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.
704
BY
BUSINESS
COMMITTEE
AN
ACT
1
RELATING
TO
UNAUTHORIZED
WORKERS;
AMENDING
TITLE
44,
IDAHO
CODE,
BY
THE
AD
-
2
DITION
OF
A
NEW
CHAPTER
3,
TITLE
44,
IDAHO
CODE,
TO
DEFINE
TERMS,
TO
PRO
-
3
HIBIT
THE
EMPLOYMENT
OF
CERTAIN
PERSONS
AND
TO
REQUIRE
THE
VERIFICATION
4
OF
LEGAL
EMPLOYMENT
STATUS
OF
WORKERS,
TO
PROVIDE
FOR
ACTIONS
BY
THE
AT
-
5
TORNEY
GENERAL,
TO
PROVIDE
FOR
VIOLATIONS,
TO
PROVIDE
FOR
DEFENSES,
TO
6
PROVIDE
FOR
EXCLUSIONS
FROM
LIABILITY,
AND
TO
PROVIDE
FOR
INTERPRETA
-
7
TION;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Title
44,
Idaho
Code,
be,
and
the
same
is
hereby
amended
10
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
1
1
ter
3,
Title
44,
Idaho
Code,
and
to
read
as
follows:
12
CHAPTER
3
13
VERIFYING
LEGAL
EMPLOYMENT
STATUS
OF
WORKERS
14
44
-
301.
DEFINITIONS.
As
used
in
this
chapter:
15
(1)
"Alien"
means
any
person
who
is
not
a
citizen
or
national
of
the
16
United
States
as
described
in
8
U.S.C.
1101
et
seq.
17
(2)
"Director"
means
the
director
of
the
Idaho
department
of
labor
or
18
the
director's
designated
agent.
19
(3)
"E
-
verify"
or
"e
-
verify
program"
means
the
electronic
verifica
-
20
tion
of
federal
employment
authorization
program
of
the
illegal
immigration
21
reform
and
immigrant
responsibility
act,
8
U.S.C.
1324a,
operated
by
the
22
United
States
department
of
homeland
security.
23
(4)
"Employee"
means
any
person
directed,
allowed,
or
permitted
to
per
-
24
form
labor
or
service
of
any
kind
by
an
employer.
For
the
purposes
of
this
25
chapter,
the
employees
of
an
independent
contractor
working
for
a
business
26
entity
shall
not
be
regarded
as
the
employees
of
the
business
entity.
27
(5)
"Employer"
means
any
individual,
person,
corporation,
depart
-
28
ment,
board,
bureau,
agency,
commission,
division,
office,
company,
firm,
29
partnership,
council,
or
committee
of
the
state
government,
public
benefit
30
corporation,
public
authority,
political
subdivision
of
the
state,
or
other
31
business
entity
that
employs
or
seeks
to
employ
an
individual
or
individuals
32
and
that
registers
with
the
secretary
of
state.
33
(6)
"Federal
work
authorization
program"
means
any
of
the
electronic
34
verification
of
work
authorization
programs
operated
by
the
United
States
35
department
of
homeland
security
or
an
equivalent
federal
work
authorization
36
program
operated
by
the
United
States
department
of
homeland
security
to
37
verify
information
of
newly
hired
employees
under
8
U.S.C.
1324a.
38
(7)
"Knowingly"
means,
with
respect
to
conduct
or
to
a
circumstance
de
-
39
scribed
by
a
statute
defining
an
offense,
that
a
person
is
aware
by
docu
-
40
mentation
or
action
that
the
person's
conduct
is
of
that
nature
or
that
the
41
2
circumstance
exists.
"Knowingly"
includes
the
failure
to
request
or
review
1
documentation
of
an
employee's
legal
status
or
authorization
to
work.
2
(8)
"Lawful
presence"
or
"lawfully
present"
means
a
person
shall
be
re
-
3
garded
as
an
alien
unlawfully
present
in
the
United
States
only
if
the
per
-
4
son's
unlawful
immigration
status
has
been
verified
by
the
federal
govern
-
5
ment
pursuant
to
8
U.S.C.
