Amends existing law to provide for the specific performance of tendering the type or form of specie expressly designated in certain contracts.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1323 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO THE IDAHO CONSTITUTIONAL MONEY ACT OF 2025; AMENDING SECTION2 67-9803, AS ENACTED BY SECTION 2, CHAPTER 107, LAWS OF 2025, TO PROVIDE3 FOR THE SPECIFIC PERFORMANCE OF TENDERING THE TYPE OR FORM OF SPECIE EX-4 PRESSLY DESIGNATED IN CERTAIN CONTRACTS AND TO REDESIGNATE THE SECTION;5 AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.6

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

SECTION 1. That 67-9803, Idaho Code, as enacted by Section 2, Chapter8 107, Laws of 2025, be, and the same is hereby amended to read as follows:9 67-9803 67-9903. GOLD AND SILVER COIN AND SPECIE. (1) To the full ex-10 tent allowed by clause 1, section 10, article I of, and the tenth amendment11 to, the constitution of the United States, gold and silver coin and specie12 minted domestically shall be legal tender in the state of Idaho under the13 laws of this state. The state may also elect to use gold and silver coin and14 specie in conducting its business.15 (2) Unless expressly provided by statute or by contract, no person or16 other entity may compel another person or other entity to tender or accept17 gold or silver coin or specie unless agreed upon by the parties.18 (3) If a valid contract expressly designates a type or form of specie19 as tender, then an Idaho court asked to adjudicate a breach of such contract20 shall require, as a remedy for such breach, the specific performance of ten-21 dering the type or form of specie expressly designated in the contract.22

SECTION 2. An emergency existing therefor, which emergency is hereby23 declared to exist, this act shall be in full force and effect on and after24 July 1, 2026.25