Idaho Code § 67-9213 — Idaho Code / Title 67 / Chapter 92 / Section 67-9213
67-9213 CONTRACTS IN VIOLATION OF PROVISIONS OF THE ACT.
Status: in_force

67-9213. contracts in violation of provisions of the act. (1) Prior to award of a contract, if it is determined administratively or in an administrative or judicial review authorized by this chapter that the proposed award of a contract is in violation of this chapter, the solicitation or proposed award shall be canceled or revised to comply with this chapter.

(2) After award of a contract, if it is determined in an administrative or judicial review authorized by this chapter that the award of a contract is in violation of this chapter, the following shall apply:

(a) If the bidder awarded the contract did not act fraudulently or in bad faith:

(i) The contract may be ratified and affirmed by the director upon a declaration of the administrator that immediate delivery of the property is required by public exigencies and that the acquisition of the property satisfies the standards established by the rules of the division of purchasing for an emergency procurement. The ratification shall limit the term of the ratified contract to no more than six (6) months, and any ratification shall be submitted to the board of examiners for approval;

(ii) The contract may be terminated by the director, and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract before termination, plus a reasonable profit. Unless determined by a court, the reasonable profit due to the contractor shall be submitted to the board of examiners for approval; or

(iii) The winning bidder may request return of any goods delivered under the contract that have not been used or distributed to nonstate parties, provided that in the event of a return of goods already paid for, the director may recover the fair market value of the returned goods. The director or the director's designee is authorized to negotiate the return of goods and recovery of payments in the best interests of the state.

(b) If the bidder awarded the contract acted fraudulently or in bad faith:

(i) The contract may be declared void by the director;

(ii) The contract may be ratified and affirmed by the director upon a declaration of the administrator that immediate delivery of the property is required by public exigencies and that the acquisition of the property satisfies the standards established by the rules of the division of purchasing for an emergency procurement. The ratification shall limit the term of the ratified contract to no more than six (6) months, and any ratification shall be submitted to the board of examiners for approval. Ratification shall be without prejudice to the state's right to any damages or remedy it can prove under any theory including, but not limited to, contract or tort; or

(iii) The winning bidder may request return of any goods delivered under the contract that have not been used or distributed to nonstate parties, provided that in the event of a return of goods already paid for, the director may recover the fair market value of the returned goods. The director or the director's designee is authorized to negotiate the return of goods and recovery of payments in the best interests of the state.

(c) Under no circumstances shall a person, including a person challenging a solicitation or an award of a contract or a bidder awarded a contract found in violation of this chapter, be entitled to consequential damages in relation to a solicitation or an award of a contract under this chapter, including consequential damages for lost profits, loss of business opportunities or damage to reputation.

(d) Except where a contract is ratified, in all cases in which a contract is declared void under paragraph (b) of this subsection, the state shall endeavor to return those goods delivered under the contract that have not been used or distributed to nonstate parties. No further payments shall be made under the contract, and the state is entitled to recover the greater of:

(i) The difference between payments made under the contract and the actual expenses reasonably incurred under the contract before the contract was voided;

(ii) The difference between payments under the contract and the value to the state of the property delivered before the contract was voided. The value of the property to the state shall be submitted to the board of examiners for approval; or

(iii) If the state returned goods delivered under the contract, the difference between payments made under the contract and the costs to the contractor of such goods plus the actual expenses reasonably incurred under the contract before the contract was voided.

(e) In all cases in which a contract is declared void under paragraph (b) of this subsection, the state shall be entitled to any damages it can prove under any theory including, but not limited to, contract and tort, regardless of its ratification and affirmation of the contract.

(f) In the event of a refusal or delay when payment under paragraph (d) or (e) of this subsection is demanded by the proper officer of the state of Idaho, under whose authority such contract shall have been made or entered into, every person so refusing or delaying, together with that person's surety or sureties, shall be prosecuted at law for the recovery of such moneys.

(3) If it is determined in administrative or judicial review authorized by this chapter that an award or proposed award of a contract is in violation of this chapter, and an employee or officer of the state acted fraudulently or in bad faith, such employee or officer shall be subject to the provisions of section 67-9233, Idaho Code, and chapters 4 and 5, title 74, Idaho Code, as applicable.

(4) Nothing provided in this section shall limit the application of the provisions of title 18, Idaho Code, or the prosecution of any person under such provisions.

History:

[67-9213, added 2017, ch. 262, sec. 2, p. 653.]
Idaho Code § 67-5224 — Idaho Code / Title 67 / Chapter 52 / Section 67-5224
67-5224 PENDING RULE.
Status: in_force

67-5224. Pending rule. (1) Prior to the adoption of a rule, the agency shall consider fully all written and oral submissions respecting the proposed rule.

