Idaho Code § 67-834 — Idaho Code / Title 67 / Chapter 8 / Section 67-834
67-834 DEFINITIONS.
Status: in_force

67-834. DEFINITIONS. As used in sections 67-835, 67-836 and 67-837, Idaho Code:

(1) "Geographic information" means data and datasets containing location information including, but not limited to, remotely sensed imagery, global positioning systems files, geospatially referenced computer-aided design files, digital cartographic products, spatially enabled databases, and geospatial datasets locating and describing features and their attributes on, above or under the earth.

(2) "Geographic information systems" or "GIS" means an information system capable of capturing, integrating, storing, editing, analyzing, managing, sharing, and displaying geographic information. A GIS involves computer hardware, software, networks and applications, as well as the people to operate, develop, administer and use them.

(3) "Metadata" means a description of the quality, currency, attributes, methods and other salient aspects of geographic and tabular information.

(4) "State agency" means all state agencies or departments, boards, commissions, councils and institutions of higher education but shall not include the elected constitutional officers and their staffs, the legislature and its staffs or the judiciary.

History:

[67-834, added 2018, ch. 258, sec. 9, p. 614.]
Idaho Code § 67-4502 — Idaho Code / Title 67 / Chapter 45 / Section 67-4502
67-4502 STATE FLOWER DESIGNATED.
Status: in_force

67-4502. State flower designated. The Syringa (Philadelphus lewisii) is hereby designated and declared to be the state flower of the state of Idaho.

History:

[(67-4502) 1931, ch. 75, sec. 1, p. 129; I.C.A., sec. 65-4202.]
Idaho Code § 67-4515 — Idaho Code / Title 67 / Chapter 45 / Section 67-4515
67-4515 STATE CUT DESIGNATED.
Status: in_force

67-4515. state cut designated. The Idaho cut is hereby designated and declared to be the official state cut of the state of Idaho for faceted gemstones.

History:

[67-4515, added 2022, ch. 213, sec. 1, p. 685.]
Idaho Code § 67-4202 — Idaho Code / Title 67 / Chapter 42 / Section 67-4202
67-4202 HEYBURN PARK.
Status: in_force

67-4202. Heyburn Park. The name of the park created out of Coeur d'Alene Indian reservation by the act of congress of April 30, 1908 (35 Statutes at Large, 78), shall be Heyburn Park, said park being described as follows, to wit:

Sections one (1), two (2) and twelve (12), township forty-six (46) north of range four (4) west, Boise meridian; sections thirty-five (35) and thirty-six (36), township forty-seven (47) north of range four (4) west, Boise meridian; all of those portions of sections two (2), three (3), four (4), five (5), six (6), seven (7), eight (8), nine (9), ten (10) and eleven (11), township forty-six (46) north of range three (3) west, Boise meridian, lying south and west of the Saint Joe river in said township; all of those portions of sections thirty-one (31) and thirty-two (32), township forty-seven (47) north of range three (3) west, Boise meridian, lying south and west of the Saint Joe river in said township.

History:

[(67-4202) Based upon 1911, ch. 89, sec.sec. 1, 2, p. 335; compiled and reen. C.L. 132:5; C.S., sec. 3090; I.C.A., sec. 65-3904.]
Idaho Code § 67-4201 — Idaho Code / Title 67 / Chapter 42 / Section 67-4201
67-4201 WITHDRAWAL OF LANDS FOR PARK PURPOSES.
Status: in_force

67-4201. Withdrawal of lands for park purposes. Wherever any lands are owned by the state of Idaho, bordering on or in the vicinity of any lake, waterfall, spring or other natural curiosity, the park and recreation board of the department of parks and recreation may withdraw the premises from sale. If in the opinion of the park and recreation board it is desirable, the lands may be platted into lots and blocks, parks, streets and public places, and the lots and blocks may be appraised and an annual rental fixed thereon. No lease of the premises shall be made for a longer period than ten (10) years, and every lease shall specify that no disorderly house shall be kept on the premises; that the premises shall be kept in good condition, and that no waste shall be committed thereon. Notwithstanding the foregoing, the board may, in its discretion, extend or renew an existing lease of a float home moorage site for a period of up to thirty (30) years, on terms and conditions as the board deems appropriate. The board may require a bond against waste, and may prescribe additional rules for leasing of the premises for the use thereof and for construction of buildings or other improvements thereon, and the removal thereof.

History:

[(67-4201) 1907, p. 311, sec. 1; reen. R.C., sec. 1639; compiled and reen. C.L. 132:1; C.S., sec. 3086; I.C.A., sec. 65-3901; am. 1953, ch. 78, sec. 1, p. 101; am. 2014, ch. 129, sec. 1, p. 362.]
Idaho Code § 67-2347 — Idaho Code / Title 67 / Chapter 23 / Section 67-2347
67-2347 PROHIBITION OF ENVIRONMENTAL, SOCIAL, AND GOVERNANCE STANDARDS IN PUBLIC CONTRACTS.
Status: in_force

67-2347. prohibition of environmental, social, and governance standards in public contracts. (1) As used in this section:

(a) "Contract" means an agreement for the provision of goods or performance of services in exchange for remuneration between a public entity and another party that:

(i) Has a value of one hundred thousand dollars ($100,000) or more that is to be paid wholly or partly from the funds of a public entity; and

(ii) Is not subject to the provisions of section 67-5711C, Idaho Code, or chapter 92, title 67, Idaho Code.

(b) "Contractor" means any person or entity who has entered or is attempting to enter into a contract, including but not limited to a construction manager licensed pursuant to chapter 45, title 54, Idaho Code, and design-build entities as provided in chapter 57, title 67, Idaho Code.

(c) "Environmental, social, and governance standards" means standards that would screen or score contractors based on subjective ethical or sustainability criteria unrelated to the specifications of a contract or the qualifications of a contractor.

(d) "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 rule.

(2) No contract shall be accepted or denied by a public entity based on environmental, social, and governance standards.

(3) A contractor not selected for a contract with a public entity may assert noncompliance with this section as a basis to challenge the award of the contract under the administrative and legal processes otherwise applicable to the award of the contract.

History:

[67-2347, added 2023, ch. 129, sec. 2, p. 367.]
Idaho Code § 67-8915 — Idaho Code / Title 67 / Chapter 89 / Section 67-8915
67-8915 ISSUANCE OF BONDS TO FINANCE FACILITIES.
Status: in_force

67-8915. Issuance of bonds to finance facilities. (1) The authority shall have power and is hereby authorized to issue, from time to time, its bonds in such principal amount as it shall determine to be necessary to provide sufficient funds to pay, finance or refinance the cost of any facility, and all other expenditures of the authority incidental and necessary or convenient to carry out its corporate purposes and powers. The cost of any facility shall include all amounts determined by the authority to be necessary or desirable in connection with the acquisition, construction, development, improvement and equipping of a facility including, but not limited to:

(a) The cost of acquiring all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interests necessary, used or useful for or in connection with the facility;

(b) The cost of all machinery and equipment necessary, used or useful in connection with the facility;

(c) The cost of architectural, engineering and legal services, including studies, surveys, plans and specifications, and related services;

(d) The cost of interest on bonds prior to and during construction, and if judged advisable by the authority, for a period after completion of such construction, and all other costs incidental to the issuance of bonds by the authority;

(e) The cost of reserves for future repairs, replacements and additions to a facility, insurance policies and premiums and related costs and expenses; and

(f) All other costs and expenses determined by the authority to be necessary and incidental to the acquisition, construction, financing and placing in operation of a facility.

The proceeds of the bonds may also be used to provide for the payment of any financial fees and charges, including underwriting discounts, financial advisory, legal and trustee fees and expenses, the premiums for or costs of bond insurance, surety bonds or other forms of credit or liquidity enhancement, and to provide for any necessary debt service reserves associated with such bonds.

(2) The bonds shall be authorized by resolution or resolutions of the authority, shall be dated, shall mature, shall bear interest, shall be in such form and shall otherwise have such terms and provisions as such resolution or resolutions may provide, except that no bond shall mature more than forty (40) years from the date of its issue. The bonds shall bear interest at such rate or rates, shall be executed in such manner, shall be payable in such medium at such place or places, and be subject to such terms of redemption as such resolution or resolutions may provide. The authority may sell its bonds at public or private sale, at such price or prices as it shall determine.

(3) Any resolution or resolutions authorizing bonds, or any trust indenture or other instrument securing bonds, may contain provisions which shall be a part of the contract or contracts with the holders thereof, as to:

(a) Pledging and assigning all or any part of the revenues of the authority to secure the payment of the bonds, and the use and disposition of such revenues pending the payment of the bonds;

(b) Pledging and assigning all or any part of the assets of the authority including mortgages and obligations securing the same, to secure the payment of the bonds;

(c) The setting aside of reserves or sinking funds and the regulation and disposition thereof;

(d) Limitations on the purpose to which the proceeds of sale of bonds may be applied and limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;

(e) The procedure, if any, by which the terms of any contract with bondholders may be amended, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;

(f) Vesting in a trustee or trustees such property, rights, powers and duties in trust as the authority may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this chapter;

(g) Defining the acts or omissions to act which shall constitute a default in the obligations and duties of the authority to the holders of the bonds and providing for the rights and remedies of the holders of the bonds in the event of such default, including as a matter of right the appointment of a receiver; and

(h) Any other matters, of like or different character, deemed necessary, desirable or appropriate by the authority in connection with the issuance of its bonds.

(4) Any pledge made by the authority shall be valid and binding from the time when the pledge is made; the revenues, moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.

(5) Neither the directors of the authority nor any other person executing such bonds shall be subject to any personal liability or accountability by reason of the issuance thereof.

(6) The authority may from time to time purchase any of its outstanding bonds out of any moneys available to it for such purpose at such price or prices as the authority shall deem reasonable or necessary.

(7) In the discretion of the authority, the bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any bank or trust company organized under the laws of the United States or any state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be determined by the authority to be reasonable and necessary, including covenants setting forth the duties of the authority in relation to the exercise of its corporate powers, the custody, the safeguarding and application of all moneys, the events of default and the rights and remedies of the bondholders and the corporate trustee upon the occurrence of an event of default. The authority may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the operating expenses of the authority. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them.

(8) Whether or not the bonds are of such form and character as to be negotiable instruments under the terms of the uniform commercial code, the bonds are hereby made negotiable instruments within the meaning of and for all the purposes of the uniform commercial code, subject only to the provisions of the bonds for registration.

History:

[67-8915, added 2005, ch. 53, sec. 1, p. 201.]
Idaho Code § 67-2510 — Idaho Code / Title 67 / Chapter 25 / Section 67-2510
67-2510 COOPERATION OF DEPARTMENTS.
Status: in_force

67-2510. Cooperation of departments. The governor shall devise a practical and working basis for cooperation and coordination of work, eliminating duplication and overlapping of functions. All departments shall, so far as practicable, cooperate with each other in the employment of services and the use of quarters and equipment. The director of any department may empower or require an employee of another department, subject to the consent of the superior officer of the employee, to perform any duty which he might require of his own subordinates.

Whenever in this act power is vested in a department to inspect, examine, secure data or information, or to procure assistance from another department, a duty is hereby imposed upon the department upon which demand is made, to make such power effective.

History:

[(67-2510) 1919, ch. 8, sec. 22, p. 43; C.S., sec. 272; I.C.A., sec. 65-2410; am. 1974, ch. 40, sec. 11, p. 1072.]
Idaho Code § 67-2751 — Idaho Code / Title 67 / Chapter 27 / Section 67-2751
67-2751 DEFINITIONS.
Status: in_force

67-2751. Definitions. As used in sections 67-2750 through 67-2762, Idaho Code:

(1) "Act" or "Idaho Financial Fraud Prevention Act" means sections 67-2750 through 67-2762, Idaho Code.

(2) "Department" means the Idaho department of finance.

(3) "Director" means the director of the Idaho department of finance or his designee.

(4) "Financial institution" means any state or federally chartered bank, savings bank, savings and loan association, thrift institution, holding company, credit union, credit union service organization, "regulated lender" as defined in section 28-41-301, Idaho Code, collection agency licensed under the Idaho collection agency act, mortgage lender, mortgage broker, or loan originator licensed under the Idaho residential mortgage practices act, licensee under the Idaho money transmitters act, escrow agency, or broker-dealer or investment advisor licensed under the Idaho securities act or federal law, or such an institution licensed under the laws of another state, and doing business in Idaho.

(5) "Person" means a natural person, firm, partnership, association, corporation, limited liability company, limited liability partnership, trust, or any other association of individuals, however organized, and whether or not citizens or residents of this state.

History:

[67-2751, added 2005, ch. 265, sec. 3, p. 810; am. 2013, ch. 54, sec. 17, p. 124.]
Idaho Code § 67-4219 — Idaho Code / Title 67 / Chapter 42 / Section 67-4219
67-4219 INTENT OF LEGISLATURE.
Status: in_force

67-4219. Intent of legislature. It is the intent of the legislature that the department of parks and recreation shall formulate and put into execution a long range, comprehensive plan and program for the acquisition or leasing, planning, protection, operation, maintenance, development and wise use of areas of scenic beauty, recreational utility, historic, archaeological or scientific interest, to the end that the health, happiness, recreational opportunities and wholesome enjoyment of life of the people may be further encouraged. The department may fulfill this mission by operating a statewide system of parks and recreation programs or by entering into agreements with cities, counties, recreation districts or other political subdivisions or agencies of the state, the federal government, tribal governments, private landowners or nonprofit organizations, that further expand the public park and recreation opportunities available to the public. The legislature finds that the state of Idaho and its subdivisions should enjoy the benefits of federal lands and assistance programs for the planning and development of the outdoor recreational resources of the state, including the acquisition or leasing of lands and waters and interests therein in accordance with all other applicable laws, including applicable provisions of titles 42 and 43, Idaho Code. It is the purpose of this act to provide authority to enable the state of Idaho and its subdivisions to participate in the benefits of such lands and programs.

History:

[67-4219, added 1965, ch. 85, sec. 2, p. 139; am. 1972, ch. 65, sec. 3, p. 108; am. 2002, ch. 225, sec. 1, p. 648.]
Idaho Code § 67-5711A — Idaho Code / Title 67 / Chapter 57 / Section 67-5711A
67-5711A DESIGN-BUILD CONTRACTING AUTHORIZED.
Status: in_force

67-5711A. Design-build contracting authorized. Notwithstanding any other provisions of law to the contrary, the director of the department of administration, or his designee, is authorized and empowered, subject to the approval of the permanent building fund advisory council, to employ the use of the design-build method of construction in the letting of any and all contracts for the construction, alteration, equipping, furnishing and repair of any and all buildings, improvements, or other public works of the state of Idaho. However, no such contract shall be awarded or denied based on environmental, social, and governance standards. For the purposes of this section:

(1) A design-build contract is a contract between the state of Idaho and a nongovernmental party in which the nongovernmental party contracting with the state of Idaho agrees to both design and build the structure, roadway, or other items specified in the contract; and

(2) "Environmental, social, and governance standards" means procurement standards that screen or score bids, in whole or in part, on subjective ethical or sustainability criteria unrelated to the specifications in a solicitation or the qualifications of a bidder.

History:

[67-5711A, added 1987, ch. 283, sec. 1, p. 595; am. 2023, ch. 129, sec. 3, p. 368.]
Idaho Code § 67-836 — Idaho Code / Title 67 / Chapter 8 / Section 67-836
67-836 AGENCIES TO PROVIDE RECORDS AND DATA.
Status: in_force

67-836. AGENCIES TO PROVIDE RECORDS AND DATA. (1) Every state agency shall, no later than January 15, 2009, provide records in an electronic format acceptable to the department of administration of all interests in any real property owned, used or granted by it including, without limitation, records of ownership, leases, encumbrances, easements, rights-of-way leases or any other interest in real property. On and after July 1, 2018, and on a regular and continuous basis thereafter, every state agency shall update such records and provide any new records to the office of information technology services. Metadata will accompany all state agency records.

(2) For the purposes of this section, the Idaho transportation department shall provide highway right-of-way records from January 1, 2002, forward, augmented thereafter each time real property owned by the state of Idaho is affected as part of the Idaho transportation department's regular course of business.

(3) For the purposes of this section, state agencies shall provide only records and geographic information that are subject to disclosure under chapter 1, title 74, Idaho Code, or that the agency has determined to disclose as a public record.

History:

[67-836, added 2018, ch. 258, sec. 11, p. 614.]
Idaho Code § 67-9419 — Idaho Code / Title 67 / Chapter 94 / Section 67-9419
67-9419 NONPUBLIC SCHOOL HIGH SCHOOL DIPLOMA EQUIVALENCY.
Status: in_force

67-9419. NONPUBLIC school high school diploma equivalency. Notwithstanding any provision of law to the contrary, in determining qualifications for licensure, a licensing authority shall regard a person who is eighteen (18) years of age or older and who has earned a high school diploma from a nonpublic school as possessing the equivalent of:

(1) Graduation from an accredited high school;

(2) A high school diploma; or

(3) A GED.

History:

[67-9419, added 2026, ch. 135, sec. 1, p. 633.]
Idaho Code § 67-6616 — Idaho Code / Title 67 / Chapter 66 / Section 67-6616
67-6616 EXAMINATION OF STATEMENTS.
Status: in_force

67-6616. Examination of statements. Within three (3) months after the date of each election, the secretary of state shall examine such statement filed pursuant to this chapter for statewide, legislative, and judicial district offices or measures, and the county clerk shall inspect each statement filed for all local government offices or measures for which the county is the home county, as defined in section 34-1401, Idaho Code; and referring to the election, determine whether the statement conforms to law. Such examinations shall include a comparison of reports and statements received by the secretary of state pursuant to sections 67-6607 through 67-6609, 67-6611, and 67-6614, Idaho Code. The secretary of state or county clerk may require any person to answer in writing and under oath or affirmation any question within the knowledge of that person concerning the source of any contribution.

History:

[67-6616, added Init. Measure 1974, No. 1, sec. 16; am. 2019, ch. 288, sec. 13, p. 840.]
Idaho Code § 67-459 — Idaho Code / Title 67 / Chapter 4 / Section 67-459
67-459 TERM OF MEMBERSHIP AND ORGANIZATION OF COMMITTEE.
Status: in_force

67-459. Term of membership and organization of committee. All members appointed to the joint legislative oversight committee shall serve for a term as provided by the legislative council. The committee shall meet no later than thirty (30) days after appointment by the legislative council for the purpose of organizing the committee. A chairman and cochairman shall be appointed by the legislative council and shall be from different houses of the legislature and from different political parties. Actual and necessary expenses and per diem shall be allowed as provided by the legislative council and shall be paid from the legislative account.

History:

[67-459, added 1993, ch. 327, sec. 3, p. 1191.]
Idaho Code § 67-2010 — Idaho Code / Title 67 / Chapter 20 / Section 67-2010
67-2010 SUPPLIES — VOUCHERS.
Status: in_force

67-2010. Supplies — Vouchers. Vouchers submitted for supplies furnished the state must set forth in itemized form the number or amount, and price of each article included in the account. Such vouchers must contain certificates signed by the head of the department or institution to the effect that the supplies were ordered by proper authority, that they were necessary in the public service, that the account is correct and just, and that the supplies charged for have actually been received in number and amount as charged.

History:

[(67-2010) R.C., sec. 145d, as added by 1913, ch. 15, sec. 3, p. 56; reen. C.L. 11:6; C.S., sec. 235; am. 1927, ch. 201, sec. 4, p. 279; I.C.A., sec. 65-2009; am. 1972, ch. 406, sec. 2, p. 1191.]
Idaho Code § 67-5278 — Idaho Code / Title 67 / Chapter 52 / Section 67-5278
67-5278 DECLARATORY JUDGMENT ON VALIDITY OR APPLICABILITY OF RULES.
Status: in_force

67-5278. Declaratory judgment on validity or applicability of rules. (1) The validity or applicability of a rule may be determined in an action for declaratory judgment in the district court, if it is alleged that the rule, or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the petitioner.

(2) The agency shall be made a party to the action.

