Amends existing law to provide that the State Controller shall publish a list of asset forfeitures and to provide that law enforcement shall report asset forfeiture information to the State Controller.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 575 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO DUTIES OF THE STATE CONTROLLER; AMENDING SECTION 67-1001, IDAHO2 CODE, TO REQUIRE THE STATE CONTROLLER TO STORE, MAINTAIN, AND PUBLISH3 A CURRENT LIST OF CERTAIN CIVIL ASSET FORFEITURES; AMENDING SECTION4 37-2744, IDAHO CODE, TO REQUIRE STATE AND LOCAL LAW ENFORCEMENT AGEN-5 CIES TO SHARE INFORMATION RELATING TO CERTAIN CIVIL ASSET FORFEITURES6 WITH THE STATE CONTROLLER; AND DECLARING AN EMERGENCY AND PROVIDING AN7 EFFECTIVE DATE.8

Be It Enacted by the Legislature of the State of Idaho:9

SECTION 1. That Section 67-1001, Idaho Code, be, and the same is hereby10 amended to read as follows:11 67-1001. DUTIES OF CONTROLLER. It is the duty of the state controller:12 (1) To superintend the fiscal concerns of the state, with its account-13 ing, informational, payroll, and related data processing services.14 (2) To deliver to the governor and the legislative services office on15 or before the first day of January a financial statement that complies with16 generally accepted accounting principles of the funds of the state, its rev-17 enues, and of the public expenditures during the preceding fiscal year.18 (3) When requested, to give information in writing to either house of19 the legislature relating to the fiscal affairs of the state or the duties of20 his office.21 (4) To suggest plans and provide internal control standards for the im-22 provement and management of the public revenues, assets, expenditures, and23 liabilities.24 (5) To keep and state all funds in which the state is interested.25 (6) To keep an account of all warrants drawn upon the treasurer, and a26 separate account under the head of each specified appropriation, showing at27 all times the unexpended balance of such appropriation.28 (7) To keep an account between the state and the treasurer and therein29 to charge the treasurer with the balance in the treasury when he came into30 office and with all moneys received by him and to credit him with all warrants31 drawn on and paid by him.32 (8) To keep a register of warrants showing the fund or funds upon which33 they are drawn, the number, in whose favor, the appropriation applicable to34 the payment thereof, and when the liability accrued.35 (9) To examine and settle the accounts of all persons indebted to the36 state.37 (10) In his discretion, to require any person presenting an account for38 settlement to be sworn before him and to answer, orally or in writing, as to39 any facts relating to the account for settlement.40 (11) To require all persons who have received any moneys belonging to41 the state, and have not accounted therefor, to settle their accounts.42

2 (12) To account for the collection of all moneys due the state that are1 not the responsibility of any other agency and institute suits in its name2 for all official delinquencies in relation to assessment, collection and3 payment of the revenue, against persons who by any means have become pos-4 sessed of public money or property and fail to pay over or deliver the same,5 and against all debtors of the state, of which suits the courts of Ada county6 have jurisdiction, without regard to the residence of the defendants.7 (13) To draw warrants on the treasurer for the payment of moneys di-8 rected by law to be paid out of the treasury; but no warrant must be drawn9 unless authorized by law.10 (14) To furnish the state treasurer with a daily total dollar amount, by11 fund and/or account when requested by the state treasurer, of warrants drawn12 upon the treasury.13 (15) To authenticate with his signature, his electronic signature, or14 his facsimile signature all warrants drawn by him and all copies of official15 documents issued from his office.16 (16) To charge the state treasurer with money and evidences of indebted-17 ness received from, and to credit him for money drawn by, the state board of18 land commissioners in the moneys or accounts over which said board has con-19 trol.20 (17) To act ex officio as member of the state board of canvassers and21 state board of land commissioners, secretary of the state board of examin-22 ers, and participant in other organizations in the performance of such du-23 ties as prescribed by law for such officer.24 (18) To create and establish such divisions and other administrative25 units within the office as necessary.26 (19) To be the official repository of all audit reports of the state and27 political subdivisions that are required to be audited pursuant to sections28 67-450B, 67-450C, and 67-450D, Idaho Code.29 (20) To store, maintain, and publish a current list of agreements en-30 tered into by state officers and agencies pursuant to section 67-1085, Idaho31 Code.32 (21) To store, maintain, and publish a current list of civil asset for-33 feitures pursuant to section 37-2744, Idaho Code.34