(2) Subject to the provisions of subsection (3) of this section, the agency shall publish the text of a pending rule and a notice of adoption of the pending rule in the bulletin. The notice of adoption of the pending rule shall consist of a concise explanatory statement containing:

(a) Reasons for adopting the rule;

(b) Any changes between the text of the proposed rule and the text of the pending rule with the reasons for any changes;

(c) The date on which the pending rule will become final and effective, as provided in section 67-5291(6), Idaho Code, and a statement that the pending rule must be approved by concurrent resolution of the legislature;

(d) An identification of any pending fee rule and a statement that this pending fee rule shall not become final and effective unless affirmatively approved by concurrent resolution of the legislature;

(e) The specific statutory authority for the rulemaking including a citation to the specific section of the Idaho Code that has occasioned the rulemaking, or the federal statute or regulation if that is the basis of authority or requirement for the rulemaking; and

(f) Except as otherwise required in paragraph (g) of this subsection, a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year when the pending rule will become effective; provided however, that notwithstanding section 67-5231, Idaho Code, the absence or accuracy of a fiscal impact statement provided pursuant to this paragraph shall not affect the validity or the enforceability of the rule; or

(g) If a notice of proposed rulemaking of the Idaho state tax commission, a specific description of any negative or positive fiscal impact greater than ten thousand dollars ($10,000) during the fiscal year when the pending rule will become effective; provided however, notwithstanding section 67-5231, Idaho Code, the absence or accuracy of a fiscal impact statement provided pursuant to this paragraph shall not affect the validity or the enforceability of the rule.

(3) With the permission of the coordinator, the agency need not publish in full the text of the pending rule if no significant changes have been made from the text of the proposed rule as published in the bulletin, but the notice of adoption of the pending rule must cite the volume of the bulletin where the text is available and note all changes that have been made.

(4) An agency shall not publish a pending rule until at least seven (7) days after the close of all public comment.

(5) Each agency shall provide the coordinator with a description of any pending fee rule, along with a citation of the specific statute authorizing the imposition or increase of the fee or charge. The coordinator shall provide the legislature with a compilation of the descriptions provided by the agencies.

(6) Upon adjournment sine die of the legislature or as soon thereafter as is practicable, the coordinator shall publish the date of adjournment and the date rules became effective and a list of final rules becoming effective on a different date, as provided in section 67-5291, Idaho Code, and temporary rules remaining in effect as provided in section 67-5291, Idaho Code.

History:

[67-5224, added 1992, ch. 263, sec. 14, p. 798; am. 1995, ch. 196, sec. 1, p. 686; am. 1996, ch. 161, sec. 6, p. 535; am. 1999, ch. 20, sec. 1, p. 28; am. 2005, ch. 220, sec. 1, p. 696; am. 2013, ch. 284, sec. 2, p. 733; am. 2014, ch. 191, sec. 1, p. 515; am. 2023, ch. 314, sec. 4, p. 960; am. 2024, ch. 308, sec. 1, p. 1032.]
Idaho Code § 67-429D — Idaho Code / Title 67 / Chapter 4 / Section 67-429D
67-429D AUDIT OF LEGISLATIVE DEPARTMENT.
Status: in_force

67-429D. Audit of legislative department. Beginning with the two (2) year period of fiscal years 2013 and 2014 and for each succeeding biennium, the council shall engage the services of a certified public accountant to audit the fiscal affairs of the legislative department. Expenditures for such audit shall be paid out of the legislative account.

History:

[67-429D, added 2013, ch. 212, sec. 2, p. 501.]
Idaho Code § 67-4715 — Idaho Code / Title 67 / Chapter 47 / Section 67-4715
67-4715 DUTIES AND POWERS OF THE COUNCIL.
Status: in_force

67-4715. Duties and powers of the council. (1) Consistent with the general purposes of this chapter, the council shall advise the department upon the establishment of policies to be followed in the accomplishments of the purposes of this act.

(2) In the administration of this act, the council shall have the following duties, authorities and powers:

(a) To review and recommend acceptance or denial of local grant requests submitted by nonprofit groups or organizations, for uses consistent with the purposes of this act. Such power shall include the right to approve disbursal of the department moneys to such nonprofit groups under the grant program created by section 67-4717, Idaho Code.

(b) To counsel and advise the department on matters concerning the promotion and marketing of Idaho tourism, including, but not limited to the following: (1) the type of promotion, (2) the media source of promotion, (3) market areas for promotion and (4) areas for travel and industry emphasis.

(c) To encourage and assist in the coordination of the activities of persons, firms, associations, corporations, civic groups and governmental agencies engaged in publicizing, developing and promoting the scenic attractions and tourist advantages of the state.

(d) To recommend such action as the council deems necessary and advisable in order to stabilize and promote the travel industry of the state so as to benefit the health and welfare of the public.

(e) To cooperate with any local, state, or national organization or agency, whether voluntary or created by the law of any state or by federal legislation, engaged in activities similar to the work of the council. The council may, through the department, enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and publicity.

(f) To adopt, rescind, modify and amend all necessary and proper orders, resolutions and regulations for the procedure and exercise of its powers and the performance of duties.

(g) To keep books, records and accounts of all its activities, which books, records and accounts shall be open to inspection and audit. Such books shall also be open to the public.

(h) To report annually its activities and expenditures to the economic advisory council created by section 67-4704, Idaho Code.