(3) A declaratory judgment may be rendered whether or not the petitioner has requested the agency to pass upon the validity or applicability of the rule in question.

History:

[67-5278, added 1965, ch. 273, sec. 7, p. 701; am. and redesignated 1992, ch. 263, sec. 50, p. 814.]
Idaho Code § 67-6529C — Idaho Code / Title 67 / Chapter 65 / Section 67-6529C
67-6529C DEFINITIONS.
Status: in_force

67-6529C. Definitions. As used in this act, the following definitions shall apply:

(1) "CAFO," also referred to as "concentrated animal feeding operation" or "confined animal feeding operation," means, for those counties that have requested a site suitability determination, a CAFO as defined in the applicable ordinance of the county wherein the CAFO is located. If the requesting county has not defined CAFO in its ordinances, CAFO means a lot or facility where the following conditions are met:

(a) Animals have been, are, or will be stabled or confined and fed or maintained for a total of ninety (90) consecutive days or more in any twelve-month period;

(b) Crops, vegetation, forage growth or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility; and

(c) The lot or facility is designed to confine or actually does confine as many as or more than the numbers of animals specified in any of the following categories: seven hundred (700) mature dairy cows, whether milked or dry; one thousand (1,000) veal calves; one thousand (1,000) cattle other than mature dairy cows or veal calves; two thousand five hundred (2,500) swine each weighing fifty-five (55) pounds or more; ten thousand (10,000) swine each weighing less than fifty-five (55) pounds; five hundred (500) horses; ten thousand (10,000) sheep or lambs; or eighty-two thousand (82,000) chickens.

Two (2) or more concentrated animal feeding operations under common ownership are considered, for the purposes of this definition, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes;

(2) "CAFO site advisory team" shall mean representatives of the Idaho state department of agriculture, Idaho department of environmental quality and Idaho department of water resources who review a site proposed for a CAFO, determine environmental risks and submit a suitability determination to a county. The department of agriculture shall serve as the lead agency for the team;

(3) "Environmental risk" shall mean that risk to the environment deemed posed by a proposed CAFO site, as determined and categorized by the CAFO site advisory team and set forth in the site advisory team's suitability determination report;

(4) "Suitability determination" shall mean that document created and submitted by the CAFO site advisory team after review and analysis of a proposed CAFO site that identifies the environmental risk categories related to a proposed CAFO site, describes the factors that contribute to the environmental risks and sets forth any possible mitigation of risk.

History:

[67-6529C, added 2001, ch. 381, sec. 3, p. 1337; am. 2006, ch. 218, sec. 1, p. 653; am. 2011, ch. 180, sec. 1, p. 511.]
Idaho Code § 67-8002 — Idaho Code / Title 67 / Chapter 80 / Section 67-8002
67-8002 DEFINITIONS.
Status: in_force

67-8002. Definitions. As used in this chapter:

(1) "Local government" means any city, county, taxing district or other political subdivision of state government with a governing body.

(2) "Private property" means all property protected by the constitution of the United States or the constitution of the state of Idaho.

(3) "State agency" means the state of Idaho and any officer, agency, board, commission, department or similar body of the executive branch of the state government.

(4) "Regulatory taking" means a regulatory or administrative action resulting in deprivation of private property that is the subject of such action, whether such deprivation is total or partial, permanent or temporary, in violation of the state or federal constitution.

History:

[67-8002, added 1994, ch. 116, sec. 1, p. 265; am. 1995, ch. 182, sec. 2, p. 668; am. 2003, ch. 141, sec. 1, p. 409.]
Idaho Code § 67-1602 — Idaho Code / Title 67 / Chapter 16 / Section 67-1602
67-1602 IDAHO STATE CAPITOL — ALLOCATION AND CONTROL OF SPACE.
Status: in_force

67-1602. Idaho state capitol — Allocation and control of space. The space within the interior of the capitol building shall be allocated and controlled as follows:

(1) Public space. The interior within the rotunda; the hallways in the basement, including the underground atrium wings, and on the first and second floors; the restrooms located adjacent thereto; the elevators; and the stairways between the basement, including the underground atrium wings, and the first, second, third, and fourth floors (excepting the interior stairways between the third and fourth floors within the legislative chambers) shall be space within the capitol building open to the public ("public space"). Subject to this chapter, the director of the department of administration shall maintain all public space.

(2) Executive department. The governor shall determine the use and allocate the space within the second floor. The director of the department of administration shall maintain such space.

(3) Legislative department. The legislative department shall determine the use of the space on the first, third, and fourth floors as well as the basement, which basement shall include the underground atrium wings. All space within the first, third, and fourth floors and the basement shall be allocated by the presiding officers of the senate and the house of representatives. Except as otherwise provided in subsection (1) of this section, the presiding officers shall maintain such space and provide equipment and furniture thereto, provided however, that the presiding officers may contract with the director of the department of administration to maintain such space and provide equipment and furniture thereto.

History:

[67-1602, added 1998, ch. 306, sec. 2, p. 1008; am. 2007, ch. 157, sec. 3, p. 480; am. 2022, ch. 61, sec. 1, p. 193.]
Idaho Code § 67-8714 — Idaho Code / Title 67 / Chapter 87 / Section 67-8714
67-8714 PERSONAL LIABILITY.
Status: in_force

67-8714. Personal liability. Neither a member of the authority nor a person executing bonds issued or contracts entered into under this chapter shall be liable personally on the bonds or contracts.

History:

[67-8714, added 2001, ch. 130, sec. 1, p. 457.]
Idaho Code § 67-2744 — Idaho Code / Title 67 / Chapter 27 / Section 67-2744
67-2744 DEPOSITORIES TO RENDER MONTHLY STATEMENTS.
Status: in_force

67-2744. Depositories to render monthly statements. The treasurer shall require, and it is hereby made the duty of every such depository to keep accurate accounts of all such moneys deposited with it, showing the amount deposited and when deposited, and to render, at the beginning of each and every month, to the treasurer and to the state controller when requested, a statement, in duplicate, showing the daily balance of the treasurer's moneys held by it during the month next preceding.

History:

[67-2744, added 1905, p. 305, sec. 2; am. 1907, p. 95, sec. 1; reen. R.C., sec. 128; am. R.C., sec. 131a, as added by 1915, ch. 168, sec. 10, p. 387; reen. C.L. 13:25; C.S., sec. 325; am. 1925, ch. 190, sec. 10, p. 349; I.C.A., sec. 65-2642; am. 1937, ch. 100, sec. 2, p. 146; am. 1980, ch. 84, sec. 5, p. 187; am. 1994, ch. 180, sec. 202, p. 547.]
Idaho Code § 67-2323 — Idaho Code / Title 67 / Chapter 23 / Section 67-2323
67-2323 WRITTEN AGREEMENT BEFORE TRANSFER — PUBLICATION OF NOTICE.
Status: in_force

67-2323. Written agreement before transfer — Publication of notice. Prior to any such conveyance or transfer, a written agreement shall be made between units of government or districts for a conveyance or transfer of real or personal property from one to the other with or without consideration.

For conveyances or transfers of real or personal property with a value of ten thousand dollars ($10,000) or less, the property may be conveyed or transferred without notice and a hearing as otherwise provided herein. For conveyances or transfers of real or personal property with a value in excess of ten thousand dollars ($10,000), notice of the general terms of the agreement shall be given by publication in at least two (2) issues in a newspaper printed or of general circulation in the county or counties in which such respective units are located and having general circulation within such county or counties. Said notice shall give time and place of the next regular or special meeting of each respective unit at which time the governing board of such units propose to ratify such an agreement. The first publication shall be made not less than twelve (12) days prior to each meeting, and the last publication of notice shall be made not less than five (5) days prior to each meeting.

History:

[67-2323, added 1967, ch. 142, sec. 2, p. 325; am. 2009, ch. 278, sec. 1, p. 840; am. 2014, ch. 344, sec. 1, p. 865.]
Idaho Code § 67-4237 — Idaho Code / Title 67 / Chapter 42 / Section 67-4237
67-4237 PARKING VIOLATIONS.
Status: in_force

67-4237. Parking violations. (1) If any vehicle, as defined in chapter 1, title 49, Idaho Code, is stopped, standing, or parked in an illegal or unauthorized manner within a state park and the operator cannot be identified readily, the fact that the vehicle is registered or leased in the name of a person shall be prima facie evidence that such person was in control of the vehicle at the time it was parked, unless that person can prove to the satisfaction of the court the vehicle was driven and stopped, placed or parked by an unauthorized person.

(2) The provisions of this section shall be enforced by commissioned peace officers of the Idaho state police, qualified employees of the department of parks and recreation delegated with enforcement authority by the director of the department of parks and recreation pursuant to section 67-4239, Idaho Code, the sheriff and his deputies of any county in the state and any peace officer of the state of Idaho.

(3) Any violation of the provisions of this section shall be an infraction and punishable as provided in section 18-113A, Idaho Code.

History:

[67-4237, added 1984, ch. 233, sec. 1, p. 563; am. 2000, ch. 469, sec. 136, p. 1597; am. 2006, ch. 221, sec. 1, p. 660.]
Idaho Code § 67-9709 — Idaho Code / Title 67 / Chapter 97 / Section 67-9709
67-9709 ADDING LAND TO AND REMOVING LAND FROM AN AGRICULTURAL PROTECTION AREA.
Status: in_force

67-9709. ADDING LAND TO and REMOVING LAND FROM AN AGRICULTURAL PROTECTION AREA. (1) A landowner may add land to an existing agricultural protection area by filing an application with the board of county commissioners. The application to add land to an existing agricultural protection area shall be processed in accordance with section 67-9706, Idaho Code.

(2) An owner of land within an agricultural protection area may remove any or all of the land from the agricultural protection area by filing a petition for removal with the board of county commissioners.

(a) The board of county commissioners shall acknowledge receipt of the petition for removal in writing; and

(b) Confirm the removal date as ten (10) years from the date of petition for removal, or upon expiration of the designation, whichever is sooner.

(3) The board of county commissioners shall establish a process by which an owner of land within an agricultural protection area may remove any or all of the land from the agricultural protection area for reasons of hardship, as defined in this chapter.

(4) The board of county commissioners may charge an administrative fee not to exceed the cost of covering administrative expenses associated with processing changes to an agricultural protection area, including but not limited to updating the agricultural protection area map, recording documents, and reasonable staff time for processing the request. The clerk of the board of county commissioners shall record the renewal of an agricultural protection area pursuant to section 67-9708, Idaho Code.

History:

[67-9709, added 2024, ch. 215, sec. 1, p. 765; am. 2025, ch. 241, sec. 4, p. 1090; am. 2025, ch. 308, sec. 2, p. 1306.]
Idaho Code § 67-5909B — Idaho Code / Title 67 / Chapter 59 / Section 67-5909B
67-5909B COMPULSORY GENDER LANGUAGE PROHIBITED — PRIVATE CAUSE OF ACTION — RULEMAKING.
Status: in_force

67-5909B. Compulsory gender language prohibited — private cause of action — rulemaking. (1) As used in this section:

(a) "Government employee" means a person employed by the state of Idaho, or by any county, municipality, public university or community college, school district, special district, or any other political subdivision or governmental instrumentality of or within the state.

(b) "Public school" means any publicly funded school teaching kindergarten through grade 12 students that is operated and controlled by any public school district organized under the laws of this state, including specially chartered school districts.

(c) "Sex" means the classification of a person as either female or male based on the organization of the body of such person for a specific reproductive role, as indicated by the person's sex chromosomes, naturally occurring sex hormones, and internal and external genitalia present at birth.

(d) "Student" means an individual who is enrolled on a full-time or part-time basis at a public school or public institution of higher education.

(2) A government employee, regardless of the scope of such employee's official duties, shall not be subject to adverse employment action for declining to:

(a) Identify such employee's pronouns while acting within the scope of employment; or

(b) Address a person using a name other than the person's legal name or a derivative thereof, or by a preferred personal title or pronoun that is inconsistent with the person's sex.

(3) An employee of a public school or public institution of higher education, regardless of the scope of such employee's official duties, shall not:

(a) Knowingly and intentionally address an unemancipated minor student by a name other than the student's legal name or a derivative thereof, or by a preferred personal title or pronoun that is inconsistent with the student's sex, without the written permission of the student's parent or guardian; and

(b) Be subject to adverse employment action for declining to address a student using a name other than the student's legal name, or a derivative thereof, or by a preferred personal title or pronoun that is inconsistent with a student's sex.

(4) A student of a public school or public institution of higher education shall not be subject to adverse disciplinary action by the school or institution for declining to:

(a) Identify such student's pronouns; or

(b) Address a person using a name other than the person's legal name, or a derivative thereof, or by a preferred personal title or pronoun that is inconsistent with the person's sex.

(5) Any person who is harmed by a government employer, public school, or public institution for higher education for violating the provisions of this section shall have a private cause of action for injunctive relief, monetary damages, reasonable attorney's fees and costs, and any other appropriate relief. All civil actions brought pursuant to this section must be initiated within two (2) years from the date that the violation occurs.

(6) The Idaho commission on human rights may adopt rules to administer the provisions of this section.

History:

[67-5909B, added 2024, ch. 314, sec. 2, p. 1044.]
Idaho Code § 67-5412 — Idaho Code / Title 67 / Chapter 54 / Section 67-5412
67-5412 ADMINISTRATOR TO PREPARE A STATE PLAN FOR VOCATIONAL REHABILITATION OF THE BLIND.
Status: in_force

67-5412. Administrator to prepare a state plan for vocational rehabilitation of the blind. The administrator of the commission shall prepare a state plan for vocational rehabilitation of the blind and after approved by the commission shall submit the same to the United States department of education pursuant to the requirements of the Rehabilitation Act of 1973, as amended, P.L. 99-506, 99th Congress, for approval.

History:

[67-5412, added 1967, ch. 373, sec. 12, p. 1071; am. 1987, ch. 74, sec. 4, p. 146.]
Idaho Code § 67-3517 — Idaho Code / Title 67 / Chapter 35 / Section 67-3517
67-3517 REQUESTS FOR SPENDING AUTHORITY BY OFFICIALS, DEPARTMENTS, BUREAUS, AND INSTITUTIONS.
Status: in_force

67-3517. Requests for spending authority by officials, departments, bureaus, and institutions. In order to guard against excessive expenditure of appropriations, and as an act of economy, efficiency, and control relating to said appropriations, it is hereby made the duty of each officer, department, bureau, and institution, except the legislative and judicial departments, to file with the administrator of the division of financial management, who shall forward to the state controller, a request for spending authority of moneys to be made available during the fiscal year, from the legislative appropriation to said officer, department, bureau, or institution. Requests for spending authority shall be submitted to the administrator of the division at a time as prescribed by the administrator of the division and, as a general rule, in the same detail as appropriated, unless greater detail is deemed necessary by the administrator of the division. The legislative and judicial departments shall file a request for spending authority of moneys with the state controller not later than fifteen (15) days prior to the expiration of the current spending authority, in such detail as the submitting agency desires. It shall be the duty of the state controller to provide a monthly report in the same or greater detail as the request for spending authority, which includes any adjustments made during the course of the fiscal year, expenditures for the month and expenditures to date for the year, and the percent of unexpended balance in the adjusted spending authority, and the percent of unexpended balance in the adjusted appropriation, if any.

History:

[67-3517, added 1941, ch. 75, sec. 2, p. 142; am. 1970, ch. 66, sec. 9, p. 154; am. 1971, ch. 274, sec. 2, p. 1087; am. 1973, ch. 302, sec. 4, p. 641; am. 1974, ch. 22, sec. 36, p. 592; am. 1980, ch. 358, sec. 18, p. 933; am. 1981, ch. 227, sec. 11, p. 456; am. 1984, ch. 137, sec. 1, p. 326; am. 1994, ch. 180, sec. 207, p. 551; am. 1995, ch. 153, sec. 14, p. 628; am. 2021, ch. 160, sec. 9, p. 448.]
Idaho Code § 67-406b — Idaho Code / Title 67 / Chapter 4 / Section 67-406b
67-406b COMPENSATION AND EXPENSES.
Status: in_force

67-406b. Compensation and expenses. No member of the legislature of the state of Idaho shall receive any compensation for services rendered or expenses incurred as a legislator, except as set by the committee.

The committee shall, on or before November 30, 1976, establish the rate of compensation and expenses for services to be rendered by members of the legislature during the two (2) year period commencing on December 1, 1976. The compensation and expenses so established shall, on or before such date, be filed with the secretary of state and the state controller. The rates thus established shall be the rates applicable for the two (2) year period specified unless prior to the twenty-fifth legislative day of the regular 1977 legislative session, by concurrent resolution, the senate and house of representatives shall reject said rates of compensation and expenses and declare the same to be inoperative.

Thereafter the committee shall on or before the last day of November of each even numbered year, establish the rate of compensation, and expenses for services to be rendered by members of the legislature during the two (2) year period commencing on the first day of December of such year. The compensation and expenses so established shall, on or before such date, be filed with the secretary of state and the state controller. The rates thus established shall be the rates applicable for the two (2) year period specified unless prior to the twenty-fifth legislative day of the next regular biennial session, by concurrent resolution the senate and house of representatives shall reject said rates of compensation and expenses and declare the same to be inoperative.

History:

[67-406b, added 1967, ch. 303, sec. 2, p. 861; am. 1976, ch. 286, sec. 2, p. 988; am. 1994, ch. 180, sec. 166, p. 529.]
Idaho Code § 67-4504 — Idaho Code / Title 67 / Chapter 45 / Section 67-4504
67-4504 STATE TREE DESIGNATED.
Status: in_force

67-4504. State tree designated. The White Pine (Pinus monticola) is hereby designated and declared to be the state tree of the state of Idaho.

History:

[67-4504, added 1935, ch. 16, sec. 1, p. 35; am. 2015, ch. 244, sec. 57, p. 1037.]
Idaho Code § 67-2905 — Idaho Code / Title 67 / Chapter 29 / Section 67-2905
67-2905 JURISDICTION.
Status: in_force

67-2905. Jurisdiction. The jurisdiction of the director of the Idaho state police and his deputies, both regular and special, and all peace officers or other persons called into the police service of the state by him or his deputies shall be coextensive with the territory of the state of Idaho and not limited by the lines of any political or municipal subdivisions.

History:

[(67-2905) 1939, ch. 60, sec. 4, p. 105; am. 1955, ch. 173, sec. 4, p. 345; am. 1974, ch. 27, sec. 6, p. 811; am. and redesig. 1995, ch. 116, sec. 5, p. 390; am. 1999, ch. 383, sec. 21, p. 1071; am. 2000, ch. 469, sec. 10, p. 1463.]
Idaho Code § 67-2365 — Idaho Code / Title 67 / Chapter 23 / Section 67-2365
67-2365 STATE SOVEREIGNTY AND JURISDICTIONAL PRESUMPTION — LIMITATIONS ON FEDERAL POWER.
Status: in_force

67-2364 [67-2365]. STATE SOVEREIGNTY AND JURISDICTIONAL PRESUMPTION — limitations on federal power. (1) The legislature finds and declares that:

(a) Under the ninth and tenth amendments to the constitution of the United States and section 1, article I of the constitution of the state of Idaho, all powers not delegated to the federal government are reserved to the states respectively or to the people;

(b) The state of Idaho asserts its sovereignty and reserves all powers not expressly granted to the federal government by the constitution of the United States; and

(c) The proper balance of authority between the state of Idaho and the federal government is essential to protecting the liberties of the people of Idaho.

(2) It is the policy of the state of Idaho that jurisdiction over all matters arising within the state shall be presumed to reside with the state unless the federal government demonstrates that the constitution of the United States expressly and specifically delegates such jurisdiction to the federal government. Such presumption may be rebutted only by a clear showing that the federal government's exercise of jurisdiction is authorized pursuant to the text of the constitution of the United States.

(3) Areas in which the state has primary and inherent police power jurisdiction shall include but are not limited to:

(a) Public health and safety;

(b) Education;

(c) Water and natural resources, excluding federal reserve water rights;

(d) Agriculture;

(e) Energy;

(f) Land use and zoning; and

(g) Local economic regulation.