SECTION 2. That Section 37-2744, Idaho Code, be, and the same is hereby35 amended to read as follows:36 37-2744. FORFEITURES. (a) The following are subject to forfeiture:37 (1) All controlled substances that have been manufactured, dis-38 tributed, dispensed, acquired, possessed or held in violation of this39 act or with respect to which there has been any act by any person in vio-40 lation of this act;41 (2) All raw materials, products and equipment of any kind that are used,42 or intended for use, in manufacturing, compounding, processing, deliv-43 ering, importing, or exporting any controlled substances or counter-44 feit substances in violation of this act;45 (3) All property that is used, or intended for use, as a container46 for property used in the commission of an act prohibited by section47 37-2732B, 37-2732(a) or (b), or 37-2737A, Idaho Code;48

3 (4) All conveyances, including aircraft, vehicles, or vessels, that1 are used, or intended for use, to transport, or in any manner to fa-2 cilitate the transportation, delivery, receipt or manufacture of3 substances as prohibited by section 37-2732B, 37-2732(a) or (b), or4 37-2737A, Idaho Code, but:5 (A) No conveyance used by any person as a common carrier in the6 transaction of business as a common carrier is subject to forfei-7 ture under this section unless it appears that the owner or other8 person in charge of the conveyance is a consenting party or privy9 to a violation of this act;10 (B) No conveyance is subject to forfeiture under this section if11 the owner establishes that he could not have known in the exercise12 of reasonable diligence that the conveyance was being used, had13 been used, was intended to be used or had been intended to be used14 in any manner described in subsection (a)(4) of this section;15 (C) A forfeiture of a conveyance encumbered by a bona fide secu-16 rity interest is subject to the interest of the secured party if17 the security interest was created without any knowledge or reason18 to believe that the conveyance was being used, had been used, was19 intended to be used, or had been intended to be used for the purpose20 alleged.21 (5) All books, records, and research products and materials, including22 formulas, microfilm, tapes, and data that are used, or intended for use,23 in violation of this act.24 (6)(A) All moneys, currency, negotiable instruments, securities25 or other items easily liquidated for cash, such as, but not lim-26 ited to, jewelry, stocks and bonds, or other property described in27 paragraphs (2) and (3) of this subsection that is found in close28 proximity to property described in paragraph (1), (2), (3), (5),29 (7) or (8) of this subsection and that has been used or is intended30 for use in connection with the illegal manufacture, distribution,31 dispensing or possession of property described in paragraph (1),32 (2), (3), (5), (7) or (8) of this subsection;33 (B) Items described in subparagraph (A) of this paragraph or other34 things of value furnished or intended to be furnished by any person35 in exchange for a contraband controlled substance in violation of36 this chapter, all proceeds, including items of property traceable37 to such an exchange, and all moneys or other things of value used or38 intended to be used to facilitate any violation of this chapter,39 except that no property shall be forfeited under this paragraph40 to the extent of the interest of an owner, by reason of any act or41 omission established by that owner to have been committed or omit-42 ted without the knowledge or consent of that owner.43 (7) All drug paraphernalia as defined by section 37-2701, Idaho Code.44 (8) All simulated controlled substances, which are used or intended for45 use in violation of this chapter.46 (9) All weapons, or firearms, which are used in any manner to facilitate47 a violation of the provisions of this chapter.48 (b) Property subject to forfeiture under this chapter may be seized by49 the director, or any peace officer of this state, upon process issued by any50

