Idaho Bills

Adds to existing law to provide that only citizens of the United States may vote in public elections and to provide certain penalties for violations.

This legislation requires that only citizens shall vote in primary, general federal state, local, and public elections to include constitutional amendments, ballot initiatives or referenda in the State of Idaho. The Idaho Secretary of State shall verify the citizenship of all persons on the statewide voter registrations with Idaho Transportation Department and the Social Security Administration, remove ineligible voters and notify ineligible voters in writing.

Amends existing law to revise terminology and to revise provisions regarding restraint and nonjudicial punishment in the Model State Code of Military Justice.

This legislation seeks to amend and update the Idaho Code of Military Justice (ICMJ) to further enhance commanders’ ability to maintain good order and discipline, enhance access to constitutional protections for accused, and remove antiquated and inapplicable language. The ICMJ currently contains various provisions that are incompatible with the IDNG when operating in a Title 32 or State active-duty status, therefore hindering the IDNG’s ability to properly administer military justice. To remedy this issue, the revisions will 1) promote consistency in the application of military justice; 2) enhance ICMJ’s compatibility with IDNG operations; and 3) empower subordinate commanders to conduct military justice by removing technical/legal barriers, which will improve good order and discipline at the lowest level. Key changes include: removing the promotion authority requirement for a commander to initiate nonjudicial punishment (NJP), which will allow lower level commanders to use NJP; removing a member’s ability to turndown NJP unless restriction on liberty is sought by a commander; making Summary Court Martial mandatory to provide for quick and cost effective punitive review of members’ misconduct; removing inapplicable language pertaining to naval and other services; removing unconstitutional arrest and seizure given the Idaho Supreme Court decision in State v Clarke.

Amends and repeals existing law to revise provisions regarding the filling of vacancies of political party candidates.

It has become common practice in recent years for some candidates to file for office as a placeholder. Then after the primary, depending on the primary results, the placeholder may withdraw, to be replaced by a serious candidate chosen by party bosses, rather than the people through the primary election process. This legislation will prevent that by limiting candidate withdrawals to the pre-primary period (except for independent candidates, whose only election is the general election). Once candidates have been selected by the voters through a primary election, they will remain that party’s candidate in the general election unless they must be replaced due to death or legal disqualification. This legislation also fixes a problem in Idaho’s 1970s-era election law that says names on ballots can be replaced as close as 10 days prior to the election. In a world in which absentee ballots must be mailed to requesting voters by 45 days before the election, this is no longer feasible. Therefore, it changes the cutoff for ballot changes to 50 days before the election.

Amends existing law to revise provisions regarding medical examinations of an injured employee.

The purpose of this legislation is to protect the integrity and validity of psychological and neuropsychological independent medical examinations (IMEs) in workers’ compensation cases. Current Idaho law allows for third-party observers (TPOs) and audio recording of IMEs, including neuropsychological testing. However, research and industry standards indicate that the presence of TPOs and unrestricted recordings can compromise the accuracy and reliability of such evaluations. This bill amends Section 72-433, Idaho Code, to clarify that while an injured employee retains the right to have an audio recording of their examination, this provision **shall not apply to the testing portion of psychological, neuropsychological, or psychiatric evaluations.** The presence of TPOs or unrestricted recordings during these testing procedures can undermine the scientific integrity of assessments, allow for test security breaches, and introduce variability that renders results unreliable. By implementing these changes, this legislation aligns Idaho law with nationally recognized best practices in psychology and neuropsychology while maintaining fairness in workers’ compensation cases.

Adds to existing law to establish the Insurance Data Security Act in the event of cybersecurity attacks.

The purpose of this legislation is to establish Idaho-specific standards for insurance-related data security. The legislation requires any person or entity licensed, authorized to operate, or registered, or required to be licensed, authorized, or registered pursuant to the insurance laws of Idaho to create a data security plan that is commensurate to the size and complexity of the insurer, and allows for the investigation of and notification to consumers and the Director of the Idaho Department of Insurance upon the occurrence of a Cybersecurity Event. It addresses privacy concerns associated with organizational cybersecurity practices, provides for rulemaking authority, and establishes various exceptions for certain individuals and entities.

Amends existing law to revise provisions regarding the conditions under which a voter may cast an absentee ballot and how a voter may receive an absentee ballot application.

