LIMITATIONS ON DIGITAL IDENTIFICATION

67-2364. LIMITATIONS ON DIGITAL IDENTIFICATION. (1) As used in this section: (a) "Digital identification" means an electronic credential issued by a public entity and stored or displayed on a personal electronic device to establish a person's identity, age, or legal status. (b) "Public entity" means the state of Idaho or any agency, department, board, commission, institution, political subdivision, or contractor acting on behalf of the state. (2)(a) A public entity shall not require any person to obtain, maintain, present, or use digital identification. (b) A public entity shall not deny, delay, condition, or reduce any service, benefit, license, employment, education, or access based on a person's refusal or inability to use digital identification. (c) Physical, non-digital identification authorized under Idaho law shall remain valid for all governmental purposes. (3)(a) A public entity shall not require a person to surrender, unlock, or relinquish control of a personal electronic device for identity verification. (b) Presentation of digital identification shall not constitute consent to search or access any other contents of a device. (4)(a) Digital identification may be used only for immediate identity verification. (b) A public entity shall not track individuals, retain identity data beyond a transaction, or use digital identification as a universal or shared credential across agencies. (5)(a) The attorney general shall have the authority to enforce the provisions of this section. Before filing an action for injunctive relief, the attorney general shall provide written notice of the alleged violation and allow the public entity fifteen (15) days to cure the violation. (b) If the violation is not cured within fifteen (15) days, the attorney general may bring an action in district court to enjoin the public entity from violating the provisions of this section. (6) Any person aggrieved by a violation of this section may bring an action in district court for declaratory or injunctive relief. (7) A court issuing an order pursuant to this section may enforce such order through the court's contempt authority as provided by law. (8) A prevailing plaintiff in an action brought pursuant to this section shall be entitled to reasonable attorney's fees and costs. (9) No public employee shall be personally liable for actions taken within the employee's scope of employment. [67-2364, added 2026, ch. 250, sec. 1, p. 1052.] 67-2364 [67-2365]. STATE SOVEREIGNTY AND JURISDICTIONAL PRESUMPTION -- LIMITATIONS ON FEDERAL POWER. (1) The legislature finds and declares that: (a) Under the ninth and tenth amendments to the constitution of the United States and section 1, article I of the constitution of the state of Idaho, all powers not delegated to the federal government are reserved to the states respectively or to the people; (b) The state of Idaho asserts its sovereignty and reserves all powers not expressly granted to the federal government by the constitution of the United States; and (c) The proper balance of authority between the state of Idaho and the federal government is essential to protecting the liberties of the people of Idaho. (2) It is the policy of the state of Idaho that jurisdiction over all matters arising within the state shall be presumed to reside with the state unless the federal government demonstrates that the constitution of the United States expressly and specifically delegates such jurisdiction to the federal government. Such presumption may be rebutted only by a clear showing that the federal government's exercise of jurisdiction is authorized pursuant to the text of the constitution of the United States. (3) Areas in which the state has primary and inherent police power jurisdiction shall include but are not limited to: (a) Public health and safety; (b) Education; (c) Water and natural resources, excluding federal reserve water rights; (d) Agriculture; (e) Energy; (f) Land use and zoning; and (g) Local economic regulation. (4) The federal government is a government of limited and enumerated powers. Any assertion of authority based on implied, incidental, or ancillary powers shall be narrowly construed and shall not overcome the presumption of state jurisdiction established in subsection (2) of this section. (5) In any conflict between the state and federal government regarding jurisdiction, the state of Idaho shall assert its rights in coordination with the office of the attorney general, the governor, and the legislature. The burden shall be on the federal government to establish the constitutional basis for any asserted jurisdiction.