4 district court, or magistrate division thereof, having jurisdiction over1 the property. Seizure without process may be made if:2 (1) The seizure is incident to an arrest or a search under a search war-3 rant or an inspection under an administrative inspection warrant;4 (2) The property subject to seizure has been the subject of a prior5 judgment in favor of the state in a criminal racketeering or civil for-6 feiture proceeding based upon a violation of this chapter;7 (3) Probable cause exists to believe that the property is directly or8 indirectly dangerous to health or safety; or9 (4) Probable cause exists to believe that the property was used or is10 intended to be used in violation of this chapter.11 Mere presence or possession of United States currency, without other indicia12 of criminal activity, is insufficient cause for seizure.13 (c) In the event of seizure pursuant to subsection (b) of this sec-14 tion, proceedings under subsection (d) of this section shall be instituted15 promptly.16 (1) When property is seized under this section, the director or the17 peace officer who seized the property may:18 (A) Place the property under seal;19 (B) Remove the property to a place designated by him; or20 (C) Take custody of the property and remove it to an appropriate21 location for disposition in accordance with law.22 (2) The peace officer who seized the property shall within five (5) days23 notify the director of such seizure.24 (3) In the event of seizure pursuant to subsection (b) of this section,25 proceedings under subsection (d) of this section shall be instituted26 within thirty (30) days by the director or appropriate prosecuting at-27 torney.28 (d) Property taken or detained under this section may be subject to re-29 plevin during the pendency of the forfeiture proceedings upon a hearing and30 finding by the district court, or magistrate division thereof, having juris-31 diction over the forfeiture proceedings, that the property is: (i) reason-32 ably necessary for the owner's employment or personal use, that the property33 will not be disposed of or used for criminal activity, and that reasonable34 security has been posted; or (ii) that the seizure violated the provisions35 of this section. The right of replevin shall terminate upon an order of for-36 feiture as set forth in this section. Property that is being held that has37 evidentiary value in the underlying criminal case shall not be subject to re-38 plevin. Forfeiture proceedings shall be civil actions against the property39 subject to forfeiture and the standard of proof shall be preponderance of the40 evidence.41 (1) All property described in paragraphs (1), (7) and (8) of subsection42 (a) of this section shall be deemed contraband and shall be summarily43 forfeited to the state. Controlled substances that are seized or come44 into possession of the state, the owners of which are unknown, shall be45 deemed contraband and shall be summarily forfeited to the state.46 (2) When property described in paragraphs (2), (3), (4), (5), (6) or (9)47 of subsection (a) of this section is seized pursuant to this section,48 forfeiture proceedings shall be filed in the office of the clerk of the49 district court for the county wherein such property is seized. The pro-50

5 cedure governing such proceedings shall be the same as that prescribed1 for civil proceedings by the Idaho rules of civil procedure. The court2 shall determine whether such property was used, or intended for use,3 in violation of this chapter. The court shall also determine whether a4 property forfeiture is proportionate to the crime alleged, charged or5 proven. Factors to be considered by the court in making such a determi-6 nation shall include, but are not limited to, the nature and severity of7 the crime, the fair market value of the property, the intangible or sub-8 jective value of the property, the hardship to the defendant, the effect9 of forfeiture on the defendant's family or financial circumstances, and10 any other sanctions or penalties that have been imposed upon the defen-11 dant. The court may tailor the forfeiture of property according to its12 determination of proportionality as justice requires.13 (3) When conveyances, including aircraft, vehicles, or vessels, are14 seized pursuant to this section, a complaint instituting forfeiture15 proceedings shall be filed in the office of the clerk of the district16 court for the county wherein such conveyance is seized.17 (A) Notice of forfeiture proceedings shall be given to each owner18 or party in interest who has a right, title, or interest which in19 the case of a conveyance shall be determined by the record in the20 Idaho transportation department, or a similar department of an-21 other state if the records are maintained in that state, by serving22 a copy of the complaint and summons according to one (1) of the fol-23 lowing methods:24 (I) Upon each owner or party in interest by mailing a copy of25 the complaint and summons by certified mail to the address as26 given upon the records of the appropriate department.27 (II) Upon each owner or party in interest whose name and ad-28 dress is known, by mailing a copy of the notice by registered29 mail to the last known address.30 (B) Within twenty (20) days after the mailing or publication of31 the notice, the owner of the conveyance or claimant may file a ver-32 ified answer and claim to the property described in the complaint33 instituting forfeiture proceedings.34 (C) If at the end of twenty (20) days after the notice has been35 mailed there is no verified answer on file, the court shall hear36 evidence upon the fact of the unlawful use, or intent to use, and37 shall order the property forfeited to the director, or appropriate38 prosecuting attorney, if such fact is proved.39 (D) If a verified answer is filed, the forfeiture proceeding shall40 be set for hearing before the court without a jury on a day not less41 than thirty (30) days therefrom; and the proceeding shall have42 priority over other civil cases.43 (I) At the hearing any owner who has a verified answer on44 file may show by competent evidence that the conveyance was45 not used or intended to be used in any manner described in46 subsection (a)(4) of this section.47 (II) At the hearing any owner who has a verified answer on48 file may show by competent evidence that his interest in the49 conveyance is not subject to forfeiture because he did not50