(4) The federal government is a government of limited and enumerated powers. Any assertion of authority based on implied, incidental, or ancillary powers shall be narrowly construed and shall not overcome the presumption of state jurisdiction established in subsection (2) of this section.

(5) In any conflict between the state and federal government regarding jurisdiction, the state of Idaho shall assert its rights in coordination with the office of the attorney general, the governor, and the legislature. The burden shall be on the federal government to establish the constitutional basis for any asserted jurisdiction.

History:

[(67-2365) 67-2364, added 2026, ch. 238, sec. 1, p. 1028.]
Idaho Code § 67-6610C — Idaho Code / Title 67 / Chapter 66 / Section 67-6610C
67-6610C USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
Status: in_force

67-6610C. Use of contributed amounts for certain purposes. (1) Permitted uses. A contribution accepted by a candidate may be used by the candidate:

(a) For expenditures in connection with the campaign for public office of the candidate;

(b) For ordinary and necessary expenses incurred in connection with duties of the individual as a holder of public office;

(c) For contributions to an organization described in section 170(c) of the Internal Revenue Code of 1986;

(d) For transfers, without limitation, to a national, state or local committee of a political party;

(e) For donations to state and local candidates subject to the provisions of state law; or

(f) For any other lawful purpose unless prohibited by subsection (2) of this section.

(2) Prohibited use.

(a) In general. A contribution shall not be converted by any person to personal use.

(b) Conversion. For the purposes of subsection (2)(a) of this section, a contribution shall be considered to be converted to personal use if the contribution is used to fulfill any commitment, obligation or expense of a person that would exist irrespective of the candidate's election campaign or individual's duties as a holder of public office, including:

(i) A home mortgage, rent or utility payment;

(ii) A clothing purchase except for items of de minimis value such as campaign shirts or hats;

(iii) A noncampaign or nonofficeholder related automobile expense;

(iv) A country club membership;

(v) A vacation or other noncampaign-related trip;

(vi) A tuition payment;

(vii) Admission to a sporting event, concert, theater or other form of entertainment not associated with an election campaign;

(viii) Dues, fees and other payments to a health club or recreational facility; and

(ix) Meals, groceries or other food expense, except for tickets to meals that the candidate attends solely for the purpose of enhancing the candidacy of another person or meal expenses which are incurred as part of a campaign activity or as part of a function that is related to the candidate's or officeholder's responsibilities.

History:

[67-6610C, added 2006, ch. 36, sec. 2, p. 100.]
Idaho Code § 67-4605 — Idaho Code / Title 67 / Chapter 46 / Section 67-4605
67-4605 FUNDING OF OPERATIONS.
Status: in_force

67-4605. Funding of operations. (1) For the purpose of providing funds for a historic preservation commission the governing body of any city which has established such a commission may:

(a) Provide funds to the commission from current revenues;

(b) Receive and expend moneys from any other sources; or

(c) Use any combination of paragraphs (a) and (b) of this subsection.

(2) For the purpose of providing funds for a historic preservation commission the governing body of any county which has established such a commission may provide funds to the commission from current revenues in accordance with the provisions regarding county historical societies, as found in section 31-864, Idaho Code.

(3) Any funds received by a historic preservation commission may be accumulated from year to year and need not be expended during any one (1) fiscal year, provided that the maximum accumulation of funds received from ad valorem taxes shall not exceed twice the amount of money authorized by the levy authorized by subsection (1) or (2) of this section.

History:

[67-4605, added I.C., sec. 67-4605, as added by 1975, ch. 142, sec. 2, p. 324.]
Idaho Code § 67-3902 — Idaho Code / Title 67 / Chapter 39 / Section 67-3902
67-3902 EXERCISE OF POWERS.
Status: in_force

67-3902. Exercise of powers. All powers herein granted to taxing districts may be exercised by such districts, or, in the event that such districts have no officers of their own, such powers may be exercised by the officers who have the power to contract on behalf of such districts, or to levy special assessments or special taxes within such districts.

History:

[67-3902, added 1939, ch. 110, sec. 2, p. 184.]
Idaho Code § 67-7125 — Idaho Code / Title 67 / Chapter 71 / Section 67-7125
67-7125 OFF-HIGHWAY VEHICLES — NOISE ABATEMENT.
Status: in_force

67-7125. off-highway vehicles — Noise abatement. (1) Except as hereinafter provided, every vehicle subject to numbering under sections 67-7122 and 67-7124, Idaho Code, shall comply with the provisions of this section. Every vehicle subject to the provisions of this section shall at all times be equipped with an exhaust system in good working order and in constant operation. If the vehicle was originally equipped with a noise suppressing system or if the vehicle is required by law or regulation of this state or the federal government to have a noise suppressing system, that system shall be maintained in good working order. No person shall disconnect, modify or alter any part of that system in any manner that will amplify or increase the vehicle's noise emission above the noise limits established in subsection (3) of this section, except temporarily in order to make repairs, replacements or adjustments. No person shall operate and no owner shall cause or permit to be operated any vehicle while the vehicle's noise emission exceeds the noise limits established in subsection (3) of this section or while the vehicle's noise suppressing system is disconnected, modified or altered in violation of the provisions of this section.

(2) No person shall operate a vehicle subject to the provisions of this section unless that vehicle is equipped with a spark arrester device affixed to the exhaust system of a type qualified and rated by the United States forest service. The provisions of this subsection shall not apply to vehicles being operated off the highway in an organized racing or competitive event conducted on private land with the consent of the landowner.

(3) Any vehicle subject to the provisions of this section shall at all times be equipped with a noise suppressing system or other device that limits noise emission to a base level of not more than ninety-six (96) decibels when measured on the "A" scale using standards and procedures established by the society of automotive engineers (SAE), specifically SAE standard J1287, June 1988, describing a test of a stationary vehicle with sound measured twenty (20) inches and forty-five (45) degrees from the exhaust outlet, or as otherwise described. The provisions of this subsection shall not apply to vehicles being operated off the highway in an organized racing or competitive event conducted on private land with the consent of the landowner or on public land under permit.

(a) The department shall adopt regulations in accordance with chapter 52, title 67, Idaho Code, establishing the test procedures and instrumentation to be utilized. These procedures shall incorporate requirements for the test site environment and sound measuring equipment as set forth in SAE standard J1287, June 1988.

(b) Instrumentation shall include but not be limited to a sound level meter meeting the type 1, type S1A, type 2, or type S2A requirements of the American national standards institute (ANSI) specification for sound level meters, S1.4-1983; a sound level calibrator, microphone wind screen, external engine speed tachometer.

(4) A showing that the noise emission level of any vehicle subject to and not otherwise exempt from the provisions of this section exceeds ninety-six (96) decibels, as described and tested in subsection (3) of this section, shall be prima facie evidence of a violation of subsection (1) of this section.

History:

[67-7125, added 1993, ch. 136, sec. 2, p. 336; am. 2005, ch. 164, sec. 1, p. 500; am. 2014, ch. 338, sec. 13, p. 846; am. 2021, ch. 149, sec. 18, p. 411.]
Idaho Code § 67-2012 — Idaho Code / Title 67 / Chapter 20 / Section 67-2012
67-2012 PAYROLL — VOUCHERS.
Status: in_force

67-2012. Payroll — Vouchers. For all institutions or departments where the officers and employees are paid a fixed salary, a voucher may be submitted in the form of a regular periodic payroll covering the compensation of such officers and employees. Subject to the rules of the state board of examiners, a warrant will be issued by the state controller to each person carried on such rolls for the amount shown thereon. The vouchers must contain a certificate from the head of the department or institution to the effect that the services were necessary in the public service, that they were actually rendered as charged, that the rate of pay of each individual carried thereon has been lawfully fixed by proper authority and that the account is correct and just.

History:

[(67-2012) R.C., sec. 145f, as added by 1913, ch. 15, sec. 3, p. 57; reen. C.L. 11:8;C.S., sec. 237; I.C.A., sec. 65-2011; am. 1939, ch. 266, sec. 1, p. 654; am. 1943, ch. 99, sec. 1, p. 193; am. 1977, ch. 178, sec. 10, p. 463; am. 1994, ch. 180, sec. 187, p. 542.]
Idaho Code § 67-6539 — Idaho Code / Title 67 / Chapter 65 / Section 67-6539
67-6539 LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS.
Status: in_force

67-6539. LIMITATIONS ON REGULATION OF SHORT-TERM RENTALS. (1) Neither a county nor a city shall enact or enforce any ordinance that has the express or practical effect of prohibiting any type of short-term rentals in the county or city. A county or city may enact or enforce such reasonable regulations as are necessary to safeguard the public health and safety as long as the reasonable regulations do not impose different restrictions or obligations on short-term rentals than are imposed on single-family dwellings or similar structures not used as short-term rentals, or unless the regulations are permitted by this section. A short-term rental shall be classified as a non-transient residential use for zoning and building code purposes and be subject to all zoning requirements applicable thereto and only to building codes adopted by the Idaho building code board.

(2)(a) For purposes of this section, "different restrictions or obligations" means any requirement or regulation that would not be imposed but for a property's use as a short-term rental and specifically includes but is not limited to the following:

(i) Requiring owner occupation for any amount of time;

(ii) Requiring professional property management;

(iii) Requiring additional insurance;

(iv) Requiring reporting of use or other statistics;

(v) Requiring additional fire protection or fire sprinklers;

(vi) Requiring additional or improved means of ingress and egress;

(vii) Requiring additional parking;

(viii) Requiring modification to the physical structure of the property;

(ix) Requiring inspections;

(x) Requiring internal or external signage, notices, or diagrams;

(xi) Imposing a limit on the days a property can be rented;

(xii) Requiring notices to neighboring properties;

(xiii) Requiring increased sewer or other utility capacity;

(xiv) Requiring a conditional use permit in a residential zone;

(xv) Limiting proximity to other short-term rentals;

(xvi) Restricting the number of short-term rentals in a county or city; or

(xvii) Requiring the property to be improved to meet current building codes unless the same would be required without regard to the short-term rental use.

(b) The terms defined in section 63-1803, Idaho Code, shall apply to this section.

(3) A county or city may, by ordinance, require an owner of a short-term rental to implement the following requirements only:

(a) That all sleeping areas in a short-term rental, including when applicable, basements, living rooms, and family rooms, be equipped with functioning smoke alarms;

(b) That the short-term rental be equipped with a functioning fire extinguisher and a functioning carbon monoxide detector on each floor;

(c) That removable escape ladders be available in all sleeping areas with a window that are located above the ground floor;

(d) That maximum occupancy limits for short-term rentals do not exceed those non-transient residential limits as contained in the international building codes as adopted by the Idaho building code board; and

(e) That an easily accessible informational handout be available to tenants describing the location of exits, the location of fire extinguishers, the location of any supplied first aid kits, and a phone number to contact the owner or manager of the short-term rental in the case of an emergency.

(4) No county or city shall enact or enforce any covenant, condition, restriction, or contract that regulates a short-term rental except as allowed in this section.

(5) No county or city shall require a license, fee, permit, certification, or registration to operate a short-term rental.

(6) All short-term rental properties along with their owners and tenants shall be subject to all other county and city ordinances and penalties that apply to other non-short-term rental residential uses, including but not limited to noise, parking, nuisance, curfew, and traffic regulations.

(7) Neither a county nor a city shall regulate the operation of a short-term rental marketplace in accordance with the provisions of chapter 18, title 63, Idaho Code.

History:

[67-6539, added 2017, ch. 239, sec. 2, p. 592; am. 2018, ch. 79, sec. 1, p. 179; am. 2026, ch. 22, sec. 1, p. 109.]
Idaho Code § 67-2738 — Idaho Code / Title 67 / Chapter 27 / Section 67-2738
67-2738 PERMANENT ENDOWMENT FUNDS TEMPORARILY IN HANDS OF TREASURER.
Status: in_force

67-2738. Permanent endowment funds temporarily in hands of treasurer. All moneys temporarily in the hands of the state treasurer belonging to the permanent charitable, educational, public school or university lands endowment funds, or other funds under the control of the investment board, shall be deposited by him, subject to the provisions of this chapter, pending the investment thereof by the said board, who shall have control of the disposition and investment thereof, as is now or may hereafter be provided by law, and the treasurer shall withdraw the said funds from deposit at all times immediately upon the call of the said board.

History:

[(67-2738) Based upon 1905, p. 305, sec. 10; R.C., sec. 136; am. 1909, p. 362; R.C., sec. 130a, as added by 1915, ch. 168, sec. 8, p. 385; compiled and reen. C.L. 13:19; C.S., sec. 319; am. 1921, ch. 243, sec. 1, p. 534; I.C.A., sec. 65-2636; am. 1974, ch. 24, sec. 15, p. 744.]
Idaho Code § 67-1075 — Idaho Code / Title 67 / Chapter 10 / Section 67-1075
67-1075 UNIFORM ACCOUNTING PRACTICES AND PROCEDURES — LOCAL GOVERNMENTAL ENTITIES.
Status: in_force

67-1075. uniform accounting practices and procedures — local governmental entities. (1) It is the duty of the state controller to ensure a uniform system of accounting for local governmental entities as defined in section 67-1076, Idaho Code, and to create and maintain a uniform accounting manual for local governmental entities that reflects best practices, with the assistance and approval of the committee on uniform accounting and transparency for local governmental entities pursuant to section 67-448, Idaho Code. The manual must define and classify the various funds, accounts, grants, and other financial structures by account title as necessary for the uniform reporting of accounting, budgeting, and financial reporting information, including estimated and actual revenues and expenditures. All local governmental entities as defined in section 67-1076, Idaho Code, shall comply with the reporting standards and requirements established under this section and section 67-1076, Idaho Code. The state controller is responsible for converting financial data from local governmental entities to the state controller's online platform.

(2) The state controller must create a public website for the reporting of local governmental entities' accounting, budgeting, and financial data in order to provide leaders, decision-makers, and citizens easy access to search, view, and compare data across the state. The state controller has the flexibility to create a staggered-phase project implementation schedule but must have the online program fully functional by January 1, 2025. The state controller must coordinate with local governmental entities as to the staggered implementation schedule. The state controller must provide a progress report on the implementation of the programs outlined in this section to the legislature on behalf of the committee on uniform accounting and transparency for local governmental entities annually until the project has been fully implemented.

(3) Until such time as otherwise directed by the state controller's office, a local governmental entity shall continue to report financial data required under section 67-1076, Idaho Code, to the legislative services office.

(4) The public website created and maintained by the state controller pursuant to this section must additionally provide access to education provider financial information. Such data may be integrated with or maintained separately from the local governmental entity data, in the discretion of the state controller.

History:

[67-1075, added 2021, ch. 89, sec. 3, p. 298.]
Idaho Code § 67-2615 — Idaho Code / Title 67 / Chapter 26 / Section 67-2615
67-2615 DIVISION INVESTIGATIONS AND COOPERATION.
Status: in_force

67-2615. DIVISION INVESTIGATIONS AND COOPERATION. (1) Complaints, investigations, and informal proceeding records are the property of the division of occupational and professional licenses and are exempt from disclosure under the public records act pursuant to section 74-106(9), Idaho Code.

(2) In addition to the authority granted to a division board or commission by its respective practice act or other applicable state law, a division board or commission may participate with any other division board or commission in joint investigations of licenses, permits, registrations, and certificates. The division and its boards and commissions may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated by a division board or commission. The internal sharing of investigative records between division boards and commissions and their respective division staff or officials does not alter any of the disclosure exemptions set forth in chapter 1, title 74, Idaho Code.

(3) A subpoena issued by a division board or commission shall be enforceable by any other division board or commission.

History:

[67-2615, added 2022, ch. 275, sec. 1, p. 884.]
Idaho Code § 67-3702 — Idaho Code / Title 67 / Chapter 37 / Section 67-3702
67-3702 DECLARATION OF NECESSITY.
Status: in_force

67-3702. DECLARATION OF NECESSITY. It is the intent of the legislature to ensure that the state laws provided in Idaho Code are streamlined, up-to-date, and essential for the citizens of Idaho, while best serving the public health, safety, and welfare. To this end, the legislature recognizes the need for a comprehensive effort to review the Idaho Code for the purpose of eliminating bureaucracy. Accordingly, in the interest of addressing the accumulation of unnecessary provisions, the purpose of this chapter is to establish an efficient process for the identification of provisions that are obsolete, outdated, or unnecessary so that such provisions may be considered for removal.

History:

[67-3702, added 2025, ch. 2, sec. 1, p. 3.]
Idaho Code § 67-5707A — Idaho Code / Title 67 / Chapter 57 / Section 67-5707A
67-5707A PROCEDURES FOR STATE-OWNED DWELLINGS.
Status: in_force

67-5707A. Procedures for state-owned dwellings. The department of administration shall adopt, by rule, the procedures to be followed by each state agency in managing the acquisition, rental, tax status, and recordkeeping of state-owned dwellings.

History:

[67-5707A, added 1997, ch. 137, sec. 1, p. 408.]
Idaho Code § 67-914 — Idaho Code / Title 67 / Chapter 9 / Section 67-914
67-914 RECORDS INFREQUENTLY USED HAVING OFFICIAL VALUE — REMOVAL.
Status: in_force

67-914. Records infrequently used having official value — Removal. The secretary of state may remove from the office of the secretary of state to any suitable place of storage any records filed with the secretary of state having an official value but used infrequently.

History:

[67-914, added 1977, ch. 209, sec. 1, p. 575; am. 2021, ch. 322, sec. 1, p. 986.]
Idaho Code § 67-8918 — Idaho Code / Title 67 / Chapter 89 / Section 67-8918
67-8918 STATE'S PLEDGE.
Status: in_force

67-8918. State's pledge. (1) The state pledges to and agrees with the holders of any bonds issued under this chapter, and with those parties who may enter into contracts with the authority pursuant to the provisions of this chapter, that the state will not limit, alter, restrict or impair the rights hereby vested in the authority to acquire, construct, reconstruct, maintain and operate any facility as defined in this chapter or to establish, revise, charge and collect rates, rents, fees and other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds authorized and issued under this chapter, and with the parties who may enter into contracts with the authority pursuant to this chapter, or in any way impair the rights or remedies of the holders of such bonds or of such parties until the bonds, together with the interest thereon, are fully paid and discharged and such contracts are fully performed on the part of the authority.

(2) Nothing in this chapter precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds or those entering into such contracts with the authority.

(3) The authority is authorized to include this pledge and undertaking for the state in such bonds and in such contracts.

History:

[67-8918, added 2005, ch. 53, sec. 1, p. 204.]
Idaho Code § 67-6703 — Idaho Code / Title 67 / Chapter 67 / Section 67-6703
67-6703 IDAHO STATE COUNCIL ON DEVELOPMENTAL DISABILITIES.
Status: in_force

67-6703. Idaho state council on developmental disabilities. (1) The Idaho state council on developmental disabilities is established to engage in advocacy, capacity building, and systemic change activities that:

(a) Contribute to a coordinated, consumer and family-centered, consumer and family-directed, comprehensive system that includes needed community services, individualized supports, and other forms of assistance that promote self-determination for individuals with developmental disabilities and their families; and

(b) Are consistent with the requirements of the developmental disabilities assistance and bill of rights act of 2000 (P.L. 106-402) and subsequent acts.

(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 advocacy, capacity building, and systemic change activities, budget, personnel, plan development or plan implementation of the council, except that the designated state agency shall have the authority necessary to carry out the responsibilities described in P.L. 106-402, section 125(d)(3).

History:

[67-6703, added 1978, ch. 269, sec. 1, p. 620; am. 2002, ch. 113, sec. 3, p. 320.]
Idaho Code § 67-2746 — Idaho Code / Title 67 / Chapter 27 / Section 67-2746
67-2746 RESPONSIBILITY FOR LOSS THROUGH INSOLVENCY OF BANK.
Status: in_force

67-2746. Responsibility for loss through insolvency of bank. The state treasurer shall not be liable personally or upon his official bond for any moneys that may be lost by reason of the failure or insolvency of any bank which becomes a depository under the state depository law, except insofar as his violation of any trust devolving upon him as such treasurer or any of the provisions of this chapter shall contribute to such loss.