1373(c).
No
officer
of
this
state
or
any
political
6
subdivision
of
this
state
shall
attempt
to
independently
make
a
final
deter
-
7
mination
of
an
alien's
immigration
status.
An
alien
possessing
self
-
identi
-
8
fication
in
any
of
the
following
forms
is
entitled
to
the
presumption
that
he
9
is
an
alien
lawfully
present
in
the
United
States:
10
(a)
A
valid,
unexpired
Idaho
driver's
license;
1
1
(b)
A
valid,
unexpired
Idaho
identification
card
issued
pursuant
to
the
12
provisions
of
section
49
-
2442,
Idaho
Code;
13
(c)
A
valid
tribal
enrollment
card
or
other
form
of
tribal
identifica
-
14
tion
bearing
a
photograph
or
other
biometric
identifier;
15
(d)
Any
valid
United
States
federal
or
state
government
-
issued
identi
-
16
fication
document
bearing
a
photograph
or
other
biometric
identifier,
17
if
issued
by
an
entity
that
requires
proof
of
lawful
presence
in
the
18
United
States
before
issuance;
19
(e)
A
foreign
passport
with
an
unexpired
United
States
visa
and
a
corre
-
20
sponding
stamp
or
notation
by
the
United
States
department
of
homeland
21
security
indicating
the
bearer's
admission
to
the
United
States;
or
22
(f)
A
foreign
passport
issued
by
a
visa
waiver
program
designated
coun
-
23
try
with
the
corresponding
entry
stamp
and
unexpired
duration
of
stay
24
annotation
or
an
I
-
94W
form
by
the
United
States
department
of
homeland
25
security
indicating
the
bearer's
admission
to
the
United
States.
26
(9)
"License"
means
any
permit,
certificate,
approval,
registration,
27
charter,
or
similar
form
of
authorization
that
is
required
by
law
and
that
is
28
issued
for
the
purpose
of
operating
a
business
in
this
state.
29
(10)
"Unauthorized
worker"
means
a
person
who
does
not
have
the
legal
30
right
to
be
employed
or
is
employed
in
violation
of
law
or
an
alien
who
is
not
31
authorized
to
work
in
the
United
States
as
defined
in
8
U.S.C.
1324a(h)(3).
32
44
-
302.
UNAUTHORIZED
WORKERS
OR
ALIENS
-
-
EMPLOYMENT
PROHIBITED.
(1)
33
It
is
unlawful
for
any
employer
to
knowingly
employ,
hire,
recruit,
or
re
-
34
fer,
either
for
the
employer
itself
or
on
behalf
of
another,
for
private
or
35
public
employment
within
the
state
an
unauthorized
worker
who
is
not
duly
au
-
36
thorized
to
be
employed
by
law.
No
business
entity,
employer,
or
public
em
-
37
ployer
may
knowingly
employ,
hire
for
employment,
or
continue
to
employ
an
38
unauthorized
alien
to
perform
work
within
the
state
of
Idaho.
"Knowingly
39
employ,
hire
for
employment,
or
continue
to
employ
an
unauthorized
alien"
40
means
the
actions
described
in
8
U.S.C.
1324a.
41
(2)
Employers
are
required
to
verify
an
employee's
legal
status
and
au
-
42
thorization
to
work
after
employing
the
individual
within
the
first
three
43
(3)
days
after
the
employee's
first
day
of
work
for
pay
has
elapsed
or
by
no
44
later
than
the
first
day
of
work
for
pay
if
the
employee
will
work
for
fewer
45
than
three
(3)
days.
46
(3)
For
the
purpose
of
this
chapter,
proof
of
legal
status
or
authoriza
-
47
tion
to
work
includes
but
is
not
limited
to
a
valid
social
security
card,
a
48
valid
immigration
or
nonimmigration
visa
with
photo
identification,
a
valid
49
3
birth
certificate,
a
valid
passport,
a
valid
photo
identification
card
is
-
1
sued
by
a
government
agency,
a
valid
work
permit
or
supervision
permit
autho
-
2
rized
by
the
Idaho
department
of
labor,
a
valid
permit
issued
by
the
United
3
States
department
of
justice,
or
another
valid
document
providing
evidence
4
of
legal
residence
or
authorization
to
work
in
the
United
States.
