COMMISSION ON HUMAN RIGHTS – Adds to existing law to provide for uniformity in local government antidiscrimination ordinances.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
557
BY
LOCAL
GOVERNMENT
COMMITTEE
AN
ACT
1
RELATING
TO
THE
COMMISSION
ON
HUMAN
RIGHTS;
AMENDING
CHAPTER
59,
TITLE
67,
2
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
67
-
5913,
IDAHO
CODE,
TO
PRO
-
3
VIDE
FOR
UNIFORMITY
IN
LOCAL
GOVERNMENT
ANTIDISCRIMINATION
ORDINANCES;
4
PROVIDING
SEVERABILITY;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EF
-
5
FECTIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Chapter
59,
Title
67,
Idaho
Code,
be,
and
the
same
is
8
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
9
ignated
as
Section
67
-
5913,
Idaho
Code,
and
to
read
as
follows:
10
67
-
5913.
UNIFORMITY
IN
LOCAL
GOVERNMENT
ANTIDISCRIMINATION
ORDI
-
1
1
NANCES.
(1)
The
legislature
finds
and
determines
that:
12
(a)
Local
governments
and
political
subdivisions
of
the
state
maintain
13
their
authority
at
the
pleasure
of
the
state,
and
the
state
may
restrict
14
the
scope
of
power
wielded
by
local
governments
and
preempt
the
ordi
-
15
nances
and
policies
promulgated
by
local
governments;
16
(b)
Through
their
local
ordinances
and
policies,
many
municipal
cor
-
17
porations
and
subdivisions
in
the
state
of
Idaho
have
expanded
antidis
-
18
crimination
regulations
beyond
those
adopted
by
the
Idaho
legislature;
19
(c)
Market
entry
and
economic
growth
are
hindered
by
an
incongruous
20
patchwork
of
antidiscrimination
ordinances.
Consistent
and
uniform
21
requirements
offer
stability
to
businesses,
organizations,
and
employ
-
22
ers
that
results
in
increased
economic
activity
and
market
expansion;
23
(d)
Local
government
antidiscrimination
ordinances
are
frequently
24
weaponized
to
coerce
persons
engaged
in
business
to
choose
either
to
vi
-
25
olate
their
sincerely
held
moral,
philosophical,
and
religious
beliefs
26
or
to
leave
the
market
altogether;
and
27
(e)
The
Idaho
legislature
has
a
legitimate
governmental
interest
in
28
providing
consistent
and
uniform
antidiscrimination
regulations
in
29
every
community
across
the
state
by
preempting
local
government
an
-
30
tidiscrimination
policies
that
modify,
supplement,
or
expand
on
state
31
antidiscrimination
law.
32
(2)
A
local
governmental
entity
shall
not
promulgate
or
enforce
any
or
-
33
dinance,
resolution,
policy,
regulation,
or
decree
that
implements
any
an
-
34
tidiscrimination
practice,
standard,
definition,
or
provision
pertaining
35
to
employment,
housing,
educational
institutions,
or
public
accommodations
36
that
modifies,
supplements,
or
expands
on:
37
(a)
The
provisions
of
this
chapter;
or
38
(b)
Other
discriminatory
practices
recognized
by
state
law,
provided
39
that
the
local
governmental
entity
may
prohibit
such
discrimination
40
only
to
the
extent
recognized
by
the
state.
41

2
(3)
Nothing
in
this
section
shall
be
construed
to
require
any
local
gov
-
1
ernmental
entity
to
violate
any
applicable
provisions
of
state
or
federal
2
law.
3
(4)
The
provisions
of
this
section
preempt
any
ordinance,
resolution,
4
policy,
regulation,
or
decree
enacted
or
adopted
by
any
local
governmental
5
entity
within
the
state
in
violation
of
subsection
(2)
of
this
section,
in
-
6
cluding
any
such
ordinance,
resolution,
policy,
regulation,
or
decree
en
-
7
acted
or
adopted
prior
to
the
effective
date
of
this
section.
8
(5)
The
attorney
general
shall
have
a
cause
of
action
to
seek
injunc
-
9
tive
relief
against
any
local
governmental
entity
that
has
violated
the
re
-
10
quirements
of
this
section.
A
cause
of
action
pursuant
to
this
subsection
1
1
shall
seek
injunctive
relief
that
is
sufficient
to
prevent
the
defendant
lo
-
12
cal
governmental
entity
from
violating
the
requirements
of
this
section.
13
(6)(a)
Any
person
who
is
engaged
in
business
or
who
owns
real
property
14
within
the
limits
of
a
local
governmental
entity
may
bring
a
civil
ac
-
15
tion
against
such
local
governmental
entity
if
such
local
governmental
16
entity
fails
to
comply
with
this
section.
17
(b)
A
plaintiff
who
prevails
in
an
action
brought
under
this
subsection
18
shall
be
entitled
to:
19
(i)
Obtain
declaratory
and
equitable
relief
sufficient
to
bring
20
the
local
governmental
entity
into
compliance
with
the
require
-
21
ments
of
this
section;
22
(ii)
Recover
damages
from
the
local
governmental
entity;
and
23
(iii)
Recover
reasonable
attorney's
fees
and
costs
from
the
local
24
governmental
entity.
25
(7)
For
the
purposes
of
this
section,
"local
governmental
entity"
means
26
any
city,
county,
municipality,
or
other
political
subdivision
or
adminis
-
27
trative
unit
of
the
state
or
of
a
city,
county,
or
municipality.
28
SECTION
2.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
29
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
30
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
31
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
32
this
act.
33
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
34
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
35
July
1,
2026.
36