History:

[(67-2746) Based upon 1905, p. 305, sec. 5; R.C., sec. 131; R.C., sec. 131c, as added by 1915, ch. 168, sec. 10, p. 387; reen. C.L. 13:27; C.S., sec. 327; I.C.A., sec. 65-2644.]
Idaho Code § 67-1221 — Idaho Code / Title 67 / Chapter 12 / Section 67-1221
67-1221 FISCAL AGENCY IN NEW YORK CITY.
Status: in_force

67-1221. Fiscal agency in New York City. The state treasurer may appoint a reputable bank in the city of New York as fiscal agent of the state of Idaho. Such fiscal agent may, under the instructions of the state treasurer, receive and pay out moneys for the state of Idaho. The state treasurer shall, in selecting such fiscal agent, obtain the best terms possible for handling any business of the state which requires payment in the city of New York. Any commissions or charges or expenses for services shall be a proper charge, in the following order, against:

(1) The proceeds of any bond or note sale for which such fiscal agent is appointed, or

(2) The office appropriation of the state treasurer.

Upon formal application to the state treasurer by the holder of any bond or obligation of the state of Idaho, both principal and interest may be paid in the city of New York by such fiscal agent. In all other respects, the provisions of the state depository law must obtain.

History:

[(67-1221) 1921, ch. 60, sec. 1, p. 112; I.C.A., sec. 65-1121; am. 1976, ch. 42, sec. 25, p. 106; am. 1977, ch. 224, sec. 1, p. 669; am. 1983, ch. 69, sec. 1, p. 154.]
Idaho Code § 67-3909 — Idaho Code / Title 67 / Chapter 39 / Section 67-3909
67-3909 EFFECT AND APPLICATION.
Status: in_force

67-3909. Effect and application. This act shall in no wise affect any other act or acts now existing or which may hereafter be adopted covering the same subject-matter, or apply to any proceedings thereunder, but is intended to and does provide, among other matters, an alternative system for the refunding of bonds, the same to be used pursuant to the provisions of, and in conjunction with the Federal Bankruptcy Statute.

History:

[67-3909, added 1939, ch. 110, sec. 9, p. 184.]
Idaho Code § 67-6901 — Idaho Code / Title 67 / Chapter 69 / Section 67-6901
67-6901 STATEMENT OF PUBLIC POLICY.
Status: in_force

67-6901. Statement of public policy. It is the policy of this state to encourage and enable people with disabilities to participate fully in the social and economic life of the state and to engage in remunerative employment.

History:

[67-6901, added 1982, ch. 350, sec. 1, p. 866; am. 2010, ch. 235, sec. 64, p. 601.]
Idaho Code § 67-7420 — Idaho Code / Title 67 / Chapter 74 / Section 67-7420
67-7420 CONTRACTS FOR MAJOR PROCUREMENTS.
Status: in_force

67-7420. Contracts for major procurements. Subject to the approval of the commission, the director may solicit bids and enter into major procurement contracts. Any such contract may be awarded to a technically competent bidder, taking into account the lowest bid, secondary cost benefits and the resulting projected net income which would accrue to the benefit of the state over the term of the contract.

In all awards of contracts, the commission shall take particular account of the sensitive and responsible nature of the state lottery and the paramount consideration of security and integrity.

History:

[67-7420, added 1988, ch. 232, sec. 2, p. 454; am. 1989, ch. 352, sec. 9, p. 887.]
Idaho Code § 67-4301 — Idaho Code / Title 67 / Chapter 43 / Section 67-4301
67-4301 BIG PAYETTE LAKE — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE.
Status: in_force

67-4301. Big Payette Lake — Appropriation of waters in trust for people. The governor is hereby authorized and directed to appropriate in trust for the people of the state of Idaho all the unappropriated water of Big Payette Lake, or so much thereof as may be necessary to preserve said lake in its present condition. The preservation of said water in said lake for scenic beauty, health and recreation purposes necessary and desirable for all the inhabitants of the state is hereby declared to be a beneficial use of such water.

No fee shall be required in connection with said appropriation by the governor or the permit issued in connection therewith, and no proof of completion of any works of diversion shall be required, but license shall issue at any time upon proof of beneficial use to which said waters are now devoted.

Each succeeding governor in office shall be deemed to be a holder of such permit, in trust for the people of the state.

History:

[(67-4301) 1925, ch. 83, sec. 1, p. 117; I.C.A., sec. 65-4001.]
Idaho Code § 67-9503 — Idaho Code / Title 67 / Chapter 95 / Section 67-9503
67-9503 LIMITATIONS.
Status: in_force

67-9503. LIMITATIONS. (1) No state agency, officer, or employee shall, as part of any action related to issuance of a federal clean water act section 404 permit, require mitigation for impacts to wetlands that is more stringent than federal compensatory mitigation requirements for impacts to wetlands under section 404 and the 2008 mitigation rule.

(2) The appropriate state agencies may assist the permittee as needed to meet the requirements of the 2008 mitigation rule, including identification of any compensatory mitigation project, when such mitigation is required by the United States army corps of engineers under the mitigation rule. No state agency shall mandate the type of compensatory mitigation project to be proposed to the United States army corps of engineers by a permittee, nor shall any state approval be unreasonably withheld from a permittee because of the type of compensatory mitigation project proposed.

(3) Individual federal clean water act section 404 permit applications and the associated draft section 401 certifications shall be timely posted on the department of environmental quality website.

(4) The provisions of this chapter shall not apply to or modify the provisions of chapter 38, title 42, Idaho Code, regarding the alteration of channels of streams.

History:

[(67-9503) 67-9303, added 2019, ch. 206, sec. 1, p. 634; am. and redesig. 2020, ch. 82, sec. 39, p. 214.]
Idaho Code § 67-6420 — Idaho Code / Title 67 / Chapter 64 / Section 67-6420
67-6420 REMEDIES OF BOND AND NOTE HOLDERS.
Status: in_force

67-6420. Remedies of bond and note holders. (a) In the event that the authority shall default in the payment of principal of or interest on any issue of notes and bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days, or in the event that the authority shall fail or refuse to comply with the provisions of this act, or shall default in any agreement made with the holders of any issue of notes or bonds, the holders of twenty-five per cent (25%) in aggregate principal amount of the notes or bonds of such issue then outstanding, may appoint a trustee to represent the holders of such notes or bonds for the purposes herein provided.

(b) Such trustee may, and upon written request of the holders of twenty-five per cent (25%) in principal amount of such notes or bonds then outstanding shall, in his or its own name:

(1) by suit, action or proceeding enforce all rights of the noteholders or bondholders, including the right to require the authority to carry out any agreements with such holders and to perform its duties under this act;

(2) bring suit upon such notes or bonds;

(3) by action or suit, require the authority to account as if it were the trustee of an express trust for the holders of such notes or bonds;

(4) by action or suit, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such notes or bonds;

(5) declare all such notes or bonds due and payable, and if all defaults shall be made good, then, with the consent of the holders of twenty-five per cent (25%) of the principal amount of such notes or bonds then outstanding, annul such declaration and its consequences.

(c) Before declaring the principal of notes or bonds due and payable, the trustee shall first give thirty (30) days' notice in writing to the authority.

History:

[67-6420, added 1974, ch. 111, sec. 20, p. 1263.]
Idaho Code § 67-2762 — Idaho Code / Title 67 / Chapter 27 / Section 67-2762
67-2762 ADMINISTRATIVE PUBLIC HEARINGS — EXCEPTION.
Status: in_force

67-2762. Administrative public hearings — Exception. Every hearing in an administrative proceeding shall be public unless the director in his discretion grants a request that the hearing be conducted privately.

History:

[67-2762, added 2005, ch. 265, sec. 14, p. 816.]
Idaho Code § 67-4117 — Idaho Code / Title 67 / Chapter 41 / Section 67-4117
67-4117 APPROVAL OF MARKERS, MONUMENTS AND SIGNS.
Status: in_force

67-4117. Approval of markers, monuments and signs. No marker, monument, nor sign referring to or memorializing any historic event shall be placed on or adjacent to any highway of the state of Idaho on land owned by the state of Idaho, or over which the state of Idaho has an easement, without the consent and approval of the department of the state having charge of the administration of said land, and the approval by the Idaho State Historical Society of the form and character of the marker, monument, or sign, and of the language used thereon.

History:

[67-4117, added 1957, ch. 142, sec. 4, p. 233.]
Idaho Code § 67-2806A — Idaho Code / Title 67 / Chapter 28 / Section 67-2806A
67-2806A REQUEST FOR PROPOSAL.
Status: in_force

67-2806A. request for proposal. (1) A political subdivision may utilize a request for proposal process as set forth in this section as an alternative to the competitive bidding process required by section 67-2806, Idaho Code, when the political subdivision contemplates a procurement for goods or services for which:

(a) Fixed specifications might preclude the discovery of a cost-effective solution;

(b) A specific problem is amenable to several solutions; or

(c) Price is not the sole determining factor for selection.

(2) Factors that may be considered in the evaluation of vendors in a request for proposal process include, but are not limited to:

(a) An innovative solution that is offered;

(b) Unique product features;

(c) Price;

(d) Vendor experience in the market;

(e) Financial stability of a vendor;

(f) Differences among vendors in their ability to perform contract requirements in a timely or efficient manner;

(g) Ability to meet product specifications;

(h) Product quality;

(i) Product performance records;

(j) Past performance by a vendor;

(k) Future product maintenance or service requirements; and

(l) Product warranties.

(3) At a minimum, a request for proposal shall state the instructions of the process, the scope of work for the goods or services contemplated, the selection criteria, contract terms and the scoring methodology applying relative weights to factors considered.

(4) Notification, solicitation and consideration of contests concerning the award of procurement pursuant to a request for proposal shall be in accordance with the minimum requirements established in section 67-2806, Idaho Code, subject to the selection criteria established at the outset of each such procurement. Records compiled in the scoring process shall be made available for public inspection when a procurement recommendation is made to the governing board.

History:

[67-2806A, added 2017, ch. 197, sec. 7, p. 493.]
Idaho Code § 67-1052 — Idaho Code / Title 67 / Chapter 10 / Section 67-1052
67-1052 REFUSAL TO MAKE RETURNS AND EXHIBITS — PENALTY.
Status: in_force

67-1052. Refusal to make returns and exhibits — Penalty. Each and every person required herein to make returns and exhibits to the state controller, who shall refuse or neglect to make such returns or exhibits, or who shall refuse to give such information required by the state controller, shall be guilty of a felony, and shall be punished by a fine not exceeding five thousand dollars ($5,000), or imprisonment in the penitentiary not more than five (5) years or both.

History:

[(67-1052) 1905, p. 388, sec. 11; R.C., sec. 180; reen. C.L. 12:11; C.S., sec. 295; am. 1923, ch. 164, sec. 10, p. 246; I.C.A., sec. 65-2612; I.C., sec. 67-2714; I.C., sec. 67-1031 as changed and amended by 1974, ch. 24, sec. 8, p. 748; am. and redesig. 1994, ch. 181, sec. 26, p. 587.]
Idaho Code § 67-5711 — Idaho Code / Title 67 / Chapter 57 / Section 67-5711
67-5711 CONSTRUCTION, ALTERATION, EQUIPPING, FURNISHING AND REPAIR OF PUBLIC BUILDINGS AND WORKS.
Status: in_force

67-5711. Construction, alteration, equipping, furnishing and repair of public buildings and works. The director of the department of administration, or his designee, of the state of Idaho is authorized and empowered, subject to the approval of the permanent building fund advisory council, to provide or secure all plans and specifications for, to let all contracts for, and to have charge of and supervision of the construction, alteration, equipping and furnishing, repair, maintenance, other than preventive maintenance, of any and all buildings, and improvements of public works of the state of Idaho, the cost of which construction, alteration, equipping and furnishing, repair, maintenance, other than preventive maintenance, exceeds the sum of two hundred thousand dollars ($200,000) for labor, materials and equipment, which sum shall exclude design costs, bid advertising and related bidding expenses, provided that the director or his designee and the permanent building fund advisory council shall, in the letting of contracts under this section, comply with the procedure for the calling of bids provided in section 67-5711C, Idaho Code; provided, however, that this section shall not apply to the construction, alteration, equipping or furnishing or repair or maintenance, other than preventive maintenance, of public buildings under the jurisdiction and control of the board of regents of the university of Idaho; provided further, that the bidding procedures required by this section and section 67-5711C, Idaho Code, shall not apply to performance contracts as provided in section 67-5711D, Idaho Code; provided further, that public works for the Idaho transportation department, the department of fish and game, the department of parks and recreation, the department of lands, and the department of water resources and the water resource board, except for administrative office buildings and all associated improvements, are exempt from the provisions of this section that relate to the administration and review of such projects by the director of the department of administration or his designee and by the permanent building fund advisory council. This exemption shall not relieve the Idaho transportation department, the department of fish and game, the department of parks and recreation, the department of lands, and the department of water resources and the water resource board in the letting of contracts for public works from complying with the procedures of section 67-5711C, Idaho Code, related to the advertising and bidding for contracts. The permanent building fund advisory council may adopt rules consistent with existing law, including rules for a program of inspection and maintenance, to carry out the provisions of this chapter.

History:

[67-5711, added 1974, ch. 34, sec. 2, p. 988; am. 1976, ch. 26, sec. 1, p. 61; am. 1988, ch. 369, sec. 1, p. 1089; am. 1991, ch. 133, sec. 2, p. 293; am. 1991, ch. 134, sec. 1, p. 294; am. 1991, ch. 164, sec. 1, p. 393; am. 1996, ch. 148, sec. 2, p. 486; am. 2001, ch. 213, sec. 1, p. 839; am. 2005, ch. 213, sec. 39, p. 681; am. 2006, ch. 205, sec. 2, p. 625; am. 2025, ch. 4, sec. 1, p. 7.]
Idaho Code § 67-4917C — Idaho Code / Title 67 / Chapter 49 / Section 67-4917C
67-4917C COLLECTION AND ADMINISTRATION OF HOTEL/MOTEL ROOM SALES TAX BY STATE TAX COMMISSION — DISTRIBUTION.
Status: in_force

67-4917C. Collection and administration of hotel/motel room sales tax by state tax commission — Distribution. (1) A district which has levied a sales tax pursuant to section 67-4917B, Idaho Code, may contract with the state tax commission for the collection and administration of the tax in like manner, and under the definitions and rules of said commission for the collection and administration of the state sales tax under chapter 36, title 63, Idaho Code, on receipts from the furnishing of hotel and motel rooms. A district which levies such tax shall have the right to review and audit the records of collection thereof maintained by the commission and the returns of hotel and motel owners and operators. Alternatively, such district shall have authority to administer and collect such tax.

(2) All revenues collected by the tax commission pursuant to section 67-4917B, Idaho Code, shall be distributed as follows:

(a) An amount of money shall be distributed to the state refund account sufficient to pay current refund claims. All refunds authorized by the tax commission to be paid shall be paid through the state refund account and those moneys are continuously appropriated.

(b) An amount of money equal to the actual cost of the collection and administration of the tax imposed by the provisions of this section shall be retained by the tax commission. The amount retained by the commission shall not exceed the amount authorized to be expended by appropriation by the legislature. Any unencumbered balance in excess of the actual cost at the end of each fiscal year shall be distributed as provided by paragraph (c) of this subsection.

(c) All remaining moneys received pursuant to this chapter shall be placed in an account designated by the state controller and remitted monthly to the district levying the tax.

History:

[67-4917C, added 1978, ch. 277, sec. 3, p. 674; am. 1979, ch. 101, sec. 1, p. 246; am. 1986, ch. 73, sec. 20, p. 219; am. 1994, ch. 180, sec. 217, p. 555.]
Idaho Code § 67-3609 — Idaho Code / Title 67 / Chapter 36 / Section 67-3609
67-3609 MONEYS FROM OUTSIDE SOURCES USED IN ADDITION TO DIRECT APPROPRIATION.
Status: in_force

67-3609. Moneys from outside sources used in addition to direct appropriation. Moneys from outside sources except those mentioned in section 67-3608 above, as "received from the United States pursuant to appropriations made by it for the maintenance, use and support of any of the educational institutions referred to herein, or for cooperative work with the United States, or for payments in reimbursement of money expended in such cooperative work," are hereby declared to be available for the use for which such money is received for such institution or work, and if received under such terms as to require appropriation, are hereby appropriated to such use, to be used in addition to the direct appropriations made to such institution and the appropriations of other income herein made.

History:

[67-3609, added 1945, ch. 48, sec. 9, p. 61.]
Idaho Code § 67-5773 — Idaho Code / Title 67 / Chapter 57 / Section 67-5773
67-5773 POWERS AND DUTIES — RISK MANAGEMENT.
Status: in_force

67-5773. Powers and duties — Risk management. (1) The director of the department of administration shall:

(a) Determine the nature and extent of needs for surety bonds and insurance coverages of all kinds, other than life and disability insurances, as to risks and property of all offices, departments, divisions, boards, commissions, institutions, agencies, officers, agents, employees, and operations of the government of the state of Idaho, the premiums on which are payable in whole or in part from funds of the state.

(b) Determine the character, terms, and amounts of coverage required by such needs.

(c) Within funds available therefor from each respective office, department, division, board, commission, institution, agency or operation with respect to coverage to be provided to it, negotiate for, procure, purchase, and have placed or continued in effect all such coverages and services as may reasonably be obtainable, whether from insurers or brokers duly authorized to transact business in this state.

(d) Administer all such coverages on behalf of the insured, including making and settlement of loss claims arising thereunder. The director, with the advice of the attorney general, may cause suit to be brought with respect to any such coverage or loss.

(e) Within available funds and personnel, make periodic inspection or appraisal of premises, property and risks as to conditions affecting insurability, risk, and premium rate and submit a written report of each such inspection or appraisal together with recommendations, if any, to the officer, department, or agency in direct charge of such premises, property or risks.

(f) Perform such other duties and exercise such other powers as are provided by law.

(g) Establish a risk management advisory committee. The director shall consult with the advisory committee in the performance of those duties enumerated in this subsection.

(2) As to all such needs and coverages, the director shall give due consideration to information furnished by and recommendations of any office, department, division, board, commission, institution or agency.

History:

[(67-5773) I.C., sec. 67-5754, as added by 1974, ch. 252, sec. 3, p. 1647; I.C., sec. 67-5755, as corrected by 1975, ch. 195, sec. 2, p. 540; am. and redesig. 1980, ch. 106, sec. 22, p. 240; am. and redesig. 1993, ch. 221, sec. 15, p. 755.; am. 2021, ch. 42, sec. 7, p. 126.]
Idaho Code § 67-3519 — Idaho Code / Title 67 / Chapter 35 / Section 67-3519
67-3519 EMPLOYEE POSITIONS — PROCEDURE FOR FILLING.
Status: in_force

67-3519. Employee positions — Procedure for filling. (1) In addition to any powers, duties, functions, and responsibilities of the division of financial management expressed elsewhere in this code, the division shall establish a list of employee positions for which moneys are available from the spending authority of appropriated moneys to each appointing authority. A position is defined as a specific job normally held by one (1) employee. This list shall contain the title of each position and the pay grade of the position. No appointing authority, except those in the legislative and judicial departments, shall fill a new position without first obtaining the approval of the division of financial management and then obtaining proper classification from the division of human resources for positions in the classified service. No appointing authority, except those in the legislative and judicial departments, may increase the pay or pay grade of a position by reclassification or any other means without the approval of the division of human resources for pay grade level and without the approval of the division of financial management for sufficiency of spending authority of the appointing authority to meet the proposed change. Appointing authorities in preparation of budget requests shall include exact position control numbers in justification of salaries and other compensation and must assign position control numbers to proposed new positions prior to budget submission. A list of additions, deletions and changes during the first six (6) months of the current fiscal year and projections for the second six (6) months of the current fiscal year of the positions so controlled shall be furnished by the department to the legislature and to the governor on January 1. Any authority vested in any appointing authority or agency, commission, department, board, office or institution is limited by the provisions of this section.

