Read the full stored bill text
LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
510
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
GOVERNMENT
TRANSPARENCY
AND
ETHICS;
AMENDING
SECTION
6
-
2105,
2
IDAHO
CODE,
TO
REVISE
A
PROVISION
REGARDING
REMEDIES
FOR
EMPLOYEE
AC
-
3
TIONS
AND
PROOF
REQUIRED;
AMENDING
CHAPTER
21,
TITLE
6,
IDAHO
CODE,
BY
4
THE
ADDITION
OF
A
NEW
SECTION
6
-
2110,
IDAHO
CODE,
TO
ESTABLISH
PROVI
-
5
SIONS
REGARDING
PUBLIC
EMPLOYEE
COMMUNICATIONS
WITH
THE
LEGISLATURE
6
AND
TO
PROVIDE
PROTECTIONS
FOR
SUCH
COMMUNICATIONS;
AMENDING
CHAPTER
7
1,
TITLE
74,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
74
-
127,
IDAHO
8
CODE,
TO
PROVIDE
FOR
LEGISLATIVE
PUBLIC
RECORDS
REQUESTS
AND
AGENCY
9
DUTY
TO
RESPOND;
AMENDING
SECTION
74
-
127,
IDAHO
CODE,
TO
REDESIGNATE
10
THE
SECTION;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
1
1
DATE.
12
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
13
SECTION
1.
That
Section
6
-
2105,
Idaho
Code,
be,
and
the
same
is
hereby
14
amended
to
read
as
follows:
15
6
-
2105.
REMEDIES
FOR
EMPLOYEE
BRINGING
ACTION
-
-
PROOF
REQUIRED.
(1)
16
As
used
in
this
section,
"damages"
means
damages
for
injury
or
loss
caused
17
by
each
violation
of
this
chapter,
and
includes
court
costs
and
reasonable
18
attorneys'
fees.
19
(2)
An
employee
who
alleges
a
violation
of
this
chapter
may
bring
a
20
civil
action
for
appropriate
injunctive
relief
or
actual
damages,
or
both,
21
within
one
hundred
eighty
(180)
days
after
the
occurrence
of
the
alleged
22
violation
of
this
chapter.
23
(3)
An
action
begun
under
pursuant
to
this
section
may
be
brought
in
24
the
district
court
for
the
county
where
the
alleged
violation
occurred,
the
25
county
where
the
complainant
resides,
or
the
county
where
the
person
against
26
whom
the
civil
complaint
is
filed
resides
or
has
his
principal
place
of
busi
-
27
ness.
28
(4)
To
prevail
in
an
action
brought
under
the
authority
of
this
section,
29
the
employee
shall
establish,
by
a
preponderance
of
the
evidence,
that
the
30
employee
has
suffered
an
adverse
action
because
the
employee,
or
a
person
31
acting
on
his
behalf,
engaged
or
intended
to
engage
in
an
activity
protected
32
under
section
6
-
2104
or
6
-
2110
,
Idaho
Code.
33
(5)
(a)
In
no
action
brought
pursuant
to
this
chapter
shall
a
judgment
34
for
noneconomic
damages
be
entered
for
a
claimant
exceeding
the
limita
-
35
tion
on
damages
contained
in
section
6
-
1603(1),
Idaho
Code.
36
(b)
The
limitation
contained
in
this
subsection
shall
apply
to
the
sum
37
of
noneconomic
damages
sustained
by
a
claimant.
38
(c)
Governmental
entities
and
their
employees
shall
not
be
liable
for
39
punitive
damages
on
any
claim
allowed
under
the
provisions
of
this
sec
-
40
tion.
41
2
SECTION
2.
That
Chapter
21,
Title
6,
Idaho
Code,
be,
and
the
same
is
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
2
ignated
as
Section
6
-
2110,
Idaho
Code,
and
to
read
as
follows:
3
6
-
2110.
PUBLIC
EMPLOYEE
COMMUNICATIONS
WITH
THE
LEGISLATURE
-
-
PRO
-
4
TECTIONS.
(1)
An
employee
may
communicate
in
good
faith
with
any
member
of
5
the
Idaho
legislature,
any
member
of
a
legislative
committee,
or
legislative
6
staff,
including
the
provision
of
information,
data,
analysis,
or
profes
-
7
sional
expertise,
whether
or
not
such
communication
constitutes
a
report
of
8
any
type
of
abuse
or
any
type
of
waste
or
violation
of
law
pursuant
to
section
9
6
-
2104,
Idaho
Code.
