Idaho Code § 67-7031 — Idaho Code / Title 67 / Chapter 70 / Section 67-7031
67-7031 MARKING OF WATER AREAS — PROCEDURES — LOCAL RULES.
Status: in_force

67-7031. Marking of water areas — Procedures — Local rules. (1) The department may make or adopt appropriate rules for the marking of the water areas in this state through the placement of aids to navigation and regulatory markers. Such rules shall establish a marking system of aids to navigation prescribed by the United States coast guard and shall give due regard to the system of uniform waterway markers approved by the advisory panel of state officials to the merchant marine council of the United States coast guard. No city, county, other political subdivision or other person shall mark the waters of this state in any manner in conflict with the marking system prescribed by the department or without the specific authority of the department.

(2) Uniform system. In the marking of water areas, as described in this chapter, the uniform waterway marking system is used for the placement of aids to navigation and regulatory markers in the waters of the state.

(3) Regulatory markers. Regulatory markers are used to indicate to a vessel operator the existence of dangerous areas as well as those that are restricted or controlled, such as speed zones and areas dedicated to a particular use, or to provide general information and directions.

(4) Colors. Each regulatory marker must be colored white with international orange geometric shapes.

(5) Buoys. When a buoy is used as a regulatory marker, it must be white with horizontal bands of international orange placed completely around the buoy circumference. One (1) band must be at the top of the buoy body, with a second band placed just above the waterline of the buoy so that both international orange bands are clearly visible to approaching vessels. The area of buoy body visible between the two (2) bands must be white.

(6) Geometric shapes. Geometric shapes must be placed on the white portion of the buoy body and must be colored international orange. The authorized geometric shapes and meanings associated with them are: a vertical open-faced diamond shape to mean danger; a vertical open-faced diamond shape having a cross centered in the diamond to mean that a vessel is excluded from the marked area; a circular shape to mean that a vessel operated in the marked area is subject to certain operating restrictions; and a square or rectangular shape with directions or information lettered on the inside.

(7) Signs. Where a regulatory marker consists of a square or rectangular-shaped sign displayed from a structure, the sign must be white, with an international orange border. When a diamond or circular geometric shape associated with meaning of the marker is included, it must be centered on the signboard.

(8) Navigation aids. Aids to navigation are used to supplement the federal lateral system of buoyage and have either a lateral or cardinal meaning.

(9) Defined channel. On a well-defined channel, including a river or other relatively narrow natural or improved waterway, an aid to navigation is normally a solid-colored buoy. A buoy that marks the left side of the channel viewed looking upstream or toward the head of navigation must be colored all black. A buoy that marks the right side of the channel viewed looking upstream or toward the head of a navigation must be colored all red. On a well-defined channel, solid-colored buoys are established in pairs, one (1) on each side of the navigable channel that they mark, and opposite each other to inform the user that the channel lies between the buoys and that the user should pass between the buoys.

(10) Irregularly defined channel. On an irregularly defined channel, solid-colored buoys may be used singly in staggered fashion on alternate sides of the channel, provided they are spaced at sufficiently close intervals to inform the user that the channel lies between the buoys and that the user should pass between the buoys.

(11) Undefined channel. Where there is no well-defined channel or when a body of water is obstructed by objects whose nature or location is such that the obstruction can be approached by a vessel from more than one (1) direction, supplemental aids to navigation having cardinal meaning (i.e., pertaining to the cardinal points of the compass, north, east, south, and west) may be used. The use of an aid to navigation having cardinal meaning is discretionary, provided that the use of such a marker is limited to wholly state-owned waters and the state waters for private aids to navigation as defined and described in this chapter.

(12) Cardinal system. Aids to navigation conforming to the cardinal system consist of three (3) distinctly colored buoys. A white buoy with a red top may be used to indicate to a vessel operator to pass to the south or west of the buoy. A white buoy with a black top may be used to indicate to a vessel operator to pass to the north or east of the buoy. In addition, a buoy showing alternate vertical red and white stripes may be used to indicate to a vessel operator that an obstruction to navigation extends from the nearest shore to the buoy and not to pass between the buoy and shore. The number of white and red stripes is discretionary, provided that the white stripes are twice the width of the red stripes.

(13) Markers to be visible. The size, shape, material, and construction of all markers, both fixed and floating, must be such as to be observable under normal conditions of visibility at a distance such that the significance of the marker or aid must be recognizable before the observer comes into danger.

(14) Lettering to be visible. Numbers, letters, or words on an aid to navigation or regulatory marker must be placed in a manner to enable them to be clearly visible to an approaching and passing vessel. They must be block style, well-proportioned, and as large as the available space permits. Numbers and letters on red or black backgrounds must be white, and numbers and letters on white backgrounds must be black.

(15) Numbering buoys. Odd numbers must be used to identify solid-colored black buoys or black-topped buoys, and even numbers must be used to identify solid-colored red buoys or red-topped buoys. All numbers must increase in an upstream direction or toward the head of navigation. The use of numbers to identify buoys is discretionary.

(16) Lettering markers. Letters only may be used to identify regulatory markers and white and red vertically striped obstruction markers. When used, letters must follow alphabetical sequence in an upstream direction or toward the head of navigation. The letters "I" and "O" are omitted to preclude confusion with numbers. The use of letters to identify regulatory markers and obstruction markers is discretionary.

(17) Reflective material. The use of reflectors or retroreflective materials is discretionary.

(18) Color of reflective material. When used on buoys having lateral significance: red reflectors or retroreflective materials must be used on solid-colored red buoys; green reflectors or retroreflective materials must be used on solid-colored black buoys; and white reflectors or retroreflective materials only may be used for all other buoys, including regulatory markers, except that orange reflectors or retroreflective materials may be used on the orange portions of regulatory markers.

(19) Lights. The use of navigational lights on state aids to navigation, including regulatory markers, is discretionary. When used, lights on solid-colored buoys must be regularly flashing, regularly occulting, or equal-interval lights. For ordinary purposes, the frequency of flashes may not be more than thirty (30) flashes per minute (slow-flashing). When it is desired that lights have a distinct cautionary significance, as at sharp turns or sudden constrictions in the channel or to mark wrecks or other artificial or natural obstructions, the frequency of flashes may not be less than sixty (60) flashes per minute (quick-flashing). When a light is used on a cardinal system buoy or a vertically striped white and red buoy it must always be quick-flashing. The colors of the lights must be the same as for reflectors: a red light only on a solid-colored red buoy; a green light on solid colored black buoy; and a white light only for all other buoys, including regulatory markers.

(20) Ownership identification. The use and placement of ownership identification is discretionary, provided that ownership identification is worded and placed in a manner that avoids detracting from the meaning intended to be conveyed by a navigational aid or regulatory marker.

(21) Mooring buoys. Mooring buoys in state waters for private aids to navigation must be colored white and must have a horizontal blue band around the circumference of the buoy centered midway between the top of the buoy and the waterline.

(22) Lighted mooring buoys. A lighted mooring buoy must normally display a slow-flashing white light. When its location in a waterway is such that it constitutes an obstruction to a vessel operated during hours of darkness, it must display a quick-flashing white light.

(23) Identifying mooring buoys. A mooring buoy may bear ownership identification, provided that manner and placement of the identification does not detract from the meaning intended to be conveyed by the color scheme or identification letter when assigned.

(24) The provisions of this chapter shall govern the operation, equipment, numbering, and all other matters relating thereto whenever any vessel shall be operated on the waters of this state or when any activity regulated by this chapter shall take place thereon. Nothing in this chapter shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels, as long as such ordinances are not in conflict with the provisions of law.

(25) Any political subdivision of the state of Idaho may at any time, but only after sufficient public notice is given, adopt local ordinances with reference to the operation of vessels on any waters within its territorial limits or with reference to swimming within areas of intense or hazardous vessel traffic, provided the ordinances are intended to promote or protect the health, safety, and general welfare of its citizenry.

(26) Any political subdivision of the state of Idaho may at any time, but only after sufficient public notice is given, adopt ordinances that establish operational zones for personal watercraft on any waters within its territorial limits. Personal watercraft operational zone designations are limited to:

(a) No wake or less than five (5) miles per hour;

(b) Personal watercraft only;

(c) No personal watercraft allowed; or

(d) Distance from shoreline.

History:

[67-7031, added 1986, ch. 207, sec. 2, p. 529; am. 1996, ch. 335, sec. 3, p. 1134; am. 2022, ch. 218, sec. 9, p. 723.]
Idaho Code § 67-408 — Idaho Code / Title 67 / Chapter 4 / Section 67-408
67-408 ATTENDANCE OF WITNESSES — SERVICE OF SUBPOENAS.
Status: in_force

67-408. Attendance of witnesses — Service of subpoenas. The subpoena may be served by the sheriff of any county in which the subpoenaed person may be found or by any person authorized to serve process of courts of record, and the affidavit of the person serving the subpoena that he delivered a copy to the witness is evidence of service.

History:

[(67-408) R.S., sec. 146; reen. C.L. & C.L., sec. 59; C.S., sec. 100; I.C.A., sec. 65-408; am. 1995, ch. 232, sec. 2, p. 788.]
Idaho Code § 67-701 — Idaho Code / Title 67 / Chapter 7 / Section 67-701
67-701 LEGISLATIVE SERVICES OFFICE.
Status: in_force

67-701. Legislative Services Office. There is hereby created under the direction of the legislative council the legislative services office which shall carry out the professional and nonpartisan responsibilities defined in this chapter. The legislative council shall appoint a director of the legislative services office who shall serve at the pleasure of the council and who may employ such employees and engage the services of such persons and agencies as may be necessary or desirable in the performance of the legislative council's duties. Employees of the legislative services office are nonclassified, at-will employees and shall serve at the pleasure of the director.

History:

[67-701, added 2009, ch. 52, sec. 11, p. 143.]
Idaho Code § 67-7427 — Idaho Code / Title 67 / Chapter 74 / Section 67-7427
67-7427 VENDOR PERFORMANCE BONDS.
Status: in_force

67-7427. Vendor performance bonds. Each vendor, at the time of executing a contract, shall post a performance bond in a manner and form as required by the commission. The commission may accept other security in lieu of a bond when in its judgment the security is sufficient to guarantee the faithful performance of the contract.

History:

[67-7427, added 1988, ch. 232, sec. 2, p. 456; am. 1989, ch. 352, sec. 16, p. 889.]
Idaho Code § 67-2319 — Idaho Code / Title 67 / Chapter 23 / Section 67-2319
67-2319 PURCHASING PRODUCTS OF REHABILITATION FACILITIES.
Status: in_force

67-2319. Purchasing products of rehabilitation facilities. Products which are manufactured by and services which are provided for nonprofit corporations and public agencies operating rehabilitation facilities serving people with disabilities and disadvantaged people and offered for sale at the fair market price as determined by the administrator of the division of purchasing which meet the specific requirement for such products may be procured by the state agencies or departments or any political subdivision of the state from such nonprofit corporations or public agencies without advertising or calling for bids.

History:

[67-2319, added I.C., sec. 67-2319, as added by 1973, ch. 291, sec. 2, p. 614; am. 2010, ch. 235, sec. 60, p. 599.]
Idaho Code § 67-4708 — Idaho Code / Title 67 / Chapter 47 / Section 67-4708
67-4708 BUSINESS RECORDS.
Status: in_force

67-4708. Business records. Business records and information submitted to the department by business clients shall be subject to disclosure according to chapter 1, title 74, Idaho Code. These records and information shall include financial statements, employment/employee records, loan agreements, the method of financing, the source and terms of financing, business and individual tax returns, insurance policies, bank statements, financial institution letters and documents, sales records, inventory lists, collateral agreements, and other documents or information the business declares to be, and marked "confidential — proprietary information."

The exemption from disclosure as provided in chapter 1, title 74, Idaho Code, shall also be extended to and be consistent with the requirements for confidentiality for business information included in any application for the various federal grant, loan or loan guarantee programs, various federal procurement contracting programs, and other similar federal business assistance programs in which the department is a participant.

This exemption from disclosure shall also apply to business information and records associated with industrial revenue bonds, department efforts to assist businesses with international marketing, industrial relocation projects, and other business development projects in which the department extends assistance.

History:

[67-4708, added 1986, ch. 104, sec. 1, p. 291; am. 1990, ch. 213, sec. 95, p. 555; am. 2004, ch. 346, sec. 7, p. 1033; am. 2015, ch. 141, sec. 173, p. 516.]
Idaho Code § 67-4736 — Idaho Code / Title 67 / Chapter 47 / Section 67-4736
67-4736 ANNUAL REPORT BY DIRECTOR.
Status: in_force

67-4736. ANNUAL REPORT BY DIRECTOR. The director of the department of commerce shall annually publish a report regarding the state of the Idaho opportunity fund and cause the same to be made available to the public. The report shall contain information on the commitment of funds, disbursement and use of funds, the number of jobs committed and created, the total capital expenditures resulting from grant funds and the median wage of total jobs created as result of grant funds distributed in the prior year. The report is due no later than the last day of September each year. The director shall also provide such report to the governor and the joint finance-appropriations committee during each regular session of the Idaho state legislature. In addition, the director of the department of commerce shall provide reports on the grant activity and performance to the economic advisory council on a quarterly basis during the year.

History:

[67-4736, added 2013, ch. 106, sec. 1, p. 251.]
Idaho Code § 67-6215 — Idaho Code / Title 67 / Chapter 62 / Section 67-6215
67-6215 RIGHTS NOT TO BE IMPAIRED BY STATE.
Status: in_force

67-6215. Rights not to be impaired by state. The state does hereby pledge to and agree with the holders of any notes or bonds issued under this act that the state will not limit or alter the rights hereby vested in the association to fulfill the terms of any agreements made with the said holders thereof or in any way impair the rights and remedies of such holders until such notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The association is authorized to include this pledge and agreement of the state in any agreement with the holders of such notes or bonds.

History:

[67-6215, added I.C., sec. 67-6215, as added by 1974, ch. 104, sec. 23, p. 1210; am. 1996, ch. 253, sec. 18, p. 824.]
Idaho Code § 67-429B — Idaho Code / Title 67 / Chapter 4 / Section 67-429B
67-429B AUTHORIZED TRIBAL VIDEO GAMING MACHINES.
Status: in_force

67-429B. Authorized tribal video gaming machines. (1) Indian tribes are authorized to conduct gaming using tribal video gaming machines pursuant to state-tribal gaming compacts which specifically permit their use. A tribal video gaming machine may be used to conduct gaming only by an Indian tribe, is not activated by a handle or lever, does not dispense coins, currency, tokens, or chips, and performs only the following functions:

(a) Accepts currency or other representative of value to qualify a player to participate in one or more games;

(b) Dispenses, at the player's request, a cash out ticket that has printed upon it the game identifier and the player's credit balance;

(c) Shows on a video screen or other electronic display, rather than on a paper ticket, the results of each game played;

(d) Shows on a video screen or other electronic display, in an area separate from the game results, the player's credit balance;

(e) Selects randomly, by computer, numbers or symbols to determine game results; and

(f) Maintains the integrity of the operations of the terminal.

(2) Notwithstanding any other provision of Idaho law, a tribal video gaming machine as described in subsection (1) above is not a slot machine or an electronic or electromechanical imitation or simulation of any form of casino gambling.

History:

[67-429B, Init Measure 2003, No. 1, sec. 3, p. 1066.]
Idaho Code § 67-6904 — Idaho Code / Title 67 / Chapter 69 / Section 67-6904
67-6904 OTHER FOOD SERVICE.
Status: in_force

67-6904. Other food service. Buildings or institutions of the department of health and welfare, not defined as public buildings for purposes of this chapter, shall nevertheless be subject to the provisions of section 67-6903, Idaho Code, for the purposes of providing services of vending machines dispensing food.

History:

[67-6904, added 1982, ch. 350, sec. 1, p. 867.]
Idaho Code § 67-2402 — Idaho Code / Title 67 / Chapter 24 / Section 67-2402
67-2402 STRUCTURE OF THE EXECUTIVE BRANCH OF IDAHO STATE GOVERNMENT.
Status: in_force

67-2402. Structure of the executive branch of Idaho state government. (1) Pursuant to section 20, article IV, Idaho constitution, all executive and administrative offices, agencies, and instrumentalities of the executive department of state, except for those assigned to the elected constitutional officers, are allocated among and within the following departments:

Department of administration

Department of agriculture

Department of commerce

Department of labor

Department of correction

Department of environmental quality

Department of finance

Department of fish and game

Department of health and welfare

Department of insurance

Department of juvenile corrections

Idaho transportation department

Industrial commission

Department of lands

Idaho state police

Department of parks and recreation

Department of revenue and taxation

Department of self-governing agencies

Department of water resources

State board of education

The public school districts of Idaho, having condemnation authority, shall be considered civil departments of state government for the purpose of and limited to the purchase of state endowment land at appraised prices.

(2) The governor, lieutenant governor, secretary of state, state controller, state treasurer, attorney general and superintendent of public instruction each heads a constitutional office.

(3) For its internal structure, unless specifically provided otherwise, each department shall adhere to the following standard terms:

(a) The principal unit of a department is a division. Each division shall be headed by an administrator. The administrator of any division shall be exempt from the provisions of chapter 53, title 67, Idaho Code.

(b) The principal unit of a division is a bureau. Each bureau shall be headed by a chief.

(c) The principal unit of a bureau is a section. Each section shall be headed by a supervisor.

History:

[(67-2402) 1919, ch. 8, sec. 2, p. 43; C.S., sec. 251; am. 1921, ch. 104, sec. 2, p. 233; I.C.A., sec. 65-2302; am. 1939, ch. 37, sec. 11, p. 74; am. 1941, ch. 82, sec. 1, p. 151; am. 1947, ch. 59, sec. 1, p. 82; am. 1947, ch. 238, sec. 1, p. 587; am. 1969, ch. 466, sec. 10, p. 1326; am. 1972, ch. 196, sec. 17, p. 483; am. 1974, ch. 40, sec. 2, p. 1072; am. 1975, ch. 164, sec. 13, p. 18; am. 1978, ch. 242, sec. 1, p. 519; am. 1985, ch. 160, sec. 2, p. 428; am. 1994, ch. 180, sec. 196, p. 544; am. 1995, ch. 44, sec. 59, p. 102; am. 1995, ch. 365, sec. 2, p. 1277; am. 1996, ch. 421, sec. 4, p. 1413; am. 2000, ch. 132, sec. 1, p. 311; am. 2000, ch. 469, sec. 1, p. 1456; am. 2004, ch. 346, sec. 9, p. 1035; am. 2007, ch. 360, sec. 26, p. 1090.]
Idaho Code § 67-4206 — Idaho Code / Title 67 / Chapter 42 / Section 67-4206
67-4206 HEYBURN PARK — IMPROVEMENTS — FINANCES.
Status: in_force

67-4206. Heyburn Park — Improvements — Finances. All improvements within said park and upon any additions thereto shall be made under the direction of the park and recreation board of the department of parks and recreation and all costs of such improvements, together with the expense of maintaining and governing said park shall be paid out of the appropriation made to the board for that purpose and all revenue derived from said park shall be paid into the park and recreation fund of the state of Idaho. The expense of acquiring and improvement of real estate adjacent to the said park, which is necessary to the complete enjoyment, sanitation, improvement and protection of the park, by purchase, condemnation or otherwise, shall be deemed to be incidental to the operation, administration or improvement of the said park.

History:

[(67-4206) 1911, ch. 89, sec. 7, p. 336; reen. C.L. 132:10; C.S., sec. 3095; am. 1921, ch. 112, sec. 44, p. 260; I.C.A., sec. 65-3908; am. 1937, ch. 125, sec. 1, p. 190; am. 1947, ch. 221, sec. 5, p. 532; am. 1949, ch. 136, sec. 3, p. 239; am. 1950 (E.S.), ch. 25, sec. 5, p. 39; am. 1974, ch. 8, sec. 3, p. 35.]
Idaho Code § 67-6423 — Idaho Code / Title 67 / Chapter 64 / Section 67-6423
67-6423 ACT NOT A LIMITATION OF POWERS.
Status: in_force

67-6423. Act not a limitation of powers. Neither this act nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, and this act is cumulative to any such powers. This act does and shall be construed to provide a complete, additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes and other obligations and refunding bonds under the provisions of this act need not comply with the requirements of any other state law applicable to the issuance of bonds, notes and other obligations. Contracts for the construction and acquisition of any facilities undertaken pursuant to this act need not comply with the provisions of any other state law applicable to contracts for the construction and acquisition of property by the state or a community college district. No proceedings, notice or approval shall be required for the issuance of any bonds, notes and other obligations or any instrument as security therefor, except as is provided in this act.