(2) Positions authorized by the division of financial management but not filled by the appointing authority within twelve (12) months of such authorization shall be declared null and void and shall not be filled except upon a new authorization by the division of financial management and the division of human resources.

History:

[67-3519, added 1974, ch. 22, sec. 38, p. 592; am. 1981, ch. 227, sec. 12, p. 456; am. 1992, ch. 274, sec. 1, p. 847; am. 1995, ch. 153, sec. 16, p. 629; am. 2021, ch. 160, sec. 10, p. 448; am. 2023, ch. 6, sec. 2, p. 11.]
Idaho Code § 67-6610 — Idaho Code / Title 67 / Chapter 66 / Section 67-6610
67-6610 CONTRIBUTION IN EXCESS OF FIFTY DOLLARS.
Status: in_force

67-6610. Contribution in excess of fifty dollars. (a) Any person who contributes more than fifty dollars ($50.00) (including one or more smaller contributions which aggregate more than fifty dollars ($50.00) in any one calendar year) to a candidate or political committee shall accompany the contribution with a statement of his full name and complete address.

(b) If a political treasurer is offered or receives a payment or contribution of more than fifty dollars ($50.00), or which together with prior contributions from the same person during that calendar year exceeds fifty dollars ($50.00), and there is no statement of the full name and complete address of the person making the contribution, the contribution shall be returned to the contributor if his identity can be ascertained. If the contributor's identity cannot be ascertained, the contribution shall be transmitted immediately by the political treasurer who received it to the state controller for deposit in the public school fund.

History:

[67-6610, added Init. Measure 1974, No. 1, sec. 10; am. 1994, ch. 180, sec. 229, p. 562.]
Idaho Code § 67-6503 — Idaho Code / Title 67 / Chapter 65 / Section 67-6503
67-6503 PARTICIPATION OF LOCAL GOVERNMENTS.
Status: in_force

67-6503. Participation of local governments. Every city and county shall exercise the powers conferred by this chapter.

History:

[67-6503, added I.C., sec. 67-6503, as added by 1975, ch. 188, sec. 2, p. 515.]
Idaho Code § 67-7204 — Idaho Code / Title 67 / Chapter 72 / Section 67-7204
67-7204 STATE DEPARTMENTS, AGENCIES AND POLITICAL SUBDIVISIONS TO COOPERATE.
Status: in_force

67-7204. State departments, agencies and political subdivisions to cooperate. The commission may procure information and assistance from the state or any political subdivision thereof, or any state department or agency. All agencies, officers, and political subdivisions of the state shall give the commission all relevant information and assistance on any matters of research within their knowledge or control.

History:

[67-7204, added 1987, ch. 163, sec. 1, p. 321.]
Idaho Code § 67-1601 — Idaho Code / Title 67 / Chapter 16 / Section 67-1601
67-1601 STATEMENT OF FINDINGS AND PURPOSE.
Status: in_force

67-1601. Statement of findings and purpose. (1) The legislature and governor of the state of Idaho find that:

(a) The Idaho state capitol building, hereafter referred to as the capitol building, located at the seat of government, in Boise City, Ada County, is a public monument representing the spirit of Idaho's citizens, a symbol of Idaho's sovereignty and one of Idaho's most renowned landmarks.

(b) The capitol building is also one of the most vital and preeminent public buildings in Idaho, wherein the legislative department and a majority of the elected executive department officers maintain their offices and perform their constitutionally prescribed duties.

(c) The maintenance and preservation of the capitol building and its grounds, including its historical character and architectural uniqueness, is of vital public interest and concern.

(d) The existing statutes do not fully and completely address the use, control, security, operation, maintenance, historical character and architectural uniqueness of the capitol building and its grounds.

(2) It is declared that the purposes of this chapter are:

(a) To establish a statute to comprehensively govern all aspects of the use, control, security, operation, and maintenance of the capitol building and its grounds.

(b) To ensure that the historical character and architectural integrity of the capitol building and its grounds be preserved and promoted.

(c) To promote cooperation between the public and private sectors to fund necessary enhancements to and the preservation of the capitol building and its grounds in all respects and particularly its historical character and architectural integrity.

History:

[67-1601, added 1998, ch. 306, sec. 2, p. 1007.]
Idaho Code § 67-3701 — Idaho Code / Title 67 / Chapter 37 / Section 67-3701
67-3701 SHORT TITLE.
Status: in_force

67-3701. SHORT TITLE. This act shall be known and may be cited as the "Idaho Code Cleanup Act."

History:

[67-3701, added 2025, ch. 2, sec. 1, p. 3.]
Idaho Code § 67-8204 — Idaho Code / Title 67 / Chapter 82 / Section 67-8204
67-8204 MINIMUM STANDARDS AND REQUIREMENTS FOR DEVELOPMENT IMPACT FEES ORDINANCES.
Status: in_force

67-8204. Minimum standards and requirements for development impact fees ordinances. Governmental entities which comply with the requirements of this chapter may impose by ordinance development impact fees as a condition of development approval on all developments.

(1) A development impact fee shall not exceed a proportionate share of the cost of system improvements determined in accordance with section 67-8207, Idaho Code. Development impact fees shall be based on actual system improvement costs or reasonable estimates of such costs.

(2) A development impact fee shall be calculated on the basis of levels of service for public facilities adopted in the development impact fee ordinance of the governmental entity that are applicable to existing development as well as new growth and development. The construction, improvement, expansion or enlargement of new or existing public facilities for which a development impact fee is imposed must be attributable to the capacity demands generated by the new development.

(3) A development impact fee ordinance shall specify the point in the development process at which the development impact fee shall be collected. The development impact fee may be collected no earlier than the commencement of construction of the development, or the issuance of a building permit or a manufactured home installation permit, or as may be agreed by the developer and the governmental entity.

(4) A development impact fee ordinance shall be adopted in accordance with the procedural requirements of section 67-8206, Idaho Code.

(5) A development impact fee ordinance shall include a process whereby the governmental agency shall allow the developer, upon request by the developer, to provide a written individual assessment of the proportionate share of development impact fees under the guidelines established by this chapter which shall be set forth in the ordinance. The individual assessment process shall permit consideration of studies, data, and any other relevant information submitted by the developer to adjust the amount of the fee. The decision by the governmental agency on an application for an individual assessment shall include an explanation of the calculation of the impact fee, including an explanation of factors considered under section 67-8207, Idaho Code, and shall specify the system improvement(s) for which the impact fee is intended to be used.

(6) A development impact fee ordinance shall provide a process whereby a developer shall receive, upon request, a written certification of the development impact fee schedule or individual assessment for a particular project, which shall establish the development impact fee so long as there is no material change to the particular project as identified in the individual assessment application, or the impact fee schedule. The certification shall include an explanation of the calculation of the impact fee including an explanation of factors considered under section 67-8207, Idaho Code. The certification shall also specify the system improvement(s) for which the impact fee is intended to be used.

(7) A development impact fee ordinance shall include a provision for credits in accordance with the requirements of section 67-8209, Idaho Code.

(8) A development impact fee ordinance shall include a provision prohibiting the expenditure of development impact fees except in accordance with the requirements of section 67-8210, Idaho Code.

(9) A development impact fee ordinance may provide for the imposition of a development impact fee for system improvement costs incurred subsequent to adoption of the ordinance to the extent that new growth and development will be served by the system improvements.

(10) A development impact fee ordinance may exempt all or part of a particular development project from development impact fees provided that such project is determined to create affordable housing, provided that the public policy which supports the exemption is contained in the governmental entity's comprehensive plan and provided that the exempt development's proportionate share of system improvements is funded through a revenue source other than development impact fees.

(11) A development impact fee ordinance shall provide that development impact fees shall only be spent for the category of system improvements for which the fees were collected and either within or for the benefit of the service area in which the project is located.

(12) A development impact fee ordinance shall provide for a refund of development impact fees in accordance with the requirements of section 67-8211, Idaho Code.

(13) A development impact fee ordinance shall establish for a procedure for timely processing of applications for determination by the governmental entity regarding development impact fees applicable to a project, individual assessment of development impact fees, credits or reimbursements to be allowed or paid under section 67-8209, Idaho Code, and extraordinary impact.

(14) A development impact fee ordinance shall specify when an application for an individual assessment of development impact fees shall be permitted to be made by a developer or fee payer. An application for an individual assessment of development impact fees shall be permitted sufficiently in advance of the time that the developer or fee payer may seek a building permit or related permits so that the issuance of a building permit or related permits will not be delayed.

(15) A development impact fee ordinance shall provide for appeals regarding development impact fees in accordance with the requirements of section 67-8212, Idaho Code.

(16) A development impact fee ordinance must provide a detailed description of the methodology by which costs per service unit are determined. The development impact fee per service unit may not exceed the amount determined by dividing the costs of the capital improvements described in section 67-8208(1)(f), Idaho Code, by the total number of projected service units described in section 67-8208(1)(g), Idaho Code. If the number of new service units projected over a reasonable period of time is less than the total number of new service units shown by the approved land use assumptions at full development of the service area, the maximum impact fee per service unit shall be calculated by dividing the costs of the part of the capital improvements necessitated by and attributable to the projected new service units described in section 67-8208(1)(g), Idaho Code, by the total projected new service units described in that section.

(17) A development impact fee ordinance shall include a schedule of development impact fees for various land uses per unit of development. The ordinance shall provide that a developer shall have the right to elect to pay a project's proportionate share of system improvement costs by payment of development impact fees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvement costs, except as provided in section 67-8214(3), Idaho Code.

(18) After payment of the development impact fees or execution of an agreement for payment of development impact fees, additional development impact fees or increases in fees may not be assessed unless the number of service units increases or the scope or schedule of the development changes. In the event of an increase in the number of service units or schedule of the development changes, the additional development impact fees to be imposed are limited to the amount attributable to the additional service units or change in scope of the development.

(19) No system for the calculation of development impact fees shall be adopted which subjects any development to double payment of impact fees.

(20) A development impact fee ordinance shall exempt from development impact fees the following activities:

(a) Rebuilding the same amount of floor space of a structure which was destroyed by fire or other catastrophe, providing the structure is rebuilt and ready for occupancy within two (2) years of its destruction;

(b) Remodeling or repairing a structure which does not increase the number of service units;

(c) Replacing a residential unit, including a manufactured home, with another residential unit on the same lot, provided that the number of service units does not increase;

(d) Placing a temporary construction trailer or office on a lot;

(e) Constructing an addition on a residential structure which does not increase the number of service units; and

(f) Adding uses that are typically accessory to residential uses, such as tennis courts or clubhouse, unless it can be clearly demonstrated that the use creates a significant impact on the capacity of system improvements.

(21) A development impact fee will be assessed for installation of a modular building, manufactured home or recreational vehicle unless the fee payer can demonstrate by documentation such as utility bills and tax records, either:

(a) That a modular building, manufactured home or recreational vehicle was legally in place on the lot or space prior to the effective date of the development impact fee ordinance; or

(b) That a development impact fee has been paid previously for the installation of a modular building, manufactured home or recreational vehicle on that same lot or space.

(22) A development impact fee ordinance shall include a process for dealing with a project which has extraordinary impacts.

(23) A development impact fee ordinance shall provide for the calculation of a development impact fee in accordance with generally accepted accounting principles. A development impact fee shall not be deemed invalid because payment of the fee may result in an incidental benefit to owners or developers within the service area other than the person paying the fee.

(24) A development impact fee ordinance shall include a description of acceptable levels of service for system improvements.

(25) Any provision of a development impact fee ordinance that is inconsistent with the requirements of this chapter shall be null and void and that provision shall have no legal effect. A partial invalidity of a development impact fee ordinance shall not affect the validity of the remaining portions of the ordinance that are consistent with the requirements of this chapter.

History:

[67-8204, added 1992, ch. 282, sec. 1, p. 864; am. 1996, ch. 366, sec. 2, p. 1229; am. 2002, ch. 347, sec. 2, p. 986.]
Idaho Code § 67-7050 — Idaho Code / Title 67 / Chapter 70 / Section 67-7050
67-7050 RECIPROCAL AGREEMENTS.
Status: in_force

67-7050. Reciprocal agreements. (1) The department is authorized to enter into bilateral, reciprocal agreements with other jurisdictions to provide mutual assistance in the disposition of vessel offenses committed by residents of one (1) jurisdiction while in the other jurisdiction.

(2) The vessel offense reciprocal agreements entered into on behalf of this state with all other states legally joining therein shall be in a form substantially as follows:

ARTICLE I — FINDINGS AND DECLARATION OF POLICY

(1) The party states find that:

(a) The safety of their waters is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of vessels.

(b) Violation of such laws or ordinances is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property.

(2) It is the policy of each of the party states to promote compliance with the laws, ordinances and administrative rules and regulations relating to the operation of vessels by their operators in each of the jurisdictions where such operators operate vessels.

ARTICLE II — DEFINITION

"State" means a state of the United States and the District of Columbia.

ARTICLE III — CONCURRENT JURISDICTION

(1) If conduct is prohibited by two (2) adjoining party states, courts and law enforcement officers in either state who have jurisdiction over vessel offenses committed where waters form a common interstate boundary have concurrent jurisdiction to arrest, prosecute and try offenders for the prohibited conduct committed anywhere on the boundary water between the two (2) states.

(2) These reciprocal agreements will not authorize:

(a) Prosecution of any person for conduct that is unlawful in the state where it was committed, but lawful in the other party state.

(b) A prohibited conduct by the party state.

ARTICLE IV — CONSTRUCTION AND SEVERABILITY

These reciprocal agreements shall be liberally construed so as to effectuate the purposes thereof. The provisions of these reciprocal agreements shall be severable and if any phrase, clause, sentence or provision of these reciprocal agreements is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of these reciprocal agreements and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If the reciprocal agreements shall be held contrary to the constitution of any state party thereto, the reciprocal agreements shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

History:

[67-7050, added 1993, ch. 252, sec. 1, p. 877.]
Idaho Code § 67-6412 — Idaho Code / Title 67 / Chapter 64 / Section 67-6412
67-6412 EXEMPTION FROM TAXATION.
Status: in_force

67-6412. Exemption from taxation. (a) As set forth in the declaration of finding and purpose herein, the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter, and the notes and bonds of the authority 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.

(b) The property of the authority and its income and operation shall be exempt from taxation or assessments upon any property acquired or used by the authority under the provisions of this act.

History:

[67-6412, added 1974, ch. 111, sec. 12, p. 1263.]
Idaho Code § 67-7109 — Idaho Code / Title 67 / Chapter 71 / Section 67-7109
67-7109 SNOWMOBILES — PROHIBITION AGAINST HIGHWAY OPERATION — EXCEPTIONS.
Status: in_force

67-7109. snowmobiles — Prohibition against highway operation — Exceptions. No person shall operate a snowmobile upon any highway or public roadway in this state, with the following exceptions:

(1) Properly numbered snowmobiles may cross, as directly as possible after a full and complete stop, highways and public roadways, except controlled access highways, provided that the crossing can be made in safety and that it does not interfere with the free movement of vehicular traffic approaching from either direction on the highway or public roadway. It shall be the responsibility of the operator of the snowmobile to yield the right-of-way to all vehicular traffic upon any highway or public roadway before crossing.

(2) Loading or unloading shall be done without causing a hazard to vehicular traffic approaching from either direction on a highway or public roadway. Loading or unloading shall be accomplished with regard to safety, at the nearest possible point to the area of operation.

(3) The prohibition against operating snowmobiles upon highways and public roadways shall not apply to any highway or public roadway drifted or covered with snow to an extent that travel on it by other motor vehicles is impractical or impossible.

(4) Snowmobiles may be operated on that portion of a highway or public roadway right-of-way that is not maintained or utilized for the operation of conventional motor vehicles.

(5) Local authorities may, by ordinance, specifically designate public roadways upon which snowmobiles may be operated.

History:

[(67-7109) 1969, ch. 338, sec. 10, p. 1061; am. and redesig. 1988, ch. 265, sec. 540, p. 847; am. 2021, ch. 149, sec. 7, p. 406.]
Idaho Code § 67-9226 — Idaho Code / Title 67 / Chapter 92 / Section 67-9226
67-9226 DISCOUNTS.
Status: in_force

67-9226. discounts. (1) Whenever an employee of an agency is charged with the responsibility of procuring property for and on behalf of the state, the employee shall, if possible, negotiate discounts normally given in the ordinary course of business including, but not limited to, discounts for prompt payment and discounts for bulk acquisitions.

(2) It shall be the duty of the administrator to prescribe by rule the manner by which to obtain discounts.

History:

[67-9226, added 2016, ch. 289, sec. 4, p. 800.]
Idaho Code § 67-5332 — Idaho Code / Title 67 / Chapter 53 / Section 67-5332
67-5332 CREDITED STATE SERVICE — APPLICABILITY — COMPUTATION.
Status: in_force

67-5332. Credited state service — Applicability — Computation. (1) For the purposes of payroll, vacation or annual leave, sick leave and other applicable purposes, credited state service shall be earned by:

(a) Eligible classified and nonclassified officers and employees of any department, commission, division, agency or board of the executive department;

(b) Such other classified and nonclassified officers and employees as may be prescribed by law or by order of the state board of examiners.

(2) Service in the employ of any of the following units of government, or other similar units, shall not earn credited state service: counties, cities, school districts, community college districts, irrigation districts and highway districts. Service as an independent contractor or consultant is not state service.

(3) One (1) hour of credited state service shall be earned by each eligible state officer or employee for each hour, or major fraction thereof, worked or on approved leave as provided in subsection (4) of this section.

(4) Credited state service shall be earned when on approved leave with pay, on approved vacation leave, approved military leave, on approved sick leave, and holiday leave, but not when compensatory time or earned administrative leave is taken.

(5) Service for retirement purposes shall be as provided in chapter 13, title 59, Idaho Code.

History:

[67-5332, added 1977, ch. 307, sec. 10, p. 869; am. 1979, ch. 197, sec. 2, p. 572; am. 1981, ch. 133, sec. 6, p. 234; am. 1988, ch. 85, sec. 1, p. 169; am. 1999, ch. 243, sec. 3, p. 622; am. 2000, ch. 121, sec. 2, p. 266; am. 2022, ch. 112, sec. 12, p. 413.]
Idaho Code § 67-1211 — Idaho Code / Title 67 / Chapter 12 / Section 67-1211
67-1211 PAYMENT OF WARRANTS.
Status: in_force

67-1211. Payment of warrants. The state treasurer must pay warrants on any of the several funds in his office as prescribed by law, provided that the state treasurer and his employees reserve the right to deny the cashing of warrants in the treasurer's office that total more than two thousand dollars ($2,000). Any or all warrants totaling more than two thousand dollars ($2,000), must be cashed or deposited at another financial institution.

History:

[(67-1211) 1870, p. 41, sec. 1; R.S., sec. 235; am. R.C., sec. 123; reen. C.L., sec. 123; C.S., sec. 167; I.C.A., sec. 65-1111; am. 1976, ch. 42, sec. 21, p. 103; am. 2004, ch. 171, sec. 1, p. 550.]
Idaho Code § 67-9203 — Idaho Code / Title 67 / Chapter 92 / Section 67-9203
67-9203 DEFINITIONS.
Status: in_force

67-9203. definitions. As used in this chapter:

(1) "Acquisition" means the process of procuring property.

(2) "Administrator" means the administrator of the division of purchasing as created by section 67-9204, Idaho Code.

(3) "Agency" means all officers, departments, divisions, bureaus, boards, commissions and institutions of the state, including the public utilities commission, but excluding:

(a) The legislative and judicial branches of government;

(b) The governor, lieutenant governor, secretary of state, state controller, state treasurer, attorney general and superintendent of public instruction; and

(c) Except as provided in section 67-9234, Idaho Code, a state institution of higher education that complies with the provisions of section 67-9225, Idaho Code.

(4) "Best and final offer" means a final written offer submitted by a bidder in response to a request by the administrator during negotiations or following material changes to a solicitation.

(5) "Bid" means a written offer to perform a contract to sell or otherwise supply property in response to a solicitation.

(6) "Bidder" means a vendor who has submitted a bid on property to be acquired by the state.

