Rating: 0

Bill Summary:

House Bill 402 revises Idaho’s identity verification procedures for issuing driver’s licenses, instruction permits, commercial licenses, and identification cards. It updates multiple sections of Idaho Code to more narrowly define the types of acceptable documentation for establishing identity and lawful presence in the United States. Specifically, the bill requires applicants to present either a certified copy of a birth certificate or a government-issued document that verifies both legal presence and identity. These changes apply to both U.S. citizens and non-citizens, including nondomiciled commercial drivers.

The legislation also removes vague or duplicative provisions regarding acceptable documents and centralizes the responsibility for verifying eligibility with the Division of Motor Vehicles. An emergency clause ensures that the new standards take effect immediately upon passage.

Reason for Rating:

While House Bill 402 aims to enhance identity security and lawful presence verification—principles supported in the Idaho Republican Party Platform—it does so by introducing stricter documentation requirements without including clear appeal mechanisms or flexibility for lawful residents who may lack specific records, such as certified birth certificates. The bill grants administrative discretion in determining acceptable alternate documents but provides little guidance on how this discretion will be exercised, which could lead to inconsistent or overly restrictive enforcement. Although the intent aligns with platform priorities, the lack of safeguards and the potential burden on lawful applicants make this bill more appropriately scored as 0.