History:

[67-6423, added 1974, ch. 111, sec. 23, p. 1263; am. 2003, ch. 349, sec. 5, p. 936.]
Idaho Code § 67-5250 — Idaho Code / Title 67 / Chapter 52 / Section 67-5250
67-5250 INDEXING OF PRECEDENTIAL AGENCY ORDERS — INDEXING OF AGENCY GUIDANCE DOCUMENTS.
Status: in_force

67-5250. Indexing of precedential agency orders — Indexing of agency guidance documents. (1) Unless otherwise prohibited by any provision of law, each agency shall index all written final orders, including all currently effective declaratory orders, that the agency intends to rely on as precedent. The index and the orders shall be available for public inspection and copying at cost in the main office and each regional or district office of the agency. The orders shall be indexed by name and subject. If an agency is authorized to not disclose certain information in its records to protect confidentiality, the agency shall redact confidential information in the order.

(2) A written final order may not be relied on as precedent by an agency to the detriment of any person until it has been made available for public inspection and indexed in the manner described in subsection (1) of this section.

(3) Unless otherwise prohibited by any provision of law, each agency shall index by subject all agency guidance documents. The index and the guidance documents shall be available for public inspection and copying at cost in the main office and each regional or district office of the agency. As used in this section, "agency guidance" means all written documents, other than rules, orders, and pre-decisional material, that are intended to guide agency actions affecting the rights or interests of persons outside the agency. "Agency guidance" shall include memoranda, manuals, policy statements, interpretations of law or rules, and other material that are of general applicability, whether prepared by the agency alone or jointly with other persons. The indexing of a guidance document does not give that document the force and effect of law or other precedential authority.

(4) All final written orders and guidance documents indexed by an agency pursuant to this section shall be posted on the agency's website on a single webpage, organized by subject, and with a direct link to each such final written order or guidance document.

History:

[(67-5250), added 1965, ch. 273, sec. 2, p. 701; am. 1980, ch. 204, sec. 1, p. 468; am. and redesignated 1992, ch. 263, sec. 35, p. 808; am. 1993, ch. 216, sec. 108, p. 676; am. 1995, ch. 270, sec. 3, p. 870; am. 2025, ch. 151, sec. 17, p. 748.]
Idaho Code § 67-7407 — Idaho Code / Title 67 / Chapter 74 / Section 67-7407
67-7407 DIRECTOR.
Status: in_force

67-7407. Director. With the advice and consent of the senate the governor shall appoint a director of the lottery, who is the chief executive officer of the lottery and secretary of the commission. The compensation of the director, including bonuses, if any, shall be established by the commission. The director shall serve at the pleasure of the governor.

History:

[67-7407, added 1988, ch. 232, sec. 2, p. 448.]
Idaho Code § 67-4004 — Idaho Code / Title 67 / Chapter 40 / Section 67-4004
67-4004 COUNCIL ON INDIAN AFFAIRS CREATED — APPOINTMENT OF MEMBERS.
Status: in_force

67-4004. Council on Indian affairs created — Appointment of members. There is hereby created the Idaho council on Indian affairs which shall consist of ten (10) members, one (1) to be appointed by the governor, two (2) to be appointed by the president pro tempore of the senate from the members of the senate; two (2) to be appointed by the speaker of the house of representatives from the members of the house; and five (5) tribal members to be appointed by each Indian tribe with one (1) member to represent each of the various Indian tribes of the state. The five (5) Indian members shall each be members of their respective tribal councils and appointed by the tribal chairmen subject to the consent of the tribal council. A tribal member shall serve at the will of his or her tribal government until a successor is similarly selected.

History:

[67-4004, added 1999, ch. 127, sec. 1, p. 368.]
Idaho Code § 67-2725 — Idaho Code / Title 67 / Chapter 27 / Section 67-2725
67-2725 BANKS ELIGIBLE AS DEPOSITORIES.
Status: in_force

67-2725. Banks eligible as depositories. Any national bank or any state bank or trust company doing a banking business in this state may become a state depository by making application for that purpose to the state treasurer. Provided, as to banking corporations or national banking associations operating branches, that they first comply with section 67-2739, Idaho Code.

History:

[(67-2725) Based upon 1905, p. 305, sec.sec. 1, 3 and R.C., sec.sec. 127, 130; am. 1909, p. 363; am. 1911, ch. 122, p. 384; R.C., sec. 128, as added by 1915, ch. 168, sec. 3, p. 380; reen. C.L. 13:6; C.S., sec. 306; I.C.A., sec. 65-2623; am. 1935, ch. 135, sec. 1, p. 326; am. 1976, ch. 238, sec. 1, p. 831; am. 1983, ch. 38, sec. 9, p. 94.]
Idaho Code § 67-5711B — Idaho Code / Title 67 / Chapter 57 / Section 67-5711B
67-5711B EMERGENCY CONTRACTING AUTHORIZED DIVISION OF PUBLIC WORKS.
Status: in_force

67-5711B. Emergency contracting authorized division of public works. The director of the department of administration, the administrator of the division of public works, or a designee of either official may make or authorize others to make emergency public works contracts when there exists a threat to public health, welfare, or safety under emergency conditions; provided that such emergency public works contracts shall be made with such competition as is practicable under the circumstances. The administrator may declare an emergency when one (1) or more of the following conditions exist: an imminent life-threatening environment; or an imminent threat to property; or an imminent loss of significant state resources. The administrator may also waive the requirements of section 67-2309, Idaho Code, regarding written plans and specifications. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.

History:

[67-5711B, added 1988, ch. 165, sec. 1, p. 296.]
Idaho Code § 67-9801 — Idaho Code / Title 67 / Chapter 98 / Section 67-9801
67-9801 DEFINITIONS.
Status: in_force

67-9801. Definitions. As used in this chapter:

(1) "Changing room" means a room or area in which a person may be in a state of undress in the presence of others, including a locker room or shower room.

(2) "Correctional facility" means a state correctional facility or local correctional facility as defined in section 19-4201A, Idaho Code.

(3) "Covered entity" means a correctional facility, domestic violence shelter, juvenile correctional center, or state educational institution.

(4) "Domestic violence shelter" means a state-operated facility that provides services, including food, housing, counseling, and assistance to victims of domestic violence or abuse and their minor dependent children in this state.

(5) "Female" has the same meaning as set forth in section 73-114, Idaho Code.

(6) "Juvenile correctional center" means any state-operated residential facility or facility operated pursuant to a contract with the state that provides twenty-four (24) hour supervision and confinement for juvenile offenders committed to the custody of the department of juvenile corrections.

(7) "Male" has the same meaning as set forth in section 73-114, Idaho Code.

(8) "Multi-occupancy" means a space that is designated for use by multiple persons simultaneously.

(9) "Restroom" means a room that includes one (1) or more toilets or urinals.

(10) "Sex" has the same meaning as set forth in section 73-114, Idaho Code.

(11) "Sleeping quarters" means a room with more than one (1) bed and in which more than one (1) individual is housed overnight.

(12) "State educational institution" means the university of Idaho, Lewis-Clark state college, Idaho state university, Boise state university, the school for the deaf and the blind, and any public community colleges under the general supervision, governance, and control of the state board of education.

History:

[67-9801, added 2025, ch. 251, sec. 1, p. 1114.]
Idaho Code § 67-1910 — Idaho Code / Title 67 / Chapter 19 / Section 67-1910
67-1910 DIVISION OF FINANCIAL MANAGEMENT — ADMINISTRATOR — APPOINTMENT.
Status: in_force

67-1910. Division of financial management — Administrator — Appointment. There is hereby created within the governor's office a division of financial management. The governor shall appoint an administrator for the division of financial management. The administrator shall be knowledgeable about finance, accounting, and budget principles. The administrator of the division may employ additional personnel as may be necessary, and may contract for professional services or assistance when necessary or desirable. All employees of the division of financial management shall be exempt from the provisions of chapter 53, title 67, Idaho Code.

History:

[67-1910, added I.C., sec. 67-1910, as added by 1974, ch. 22, sec. 19, p. 592; am. 1980, ch. 358, sec. 2, p. 924; am. 1995, ch. 365, sec. 5, p. 1280.]
Idaho Code § 67-8901 — Idaho Code / Title 67 / Chapter 89 / Section 67-8901
67-8901 SHORT TITLE.
Status: in_force

67-8901. Short title. This act may be referred to and cited as the "Idaho Energy Resources Authority Act."

History:

[67-8901, added 2005, ch. 53, sec. 1, p. 192.]
Idaho Code § 67-2915 — Idaho Code / Title 67 / Chapter 29 / Section 67-2915
67-2915 STATISTICAL REPORT OF MALICIOUS HARASSMENT CRIMES.
Status: in_force

67-2915. Statistical report of malicious harassment crimes. The director of the Idaho state police shall annually submit to the governor and the chairman of the judiciary and rules committee in the senate and the chairman of the judiciary, rules and administration committee in the house of representatives a report on malicious harassment crimes, as that crime is defined in section 18-7902, Idaho Code. Report content shall be limited to statistical data and shall be presented in conformance with the provisions of section 74-124, Idaho Code.

All city, county and state law enforcement units shall be required to report to the director all incidences of, complaints on, and arrests for malicious harassment crimes within their respective jurisdictions. The director shall develop a standard procedure and shall prescribe and provide a standard form for complete and uniform reporting.

History:

[(67-2915) 1989, ch. 243, sec. 1, p. 592; am. and redesig. 1995, ch. 116, sec. 17, p. 396; am. 2000, ch. 469, sec. 14, p. 1465; am. 2015, ch. 141, sec. 170, p. 514.]
Idaho Code § 67-9703 — Idaho Code / Title 67 / Chapter 97 / Section 67-9703
67-9703 DEFINITIONS.
Status: in_force

67-9703. DEFINITIONS. As used in this chapter:

(1) "Agricultural production" means activities or conditions conducted on land actively devoted to agriculture as defined in section 63-604, Idaho Code, or on forest land as defined in section 63-1701, Idaho Code.

(2) "Agricultural protection area" means specific parcels of land in a designated geographic area voluntarily created under the authority of this chapter for the purpose of protecting and preserving agricultural land.

(3) "Agricultural protection area commission" means the advisory board to the governing body created pursuant to section 67-9705, Idaho Code.

(4) "Applicant" means anyone who owns five (5) acres or more of land that has been in active agricultural or forest production for the previous three (3) consecutive years, consistent with the provisions of sections 63-604 and 63-1701, Idaho Code, and who voluntarily applies for that land to be part of an agricultural protection area.

(5) "Hardship" means a situation or circumstance over which a landowner in an agricultural protection area has no control and can then petition for removal for reasons that include but are not limited to an adverse result in litigation against the farm or landowner, death of a close family member that would lead to unanticipated financial hardships, significant tax liabilities, bankruptcy due to another person's fraud, or any other illegal activity.

(6) "Proposal" means written documents submitted to a governing body or agricultural protection area commission from a landowner regarding his property.

History:

[67-9703, added 2024, ch. 215, sec. 1, p. 762.]
Idaho Code § 67-4618 — Idaho Code / Title 67 / Chapter 46 / Section 67-4618
67-4618 EXEMPTION FROM HEALTH OR BUILDING CODES.
Status: in_force

67-4618. Exemption from health or building codes. The governing body of any county or city, in order to promote the preservation and restoration of historic properties within its jurisdiction, may exempt a historic property from the application of such standards contained in the county or city health or building codes, or both, as the governing body, upon recommendation of the local historic preservation commission, shall determine would otherwise prevent or seriously hinder the preservation or restoration of said historic property.

History:

[67-4618, added I.C., sec. 67-4618, as added by 1975, ch. 142, sec. 2, p. 324.]
Idaho Code § 67-6208 — Idaho Code / Title 67 / Chapter 62 / Section 67-6208
67-6208 TAX EXEMPT STATUS.
Status: in_force

67-6208. Tax exempt status. As set forth in the declaration and statement of intent herein, the association will be performing an essential governmental function in the exercise of the powers conferred upon it by this act, and the notes and bonds of the association issued pursuant to this act, and the income therefrom, including any profit made on the sale thereof, and all its fees, charges, gifts, grants, revenues, receipts and other moneys received, pledged to pay or secure the payment of such notes or bonds shall at all times be free from taxation of every kind by the state and by the municipalities and all other political subdivisions of the state.

The property of the association is declared to be public property used for essential public purposes and such property and the income and operations of the association shall be exempt from all taxes and special assessments of the city, the county, the state or any political subdivision or municipalities thereof; provided, however, that the association's office property shall be subject to property taxes and that in lieu of such taxes on its other property, the association shall negotiate an agreement with the city, the county, the state, as the case may be, to make payments, if any be required, to the city, county, or the state for improvements, services and facilities furnished by the said city, county or state for the benefits of a housing project, or in lieu of such taxes, the association may agree to make payments to a school district or school districts, which district or districts include within its boundaries all or a portion of the real property of the association, for school services and facilities furnished by said school district or districts, for the benefit of the residents of a housing project.

History:

[67-6208, added I.C., sec. 67-6208, as added by 1974, ch. 104, sec. 13, p. 1210; am. 1996, ch. 253, sec. 11, p. 816.]
Idaho Code § 67-2608 — Idaho Code / Title 67 / Chapter 26 / Section 67-2608
67-2608 OCCUPATIONAL LICENSES FUND CREATED — DISPOSITION OF FEES — REPORTS.
Status: in_force

67-2608. OCCUPATIONAL LICENSES Fund CREATED — DISPOSITION OF FEES — REPORTS. (1) There is hereby created in the state treasury the occupational licenses fund. All fees and renewal fees received by the division of occupational and professional licenses for licenses to engage in trades, businesses, occupations, or professions shall be deposited to the credit of the occupational licenses fund. The administrator shall ensure that fees collected by the division are not waived, prorated, transferred, or refunded unless authorized by rule or law of the agency within the division.

(2) The division of occupational and professional licenses shall prepare quarterly reports regarding the revenues and expenditures of each board and commission. Such reports shall be submitted within fifteen (15) business days after the end of each quarter to the budget and policy analysis division of the legislative services office, and a copy of each report pertaining to a certain board or commission shall be submitted to that board or commission.

(3) The division of occupational and professional licenses shall prepare a year-end report regarding the cash balances of each board and commission. The format of the report and information contained therein shall be determined by the legislative services office legislative audits and budget and policy analysis divisions no later than August 1, 2025. The report shall be submitted annually to the budget and policy analysis division of the legislative services office no later than December 1. If the year-end cash balance of any board or commission fund detail exceeds one hundred fifty percent (150%) of the five (5) year rolling average of expenditures, the division of occupational and professional licenses shall present a plan in the annual report to the legislature for reducing fund balances, including but not limited to fee reductions and holidays. If the year-end cash balance of any fund detail drops below thirty percent (30%) of the five (5) year rolling average of expenditures, the division of occupational and professional licenses shall present a plan to the legislature for rectifying the low fund balance.

History:

[67-2608, added 2021, ch. 224, sec. 16, p. 666; am. 2025, ch. 104, sec. 2, p. 552.]
Idaho Code § 67-1054 — Idaho Code / Title 67 / Chapter 10 / Section 67-1054
67-1054 STATE TREASURER A DEFAULTER — REPORT TO GOVERNOR — REMOVAL FROM OFFICE.
Status: in_force

67-1054. State treasurer a defaulter — Report to governor — Removal from office. If, at any time, upon an examination being made by the state controller of the books and accounts of the state treasurer, and the funds under his control, it shall be found that the state treasurer is a defaulter, it shall be the duty of the state controller to at once report such fact to the governor who shall have authority upon receiving such report to at once suspend the treasurer, and to appoint a treasurer temporarily, and to continue such suspension until such defalcation shall have been made good: provided, however, that in case it shall appear to the satisfaction of the governor that such defalcation cannot be made good by the state treasurer, he shall have authority to declare said office vacant, and fill the same by appointment as in case of other vacancies.

History:

[(67-1054) 1905, p. 389, sec. 18; reen. R.C., sec. 187; am. C.L. 12:18; C.S., sec. 302; am. 1923, ch. 164, sec. 15, p. 248; I.C.A., sec. 65-2619; I.C., sec. 67-2721; I.C., sec. 67-1034 as changed and amended by 1974, ch. 24, sec. 13, p. 749; am. and redesig. 1994, ch. 181, sec. 28, p. 587.]
Idaho Code § 67-504 — Idaho Code / Title 67 / Chapter 5 / Section 67-504
67-504 RETURN OF BILL DURING ADJOURNMENT.
Status: in_force

67-504. Return of bill during adjournment. If, on the day the governor desires to return a bill without his approval and with his objections thereto to the house in which it originated, that house has adjourned for the day (but not for the session), he may deliver the bill with his message to the presiding officer, clerk, or any member of such house, and such delivery is as effectual as though returned in open session, if the governor, on the first day the house is again in session, by message notifies it of such delivery, and of the time when, and the person to whom, such delivery was made.

History:

[(67-504) R.S., sec. 153; reen. R.C. & C.L., sec. 66; C.S., sec. 107; I.C.A., sec. 65-504.]
Idaho Code § 67-3003 — Idaho Code / Title 67 / Chapter 30 / Section 67-3003
67-3003 DUTIES OF THE DEPARTMENT.
Status: in_force

67-3003. Duties of the department. (1) The department shall establish a bureau of criminal identification to:

(a) Serve as the state's central repository of criminal history records;

(b) Conduct criminal background checks as authorized by law or rule and provide fingerprint identification services;

(c) Obtain and electronically file information relating to in-state stolen vehicles and in-state wanted persons;

(d) Establish and maintain an automated fingerprint identification system;

(e) Establish a uniform crime reporting system for the periodic collection and reporting of crimes, and compile and publish statistics and other information on the nature and extent of crime in the state;

(f) Maintain, pursuant to department rule, other identification information, which may include, but is not limited to, palm prints and photographs;

(g) Cooperate with other criminal justice agencies of the state, state and federal courts, the criminal records repositories of other states, the federal bureau of investigation criminal justice information services, the national law enforcement telecommunications system, and other appropriate agencies and systems, in the operation of an effective interstate and national system of criminal identification, records and statistics;

(h) Develop and implement a training program to assist criminal justice agencies with the recordkeeping and reporting requirements of this chapter; and

(i) Obtain and electronically transmit to the national instant criminal background check system (NICS), in accordance with federal law, information relating to eligibility to receive or possess a firearm pursuant to state or federal law. Upon notification to the department that the basis for which any such information previously transmitted to the NICS does not apply or no longer applies, the department shall, as soon as practicable, notify the NICS of such change and shall update, correct, modify or remove such information from the NICS database.

(2) In accordance with chapter 52, title 67, Idaho Code, the department may adopt rules necessary to implement the provisions of this chapter. Rules relating to information maintained and reported by the court shall be made after consultation with and approval by the Idaho supreme court.

History:

[67-3003, added 1999, ch. 249, sec. 2, p. 640; am. 2010, ch. 267, sec. 2, p. 675.]
Idaho Code § 67-6520 — Idaho Code / Title 67 / Chapter 65 / Section 67-6520
67-6520 HEARING EXAMINERS.
Status: in_force

67-6520. Hearing examiners. (1) Hearing examiners include professionally trained or licensed staff planners, attorneys, engineers, or architects. If authorized by local ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided in section 67-6509, Idaho Code, hearing examiners may be appointed by a governing board or zoning or planning and zoning commission for hearing applications for subdivisions, special use permits, variances and requests for rezoning which are in accordance with the plan. Notice, hearing, and records before the examiner shall be as provided in this chapter for the zoning or planning and zoning commission. Whenever a hearing examiner hears an application, he may, pursuant to local ordinance, grant or deny the application or submit a recommendation to the governing board or zoning or planning and zoning commission. His decision or recommendation shall specify:

(a) The ordinance and standards used in evaluating the application;

(b) The reasons for the recommendation or decision; and

(c) The actions, if any, that the applicant could take to obtain an approval.