(7) "Contract" means an agreement for the acquisition of property, including a purchase order.

(8) "Contractor" means a vendor who has been awarded a contract.

(9) "Director" means the director of the department of administration as created by section 67-5701, Idaho Code.

(10) "Environmental, social, and governance standards" means procurement standards that screen or score bids, in whole or in part, on subjective ethical or sustainability criteria unrelated to the specifications in a solicitation or the qualifications of a bidder.

(11) "Frivolous protest" means a challenge to a solicitation or contract award that:

(a) Lacks any arguable basis in law or fact;

(b) Is not supported by a good faith argument for the extension, modification, or reversal of an existing contract award;

(c) Is filed for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of the procurement process; or

(d) Asserts claims that are identical or substantially similar to claims previously adjudicated by the administrator or a court of competent jurisdiction, including proceedings in Idaho and other states, involving the same vendor and a similar procurement.

(12) "Lowest responsible bidder" means the responsible bidder whose bid reflects the lowest acquisition price to be paid by the state and meets the bid qualifications, except that when specifications are valued or comparative performance evaluations are conducted, the results of such examinations and the relative score of valued specifications will be weighed, as set out in the specifications, in determining the lowest acquisition price.

(13) "Multiple-award contract" means a contract awarded to two (2) or more bidders to furnish the same or similar property when necessary or convenient to ensure adequate delivery, service, or product compatibility.

(14) "Open contract" means a contract awarded by the state through the division of purchasing as a result of a competitive solicitation to one (1) or more vendors who have agreed to allow all agencies to procure specified property under the terms and conditions set forth in the contract.

(15) "Procure" means to obtain property for state use in a manner other than by gift, including but not limited to purchase, lease, or rent.

(16) "Property" means goods, services, parts, supplies, and equipment, both tangible and intangible, including but not limited to designs, plans, programs, systems, techniques, and any rights or interests in such property.

(17) "Request for information" means a formal request to potential vendors to provide information on their capabilities, services, and pricing for the purpose of identifying the scope of requested work, which may include eventual procurement of property, in order to create a draft request for proposals.

(18) "Request for proposal" means a formal request for vendors to submit a bid, which includes the total scope of services and is the basis of the award of a contract.

(19) "Request for quote" means an informal request to vendors for pricing and terms on specific property.

(20) "Sole source" means the only vendor from whom specific property is available to procure.

(21) "Solicitation" means an invitation to bid, a request for proposal, or a request for quote issued pursuant to this chapter for the purpose of procuring property.

(22) "Specifications" means the standards or requirements for property to be procured as explicitly stated in a solicitation or contract.

(23) "State institution of higher education" means Boise state university, Idaho state university, or Lewis-Clark state college.

(24) "Vendor" means a person or entity capable of supplying property to the state.

History:

[67-9203, added 2016, ch. 289, sec. 4, p. 793; am. 2018, ch. 17, sec. 7, p. 29; am. 2023, ch. 129, sec. 5, p. 369; am. 2024, ch. 230, sec. 2, p. 810; am. 2026, ch. 283, sec. 1, p. 1182.]
Idaho Code § 67-6625 — Idaho Code / Title 67 / Chapter 66 / Section 67-6625
67-6625 VIOLATIONS — CIVIL FINE — MISDEMEANOR PENALTY — PROSECUTION — LIMITATION — VENUE.
Status: in_force

67-6625. Violations — Civil fine — Misdemeanor penalty — Prosecution — Limitation — Venue. (1) Any person who violates the provisions of sections 67-6603, 67-6604, 67-6606 through 67-6614A, 67-6624, 67-6627 or 67-6628, Idaho Code, shall be liable for a civil fine not to exceed two hundred fifty dollars ($250) if an individual, and not more than two thousand five hundred dollars ($2,500) if a person other than an individual. The burden of proof for such civil liability shall be met by showing a preponderance of the evidence.

(2) Any person who violates section 67-6605, Idaho Code, and any person who knowingly and willfully violates sections 67-6603 through 67-6614A, 67-6624, 67-6627 or 67-6628, Idaho Code, is guilty of a misdemeanor and, upon conviction, in addition to the fines set forth in subsection (1) of this section, may be imprisoned for not more than six (6) months or be both fined and imprisoned.

(3) The attorney general or the appropriate prosecuting attorney may prosecute any violations of this chapter.

(4) Prosecution for a civil or misdemeanor violation of this chapter must be commenced within two (2) years after the date on which the violation occurred. Prosecution for a felony violation of this chapter must be commenced pursuant to the provisions of section 19-402, Idaho Code.

(5) Venue for prosecution under the provisions of this chapter shall be in the county of residence of the defendant if the defendant is a resident of the state of Idaho, otherwise venue shall be in Ada county.

History:

[67-6625, added Init. Measure 1974, No. 1, sec. 25; am. 1976, ch. 227, sec. 1, p. 812; am. 1977, ch. 169, sec. 1, p. 434; am. 1978, ch. 43, sec. 1, p. 77; am. 1997, ch. 393, sec. 6, p. 1254; am. 2001, ch. 106, sec. 2, p. 350; am. 2005, ch. 254, sec. 3, p. 780; am. 2017, ch. 142, sec. 4, p. 338; am. 2021, ch. 237, sec. 2, p. 727; am. 2025, ch. 280, sec. 12, p. 1198.]
Idaho Code § 67-2920 — Idaho Code / Title 67 / Chapter 29 / Section 67-2920
67-2920 BLUE ALERT SYSTEM.
Status: in_force

67-2920. blue alert system. (1) There is hereby established a statewide alert system known as "Blue Alert" that shall be developed and implemented by the Idaho state police.

(2) As used in this section:

(a) "Law enforcement agency" means a law enforcement agency with jurisdiction over the search for a suspect in a case involving the death or serious injury of a peace officer or an agency employing a peace officer who is missing in the line of duty; and

(b) "Peace officer" means a person who is certified to exercise the powers of arrest.

(3) The blue alert system may be activated:

(a) When a suspect for a crime involving the death or serious injury of a peace officer has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public; or

(b) When a peace officer becomes missing while in the line of duty under circumstances warranting concern for such peace officer's safety.

(4) Upon notification by a law enforcement agency that a suspect in a case involving the death or serious injury of a peace officer has not been apprehended and may be a serious threat to the public or to a peace officer or that a peace officer is missing in the line of duty under circumstances warranting concern for such peace officer's safety, the state police shall activate the blue alert system and notify appropriate participants in the blue alert system, as established by rule, if:

(a) A law enforcement agency believes that a suspect has not been apprehended;

(b) A law enforcement agency believes that the suspect may be a serious threat to the public; and

(c) Sufficient information is available to disseminate to the public that could assist in locating the suspect or the missing peace officer. The area of the alert may be less than statewide if the division determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location.

(5) Before requesting activation of the blue alert system, a law enforcement agency shall verify that the criteria described in subsection (4) of this section has been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime or the last known location of the missing peace officer.

(6) The state police shall terminate the blue alert with respect to a particular incident if:

(a) The suspect or peace officer is located or the incident is otherwise resolved; or

(b) The state police determine that the blue alert system is no longer an effective tool for locating the suspect or the peace officer. Law enforcement agencies shall notify the division immediately when the suspect is located and in custody or the peace officer is found.

(7) Any entity or individual involved in the dissemination of a blue alert generated pursuant to this section shall not be liable for any civil damages arising from such dissemination.

History:

[67-2920, added 2019, ch. 142, sec. 1, p. 489.]
Idaho Code § 67-4616 — Idaho Code / Title 67 / Chapter 46 / Section 67-4616
67-4616 CHANGE IN USE OF HISTORIC PROPERTY.
Status: in_force

67-4616. Change in use of historic property. (1) A historic property designated by ordinance as herein provided may be demolished, materially altered, remodeled, relocated or put to a different use only after one hundred eighty (180) days' written notice of the owner's proposed action has been given to the local historic preservation commission. During this period, the commission may negotiate with the owner and with any other parties in an effort to find a means of preserving the property. During this period, or at any time prior thereto following notice of designation to the owner as provided in section 67-4615 d., Idaho Code, and where such action is reasonably necessary or appropriate for the continued preservation of the property, the commission may enter into negotiations with the owner for the acquisition by gift, purchase, or exchange of the property or any interest therein. The commission may reduce the waiting period required by this section in any case where the owner would suffer extreme hardship, unless a reduction in the required period were allowed. The commission shall have the discretionary authority to waive all or any portion of the required waiting period, provided that the alteration, remodeling, relocation or change of use is undertaken subject to conditions agreed to by the commission insuring the continued maintenance of the historical, architectural, archeological or cultural integrity and character of the property.

(2) Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature in or on a historic property that does not involve a change in design, material, or outer appearance thereof, nor to prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such feature when a building inspector or similar official certifies to the commission that such action is required for the public safety because of an unsafe or dangerous condition.

(3) Nothing in this act shall authorize or be construed to allow the designation, regulation, conditioning or restriction by ordinance or other means of any property or facility owned by the state of Idaho.

History:

[67-4616, added I.C., sec. 67-4616, as added by 1975, ch. 142, sec. 2, p. 324; am. 2001, ch. 259, sec. 6, p. 934.]
Idaho Code § 67-5246 — Idaho Code / Title 67 / Chapter 52 / Section 67-5246
67-5246 FINAL ORDERS — EFFECTIVENESS OF FINAL ORDERS.
Status: in_force

67-5246. Final orders — Effectiveness of final orders. (1) If the presiding officer is the agency head, the presiding officer shall issue a final order.

(2) If the presiding officer issued a recommended order, the agency head shall issue a final order following review of that recommended order.

(3) If the presiding officer issued a preliminary order, that order becomes a final order unless it is reviewed as required in section 67-5245, Idaho Code. If the preliminary order is reviewed, the agency head shall issue a final order.

(4) Unless otherwise provided by statute or rule, any party may file a motion for reconsideration of any final order issued by the agency head within fourteen (14) days of the service date of that order. The agency head shall issue a written order disposing of the petition. The petition is deemed denied if the agency head does not dispose of it within twenty-one (21) days after the filing of the petition.

(5) Unless a different date is stated in a final order, the order is effective fourteen (14) days after its service date if a party has not filed a petition for reconsideration. If a party has filed a petition for reconsideration with the agency head, the final order becomes effective when:

(a) The petition for reconsideration is disposed of; or

(b) The petition is deemed denied because the agency head did not dispose of the petition within twenty-one (21) days.

(6) A party may not be required to comply with a final order unless the party has been served with or has actual knowledge of the order. If the order is mailed to the last known address of a party, the service is deemed to be sufficient.

(7) A nonparty shall not be required to comply with a final order unless the agency has made the order available for public inspection or the nonparty has actual knowledge of the order.

(8) The provisions of this section do not preclude an agency from taking immediate action to protect the public interest in accordance with the provisions of section 67-5247, Idaho Code.

History:

[67-5246, added 1992, ch. 263, sec. 31, p. 806; am. 2010, ch. 255, sec. 3, p. 647.]
Idaho Code § 67-5277 — Idaho Code / Title 67 / Chapter 52 / Section 67-5277
67-5277 JUDICIAL REVIEW OF ISSUES OF FACT.
Status: in_force

67-5277. Judicial review of issues of fact. Judicial review shall be conducted by the court without a jury. Unless otherwise provided by statute, judicial review of disputed issues of fact must be confined to the agency record for judicial review as defined in this chapter, supplemented by additional evidence taken pursuant to section 67-5276, Idaho Code.

History:

[67-5277, added 1992, ch. 263, sec. 49, p. 813.]
Idaho Code § 67-2755 — Idaho Code / Title 67 / Chapter 27 / Section 67-2755
67-2755 INJUNCTIONS — OTHER REMEDIES.
Status: in_force

67-2755. Injunctions — Other remedies. Whenever it appears to the director that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act or any rule or order hereunder, he may in his discretion:

(1) Order the person to cease and desist from the violation or attempted violation of any provision of this act, rule or order hereunder, if, in the determination of the director, it is necessary to protect any financial institution or the public, or a person is violating or is about to violate this act, or other good cause justifies the same, without prior notice to the person or opportunity for hearing.

(2) Order the person to cease and desist from the violation or attempted violation of any provision of this act, rule or order hereunder and, after giving reasonable notice and opportunity for a hearing, issue the following:

(a) An order restoring to any financial institution or person in interest any consideration, funds or property which may have been acquired or transferred in violation of this act;

(b) An order that the person violating this act, or any rule or order hereunder, pay a civil penalty to the department of finance in an amount not to exceed five thousand dollars ($5,000) for each violation. In the event a person violating this act knowingly accepts money representing (i) equity in a person's home, (ii) a withdrawal from any individual retirement account or similar account or (iii) a withdrawal from any qualified retirement plan as defined in the Internal Revenue Code, that person may be ordered by the director to pay a civil penalty to the department of finance in an amount not to exceed ten thousand dollars ($10,000) for each violation.

(c) In addition to the penalties set forth in paragraph (b) of this subsection, in the event a person violating this act has knowledge that the victim is an elder or dependent adult, that person may be ordered by the director to pay a civil penalty to the department of finance in an amount not to exceed ten thousand dollars ($10,000) for each violation. As used in this section, "elder" means any person who is sixty-five (65) years of age or older. As used in this section, "dependent adult" means any person who is between the ages of eighteen (18) and sixty-four (64) years, who has physical or mental limitations which restrict the person's ability to carry out normal activities or to protect the person's rights including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age or illness;

(d) An order that the person violating this act, or any rule or order hereunder, pay costs, which in the discretion of the director may include an amount representing reasonable attorney's fees and reimbursements of investigative efforts; or

(e) An order granting other appropriate remedies.

(3) Enter into a consent order, or other administrative order or agreement, setting forth requirements, limitations and restrictions on the future conduct or practices of a person violating this act. A consent order, or other administrative order or agreement entered into pursuant to this act, may include assessment of any of the penalties authorized in subsection (2) of this section.

(4) Bring an action in any court of competent jurisdiction to enjoin any such acts or practices and to enforce compliance with this act or any rule or order hereunder. Upon a showing that a person has engaged or is about to engage in any act or practice constituting a violation of this act or any rule hereunder, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted. The director shall not be required to furnish a bond.

(5) In addition to the remedies in subsection (4) of this section, the director, in his discretion and upon a showing in any court of competent jurisdiction that a person has violated the provisions of this act or any rule or order hereunder, may be granted the following additional remedies:

(a) An order restoring to any financial institution or to any person in interest any consideration, funds or property which may have been acquired or transferred in violation of this act;

(b) An order that the person violating this act, rules or any order hereunder pay a civil penalty to the department of finance in an amount not to exceed ten thousand dollars ($10,000) for each violation;

(c) An order awarding the director all costs incurred, which in the discretion of the court may include an amount representing reasonable attorney's fees and reimbursements for investigative efforts; or

(d) An order granting other appropriate remedies.

(6) Liability for sanctions, both civil and criminal, and personal jurisdiction shall extend to all persons who engaged in violations or attempted violations or who aided and abetted others or conspired with others in violations or attempted violations of this act and rules and orders hereunder. Officers and directors of corporations shall not be exempt from actions brought for violations, merely because of their capacity as officers or directors, if they have participated in acts making the violations possible or if they have actual or constructive knowledge of violations by the corporation while acting as an officer, director or member.

History:

[67-2755, added 2005, ch. 265, sec. 7, p. 813.]
Idaho Code § 67-5911 — Idaho Code / Title 67 / Chapter 59 / Section 67-5911
67-5911 REPRISALS FOR OPPOSING UNLAWFUL PRACTICES.
Status: in_force

67-5911. Reprisals for opposing unlawful practices. It shall be unlawful for a person or any business entity subject to regulation by this chapter to discriminate against any individual because he or she has opposed any practice made unlawful by this chapter or because such individual has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or litigation under this chapter.

History:

[67-5911, added 1982, ch. 83, sec. 5, p. 156; am. 2005, ch. 278, sec. 6, p. 877.]
Idaho Code § 67-6515A — Idaho Code / Title 67 / Chapter 65 / Section 67-6515A
67-6515A TRANSFER OF DEVELOPMENT RIGHTS.
Status: in_force

67-6515A. Transfer of development rights. (1) Any city or county governing body may, by ordinance and following notice and hearing procedures provided for under section 67-6509, Idaho Code, create development rights and establish procedures authorizing landowners to voluntarily transfer said development rights subject to:

(a) Such conditions as the governing body shall determine to fulfill the goals of the city or county to preserve open space, protect wildlife habitat and critical areas, enhance and maintain the rural character of lands with contiguity to agricultural lands suitable for long-range farming and ranching operations and avoid creation of aviation hazards as defined in section 21-501(2), Idaho Code; and

(b) Voluntary acceptance by the landowner of the development rights and any land use restrictions conditional to such acceptance.

(2) Before designating sending areas and receiving areas, a city or county shall conduct an analysis of the market in an attempt to assure that areas designated as receiving areas will have the capacity to accommodate the number of development rights expected to be generated from the sending areas.

(3) Ordinances providing for a transfer of development rights shall not require a property owner in a sending area to sell development rights. Once a transfer of development rights has been exercised it shall constitute a restriction on the development of the property in perpetuity, unless the city or county elects to extinguish such restriction pursuant to the provisions of this chapter.

(4) A city or county may not condition an application for a permit to which an applicant is otherwise entitled under existing zoning and subdivision ordinances on the acquisition of development rights. A city or county may not condition an application for a zoning district boundary change which is consistent with the comprehensive plan on the acquisition of development rights. A city or county may not reduce the density of an existing zone and thereafter require an applicant to acquire development rights as a condition of approving a request for a zoning district boundary change which would permit greater density.

(5) It shall be at the discretion of the persons selling and buying a transferable development right to determine whether a right will be transferred permanently without being exercised in a designated receiving area or whether a right will have requirements to be exercised within a designated receiving area within a set time period. If the development right is not used before the end of the time period provided by written contract and any extension thereof, the development right will revert to the owner of the property from which it was transferred.

(6) No transfer of a development right, as contemplated herein, shall affect the validity or continued right to use any water right that is appurtenant to the real property from which such development right is transferred. The transfer of a water right shall remain subject to the provisions of title 42, Idaho Code.

(7) (a) Ordinances providing for the transfer of development rights shall prescribe procedures for the issuance and recording of the instruments necessary to sever development rights from the sending property and to affix the development rights to the receiving property. These instruments shall specifically describe the property, shall be executed by all lienholders and other parties with an interest of record in any of the affected property, and shall be recorded with the county recorder. Transfers of development rights without such written and recorded consent shall be void.

(b) A development right which is transferred shall be deemed to be an interest in real property and the rights evidenced thereby shall inure to the benefit of the transferee, his heirs, successors and assigns. An unexercised development right shall not be taxed as real or personal property.

(8) For the purposes of this section:

(a) "Development rights" shall mean the rights permitted to a lot, parcel or area of land under a zoning or other ordinance respecting permissible use, area, density, bulk or height of improvements. Development rights may be calculated and allocated in accordance with such factors as area, floor area, floor area ratios, density, height limitations, or any other criteria that will effectively quantify a value for the development right in a reasonable and uniform manner that will carry out the objectives of this section.

(b) "Receiving area" shall mean one (1) or more designated areas of land to which development rights generated from one (1) or more sending areas may be transferred and in which increased development is permitted to occur by reason of such transfer.

(c) "Sending area" shall mean one (1) or more designated areas of land in which development rights may be designated for use in one (1) or more receiving areas.

(d) "Transfer of development rights" shall mean the process by which development rights are transferred from one (1) lot, parcel or area of land in any sending area to another lot, parcel or area of land in one (1) or more receiving areas.

History:

[67-6515A, added 1999, ch. 363, sec. 1, p. 959; am. 2003, ch. 224, sec. 1, p. 576; am. 2014, ch. 93, sec. 7, p. 259.]
Idaho Code § 67-5334 — Idaho Code / Title 67 / Chapter 53 / Section 67-5334
67-5334 VACATION TIME.
Status: in_force

67-5334. Vacation time. (1) Vacation time shall be computed as follows:

(a) Vacation time shall not accrue to any officer or employee on any kind of leave of absence without pay, suspension without pay or layoff. Vacation leave shall accrue while an officer or employee is on approved leave with pay, on approved vacation leave, on approved military leave with pay, and on approved sick leave, but not when compensatory time is taken.