History:

[67-4715, added 1981, ch. 216, sec. 2, p. 402; am. 1985, ch. 160, sec. 15, p. 434; am. 2005, ch. 13, sec. 4, p. 40.]
Idaho Code § 67-1206 — Idaho Code / Title 67 / Chapter 12 / Section 67-1206
67-1206 TRANSFERS OF BALANCES IN FUNDS.
Status: in_force

67-1206. Transfers of balances in funds. Whenever there shall be or remain in any special or temporary fund created or established by or under any law of the state of Idaho, a surplus or unexpended and unencumbered balance after the purpose or purposes for which such special or temporary fund was provided shall have been fully accomplished, the state controller shall transfer any such balance to the general fund of the state: provided, that where such balance shall consist, in whole or in part, of the proceeds of any bonds then outstanding, the same shall be transferred to the sinking fund provided for the redemption of such bonds.

History:

[(67-1206) 1905, p. 219, sec. 1; reen. R.C. & C.L., sec. 120; C.S., sec. 162; am. 1921, ch. 127, sec. 1, p. 311; I.C.A., sec. 65-1106; am. 1994, ch. 180, sec. 176, p. 537.]
Idaho Code § 67-2513 — Idaho Code / Title 67 / Chapter 25 / Section 67-2513
67-2513 DEPARTMENTS SUCCESSORS TO ABOLISHED OFFICES.
Status: in_force

67-2513. Departments successors to abolished offices. Whenever rights, powers and duties, which have heretofore been vested in or exercised by any officer, board, commission, institution or department, or any deputy, inspector or subordinate officer thereof, are, by this act, transferred, either in whole or in part, to or vested in a department created by this act, such rights, powers and duties shall be vested in, and shall be exercised by, the department to which the same are hereby transferred, and not otherwise, and every act done in the exercise of such rights, powers and duties shall have the same legal effect as if done by the former officer, board, commission, institution or department, or any deputy, inspector or subordinate officer thereof. Every person shall be subject to the same obligations and duties and shall have the same rights arising from the exercise of such rights, powers and duties as if such rights, powers and duties were exercised by the officer, board, commission, department or institution, or deputy, inspector or subordinate thereof, designated in the respective laws which are to be administered by departments created by this act. Every person shall be subject to the same penalty or penalties, civil or criminal, for failure to perform any such obligation or duty, or for doing a prohibited act, as if such obligation or duty arose from, or such act were prohibited in, the exercise of such right, power or duty by the officer, board, commission, or institution, or deputy, inspector or subordinate thereof, designated in the respective laws which are to be administered by departments created by this chapter. Every officer and employee shall, for any offense, be subject to the same penalty or penalties, civil or criminal, as are prescribed by existing law for the same offense by any officer or employee whose powers or duties devolved upon him under this act. All books, records, papers, documents, property, real and personal, unexpended appropriations, and pending business in any way pertaining to the rights, powers and duties so transferred to or vested in a department created by this act, shall be delivered and transferred to the department succeeding to such rights, powers and duties.

Whenever reports or notices are now required to be made or given, or papers or documents furnished or served by any person to or upon any officer, board, commission, or institution, or deputy, inspector or subordinate thereof, abolished by this act, the same shall be made, given, furnished, or served in the same manner to or upon the department upon which are devolved by this act the rights, powers and duties now exercised or discharged by such officer, board, commission or institution, or deputy, inspector or subordinate thereof; and every penalty for failure so to do shall continue in effect.

This act shall not affect any act done, ratified or confirmed, or any right accrued or established, or any action or proceeding had or commenced in a civil or criminal cause before this act takes effect; but such actions or proceedings may be prosecuted and continued by the department having jurisdiction, under this act, of the subject-matter to which such litigation or proceeding pertains.

History:

[(67-2513) 1919, ch. 8, sec. 25, p. 43; C.S., sec. 275; I.C.A., sec. 65-2413.]
Idaho Code § 67-5743 — Idaho Code / Title 67 / Chapter 57 / Section 67-5743
67-5743 TRANSFER CHARGES.
Status: in_force

67-5743. Transfer charges. The administrator of the division of purchasing is hereby authorized to make charges and to assess fees from the recipient of any surplus property acquired and distributed under this act. Any charges made or fees assessed by the administrator for the acquisition, warehousing, distribution, or transfer of any property of the United States of America for educational, public health or civil defense purposes, including research, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution or transfer by the surplus property agency and, in the case of real property, such charges and fees shall be limited to the reasonable administrative costs of the division incurred in effecting transfer.

History:

[67-5743, added I.C., sec. 67-5743, as added by 1974, ch. 34, sec. 2, p. 988.]
Idaho Code § 67-4733 — Idaho Code / Title 67 / Chapter 47 / Section 67-4733
67-4733 DIRECTOR RULEMAKING AUTHORITY.
Status: in_force

67-4733. DIRECTOR RULEMAKING AUTHORITY. The director shall promulgate rules pursuant to chapter 52, title 67, Idaho Code, in the furtherance of the objectives of this act.

