STATE GOVERNMENT AND STATE AFFAIRS – Adds to existing law to provide for state sovereignty, jurisdictional presumption, and a limitation on federal power.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
650
BY
RESOURCES
AND
CONSERVATION
COMMITTEE
AN
ACT
1
RELATING
TO
STATE
GOVERNMENT
AND
STATE
AFFAIRS;
AMENDING
CHAPTER
23,
TITLE
2
67,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
67
-
2364,
IDAHO
CODE,
3
TO
PROVIDE
FOR
STATE
SOVEREIGNTY
AND
A
JURISDICTIONAL
PRESUMPTION;
PRO
-
4
VIDING
SEVERABILITY;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFEC
-
5
TIVE
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Chapter
23,
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
-
2364,
Idaho
Code,
and
to
read
as
follows:
10
67
-
2364.
STATE
SOVEREIGNTY
AND
JURISDICTIONAL
PRESUMPTION
-
-
LIMITA
-
1
1
TIONS
ON
FEDERAL
POWER.
(1)
The
legislature
finds
and
declares
that:
12
(a)
Under
the
ninth
and
tenth
amendments
to
the
constitution
of
the
13
United
States
and
section
1,
article
I
of
the
constitution
of
the
state
14
of
Idaho,
all
powers
not
delegated
to
the
federal
government
are
re
-
15
served
to
the
states
respectively
or
to
the
people;
16
(b)
The
state
of
Idaho
asserts
its
sovereignty
and
reserves
all
powers
17
not
expressly
granted
to
the
federal
government
by
the
constitution
of
18
the
United
States;
and
19
(c)
The
proper
balance
of
authority
between
the
state
of
Idaho
and
the
20
federal
government
is
essential
to
protecting
the
liberties
of
the
peo
-
21
ple
of
Idaho.
22
(2)
It
is
the
policy
of
the
state
of
Idaho
that
jurisdiction
over
all
23
matters
arising
within
the
state
shall
be
presumed
to
reside
with
the
state
24
unless
the
federal
government
demonstrates
that
the
constitution
of
the
25
United
States
expressly
and
specifically
delegates
such
jurisdiction
to
the
26
federal
government.
Such
presumption
may
be
rebutted
only
by
a
clear
showing
27
that
the
federal
government's
exercise
of
jurisdiction
is
authorized
pur
-
28
suant
to
the
text
of
the
constitution
of
the
United
States.
29
(3)
Areas
in
which
the
state
has
primary
and
inherent
police
power
ju
-
30
risdiction
shall
include
but
are
not
limited
to:
31
(a)
Public
health
and
safety;
32
(b)
Education;
33
(c)
Water
and
natural
resources,
excluding
federal
reserve
water
34
rights;
35
(d)
Agriculture;
36
(e)
Energy;
37
(f)
Land
use
and
zoning;
and
38
(g)
Local
economic
regulation.
39
(4)
The
federal
government
is
a
government
of
limited
and
enumerated
40
powers.
Any
assertion
of
authority
based
on
implied,
incidental,
or
ancil
-
41

2
lary
powers
shall
be
narrowly
construed
and
shall
not
overcome
the
presump
-
1
tion
of
state
jurisdiction
established
in
subsection
(2)
of
this
section.
2
(5)
In
any
conflict
between
the
state
and
federal
government
regard
-
3
ing
jurisdiction,
the
state
of
Idaho
shall
assert
its
rights
in
coordina
-
4
tion
with
the
office
of
the
attorney
general,
the
governor,
and
the
legisla
-
5
ture.
The
burden
shall
be
on
the
federal
government
to
establish
the
consti
-
6
tutional
basis
for
any
asserted
jurisdiction.
7
SECTION
2.
SEVERABILITY.
The
provisions
of
this
act
are
hereby
declared
8
to
be
severable
and
if
any
provision
of
this
act
or
the
application
of
such
9
provision
to
any
person
or
circumstance
is
declared
invalid
for
any
reason,
10
such
declaration
shall
not
affect
the
validity
of
the
remaining
portions
of
1
1
this
act.
12
SECTION
3.
An
emergency
existing
therefor,
which
emergency
is
hereby
13
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
14
July
1,
2026.
15