(2) Every final decision shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may within twenty-eight (28) days after all appellate remedies have been exhausted under local ordinance seek judicial review as provided by chapter 52, title 67, Idaho Code.

History:

[67-6520, added I.C., sec. 67-6520, as added by 1975, ch. 188, sec. 2, p. 515; am. 1992, ch. 269, sec. 7, p. 836; am. 1993, ch. 216, sec. 112, p. 678; am. 1996, ch. 150, sec. 1, p. 488; am. 1999, ch. 396, sec. 14, p. 1110; am. 2010, ch. 175, sec. 2, p. 360.]
Idaho Code § 67-5207A — Idaho Code / Title 67 / Chapter 52 / Section 67-5207A
67-5207A POLICY STATEMENTS — GUIDANCE DOCUMENTS.
Status: in_force

67-5207A. policy statements — guidance documents. Agency policy statements and guidance documents shall not have the force and effect of law.

History:

[67-5207A, added 2023, ch. 252, sec. 1, p. 769.]
Idaho Code § 67-6416 — Idaho Code / Title 67 / Chapter 64 / Section 67-6416
67-6416 REFUNDING OBLIGATIONS — USE OF PROCEEDS.
Status: in_force

67-6416. Refunding obligations — Use of proceeds. Refunding obligations issued as provided in section 67-6412 may be sold or exchanged for outstanding obligations issued under this act and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of such outstanding obligations. Pending the application of the proceeds of any such refunding obligations, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing the same, to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by the United States of America which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.

History:

[67-6416, added 1974, ch. 111, sec. 16, p. 1263.]
Idaho Code § 67-7032 — Idaho Code / Title 67 / Chapter 70 / Section 67-7032
67-7032 OWNER'S RESPONSIBILITY — PRESUMPTION OF CONSENT.
Status: in_force

67-7032. Owner's responsibility — Presumption of consent. (1) The owner of the vessel shall be liable for any injury or damage occasioned by the negligent operation of it, whether the negligence consists of a violation of the provisions of law, or in the failure to observe ordinary care in the operation as the rules of the road require. It shall be presumed a vessel is being operated with the knowledge and consent of the owner if, at the time of the injury or damage, it is under the control of the owner's spouse, father, mother, brother, sister, son, or daughter, or other immediate member of the family. The owner shall not otherwise be liable, however, unless the vessel is being used with his consent, either expressed or implied.

(2) Nothing contained herein shall be construed to relieve any other person from any liability which he would have otherwise had, but nothing contained herein shall be construed to authorize or permit any recovery in excess of injury or damage actually incurred.

(3) Nothing contained herein shall deprive the owner of any vessel of any of the rights, limitations or exemptions from liability afforded such owner under any federal statutes.

History:

[67-7032, added 1986, ch. 207, sec. 2, p. 529.]
Idaho Code § 67-5207 — Idaho Code / Title 67 / Chapter 52 / Section 67-5207
67-5207 SHORT TITLE.
Status: in_force

67-5207. Short title. This chapter may be cited as the "Idaho Administrative Procedure Act."

History:

[67-5207, added 1992, ch. 263, sec. 8, p. 793.]
Idaho Code § 67-1214 — Idaho Code / Title 67 / Chapter 12 / Section 67-1214
67-1214 DELIVERY OF BONDS SOLD OUTSIDE STATE.
Status: in_force

67-1214. Delivery of bonds sold outside state. Whenever bonds sold by the state of Idaho are to be delivered to the purchasers outside the state capital, the state treasurer is authorized and empowered to deliver the said bonds through the agency of any bank qualified as a depository of state moneys. The treasurer, upon deposit of the said bonds with such bank for delivery, shall take a receipt therefor under the seal of the bank, and such receipt shall, pending the payment to the state treasurer of the moneys due from the sale of the said bonds, be a sufficient accounting for the bonds on the part of the treasurer.

History:

[(67-1214) 1909, p. 361, sec. 1; reen. C.L., sec. 126a; C.S., sec. 170; I.C.A., sec. 65-1114.]
Idaho Code § 67-2914 — Idaho Code / Title 67 / Chapter 29 / Section 67-2914
67-2914 IDAHO LAW ENFORCEMENT FUND ESTABLISHED.
Status: in_force

67-2914. Idaho law enforcement fund established. For the purposes of the Idaho state police, there is established in the state treasury of the state of Idaho the Idaho law enforcement fund, to which shall be deposited funds as provided by law.

History:

[(67-2914) I.C. 49-1301, as added by 1983, ch. 179, sec. 5, p. 487; am. 1984, ch. 195, sec. 28, p. 445; am. 1985, ch. 253, sec. 6, p. 497; am. & redesig. 1988, ch. 265, sec. 582, p. 878; am. and redesig. 1995, ch. 116, sec. 16, p. 396; am. 2000, ch. 469, sec. 13, p. 1465; am. 2009, ch. 333, sec. 5, p. 970; am. 2011, ch. 68, sec. 4, p. 143.]
Idaho Code § 67-7437 — Idaho Code / Title 67 / Chapter 74 / Section 67-7437
67-7437 PRIZES.
Status: in_force

67-7437. Prizes. Except as otherwise provided in this section, any prize won under this chapter is not assignable. If the prize winner dies before the prize is paid, the prize shall be paid to the estate of the prize winner. A prize is subject to garnishment and recovery for unpaid taxes, child or spousal support or public assistance benefits paid and recoverable by the state or any county, or by a person pursuant to a judgment and execution under an order of the court. A prize shall also be subject to immediate withholding and set-off to collect any support delinquency or state taxes owed upon notification from the department of health and welfare pursuant to section 56-203E, Idaho Code, or the state tax commission pursuant to section 63-3060, Idaho Code. The state lottery shall not pay a prize claim until the lottery ticket or share has passed the validation tests established by the state lottery.

No prize shall be paid arising from claimed tickets or shares that are stolen, counterfeit, altered, fraudulent, unissued, produced or issued in error, unreadable, not received or not recorded by the state lottery by applicable deadlines, lacking in captions that confirm and agree with the state lottery play symbols as appropriate to the game involved, or not in compliance with such additional specific rules and regulations and public or confidential validation and security tests of the state lottery appropriate to the particular lottery game involved. Confidential validation or security tests shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

No particular prize in any lottery game may be paid more than once, and in the event of a binding determination that more than one (1) claimant is entitled to a particular prize, the sole remedy of such claimants is the award to each of them an equal share in the prize.

History:

[67-7437, added 1988, ch. 232, sec. 2, p. 458; am. 1989, ch. 352, sec. 21, p. 890; am. 1990, ch. 153, sec. 1, p. 338; am. 1990, ch. 213, sec. 101, p. 560; am. 2013, ch. 250, sec. 2, p. 609; am. 2015, ch. 141, sec. 186, p. 527.]
Idaho Code § 67-2616 — Idaho Code / Title 67 / Chapter 26 / Section 67-2616
67-2616 DIVISION PROCEEDINGS AGAINST A LICENSE, PERMIT, CERTIFICATE, OR REGISTRATION.
Status: in_force

67-2616. DIVISION PROCEEDINGS AGAINST A LICENSE, PERMIT, CERTIFICATE, OR REGISTRATION. (1) Every board, commission, program, and committee administered by the division shall have the power to hold and conduct hearings pursuant to chapter 52, title 67, Idaho Code, administer oaths, issue subpoenas, take depositions of witnesses, and require the attendance of such witnesses and the production of records. Fees and mileage of the witnesses shall be the same as that allowed in the district courts in criminal cases. In the event of disobedience to or neglect of any subpoena or the refusal of any witness to testify, it shall be the duty of the district court to compel obedience.

(2) The division may maintain an action on behalf of any board, commission, program, or committee administered by the division to enjoin any person from persisting in committing any act that constitutes a violation of the applicable practice act. The division shall bring such action in district court by filing a verified complaint. Upon a finding that the violation is likely to continue, the court may issue a temporary writ enjoining the respondent from the act or acts constituting the violation, and the matter shall proceed in the same manner as other injunction proceedings.

(3) Upon a finding that a respondent has violated any of the provisions of any applicable practice act, regulation, or professional standard generally accepted in the community relevant to the respondent's profession or occupation, the board, commission, program, or committee shall have power to enter or seek an order of formal discipline, including any or all of the following:

(a) Refusing to renew or reinstate the respondent's license, permit, certificate, or registration;

(b) Revoking the respondent's license, permit, certificate, or registration;

(c) Suspending for a definite period of time the respondent's license, permit, certificate, or registration;

(d) Otherwise restricting for a definite period of time the respondent's license, permit, certificate, or registration;

(e) Requiring rehabilitation, education, or training;

(f) Issuing a public reprimand;

(g) Requiring restitution for losses suffered or reimbursement for any damages incurred as a result of a violation of the applicable practice act;

(h) Imposing an administrative fine not to exceed one thousand dollars ($1,000) for each count or offense, unless otherwise provided in the board, commission, program, or committee statutes or rules; and

(i) Assessing costs and attorney's fees against the respondent for any investigation or administrative proceeding.

(4) All disciplinary actions imposed pursuant to this section shall be subject to and consistent with the disciplinary standards, procedures, and limitations set forth in the applicable practice act governing the board, commission, program, or committee. Nothing in this section shall be construed to expand, supersede, or eliminate any progressive, tiered, or board-specific disciplinary process established in such practice act.

(5) Any formal disciplinary action taken pursuant to this section shall be conducted in accordance with the contested case provisions of chapter 52, title 67, Idaho Code.

(6) Every board, commission, program, and committee may accept a voluntary surrendering of a license or seek informal disposition of a disciplinary matter by negotiation, stipulation, agreed settlement, or consent order imposing any penalties as set forth in subsection (3) of this section. Pursuant to the terms of the informal disposition, the matter may remain confidential and exempt from disclosure under the Idaho public records act, but a status report shall be provided to the original complainant upon request.

(7) In addition to any of the grounds for professional discipline provided in the applicable practice act, each board, commission, program, and committee administered by the division shall also have the power to enter or seek an order for:

(a) Committing or aiding and abetting unlicensed practice in this state;

(b) The failure of an applicant or licensee to cooperate with an investigation; or

(c) The failure of an applicant or licensee to continue to meet any requirements for initial licensure.

(8) Each board, commission, program, and committee shall maintain jurisdiction over every license, permit, certificate, and registration, including those that lapse due to nonrenewal. The existence or status of the license, permit, certificate, or registration shall not affect the jurisdiction of any such board, commission, program, or committee over violations of the applicable practice act, regulations, or standards.

(9) Any person may file a complaint with the relevant board, commission, program, or committee against anyone who has been issued a license, permit, certificate, or registration by the relevant board, commission, program, or committee charging that person with violation of the provisions of any applicable practice act, regulation, or professional standard generally accepted in the community relevant to the respondent's profession or occupation. The complaint shall specify charges in sufficient detail so as to disclose to the respondent the alleged acts of misconduct for which the respondent is charged. Upon receiving a complaint, the board, commission, program, or committee shall notify the respondent holding the license, permit, certificate, or registration of the complaint and shall request a response from the respondent. If the board, commission, program, or committee determines that it lacks jurisdiction over the matters in a complaint, it shall communicate such to the original complainant. Each board, commission, program, and committee shall keep an information file about each complaint filed with them, which shall be exempt from disclosure pursuant to sections 67-2615 and 74-106, Idaho Code. The information in each complaint file shall contain complete, current, and accurate information, including but not limited to:

(a) All persons contacted in relation to the complaint;

(b) A summary of the findings made at each step of the complaint process;

(c) An explanation of the legal basis and reason for a complaint that is dismissed; and

(d) Any other relevant information.

(10) Each board, commission, program, and committee may refer a complaint for a criminal violation of any section of this or any other applicable chapter to the prosecuting attorney of the county in which the criminal violation occurred. The prosecuting attorney of each county in the state may prosecute all criminal violations of this chapter or any other applicable chapter within the respective counties in which such violations occur.

History:

[67-2616, added 2026, ch. 221, sec. 31, p. 957.]
Idaho Code § 67-2611 — Idaho Code / Title 67 / Chapter 26 / Section 67-2611
67-2611 ISSUANCE OF LICENSES — ISSUANCE OF DUPLICATE — FEE.
Status: in_force

67-2611. issuance of licenses — issuance of duplicate — fee. (1) All certificates, licenses, and authorities, upon written application of the owner of a certificate, license, or authority, shall be issued by the division of occupational and professional licenses in the name of such division, with the Idaho state seal attached.

(2) The division of occupational and professional licenses may assess a reasonable fee for the issuance of an original or duplicate certificate, license, or authority.

History:

[67-2611, added 2020, ch. 96, sec. 15, p. 253.]
Idaho Code § 67-5272 — Idaho Code / Title 67 / Chapter 52 / Section 67-5272
67-5272 VENUE — FORM OF ACTION.
Status: in_force

67-5272. Venue — Form of action. (1) Except when required by other provision of law, proceedings for review or declaratory judgment are instituted by filing a petition in the district court of the county in which:

(a) the hearing was held; or

(b) the final agency action was taken; or

(c) the aggrieved party resides or operates its principal place of business in Idaho; or

(d) the real property or personal property that was the subject of the agency decision is located.

(2) When two (2) or more petitions for judicial review of the same agency action are filed in different counties or are assigned to different district judges in the same county, upon motion filed by any party to any of the proceedings for judicial review of the same agency action, the separate consideration of the petitions in different counties or by different district judges shall be stayed. The administrative judge in the judicial district in which the first petition was filed, after appropriate consultation with the affected district judges and the affected administrative judges, shall then order consolidation of the judicial review of the petitions before one (1) district judge in one (1) county in which a petition for judicial review was properly filed, at which time the stay shall be lifted.

History:

[67-5272, added 1992, ch. 263, sec. 44, p. 812; am. 1995, ch. 270, sec. 4, p. 870.]
Idaho Code § 67-7303 — Idaho Code / Title 67 / Chapter 73 / Section 67-7303
67-7303 IDAHO STATE COUNCIL FOR THE DEAF AND HARD OF HEARING CREATED.
Status: in_force

67-7303. Idaho state council for the deaf and hard of hearing created. (1) The Idaho state council for the deaf and hard of hearing is hereby created. The council shall be the interdepartmental and interagency planning and advisory body for the departments and agencies of the state for programs and services affecting persons who are deaf or hard of hearing.

(2) For budgetary purposes and for administrative support purposes, the council shall be assigned, by the governor, to a department or office within the state government. However, this assignment shall not interfere with the interdepartmental and interagency planning, coordinating, influencing, evaluating and monitoring functions of the council.

History:

[67-7303, added 1991, ch. 122, sec. 1, p. 266; am. 2020, ch. 12, sec. 9, p. 27.]
Idaho Code § 67-2326 — Idaho Code / Title 67 / Chapter 23 / Section 67-2326
67-2326 JOINT ACTION BY PUBLIC AGENCIES — PURPOSE.
Status: in_force

67-2326. Joint action by public agencies — Purpose. It is the purpose of this act to permit the state and public agencies to make the most efficient use of their powers by enabling them to cooperate to their mutual advantage and thereby provide services and facilities and perform functions in a manner that will best accord with geographic, economic, population, and other factors influencing the needs and development of the respective entities.

History:

[67-2326, added 1970, ch. 38, sec. 1, p. 82.]
Idaho Code § 67-7034 — Idaho Code / Title 67 / Chapter 70 / Section 67-7034
67-7034 PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES.
Status: in_force

67-7034. Persons under the influence of alcohol, drugs or any other intoxicating substances.

(1) (a) It is unlawful for any person who is under the influence of alcohol, drugs or any other intoxicating substances, or who has an alcohol concentration of 0.08, as defined in subsection (5) of this section, or more, as shown by analysis of his blood, urine, breath, or other bodily substance, to operate or be in actual physical control of a vessel on the waters of the state of Idaho.

(b) It is unlawful for any person under twenty-one (21) years of age who has an alcohol concentration of at least 0.02 but less than 0.10, as defined in subsection (5) of this section, to operate or be in actual physical control of a vessel on the waters of the state.

(2) Any person having an alcohol concentration of less than 0.08, as defined in subsection (5) of this section, as shown by analysis of his blood, urine, breath, or other bodily substance, by a test requested by an authorized law enforcement officer shall not be prosecuted for operating under the influence of alcohol, except as provided in subsection (1)(a) and subsection (3) of this section. Any person who does not take a test to determine alcohol concentration or whose test result is determined by the court to be unreliable or inadmissible against him, may be prosecuted for operating or being in actual physical control of a vessel while under the influence of alcohol, drugs, or any other intoxicating substances, or other competent evidence.

(3) If the results of the test requested by an authorized law enforcement officer show a person's alcohol concentration of less than 0.08, as defined in subsection (5) of this section, such fact may be considered with other competent evidence of drug use other than alcohol in determining the guilt or innocence of the defendant. This subsection does not preclude prosecution for alcohol intoxication for persons described in subsection (1)(b) of this section.

(4) Persons authorized to withdraw blood for the purposes of determining content of alcohol or other intoxicating substances are those persons authorized in section 18-8003, Idaho Code. Immunity from liability in any civil proceeding for specified causes of action shall be extended to personnel as provided in section 18-8002, Idaho Code.

(5) For purposes of this chapter, an evidentiary test for alcohol concentration is a determination of the percent by weight of alcohol in blood and shall be based upon a formula of grams of alcohol per one hundred (100) cubic centimeters of blood, per two hundred ten (210) liters of breath or sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath for the purpose of determining the blood alcohol concentration shall be performed by a laboratory operated by the Idaho state police or by a laboratory approved by the Idaho state police under the provisions of approval and certification standards to be set by that department, or by any other method approved by the Idaho state police. Notwithstanding any other provision of law or rule of court, the results of any test for alcohol concentration and records relating to calibration, approval, certification or quality control performed by a laboratory operated or approved by the Idaho state police or by any other method approved by the Idaho state police shall be admissible in any proceeding in this state without the necessity of producing a witness to establish the reliability of the testing procedure for examination.

(6) It is unlawful for any person who is an habitual user of, or under the influence of any narcotic drug, or who is under the influence of any other drug or any combination of alcohol and any drug to a degree which renders him incapable of safely operating a vessel to operate or be in actual physical control of a vessel on the waters of the state of Idaho. The fact that any person charged with a violation of the provisions of this subsection is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of a violation of the provisions of this subsection.

(7) Notwithstanding any other provision of law, any evidence of conviction under this section shall be admissible in any civil action for damages resulting from the occurrence. A conviction for the purposes of this section means that the person has pled guilty or has been found guilty, notwithstanding the form of the judgment or withheld judgment.

History:

[67-7034, added 1988, ch. 368, sec. 2, p. 1086; am. 1989, ch. 387, sec. 1, p. 964; am. 1992, ch. 133, sec. 3, p. 420; am. 1997, ch. 101, sec. 3, p. 234; am. 1997, ch. 158, sec. 3, p. 461; am. 2000, ch. 469, sec. 137, p. 1597.]
Idaho Code § 67-4501 — Idaho Code / Title 67 / Chapter 45 / Section 67-4501
67-4501 STATE BIRD DESIGNATED.
Status: in_force

67-4501. State bird designated. The Mountain Bluebird (Sialia currucoides) is hereby designated and declared to be the state bird of the state of Idaho.

History:

[(67-4501) 1931, ch. 64, sec. 1, p. 113; I.C.A., sec. 65-4201; am. 2015, ch. 244, sec. 56, p. 1037.]
Idaho Code § 67-7077 — Idaho Code / Title 67 / Chapter 70 / Section 67-7077
67-7077 OPERATION OF VESSELS.
Status: in_force

67-7077. Operation of vessels. It shall be unlawful for any person to operate any vessel on the water of this state:

(a) In a negligent manner as prescribed in section 67-7017, Idaho Code, while within one hundred (100) feet of another vessel; or

(b) At a speed greater than no wake or five (5) miles per hour while within one hundred (100) feet of a dock, swimmer or other person in the water, except when safely pulling a water skier from a dock, or when safely dropping off a water skier at or near a dock, or when the swimmer or other person in the water is the vessel's water skier. Except when dropping off a skier at or near a dock all efforts shall be made to reasonably minimize the time and distance the vessel shall travel inside the one hundred (100) foot zone while operating at speeds greater than no wake or five (5) miles per hour.