History:

[67-4733, added 2013, ch. 106, sec. 1, p. 249.]
Idaho Code § 67-7436 — Idaho Code / Title 67 / Chapter 74 / Section 67-7436
67-7436 AUDITS.
Status: in_force

67-7436. Audits. A certified public accounting firm appointed by the commission shall conduct audits of all accounts and transactions of the state lottery. The director and his agents conducting an audit under this chapter shall have access and authority to examine any and all lottery-related records of lottery vendors and retailers. Such records shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[67-7436, added 1988, ch. 232, sec. 2, p. 457; am. 1989, ch. 352, sec. 20, p. 890; am. 1990, ch. 213, sec. 100, p. 559; am. 2011, ch. 141, sec. 5, p. 401; am. 2015, ch. 141, sec. 185, p. 527.]
Idaho Code § 67-8201 — Idaho Code / Title 67 / Chapter 82 / Section 67-8201
67-8201 SHORT TITLE.
Status: in_force

67-8201. Short title. This chapter shall be known and may be cited as the "Idaho Development Impact Fee Act."

History:

[67-8201, added 1992, ch. 282, sec. 1, p. 861.]
Idaho Code § 67-6502 — Idaho Code / Title 67 / Chapter 65 / Section 67-6502
67-6502 PURPOSE.
Status: in_force

67-6502. Purpose. The purpose of this act shall be to promote the health, safety and general welfare of the people of the state of Idaho as follows:

(a) To protect property rights while making accommodations for other necessary types of development such as low-cost housing and mobile home parks.

(b) To ensure that adequate public facilities and services are provided to the people at reasonable cost.

(c) To ensure that the economy of the state and localities is protected.

(d) To ensure that the important environmental features of the state and localities are protected.

(e) To encourage the protection of prime agricultural, forestry and mining lands and land uses for production of food, fiber and minerals, as well as the economic benefits they provide to the community.

(f) To encourage urban and urban-type development within incorporated cities.

(g) To avoid undue concentration of population and overcrowding of land.

(h) To ensure that the development on land is commensurate with the physical characteristics of the land.

(i) To protect life and property in areas subject to natural hazards and disasters.

(j) To protect fish, wildlife and recreation resources.

(k) To avoid undue water and air pollution.

(l) To allow local school districts to participate in the community planning and development process so as to address public school needs and impacts on an ongoing basis.

(m) To protect public airports as essential community facilities that provide safe transportation alternatives and contribute to the economy of the state.

History:

[67-6502, added 1975, ch. 188, sec. 2, p. 515; am. 1992, ch. 269, sec. 1, p. 831; am. 1994, ch. 245, sec. 1, p. 764; am. 1999, ch. 396, sec. 2, p. 1100; am. 2011, ch. 89, sec. 1, p. 192; am. 2014, ch. 93, sec. 3, p. 254.]
Idaho Code § 67-9005 — Idaho Code / Title 67 / Chapter 90 / Section 67-9005
67-9005 RESPONSIBILITIES.
Status: in_force

67-9005. Responsibilities. [EFFECTIVE UNTIL JANUARY 1, 2027] In accordance with the mission of the national rural development partnership in bringing together partners from all levels of government as well as private for-profit and nonprofit organizations to address the needs of rural America, the partnership's responsibilities shall be to:

(1) Assess community and economic conditions of rural Idaho;

(2) Advise the governor and the legislature on public policy and strategies to identify the community and economic development opportunities in rural Idaho;

(3) Act as a clearinghouse of information and as a referral center on rural programs and policies;

(4) Conduct outreach to rural communities and facilitate communication between rural residents and public and private organizations that provide services to rural communities;

(5) Identify organizations, authorities and resources to address various aspects of rural development;

(6) Serve as a nonpartisan forum for identifying and understanding rural issues from all perspectives;

(7) Improve intergovernmental coordination and private and public cooperation, and seek out opportunities for new partnerships to achieve rural development goals within existing governmental and community structures;

(8) Foster coordinated approaches to rural development that support local initiatives, with an imperative not to usurp the individual missions of any member organizations or duplicate effort;

(9) Seek solutions to unnecessary impediments to rural development within Idaho;

(10) Work cooperatively and seek solutions to impediments with the national rural development partnership and other state rural development councils; and

(11) Submit an annual report to the governor outlining the work and accomplishments of the partnership.

History:

[67-9005, added 2007, ch. 238, sec. 1, p. 704; am. 2016, ch. 90, sec. 2, p. 279; am. 2024, ch. 202, sec. 3, p. 718.]
Idaho Code § 67-4006 — Idaho Code / Title 67 / Chapter 40 / Section 67-4006
67-4006 GOVERNMENTS TO COOPERATE.
Status: in_force

67-4006. Governments to cooperate. The tribal governments and the state government together with its political subdivisions shall cooperate to provide relevant information and assistance on any matters requested by the council and shall share the burden of operational expenses and staffing. Staffing and other costs incurred by the council shall be paid one-half (1/2) by the state government and one-half (1/2) by the tribal governments.

