Adds to existing law to establish provisions regarding limitations on digital identification.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1299 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO DIGITAL IDENTIFICATION; AMENDING CHAPTER 23, TITLE 67, IDAHO2 CODE, BY THE ADDITION OF A NEW SECTION 67-2364, IDAHO CODE, TO ESTABLISH3 PROVISIONS REGARDING LIMITATIONS ON DIGITAL IDENTIFICATION; PROVIDING4 SEVERABILITY; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE5 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. LIMITATIONS ON DIGITAL IDENTIFICATION. (1) As used in this11 section:12 (a) "Digital identification" means an electronic credential issued by13 a public entity and stored or displayed on a personal electronic device14 to establish a person's identity, age, or legal status.15 (b) "Public entity" means the state of Idaho or any agency, department,16 board, commission, institution, political subdivision, or contractor17 acting on behalf of the state.18 (2)(a) A public entity shall not require any person to obtain, main-19 tain, present, or use digital identification.20 (b) A public entity shall not deny, delay, condition, or reduce any21 service, benefit, license, employment, education, or access based on a22 person's refusal or inability to use digital identification.23 (c) Physical, non-digital identification authorized under Idaho law24 shall remain valid for all governmental purposes.25 (3)(a) A public entity shall not require a person to surrender, unlock,26 or relinquish control of a personal electronic device for identity ver-27 ification.28 (b) Presentation of digital identification shall not constitute con-29 sent to search or access any other contents of a device.30 (c) Information incidentally observed on a device shall not be used31 to establish probable cause or justification for further search or32 seizure.33 (4)(a) Digital identification may be used only for immediate identity34 verification.35 (b) A public entity shall not track individuals, retain identity data36 beyond a transaction, or use digital identification as a universal or37 shared credential across agencies.38 (5)(a) A person aggrieved by a violation of this section may seek39 declaratory or injunctive relief and recover reasonable attorney's40 fees and costs.41

2 (b) A court shall order immediate relief to remedy any ongoing viola-1 tion, including requiring the public entity to provide the denied ser-2 vice, benefit, or access without use of digital identification.3 (c) In addition to other relief, a person whose rights are violated pur-4 suant to this section may recover statutory damages in an amount no less5 than five hundred dollars ($500) and no more than two thousand five hun-6 dred dollars ($2,500) per violation.7 (d) A court may impose a civil penalty not to exceed five thousand dol-8 lars ($5,000) per violation against a public entity that knowingly vio-9 lates this section, provided that no civil penalty shall be imposed un-10 less the public entity has received written notice of the violation and11 fails to cure the violation within thirty (30) days of receipt of such12 notice.13

SECTION 2. SEVERABILITY. The provisions of this act are hereby declared14 to be severable and if any provision of this act or the application of such15 provision to any person or circumstance is declared invalid for any reason,16 such declaration shall not affect the validity of the remaining portions of17 this act.18

SECTION 3. An emergency existing therefor, which emergency is hereby19 declared to exist, this act shall be in full force and effect on and after20 July 1, 2026.21