History:

[67-7077, added 1996, ch. 335, sec. 4, p. 1135; am. 1997, ch. 216, sec. 3, p. 638; am. 1998, ch. 232, sec. 1, p. 790; am. 2003, ch. 232, sec. 1, p. 592.]
Idaho Code § 67-429C — Idaho Code / Title 67 / Chapter 4 / Section 67-429C
67-429C AMENDMENT OF STATE-TRIBAL GAMING COMPACTS.
Status: in_force

67-429C. Amendment of state-tribal gaming compacts. (1) Any tribe with an existing state-tribal gaming compact may amend its compact through the procedure set forth in subsection (2) below to incorporate all of the following terms:

(a) As clarified by this compact amendment, the tribe is permitted to conduct gaming using tribal video gaming machines as described in Section 67-429B, Idaho Code.

(b) In the 10 years following incorporation of this term into its compact, the number of tribal video gaming machines the tribe may possess is limited to the number of tribal video gaming machines possessed by the tribe as of January 1, 2002, plus 25% of that number; provided, however, that no increase in any single year shall exceed 5% of the number possessed as of January 1, 2002. Thereafter, the tribe may operate such additional tribal video gaming machines as are agreed to pursuant to good faith negotiations between the state and the tribe under a prudent business standard.

(c) To the extent such contributions are not already required under the tribe's existing compact, the tribe agrees to contribute 5% of its annual net gaming income for the support of local educational programs and schools on or near the reservation. The tribe may elect to contribute additional sums for these or other educational purposes. Disbursements of these funds shall be at the sole direction of the tribe.

(d) The tribe agrees not to conduct gaming outside of Indian lands.

(2) To amend its compact to incorporate the terms set forth in subsection (1) above, a tribe shall deliver to the Secretary of State a tribal resolution signifying the tribe's acceptance of the terms. Immediately upon delivery of such tribal resolution to the Secretary of State, (a) the tribe's state-tribal gaming compact shall be deemed amended to incorporate the terms; (b) the tribe's compact as so amended shall be deemed approved by the state in accordance with Section 67-429A, Idaho Code, without the need for further signature or action by the executive or legislative branches of state government, and (c) except to the extent federal government approval is required, the newly incorporated compact terms shall be deemed effective immediately.

(3) Nothing in this section shall be construed to (a) indicate that any gaming activity currently conducted by any tribe is unauthorized or otherwise inappropriate under Idaho law or the tribe's existing compact, or (b) prohibit a tribe from negotiating with the state for an initial compact or a compact amendment regarding tribal video gaming machines or any other matter through a procedure other than the procedure specified in subsection (2) above or which contains terms different than those specified in subsection (1) above.

History:

[67-429C, Init Measure 2003, No. 1, sec. 4, p. 1067.]
Idaho Code § 67-4919 — Idaho Code / Title 67 / Chapter 49 / Section 67-4919
67-4919 EXCLUSION OF PROPERTY PETITIONED — HEARING — ORDER.
Status: in_force

67-4919. Exclusion of property petitioned — Hearing — Order. The owner or owners in fee of any real property constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from said district. Petitions shall describe the property which the petitioners desire to have excluded. Such petition must be acknowledged in the same manner and form as required in case of a conveyance of land and be accompanied by a deposit of money sufficient to pay all costs of the exclusion proceedings. The secretary of the board shall cause a notice of filing of such petition to be published in the county in which said property or the major portion thereof is located. The notice shall state the filing of such petition, the names of petitioners, description of the property mentioned in said petition, and the prayer of said petitioners; and it shall notify all persons interested to appear at the office of said board at the time named in said notice, showing cause in writing, if any they have, why said petition should not be granted. The board at the time and place mentioned in the notice, or at the time or times at which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any person showing cause as aforesaid, why the prayer of the petition should not be granted. The filing of such petition shall be deemed and taken as an assent by each and all such petitioners to the exclusion from the district of the property mentioned in the petition or any part thereof. The board, if it deems it not for the best interests of the district that the property mentioned in the petition, or portion thereof, shall be excluded from the district, shall order that said petition be denied, but if it deems it for the best interest of the district that the property mentioned in the petition, or some portion thereof, be excluded from the district, then the board may order the property mentioned in the petition or some portion thereof, excluded from the district. Upon allowance of such petition, the board shall file a certified copy of the order of the board making such a change with the clerk of the court and upon order of the court said property shall be excluded from the district.

History:

[67-4919, added 1959, ch. 137, sec. 19, p. 299.]
Idaho Code § 67-2006 — Idaho Code / Title 67 / Chapter 20 / Section 67-2006
67-2006 TRAVEL EXPENSE — VOUCHERS.
Status: in_force

67-2006. Travel expense — Vouchers. On all vouchers submitted for travel expenses, there must appear a certificate signed by the head of the department for which the travel was performed, stating that the travel was performed under competent orders, the purpose for which it was undertaken, and that the same was necessary in the public service. The person submitting a voucher for travel expenses must sign thereon a certificate that the account is correct and just.

History:

[(67-2006) R.C., sec. 145c, as added by 1913, ch. 15, sec. 3, p. 56; reen. C.L. 11:5; C.S., sec. 234; am. 1927, ch. 201, sec. 1, p. 279; I.C.A., sec. 65-2005.]
Idaho Code § 67-8105 — Idaho Code / Title 67 / Chapter 81 / Section 67-8105
67-8105 NOTICE OF GRANT AND LOAN APPLICATION PERIOD — PRIORITIES — CRITERIA FOR EVALUATION.
Status: in_force

67-8105. Notice of grant and loan application period — Priorities — Criteria for evaluation. (1) During each calendar year in which funds are available for use by the association from the housing trust fund, the association shall announce to all known interested parties and through major media in each of the seven (7) planning regions of the state, the grant and loan application period specified in the current allocation plan of the advisory commission in the manner specified in the allocation plan.

(2) The association shall give preference for applications based on the following criteria or other criteria:

(a) The degree funds will be used to match other funds;

(b) Recipient contributions to total project costs and contributions from other sources such as professional, craft and trade services, as well as lender interest rate subsidies;

(c) Local government project contributions in the form of infrastructure improvements, fee waivers and others;

(d) Projects that encourage ownership, management, and other project-related responsibility opportunities for tenants;

(e) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at least forty (40) years;

(f) The demonstrated ability, stability and resources to implement the project;

(g) Projects which demonstrate serving the greatest need;

(h) Projects that provide housing for persons and families with the lowest incomes; and

(i) Projects to be owned by nonprofit organizations.

History:

[67-8105, added 1992, ch. 267, sec. 1, p. 826; am. 1996, ch. 253, sec. 36, p. 833.]
Idaho Code § 67-5708 — Idaho Code / Title 67 / Chapter 57 / Section 67-5708
67-5708 LEASING OF FACILITIES FOR STATE USE — CONTROL OF PARKING.
Status: in_force

67-5708. Leasing of facilities for state use — Control of parking. (1) The department of administration shall negotiate for, approve, and make any and all lease or rental agreements for facilities to be used by the various state departments, agencies and institutions in the state of Idaho.

(2) For purposes of this section and sections 67-5708A and 67-5709, Idaho Code, the term "facility or facilities" may be used interchangeably and shall mean real property and improvements, including buildings and structures of any kind, excluding water rights not appurtenant to other facilities, and state endowment lands.

(3) The department of administration shall manage multiagency facilities constructed, acquired or refurbished through the state building authority as established in chapter 64, title 67, Idaho Code, and shall sublease the facilities to various state departments, agencies, and institutions in the state of Idaho. The department of administration is directed to operate any facilities acquired for the state and to enter into rental contracts and lease agreements consistent with the use of the facilities for state purposes when so authorized.

(4) The director may authorize and enter into leases of state capitol mall real estate and multi-agency facilities constructed through the state building authority, not needed for state purposes, to other governmental entities or to nonprofit organizations upon such terms as are just and equitable.

(5) The administrator of the division of public works may promulgate rules for the control of the parking of motor vehicles in the state capitol mall.

(a) Any person who shall violate any of the provisions of the rules shall be subject to a fine of not less than two dollars ($2.00) nor more than twenty-five dollars ($25.00); provided however, that any person who shall violate any of the provisions of the rules concerning the altering, counterfeiting or misuse of parking permits shall be subject to a fine of not more than fifty dollars ($50.00).

(b) Every magistrate and every court having jurisdiction of criminal offenses and the violation of public laws committed in the county of Ada shall have jurisdiction to hear and determine violations of the provisions of the rules and to fix, impose and enforce payment of fines therefor. Alleged violations of the parking rules are not subject to the provisions of chapter 52, title 67, Idaho Code.

(6) The administrator of the division of public works may contract with a public or private entity for the rental of parking facilities in the capitol mall outside of state of Idaho office hours as defined in section 59-1007, Idaho Code, and for special events as declared by the director. The department of administration may pay costs incurred in the operation and management of those properties from rents received therefrom.

(7) When a facility of the state of Idaho is authorized by concurrent resolution, and a maximum cost for the facility has been set by concurrent resolution, the administrator of the division of public works may enter into lease-purchase or other time-purchase agreements with the Idaho state building authority or other party for the facility. The director may authorize the division of public works to enter into leases incidental to the acquisition of such a facility by the Idaho state building authority.

History:

[67-5708, added 1974, ch. 34, sec. 2, p. 988; am. 1976, ch. 142, sec. 1, p. 527; am. 1981, ch. 330, sec. 1, p. 691; am. 1987, ch. 314, sec. 1, p. 657; am. 1994, ch. 176, sec. 1, p. 403; am. 1996, ch. 183, sec. 1, p. 579; am. 1998, ch. 149, sec. 1, p. 519; am. 2017, ch. 329, sec. 1, p. 863; am. 2020, ch. 46, sec. 1, p. 112.]
Idaho Code § 67-4922 — Idaho Code / Title 67 / Chapter 49 / Section 67-4922
67-4922 SUBMISSION OF PROPOSITION TO ELECTORATE.
Status: in_force

67-4922. Submission of proposition to electorate. Whenever any board authorized to levy and collect property taxes shall, by resolution, determine that the interest of said district and the public interest or necessity demand the acquisition, construction, installation or completion of any works or other improvements or facilities, or the making of any contract with the United States or other persons or corporations, public or private, municipalities, or governmental subdivisions, to carry out the objects or purposes of said district, requiring the creation of an indebtedness of seventy-five thousand dollars ($75,000) or more, and in any event when the indebtedness will exceed the income and revenue provided for the year, said board shall order the submission of the proposition of issuing such obligations or bonds, or creating other indebtedness to the qualified electors of the district at an election held for that purpose. The declaration of public interest or necessity herein required and the provision for the holding of such election may be included within one and the same resolution, which resolution, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the amount of principal of the indebtedness to be incurred therefor, and the maximum rate of interest to be paid on such indebtedness. Such resolution shall also fix the date upon which such election shall be held, subject to the provisions of section 34-106, Idaho Code, and the manner of holding the same in accordance with the provisions of title 34, Idaho Code, and the method of voting for or against the incurring of the proposed indebtedness. Such resolution shall direct the county clerk to designate the polling place or places, and appoint judges of each polling place.

History:

[67-4922, added 1959, ch. 137, sec. 22, p. 299; am. 1974, ch. 139, sec. 3, p. 1343; am. 1987, ch. 70, sec. 14, p. 137; am. 1995, ch. 118, sec. 93, p. 505; am. 2009, ch. 341, sec. 150, p. 1072.]
Idaho Code § 67-7705 — Idaho Code / Title 67 / Chapter 77 / Section 67-7705
67-7705 QUORUM — MEETINGS — MINUTES — COMPENSATION.
Status: in_force

67-7705. Quorum — Meetings — Minutes — Compensation. A majority of the qualified membership of the bingo-raffle advisory board is a quorum. The advisory board may not act unless at least four (4) members agree. The advisory board shall meet at least three (3) times per year, and may meet more often as it deems necessary. Written notice of the time and place of each meeting shall be given to each board member. The advisory board shall select or elect one (1) of its members to be chairman, one (1) of its members to be vice-chairman and one (1) of its members to be secretary. The secretary of the advisory board shall promptly send the lottery commission a certified copy of the minutes of each meeting of the advisory board. The minutes shall include a copy of the current recommendations of the board, including recommended administrative rules. Members of the bingo-raffle advisory board shall receive compensation as provided in section 59-509(b), Idaho Code. Members are entitled to reimbursement for reasonable travel expenses incurred in the performance of their duties as a member, as provided by law.

History:

[67-7705, added 1995, ch. 350, sec. 4, p. 1154; am. 1996, ch. 382, sec. 3, p. 1297; am. 2000, ch. 340, sec. 4, p. 1138.]
Idaho Code § 67-404b — Idaho Code / Title 67 / Chapter 4 / Section 67-404b
67-404b RULES.
Status: in_force

67-404b. Rules. At the beginning of the first regular session, or at the organizational session, of each legislature, both houses shall adopt permanent rules of procedures. The rules in effect at the last regular session of the immediately preceding legislature shall serve as the temporary rules of the legislature until the adoption of permanent rules.

History:

[67-404b, added I.C., sec. 67-404b, as added by 1970, ch. 33, sec. 2, p. 70.]
Idaho Code § 67-4742 — Idaho Code / Title 67 / Chapter 47 / Section 67-4742
67-4742 ANNUAL REPORTING BY DEPARTMENT.
Status: in_force

67-4742. ANNUAL REPORTING BY DEPARTMENT. (1) The department shall create an annual written report for the governor and the legislature describing:

(a) The department's success under this act in attracting new jobs;

(b) The estimated amount of tax credit commitments made by the department and the period of time over which tax credits will be paid;

(c) The economic impact on the state related to generating new state revenue and providing tax credits under this act;

(d) The estimated costs and economic benefits of the tax credit commitments that the department made; and

(e) The actual costs and economic benefits of the tax credit commitments the department made.

(2) On or before November 1, 2015, and every year thereafter, the department shall:

(a) Conduct an independent, third-party audit of the tax credits issued under this act;

(b) Evaluate the tax credits issued under this act and the effectiveness of the tax credits; and

(c) Make recommendations concerning whether the tax credits should be continued, modified or repealed.

(3) The audit as set forth herein shall include an evaluation of:

(a) The amount of tax credits granted; and

(b) The effectiveness of the department's internal controls within the application and approval process pursuant to this chapter.

(4) The results of such audit and the director's recommendations shall be forwarded in a timely manner to the office of the governor and to the appropriate legislative committee chairmen.

History:

[67-4742, added 2014, ch. 336, sec. 1, p. 832.]
Idaho Code § 67-510 — Idaho Code / Title 67 / Chapter 5 / Section 67-510
67-510 STATUTES AND RESOLUTIONS — WHEN EFFECTIVE.
Status: in_force

67-510. Statutes and resolutions — When effective. No act shall take effect until July 1 of the year of the regular session or sixty (60) days from the end of the session at which the same shall have been passed, whichever date occurs last, except in case of emergency, which emergency shall be declared in the preamble or body of the law.

Every joint resolution, unless a different time is prescribed therein, takes effect from its passage.

History:

[(67-510) R.S., sec.sec. 155, 156; compiled and reen. R.C., sec. 71; reen. C.L., sec. 71; C.S., sec. 113; I.C.A., sec. 65-510; am. 1972, ch. 176, sec. 1, p. 444.]
Idaho Code § 67-6415 — Idaho Code / Title 67 / Chapter 64 / Section 67-6415
67-6415 REFUNDING OBLIGATIONS — ISSUANCE.
Status: in_force

67-6415. Refunding obligations — Issuance. The authority may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and for any corporate purpose of the authority. The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect of the same shall be governed by the provisions of this chapter which relate to the issuance of obligations, insofar as such provisions may be appropriate therefor.

History:

[67-6415, added 1974, ch. 111, sec. 15, p. 1263.]
Idaho Code § 67-4408 — Idaho Code / Title 67 / Chapter 44 / Section 67-4408
67-4408 APPROPRIATION FOR OPERATION WHEN NOT LEASED.
Status: in_force

67-4408. Appropriation for operation when not leased. There is hereby continuously appropriated out of the Lava Hot Springs account the entire receipts of and from any sources whatsoever that may hereafter inure to the benefit of the Lava Hot Springs foundation through its operation of the property of the said foundation, bathing facilities, pleasure resort, hospital or sanitarium. The foundation may also expend any other moneys that may be appropriated, donated, bequeathed or granted for the use of the foundation, provided that the appropriation herein made shall not be effective or the funds appropriated available during any period when the provisions of the Lava Hot Springs foundation act, sections 67-4401 through 67-4405, Idaho Code, shall be suspended as herein provided.

History:

[67-4408, added 1943, ch. 164, sec. 3, p. 342; am. 1989, ch. 176, sec. 1, p. 428; am. 2021, ch. 169, sec. 2, p. 473.]
Idaho Code § 67-2809 — Idaho Code / Title 67 / Chapter 28 / Section 67-2809
67-2809 LEGISLATIVE INTENT — PUBLIC WORKS — AGREEMENTS — SAVINGS — SEVERABILITY.
Status: in_force

67-2809. legislative intent — public works — agreements — savings — severability. (1) It is the intent of the legislature to provide for the efficient and cost-effective procurement of goods and services by political subdivisions as market participants.

(2) Notwithstanding any other provision found in chapter 10, title 44, Idaho Code, chapter 28, title 67, Idaho Code, and chapter 57, title 67, Idaho Code, the following shall apply:

(a) This act shall be known as the "Open Access to Work Act."

(b) For purposes of this section, the following terms have the following meanings:

(i) "Political subdivision" means the state of Idaho, or any county, city, school district, sewer district, fire district or any other taxing subdivision or district of any public or quasi-public corporation of the state, or any agency thereof, or with any other public board, body, commission, department or agency, or officer or representative thereof;

(ii) "Public works" shall have the same meaning as that provided for "public works construction" in section 54-1901, Idaho Code.

(c) (i) Except as provided in subsection (2)(c)(ii) of this section or as required by federal or state law, the state or any political subdivision that contracts for the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works shall not require that a contractor, subcontractor, material supplier or carrier engaged in the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works pay its employees:

1. A predetermined amount of wages or wage rate; or

2. A type, amount or rate of employee benefits.

(ii) Subsection (2)(c)(i) of this section shall not apply when federal law requires the payment of prevailing or minimum wages to persons working on projects funded in whole or in part by federal funds.

(d) The state or any political subdivision that contracts for the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works or obligates funds pursuant to such a contract shall ensure that neither the awarding governmental entity nor any construction manager acting on the governmental entity's behalf shall:

(i) In its bid documents, specifications, project agreements or other controlling documents for a public works construction contract, require or prohibit bidders, offerors, contractors, subcontractors or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements or any other agreement with one (1) or more labor organizations on the same or other related construction projects;

(ii) Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one (1) or more labor organizations on the same or other related construction projects; or

(iii) Discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin unless permitted by an exception described in section 67-5909A, Idaho Code.

Nothing in subsection (2)(d) of this section shall prohibit bidders, offerors, contractors, subcontractors or material suppliers from voluntarily entering into agreements described in subparagraph (i) of this paragraph.

(e) Any interested party, which shall include a bidder, offeror, contractor, subcontractor or taxpayer, shall have standing to challenge any bid award, specification, project agreement, controlling document, grant or cooperative agreement that violates the provisions of this section, and such interested party shall be awarded costs and attorney's fees in the event that such challenge prevails.

(f) The provisions of this section apply to any contract executed after the effective date of this act.

(3) This act does not prohibit or interfere with the rights of employers or other parties to enter into agreements or engage in any other activity protected by the national labor relations act, 29 U.S.C. section 151, et seq.

(4) The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.

History:

[67-2809, added 2012, ch. 312, sec. 3, p. 861; am. 2020, ch. 331, sec. 3, p. 964.]
Idaho Code § 67-4112 — Idaho Code / Title 67 / Chapter 41 / Section 67-4112
67-4112 DEFINITIONS.
Status: in_force

67-4112. definitions. As used in this chapter:

(1) "Board" means the board of trustees of the Idaho state historical society.

(2) "Historical record" means any record, artifact, object, historical or archaeological site or structure, document, evidence or public or private writing pursuant to the provisions of title 9, Idaho Code, relevant to the history of the state of Idaho.

