Adds to existing law to provide for state sovereignty, jurisdictional presumption, and a limitation on federal power.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 650 BY RESOURCES AND CONSERVATION COMMITTEE AN ACT1 RELATING TO STATE GOVERNMENT AND STATE AFFAIRS; AMENDING CHAPTER 23, TITLE2 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-2364, IDAHO CODE,3 TO PROVIDE FOR STATE SOVEREIGNTY AND A JURISDICTIONAL PRESUMPTION; PRO-4 VIDING SEVERABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFEC-5 TIVE DATE.6

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

SECTION 1. That Chapter 23, 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 67-2364, Idaho Code, and to read as follows:10 67-2364. STATE SOVEREIGNTY AND JURISDICTIONAL PRESUMPTION -- LIMITA-11 TIONS ON FEDERAL POWER. (1) The legislature finds and declares that:12 (a) Under the ninth and tenth amendments to the constitution of the13 United States and section 1, article I of the constitution of the state14 of Idaho, all powers not delegated to the federal government are re-15 served to the states respectively or to the people;16 (b) The state of Idaho asserts its sovereignty and reserves all powers17 not expressly granted to the federal government by the constitution of18 the United States; and19 (c) The proper balance of authority between the state of Idaho and the20 federal government is essential to protecting the liberties of the peo-21 ple of Idaho.22 (2) It is the policy of the state of Idaho that jurisdiction over all23 matters arising within the state shall be presumed to reside with the state24 unless the federal government demonstrates that the constitution of the25 United States expressly and specifically delegates such jurisdiction to the26 federal government. Such presumption may be rebutted only by a clear showing27 that the federal government's exercise of jurisdiction is authorized pur-28 suant to the text of the constitution of the United States.29 (3) Areas in which the state has primary and inherent police power ju-30 risdiction shall include but are not limited to:31 (a) Public health and safety;32 (b) Education;33 (c) Water and natural resources, excluding federal reserve water34 rights;35 (d) Agriculture;36 (e) Energy;37 (f) Land use and zoning; and38 (g) Local economic regulation.39 (4) The federal government is a government of limited and enumerated40 powers. Any assertion of authority based on implied, incidental, or ancil-41

2 lary powers shall be narrowly construed and shall not overcome the presump-1 tion of state jurisdiction established in subsection (2) of this section.2 (5) In any conflict between the state and federal government regard-3 ing jurisdiction, the state of Idaho shall assert its rights in coordina-4 tion with the office of the attorney general, the governor, and the legisla-5 ture. The burden shall be on the federal government to establish the consti-6 tutional basis for any asserted jurisdiction.7

SECTION 2. SEVERABILITY. The provisions of this act are hereby declared8 to be severable and if any provision of this act or the application of such9 provision to any person or circumstance is declared invalid for any reason,10 such declaration shall not affect the validity of the remaining portions of11 this act.12

SECTION 3. An emergency existing therefor, which emergency is hereby13 declared to exist, this act shall be in full force and effect on and after14 July 1, 2026.15