Capitol Reflections Week 8 - 2026

Dexton Lake recaps week 8 of the Idaho legislative session with a bills dealing with Idaho sovereignty and the Federal Government, property rights protections, governance of county fair boards, and how very large electricity users connect to the grid.

Transcript

Welcome to Capitol Reflections from the Idaho Farm Bureau Federation where we bring you the latest policy updates affecting Idaho Agriculture.

I’m Dexton Lake and it’s great to complete week eight of the session. 

House Bill 650 declares that under the Ninth and Tenth Amendments of the U.S. Constitution, powers not expressly granted to the federal government are reserved to the states. H650 further states that jurisdiction over matters arising within Idaho is presumed to reside with the state unless the federal government can clearly demonstrate that authority was specifically delegated in the Constitution.

The legislation also outlines areas where Idaho asserts primary jurisdiction, including public health and safety, education, water and natural resources, agriculture, energy, land use and zoning, and local economic regulation.

In essence, the bill places the legal burden on the federal government to prove it has clear constitutional authority when asserting power within the state.

H650 passed the House now moves to the Senate State Affairs Committee. IFBF supports H650.

Another bill receiving attention this week is Senate Bill 1326a, which focuses on property rights and government entry onto private land.

Both the U.S. Constitution and the Idaho Constitution prohibit government agents from entering private property without permission from the landowner or a warrant, except in very limited emergency circumstances recognized by courts. S1326a reinforces that principle and establishes penalties for government employees who violate it.

During the bill’s hearing in the Senate State Affairs Committee, several Idaho citizens testified about government employees entering their property without permission. Some traveled from communities like Ashton and Athol to share their experiences. Testimony included reports of damaged farm fields, antlers taken from private property, and government agents looking through windows at homes.

Only two organizations testified in opposition: Trout Unlimited and the Idaho Department of Fish and Game. Senate Pro Tem Kelly Anthon rebuked the opposition by the department. 

ANTHON QUOTE: “I don’t care if it cost 3 billion dollars to the state of Idaho if it’s going to cost my people their property rights, ok so let’s just start there. Now we’ve talked about crime, I’ve heard testimony today that we’ve had agents of the government go onto Idaho property owners on swipe elk racks. And the response from the government was, Golly, I’m sorry. We’ll give them back. But when somebody goes onto a private property and swipes a couple fish, by hell it’s something else. Boy, the government can run right onto private property owners and clobber them in the head. So there’s your perspective, right there.”

Following discussion, the committee unanimously sent the bill to the amending order to address minor concerns raised by the Idaho Association of Counties.

S1326a will now return to the Senate for consideration by the full body before moving to the House. The bill is sponsored by Representatives Judy Boyle and Joe Alfieri, along with Senators Mark Harris and Jim Guthrie. IFBF supports S1326a.

Representative Jerald Raymond also introduced House Bill 823 this week, which addresses governance of county fair boards.

The bill repeals an outdated provision in Idaho law that allows counties with populations over 200,000 to convert their county fair boards into advisory bodies instead of governing boards. That provision was originally created decades ago to address a specific situation that no longer exists. 

County fairs play an important role in Idaho’s agricultural communities. Fairgrounds host livestock shows, youth programs, agricultural events, and many other activities that support local economies.

H823 removes the outdated population trigger while preserving any actions already taken under the law before January 1, 2024. Supporters say the change provides clearer and more consistent governance for county fair boards across the state. Farm Bureau supports this update as a modernization of Idaho law.

Lawmakers are also considering two bills dealing with how very large electricity users connect to the grid.

House Bill 756, introduced by Representative Stephanie Mickelsen, would require the Idaho Public Utilities Commission to conduct a “no-harm test” before utilities can serve new electric loads of 20 megawatts or more. The goal is to ensure that existing customers do not see higher electricity rates as a result of serving large new users.

The bill also includes safeguards such as financial security requirements, potential exit fees if a large customer leaves the system, and periodic reviews to ensure the original analysis remains accurate.

A second bill, Senate Bill 1368, sponsored by Senator Jim Guthrie, takes a slightly different approach. Rather than creating a new framework, it codifies the regulatory process the Public Utilities Commission already uses when reviewing large load service agreements. The bill applies to new electric loads of 30 megawatts or more and requires utilities to show that new customers are responsible for paying for the generation, transmission, and distribution infrastructure needed to serve them.

As Idaho continues to attract energy-intensive development, both proposals reflect the same goal: ensuring that new large electricity users pay their fair share and that existing ratepayers are protected from higher costs. Farm Bureau will continue monitoring both bills and any other that may emerge relating to this topic as the session progresses.

Finally, for updates on last week’s checking traps by transmitting game camera bill as well as amendments made to IFBF’s slow moving vehicle legislation, be sure to read the full Capitol Reflections newsletter. 

As always, be sure you subscribe to Capitol Reflections on Spotify, Apple Podcasts, or wherever you listen to podcasts.

You can learn more, become engaged, and advocate for Idaho agriculture policy by visiting idahofb.org.

This has been Capitol Reflections with the Idaho Farm Bureau Federation, the Voice of Idaho Agriculture.