(3) "Idaho state historical society" and "society" mean the educational institution pursuant to chapter 41, title 67, Idaho Code. The society includes the Idaho state museum, the Idaho state archives and state records center, and operates in public trust state historic sites, including the old Idaho penitentiary, John and Ann Doney house, the Lorenzo Hill Hatch house, Franklin relic hall, Franklin cooperative mercantile institution, Rock Creek station and Stricker homesite, and Pierce courthouse.

History:

[67-4112, added 2009, ch. 167, sec. 3, p. 499; am. 2018, ch. 137, sec. 1, p. 283; am. 2026, ch. 296, sec. 2, p. 1221.]
Idaho Code § 67-7307 — Idaho Code / Title 67 / Chapter 73 / Section 67-7307
67-7307 RESPONSIBILITIES AND DUTIES.
Status: in_force

67-7307. Responsibilities and duties. The council shall:

(1) Work to increase access to employment, educational and social-interaction opportunities for deaf and hard of hearing individuals.

(2) Increase awareness of the needs of the deaf and hard of hearing through educational and informational programs.

(3) Encourage consultation and cooperation among departments, agencies and institutions serving the deaf and hard of hearing.

(4) Provide a network through which all state and federal programs dealing with deaf and hard of hearing individuals can be channeled.

(5) Determine the extent and availability of services to the deaf and hard of hearing, determine the need for further services and make appropriate recommendations to government officials to ensure that the needs of deaf and hard of hearing citizens are best served.

(6) Coordinate, advocate for, and recommend the development of public policies and programs that provide full and equal opportunity and accessibility for deaf and hard of hearing persons in Idaho.

(7) Monitor consumer protection issues that involve the deaf and hard of hearing population of the state of Idaho.

(8) Submit periodic reports to the governor, the legislature, and departments of state government on how current federal and state programs, rules, regulations, and legislation affect services to persons who are deaf or hard of hearing.

History:

[67-7307, added 1991, ch. 122, sec. 1, p. 267; am. 2020, ch. 12, sec. 11, p. 28.]
Idaho Code § 67-6301 — Idaho Code / Title 67 / Chapter 63 / Section 67-6301
67-6301 CONSTITUTIONAL DEFENSE COUNCIL CREATED — MEMBERS — POWERS — STAFF — FUND.
Status: in_force

67-6301. Constitutional defense council created — Members — Powers — Staff — Fund. (1) There is hereby created the constitutional defense council which shall consist of the governor, the president pro tempore of the senate, the speaker of the house of representatives and the attorney general.

(2) The purpose of the council includes, but is not limited to, restoring, maintaining and advancing the sovereignty and authority over issues that affect this state and the well-being of its citizens.

(3) Meetings of the council may be called by any member and decisions of the council shall be made by a majority vote of the members.

(4) The council, in the name of the state or its citizens, may examine and challenge by legal action, legislation or any other legal means:

(a) Federal mandates.

(b) Court rulings.

(c) The authority granted to, or assumed by, the federal government.

(d) Laws, regulations and practices of the federal government.

(e) Any other activity that is deemed appropriate by the council.

(f) Notwithstanding any other provision of law to the contrary, the council may hire legal counsel for the purpose of this chapter and may utilize staff and resources within state government.

(5) There is hereby established in the state treasury the constitutional defense council fund which shall consist of appropriations, gifts, grants and other council moneys. Moneys in the council fund are continuously appropriated and shall be used for purposes enumerated in this chapter.

History:

[67-6301, added 1995, ch. 327, sec. 2, p. 1096.]
Idaho Code § 67-3004 — Idaho Code / Title 67 / Chapter 30 / Section 67-3004
67-3004 FINGERPRINTING AND IDENTIFICATION — SHIELDING OF RECORDS FROM DISCLOSURE.
Status: in_force

67-3004. Fingerprinting and identification — shielding of records from disclosure. (1) The bureau shall:

(a) Obtain and file fingerprints, physical descriptions and any other available identifying data on persons who have been arrested or served a criminal summons in this state for a retainable offense;

(b) Accept fingerprints and other identifying data taken by a law enforcement agency for the purpose of identification or conducting a records review for criminal justice purposes; and

(c) Process latent fingerprints generated from crime scenes, evidence and law enforcement agencies through the automated fingerprint identification system for prospective identification.

(2) The bureau shall establish policy regarding an arrest fingerprint card and procedures for the taking of fingerprints under this section.

(3) When a person is arrested for a retainable offense, with or without a warrant, fingerprints of the person shall be taken by the law enforcement agency making the arrest. A law enforcement agency may contract or make arrangements with a jail or correctional facility or other criminal justice agency to take the required fingerprints from a person who is arrested by the law enforcement agency.

(4) If a person was arrested and is in the custody of a law enforcement agency, jail or correctional facility and a felony summons or information is filed for an offense separate from the offense for which the person is in custody, the agency, jail or correctional facility shall take the fingerprints of the person in connection with the new offense.

(5) At the initial court appearance or arraignment of a person for an offense pursuant to a felony summons or information, the court, upon notice from the prosecuting attorney, shall order a law enforcement agency to fingerprint the person if he has not been previously fingerprinted for the same offense.

(6) When a defendant is convicted or otherwise adjudicated for a felony offense for which the defendant has not been previously fingerprinted, the court shall order, upon notice from the prosecuting attorney, a law enforcement agency to fingerprint the defendant as a condition of sentence, probation or release.

(7) When a person is received by a state correctional facility, the department of correction shall ensure that legible fingerprints of the person are taken and submitted to the bureau.

(8) When the bureau receives fingerprints of a person in connection with an arrest or incarceration, the bureau shall make a reasonable effort to confirm within five (5) working days the identity of the person fingerprinted. In an emergency situation when an immediate positive identification is needed, a criminal justice agency may request the department to provide immediate identification service.

(9) If the arresting officer, the law enforcement agency that employs the officer, or the jail or correctional facility where fingerprints were taken is notified by the bureau that fingerprints taken under this section are not legible, the officer, agency or facility shall make a reasonable effort to obtain a legible set of fingerprints. If legible fingerprints cannot be obtained within a reasonable period of time, and if illegible fingerprints were taken under a court order, the officer or agency shall inform the court, which shall order the defendant to submit to fingerprinting again.

(10) Any person who was arrested or served a criminal summons and who subsequently was not charged by indictment or information within one (1) year of the arrest or summons and any person who was acquitted of all offenses arising from an arrest or criminal summons, or who has had all charges dismissed, may have the fingerprint and criminal history record taken in connection with the incident expunged pursuant to the person's written request directed to the department and may have the official court file thereof sealed. This provision shall not apply to any dismissal granted pursuant to section 19-2604(1), Idaho Code.

(11)(a) In addition to the remedies set forth in subsection (10) of this section, any person arrested for, prosecuted for, or convicted of a misdemeanor that is not an assaultive or violent misdemeanor listed in paragraph (b) of this subsection or arrested for, prosecuted for, or convicted of felony possession of a controlled substance under section 37-2732(a), (c), or (e), Idaho Code, in this state may petition the court to have the person's record be shielded from disclosure in accordance with rules adopted by the Idaho supreme court and within the capabilities of its record-keeping system. Upon the filing of the petition, the court shall set a date for a hearing and shall notify the prosecuting attorney of the date of the hearing. Upon receipt of such notification from the court, the prosecuting attorney shall provide to any readily identifiable crime victim whatever notifications are required under section 22, article I of the constitution of the state of Idaho. The court, in its discretion, may hear testimony at the hearing from any person who has relevant information about the petitioner.

(b) Assaultive or violent misdemeanors shall include:

(i) Assault (18-901, Idaho Code);

(ii) Battery (18-903, Idaho Code);

(iii) Domestic battery (18-918, Idaho Code);

(iv) Stalking in the second degree (18-7906, Idaho Code);

(v) Violation of a protection order or no contact order (18-7907 and 18-920, Idaho Code);

(vi) Telephone harassment (18-6710, Idaho Code);

(vii) Vehicular manslaughter (18-4006(3)(c), Idaho Code);

(viii) Excessive driving under the influence (18-8004C, Idaho Code);

(ix) Domestic assault (18-918(3)(a), Idaho Code);

(x) Battery upon law enforcement (18-915(1)(b), Idaho Code);

(xi) Injury to children (18-1501, Idaho Code);

(xii) Sexual battery (18-924, Idaho Code); and

(xiii) Indecent exposure (18-4116, Idaho Code).

(c) To be eligible to have records shielded from disclosure under this subsection, a petitioner must file a petition to shield records of the conviction no earlier than five (5) years after completing the petitioner's sentence, including all ordered probation, parole, fines, and restitution; provided that during such five (5) year period and until the time of a hearing on the petition, the petitioner has not had any subsequent felony or misdemeanor convictions and is not on probation or parole for a subsequent conviction, has no misdemeanor or felony cases pending against him, and has no restraining orders against him in effect at the time of filing the petition to shield the records.

(d) If the court finds, after a hearing, that the petitioner is eligible to have his records shielded from disclosure pursuant to this subsection and further finds to its satisfaction that the petitioner has been held accountable and that shielding the petitioner's record from disclosure would not compromise public safety or the safety of any victims, the court shall order all records in the petitioner's case in the custody of the court to be shielded from disclosure and unavailable for public viewing. Upon such a shielding from disclosure of the petitioner's records, the court shall notify the Idaho state police of the shielding and, upon receipt of the notification, the Idaho state police shall make any law enforcement investigatory reports and fingerprint records unavailable for public viewing. A special index of the shielding proceedings and records shall be kept by the court ordering the shielding of records, which shall not be available to the public unless otherwise ordered by a court of competent jurisdiction. Except as provided in paragraphs (i) and (j) of this subsection and other than in a judicial proceeding or as part of the licensing process for peace officers, upon the entry of the order, the proceedings in the petitioner's case shall be deemed never to have occurred, and the petitioner may lawfully reply accordingly to any inquiry in the matter.

(e) A proceeding to shield records from disclosure under the provisions of this subsection shall occur in the underlying criminal case.

(f) A court ordering records to be shielded from disclosure pursuant to this subsection shall notify the supreme court of the shielding, and the supreme court shall, within the capabilities of its record-keeping system, maintain a record of all records shielded, searchable by the name of the person whose records are shielded. To the extent not prohibited by federal law, it shall be the policy of the state of Idaho that the records shielded from disclosure shall not be available to the public but may be accessed at any time by the subject of the petition, by law enforcement personnel, and by court officers to the extent permitted by operative court rules. The record shall otherwise remain shielded from disclosure to the public. Nothing in this paragraph shall be construed to limit a law enforcement agency or court officer from accessing any records or databases created or maintained by law enforcement or prosecutors.

(g) A person whose records are shielded from disclosure pursuant to this subsection:

(i) Shall, upon a subsequent felony conviction and upon request by the prosecutor, have such shielding from disclosure revoked by the court as part of his sentencing; and

(ii) May, upon a subsequent misdemeanor conviction and upon request by the prosecutor, have such shielding revoked by the court as part of his sentencing.

(h) A law enforcement agency, prosecuting attorney, or the court shall not incur any civil or criminal liability for the unintentional or negligent release, or the release by a third party, of a record shielded from disclosure pursuant to this subsection.

(i) The shielding from disclosure of records under this subsection shall have no effect on the operation of sections 18-310 and 18-3316, Idaho Code.

(j) To the extent permitted by operative court rules, a POST-certified peace officer or prosecuting attorney shall have complete access to and use of all records shielded from disclosure pursuant to this subsection for purposes including but not be limited to communicating with crime victims, all in-court purposes and hearings, investigations, and enhancements.

(k) A person may have only one (1) petition granted during such person's lifetime to have one (1) of the crimes eligible under this subsection, or more than one (1) eligible crime under this subsection if committed in a single incident or transaction, shielded from disclosure pursuant to this subsection.

(l) The procedures set forth in this subsection, including the specific processes established that affect access to court records, are subject to the rules of the Idaho supreme court.

History:

[67-3004, added 1999, ch. 249, sec. 2, p. 640; am. 2010, ch. 33, sec. 1, p. 63; am. 2018, ch. 286, sec. 1, p. 674; am. 2023, ch. 108, sec. 1, p. 315.]
Idaho Code § 67-9207 — Idaho Code / Title 67 / Chapter 92 / Section 67-9207
67-9207 PROCUREMENT TRAINING.
Status: in_force

67-9207. procurement training. (1) A person who may procure property for the state or whose employment with the state includes duties relating to procurement, such as contract administration, management or monitoring, shall undergo procurement training, including a person whose office or employer is excluded from the definition of "agency" under section 67-9203, Idaho Code. The training shall address the person's specific procurement duties and shall include continuing education requirements when appropriate.

(2) The administrator shall establish training for those persons described in subsection (1) of this section.

History:

[67-9207, added 2016, ch. 289, sec. 4, p. 795.]
Idaho Code § 67-7701 — Idaho Code / Title 67 / Chapter 77 / Section 67-7701
67-7701 PURPOSE AND POLICY.
Status: in_force

67-7701. Purpose and policy. It is hereby declared that all bingo games and raffles in Idaho must be strictly controlled and administered, and it is in the public interest for the state to provide for the administration of charitable bingo games and raffles to protect the public from fraudulently conducted bingo games and raffles, to assure that charitable groups and institutions realize the profits from these games, to prohibit professionals conducting bingo games or raffles for fees or a percentage of the profit and to provide that all expenditures by a charitable or nonprofit organization in conducting bingo games and raffles are in the best interest of raising moneys for charitable purposes.

History:

[67-7701, added 1993, ch. 391, sec. 2, p. 1449; am. 2013, ch. 251, sec. 1, p. 610.]
Idaho Code § 67-5006 — Idaho Code / Title 67 / Chapter 50 / Section 67-5006
67-5006 DEFINITIONS.
Status: in_force

67-5006. Definitions. For the purposes of this chapter, the following terms are defined as follows:

(1) "Transportation" — services designed to transport older persons to and from community facilities and resources for the purpose of applying for and receiving services, reducing isolation, or otherwise promoting independent living, but not including a direct subsidy for an overall transit system or a general reduced fare program for a public or private transit system.

(2) "In-home services" — provide care for older persons in their own homes and help them maintain, strengthen, and safeguard their personal functioning in their own homes. These services shall include, but not be limited to case management, homemakers, chores, telephone reassurance, home delivered meals, friendly visiting and shopping assistance, and in-home respite care.

(3) "Congregate meals" — meals prepared and served in a congregate setting which provide older persons with assistance in maintaining a well-balanced diet, including diet counseling and nutrition education.

(4) "Older persons" — individuals sixty (60) years of age or older.

(5) "Adult day care" — a structured day program which provides individually planned care, supervision, social interaction and supportive services for frail older persons in a protective setting, and provides relief and support for caregivers.

(6) "Information and assistance service" means a service for older individuals that:

(a) Provides the individuals with current information on opportunities and services available to the individuals within their communities, including information relating to assistive technology;

(b) Assesses the problems and capacities of the individuals;

(c) Links the individuals to the opportunities and services that are available;

(d) To the maximum extent practicable, ensures that the individuals receive the services needed by the individuals, and are aware of the opportunities available to the individuals, by establishing adequate follow-up procedures; and

(e) Serves the entire community of older individuals, particularly:

(i) Older individuals with the greatest social need;

(ii) Older individuals with the greatest economic need; and

(iii) Older individuals at risk for institutional placement.

(7) "Information and referral" means and includes information relating to assistive technology.

(8) "Aging and disability resource center" means an entity established by a state as part of the state system of long-term care, to provide a coordinated system for providing:

(a) Comprehensive information on the full range of available public and private long-term care programs, options, service providers and resources within a community, including information on the availability of integrated long-term care;

(b) Personal counseling to assist individuals in assessing their existing or anticipated long-term care needs, and developing and implementing a plan for long-term care designed to meet their specific needs and circumstances; and

(c) Consumers' access to the range of publicly supported long-term care programs for which consumers may be eligible, by serving as a convenient point of entry for such programs.

(9) "Case management service":

(a) Means a service provided to an older individual at the direction of the older individual or a family member of the individual:

(i) By an individual who is trained or experienced in the case management skills that are required to deliver the services and coordination described in paragraph (b) of this subsection; and

(ii) To assess the needs and to arrange, coordinate and monitor an optimum package of services to meet the needs of the older individual; and

(b) Includes services and coordination such as:

(i) Comprehensive assessment of the older individual, including the physical, psychological and social needs of the individual;

(ii) Development and implementation of a service plan with the older individual to mobilize the formal and informal resources and services identified in the assessment to meet the needs of the older individual, including coordination of the resources and services:

1. With any other plans that exist for various formal services such as hospital discharge plans; and

2. With the information and assistance services provided herein;

(iii) Coordination and monitoring of formal and informal service delivery, including coordination and monitoring to ensure that services specified in the plan are being provided;

(iv) Periodic reassessment and revision of the status of the older individual with:

1. The older individual; or

2. If necessary, a primary caregiver or family member of the older individual; and

(v) In accordance with the wishes of the older individual, advocacy on behalf of the older individual for needed services or resources.

History:

[67-5006, added 1976, ch. 305, sec. 2, p. 1046; am. 1982, ch. 67, sec. 4, p. 132; am. 1989, ch. 117, sec. 2, p. 262.; am. 2011, ch. 142, sec. 1, p. 402.]
Idaho Code § 67-5804 — Idaho Code / Title 67 / Chapter 58 / Section 67-5804
67-5804 PROCLAMATION OF NATURAL RESOURCES DISASTER — AID BY AGENCY — CLAIM FOR REIMBURSEMENT.
Status: in_force

67-5804. Proclamation of natural resources disaster — Aid by agency — Claim for reimbursement. After proclaiming the existence of a natural resources disaster by executive proclamation, the governor may require any agency of the executive branch of state government to aid in the suppression of such disaster. As used herein, the term "aid" includes the furnishing of all necessary manpower, materials, equipment, and facilities. If aid is furnished by any agency, the agency shall submit to the board of examiners a claim for expenses incurred in the suppression of such disaster. Following approval of the claim by the board of examiners, the agency shall be reimbursed from moneys appropriated for such purposes.

History:

[67-5804, added 1968 (2nd E.S.), ch. 8, sec. 4, p. 17; am. 1976, ch. 51, sec. 19, p. 181.]
Idaho Code § 67-8206 — Idaho Code / Title 67 / Chapter 82 / Section 67-8206
67-8206 PROCEDURE FOR THE IMPOSITION OF DEVELOPMENT IMPACT FEES.
Status: in_force

67-8206. Procedure for the imposition of development impact fees. (1) A development impact fee shall be imposed by a governmental entity in compliance with the provisions set forth in this section.

(2) A capital improvements plan shall be developed in coordination with the development impact fee advisory committee utilizing the land use assumptions most recently adopted by the appropriate land use planning agency or agencies.

(3) A governmental entity that seeks to consider adoption, amendment, or repeal of a capital improvements plan shall hold at least one (1) public hearing. The governmental entity shall publish a notice of the time, place and purpose of the hearing or hearings not fewer than fifteen (15) nor more than thirty (30) days before the scheduled date of the hearing, in a newspaper of general circulation within the jurisdiction of the governmental entity. Such notices shall also include a statement that the governmental entity shall make available to the public, upon request, the following: proposed land use assumptions, a copy of the proposed capital improvements plan or amendments thereto, and a statement that any member of the public affected by the capital improvements plan or amendments shall have the right to appear at the public hearing and present evidence regarding the proposed capital improvements plan or amendments. The governmental entity shall send notice of the intent to hold a public hearing by mail to any person who has requested in writing notification of the hearing date at least fifteen (15) days prior to the hearing date, provided that the governmental entity may require that any person making such request renew the request for notification, not more frequently than once each year, in accordance with a schedule determined by the governmental entity, in order to continue receiving such notices.

(4) If the governmental entity makes a material change in the capital improvements plan or amendment, further notice and hearing may be provided before the governmental entity adopts the revision if the governmental entity makes a finding that further notice and hearing are required in the public interest.