For
purposes
of
this
subsection,
an
employee
communi
-
10
cates
in
good
faith
if
there
is
a
reasonable
basis
in
fact
for
the
communica
-
1
1
tion.
Good
faith
is
lacking
where
the
employee
knew
or
reasonably
ought
to
12
have
known
that
a
communication
is
malicious,
false,
or
frivolous.
13
(2)
An
employer
shall
not
take
or
threaten
adverse
action
against
an
em
-
14
ployee
because
the
employee:
15
(a)
Communicated
or
attempted
to
communicate
in
good
faith
with
any
16
member
of
the
Idaho
legislature,
any
member
of
a
legislative
committee,
17
or
legislative
staff;
18
(b)
Provided
information
or
assistance
in
response
to
a
legislative
re
-
19
quest
made
pursuant
to
section
74
-
127,
Idaho
Code;
or
20
(c)
Participated
in
a
legislative
hearing,
briefing,
inquiry,
or
pro
-
21
ceeding.
22
(3)
No
employer
may
adopt,
enforce,
or
maintain
any
policy,
rule,
di
-
23
rective,
practice,
or
agreement,
written
or
unwritten,
that:
24
(a)
Prohibits
or
restricts
employee
communication
with
any
member
of
25
the
Idaho
legislature,
any
member
of
a
legislative
committee,
or
leg
-
26
islative
staff;
27
(b)
Requires
prior
approval,
notification,
or
authorization
before
28
such
communication;
or
29
(c)
Subjects
an
employee
to
discipline
or
retaliation
for
such
communi
-
30
cation.
31
(4)
Protection
under
this
section
applies
only
to
communications
made
32
in
good
faith
and
does
not
authorize
knowingly
false
statements
or
unlawful
33
disclosure
of
confidential
information.
34
SECTION
3.
That
Chapter
1,
Title
74,
Idaho
Code,
be,
and
the
same
is
35
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
36
ignated
as
Section
74
-
127,
Idaho
Code,
and
to
read
as
follows:
37
74
-
127.
LEGISLATIVE
PUBLIC
RECORDS
REQUESTS
-
-
AGENCY
DUTY
TO
RE
-
38
SPOND.
(1)
Every
agency
shall
respond
in
good
faith
and
as
provided
in
this
39
section
to
a
public
records
request
from
a
member
of
the
Idaho
legislature,
40
a
legislative
committee
or
subcommittee,
or
legislative
services
office
41
staff
acting
on
behalf
of
the
legislature.
For
the
purposes
of
this
section,
42
"agency"
means
any
department,
board,
commission,
office,
or
institution
in
43
the
executive
branch
of
the
Idaho
state
government.
44
(2)
Unless
a
different
deadline
is
specified
by
law
or
agreed
to
by
the
45
requesting
legislator
or
committee,
the
agency
shall
acknowledge
receipt
of
46
the
request
within
three
(3)
working
days
and
shall
provide
a
substantive
re
-
47
sponse
within
fifteen
(15)
working
days
of
receipt.
48
3
(3)
If
the
agency
cannot
reasonably
provide
a
substantive
response
1
within
fifteen
(15)
working
days,
it
shall
within
that
period
provide
writ
-
2
ten
notice
explaining
the
reason
for
delay
and
provide
a
date
certain
for
3
response
not
to
exceed
an
additional
fifteen
(15)
working
days,
absent
ex
-
4
traordinary
circumstances.
5
(4)
A
substantive
response
may
include
records,
data,
explanations,
6
analysis,
or
other
information
responsive
to
the
request,
including
identi
-
7
fication
of
information
not
maintained
by
the
agency.
8
(5)
Nothing
in
this
section
requires
disclosure
of
information
made
9
confidential
by
state
or
federal
law.
The
agency
shall
identify
the
legal
10
basis
for
nondisclosure
and
provide
any
reasonably
segregable
nonconfiden
-
1
1
tial
information.
12
SECTION
4.
That
Section
74
-
127,
Idaho
Code,
be,
and
the
same
is
hereby
13
amended
to
read
as
follows:
14
74
-
127
74
-
128
.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
de
-
15
clared
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
16
such
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
rea
-
17
son,
such
declaration
shall
not
affect
the
validity
of
remaining
portions
of
18
this
act.
19
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
20
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
21
July
1,
2026.
22