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Senate passes bill saying Idaho law governs private construction projects

2254818 · January 24, 2025
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Summary

The Idaho Senate passed Senate Bill 10 06 on Jan. 24, 2025, a measure sponsored on the floor by Senator Lakey that says Idaho law and jurisdiction apply to private construction projects built in the state; the vote was 32 in favor, 3 absent.

BOISE, Idaho — The Idaho Senate on Jan. 24, 2025, passed Senate Bill 10 06, a measure intended to make clear that Idaho law and Idaho courts govern private construction projects built in the state, the sponsor said.

Senator Lakey, chairman of the Judiciary and Rules Committee, told senators the bill is “very straightforward,” saying it makes explicit that “private construction projects being built in Idaho are subject to Idaho law, and Idaho jurisdiction applies.” He said the measure responds to out-of-state entities that seek to require Idaho contractors to resolve disputes under another state’s laws or in another state’s courts or arbitration.

The bill’s sponsor argued the change protects Idaho property owners and contractors who are more familiar with Idaho law and its application. “There are some out of state entities that are requiring or seeking to require that Idaho contractors on Idaho projects be subject to the laws of another state,” Lakey said. “This makes it clear for both sides on an Idaho project — Idaho law applies to an Idaho project, and Idaho jurisdiction governs and controls.”

Debate on the floor was limited to the sponsor. After closing debate, the presiding officer put the question, and the secretary called the roll. The roll call showed 32 senators voting in favor with three senators absent; the chair declared Senate Bill 10 06 passed. The title was approved without correction and the bill was transmitted to the Idaho House of Representatives for its consideration.

The sponsor said he worked with the Idaho Association of General Contractors on the bill. The measure as presented on the floor focuses on choice-of-law and forum-selection protections for Idaho contractors on Idaho projects; the text on the floor did not specify exemptions or carve-outs.

Next steps: the bill will be sent to the House for its procedure on the measure.

Votes at a glance: Senate Bill 10 06 — Passed; vote: 32 yes, 0 no, 0 abstain, 3 absent.