Bill > S1299

This bill establishes limitations on the use of digital identification, which is defined as an electronic credential stored on a personal device to prove identity, age, or legal status, issued by a public entity, meaning the state of Idaho or its agencies, departments, or contractors. It explicitly prohibits public entities from requiring anyone to obtain, use, or present digital identification, and from denying services, benefits, or access based on a person's refusal or inability to use it, ensuring that traditional, non-digital identification remains valid for all government purposes. Furthermore, the bill prevents public entities from demanding a person surrender or unlock their personal electronic device for identity verification, and states that presenting digital identification does not grant consent to search the device's contents. Digital identification can only be used for immediate identity verification, and public entities are forbidden from tracking individuals, retaining identity data beyond a transaction, or using digital identification as a universal credential across different agencies. The Attorney General is empowered to enforce these provisions, with a 15-day notice period for public entities to correct violations before legal action can be taken, and individuals affected by violations can seek court relief, with prevailing plaintiffs eligible for attorney fees and costs, while public employees are protected from personal liability for actions within their scope of employment.

Government Affairs, Justice

State Affairs Committee (Senate)

https://legislature.idaho.gov/sessioninfo/2026/legislation/S1299/