(5) Either following or concurrently with adoption of the initial or amended capital improvements plan, a governmental entity shall conduct a public hearing to consider adoption of an ordinance authorizing the imposition of development impact fees or any amendment thereof. Notice of the hearing shall be provided in the same manner as set forth in subsection (3) of this section for adoption of a capital improvements plan, and such hearing, at the option of the governmental entity, may be combined with the public hearing held to adopt, amend or repeal the capital improvements plan.

(6) Nothing contained in this section shall be construed to alter the procedures for adoption of an ordinance by the governmental entity. Provided, however, a development impact fee ordinance shall not be adopted as an emergency measure but may be read for the first and second times on successive days prior to the public hearing to consider its adoption and shall not take effect sooner than thirty (30) days following its adoption.

History:

[67-8206, added 1992, ch. 282, sec. 1, p. 868; am. 2006, ch. 321, sec. 1, p. 1019.]
Idaho Code § 67-7447 — Idaho Code / Title 67 / Chapter 74 / Section 67-7447
67-7447 LAWFUL ACTIVITY.
Status: in_force

67-7447. Lawful activity. Chapters 38 and 49, Title 18, Idaho Code, or any other state or local law or regulation providing any penalty, disability, restriction, regulation or prohibition for the manufacture, transportation, storage, distribution, advertising, possession, or sale of any lottery tickets or shares or for the operation of any lottery game shall not apply to the tickets or shares of the state lottery established in this chapter.

History:

[67-7447, added 1988, ch. 232, sec. 2, p. 460.]
Idaho Code § 67-3506 — Idaho Code / Title 67 / Chapter 35 / Section 67-3506
67-3506 GOVERNOR TO TRANSMIT BUDGET DOCUMENT.
Status: in_force

67-3506. Governor to transmit budget document. Not later than five (5) days following the convening of each regular legislative session, the governor shall transmit to the legislature a budget document setting forth his financial plan for the next fiscal year, and having the character and scope set forth. The budget document shall consist of four (4) parts, the nature and contents of which are set forth in section 67-3507, Idaho Code. The requests of the legislative and judicial departments shall be transmitted as submitted by those departments.

History:

[67-3506, added 1973, ch. 300, sec. 5, p. 633; am. 1981, ch. 227, sec. 6, p. 454; am. 1995, ch. 153, sec. 5, p. 622; am. 2015, ch. 307, sec. 4, p. 1210.]
Idaho Code § 67-2360 — Idaho Code / Title 67 / Chapter 23 / Section 67-2360
67-2360 DEPARTMENTS OF THE STATE — DONATIONS AND SPONSORSHIPS PROHIBITED — REPORTING — PENALTY.
Status: in_force

67-2360. Departments of the State — donations and sponsorships prohibited — reporting — penalty. (1) No donation or sponsorship to any nongovernmental event or organization shall be made by or in the name of any of the twenty (20) departments of the state government, as set forth in section 67-2402(1), Idaho Code, unless the department is required to do so by law or has received prior written permission from the director of such department.

(2) Notwithstanding the provisions of subsection (1) of this section, any donation or sponsorship to any nongovernmental event or organization made by the state board of education, the industrial commission, or any board or commission within the department of self-governing agencies set forth in section 67-2601(2), Idaho Code, shall be approved by the chief executive officer of such board or commission, unless the donation or sponsorship is required by law.

(3) Notwithstanding the provisions of subsection (1) of this section, any donation or sponsorship to any nongovernmental event or organization made by any state educational institution, as set forth in section 33-101, Idaho Code, shall be approved by the president of the respective state educational institution, unless the donation or sponsorship is required by law.

(4) Not later than February 1 of each year, the division of financial management shall provide a report that lists all sponsorships and donations made by any department, board, commission, state educational institution, or other entity of state government to the chairs of the joint finance-appropriations committee, the house revenue and taxation committee, and the senate local government and taxation committee.

(5) The provisions of this section shall not apply to any board, commission, or other organization of this state that obtains its funding from dues, fees, or tax assessments paid by its members.

History:

[67-2360, added 2024, ch. 301, sec. 1, p. 1010.]
Idaho Code § 67-4705 — Idaho Code / Title 67 / Chapter 47 / Section 67-4705
67-4705 IDAHO DEVELOPMENT AND PUBLICITY ACCOUNT.
Status: in_force

67-4705. Idaho development and publicity account. There is hereby established an Idaho development and publicity account in the state operating fund and all of the moneys now or hereafter in said account are hereby appropriated to the use of the department of commerce for the purposes expressed in this act. The department may accept contributions to said account from local units of government, and private persons or agencies. The account shall consist of such contributions and appropriations made thereto from time to time.

History:

[67-4705, added 1955, ch. 234, sec. 5, p. 521; am. 1974, ch. 22, sec. 7, p. 592; am. 1980, ch. 361, sec. 6, p. 942; am. 1985, ch. 160, sec. 8, p. 432.]
Idaho Code § 67-7414 — Idaho Code / Title 67 / Chapter 74 / Section 67-7414
67-7414 COMPENSATION FOR LOTTERY GAME RETAILERS.
Status: in_force

67-7414. Compensation for lottery game retailers. The compensation paid to lottery game retailers shall be five percent (5%) of the retail price of the tickets or shares. The director may pay lottery game retailers an additional one percent (1%) incentive bonus based on attainment of sales volume or other objectives specified by the director for each lottery game.

History:

[67-7414, added 1988, ch. 232, sec. 2, p. 453.]
Idaho Code § 67-2359 — Idaho Code / Title 67 / Chapter 23 / Section 67-2359
67-2359 CONTRACT WITH A COMPANY OWNED OR OPERATED BY THE GOVERNMENT OF CHINA PROHIBITED.
Status: in_force

67-2359. contract with a company owned or operated by the government of china prohibited. (1) A public entity in this state may not enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company is not currently owned or operated by the government of China and will not for the duration of the contract be owned or operated by the government of China.

(2) As used in this section:

(a) "Government of China" means the People's Republic of China led by the Chinese communist party.

(b) "Company" means any for-profit or not-for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations.

(c) "Public entity" means the state of Idaho or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state law or regulations.

(3) The provisions of this section shall apply to contracts executed on and after July 1, 2023. Upon discovering that a contract fails to comply with the provisions of this section, the contracting authority shall have a period of ninety (90) days to obtain the certification described in subsection (1) of this section. After such time, any contract continuing to violate the provisions of this section shall be void as against public policy. Any contract executed prior to July 1, 2023, that violates the provisions of this section will not be renewed.

(4) The department of administration shall have authority to promulgate rules to implement the provisions of this section as long as they are consistent with the provisions of this section and do not create any exceptions to it.

History:

[67-2359, added 2023, ch. 253, sec. 1, p. 770.]
Idaho Code § 67-2759 — Idaho Code / Title 67 / Chapter 27 / Section 67-2759
67-2759 CRIMINAL PUNISHMENT UNDER THIS ACT NOT EXCLUSIVE.
Status: in_force

67-2759. Criminal punishment under this act not exclusive. Nothing in this act limits the power of the state or any other law enforcement agency to proceed against and punish any person for any conduct which constitutes a crime under any applicable law, statute, code or ordinance.

History:

[67-2759, added 2005, ch. 265, sec. 11, p. 815.]
Idaho Code § 67-2753 — Idaho Code / Title 67 / Chapter 27 / Section 67-2753
67-2753 EMPLOYMENT OR AFFILIATION OF CERTAIN PERSONS.
Status: in_force

67-2753. Employment or affiliation of certain persons. Except with the prior written consent of the director, no person who has been convicted of, or who has pled nolo contendre to, any criminal offense involving dishonesty, breach of trust or fiduciary duty, or money laundering, or who has been granted a withheld judgment based on such offense, or who has been found to have violated this act, shall seek employment with, accept employment by, become employed by, or continue in their employment with an Idaho state chartered or licensed financial institution.

History:

[67-2753, added 2005, ch. 265, sec. 5, p. 811.]
Idaho Code § 67-2737 — Idaho Code / Title 67 / Chapter 27 / Section 67-2737
67-2737 FUNDS TO BE DEPOSITED.
Status: in_force

67-2737. Funds to be deposited. The state treasurer shall deposit, subject to the provisions of this chapter and of section 67-1210, Idaho Code, in designated state depositories, all moneys of the state of Idaho coming into his hands.

History:

[(67-2737) Based upon 1905, p. 305, sec. 1; R.C., sec. 127; am. 1909, p. 363; R.C., sec. 130, as added by 1915, ch. 168, sec. 7, p. 385; reen. C.L. 13:18; C.S., sec. 318; I.C.A., sec. 65-2635; am. 1969, ch. 331, sec. 1, p. 1038.]
Idaho Code § 67-2907 — Idaho Code / Title 67 / Chapter 29 / Section 67-2907
67-2907 JAILORS TO RECEIVE PRISONERS FROM IDAHO STATE POLICE.
Status: in_force

67-2907. Jailors to receive prisoners from Idaho state police. Any person having charge of a jail, prison or reformatory or other place of detention shall receive any prisoner arrested by the Idaho state police within the jurisdiction served by such jail and shall detain that prisoner in custody until otherwise ordered by a court of competent jurisdiction, or by the superintendent. Such person in charge shall have the right to refuse to receive any juvenile not being charged with a felony and not in the process of being certified as an adult, in accordance with section 20-509, Idaho Code.

History:

[(67-2907) 1939, ch. 60, sec. 9, p. 105; am. 1955, ch. 173, sec. 8, p. 345; am. 1987, ch. 216, sec. 1, p. 465; am. and redesig. 1995, ch. 116, sec. 8, p. 391; am. 2004, ch. 23, sec. 13, p. 32.]
Idaho Code § 67-2017 — Idaho Code / Title 67 / Chapter 20 / Section 67-2017
67-2017 CRIMINAL LIABILITY FOR FALSE CERTIFICATE.
Status: in_force

67-2017. Criminal liability for false certificate. The making of any false certificate on any voucher on which money is to be paid by the state, for the purpose of securing or aiding to secure the payment of any moneys not a just and proper charge against the state, is hereby declared to be a felony under the provisions of section 18-2706.

History:

[(67-2017) R.C., sec. 145j, as added by 1913, ch. 15, sec. 3, p. 58; reen. C.L. 11:12; C.S., sec. 241; I.C.A., sec. 65-2016; am. 1976, ch. 42, sec. 32, p. 108.]
Idaho Code § 67-5245 — Idaho Code / Title 67 / Chapter 52 / Section 67-5245
67-5245 REVIEW OF PRELIMINARY ORDERS.
Status: in_force

67-5245. Review of preliminary orders. (1) A preliminary order shall include:

(a) A statement that the order will become a final order without further notice; and

(b) The actions necessary to obtain administrative review of the preliminary order.

(2) The agency head, upon his own motion, may or, upon motion by any party, shall review a preliminary order, except to the extent that:

(a) Another statute precludes or limits agency review of the preliminary order; or

(b) The agency head has delegated his authority to review preliminary orders to one (1) or more persons.

(3) A petition for review of a preliminary order must be filed with the agency head, or with any person designated for this purpose by rule of the agency, within fourteen (14) days after the service date of the preliminary order unless a different time is required by other provisions of law. If the agency head on his own motion decides to review a preliminary order, the agency head shall give written notice within fourteen (14) days after the issuance of the preliminary order unless a different time is required by other provisions of law. The fourteen (14) day period for filing of notice is tolled by the filing of a petition for reconsideration under section 67-5243(3), Idaho Code.

(4) The basis for review must be stated on the petition. If the agency head on his own motion gives notice of his intent to review a preliminary order, the agency head shall identify the issues he intends to review.

(5) The agency head shall allow all parties to request review of the preliminary order, to present briefs on the issues, and may allow all parties to participate in oral argument.

(6) The agency head shall:

(a) Issue a final order in writing, within fifty-six (56) days of the receipt of the final briefs or oral argument, whichever is later, unless the period is waived or extended with the written consent of all parties, or for good cause shown;

(b) Remand the matter for additional hearings; or

(c) Hold additional hearings.

(7) The head of the agency or his designee for the review of preliminary orders shall exercise all of the decision-making power that he would have had if the agency head had presided over the hearing.

History:

[67-5245, added 1992, ch. 263, sec. 30, p. 805; am. 2010, ch. 255, sec. 2, p. 647; am. 2025, ch. 151, sec. 14, p. 746.]
Idaho Code § 67-8920 — Idaho Code / Title 67 / Chapter 89 / Section 67-8920
67-8920 EXEMPTION OF REAL PROPERTY OF AUTHORITY FROM LEVY AND SALE BY EXECUTION.
Status: in_force

67-8920. Exemption of real property of authority from levy and sale by execution. All real property of the authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the authority be a charge or lien upon its real property; provided however, that the provisions of this section shall not apply to or limit the right of bondholders to foreclose or otherwise enforce any mortgage or other security of the authority or the right of obligees and bondholders to pursue any remedies for the enforcement of any pledge or lien given by the authority on its rents, fees or revenues or the right of obligees or bondholders to pursue any remedies conferred upon the same pursuant to this chapter.

History:

[67-8920, added 2005, ch. 53, sec. 1, p. 205.]
Idaho Code § 67-5309D — Idaho Code / Title 67 / Chapter 53 / Section 67-5309D
67-5309D OTHER PAY DELIVERY OPTIONS.
Status: in_force

67-5309D. Other pay delivery options. (1) In addition to pay increases authorized in section 67-5309B, Idaho Code, the department director may grant a classified employee bonus pay not to exceed two thousand dollars ($2,000) in any given fiscal year based on exemplary performance. Exceptions to the two-thousand-dollar ($2,000) limit provided in this subsection may be granted in extraordinary circumstances if approved in advance by the state board of examiners. Departments shall submit a report to the division of financial management and the legislative services office by October 1 on all bonuses granted in the preceding fiscal year.

(2) In addition to pay increases authorized in section 67-5309B, Idaho Code, the department director may grant a classified employee an award payment based on suggestions or recommendations made by the employee that resulted in taxpayer savings as a result of cost savings or greater efficiencies to the department or to the state of Idaho in excess of the amount of the award and in compliance with the rules for employee suggestion awards promulgated by the division of human resources. The award may be an amount up to twenty-five percent (25%) of the amount determined to be the dollar savings to the state, but not in excess of two thousand dollars ($2,000). Exceptions to the two-thousand-dollar ($2,000) limit provided in this subsection may be granted in extraordinary circumstances if approved in advance by the state board of examiners. Departments shall submit a report to the division of financial management and the legislative services office by October 1 on all employee suggestion awards granted in the preceding fiscal year. Such report shall include any changes made as a direct result of an employee's suggestion and savings resulting therefrom.

(3) In addition to pay increases authorized in section 67-5309B, Idaho Code, the department director may grant award pay to a classified employee for recruitment or retention purposes. Retention bonuses require completion of at least six (6) months of achieving performance standards prior to issuance. The department director and the administrator of the division of human resources are authorized to seek legal remedies available, including deductions from an employee's accrued vacation funds, from an employee who resigns during the designated period of time after receipt of a recruitment or retention bonus. Departments shall submit a report to the division of financial management and the legislative services office by October 1 on all such awards granted in the preceding fiscal year.

(4) In addition to pay increases authorized in section 67-5309B, Idaho Code, department directors may provide a classified employee other nonperformance-related pay as provided in this subsection. Departments shall submit a report to the division of financial management and the legislative services office by October 1 on all such awards granted in the preceding fiscal year, including:

(a) Shift differential pay up to twenty-five percent (25%) of hourly rates depending on local market rates in order to attract and retain qualified staff;

(b) Geographic differential pay in areas of the state where recruitment and retention of qualified staff are difficult due to economic conditions and cost of living; and

(c) Wildland firefighter differential pay up to twenty-five percent (25%) of hourly rates for wildland firefighting personnel who hold current incident qualification cards while working on the fireline of a fire incident not deemed controlled or at a fire incident helibase servicing active flights.

Employees in the same classification who are similarly situated shall be treated consistently in respect to shift differential and geographic pay differential.

(5) When necessary to obtain or retain qualified personnel in a particular classification, upon petition of the department to the administrator containing acceptable reasons therefor, a higher temporary pay grade may be authorized by the administrator that, if granted, shall be reviewed annually to determine the need for continuance.

(6) In unusual circumstances, with prior approval from the administrators of the division of human resources and the division of financial management, agencies may grant nonperformance-related pay to employees, which in no case may exceed five percent (5%) of an employee's base pay. Departments shall submit a report to the division of financial management and the legislative services office by October 1 on all such awards granted in the preceding fiscal year.

(7) Specific pay codes shall be established and maintained in the state controller's office to ensure accurate reporting and monitoring of all pay actions authorized in this section.

History:

[67-5309D, added 2006, ch. 380, sec. 15, p. 1191; am. 2017, ch. 91, sec. 1, p. 238; am. 2022, ch. 202, sec. 2, p. 661; am. 2023, ch. 53, sec. 2, p. 202.]
Idaho Code § 67-8908 — Idaho Code / Title 67 / Chapter 89 / Section 67-8908
67-8908 POWERS.
Status: in_force

67-8908. Powers. (1) The authority shall have the following powers, which are hereby declared to be necessary to enable the authority to carry out and effectuate the purposes and provisions of this chapter, together with all powers incidental thereto or necessary for the performance thereof:

(a) To have perpetual succession as a body politic and corporate;

(b) To adopt bylaws for the regulation of its affairs and the conduct of its business;

(c) To sue and be sued and to prosecute and defend, at law or in equity, in any court having jurisdiction of the subject matter and of the parties;

(d) To have and to use a corporate seal and to alter the same at pleasure;

(e) To maintain an office at such place or places as it may designate;

(f) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

(g) To acquire, whether by purchase, gift, grant, bequest, devise, exchange, eminent domain or otherwise, own, hold, improve, lease, transfer, assign, pledge and dispose of, any real or personal property or any interest therein necessary or convenient in connection with any facility or its purposes under this chapter; provided however, that the power of eminent domain is limited to only those purposes and participating utilities as authorized by section 7-701, Idaho Code;

(h) To acquire, construct, reconstruct, renovate, improve, replace, maintain, repair, manage, operate, lease as lessee or lessor, and regulate any facility; to enter into contracts for any and all of such purposes and for the acquisition and management of fuel supplies, provided such is reasonably necessary for the operation and maintenance of any facility; to enter into contracts and agreements to manage risks associated with the purchase and sale of energy and energy commodities, provided such is reasonably necessary for the operation and maintenance of any facility; and to designate one (1) or more qualified participating utilities as agent or agents of the authority, as agreed to among the participating utilities, with respect to the foregoing;

(i) To sell, lease or otherwise provide by contract to one (1) or more participating utilities the services, output or product provided by any or all of the facilities undertaken by the authority upon such terms and conditions as the authority and the participating utilities shall deem proper, and to establish, charge, collect and revise from time to time such rents, fees and charges for such services, output or product as provided for in this chapter;

(j) To borrow money and to issue bonds for any of the purposes described in this chapter, to issue refunding bonds and to enter into contracts and agreements determined by the authority to be necessary or desirable to manage its debt service and interest costs;

(k) To establish rules and regulations for the use of facilities and to designate a participating utility as its agent to establish rules and regulations for the use of the facilities undertaken or operated by such participating utility;

(l) To employ or contract for consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, and such other employees and agents as may be necessary in its judgment and to fix their compensation;

(m) To enter into contracts, agreements or other transactions with and accept grants and the cooperation of the United States or any agency thereof or any state or any agency or governmental subdivision thereof, in furtherance of the purposes of this chapter including, but not limited to, the development, maintenance, operation, and financing of any facility and to do any and all things necessary in order to avail itself of such aid and cooperation;

(n) To receive and accept aid or contributions from any source of money, property, labor, or other things of value, to be held, used, and applied to carry out the purposes of this chapter subject to such conditions upon which such grants and contributions may be made, including, but not limited to, gifts or grants from any department or agency of the United States or any state for any purpose consistent with this chapter;

(o) To assign and pledge all or any part of its revenues and income and to mortgage or otherwise encumber any or all of its facilities and the site or sites thereof, whether then owned or thereafter acquired, for the benefit and security of the holders of bonds issued to finance such facilities or any portion thereof;

(p) To make loans to any participating utility to finance the cost of any facilities in accordance with an agreement between the authority and such participating utility;

(q) To make secured or unsecured loans to a participating utility to refinance obligations and indebtedness incurred for facilities undertaken and completed prior to or after the enactment of this chapter when the authority finds that such financing is in the public interest and either alleviates the financial hardship upon the participating utility or is in connection with other financing by the authority for such participating utility or may be expected to result in a cost-effective delivery of electricity to the consumers served by the participating utility, or any combination thereof;

(r) To charge to and equitably apportion its administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter among the participating utilities that have entered into contracts with the authority;

(s) To procure insurance against any loss in connection with its property and other assets in such amounts and from such insurers as it deems desirable and to self-insure against such risks as it shall deem to be reasonable;

(t) To invest any funds not needed for immediate use or disbursement, including any funds held in reserve, in:

(i) Bonds, notes and other obligations of the United States or any agency or instrumentality thereof and other securities secured by such bonds, notes or other obligations;

(ii) Money market funds which are insured or the assets of which are limited to obligations of the United States or any agency or instrumentality thereof;

(iii) Time certificates of deposit and savings accounts;

(iv) Commercial paper which, at the time of its purchase, is rated in the highest category by a nationally recognized rating service;

(v) Property or securities in which the state treasurer may invest funds in the state treasury pursuant to section 67-1210, Idaho Code; and

(vi) With respect to any funds representing bond proceeds or amounts pledged to the payment of bonds, such other investments as may be specified in a bond resolution or trust indenture securing bonds of the authority;

(u) To participate in cooperative ventures with any agencies or organizations in order to provide affordable and reliable energy to the residents of the state;

(v) To undertake and finance clean energy generation projects developed by a participating utility or an independent power producer;

(w) To finance or refinance the cost of conservation measures as provided in section 67-8926, Idaho Code; and

(x) To do all things necessary and convenient to carry out the purposes of this chapter.

