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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
744
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
BIOMETRIC
IDENTIFIERS;
AMENDING
TITLE
48,
IDAHO
CODE,
BY
THE
2
ADDITION
OF
A
NEW
CHAPTER
21,
TITLE
48,
IDAHO
CODE,
TO
ESTABLISH
PRO
-
3
VISIONS
REGARDING
THE
CAPTURE
OR
USE
OF
BIOMETRIC
IDENTIFIERS;
AND
4
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Title
48,
Idaho
Code,
be,
and
the
same
is
hereby
amended
7
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
8
ter
21,
Title
48,
Idaho
Code,
and
to
read
as
follows:
9
CHAPTER
21
10
CAPTURE
OR
USE
OF
BIOMETRIC
IDENTIFIERS
1
1
48
-
2101.
CAPTURE
OR
USE
OF
BIOMETRIC
IDENTIFIERS.
(1)
As
used
in
this
12
section:
13
(a)
"Artificial
intelligence"
means
any
machine
-
based
system
that,
for
14
any
explicit
or
implicit
objective,
infers
from
the
inputs
the
system
15
receives
how
to
generate
outputs,
including
content,
decisions,
pre
-
16
dictions,
or
recommendations,
that
can
influence
physical
or
virtual
17
environments.
18
(b)
"Biometric
identifier"
means
a
retina
or
iris
scan,
fingerprint,
19
voiceprint,
or
record
of
hand
or
face
geometry.
20
(2)(a)
A
person
may
not
capture
a
biometric
identifier
of
an
individual
21
for
a
commercial
purpose
unless
the
person:
22
(i)
Informs
the
individual
before
capturing
the
biometric
iden
-
23
tifier;
and
24
(ii)
Receives
the
individual's
consent
to
capture
the
biometric
25
identifier.
26
(b)
For
the
purposes
of
this
subsection,
an
individual
has
not
been
in
-
27
formed
of
and
has
not
provided
consent
for
the
capture
or
storage
of
a
28
biometric
identifier
for
a
commercial
purpose
based
solely
on
the
ex
-
29
istence
of
an
image
or
other
media
containing
one
(1)
or
more
biometric
30
identifiers
of
the
individual
on
the
internet
or
other
publicly
avail
-
31
able
source
unless
the
image
or
other
media
was
made
publicly
available
32
by
the
individual
to
whom
the
biometric
identifiers
relate.
33
(3)
Persons
or
entities
possessing
a
biometric
identifier
of
an
indi
-
34
vidual
that
is
captured
for
a
commercial
purpose:
35
(a)
May
not
sell,
lease,
or
otherwise
disclose
the
biometric
identifier
36
to
another
person
unless:
37
(i)
The
individual
consents
to
the
disclosure
for
identification
38
purposes
in
the
event
of
the
individual's
disappearance
or
death;
39
(ii)
The
disclosure
completes
a
financial
transaction
that
the
40
individual
requested
or
authorized;
41
2
(iii)
The
disclosure
is
required
or
permitted
by
state
or
federal
1
law;
or
2
(iv)
The
disclosure
is
made
by
or
to
a
law
enforcement
agency
for
a
3
law
enforcement
purpose
in
response
to
a
warrant;
4
(b)
Shall
store,
transmit,
and
protect
from
disclosure
the
biometric
5
identifier
using
reasonable
care
and
in
a
manner
that
is
the
same
as
or
6
more
protective
than
the
manner
in
which
the
person
stores,
transmits,
7
and
protects
any
other
confidential
information
the
person
possesses;
8
(c)
Shall
destroy
the
biometric
identifier
within
a
reasonable
time,
9
but
no
later
than
the
first
anniversary
of
the
date
the
purpose
for
col
-
10
lecting
the
identifier
expires,
except
as
provided
by
subsection
(4)
of
1
1
this
section;
and
12
(d)
Shall
provide
a
method
for
an
individual
to
revoke
consent
to
the
13
storage
and
transmission
of
a
biometric
identifier
at
any
time
and
shall
14
immediately
destroy
the
biometric
identifier
upon
receiving
a
revoca
-
15
tion
of
consent
unless
maintaining
the
biometric
identifier
is
required
16
by
another
law.
17
(4)
If
a
biometric
identifier
captured
for
a
commercial
purpose
is
used
18
in
connection
with
an
instrument
or
document
that
is
required
by
another
law
19
to
be
maintained
for
a
period
longer
than
the
period
prescribed
by
subsec
-
20
tion
(3)(c)
of
this
section,
the
person
who
possesses
the
biometric
identi
-
21
fier
shall
destroy
the
biometric
identifier
within
a
reasonable
time,
but
no
22
later
than
the
first
anniversary
of
the
date
the
instrument
or
document
is
no
23
longer
required
to
be
maintained
by
law.
24
(5)
If
a
biometric
identifier
captured
for
a
commercial
purpose
has
25
been
collected
for
security
purposes
by
an
employer,
the
purpose
for
col
-
26
lecting
the
identifier
pursuant
to
subsection
(3)(c)
of
this
section
is
27
presumed
to
expire
on
termination
of
the
employment
relationship.
28
(6)
A
person
who
violates
the
provisions
of
this
section
is
subject
to
29
a
civil
penalty
of
not
to
exceed
twenty
-
five
thousand
dollars
($25,000)
for
30
each
violation.
The
attorney
general
may
bring
an
action
to
recover
civil
31
penalties
pursuant
to
this
subsection.
32
(7)
The
provisions
of
this
section
do
not
apply
to:
33
(a)
Voiceprint
data
retained
by
a
financial
institution
or
an
affili
-
34
ate
of
a
financial
institution,
as
those
terms
are
defined
by
15
U.S.C.
35
6809;
36
(b)
The
processing
or
storage
of
biometric
identifiers
involved
in
37
the
developing,
training,
evaluating,
disseminating,
or
otherwise
of
-
38
fering
of
artificial
intelligence
models
or
systems,
unless
a
system
39
is
used
or
deployed
for
the
purpose
of
uniquely
identifying
a
specific
40
individual;
or
41
(c)
The
development
or
deployment
of
an
artificial
intelligence
model
42
or
system
for
the
purposes
of:
43
(i)
Preventing,
detecting,
protecting
against,
or
responding
to
44
security
incidents,
identity
theft,
fraud,
harassment,
malicious
45
or
deceptive
activities,
or
any
other
illegal
activity;
46
(ii)
Preserving
the
integrity
or
security
of
a
system;
or
47
(iii)
Investigating,
reporting,
or
prosecuting
a
person
responsi
-
48
ble
for
a
security
incident,
identity
theft,
fraud,
harassment,
a
49
malicious
or
deceptive
activity,
or
any
other
illegal
activity.
50
3
(8)
If
a
biometric
identifier
captured
for
the
purpose
of
training
an
1
artificial
intelligence
system
is
subsequently
used
for
a
commercial
pur
-
2
pose
not
described
by
subsection
(7)
of
this
section,
the
person
possessing
3
the
biometric
identifier
is
subject
to:
4
(a)
The
provisions
of
this
section
regarding
the
possession
and
de
-
5
struction
of
a
biometric
identifier;
and
6
(b)
The
penalties
associated
with
a
violation
of
this
section.
7
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
8
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
9
July
1,
2026.
10