(b) The rate per hour at which vacation leave shall accrue to eligible classified officers and employees earning credited state service who are covered and nonexempt under the federal fair labor standards act, 29 U.S.C. 201, et seq., shall be at the rate represented by the proportion 96/2080 during the first ten thousand four hundred (10,400) hours of credited state service; at the rate represented by the proportion 120/2080 during the second ten thousand four hundred (10,400) hours of credited state service; at the rate represented by the proportion 144/2080 during the third ten thousand four hundred (10,400) hours of credited state service; and at the rate represented by the proportion 168/2080 thereafter.

(c) Classified officers and employees earning credited state service and defined as an exempt "professional," "administrative," "computer worker" under the federal fair labor standards act, 29 U.S.C. 201, et seq., or who are designated as exempt under any other complete exemption in federal law shall be at the rate represented by the proportion 120/2080 during the first ten thousand four hundred (10,400) hours of credited state service; at the rate represented by the proportion 144/2080 during the second ten thousand four hundred (10,400) hours of credited state service; and at the rate represented by the proportion 168/2080 thereafter.

(d) Classified officers and employees earning credited state service and defined as an exempt "executive" under section 67-5302, Idaho Code, shall be at the rate represented by the proportion 200/2080.

(2) Eligibility and use of vacation time shall be determined as follows:

(a) An appointing authority shall permit each officer or employee to take vacation leave to the extent such leave has accrued.

(b) Vacation leave may be accrued and accumulated only as follows, unless amounts in excess of the permitted accumulations have been expressly authorized in writing by the board of examiners during unusual or emergency situations:

During the first ten thousand four hundred (10,400) hours of credited state service, vacation leave may be accrued and accumulated to a maximum of one hundred ninety-two (192) hours; employees classified as "executive" under section 67-5302, Idaho Code, may accrue and accumulate vacation leave to a maximum of two hundred (200) hours during this period;

During the second ten thousand four hundred (10,400) hours of credited state service, vacation leave may be accrued and accumulated to a maximum of two hundred forty (240) hours;

During the third ten thousand four hundred (10,400) hours of credited state service, vacation leave may be accrued and accumulated to a maximum of two hundred eighty-eight (288) hours;

After thirty-one thousand two hundred (31,200) hours of credited state service, vacation leave may be accrued and accumulated to a maximum of three hundred thirty-six (336) hours.

(c) Vacation leave shall be transferable from department to department only to the extent that it is accrued and accumulated.

(d) Vacation leave shall not be earned, accrued or accumulated during any pay period in which the maximum accruals and accumulations provided by this section have been met.

(e) Vacation leave not taken shall be compensated for at the time of separation only to the maximum accruals and accumulations allowed by this section.

(f) Vacation leave shall be taken on a workday basis. Regularly scheduled days off and officially designated holidays falling within a period of vacation leave shall not be counted against vacation leave. Vacation leave shall not be taken in advance of being earned and shall only be taken in pay periods subsequent to being earned.

(g) With the approval of the appointing authority for both the transferring and receiving officer or employee, an officer or employee may transfer accrued vacation or sick leave, up to a maximum of eighty (80) hours per fiscal year, to another officer or employee for purposes of sick leave in the event the receiving officer or employee or a family member suffers from a serious illness or injury. The amount transferred shall be converted to sick leave. An officer or employee shall not be allowed to receive more than one hundred sixty (160) hours of transferred leave per fiscal year, and a transfer shall not occur until the receiving employee has exhausted all of his or her accrued sick and vacation leave. An officer or employee shall not be eligible to transfer vacation or sick leave unless his or her balance exceeds eighty (80) hours, and in no event may an officer or employee transfer an amount of accrued leave that would result in an accrued balance of less than eighty (80) hours.

(3) Upon separation from state employment and to the limits allowed by subsection (2) of this section, all classified officers and employees shall receive a lump sum payment for accrued but unused vacation leave at the hourly rate of pay of that officer or employee.

History:

[67-5334, added 1971, ch. 327, sec. 9, p. 1289; am. 1972, ch. 326, sec. 5, p. 806; am. 1977, ch. 307, sec. 12, p. 871; am. 1999, ch. 243, sec. 5, p. 623; am. 2000, ch. 121, sec. 4, p. 268; am. 2006, ch. 380, sec. 19, p. 1196; am. 2008, ch. 196, sec. 5, p. 627; am. 2010, ch. 72, sec. 1, p. 120; am. 2021, ch. 195, sec. 1, p. 522.]
Idaho Code § 67-2745 — Idaho Code / Title 67 / Chapter 27 / Section 67-2745
67-2745 DUTY OF TREASURER UPON RECEIPT OF NOTICE OF CANCELLATION.
Status: in_force

67-2745. Duty of treasurer upon receipt of notice of cancellation. Upon receiving the notice of cancellation hereinbefore provided for, the state treasurer shall cease to make any further deposits in said depository, unless and until it is reinstated by the department of finance and he shall give immediate notice to said depository of his intention to withdraw all time deposits after the expiration of the period fixed by said notice, which period shall be in accordance with the agreement in respect thereto made at the time of the deposit.

He shall withdraw all checking deposits before the expiration of ninety (90) days from the receipt of said notice of cancellation. Such withdrawals shall be made at such times and in such amounts as the treasurer shall deem advisable, subject to the supervisory control of the department of finance, but in no case shall he fail within ten (10) days after receipt of said notice to withdraw at least 25 per cent of the pro rata amount of the treasurer's deposit secured by said bond and to withdraw at least 25 per cent of said amount during every 25-day period thereafter until the whole amount has been withdrawn.

History:

[(67-2745) R.C., sec. 131b, as added by 1915, ch. 168, sec. 10, p. 387; reen. C.L. 13:26; C.S., sec. 326; am. 1925, ch. 190, sec. 11, p. 349; I.C.A., sec. 65-2643.]
Idaho Code § 67-9704 — Idaho Code / Title 67 / Chapter 97 / Section 67-9704
67-9704 AGRICULTURAL PROTECTION AREAS.
Status: in_force

67-9704. Agricultural PROTECTION AREAS. (1) Each board of county commissioners shall establish an agricultural protection area ordinance in accordance with the notice and hearing procedures in section 67-6509, Idaho Code. At a minimum, the ordinance shall:

(a) Establish a process through which agricultural lands may be placed in agricultural protection areas for a minimum of twenty (20) years;

(b) Establish the application requirements, including but not limited to information about the landowner; a description of the parcels, structures, and facilities proposed to be included in an agricultural protection area; and the current uses of lands proposed to be included in an agricultural protection area;

(c) Establish clear and objective standards for evaluating applications for inclusion in an agricultural protection area;

(d) Establish the timeline for reviewing and making decisions on agricultural protection area applications; and

(e) Establish an application fee not to exceed the cost of covering administrative expenses for processing applications, including but not limited to reviewing application materials, providing public notice, recording applicable documents, and creating or updating a map of agricultural protection areas. Additional fees may be required if an appeal is filed pursuant to section 67-9706, Idaho Code, provided that such additional fees shall not exceed the actual cost of holding a public hearing.

(2) Each board of county commissioners shall establish by resolution or ordinance an agricultural protection area commission pursuant to section 67-9705, Idaho Code.

(3) Agricultural protection areas shall be designated on a planning map to serve as a voluntary and expeditious tool to inform planners, commissions, county officials, and citizens at large on how to proactively plan for agriculture. Such map designation shall not require a rezone, comprehensive plan amendment, or amendments to other comprehensive planning maps.

(4) The designations of specific parcels of land as agricultural protection areas shall not impact other parcels of land not designated as agricultural protection areas.

(5) Nothing shall restrict an applicant, as defined in section 67-9703, Idaho Code, from being able to apply for agricultural protection areas inside or outside of an area of impact established pursuant to section 67-6526, Idaho Code.

(6) Agricultural protection areas shall not be changed to another land use designation unless:

(a) The agricultural protection area expires and the landowner chooses not to renew the agricultural protection area's designation; or

(b) The landowner chooses to remove land from an agricultural protection area pursuant to section 67-9709, Idaho Code.

History:

[67-9704, added 2024, ch. 215, sec. 1, p. 763; am. 2025, ch. 241, sec. 1, p. 1088.]
Idaho Code § 67-2020 — Idaho Code / Title 67 / Chapter 20 / Section 67-2020
67-2020 ROTARY EXPENSE ACCOUNT — ALLOWANCE.
Status: in_force

67-2020. Rotary expense account — Allowance. The requisition of the head of any department, board or institution or the disbursing officer thereof requesting a revolving account shall be acted upon by the board of examiners in the same manner as a claim against the state and, if allowed, shall be regarded as an advance for current cash items, and not for any kind of salary or wage advance. It shall be allowed only in case an appropriation has been made by law for the specific expenditures intended to be paid out of the account. The amount of the revolving account shall be charged by the state controller against the officer making the requisition who may, if the board deems necessary, be required to give a bond in addition to his official bond, in such sum as the board may fix, to secure the repayment of such account.

History:

[(67-2020) 1919, ch. 39, sec. 2, p. 138; C.S., sec. 244; I.C.A., sec. 65-2019; am. 1976, ch. 42, sec. 35, p. 109; am. 1994, ch. 180, sec. 192, p. 543.]
Idaho Code § 67-5605 — Idaho Code / Title 67 / Chapter 56 / Section 67-5605
67-5605 DUTIES OF COMMISSION.
Status: in_force

67-5605. Duties of commission. The duties of the commission shall be:

(1) To stimulate and encourage throughout the state the study and presentation of the arts and public interest and participation therein;

(2) To make such surveys as may be deemed advisable of public and private institutions engaged within the state in artistic and cultural activities, including but not limited to, music, theatre, dance, creative writing, painting, sculpture, architecture, and folk and traditional arts and crafts, and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state;

(3) To take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of our state and to expand the state's cultural resources;

(4) To encourage and assist freedom of artistic expression essential for the well-being of the arts;

(5) To establish such rules in compliance with chapter 52, title 67, Idaho Code, as may be necessary to discharge the duties of the commission.

History:

[67-5605, added 1967, ch. 48, sec. 5, p. 90; am. 2004, ch. 231, sec. 4, p. 678.]
Idaho Code § 67-5761B — Idaho Code / Title 67 / Chapter 57 / Section 67-5761B
67-5761B STATE CONTRIBUTION TO STATE EMPLOYEE HEALTH SAVINGS ACCOUNTS.
Status: in_force

67-5761B. state contribution to state employee Health savings accounts. (1) All state officers or employees may, for themselves and their eligible dependents, create and maintain a health savings account and choose a high deductible health plan in accordance with the provisions of this section.

(2) As used in this section:

(a) "Employer premium" means the costs to the state of Idaho for a policy of group insurance procured by the department of administration.

(b) "Health savings account" means an account at a financial institution that is designed to help individuals save for future health care expenses pursuant to 26 U.S.C. section 223.

(c) "High deductible health plan" means a health plan qualifying for use with a health savings account pursuant to 26 U.S.C. section 223, and offered by the department of administration to eligible state officers and employees.

(3) State officers or employees who choose a high deductible health plan for themselves and their eligible dependents shall qualify for the deposits provided for in subsection (4) of this section. Such officers or employees shall establish and create a health savings account and provide information concerning such account to their employer.

(4) For each pay period, the employer shall deposit no more than the difference between the employer premium for a state of Idaho high deductible health plan and the employer premium of the lowest deductible group health plan offered by the department of administration in the health savings account established and created by an officer or employee enrolled in a state of Idaho high deductible health plan. Deposits made pursuant to this subsection shall not exceed the United States internal revenue service's maximum allowable contribution to a health savings account.

(5) Nothing in this section shall prohibit state officers or employees with a health savings account from contributing to such account of their own accord.

(6) The department of administration may promulgate rules to implement the provisions of this section.

History:

[67-5761B, added 2013, ch. 213, sec. 2, p. 502; am. 2022, ch. 57, sec. 1, p. 179.]
Idaho Code § 67-2807 — Idaho Code / Title 67 / Chapter 28 / Section 67-2807
67-2807 COOPERATIVE PURCHASING.
Status: in_force

67-2807. cooperative purchasing. With the approval of its governing board, a political subdivision may participate in cooperative purchasing agreements with the state of Idaho, other Idaho political subdivisions, other government entities, or associations thereof. Political subdivisions may also participate in cooperative purchasing programs established by any association that offers its goods or services as a result of competitive solicitation processes. Goods or services procured by participation in such cooperative agreements or programs shall be deemed to have been acquired in accordance with the requirements of this chapter.

History:

[67-2807, added 2019, ch. 67, sec. 2, p. 161.]
Idaho Code § 67-4244 — Idaho Code / Title 67 / Chapter 42 / Section 67-4244
67-4244 APPROPRIATION — USE OF INCOME.
Status: in_force

67-4244. Appropriation — Use of income. The legislature may authorize an appropriation of moneys in the park lands account, which is hereby created in the agency asset fund of the state treasurer, for the purposes of this chapter. Income from the sale or management of property in the park land trust shall be returned as a recovered expense to the park land account and may be used to acquire property under section 67-4224, Idaho Code. All interest earned on idle moneys in the park land account shall accrue to that account.

History:

[67-4244, added 1989, ch. 386, sec. 5, p. 963.]
Idaho Code § 67-8003 — Idaho Code / Title 67 / Chapter 80 / Section 67-8003
67-8003 PROTECTION OF PRIVATE PROPERTY.
Status: in_force

67-8003. Protection of private property. (1) The attorney general shall establish, by October 1, 1994, an orderly, consistent process, including a checklist, that better enables a state agency or local government to evaluate proposed regulatory or administrative actions to assure that such actions do not result in an unconstitutional taking of private property. The attorney general shall review and update the process at least on an annual basis to maintain consistency with changes in law. All state agencies and local governments shall follow the guidelines of the attorney general.

(2) An owner of private property that is the subject of such action may submit a written request with the clerk or the agency or entity undertaking the regulatory or administrative action. Not more than twenty-eight (28) days after the final decision concerning the matter at issue, a state agency or local governmental entity shall prepare a written taking analysis concerning the action. Any regulatory taking analysis prepared hereto shall comply with the process set forth in this chapter, including use of the checklist developed by the attorney general pursuant to subsection (1) of this section and shall be provided to the private property owner no longer than forty-two (42) days after the date of filing the request with the clerk or secretary of the agency whose action is questioned. A regulatory taking analysis prepared pursuant to this section shall be considered public information.

(3) A governmental action is voidable if a written taking analysis is not prepared after a request has been made pursuant to this chapter. A private property owner, whose property is the subject of governmental action, affected by a governmental action without the preparation of a requested taking analysis as required by this section may seek judicial determination of the validity of the governmental action by initiating a declaratory judgment action or other appropriate legal procedure. A suit seeking to invalidate a governmental action for noncompliance with subsection (2) of this section must be filed in a district court in the county in which the private property owner's affected private property is located. If the affected property is located in more than one (1) county, the private property owner may file suit in any county in which the affected private property is located.

(4) During the preparation of the taking analysis, any time limitation relevant to the regulatory or administrative actions shall be tolled. Such tolling shall cease when the taking analysis has been provided to the property owner. Both the request for a taking analysis and the taking analysis shall be part of the official record regarding the regulatory or administrative action.

(5) A private property owner is not required to submit a request under this chapter. The decision by the private property owner not to submit a request under this chapter shall not prevent or prohibit the private property owner from seeking any legal or equitable remedy including, but not limited to, the payment of just compensation.

History:

[67-8003, added 1994, ch. 116, sec. 1, p. 265; am. 1995, ch. 182, sec. 3, p. 669; am. 2003, ch. 141, sec. 2, p. 409; am. 2016, ch. 225, sec. 1, p. 620.]
Idaho Code § 67-5279 — Idaho Code / Title 67 / Chapter 52 / Section 67-5279
67-5279 SCOPE OF REVIEW — TYPE OF RELIEF.
Status: in_force

67-5279. Scope of review — Type of relief. (1) The court shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact.

(2) When the agency was not required by the provisions of this chapter or by other provisions of law to base its action exclusively on a record, the court shall affirm the agency action unless the court finds that the action was:

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the agency;

(c) Made upon unlawful procedure; or

(d) Arbitrary, capricious, or an abuse of discretion.

If the agency action is not affirmed, it shall be set aside, in whole or in part, and remanded for further proceedings as necessary.

(3) When the agency was required by the provisions of this chapter or by other provisions of law to issue an order, the court shall affirm the agency action unless the court finds that the agency's findings, inferences, conclusions, or decisions are:

(a) In violation of constitutional or statutory provisions;

(b) In excess of the statutory authority of the agency;

(c) Made upon unlawful procedure;

(d) Not supported by substantial evidence on the record as a whole; or

(e) Arbitrary, capricious, or an abuse of discretion.

If the agency action is not affirmed, it shall be set aside, in whole or in part, and remanded for further proceedings as necessary.

(4) Notwithstanding the provisions of subsections (2) and (3) of this section, agency action shall be affirmed unless substantial rights of the appellant have been prejudiced.

(5) When interpreting the provisions of any state law, this chapter, or any rule, as defined in section 67-5201, Idaho Code, the court shall not defer to an agency's interpretation of the law or rule and shall interpret its meaning and effect de novo. In an action brought by or against an agency, after applying all customary tools of interpretation, the court shall exercise any remaining doubt in favor of a reasonable interpretation that limits agency power and maximizes individual liberty.

History:

[67-5279, added 1992, ch. 263, sec. 51, p. 814; am. 2024, ch. 235, sec. 1, p. 818.]
Idaho Code § 67-503 — Idaho Code / Title 67 / Chapter 5 / Section 67-503
67-503 PASSAGE OF BILLS OVER VETO — AUTHENTICATION.
Status: in_force

67-503. Passage of bills over veto — Authentication. When a bill has passed both houses of the legislature, and is returned by the governor without his signature and with objections thereto, and upon a reconsideration passes both houses by a two-thirds (2/3) vote, it must be authenticated as having become a law by a certificate indorsed thereon, or attached thereto, in the following form:

"This bill having been returned by the governor with his objections thereto, and after reconsideration having passed both houses, by a two-thirds vote, it has become a law this …. day of …., ….," which indorsement, signed by the president of the senate and speaker of the house, is a sufficient authentication thereof. Such bill must then be deposited with the laws, in the office of the secretary of state.

History:

[(67-503) R.S., sec. 152; am. R.C., sec. 65; reen. C.L., sec. 65; C.S., sec. 106; I.C.A., sec. 65-503.]
Idaho Code § 67-4609 — Idaho Code / Title 67 / Chapter 46 / Section 67-4609
67-4609 CHANGE IN USE.
Status: in_force

67-4609. Change in use. No change in the use of any structure of property within a designated historic district shall be permitted until after an application for a certificate of appropriateness has been submitted to and approved by the historic preservation commission. The county or city shall require such a certificate to be issued by the commission prior to the approval of any change of zoning classification within the historic district.

History:

[67-4609, added I.C., sec. 67-4609, as added by 1975, ch. 142, sec. 2, p. 324.]
Idaho Code § 67-7435 — Idaho Code / Title 67 / Chapter 74 / Section 67-7435
67-7435 REIMBURSEMENTS FOR GOVERNMENT SERVICES.
Status: in_force

67-7435. Reimbursements for government services. It is the intent that the lottery shall be a self-supporting agency of state government. The director shall reimburse at a reasonable rate all other governmental entities for any and all services necessary to effectuate the purposes of this chapter provided by such governmental entities to the state lottery.

History:

[67-7435, added 1988, ch. 232, sec. 2, p. 457; am. 1989, ch. 352, sec. 19, p. 890.]
Idaho Code § 67-5291 — Idaho Code / Title 67 / Chapter 52 / Section 67-5291
67-5291 LEGISLATIVE REVIEW OF RULES.
Status: in_force

67-5291. LEGISLATIVE REVIEW OF RULES. (1) A standing committee of the legislature shall review any temporary, pending, or final rule that is germane to its committee and has been published in the bulletin or in the administrative code to determine if the rule is consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement, or enforce. If a reviewed rule is approved, the standing committee that approves the rule shall report its findings and recommendations to the body. If ordered by the presiding officer, the committee's report shall be printed in the journal.