5
(4)
For
the
purpose
of
enforcing
the
provisions
of
this
chapter
and
6
notwithstanding
any
other
provision
of
law
to
the
contrary,
the
director
may
7
access
information
maintained
by
any
state
agency,
including
but
not
limited
8
to
the
Idaho
department
of
labor
and
the
Idaho
state
department
of
trans
-
9
portation,
for
the
limited
purpose
of
confirming
the
validity
of
a
worker's
10
legal
status
or
authorization
to
work.
The
director
shall
promulgate
rules,
1
1
subject
to
legislative
approval,
in
accordance
with
chapter
52,
title
67,
12
Idaho
Code,
to
safeguard
against
the
release
of
any
confidential
or
identi
-
13
fying
information
that
is
not
necessary
for
the
limited
purpose
of
enforcing
14
the
provisions
of
this
chapter.
15
(5)
On
and
after
July
1,
2026,
every
business
entity
and
employer
in
16
this
state
shall
enroll
in
the
e
-
verify
program
and
shall
thereafter,
ac
-
17
cording
to
the
federal
statutes
and
regulations
governing
e
-
verify,
verify
18
the
employment
eligibility
of
new
hires
through
e
-
verify.
A
business
en
-
19
tity
or
employer
that
uses
e
-
verify
to
verify
the
work
authorization
of
an
20
employee
shall
not
be
considered
to
have
violated
this
section
with
respect
21
to
the
employment
of
that
employee.
22
(6)
As
a
condition
for
the
award
of
any
contract,
grant,
or
incentive
23
by
this
state,
any
political
subdivision
of
the
state,
or
any
state
-
funded
24
entity
to
a
business
entity
or
employer
that
employs
one
(1)
or
more
employ
-
25
ees,
the
business
entity
or
employer
shall
provide
documentation
establish
-
26
ing
that
the
business
entity
or
employer
is
enrolled
in
the
e
-
verify
program.
27
A
subcontractor
shall
enroll
in
the
e
-
verify
program
prior
to
performing
any
28
work
on
the
project
and
shall
verify
every
employee
that
is
required
to
be
29
verified
according
to
the
applicable
federal
rules
and
regulations.
During
30
the
performance
of
the
contract,
the
business
entity
or
employer
shall
con
-
31
tinue
to
participate
in
the
e
-
verify
program
and
shall
verify
every
employee
32
that
is
required
to
be
verified
according
to
the
applicable
federal
rules
33
and
regulations.
No
subcontractor
on
a
project
paid
for
by
contract,
grant,
34
or
incentive
by
this
state,
any
political
subdivision
of
the
state,
or
any
35
state
-
funded
entity
may
knowingly
employ,
hire
for
employment,
or
continue
36
to
employ
an
unauthorized
alien.
37
(7)
An
employer
may
not
avoid
liability
under
this
section
by
contract
-
38
ing,
subcontracting,
or
otherwise
arranging
for
labor
to
be
performed
if
the
39
employer
knows
or
reasonably
should
know
that
unauthorized
workers
are
being
40
used
to
perform
work
that
benefits
such
employer.
41
(8)
Compliance
with
this
section
may
be
verified
by
state
authorities
42
or
law
enforcement
at
any
time
to
ensure
a
contractual
agreement
as
provided
43
for
in
this
section
is
being
met.
44
44
-
303.
ACTIONS
BY
ATTORNEY
GENERAL.
(1)
The
attorney
general
may
45
bring
a
civil
complaint
in
any
court
of
competent
jurisdiction
to
enforce
the
46
requirements
of
this
chapter.