History:

[67-4006, added 1999, ch. 127, sec. 1, p. 369.]
Idaho Code § 67-406 — Idaho Code / Title 67 / Chapter 4 / Section 67-406
67-406 COMPENSATION AND MILEAGE OF MEMBERS OF LEGISLATURE.
Status: in_force

67-406. Compensation and mileage of members of legislature. Each member of the legislature shall receive for his services compensation and expenses in accordance with rates established by the citizens' committee on legislative compensation authorized in section 67-406b, Idaho Code.

History:

[67-406) 1921, ch. 4, sec. 1, p. 6; sec. 65-406; am. 1947, ch. 2, sec. 1, p. 4; am. 2009, ch. 52, sec. 4, p. 136.]
Idaho Code § 67-7132 — Idaho Code / Title 67 / Chapter 71 / Section 67-7132
67-7132 RULES AND REGULATIONS.
Status: in_force

67-7132. Rules and regulations. The board shall adopt and enforce administrative rules and regulations under the provisions of chapter 52, title 67, Idaho Code, as necessary to carry out the provisions of this chapter. Nothing in this chapter shall be construed or interpreted to require the department to validate ownership of OHVs and snowmobiles or to validate or issue certificates of number to be assigned to specifically identifiable OHVs or snowmobiles. The department shall not be required to issue certificates of number to OHVs or snowmobiles by specific reference or to issue by a vehicle identification number, title number, or the like.

History:

[(67-7132) I.C., sec. 49-2615, as added by 1983, ch. 239, sec. 5, p. 644; am. and redesig. 1988, ch. 265, sec. 557, p. 853; am. 2021, ch. 149, sec. 23, p. 414.]
Idaho Code § 67-4503 — Idaho Code / Title 67 / Chapter 45 / Section 67-4503
67-4503 STATE SONG DESIGNATED.
Status: in_force

67-4503. State song designated. The song "Here We Have Idaho," sometimes known as "Our Idaho," the music for which was composed by Sallie Hume Douglas, is hereby designated and declared to be the state song of the state of Idaho; provided that credit is given to McKinley Helm for composing the words of the chorus as follows:

"And here we have Idaho

Winning her way to fame

Silver and gold in the sunlight blaze

And romance lies in her name

Singing, we're singing of you

Ah, proudly too

All our lives thru

We'll go singing, singing of you

Singing of Idaho".

Providing further, that credit is given to Albert J. Tompkins for composing the words of the verses as follows:

First verse–"You've heard of the wonders our land does possess

Its beautiful valleys and hills

The majestic forests where nature abounds

We love every nook and rill."

Second verse–"There's truly one state in this great land of ours

Where ideals can be realized

The pioneers made it so for you and me

A legacy we'll always prize."

History:

[(67-4503) 1931, ch. 105, sec. 1, p. 254; I.C.A., sec. 65-4203; am. 1955, ch. 64, sec. 1, p. 125.]
Idaho Code § 67-2410 — Idaho Code / Title 67 / Chapter 24 / Section 67-2410
67-2410 NO COMPENSATION FOR ADVISORY BOARDS.
Status: in_force

67-2410. No compensation for advisory boards. No member of an advisory and nonexecutive board shall receive any compensation.

History:

[(67-2410) 1919, ch. 8, sec. 10, par. 1, p. 43; C.S., sec. 259; I.C.A., sec. 65-2310.]
Idaho Code § 67-3001 — Idaho Code / Title 67 / Chapter 30 / Section 67-3001
67-3001 DEFINITIONS.
Status: in_force

67-3001. Definitions. As used in this chapter:

(1) "Administration of criminal justice" means performance of any of the following activities: detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage and dissemination of criminal history record information.

(2) "Bureau" means the bureau of criminal identification in the Idaho state police.

(3) "Court" means any court created by the constitution and laws of the state of Idaho; and clerks of the district court.

(4) "Criminal history records" means physical and automated information on individuals collected and maintained by the Idaho state police as a result of arrest or the initiation of a criminal proceeding by felony summons or information. A criminal history record includes, as defined by department rule, any or all of the following information relating to each event that is subject to fingerprinting under section 67-3004, Idaho Code:

(a) Information relating to offenders;

(b) Information relating to arrests;

(c) Information relating to prosecutions;

(d) Information relating to the disposition of cases by courts;

(e) Information relating to sentencing;

(f) Information relating to probation and parole status; and

(g) Information relating to offenders received by a correctional agency, facility or other institution.

The term shall not include statistical or analytical records, reports in which individuals are not identified and from which their identities are not ascertainable, criminal intelligence information or criminal investigative information, and source information or records maintained by and held at another criminal justice agency or the court.

(5) "Criminal justice agency" means a governmental agency or subdivision of a government entity that performs the administration of criminal justice pursuant to a statute, and that allocates a substantial portion of its budget to the administration of criminal justice.

(6) "Department" means the Idaho state police.

(7) "Director" means the director of the Idaho state police.

(8) "Disposition" means the formal or informal conclusion of a criminal proceeding at whatever stage it occurs in the criminal justice system.