(2)(a) All temporary, pending, and final rules of any nature may be approved or rejected by a concurrent resolution of the legislature. The concurrent resolution shall state the effective date of the approval or rejection.

(b) The legislature may reject a rule, in whole or in part, where the legislature determines that the rule, or part of the rule, is not consistent with the legislative intent of the statute that the rule was written to interpret, prescribe, implement, or enforce. When rejecting a rule, the legislature shall make a finding of facts as to why the rule does not meet the legislative intent of the enabling statute by identifying how the rule is inconsistent with the authority granted by or the requirements of the corresponding section of Idaho Code. For purposes of this section, "part of the rule" means a provision in a rule that is designated either numerically or alphabetically or the entirety of any new or amended language contained therein. The rejection of a rule in whole or in part shall terminate the rule, in whole or in part, as of the effective date of the rejection. An agency shall not, subsequent to the rejection, issue a proposed rule that is substantially similar to the rejected rule unless it is consistent with the legislative intent of the statute as expressed in the concurrent resolution.

(c) The secretary of state shall immediately notify the affected agency of the filing and effective date of any concurrent resolution enacted to approve or reject, in whole or in part, an agency rule. When an agency rule has been partially rejected, the secretary of state shall transmit a copy of the concurrent resolution to the director of the agency for promulgation of the rule as amended.

(d) The agency shall be responsible for implementing legislative intent as expressed in the concurrent resolution, including, as appropriate, the reinstatement of the prior rule in whole or in part, if any, in the case of a resolution rejecting a rule in whole or in part. The agency shall publish notice of rejection of a rule in whole or in part in the bulletin.

(3) A temporary rule that is not approved by a concurrent resolution shall expire by its own terms or at adjournment sine die of the next succeeding regular session of the legislature, whichever date is earlier.

(4) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, a pending fee rule that is not approved by a concurrent resolution shall expire upon adjournment sine die of the legislative session during which the agency submits the pending fee rule to the legislature for review.

(5) Except as set forth in sections 67-5226 and 67-5228, Idaho Code, a pending non-fee rule that is not approved by a concurrent resolution shall expire upon adjournment sine die of the legislative session during which the agency submits the pending rule to the legislature for review.

(6) On and after January 1, 2024, pending fee and non-fee rules shall become effective on July 1 in the year of the legislative session in which the rule was approved by concurrent resolution unless otherwise specified in the concurrent resolution.

History:

[67-5291, added 2023, ch. 314, sec. 7, p. 962; am. 2024, ch. 308, sec. 2, p. 1033.]
Idaho Code § 67-4614 — Idaho Code / Title 67 / Chapter 46 / Section 67-4614
67-4614 DESIGNATION AS HISTORIC PROPERTY.
Status: in_force

67-4614. Designation as historic property. The local governing body of any county or city may adopt an ordinance designating one (1) or more historic properties on the following criteria: historical, architectural, archeological and cultural significance; suitability for preservation or restoration; educational value; cost of acquisition, restoration, maintenance, operation or repair; possibilities for adaptive or alternative use of the property; appraised value; and the administrative and financial responsibility of any person or organization willing to underwrite all or a portion of such costs. In order for any historic property to be designated in the ordinance, it must in addition meet the criteria established for inclusion of the property in the national register of historic places. For each designated historic property, the ordinance shall require that the waiting period set forth in section 67-4615, Idaho Code, be observed prior to its demolition, material alteration, remodeling or removal. The ordinance shall also provide for a suitable sign or marker on or near the property indicating that the property has been so designated; provided however, that nothing in this chapter shall authorize or be construed to allow the designation, regulation, conditioning or restriction by ordinance or other means of any property or facility owned by the state of Idaho.

History:

[67-4614, added I.C., sec. 67-4614, as added by 1975, ch. 142, sec. 2, p. 324; am. 2001, ch. 259, sec. 5, p. 934.]
Idaho Code § 67-5769 — Idaho Code / Title 67 / Chapter 57 / Section 67-5769
67-5769 INTER-DEPARTMENTAL TRANSACTIONS — ADMINISTRATIVE CONTRIBUTION — AMOUNTS — LIMITS — REFUNDS — APPROPRIATION.
Status: in_force

67-5769. Inter-departmental transactions — Administrative contribution — Amounts — Limits — Refunds — Appropriation. (1) The director of the department of administration shall charge each office, department, division, board, commission, institution, agency and operation, personnel of which is currently covered under one or more group plans administered by the director, and receive payment in advance for its properly apportioned share of the cost thereof. To the amount otherwise so found due for payment of premiums and prepayments for coverages, the director shall add a separately stated administrative contribution of such percentage, rate, or proportionate amount as may reasonably be required to pay the costs of maintaining the office of group insurance, including personnel costs, operating expenditures, and expenditures for capital outlay items. The director shall allocate the apportioned share of the reasonable costs of administering this act to each participating state unit in the same proportion that the amount of employees of the unit, excluding temporary or part time, bears to the total number of employees, excluding temporary or part time, of all combined units covered by this act.

(2) As to a particular office, department, division, board, commission, institution, agency or operation, such charges and payments shall not exceed the sum of (a) appropriated funds currently available for the purpose, and (b) amounts currently deducted from the salaries and other compensation of covered personnel specifically for the insurance or coverage. On or before the first day of August of each year, the director shall furnish each department with an estimate of the cost of insurance or coverage for the upcoming fiscal year.

(3) Refunds on premiums or prepayments, profit sharing, experience savings and refunds and other contract returns received by the director on account of group policies and group contracts shall be retained by the director and used for application upon future premiums and prepayments as equitably apportioned by the director.

(4) Moneys received by the director under this section shall be deposited to the credit of the group insurance account in the agency asset fund, and are hereby continually appropriated for the uses for which charged and received, or as stated in subsection (3) of this section. Pending such use, such surplus moneys shall be invested by the state treasurer in the same manner as provided for under section 67-1210, Idaho Code, with respect to other idle moneys in the state treasury. All interest or other yield on such investments shall be credited to the respective group insurance account.

History:

[(67-5769) 1974, ch. 253, sec. 6, p. 1656; am. 1975, ch. 55, sec. 1, p. 117; am. and redesig. 1980, ch. 106, sec. 18, p. 238; am. 1993, ch. 221, sec. 12, p. 753.]
Idaho Code § 67-7444 — Idaho Code / Title 67 / Chapter 74 / Section 67-7444
67-7444 LIMITATION ON ACTIONS.
Status: in_force

67-7444. Limitation on actions. The commission, the director and employees of the lottery shall not be personally liable for anything done or omitted to be done in good faith in the exercise or purported exercise of powers conferred under this chapter.

History:

[67-7444, added 1988, ch. 232, sec. 2, p. 460.]
Idaho Code § 67-5275 — Idaho Code / Title 67 / Chapter 52 / Section 67-5275
67-5275 AGENCY RECORD FOR JUDICIAL REVIEW.
Status: in_force

67-5275. Agency record for judicial review. (1) Within forty-two (42) days after the service of the petition, or within further time allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the agency record. The agency record shall consist of:

(a) the record compiled under section 67-5225, Idaho Code, when the agency action was a rule;

(b) the record compiled under section 67-5249, Idaho Code, when the agency action was an order; or

(c) any agency documents expressing the agency action when the agency action was neither an order nor a rule.

(2) By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs.

(3) The court may require corrections to the record.

History:

[67-5275, added 1992, ch. 263, sec. 47, p. 813.]
Idaho Code § 67-2726 — Idaho Code / Title 67 / Chapter 27 / Section 67-2726
67-2726 BANKS TO WHICH OFFICIALS SECRETLY INDEBTED INELIGIBLE.
Status: in_force

67-2726. Banks to which officials secretly indebted ineligible. No bank is eligible to become or remain a state depository, to which the state treasurer, state controller, or the chief deputy of either of them is directly indebted, unless the fact of such indebtedness is made known to the department of finance, but the amount and character of such indebtedness shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and said department of finance shall treat such information in strict confidence. Any member of the department violating this provision shall be guilty of a misdemeanor, and punished therefor as provided by law.

In case of a violation by a state depository of this provision, the department of finance shall immediately cause all funds therein to be withdrawn and such bank shall be ineligible again to become a state depository during the incumbency of the official so indebted to said bank.

History:

[(67-2726) R.C., sec. 128a, added 1915, ch. 168, sec. 4, p. 380; reen. C.L. 13:7; C.S., sec. 307; I.C.A., sec. 65-2624; am. 1980, ch. 84, sec. 4, p. 186; am. 1990, ch. 213, sec. 93, p. 554; am. 1994, ch. 180, sec. 201, p. 547.; am. 2015, ch. 141, sec. 168, p. 513.]
Idaho Code § 67-1901 — Idaho Code / Title 67 / Chapter 19 / Section 67-1901
67-1901 PURPOSES.
Status: in_force

67-1901. Purposes. The purposes of sections 67-1901 through 67-1905, Idaho Code, are to generate state agency planning and performance information that can be used to:

(1) Improve state agency accountability to state citizens and lawmakers;

(2) Increase the ability of the legislature to assess and oversee agency performance;

(3) Assist lawmakers with policy and budget decisions; and

(4) Increase the ability of state agencies to improve agency management and service delivery and assess program effectiveness.

History:

[67-1901, added 2005, ch. 339, sec. 2, p. 1057.]
Idaho Code § 67-5906 — Idaho Code / Title 67 / Chapter 59 / Section 67-5906
67-5906 POWERS AND DUTIES OF COMMISSION.
Status: in_force

67-5906. Powers and duties of commission. The Idaho commission on human rights shall have the following powers and duties:

(1) To investigate complaints of alleged violation of this act and act upon its findings pursuant to the provisions contained in this chapter;

(2) To make bylaws for its own government and procedure not inconsistent with the laws of this state;

(3) To maintain an office in Ada county and other offices within the state as it may deem necessary;

(4) To meet and exercise its powers at any place within the state;

(5) To appear in court and before other administrative bodies;

(6) To cooperate or contract with individuals and state, local and other agencies, both public and private, including agencies of the federal government and of other states;

(7) To accept public grants or private gifts, bequests, or other payments;

(8) To receive and act on complaints;

(9) To furnish technical assistance requested by persons subject to this act to further compliance with the act or an order issued thereunder;

(10) To make studies appropriate to effectuate the purposes and policies of this act and to make the results thereof available to the public;

(11) To render at least annually a comprehensive written report to the governor and to the legislature. The report may contain recommendations of the commission for legislative or other action to effectuate the purposes and policies of this act.

(12) In accordance with chapter 52, title 67, Idaho Code, to adopt, promulgate, amend and rescind rules to effectuate the purposes and policies of this act, including rules requiring the posting or inclusion in advertising material of notices prepared or approved by the commission.

History:

[67-5906, added 1969, ch. 459, sec. 6, p. 1277; am. 1976, ch. 342, sec. 3, p. 1142; am. 1980, ch. 97, sec. 1, p. 214; am. 2001, ch. 183, sec. 36, p. 641.]
Idaho Code § 67-5249 — Idaho Code / Title 67 / Chapter 52 / Section 67-5249
67-5249 AGENCY RECORD.
Status: in_force

67-5249. Agency record. (1) A presiding officer shall ensure that a hearing record is created that complies with the provisions of this section.

(2) An agency shall maintain an official record of each contested case under this chapter for a period of not less than six (6) months after the expiration of the last date for judicial review, unless otherwise provided by law.

(3) The record shall include:

(a) The recording of the hearing;

(b) All notices of the hearing and other conferences conducted by the presiding officer;

(c) All prehearing orders;

(d) All motions, pleadings, briefs, petitions, requests, and intermediate rulings;

(e) All evidence received or considered;

(f) A statement of all matters officially noticed and any related notices;

(g) All offers of proof and objections and rulings thereon;

(h) All proposed findings and requested orders;

(i) Any transcript of the hearing, if prepared;

(j) Staff memoranda or data submitted to the presiding officer or the agency head in connection with the consideration of the proceeding;

(k) Any recommended order, preliminary order, final order, or order on reconsideration; and

(l) All matters placed on the record after an ex parte communication pursuant to section 67-5253, Idaho Code.

(4) Except to the extent that this chapter or another statute provides otherwise, the agency record constitutes the exclusive basis for agency action in contested cases under this chapter or for judicial review thereof.

History:

[67-5249, added 1992, ch. 263, sec. 34, p. 807; am. 2025, ch. 151, sec. 16, p. 748.]
Idaho Code § 67-7418 — Idaho Code / Title 67 / Chapter 74 / Section 67-7418
67-7418 LOTTERY GAME RETAILER ACCOUNTING.
Status: in_force

67-7418. Lottery game retailer accounting. Under rules and regulations adopted by the commission, the director shall establish procedures which shall be utilized by lottery game retailers to account for all tickets or shares that are sold to the public by each lottery game retailer and to account for all funds received from the public by each lottery game retailer for the tickets or shares.

History:

[67-7418, added 1988, ch. 232, sec. 2, p. 453; am. 1989, ch. 352, sec. 7, p. 886.]
Idaho Code § 67-2806 — Idaho Code / Title 67 / Chapter 28 / Section 67-2806
67-2806 PROCURING SERVICES OR PERSONAL PROPERTY.
Status: in_force

67-2806. Procuring services or personal property. (1) When a political subdivision contemplates an expenditure to purchase or lease personal property or to procure services, other than personal property or services excluded pursuant to section 67-2803, Idaho Code, valued at or in excess of one hundred thousand dollars ($100,000) but not to exceed two hundred fifty thousand dollars ($250,000), the procurement procedures of this subsection shall apply.

(a) The solicitation for bids shall be supplied to no fewer than three (3) vendors by written means, either by electronic or physical delivery. The solicitation shall describe the personal property or services to be purchased or leased in sufficient detail to allow a vendor dealing in such goods or services to understand what the political subdivision seeks to procure.

(b) The solicitation for bids shall describe the electronic or physical delivery method or methods authorized to submit a bid, the date and time by which a bid proposal must be received by the clerk, secretary or other authorized official of the political subdivision, and shall provide a reasonable time to respond to the solicitation, provided that except in the event of an emergency, such time shall not be less than three (3) business days.

(c) Written objections to specifications or bid procedures must be received by the clerk, secretary or other authorized official of the political subdivision at least one (1) business day before the date and time upon which bids are scheduled to be received.

(d) When written bids have been received, by either physical or electronic delivery, they shall be compiled and submitted to the governing board or governing board-authorized official which shall approve the responsive bid proposing the lowest procurement price or reject all bids and publish notice for bids, as before.

(e) If the political subdivision finds that it is impractical or impossible to obtain three (3) bids for the proposed procurement, the political subdivision may acquire the property in any manner the political subdivision deems best from a qualified vendor quoting the lowest price. When fewer than three (3) bids are considered, a description of the efforts undertaken to procure at least three (3) bids shall be documented by the political subdivision and such documentation shall be maintained for at least six (6) months after any such procurement is made. If two (2) or more bids are the same and the lowest responsive bids, the authorized decision maker may accept the one (1) it chooses.

(2) When a political subdivision contemplates an expenditure to purchase or lease personal property or to procure services, other than personal property or services excluded pursuant to section 67-2803, Idaho Code, valued in excess of two hundred fifty thousand dollars ($250,000), the procurement procedures of this subsection shall apply.

(a) The purchase or lease shall be made pursuant to an open competitive sealed bid process with the procurement to be made from the qualified bidder submitting the lowest bid price complying with bidding procedures and meeting the specifications for the goods and/or services sought to be procured.

(b) The request for bids shall set a date, time and place for the opening of bids. Two (2) notices soliciting bids shall be published in the official newspaper of the political subdivision. The first notice shall be published at least two (2) weeks before the date for opening bids, with the second notice to be published in the succeeding week at least seven (7) days before the date that bids are scheduled to be opened. The notice shall succinctly describe the personal property and/or service to be procured. Copies of specifications, bid forms, bidder's instructions, contract documents, and general and special instructions shall be made available upon request by any interested bidder.

(c) Written objections to specifications or bidding procedures must be received by the clerk, secretary or other authorized official of the political subdivision at least three (3) business days before the date and time upon which bids are scheduled to be opened.

(d) If the political subdivision deems it is in the political subdivision's best interest, it may require the bidder to provide bid security in an amount equal to at least five percent (5%) of the amount bid. If required, a bid shall not be considered unless one (1) of the forms of bidder's security is enclosed with it, and unless the bid is submitted in a form which substantially complies with the form provided by the political subdivision. The political subdivision may require that the bid security be in one (1) of the following forms:

(i) Cash;

(ii) A cashier's check made payable to the political subdivision;

(iii) A certified check made payable to the political subdivision; or

(iv) A bidder's bond executed by a qualified surety company, made payable to the political subdivision.

(e) Any bid received by the political subdivision may not be withdrawn after the time set in the notice for opening of bids. When sealed bids have been received, they shall be opened in public at a designated place and time, thereafter to be compiled and submitted to the governing board for award or, if a designee is authorized, for approval of the award.

(f) If the successful bidder fails to execute the contract, the amount of his bidder's security may be forfeited to the political subdivision at the sole discretion of the governing board and thereafter the proceeds may be deposited in a designated fund out of which the reasonable expenses for procuring substitute performance are paid.

(g) The political subdivision may, on the refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest qualified bidder. If the governing board awards the contract to the next lowest qualified bidder, the amount of the lowest qualified bidder's security may be applied by the political subdivision to the difference between the lowest responsive bid and the next lowest responsive bid, and the surplus, if any, shall be returned to the lowest bidder if cash or check is used, or to the surety on the bidder's bond if a bond is used, less reasonable administrative costs not to exceed twenty-five percent (25%) of the amount of the bidder's security.

(h) In its discretion, the governing board or its designee may reject all bids presented and re-bid or, after finding it to be a fact, the governing board may pass a resolution declaring that the subject goods or services can be procured more economically on the open market. If two (2) or more bids are the same and the lowest responsive bids, the governing board or its designee may accept the one (1) it chooses. In its discretion, the governing board of a political subdivision may preauthorize the purchase of equipment at a public auction.

(i) If the governing board of any political subdivision chooses to award a competitively bid contract involving the procurement of personal property or services to a bidder other than the apparent low bidder, the political subdivision shall declare its reason or reasons on the record and shall communicate such reason or reasons in writing to all who have submitted a competing bid.

(j) If any participating bidder objects to such award, such bidder shall respond in writing to the notice from the political subdivision within seven (7) calendar days of the date of transmittal of the notice, setting forth in such response the express reason or reasons that the award decision of the governing board is in error. Thereafter, staying performance of any procurement until after addressing the contentions raised by the objecting bidder, the governing board shall review its decision and determine whether to affirm its prior award, modify the award, or choose to re-bid, setting forth its reason or reasons therefor. After completion of the review process, the political subdivision may proceed as it deems to be in the public interest.

History:

[67-2806, added 2005, ch. 213, sec. 37, p. 675; am. 2017, ch. 197, sec. 6, p. 490; am. 2023, ch. 165, sec. 2, p. 445; am. 2025, ch. 133, sec. 3, p. 693.]
Idaho Code § 67-5765 — Idaho Code / Title 67 / Chapter 57 / Section 67-5765
67-5765 GOVERNMENT RETIREMENT PROGRAM OR GROUP INSURANCE PLANS IN EXISTENCE UNAFFECTED.
Status: in_force

67-5765. Government retirement program or group insurance plans in existence unaffected. The provisions of this act shall not affect the validity of any retirement program or contract of group insurance or arrangement for prepayment plan coverage previously entered into by any governmental body, or by any school, college, university, hospital or other institutions operated by any of the municipalities, counties, or other political subdivisions of the state and supported in whole or part by public funds.

History:

[(67-5765) 1959, ch. 216, sec. 3, p. 471; am. and redesig 1980, ch. 106, sec. 14, p. 237.]