47
(2)
Any
resident
of
this
state
may
petition
the
attorney
general
to
48
bring
an
enforcement
action
against
a
specific
business
entity
or
employer
49
4
by
means
of
a
written,
signed
petition.
A
valid
petition
shall
include
an
1
allegation
that
describes
the
alleged
violator
or
violators,
as
well
as
2
the
action
constituting
the
violation,
and
the
date
and
location
where
the
3
violation
occurred.
A
petition
that
alleges
a
violation
on
the
basis
of
4
national
origin,
ethnicity,
or
race
shall
be
considered
invalid
and
may
not
5
be
acted
upon.
The
attorney
general
shall
respond
to
any
petition
under
6
this
subsection
within
sixty
(60)
days
of
receiving
the
petition,
either
by
7
filing
a
civil
complaint
in
a
court
of
competent
jurisdiction
or
by
inform
-
8
ing
the
petitioner
in
writing
that
the
attorney
general
has
determined
that
9
filing
a
civil
complaint
is
not
warranted.
10
44
-
304.
VIOLATIONS.
(1)
In
any
court
proceedings,
the
determination
1
1
of
whether
an
employee
is
an
unauthorized
alien
shall
be
made
by
the
fed
-
12
eral
government,
pursuant
to
8
U.S.C.
1373(c).
The
court
shall
consider
only
13
the
federal
government's
determination
when
deciding
whether
an
employee
is
14
an
unauthorized
alien.
The
court
may
take
judicial
notice
of
any
verifica
-
15
tion
of
an
individual's
immigration
status
previously
provided
by
the
fed
-
16
eral
government
and
may
request
the
federal
government
to
provide
further
17
automated
or
testimonial
verification.
18
(2)(a)
Upon
the
first
violation
of
section
44
-
302(6),
Idaho
Code,
by
19
any
business
entity
or
employer
awarded
a
contract
by
the
state,
any
20
political
subdivision
of
the
state,
or
any
state
-
funded
entity,
the
21
business
entity
or
employer
shall
be
considered
in
breach
of
contract
22
and
the
state,
political
subdivision,
or
state
-
funded
entity
may
ter
-
23
minate
the
contract
after
providing
notice
and
an
opportunity
to
be
24
heard.
Upon
application
by
the
state
entity,
political
subdivision,
25
or
state
-
funded
entity,
the
attorney
general
may
bring
an
action
to
26
suspend
the
business
licenses
and
permits
of
the
business
entity
or
27
employer
for
a
period
not
to
exceed
sixty
(60)
days,
according
to
the
28
procedures
described
in
this
section.
The
court
shall
order
the
busi
-
29
ness
entity
or
employer
to
file
a
signed,
sworn
affidavit
with
the
30
attorney
general
within
three
(3)
days
after
the
order
is
issued
by
the
31
court
stating
that
the
business
entity
or
employer
has
terminated
the
32
employment
of
every
unauthorized
alien
and
that
the
business
entity
or
33
employer
will
not
knowingly
or
intentionally
employ
an
unauthorized
34
alien
in
this
state.
35
(b)
Upon
a
second
or
subsequent
violation
of
section
44
-
302(6),
Idaho
36
Code,
by
any
business
entity
or
employer
awarded
a
contract
by
the
37
state,
any
political
subdivision,
or
any
state
-
funded
entity,
the
busi
-
38
ness
entity
or
employer
shall
be
considered
in
breach
of
contract
and
39
the
state,
political
subdivision,
or
state
-
funded
entity
shall
ter
-
40
minate
the
contract
after
providing
notice
and
an
opportunity
to
be
41
heard.
Upon
application
by
the
state
entity,
political
subdivision,
or
42
state
-
funded
entity,
the
attorney
general
may
bring
an
action
to
perma
-
43
nently
revoke
the
business
licenses
and
permits
of
the
business
entity
44
or
employer.
