Amends and adds to existing law to establish provisions to protect public employees from certain adverse actions, to provide certain remedies for violations, and to provide special procedures for public record requests by the Legislature and legislative staff.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 632 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO GOVERNMENT TRANSPARENCY AND ETHICS; AMENDING SECTION 6-2105,2 IDAHO CODE, TO REVISE A PROVISION REGARDING REMEDIES FOR EMPLOYEE AC-3 TIONS AND PROOF REQUIRED; AMENDING CHAPTER 21, TITLE 6, IDAHO CODE, BY4 THE ADDITION OF A NEW SECTION 6-2110, IDAHO CODE, TO ESTABLISH PROVI-5 SIONS REGARDING PUBLIC EMPLOYEE COMMUNICATIONS WITH THE LEGISLATURE6 AND TO PROVIDE PROTECTIONS FOR SUCH COMMUNICATIONS; AMENDING CHAPTER7 1, TITLE 74, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 74-127, IDAHO8 CODE, TO PROVIDE FOR LEGISLATIVE PUBLIC RECORDS REQUESTS AND AGENCY9 DUTY TO RESPOND; AMENDING SECTION 74-127, IDAHO CODE, TO REDESIGNATE10 THE SECTION; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE11 DATE.12

Be It Enacted by the Legislature of the State of Idaho:13

SECTION 1. That Section 6-2105, Idaho Code, be, and the same is hereby14 amended to read as follows:15 6-2105. REMEDIES FOR EMPLOYEE BRINGING ACTION -- PROOF REQUIRED. (1)16 As used in this section, "damages" means damages for injury or loss caused17 by each violation of this chapter, and includes court costs and reasonable18 attorneys' fees.19 (2) An employee who alleges a violation of this chapter may bring a20 civil action for appropriate injunctive relief or actual damages, or both,21 within one hundred eighty (180) days after the occurrence of the alleged22 violation of this chapter.23 (3) An action begun under pursuant to this section may be brought in24 the district court for the county where the alleged violation occurred, the25 county where the complainant resides, or the county where the person against26 whom the civil complaint is filed resides or has his principal place of busi-27 ness.28 (4) To prevail in an action brought under the authority of this section,29 the employee shall establish, by a preponderance of the evidence, that the30 employee has suffered an adverse action because the employee, or a person31 acting on his behalf, engaged or intended to engage in an activity protected32 under section 6-2104 or 6-2110, Idaho Code.33 (5)(a) In no action brought pursuant to this chapter shall a judgment34 for noneconomic damages be entered for a claimant exceeding the limita-35 tion on damages contained in section 6-1603(1), Idaho Code.36 (b) The limitation contained in this subsection shall apply to the sum37 of noneconomic damages sustained by a claimant.38 (c) Governmental entities and their employees shall not be liable for39 punitive damages on any claim allowed under the provisions of this sec-40 tion.41

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SECTION 2. That Chapter 21, Title 6, Idaho Code, be, and the same is1 hereby amended by the addition thereto of a NEW SECTION, to be known and des-2 ignated as Section 6-2110, Idaho Code, and to read as follows:3 6-2110. PUBLIC EMPLOYEE COMMUNICATIONS WITH THE LEGISLATURE -- PRO-4 TECTIONS. (1) An employee may communicate in good faith with any member of5 the Idaho legislature, any member of a legislative committee, or legisla-6 tive staff regarding information, data, analysis, or professional exper-7 tise, whether or not such communication constitutes a report of any type of8 abuse or any type of waste or violation of law pursuant to section 6-2104,9 Idaho Code. For purposes of this subsection, an employee communicates in10 good faith if there is a reasonable basis in fact for the communication. Good11 faith is lacking where the employee knew or reasonably ought to have known12 that a communication is malicious, false, or frivolous.13 (2) An employer shall not take or threaten adverse action against an em-14 ployee because the employee:15 (a) Communicated in good faith with any member of the Idaho legis-16 lature, any member of a legislative committee, or legislative staff17 regarding information, data, analysis, or professional expertise,18 whether or not such communication constitutes a report of any type19 of abuse or any type of waste or violation of law pursuant to section20 6-2104, Idaho Code;21 (b) Provided information or assistance in response to a legislative re-22 quest made pursuant to section 74-127, Idaho Code; or23 (c) Participated in a legislative hearing, briefing, inquiry, or pro-24 ceeding regarding information, data, analysis, or professional exper-25 tise, whether or not such communication constitutes a report of any type26 of abuse or any type of waste or violation of law pursuant to section27 6-2104, Idaho Code.28 (3) No employer may adopt, enforce, or maintain any policy, rule, di-29 rective, practice, or agreement, written or unwritten, that:30 (a) Prohibits or restricts employee communication with any member of31 the Idaho legislature, any member of a legislative committee, or leg-32 islative staff regarding information, data, analysis, or professional33 expertise, whether or not such communication constitutes a report of34 any type of abuse or any type of waste or violation of law pursuant to35 section 6-2104, Idaho Code;36 (b) Requires prior approval, notification, or authorization before37 such communication; or38 (c) Subjects an employee to discipline or retaliation for such communi-39 cation.40 (4) Protection under this section applies only to communications made41 in good faith and does not authorize knowingly false statements or unlawful42 disclosure of confidential information.43

SECTION 3. That Chapter 1, Title 74, Idaho Code, be, and the same is44 hereby amended by the addition thereto of a NEW SECTION, to be known and des-45 ignated as Section 74-127, Idaho Code, and to read as follows:46 74-127. LEGISLATIVE PUBLIC RECORDS REQUESTS -- AGENCY DUTY TO RE-47 SPOND. (1) Every agency shall respond in good faith and as provided in this48

3 section to a public records request from a member of the Idaho legislature,1 a legislative committee or subcommittee, or legislative services office2 staff acting on behalf of the legislature. For the purposes of this section,3 "agency" means any department, board, commission, office, or institution in4 the executive branch of the Idaho state government.5 (2) Unless a different deadline is specified by law or agreed to by the6 requesting legislator or committee, the agency shall acknowledge receipt of7 the request within three (3) working days and shall provide a substantive re-8 sponse within ten (10) working days of receipt.9 (3) If the agency cannot reasonably provide a substantive response10 within ten (10) working days, it shall within that period provide written no-11 tice explaining the reason for delay and provide a date certain for response12 not to exceed an additional ten (10) working days, absent extraordinary cir-13 cumstances.14 (4) A substantive response may include records, data, explanations,15 analysis, or other information responsive to the request, including identi-16 fication of information not maintained by the agency.17 (5) Nothing in this section requires disclosure of information made18 confidential by state or federal law or otherwise exempt from disclosure19 pursuant to this chapter. The agency shall identify the legal basis for20 nondisclosure and provide any reasonably segregable nonconfidential infor-21 mation.22

SECTION 4. That Section 74-127, Idaho Code, be, and the same is hereby23 amended to read as follows:24 74-127 74-128. SEVERABILITY. The provisions of this act are hereby de-25 clared to be severable and if any provision of this act or the application of26 such provision to any person or circumstance is declared invalid for any rea-27 son, such declaration shall not affect the validity of remaining portions of28 this act.29

SECTION 5. An emergency existing therefor, which emergency is hereby30 declared to exist, this act shall be in full force and effect on and after31 July 1, 2026.32