(9) "Fingerprints" means the fingerprint impressions submitted to and compiled by the bureau, in a manual or automated form, pursuant to section 67-3004, Idaho Code.

(10) "Pecuniary benefit" means any benefit to a person or member of his household in the form of money, property or commercial interests, the primary significance of which is economic gain.

(11) "Retainable offense" means:

(a) A felony; or

(b) A serious misdemeanor as defined by rule adopted under section 67-3003(2), Idaho Code.

(12) "Subject of record" means the person who is or may be the primary subject of a record of criminal justice information or any representative of the person designated by power of attorney or notarized authorization.

(13) "Working day" means each day except Saturday, Sunday, or a legal state holiday.

History:

[67-3001, added 1999, ch. 249, sec. 2, p. 638; am. 2000, ch. 469, sec. 135, p. 1595.]
Idaho Code § 67-7417 — Idaho Code / Title 67 / Chapter 74 / Section 67-7417
67-7417 LOTTERY GAME RETAILER BONDING.
Status: in_force

67-7417. Lottery game retailer bonding. Under rules and regulations adopted by the commission, the director may require an appropriate bond from any lottery game retailer or may purchase blanket bonds covering the activities of selected lottery game retailers.

History:

[67-7417, added 1988, ch. 232, sec. 2, p. 453; am. 1989, ch. 352, sec. 6, p. 886.]
Idaho Code § 67-4603 — Idaho Code / Title 67 / Chapter 46 / Section 67-4603
67-4603 PRESERVATION COMMISSIONS AUTHORIZED — MEMBERS — APPOINTMENT — TERM — STAFF.
Status: in_force

67-4603. Preservation commissions authorized — Members — Appointment — Term — Staff. The governing body of any county or city is hereby authorized to establish a historic preservation commission hereinafter referred to as "the commission," to preserve, promote, and develop the historical resources of such county or city in accordance with the provisions of this act. The commission shall consist of not less than five (5) and not more than ten (10) members, who shall be appointed by the governing body with due regard to proper representation of such fields as history, architecture, urban planning, archeology and law. All members of the commission shall serve terms not to exceed three (3) years, being eligible for reappointment as shall be specified by the governing body. The commission may employ such qualified staff personnel as it deems necessary.

History:

[67-4603, added I.C., sec. 67-4603, as added by 1975, ch. 142, sec. 2, p. 324.]
Idaho Code § 67-417 — Idaho Code / Title 67 / Chapter 4 / Section 67-417
67-417 STATUS, QUALIFICATIONS AND TERM OF EMERGENCY INTERIM SUCCESSORS.
Status: in_force

67-417. Status, qualifications and term of emergency interim successors. An emergency interim successor is one who is designated for possible temporary succession to the powers and duties, but not the office, of a legislator. No person shall be designated or serve as an emergency interim successor unless he may under the constitution and statutes hold the office of the legislator to whose powers and duties he is designated to succeed. But no constitutional or statutory provision prohibiting a legislator from holding another office or prohibiting the holder of another office from being a legislator shall be applicable to an emergency interim successor. An emergency interim successor shall serve at the pleasure of the legislator designating him or of any subsequent incumbent of the legislative office.

History:

[67-417, added 1961 (E.S.), ch. 4, sec. 5, p. 20.]
Idaho Code § 67-6902 — Idaho Code / Title 67 / Chapter 69 / Section 67-6902
67-6902 DEFINITIONS.
Status: in_force

67-6902. Definitions. As used in this chapter:

(1) "Disabled" or "person with disability" means:

(a) A person who has a physical or mental impairment which substantially limits one (1) or more major life activities (e.g., communication, ambulation, self-care, socialization, education, vocational training, transportation or employment);

(b) A person who has a record of such an impairment and the impairment is expected to continue indefinitely;

(c) A person who is regarded or treated by others as having such an impairment;

(d) Persons including, but not limited to, persons who are blind, deaf or who have epilepsy, autism, intellectual disabilities or mental illness or who have orthopedic disorders or cerebral palsy.

(2) "Food service facilities" includes restaurants, cafeterias, snack bars, and goods and services customarily offered in connection with any of the foregoing, and also includes vending machines dispensing foods when operated independently or in conjunction with such facilities.

(3) "Nonprofit organization representing persons with disabilities" means tax exempt organizations as defined under section 501(c)(3) of the Internal Revenue Code and includes the Idaho commission for the blind and visually impaired.

(4) "Public buildings" means all county courthouses, and all city halls and buildings used primarily as governmental offices of the state or any county or city. It does not include public schools or buildings or institutions of higher education or professional-technical training, buildings of the department of health and welfare, facilities of the state board of correction or the state capitol building.