45
(3)(a)
Upon
the
first
violation
of
section
44
-
302(7),
Idaho
Code,
by
46
a
subcontractor,
the
state
or
political
subdivision
of
the
state
may
47
bar
the
subcontractor
from
doing
business
with
the
state,
any
politi
-
48
cal
subdivision
of
the
state,
or
any
state
-
funded
entity,
or
with
any
49
5
contractor
who
contracts
with
the
state,
any
political
subdivision
of
1
the
state,
or
any
state
-
funded
entity,
after
providing
notice
and
an
op
-
2
portunity
to
be
heard.
Upon
application
by
the
state
entity,
political
3
subdivision,
or
state
-
funded
entity,
the
attorney
general
may
bring
an
4
action
to
suspend
the
business
licenses
and
permits
of
the
subcontrac
-
5
tor
for
a
period
not
to
exceed
sixty
(60)
days.
The
court
shall
order
6
the
subcontractor
to
file
a
signed,
sworn
affidavit
with
the
attorney
7
general
within
three
(3)
days
after
the
order
is
issued
by
the
court
8
stating
that
the
subcontractor
has
terminated
the
employment
of
every
9
unauthorized
alien
and
that
the
subcontractor
will
not
knowingly
or
10
intentionally
employ
an
unauthorized
alien
in
this
state.
1
1
(b)
Upon
a
second
or
subsequent
violation
of
section
44
-
302(7),
Idaho
12
Code,
by
a
subcontractor
and
upon
application
by
the
state
entity,
po
-
13
litical
subdivision,
or
state
-
funded
entity,
the
attorney
general
may
14
bring
an
action
to
permanently
suspend
the
business
licenses
of
the
15
business
entity
or
employer.
16
(4)
Upon
a
finding
by
a
court
of
competent
jurisdiction
that
a
business
17
entity
or
employer
knowingly
violated
the
provisions
of
section
44
-
302(5),
18
Idaho
Code,
for
the
first
time,
the
court
shall:
19
(a)
Order
the
business
entity
or
employer
to
terminate
the
employment
20
of
every
unauthorized
alien;
21
(b)
Subject
the
business
entity
or
employer
to
a
three
(3)
year
proba
-
22
tionary
period
throughout
the
state.
During
the
probationary
period,
23
the
business
entity
or
employer
shall
file
quarterly
reports
with
the
24
attorney
general
of
each
new
employee
who
is
hired
by
the
business
en
-
25
tity
or
employer
in
the
state;
26
(c)
Order
the
business
entity
or
employer
to
file
a
signed,
sworn
af
-
27
fidavit
with
the
attorney
general
within
three
(3)
days
after
the
or
-
28
der
is
issued
by
the
court
stating
that
the
business
entity
or
employer
29
has
terminated
the
employment
of
every
unauthorized
alien
and
that
the
30
business
entity
or
employer
will
not
knowingly
or
intentionally
employ
31
an
unauthorized
alien
in
this
state;
and
32
(d)
Direct
the
applicable
state,
county,
or
municipal
governing
bodies
33
to
suspend
any
business
licenses
and
permits
of
the
business
entity
or
34
employer
for
a
period
not
to
exceed
ten
(10)
business
days
specific
to
35
the
business
location
where
the
unauthorized
alien
performed
work.
36
(5)
For
a
second
violation
of
section
44
-
302(5),
Idaho
Code,
by
a
37
business
entity
or
employer,
the
court
shall
direct
the
applicable
state,
38
county,
or
municipal
governing
body
to
permanently
revoke
any
business
li
-
39
censes
and
permits
held
by
the
business
entity
or
employer
specific
to
the
40
business
location
where
the
unauthorized
alien
performed
work.
Upon
receipt
41
of
the
order
and
notwithstanding
any
other
law,
the
appropriate
agencies
42
shall
immediately
revoke
the
licenses
and
permits
held
by
the
business
en
-
43
tity
or
employer.
44
(6)
For
a
third
or
subsequent
violation
of
section
44
-
302(5),
Idaho
45
Code,
the
court
shall
direct
the
applicable
governing
bodies
to
permanently
46
suspend
any
business
licenses
and
permits
of
the
business
entity
or
employer
47
throughout
the
state.
