This bill amends Chapter 23, Title 67 of the Idaho Code by adding a new section, 67-2364, which asserts the state's sovereignty and establishes a presumption of jurisdiction in favor of the state over matters arising within its borders. The legislation emphasizes that all powers not explicitly granted to the federal government are reserved for the states or the people, in accordance with the Ninth and Tenth Amendments of the U.S. Constitution. It outlines that jurisdiction over state matters is presumed to reside with Idaho unless the federal government can clearly demonstrate constitutional authority for its jurisdiction.
Additionally, the bill specifies areas where the state holds primary jurisdiction, including public health, education, natural resources, agriculture, energy, land use, and local economic regulation. It also states that any federal authority based on implied powers should be narrowly interpreted and does not override the presumption of state jurisdiction. In cases of jurisdictional conflict, the state will coordinate with the attorney general, governor, and legislature to assert its rights, placing the burden on the federal government to justify its jurisdiction. The bill includes a severability clause and declares an emergency, making it effective from July 1, 2026.