History:

[67-6902, added 1982, ch. 350, sec. 1, p. 866; am. 1994, ch. 159, sec. 8, p. 366; am. 1999, ch. 329, sec. 40, p. 885; am. 2009, ch. 283, sec. 1, p. 851; am. 2010, ch. 235, sec. 65, p. 601.]
Idaho Code § 67-3608 — Idaho Code / Title 67 / Chapter 36 / Section 67-3608
67-3608 MONEYS RECEIVED BY STATE EDUCATIONAL INSTITUTIONS DEPOSITED WITH STATE TREASURER — EXCEPTIONS.
Status: in_force

67-3608. Moneys received by state educational institutions deposited with state treasurer — Exceptions. Except as otherwise expressly provided by law, all sums of money received by any state educational institution, which belong to the state of Idaho, or received by any agent, employee or representative thereof, for services, fees or net deposits, or for any other purposes whatever, except income pledges under chapter 37, title 33, Idaho Code, and excepting income pledges under any other law or laws of the state of Idaho now in force or hereafter enacted and in force, and excepting moneys 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, shall be immediately paid by the person receiving the same to the bursar of such educational institution, who shall deposit the same with the state treasurer at the time and in the manner required by law. Trust moneys shall not be construed to be moneys belonging to the state of Idaho. It is hereby made the duty of the state controller and state treasurer to enter the deposits so received in the general fund of the state of Idaho, and the state controller shall add the deposits so received to the appropriation currently available to the said institution; and all such sums of money so received and added are hereby appropriated from the general fund of the state of Idaho for the maintenance, use and support of such institution, and the moneys shall be expended for the use and support of such institution and shall be audited and accounted for as other appropriations to the said institution.

History:

[67-3608, added 1945, ch. 48, sec. 8, p. 61; am. 1994, ch. 180, sec. 213, p. 553.]
Idaho Code § 67-2746A — Idaho Code / Title 67 / Chapter 27 / Section 67-2746A
67-2746A DEPOSIT FOR SAFEKEEPING — RESPONSIBILITY.
Status: in_force

67-2746A. Deposit for safekeeping — Responsibility. The state treasurer may deposit for safekeeping with a state or national bank or a federal reserve bank any bonds, notes, bills, debentures, obligations, certificates of indebtedness, warrants, or other evidences of indebtedness in which the moneys of the state of Idaho or its agencies are invested pursuant to law; provided the treasurer shall take from the bank a receipt for the securities deposited. The state treasurer may accept securities in authorized book entry form. The state treasurer shall not be responsible for securities so deposited until they are withdrawn by the treasurer from the bank, except insofar as a violation by the treasurer of the prudent man investment rule contributes to any loss.

History:

[67-2746A, added I.C., sec. 67-2746A, as added by 1974, ch. 147, sec. 2, p. 1362; am. 1983, ch. 38, sec. 14, p. 96.]
Idaho Code § 67-6629 — Idaho Code / Title 67 / Chapter 66 / Section 67-6629
67-6629 SEVERABILITY.
Status: in_force

67-6629. Severability. If any provisions of this act or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.

History:

[(67-6629) 67-6627, added Init. Measure 1974, No. 1, sec. 27; am. and redesig. 2017, ch. 142, sec. 5, p. 338.]
Idaho Code § 67-6414 — Idaho Code / Title 67 / Chapter 64 / Section 67-6414
67-6414 BONDING PROVISIONS.
Status: in_force

67-6414. Bonding provisions. (a) (1) The authority shall have power and is hereby authorized to issue from time to time its notes and bonds in such principal amount as the authority shall determine to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of the authority, establishment of reserves to secure such notes and bonds, and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers.

(2) The authority shall have the power, from time to time, to issue (i) notes to renew notes and (ii) bonds, to pay notes, including the interest thereon, and whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes. The refunding bonds may be (i) exchanged for bonds to be refunded or (ii) sold and the proceeds applied to the purchase, redemption or payment of such bonds.

(3) Except as may otherwise be expressly provided by the authority, every issue of its notes and bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.

(b) The notes and bonds shall be authorized by resolution or resolutions of the authority, shall bear such date or dates and shall mature at such time or times as such resolution or resolutions may provide, except that no bond shall mature more than fifty (50) years from the date of its issue. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds shall bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption as such resolution or resolutions may provide. The notes and bonds of the authority may be sold by the authority, at public or private sale, at such price or prices as the authority shall determine.

(c) Any resolution or resolutions authorizing any notes or bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to:

(1) pledging all or any part of the revenues to secure the payment of the notes or bonds or of any issue thereof, subject to such agreements with noteholders or bondholders as may then exist;

(2) pledging all or any part of the assets of the authority to secure the payment of the notes or bonds or of any issue of notes or bonds, subject to such agreements with noteholders or bondholders as may then exist;

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

(4) limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging such proceeds to secure the payment of the notes or bonds or of any issue thereof;

(5) limitations on the issuance of additional notes or bonds; the terms upon which additional notes or bonds may be issued and secured; and the refunding of outstanding or other notes or bonds;

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

(7) limitations on the amount of moneys to be expended by the authority for operating expenses of the authority;

(8) 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 act and limiting or abrogating the right of the bondholders to appoint a trustee under this act or limiting the rights, powers and duties of such trustee;

(9) defining the acts or omissions to act which shall constitute a default in the obligations and duties of the state building authority to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that such rights and remedies shall not be inconsistent with the general laws of the state and the other provisions of this act;

(10) any other matters, of like or different character, which in any way affect the security or protection of the holders of the notes or bonds.