48
(7)
The
suspension
of
a
business
license
or
permit
pursuant
to
subsec
-
49
tion
(2)(a),
(3)(a),
or
(4)(d)
of
this
section
shall
terminate
one
(1)
busi
-
50
6
ness
day
after
a
legal
representative
of
the
business
entity,
employer,
or
1
subcontractor
submits
to
the
court
a
signed,
sworn
affidavit
stating
that
2
the
business
entity,
employer,
or
subcontractor
is
in
compliance
with
the
3
provisions
of
this
chapter,
along
with
a
copy
of
the
memorandum
of
under
-
4
standing
issued
at
the
time
of
enrollment
in
the
e
-
verify
program.
5
(8)
If
an
employee
of
any
agency
of
the
state
or
any
political
subdi
-
6
vision
of
the
state
fails
to
suspend
the
business
licenses
or
permits
of
any
7
business
entity
or
employer
as
a
result
of
a
violation
of
this
chapter,
the
8
agency
shall
be
deemed
to
have
violated
section
44
-
302(1),
Idaho
Code,
and
9
may
be
compelled
to
enforce
this
chapter
by
a
writ
of
mandamus
brought
by
the
10
attorney
general
in
any
court
of
competent
jurisdiction.
1
1
(9)
The
secretary
of
state
shall
promulgate
rules,
subject
to
legisla
-
12
tive
approval,
in
accordance
with
chapter
52,
title
67,
Idaho
Code,
as
neces
-
13
sary
to
provide
for
the
suspension,
reinstatement,
and
cancellation
of
busi
-
14
ness
licenses
required
under
this
chapter.
15
44
-
305.
DEFENSES.
(1)
This
chapter
may
not
be
construed
to
deny
any
16
procedural
mechanisms
or
legal
defenses
included
in
the
e
-
verify
program
or
17
any
other
federal
work
authorization
program.
A
business
entity,
employer,
18
subcontractor,
or
other
person
that
establishes
that
it
has
complied
in
good
19
faith
with
section
44
-
302(5),
Idaho
Code,
establishes
an
affirmative
de
-
20
fense
that
the
business
entity,
employer,
or
subcontractor
did
not
knowingly
21
hire
or
employ
an
unauthorized
alien.
22
(2)
It
is
an
affirmative
defense
to
a
violation
of
section
44
-
302(1),
23
Idaho
Code,
that
a
business
entity
or
employer
was
entrapped.
To
claim
en
-
24
trapment,
the
business
entity
or
employer
must
admit
by
testimony
or
other
25
evidence
the
substantial
elements
of
the
violation.
A
business
entity
or
em
-
26
ployer
who
asserts
an
entrapment
defense
has
the
burden
of
proving
by
clear
27
and
convincing
evidence
the
following:
28
(a)
The
idea
of
committing
the
violation
started
with
law
enforcement
29
officers
or
their
agents
rather
than
with
the
business
entity
or
em
-
30
ployer;
31
(b)
The
law
enforcement
officers
or
their
agents
urged
and
induced
the
32
business
entity
or
employer
to
commit
the
violation;
and
33
(c)
The
business
entity
or
employer
was
not
already
predisposed
to
com
-
34
mit
the
violation
before
the
law
enforcement
officers
or
their
agents
35
urged
and
induced
the
employer
to
commit
the
violation.
36
44
-
306.
EXCLUSIONS
FROM
LIABILITY.
Any
business
entity
or
employer
37
that
terminates
the
employment
of
an
employee
to
comply
with
this
chapter
38
shall
not
be
liable
for
any
claims
made
against
the
business
entity
or
em
-
39
ployer
by
the
terminated
employee
if
such
termination
is
made
without
regard
40
to
the
race,
ethnicity,
or
national
origin
of
the
employee.
41
44
-
307.
INTERPRETATION.
The
provisions
of
this
chapter
shall
be
in
-
42
terpreted
consistently
with
8
U.S.C.
1324a
and
any
applicable
federal
rules
43
and
regulations.
44
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
45
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
46
July
1,
2026.
47