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IdahoH 08562026 regular legislative sessionHouse

PROTECTION OF GRAVES – Amends existing law to prohibit certain acts regarding graves and to provide exemptions.

Sponsored By: WAYS AND MEANS COMMITTEE

Signed by Governor

PROTECTION OF GRAVES

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Reburial rules after accidental discovery

Beginning July 1, 2026, if you inadvertently disturb human remains during work like construction, mining, or logging, you must arrange reburial. The Idaho State Historical Society pays at least part of the reinterment cost in many of these cases. The Society does not share costs when the disturbance comes from non-exempt acts that the law prohibits. The law does not set dollar amounts or timelines.

Bans on grave damage and trade

Beginning July 1, 2026, the law bans willfully damaging or destroying any grave or cairn. It also bans possessing, selling, buying, or leasing human remains or artifacts taken from a burial site, unless another law like Idaho section 27-503 or a listed exemption allows it. Public display of human remains is not allowed unless authorized. You also cannot sell or advertise items as real human remains.

Exceptions for police, medical, and museums

Beginning July 1, 2026, the law sets clear exceptions to the bans. Law enforcement and county coroners can act while doing official duties. Licensed medical, transport, mortuary, and cemetery providers may handle remains if they follow Idaho law. Qualified museums and regionally accredited colleges can possess or exhibit remains when in good standing and tax-exempt, as allowed. Actions under Idaho’s anatomical gifts law, the federal organ transplant law, NAGPRA, and Idaho section 27-503 are allowed. People who turn in remains to police or a coroner in good faith are protected.

Felony penalties and stronger enforcement

Beginning July 1, 2026, enforcers can seize suspected remains or artifacts and order forensic or DNA tests. A court can forfeit items used in a violation. Forfeited human remains go to the county coroner after all cases end. Any violation of this section is a felony under Idaho Code 18-112.

Sponsors & Cosponsors

Sponsor

  • WAYS AND MEANS COMMITTEE

    Affiliation unavailable

Cosponsors

  • Tammy Nichols

    Republican • Senate

  • Heather Scott

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 102 • No: 0

Senate vote • 3/27/2026

Senate Floor Vote

Yes: 35 • No: 0

House vote • 3/20/2026

House Floor Vote

Yes: 67 • No: 0

Actions Timeline

  1. Reported Signed by Governor on March 31, 2026 Session Law Chapter 253 Effective: 07/01/2026

    4/1/2026

  2. Delivered to Governor at 4:50 p.m. on March 30, 2026

    3/31/2026

  3. Returned Signed by the President; Ordered Transmitted to Governor

    3/30/2026Senate

  4. Signed by President; returned to House

    3/30/2026Senate

  5. Received from the House enrolled/signed by Speaker

    3/30/2026Senate

  6. Reported Enrolled; Signed by Speaker; Transmitted to Senate

    3/30/2026House

  7. Returned from Senate Passed; to JRA for Enrolling

    3/27/2026House

  8. Read third time in full – PASSED - 35-0-0

    3/27/2026Senate

  9. Read second time; filed for Third Reading

    3/26/2026Senate

  10. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    3/25/2026Senate

  11. Introduced, read first time; referred to: Judiciary & Rules

    3/23/2026Senate

  12. Received from the House passed; filed for first reading

    3/23/2026Senate

  13. Rules Suspended: Ayes 70 Nays 0 Abs/Excd 0, read in full as required – PASSED - 67-0-3

    3/20/2026House

  14. Read second time; Filed for Third Reading

    3/20/2026House

  15. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/19/2026House

  16. Reported Printed and Referred to Judiciary, Rules & Administration

    3/10/2026House

  17. Introduced, read first time, referred to JRA for Printing

    3/10/2026House

Bill Text

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