This legislation sets specific requirements for the use of absentee ballots. With the increased use of absentee ballots as high as 49% in the 2024 election, it is important that we specify the reason and purpose for the use of absentee ballots. The original intent of the absentee was to provide access to voters who were physically unable to vote for reasons beyond their control: physical infirmity, illness, work restrictions, and the like. The ballot was never intended as a convenience, as it has most recently become. Broadening the use of absentee ballots also opens Idaho up to potential voter fraud, as the Commission on Federal Election Reform declared "absentee ballots remain the largest source of potential voter fraud." This legislation addresses those issues by eliminating no-excuse absentee ballots, while preserving the rights of those unable to vote in person because of reasons beyond their control.

Adds to existing law to provide for certain live virtual inspections and to provide for timely inspections and the option for third party inspections in certain situations.

This bill modernizes Idaho’s building inspection process by authorizing virtual inspections, improving efficiency in permitting and compliance. It allows state and local government inspectors to conduct virtual inspections using electronic or visual aids, reducing delays while maintaining safety standards. However, virtual inspections are restricted for structural assessments of buildings three stories or higher to ensure structural integrity. Additionally, the bill establishes inspection timeliness requirements. If an inspection request is not completed within 15 business days, the permit holder may hire a third-party inspector, with costs reimbursed by the responsible government entity. It also provides a fee refund mechanism, ensuring that if an inspection fails but no reason is provided within three days, the permit holder receives a 10% refund of applicable fees. These provisions promote accountability, efficiency, and fairness in Idaho’s building inspection system.

Adds to existing law to establish a cybersecurity and resiliency fund to address the state's need for information technology and cybersecurity infrastructure.

The proposed legislation establishes the Cybersecurity and Resiliency Fund, which will be used to address the state's ongoing needs for information technology and cybersecurity infrastructure. The Office of Information Technology Services (OITS) will create a five-year plan for updating and replacing cybersecurity and IT infrastructure, which will be reviewed annually as part of the budget process. The legislation outlines what constitutes "cybersecurity technology" and "information technology infrastructure."

Amends and adds to existing law to revise provisions regarding medical education programs supported by Idaho state funds and to provide for WWAMI program transition.

Idaho does not have its own state-run medical school, requiring partnerships to deliver medical education to Idaho students. This legislation removes the statutory requirement that Idaho participate in the University of Washington’s WWAMI (Washington, Wyoming, Alaska, Montana, Idaho) medical education program. As a growing state with an aging population, Idaho requires more medical doctors, and when the Idaho Legislature recently passed a resolution to expand seats in WWAMI for Idaho students, the University of Washington was unable to meet this need, and also elected not to sign an amendment to the contract with Idaho, restricting the use of Idaho state funds for abortion. In place of WWAMI, this legislation requires the State Board of Education to designate at least two medical education programs within Idaho and adjacent mountain states for Idaho’s medical education students, starting with the incoming class of 2027-2028. Until then, Idaho medical education students entering or currently enrolled in the WWAMI program will continue to enjoy the current arrangement of state support for their medical education, through their completion of the four-year program.

Amends existing law to revise provisions regarding instruction in sex education and to provide for restrictions on instruction in human sexuality.

This legislation requires an affirmative action from parents or guardians to opt in to all sexually explicit material. This legislation provides a definition of human sexuality. It provides direction as to the notification of parents at least two weeks before instruction is given. The notification shall provide a brief description of the content of the instruction along with an opportunity to review the material to be taught. This further requires that alternative educational instruction be provided to any child that does not participate. Finally, this provides direction should a child receive instruction without the permission of the parent.

Amends existing law to provide term limits for board members.

This legislation limits Water Board members' service to two four-year terms.

Adds to existing law to establish provisions regarding safety and privacy in certain covered entities and to provide for remedies.

This legislation will continue Idaho’s efforts to protect the rights of girls and women and their single-sex spaces. This will preserve order and dignity in restrooms, changing rooms and sleeping quarters for girls and women in facilities where they have been traditionally afforded privacy and safety, including from acts of abuse, harassment, sexual assault, and violence committed by men.

Adds to existing law to provide for the establishment of a certain Eastern Snake Plain Aquifer recharge goal in the state water plan.

With the current state of the Eastern Snake River Plain Aquifer (ESPA) in a state of decline it is imperative that the legislature codify parts of the recharge that must occur to protect this resource for future generations. Currently the recharge number in the state water plan is 240,000-thousand-acre feet. The purpose of this bill will be to move that number to 350,000-acre feet when water is available.