(2) Notwithstanding any other provision of this chapter, the authority shall have no power to:

(a) Acquire the operating property of any investor-owned, private, cooperative, municipal or other utility by the exercise of the power of eminent domain;

(b) Provide financing for the acquisition of the operating property of any such utility by or under threat of eminent domain, in either case unless such utility consents in writing to the acquisition; or

(c) Deliver retail electricity or related retail products or services to any ultimate consumer, whether in violation of the Idaho electric supplier stabilization act or otherwise.

(3) The authority is not a "taxing district," as defined in section 67-3901, Idaho Code, and, for so long as any bonds are outstanding or any contract, agreement or transaction between the authority and a participating utility is in effect, the authority shall not have the power and shall not be authorized to be a debtor under the U.S. bankruptcy code, title 11 U.S.C., or any other bankruptcy, insolvency, moratorium, liquidation, dissolution or wind-down law.

History:

[67-8908, added 2005, ch. 53, sec. 1, p. 196; am. 2005, ch. 311, sec. 3, p. 967; am. 2015, ch. 59, sec. 1, p. 160; am. 2023, ch. 24, sec. 4, p. 137.]
Idaho Code § 67-1056 — Idaho Code / Title 67 / Chapter 10 / Section 67-1056
67-1056 REPORT OF EXAMINATION TO GOVERNOR — ACTION AGAINST DELINQUENT OFFICIAL.
Status: in_force

67-1056. Report of examination to governor — Action against delinquent official. The state controller shall report to the governor the result of his examination, as well as any failure of duty of any public official, as often as he thinks it may be required by public interest. The governor may cause the result of any examination made by the state controller to be made public or, at his discretion, may take such action for the public security as the exigency may demand. He may, if he deems the public interest to require it, suspend any officer from further performance of duty until the examination be had or such security be obtained as may be demanded for the prompt protection of public moneys.

History:

[(67-1056) 1905, p. 387, sec. 8; reen. R.C., sec. 177; reen. C.L. 12:8; C.S., sec. 292; am. 1923, ch. 164, sec. 7, p. 246; I.C.A., sec. 65-2609; I.C., sec. 67-2711; I.C., sec. 67-1028 as changed and amended by 1974, ch. 24, sec. 5, p. 747; am. and redesig. 1994, ch. 181, sec. 30, p. 588; am. 2021, ch. 160, sec. 16, p. 452.]
Idaho Code § 67-4111 — Idaho Code / Title 67 / Chapter 41 / Section 67-4111
67-4111 DECLARATION OF POLICY.
Status: in_force

67-4111. declaration of policy. (1) The citizens of the state of Idaho have an ongoing appreciation, pride and interest in the history of Idaho and the preservation of Idaho's historic resources. There is a need to enhance the cultural environment of the state of Idaho. Industry, commerce, agriculture and quality of life will be enhanced by the preservation of Idaho's cultural and historic resources and the connection to place.

(2) It is hereby declared to be the policy of the state of Idaho to encourage the preservation of our cultural and historic resources and to assist the society in joining with all persons and institutions concerned with the history of Idaho to ensure that cultural and historic resources are recognized and fostered and will add value to and play a significant role in the welfare and educational experience of Idaho's citizens.

History:

[67-4111, added 2009, ch. 167, sec. 2, p. 499.]
Idaho Code § 67-7445 — Idaho Code / Title 67 / Chapter 74 / Section 67-7445
67-7445 CONDITIONS OF PURCHASE.
Status: in_force

67-7445. Conditions of purchase. By purchasing a ticket or share in a lottery game, a player agrees to abide by, and be bound by, the commission's rules and regulations and by lottery game rules developed by the commission to apply to any particular lottery game involved. In particular, and without limitation, the player acknowledges, that the determination of whether the player is a valid winner is subject to winner validation procedures and confidential validation and security tests established by the state lottery for the particular lottery game. Confidential validation and security tests shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[67-7445, added 1988, ch. 232, sec. 2, p. 460; am. 1989, ch. 352, sec. 27, p. 893; am. 1990, ch. 213, sec. 103, p. 561; am. 2015, ch. 141, sec. 188, p. 528.]
Idaho Code § 67-1004 — Idaho Code / Title 67 / Chapter 10 / Section 67-1004
67-1004 CERTIFIED COPIES OF DOCUMENTS AS EVIDENCE.
Status: in_force

67-1004. Certified copies of documents as evidence. The state controller must, in addition to his original handwritten signature, keep and use a facsimile signature or electronic signature for the authentication of all papers, writings, and documents required by law to be certified by him, and copies so authenticated and certified, of all papers and documents lawfully deposited in his office, must be received in evidence as the original.

History:

[(67-1004) 1865, p. 190, sec. 17; R.S., sec. 220; am. R.C., sec. 114; reen. C.L., sec. 114; C.S., sec. 154; I.C.A., sec. 65-913; I.C., sec. 67-1014; am. and redesig. 1994, ch. 181, sec. 10, p. 583; am. 2003, ch. 32, sec. 36, p. 140.]
Idaho Code § 67-1219 — Idaho Code / Title 67 / Chapter 12 / Section 67-1219
67-1219 DEPUTY STATE TREASURER AND ADDITIONAL DEPUTIES AND EMPLOYEES — APPOINTMENT AND BOND.
Status: in_force

67-1219. Deputy state treasurer and additional deputies and employees — Appointment and bond. The state treasurer may appoint a deputy state treasurer, other deputies, official custodians, assistants and employees who shall perform official duties assigned by such principal, being subject to the same regulations and penalties, and for all whose official acts the state treasurer shall be responsible. The state treasurer shall require all deputies and employees to be bonded by blanket bond or otherwise to the state of Idaho in the time, form and manner as prescribed in chapter 8, title 59, Idaho Code.

The treasurer may fix the compensation for such deputies and other employees within the limits of appropriations made therefor, as is necessary.

History:

[(67-1219) 1893, p. 150, sec.sec. 1, 2, 3; reen. 1899, p. 220, sec.sec. 1, 2, 3; compiled and reen. R.C., sec. 140; am. 1915, ch. 114, sec. 1, p. 261; am. C.L., sec. 140; C.S., sec. 176; I.C.A., sec. 65-1119; am. 1971, ch. 136, sec. 41, p. 522; am. 1976, ch. 42, sec. 24, p. 105; am. 1981, ch. 3, sec. 1, p. 7.]
Idaho Code § 67-2321 — Idaho Code / Title 67 / Chapter 23 / Section 67-2321
67-2321 CHANGE OF NAME OF TAXING DISTRICT — HEARING — ELECTION — EXCEPTIONS.
Status: in_force

67-2321. Change of name of taxing district — Hearing — Election — Exceptions. (1) Whenever the governing body of a taxing district, by a majority vote of its members, adopts a proposal to change the name of the district, it shall be the duty of such body to conduct at least one (1) public hearing on the proposal and to give notice of the hearing. At least fifteen (15) days prior to the hearing, notice of the time and place and a copy of the proposal of the name change shall be published in the official newspaper or paper of general circulation within the jurisdiction. The governing body may also make available a notice to other papers, radio and television stations serving the jurisdiction for use as a public service announcement.

(2) At the hearing, if it shall satisfactorily appear to the governing body that no good cause exists to deny the proposal for change of name, the governing body may adopt a resolution effecting the name change in the same form as was presented in the proposal on which the hearing was conducted. Such resolution shall also specify the date of organization of the district and its present name.

If a petition signed by ten percent (10%) of the qualified electors of the taxing district is presented in opposition to the proposed name change, the governing body of the taxing district shall submit the question to the electors of the district in accordance with the provisions of chapter 14, title 34, Idaho Code. If a majority of votes cast on the question of changing the name of the district are in favor of the name change, the governing body of the taxing district shall adopt a resolution effecting that change, specifying the date of organization of the district and its present name.

(3) No resolution for change of the name of a taxing district shall be effective until a certified copy of the resolution has been filed with the state tax commission and with the county recorder of each county in which the jurisdiction is situated.

(4) Any change of name under the provisions of this section shall not affect any of the rights, property or obligations of said taxing district.

(5) The provisions of this section shall not apply to any city, county or school district, nor to any taxing district for which provision for change of name is otherwise provided by law.

History:

[67-2321 added 1996, ch. 98, sec. 18, p. 400.]
Idaho Code § 67-5309B — Idaho Code / Title 67 / Chapter 53 / Section 67-5309B
67-5309B IDAHO COMPENSATION PLAN.
Status: in_force

67-5309B. Idaho compensation plan. (1) The administrator of the division of human resources shall establish benchmark job classifications and shall assign all classifications to a pay grade utilizing the Hay profile method in combination with market data. Pay grades established or revised by the administrator shall appropriately weigh Hay points and market data to ensure internal pay equity and market pay equity within the classified service.

(2) It shall be the responsibility of each department director to prepare a department salary administration plan and corresponding budget plan that support the core mission of the department and are consistent with the provisions of section 67-5309A, Idaho Code.

(3) Advancement in pay shall be based on performance, internal pay equity, or external market changes and be provided in a variety of delivery methods, including ongoing increases, temporary or conditional increases, and market-related payline moves. Market-related payline moves may advance all eligible employees as well as the structure to avoid compression in the salary system.

(4) Pay for performance shall provide faster salary advancement for higher performers based on a merit increase matrix developed by the division of human resources. Such matrix shall be based on the employee's proximity to the state midpoint market average and the employee's relative performance. Such matrix may be adapted by each agency to meet its specific needs when approved by the division of human resources.

(5) No employee shall advance in a salary range based on performance without a performance evaluation on file certifying that the employee meets the performance criteria of the assigned position.

(6) Each employee's work performance shall be evaluated by the employee's department through a format and process approved by the division of human resources. The employee shall be evaluated after one thousand forty (1,040) hours of credited state service from the date of initial appointment or promotion and thereafter be evaluated after each two thousand eighty (2,080) hours of credited state service. Employees may be eligible for advancement in pay based on performance if certified as meeting the performance requirements of this section. However, such in-grade advancement shall not be construed as a vested right. The department director shall designate in writing whether such in-grade advancement is temporary, conditional or permanent. It shall be the specific responsibility of the employee's immediate supervisor to effect the evaluation process. Such evaluation shall be approved by the department director or the director's designee.

(7) All supervisors who evaluate state employees shall receive training in the evaluation format and process to assure fairness and consistency in the evaluation process.

(8) Notwithstanding any other provision of Idaho Code, it is hereby declared to be the policy of the legislature of the state of Idaho that all classified employees of like classification and pay grade allocation shall be treated in a substantially similar manner with reference to personnel benefits.

History:

[67-5309B, added 2006, ch. 380, sec. 12, p. 1189; am. 2023, ch. 53, sec. 1, p. 201.]
Idaho Code § 67-6523 — Idaho Code / Title 67 / Chapter 65 / Section 67-6523
67-6523 EMERGENCY ORDINANCES AND MORATORIUMS.
Status: in_force

67-6523. Emergency ordinances and moratoriums. If a governing board finds that an imminent peril to the public health, safety, or welfare requires adoption of ordinances as required or authorized under this chapter, or adoption of a moratorium upon the issuance of selected classes of permits, or both, it shall state in writing its reasons for that finding. The governing board may then proceed without recommendation of a commission, upon any abbreviated notice of hearing that it finds practical, to adopt the ordinance or moratorium. An emergency ordinance or moratorium may be effective for a period of not longer than one hundred eighty-two (182) days. Restrictions established by an emergency ordinance or moratorium may not be imposed for consecutive periods. Further, an intervening period of not less than one (1) year shall exist between an emergency ordinance or moratorium and reinstatement of the same. To sustain restrictions established by an emergency ordinance or moratorium beyond the one hundred eighty-two (182) day period, a governing board must adopt an interim or regular ordinance, following the notice and hearing procedures provided in section 67-6509, Idaho Code.

History:

[67-6523, added I.C., sec. 67-6523, as added by 1975, ch. 188, sec. 2, p. 515; am. 2003, ch. 142, sec. 6, p. 415.]
Idaho Code § 67-455 — Idaho Code / Title 67 / Chapter 4 / Section 67-455
67-455 GOVERNOR'S HOUSING COMMITTEE — GOVERNOR'S RESIDENCE FUND.
Status: in_force

67-455. Governor's housing committee — Governor's residence fund. (1) There is hereby created the governor's housing committee consisting of five (5) appointed members. The following public officials shall each appoint one (1) member to serve on the committee: the president pro tempore of the senate, the speaker of the house of representatives, the minority leader of the senate and the minority leader of the house of representatives and the director of the department of administration. Members of the committee shall serve at the pleasure of the appointing public official or his successor.

(2) There is hereby created the governor's residence fund. All moneys in or added to the governor's residence fund and any dividend or interest earnings thereon are hereby perpetually appropriated to the department of administration and set apart for the purposes of providing a governor's housing allowance and the acquisition, construction, remodel, furnishing, equipping or maintenance of a governor's residence and the same shall be available for such purposes immediately upon being credited to the account, upon authorization for expenditure being given by the governor's housing committee. Upon the direction of the committee, the department shall use moneys in the account for any purpose related to a governor's housing allowance or the acquisition, construction, remodel, furnishing, equipping or maintenance of a governor's residence. The net proceeds from any sale or rental of a governor's residence, or any property related thereto, and of any cash or cash-equivalent donation made to the committee, shall be returned to the governor's residence fund.

History:

[67-455, added 1996, ch. 160, sec. 1, p. 528; am. 1999, ch. 336, sec. 1, p. 913.]
Idaho Code § 67-4238 — Idaho Code / Title 67 / Chapter 42 / Section 67-4238
67-4238 AUTHORITY OF DIRECTOR TO ENTER INTO AGREEMENTS.
Status: in_force

67-4238. Authority of director to enter into agreements. (1) In order to further the interpretive and educational functions of recreation facilities in the state of Idaho, the director of the Idaho department of parks and recreation may on behalf of the department, enter into agreements with private nonprofit scientific, historic or educational organizations organized in whole or in part for the purpose of providing interpretive services to recreation facilities in Idaho.

(2) An organization entering into an agreement with the director under subsection (1) of this section may:

(a) Provide educational or interpretive material for sale at a recreation facility;

(b) Acquire display materials and equipment for exhibits at a recreation facility;

(c) Provide support for special recreation facility interpretive programs or environmental education programs;

(d) Support recreation facility libraries;

(e) Provide support for other interpretive projects related to a specific recreation facility.

(3) If the director enters into an agreement with a private organization under subsection (1) of this section, the Idaho department of parks and recreation may:

(a) Provide incidental personnel services to the organization's interpretive program; and

(b) Provide space at a recreation facility for the interpretive materials provided by the organization.

(4) Any money received from the sale of publications or other materials provided by an organization pursuant to an agreement entered into under this section shall be retained by the organization for use in the interpretive or educational services of the recreation facility for which the organization provides interpretive services.

(5) As used in this section, "recreation facility" includes, but is not limited to, state parks and all recreational, historical and scenic attractions owned or under the control of the state of Idaho and administered by the Idaho department of parks and recreation.

(6) The Idaho department of parks and recreation board shall adopt rules and regulations necessary to carry out the purpose of this section. The rules shall include but need not be limited to:

(a) Procedures and forms to be used by an organization desiring to enter into an agreement with the director under this section.

(b) Guidelines for approving the interpretive material an organization proposes to provide to a recreation facility; and

(c) Provisions for renewing or dissolving an agreement between an organization and the director.

History:

[67-4238, added 1987, ch. 160, sec. 1, p. 315.]
Idaho Code § 67-2201 — Idaho Code / Title 67 / Chapter 22 / Section 67-2201
67-2201 FISCAL YEAR.
Status: in_force

67-2201. Fiscal year. The fiscal year of the state of Idaho shall commence on the first day of July in each year, beginning with July 1st, 1941 and close on the thirtieth day of June of the following year.

History:

[67-2201, added 1941, ch. 63, sec. 1, p. 123.]
Idaho Code § 67-2603 — Idaho Code / Title 67 / Chapter 26 / Section 67-2603
67-2603 DIVISION EMPLOYEES.
Status: in_force

67-2603. DIVISION EMPLOYEES. (1) Employees of the division of occupational and professional licenses shall be subject to the provisions set forth in chapter 53, title 67, Idaho Code, except where otherwise specified.

(2) A division administrator shall be considered a nonclassified employee, an executive employee, and an exempt employee.

History:

[67-2603, added 2021, ch. 224, sec. 7, p. 662.]
Idaho Code § 67-6401 — Idaho Code / Title 67 / Chapter 64 / Section 67-6401
67-6401 SHORT TITLE.
Status: in_force

67-6401. Short title. This chapter may be referred to as and cited as "Idaho State Building Authority Act."

History:

[67-6401, added 1974, ch. 111, sec. 1, p. 1263.]
Idaho Code § 67-2328 — Idaho Code / Title 67 / Chapter 23 / Section 67-2328
67-2328 JOINT EXERCISE OF POWERS.
Status: in_force

67-2328. Joint exercise of powers. (a) Any power, privilege or authority, authorized by the Idaho Constitution, statute or charter, held by the state of Idaho or a public agency of said state, may be exercised and enjoyed jointly with the state of Idaho or any other public agency of this state having the same powers, privilege or authority; but never beyond the limitation of such powers, privileges or authority; and the state or public agency of the state, may exercise such powers, privileges and authority jointly with the United States, any other state, or public agency of any of them, to the extent that the laws of the United States or sister state, grant similar powers, privileges or authority, to the United States and its public agencies, or to the sister state and its public agencies; and provided the laws of the United States or a sister state allow such exercise of joint power, privilege or authority. The state or any public agency thereof when acting jointly with another public agency of this state may exercise and enjoy the power, privilege and authority conferred by this act; but nothing in this act shall be construed to extend the jurisdiction, power, privilege or authority of the state or public agency thereof, beyond the power, privilege or authority said state or public agency might have if acting alone.

(b) Any state or public agency may enter into agreements with one another for joint or cooperative action which includes, but is not limited to, joint use, ownership and/or operation agreements pursuant to the provisions of this act. Appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies of these participating public agencies shall be necessary before any such agreement may enter into force.

(c) Any such agreement shall specify the following:

(1) Its duration.

(2) The precise organization, composition and nature of any separate legal or administrative entity created thereby together with the powers delegated thereto, provided such entity may be legally created.

(3) Its purpose or purposes.

(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor.

(5) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination.

(6) Any other necessary and proper matters.

(d) In the event that the agreement does not establish a separate legal entity to conduct the joint or cooperative undertaking, the agreement shall, in addition to items (1), (3), (4), (5), and (6) of subsection (c) of this section, contain the following:

(1) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies party to the agreement shall be represented.

