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Enacted

Idaho Enacts S1391 to Clarify Government Entry and Investigation Exceptions on Private Property

Original title: PROPERTY – Amends Senate Bill No. 1326 to provide for scope and applicability.

Last action · April 2, 2026: Signed by Governor on 04/02/26 Session Law Chapter 278 Effective: 04/02/2026

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Does

Idaho Senate Bill 1391 amends property protection standards to explicitly allow government agents, water officials, and district employees to enter private land for lawful investigations, , welfare checks, water management, weed control, and statutory duties. The law takes effect immediately upon passage and approval on April 2, 2026.

Why it matters

Property owners and local agencies must operate under defined statutory exceptions that preserve established government entry rights for water management, weed control, and emergency response.

Background
  • Senate Bill 1391 serves as a trailer bill modifying property rights protections established during the same legislative session under Senate Bill 1326. context

Who It Affects

Groups the bill's text affects, as described in the record. Being affected is not a position for or against it.

Directly affected

Property owners

Property owners are subject to specified statutory exceptions allowing government agents and district officials to enter private land.

Directly affected

Department of Water Resources

Agency officials and watermasters retain their authority to make reasonable entry upon lands to carry out duties imposed by law.

Key Facts

  • Government agents retain the right to conduct lawful investigations from public vantage points or enter private land during exigent circumstances.
  • Agents may enter private land only to the extent necessary to serve civil process or conduct welfare checks.
  • The law explicitly states it does not interfere with the use or administration of water rights under Idaho law.
  • The Department of Water Resources and designated watermasters maintain the right of reasonable entry to carry out statutory duties.
Show all 9 facts
  • Rights-of-way and easements for ditches, canals, laterals, drains, and other conduits remain unaffected.
  • Lawful aerial observation under Section 21-213, Idaho Code, is not limited.
  • Entry to control noxious weeds under Section 22-2406, Idaho Code, is preserved.
  • Abatement district employees retain authorized entry rights under Section 39-2804, Idaho Code.
  • The act declares an emergency, making it effective immediately upon passage and approval.

Frequently Asked Questions

Does this bill prevent government agents from entering private land for welfare checks?
No. The law explicitly allows government agents to enter private land to the extent necessary to serve or conduct welfare checks.
When does this law take effect?
The act took effect immediately upon passage and approval on April 2, 2026, due to an emergency clause.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

Current status: Signed into law.

Procedural history

16 actions
  1. Apr 2, 2026Enrolled
    Signed by Governor on 04/02/26 Session Law Chapter 278 Effective: 04/02/2026
  2. Apr 1, 2026
    Reported delivered to Governor at 1:24 p.m. on 04/01/26
  3. Apr 1, 2026
    Reported signed by the Speaker & ordered delivered to Governor
  4. Apr 1, 2026
    Received from Senate; Signed by Speaker; Returned to Senate
  5. Mar 31, 2026
    Reported enrolled; signed by President; to House for signature of Speaker
  6. Mar 31, 2026Committee
    Returned From House Passed; referred to enrolling
Show 10 earlier actions
  1. Mar 30, 2026Floor
    Rules Suspended: Ayes 66 Nays 0 Abs/Excd 4, read in full as required – PASSED - 66-0-4 AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon(Cannon), Cayler, Cheatum, Church, Cornilles, Crane(12), Crane(13), Dygert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Galaviz, Gannon, Garner, Green, Hall(Stone), Handy, Harris, Hawkins, Healey, Hill(Brown), Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Rubel, Sauter, Scott, Shepherd, Shirts(Batt), Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. Speaker NAYS – None Absent – Egbert, Haws, McCann, Palmer Floor Sponsor - Boyle Title apvd - to Senate
  2. Mar 30, 2026
    Read second time; Filed for Third Reading
  3. Mar 27, 2026
    Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
  4. Mar 23, 2026Introduced
    Read First Time, Referred to State Affairs
  5. Mar 23, 2026
    Received from the Senate, Filed for First Reading
  6. Mar 20, 2026Floor
    Read third time in full – PASSED - 34-1-0 AYES – Adams, Anthon, Bernt, Bjerke(Bjerke), Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Semmelroth, Shippy, Taylor, Toews, VanOrden, Ward-Engelking, Wintrow, Woodward, Zito, Zuiderveld NAYS – Foreman Absent and excused – None Floor Sponsor - Harris Title apvd - to House
  7. Mar 19, 2026
    Read second time; filed for Third Reading
  8. Mar 18, 2026
    Reported out of Committee with Do Pass Recommendation; Filed for second reading
  9. Mar 17, 2026Committee
    Reported Printed; referred to State Affairs
  10. Mar 16, 2026Introduced
    Introduced; read first time; referred to JR for Printing

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

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Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

cross reference95% confidence

Trailer Bill Relationship

This bill explicitly amends Senate Bill No. 1326 to refine the scope and applicability of property protections by adding specific statutory exemptions.

Connected Entities

Department of Water Resources
OrganizationDepartment of Water Resources“Maintains ability to make reasonable entry upon lands to carry out duties impose”Map →

Sources

Open source document

legislature.idaho.gov

Analysis Score

0–100
  • Significance55
    How much this matters to a regular citizen
  • Controversy15
    Intensity of disagreement among stakeholders
  • Entertainment5
    Compellingness for a non-policy-wonk reader
  • Buzz20
    Current news / social attention level

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