6 know that the conveyance was being used, had been used, was1 intended to be used or had been intended to be used in any2 manner described in subsection (a)(4) of this section.3 (III) If the court finds that the property was not used or was4 not intended to be used in violation of this act, or is not5 subject to forfeiture under this act, the court shall order6 the property released to the owner as his right, title, or7 interest appears on records in the appropriate department as8 of the seizure.9 (IV) An owner, co-owner or claimant of any right, title, or10 interest in the conveyance may prove that his right, title,11 or interest, whether under a lien, mortgage, conditional12 sales contract or otherwise, was created without any knowl-13 edge or reason to believe that the conveyance was being used,14 had been used, was intended to be used, or had been intended15 to be used for the purpose alleged;16 (i) In the event of such proof, the court shall or-17 der the conveyance released to the bona fide or inno-18 cent owner, purchaser, lienholder, mortgagee, or con-19 ditional sales vendor.20 (ii) If the amount due to such person is less than the21 value of the conveyance, the conveyance may be sold at22 public auction by the director or appropriate prose-23 cuting attorney. The director, or appropriate prose-24 cuting attorney, shall publish a notice of the sale by25 at least one (1) publication in a newspaper published26 and circulated in the city, community or locality where27 the sale is to take place at least one (1) week prior28 to sale of the conveyance. The proceeds from such sale29 shall be distributed as follows in the order indicated:30 1. To the bona fide or innocent owner, purchaser,31 conditional sales vendor, lienholder or mort-32 gagee of the conveyance, if any, up to the value33 of his interest in the conveyance.34 2. The balance, if any, in the following order:35 A. To the director, or appropriate prose-36 cuting attorney, for all expenditures made37 or incurred by him in connection with the38 sale, including expenditure for any neces-39 sary repairs, storage, or transportation40 of the conveyance, and for all expendi-41 tures made or incurred by him in connection42 with the forfeiture proceedings includ-43 ing, but not limited to, expenditures for44 witnesses' fees, reporters' fees, tran-45 scripts, printing, traveling and investi-46 gation.47 B. To the law enforcement agency of this48 state which seized the conveyance for all49 expenditures for traveling, investiga-50

7 tion, storage and other expenses made or1 incurred after the seizure and in connec-2 tion with the forfeiture of any conveyance3 seized under this act.4 C. The remainder, if any, to the director5 for credit to the drug and driving while6 under the influence enforcement donation7 fund or to the appropriate prosecuting8 attorney for credit to the local drug en-9 forcement donation fund, or its equiva-10 lent.11 (iii) In any case, the director, or appropriate pros-12 ecuting attorney, may, within thirty (30) days after13 judgment, pay the balance due to the bona fide lien-14 holder, mortgagee or conditional sales vendor and15 thereby purchase the conveyance for use to enforce this16 act.17 (e) When property is forfeited under this section, or is received from a18 federal enforcement agency, the director, or appropriate prosecuting attor-19 ney, may:20 (1) Upon a showing that the property as set forth in this section is21 suited for and likely to be used for law enforcement activities, the22 plaintiff or law enforcement agency may, with judicial approval, retain23 it for official use;24 (2) Sell that which is not required to be destroyed by law and which is25 not harmful to the public.26 The director, or appropriate prosecuting attorney, shall publish a no-27 tice of the sale by at least one (1) publication in a newspaper published28 and circulated in the city, community or locality where the sale is to29 take place at least one (1) week prior to sale of the property. The pro-30 ceeds from such sale shall be distributed as follows in the order indi-31 cated:32 (A) To the director, or prosecuting attorney on behalf of the33 county or city law enforcement agency, for all expenditures made34 or incurred in connection with the sale, including expenditure35 for any necessary repairs, maintenance, storage or transporta-36 tion, and for all expenditures made or incurred in connection37 with the forfeiture proceedings including, but not limited to,38 expenditures for witnesses' fees, reporters' fees, transcripts,39 printing, traveling and investigation.40 (B) To the law enforcement agency of this state which seized the41 property for all expenditures for traveling, investigation, stor-42 age and other expenses made or incurred after the seizure and in43 connection with the forfeiture of any property seized under this44 act.45 (C) The remainder, if any, to the director for credit to the drug46 and driving while under the influence enforcement donation fund47 or to the appropriate prosecuting attorney for credit to the local48 agency's drug enforcement donation fund; or49