(2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking.

(3) No agreement made pursuant to this act shall relieve any public agency of any obligation or responsibility imposed upon it by law except that to the extent of actual and timely performance thereof by a joint board or other legal or administrative entity created by an agreement made hereunder, said performances may be offered in satisfaction of the obligation or responsibility.

History:

[67-2328, added 1970, ch. 38, sec. 3, p. 82; am. 1981. ch. 231, sec. 2, p. 469; am. 1984, ch. 72, sec. 3, p. 134; am. 1992, ch. 114, sec. 2, p. 343.]
Idaho Code § 67-4706 — Idaho Code / Title 67 / Chapter 47 / Section 67-4706
67-4706 COMMUNITY AFFAIRS FUNCTIONS AND RESPONSIBILITIES OF THE DEPARTMENT.
Status: in_force

67-4706. Community affairs functions and responsibilities of the department. The department of commerce shall have the following community affairs functions and responsibilities:

(1) Administration or coordination of state programs and projects relating to community affairs planning. The programs and projects shall be consistent with local, regional and state comprehensive plans and policies.

(2) Upon request, cooperate with and provide technical and financial assistance to counties, cities, municipal corporations, governmental conferences or councils, regional planning commissions, parks or recreation boards, community development groups, community action agencies, Indian tribes and similar agencies created for the purposes of aiding and encouraging an orderly, productive and coordinated development of the state, and to strengthen local planning responsibility and capability.

History:

[67-4706, added 1980, ch. 361, sec. 8, p. 942; am. 1985, ch. 160, sec. 9, p. 432.]
Idaho Code § 67-401 — Idaho Code / Title 67 / Chapter 4 / Section 67-401
67-401 CONSTITUTION OF LEGISLATURE.
Status: in_force

67-401. Constitution of legislature. The legislature consists of a senate and house of representatives, the members of which are elected from the respective senatorial and representative districts by the qualified electors of said districts.

History:

[(67-401) Based upon Const., art. 3, sec. 1, sec. 2, and R.S., sec. 115; compiled and reen. R.C., sec. 33; reen. C.L., sec. 33; C.S., sec. 75; I.C.A., sec. 65-401; am. 2009, ch. 52, sec. 3, p. 136.]
Idaho Code § 67-7433 — Idaho Code / Title 67 / Chapter 74 / Section 67-7433
67-7433 PRIZE EXPENSE.
Status: in_force

67-7433. Prize expense. Total prize expense, net of unclaimed prizes, as determined on an annual basis, shall be no less than forty-five percent (45%) of lottery revenues.

History:

[67-7433, added 1988, ch. 232, sec. 2, p. 457; am. 1989, ch. 352, sec. 18, p. 890; am. 2011, ch. 141, sec. 4, p. 401.]
Idaho Code § 67-2913 — Idaho Code / Title 67 / Chapter 29 / Section 67-2913
67-2913 SEARCH AND RESCUE FUND.
Status: in_force

67-2913. Search and rescue fund. There is hereby created in the state treasury the search and rescue fund.

(1) Moneys in the fund shall be maintained in four (4) subaccounts, identified respectively as the "cost reimbursement subaccount," the "training subaccount," the "catastrophic search subaccount" and the "equipment purchase matching subaccount." Moneys in the cost reimbursement subaccount are perpetually appropriated to and shall be used by the director of the Idaho state police for the purpose of defraying costs of search and rescue missions conducted by the county sheriff's office at a maximum of eight thousand dollars ($8,000) per rescue mission, regardless of the number of counties or county search and rescue organizations involved. One hundred percent (100%) of the moneys received pursuant to sections 49-448 and 63-2412, Idaho Code, shall be deposited to the credit of the cost reimbursement subaccount. Of the additional fine imposed pursuant to section 36-1405, Idaho Code, fifty percent (50%) shall be deposited to the credit of the cost reimbursement subaccount. In the event the balance in the cost reimbursement subaccount exceeds twenty-five thousand dollars ($25,000), the amount in excess shall be transferred to the equipment purchase matching subaccount.

(2) Fifty percent (50%) of the moneys received pursuant to the provisions of section 36-1405, Idaho Code, and any amount in excess of twenty-five thousand dollars ($25,000) in the cost reimbursement subaccount, shall be deposited in the search and rescue account to the credit of the equipment purchase matching subaccount, and are perpetually appropriated to the director of the Idaho state police for the purposes of the subaccount. Moneys in the equipment purchase matching subaccount shall be used by the director to match local funds for the purchase of equipment for use by local search and rescue units, at a maximum amount of two thousand dollars ($2,000) per unit in any single year. The cost sharing match in the equipment purchase matching subaccount shall be thirty-five percent (35%) local funds to sixty-five percent (65%) from the equipment purchase matching subaccount. In the event the balance in the equipment purchase matching subaccount exceeds fifteen thousand dollars ($15,000), the amount in excess shall be transferred to the training subaccount.

(3) Excess moneys described in subsection (2) of this section shall be deposited to the credit of the training subaccount. In the event the balance of the training subaccount exceeds twenty thousand dollars ($20,000), the amount in excess shall be transferred to the catastrophic search subaccount. Such moneys shall be perpetually appropriated to the director of the Idaho state police for the purposes of the subaccounts. Moneys in the training subaccount shall be used by the director for the purpose of providing training funds to sheriffs' offices for search and rescue training, to a maximum of two thousand dollars ($2,000) per training exercise, regardless of the number of counties or county search and rescue organizations involved.

(4) Moneys in the catastrophic search subaccount shall be used by the director for the purpose of providing reimbursement to the sheriff's office for searches and rescues costing in excess of eight thousand dollars ($8,000). Claims for reimbursement by sheriffs' offices shall be made on a quarterly basis and reimbursements shall be made by the director once each quarter. Reimbursement of each claim shall be made by the director as follows: (a) the first eight thousand dollars ($8,000) of a claim shall be reimbursed from the cost reimbursement subaccount; (b) the remainder of each claim exceeding eight thousand dollars ($8,000) shall be reimbursed from the catastrophic search subaccount. In the event that there are insufficient moneys in the catastrophic search subaccount to fully reimburse all catastrophic search claims in a given quarter, the director shall partially reimburse each claim on a pro rata basis. A sheriff's office may seek further reimbursement for any unreimbursed portion of a claim in the following quarters.

(5) The state treasurer shall invest all moneys in the search and rescue fund and the interest and proceeds earned on such investments shall be returned to the search and rescue fund.

History:

[(67-2913) 67-2903, added 1985, ch. 176, sec. 1, p. 458; am. 1990, ch. 380, sec. 2, p. 1054; am. and redesig. 1995, ch. 116, sec. 15, p. 395; am. 1996, ch. 57, sec. 2, p. 168; am. 2000, ch. 186, sec. 1, p. 457; am. 2000, ch. 469, sec. 12, p. 1464; am. 2025, ch. 219, sec. 1, p. 1035.]
Idaho Code § 67-1903 — Idaho Code / Title 67 / Chapter 19 / Section 67-1903
67-1903 STRATEGIC PLANNING.
Status: in_force

67-1903. Strategic planning. (1) Each state agency shall develop and submit to the division of financial management in an electronic format a comprehensive strategic plan for the major divisions and core functions of that agency. The plan shall be based upon the agency's statutory authority and, at a minimum, shall contain:

(a) A comprehensive outcome-based vision or mission statement covering major divisions and core functions of the agency;

(b) Goals for the major divisions and core functions of the agency;

(c) Objectives and/or tasks that indicate how the goals are to be achieved;

(d) Performance measures, developed in accordance with section 67-1904, Idaho Code, that assess the progress of the agency in meeting its goals in the strategic plan, along with an indication of how the performance measures are related to the goals in the strategic plan;

(e) Benchmarks or performance targets for each performance measure for, at a minimum, the next fiscal year, along with an explanation of the manner in which the benchmark or target level was established; and

(f) An identification of those key factors external to the agency and beyond its control that could significantly affect the achievement of the strategic plan goals and objectives.

(2) The strategic plan shall cover a period of not less than four (4) years forward including the fiscal year in which it is submitted, and shall be updated annually.

(3) The strategic plan shall serve as the foundation for developing the annual performance information required by section 67-1904, Idaho Code.

(4) When developing a strategic plan, an agency shall consult with the appropriate members of the legislature, and shall solicit and consider the views and suggestions of those persons and entities potentially affected by the plan. Consultation with legislators may occur when meeting the requirement of section 67-1904(7), Idaho Code.

(5) Strategic plans are public records and are available to the public as provided in section 74-102, Idaho Code.

(6) Each agency, department and commission shall seek to minimize the number of printed copies of strategic plans and annual reports by using electronic versions whenever possible, and by printing only a limited number sufficient for internal needs or anticipated requests for copies for which electronic versions are otherwise inadequate.

History:

[67-1903, added 2005, ch. 339, sec. 4, p. 1058; am. 2012, ch. 205, sec. 1, p. 545; am. 2015, ch. 141, sec. 167, p. 512.]
Idaho Code § 67-101 — Idaho Code / Title 67 / Chapter 1 / Section 67-101
67-101 LOCATION.
Status: in_force

67-101. Location. The seat of government of this state is at Boise City, in the county of Ada.

History:

[(67-101) 1864, p. 427, sec. 1; R.S., sec. 105; am. R.C., sec. 22; reen. C.L., sec. 22; C.S., sec. 4; I.C.A., sec. 65-101.]
Idaho Code § 67-2329 — Idaho Code / Title 67 / Chapter 23 / Section 67-2329
67-2329 AGREEMENT FILED WITH SECRETARY OF STATE — CONSTITUTIONALITY — ENFORCEABLE IN COURTS — RECIPROCITY.
Status: in_force

67-2329. Agreement filed with secretary of state — Constitutionality — Enforceable in courts — Reciprocity. Prior to its becoming binding, any agreement made pursuant to this act between two (2) or more states or between two (2) or more public agencies of two (2) or more states shall be filed with the secretary of state, who shall require an opinion of the attorney general that such agreement does not violate the provisions of the Constitution of the United States, or the Idaho Constitution and statutes. Such opinion shall be rendered within thirty (30) days from the date of request by the secretary of state and submitted to the secretary and interested parties. Failure to render such opinion within such time shall be considered as approval by the attorney general. Upon receiving an opinion that the agreement is constitutional the secretary shall notify the agreeing parties and the agreement shall be in full force and effect from the date of such notice, provided, that such agreement shall not be enforced by the courts of this state unless the state of Idaho or public agency thereof is provided due process for enforcement in the courts of the United States or a sister state. In the event of action on any such agreement, any state or public agency joined in such action not a real party in interest, may seek damages incurred by it because of such joinder against any proper party to the action.

History:

[67-2329, added 1970, ch. 38, sec. 4, p. 82.]
Idaho Code § 67-9803 — Idaho Code / Title 67 / Chapter 98 / Section 67-9803
67-9803 REMEDIES.
Status: in_force

67-9803. Remedies. (1) An individual who, while accessing a restroom or changing room designated for use by such individual's sex, encounters a person of the opposite sex in such restroom or changing room shall have a private cause of action for declaratory and injunctive relief against the covered entity if the covered entity:

(a) Provided the person permission to use a restroom or changing room of the opposite sex; or

(b) Failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room of the opposite sex.

(2) An individual who is required by the covered entity to share sleeping quarters with a person of the opposite sex shall have a private cause of action for declaratory and injunctive relief against the covered entity.

(3) All civil actions brought pursuant to this section must be initiated within two (2) years after the violation occurred. An individual aggrieved under the provisions of this section who prevails in court may recover reasonable attorney's fees and costs from the offending covered entity.

History:

[67-9803, added 2025, ch. 251, sec. 1, p. 1115.]
Idaho Code § 67-8703 — Idaho Code / Title 67 / Chapter 87 / Section 67-8703
67-8703 BOND BANK AUTHORITY CREATED — MEMBERSHIP — VACANCIES — OFFICERS — QUORUM — COMPENSATION.
Status: in_force

67-8703. Bond bank authority created — Membership — Vacancies — Officers — Quorum — Compensation. (1) There is hereby created an independent public body corporate and politic to be known as the Idaho bond bank authority. The authority is an instrumentality of the state within the state treasurer's office but has a legal existence independent of and separate from the state with continuing succession until its existence is terminated by law.

(2) The authority shall consist of the following five (5) members:

(a) The state treasurer, or his designee, who shall serve as ex officio chairman;

(b) One (1) member of the senate, who shall be appointed by and serve at the pleasure of the president pro tempore of the senate for a term of two (2) years;

(c) One (1) member of the house of representatives, who shall be appointed by and serve at the pleasure of the speaker of the house of representatives for a term of two (2) years; and

(d) Two (2) members appointed by the governor, who shall serve at the pleasure of the governor for terms of four (4) years, and who shall be residents of the state and qualified voters at the time of appointment.

(3) A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment and for the balance of the unexpired term.

(4) The members may elect, by majority vote, a secretary and a treasurer. The secretary and treasurer may be nonmembers, and the same person may be elected to serve both as secretary and treasurer.

(5) Three (3) members of the authority shall constitute a quorum. Action may be taken and motions and resolutions adopted by the authority at any meeting by the affirmative vote of a majority of members present. A vacancy in the membership of the authority does not impair the right of a quorum to exercise all the powers and perform all the duties of the authority.

(6) Members of the authority shall be compensated as provided by section 59-509(h), Idaho Code, except for those members with salaries established in section 59-501, Idaho Code.

History:

[67-8703, added 2001, ch. 130, sec. 1, p. 453; am. 2013, ch. 105, sec. 1, p. 248.]
Idaho Code § 67-5770 — Idaho Code / Title 67 / Chapter 57 / Section 67-5770
67-5770 RETIREMENT SYSTEM NOT AFFECTED.
Status: in_force

67-5770. Retirement system not affected. Nothing in this act shall apply to or affect the public employee retirement system of Idaho as established under chapter 13, title 59, Idaho Code, the policemen's retirement fund as established under chapter 15, title 50, Idaho Code, the firemen's retirement fund as established under chapter 14, title 72, Idaho Code, the judges retirement fund as established under chapter 20, title 1, Idaho Code, or the retirement system of the department of employment as established under chapter 13, title 72, Idaho Code, as heretofore or hereafter amended or supplemented.

Provided, however, for the purpose of standardizing retirement benefits for all county employees, any county not participating in the public employee retirement system of Idaho on July 1, 1977 shall apply for membership in said system no later than July 1, 1978, in accordance with the provisions of section 59-1309, Idaho Code. Any existing retirement program, shall be terminated prior to the date of entry into the public employee retirement system of Idaho.

History:

[(67-5770) 1974, ch. 253, sec. 7, p. 1656; am. 1977, ch. 161, sec. 1, p. 417; am. and redesig. 1980, ch. 106, sec. 19, p. 239.]
Idaho Code § 67-5005 — Idaho Code / Title 67 / Chapter 50 / Section 67-5005
67-5005 LEGISLATIVE INTENT.
Status: in_force

67-5005. Legislative intent. The legislature hereby finds and recognizes the need to provide basic necessities to its older people in their later years and particularly in providing efficient community services, including access transportation, adequate nutrition, in-home services, and adult day care, designed to permit its older people to remain independent and to be able to avoid institutionalization; and that these services be provided in a coordinated manner and be readily available when needed and accessible to all older people.

This act shall be known as the "Idaho Senior Services Act."

History:

[67-5005, added 1976, ch. 305, sec. 1, p. 1046; am. 1982, ch. 67, sec. 3, p. 132; am. 1989, ch. 117, sec. 1, p. 262.]
Idaho Code § 67-7010 — Idaho Code / Title 67 / Chapter 70 / Section 67-7010
67-7010 UNNUMBERED VESSELS.
Status: in_force

67-7010. Unnumbered vessels. It shall be unlawful for an owner of a vessel to have such vessel on the waters of the state of Idaho, or for any person to operate or permit the operation of any vessel on the waters of the state of Idaho, unless it shall have a current certificate of number and display a vessel number and current validation stickers as provided by law.

History:

[67-7010, added 1986, ch. 207, sec. 2, p. 522; am. 1989, ch. 405, sec. 1, p. 992; am. 2014, ch. 338, sec. 18, p. 850; am. 2015, ch. 244, sec. 61, p. 1038.]
Idaho Code § 67-8715 — Idaho Code / Title 67 / Chapter 87 / Section 67-8715
67-8715 EXEMPTION FROM EXECUTION AND SALE.
Status: in_force

67-8715. Exemption from execution and sale. All property of the authority is exempt from levy and sale by virtue of an execution. No execution or other judicial process may issue against the property of the authority, and a judgment against the authority may not be a charge or lien upon its property; provided however, this section shall not apply to nor limit the rights of a holder of bonds or a trustee on behalf of the holder to pursue a remedy for the enforcement of a pledge, lien or covenant given by the authority or a municipality.

History:

[67-8715, added 2001, ch. 130, sec. 1, p. 457.]
Idaho Code § 67-8921 — Idaho Code / Title 67 / Chapter 89 / Section 67-8921
67-8921 ANNUAL REPORT.
Status: in_force

67-8921. Annual report. The authority shall submit to the governor and to the legislature within ninety (90) days after the end of its fiscal year a complete and detailed report setting forth:

(1) Its operations and accomplishments;

(2) An accounting of its receipts and expenditures during such fiscal year in accordance with the categories or classifications established by the authority for its operating and capital outlay purposes;

(3) Its assets and liabilities at the end of its fiscal year, including the status of reserve, special or other funds;

(4) A schedule of its bonds outstanding at the end of its fiscal year, together with a statement of the amounts redeemed and incurred during such fiscal year; and

(5) Any new or additional facility management and operation activities.

History:

[67-8921, added 2005, ch. 53, sec. 1, p. 205; am. 2007, ch. 107, sec. 3, p. 312.]
Idaho Code § 67-7040 — Idaho Code / Title 67 / Chapter 70 / Section 67-7040
67-7040 APPLICATION TO CERTAIN VESSELS.
Status: in_force

67-7040. Application to certain vessels. (1) The provisions of the vessel titling act shall apply to every 2000 and newer model year vessel upon transfer of ownership, and optionally to all other vessels of a model year prior to 2000, effective on and after January 1, 2000, even though vessels need not be registered under the provisions of chapter 4, title 49, Idaho Code. Vessels shall be issued a certificate of number as provided in section 67-7008, Idaho Code.

(2) The provisions of the vessel titling act shall apply exclusively to vessels with a permanently attached mode of propulsion, such as: an inboard motor, sail, personal watercraft, or other propelling machinery, and all vessels over twelve (12) feet regardless of mode of propulsion, except: driftboats, canoes, kayaks, inflatable vessels, rafts, barges, nonmotorized paddle vessels, sailboards, tenders, seaplanes, documented vessels, and vessels owned by the United States or a foreign state or political subdivision.

(3) Once titled, the vessel remains a titled vessel and is subject to the requirements of chapter 5, title 49, Idaho Code.

History:

[67-7040, added 1999, ch. 298, sec. 4, p. 750; am. 2001, ch. 73, sec. 18, p. 170; am. 2014, ch. 38, sec. 20, p. 88; am. 2014, ch. 338, sec. 22, p. 853.]
Idaho Code § 67-2353 — Idaho Code / Title 67 / Chapter 23 / Section 67-2353
67-2353 CITY OR COUNTY REQUEST FOR ADVICE.
Status: in_force

67-2353. City or county request for advice. (1) In the event that a city or county has before it a matter in which it considers a permit to construct and operate an energy facility that will be used for the generation of electricity, the city or county may request assistance in the evaluation of the environmental attributes and impacts of the operation of the facility from any department of state government as provided in this act. The request to a department for assistance shall specify the scope of the requested assistance, shall request a written response to the request and shall include the information provided to the city or county by the applicant that relates to the request for assistance.

(2) In addition to such other information as the ordinances of the city or county may require, a city or county may require an applicant for the construction of an energy facility to submit preliminary air emission and preliminary water consumption data concerning the proposed energy facility based on the design of the facility.

(3) If a city or county requests assistance from more than one (1) department, the city or county may designate one of the departments to coordinate the reporting by all departments pursuant to this act.

History:

[67-2353, added 2007, ch. 164, sec. 1, p. 491.]