8 (3) Take custody of the property and remove it for disposition in accor-1 dance with law.2 (f)(1) The director or any peace officer of this state seizing any of3 the property described in paragraphs (1) and (2) of subsection (a) of4 this section shall cause a written inventory to be made and maintain5 custody of the same until all legal actions have been exhausted unless6 such property has been placed in lawful custody of a court or state7 or federal law enforcement agency. After all legal actions have been8 exhausted with respect to such property, the property shall be surren-9 dered by the court, law enforcement agency, or person having custody10 of the same to the director to be destroyed pursuant to paragraph (2)11 of this subsection. The property shall be accompanied with a written12 inventory on forms furnished by the director.13 (2) All property described in paragraphs (1) and (2) of subsection (a)14 of this section that is seized or surrendered under the provisions of15 this act may be destroyed after all legal actions have been exhausted.16 The destruction shall be done under the supervision of the Idaho state17 police by a representative of the office of the director. An official18 record listing the property destroyed and the location of destruction19 shall be kept on file at the office of the director. Except, however,20 that the director of the Idaho state police or his designee may autho-21 rize the destruction of drug or nondrug evidence, or store those items22 at government expense when, in the opinion of the director or his de-23 signee, it is not reasonable to remove or transport such items from the24 location of the seizure for destruction. In such case, a representative25 sample will be removed and preserved for evidentiary purposes and, when26 practicable, destroyed as otherwise is in accordance with this chapter.27 On-site destruction of such items shall be witnessed by at least two (2)28 persons, one (1) of whom shall be the director or his designee who shall29 make a record of the destruction.30 (g) Species of plants from which controlled substances in schedules I31 and II may be derived that have been planted or cultivated in violation of32 this act, or of which the owners or cultivators are unknown, or that are wild33 growths, may be seized and summarily forfeited to the state.34 (h) The failure, upon demand by the director, or his duly authorized35 agent, of the person in occupancy or in control of land or premises upon which36 the species of plants are growing or being stored, to produce an appropriate37 registration, or proof that he is the holder thereof, constitutes authority38 for the seizure and forfeiture of the plants.39 (i) The director shall have the authority to enter upon any land or into40 any dwelling pursuant to a search warrant, to cut, harvest, carry off or de-41 stroy such plants described in subsection (g) of this section.42 (j)(1) On or before March 31, 2019, and by March 31 of each year there-43 after, each state or local law enforcement agency in this state that has44 seized or forfeited property pursuant to this section shall retain the45 following information from the previous calendar year:46 (1) (A) Name of the law enforcement agency that seized the prop-47 erty;48 (2) (B) Date of seizure;49

9 (3) (C) Type and description of property seized, including make,1 model, year, and serial number, if applicable;2 (4) (D) Crime, if any, for which the suspect has been charged, in-3 cluding whether such crime is a violation of state or federal law;4 (5) (E) Criminal case number, if any;5 (6) (F) Outcome, if any, of suspect's case;6 (7) (G) If forfeiture was not processed under state law, the rea-7 son for the federal transfer, if known;8 (8) (H) Forfeiture case number;9 (9) (I) Date of forfeiture decision;10 (10) (J) Whether there was a forfeiture settlement agreement;11 (11) (K) Date and outcome of property disposition as described by12 one (1) of the following: returned to owner, partially returned to13 owner, sold, destroyed, or retained by law enforcement; and14 (12) (L) Value of the property forfeited based on the value real-15 ized, if sold, or a reasonable good faith estimate of the value, if16 possible.17 (2) Local law enforcement agencies shall submit the information re-18 quired by this subsection to the county prosecutor for its jurisdiction19 on a form as promulgated in rule by the Idaho state police, and such20 prosecutor shall retain the form for a period of seven (7) years.21 (3) State and local law enforcement agencies shall, by April 1 of each22 year, submit information described pursuant to this subsection relat-23 ing to the previous calendar year to the state controller for storage,24 maintenance, and publication pursuant to section 67-1001, Idaho Code.25

SECTION 3. An emergency existing therefor, which emergency is hereby26 declared to exist, this act shall be in full force and effect on and after27 July 1, 2026.28