(d) 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.

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

(f) The authority, subject to such agreements with noteholders or bondholders as may then exist, shall have power out of any funds available therefor to purchase notes or bonds of the authority, which shall thereupon be cancelled, at a price not exceeding

(1) if the notes or bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment thereon, or

(2) if the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date.

(g) 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 trust company or bank having the power of a trust company in the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the exercise of its corporate powers and the custody, safeguarding and application of all moneys. 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.

(h) Whether or not the notes and bonds are of such form and character as to be negotiable instruments under the terms of the uniform commercial code, the notes and 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 notes and bonds for registration.

(i) In case any of the commissioners or officers of the authority whose signatures appear on any notes or bonds or coupons shall cease to be such commissioners or officers before the delivery of such notes or bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery.

History:

[67-6414, added 1974, ch. 111, sec. 14, p. 1263.]
Idaho Code § 67-1002 — Idaho Code / Title 67 / Chapter 10 / Section 67-1002
67-1002 PRESCRIBING FORMS OR REQUIREMENTS — PENALTY FOR DERELICTION.
Status: in_force

67-1002. Prescribing forms or requirements — Penalty for dereliction. It is the duty of the state controller to prescribe the form or style of receipts which must be given by all officers, or their deputies, who are authorized by law to collect fees, license moneys, fines and forfeitures, or to impose penalties, and to prescribe the forms or requirements of reports which must be made by all such officers, or their deputies, to the state treasurer and the state controller whenever public money is deposited by them; the object of this provision being to afford the state controller the means of ascertaining whether or not there has been a proper accounting for all moneys collected on behalf of the state.

Forms or requirements of prescribed receipts and reports shall be provided and paid for by the department in which they are to be used.

For failure to perform the duty imposed upon him by this section, the state controller shall forfeit the sum of one thousand dollars ($1,000) to be collected on his official bond.

History:

[(67-1002) Based upon 1913, ch. 42, sec. 6-8, p. 146; compiled and reen. C.L., sec. 104a; C.S., sec. 144; I.C.A., sec. 65-904; I.C., sec. 67-1004; am. 1976, ch. 42, sec. 8, p. 90; am and redesig. 1994, ch. 181, sec. 8, p. 575.[
Idaho Code § 67-1407 — Idaho Code / Title 67 / Chapter 14 / Section 67-1407
67-1407 FEES ASSESSED FOR SERVICES.
Status: in_force

67-1407. Fees assessed for services. In conjunction with the attorney general, the division of financial management shall determine on or before November 1 of each year an amount to be billed to state entities for purposes of carrying out the provisions of this title. Such amount shall be paid by each state entity in the succeeding fiscal year to the indirect cost recovery fund. Before June 30 of each fiscal year, the state controller shall transfer an amount equal to such deposits to the state general fund.

History:

[67-1407, added 2001, ch. 61, sec. 5, p. 116.]
Idaho Code § 67-8724 — Idaho Code / Title 67 / Chapter 87 / Section 67-8724
67-8724 RIGHTS NOT TO BE IMPAIRED BY STATE.
Status: in_force

67-8724. Rights not to be impaired by state. The state does hereby pledge to and agree with the holders of any bonds issued under this chapter that the state will not limit or alter the rights hereby vested in the authority to fulfill the terms of any agreements made with the holders thereof or in any way impair the security, rights or remedies of such holders until the bonds, with interest thereon, are fully paid and discharged. The authority is authorized to include this pledge and agreement in any indenture, trust agreement or other agreement with the holders of such bonds.

History:

[67-8724, added 2001, ch. 130, sec. 1, p. 460.]
Idaho Code § 67-2760 — Idaho Code / Title 67 / Chapter 27 / Section 67-2760
67-2760 JUDICIAL REVIEW OF ORDERS.
Status: in_force

67-2760. Judicial review of orders. Any person aggrieved by a final order of the director may obtain judicial review of that order pursuant to the provisions of chapter 52, title 67, Idaho Code.

History:

[67-2760, added 2005, ch. 265, sec. 12, p. 815.]
Idaho Code § 67-7020 — Idaho Code / Title 67 / Chapter 70 / Section 67-7020
67-7020 INCAPACITY OF OPERATOR.
Status: in_force

67-7020. Incapacity of operator. It shall be unlawful for the owner of any vessel or any person having such in charge or in his control to authorize or knowingly permit the same to be operated on the waters of the state of Idaho by any person who by reason of age, physical or mental disability is incapable of operating a vessel under the prevailing circumstances.

History:

[67-7020, added 1986, ch. 207, sec. 2, p. 526.]
Idaho Code § 67-454 — Idaho Code / Title 67 / Chapter 4 / Section 67-454
67-454 SUBCOMMITTEES FOR REVIEW OF ADMINISTRATIVE RULES — MEETINGS REGARDING RULES.
Status: in_force

67-454. Subcommittees for review of administrative rules — Meetings regarding rules. For the purposes of review of proposed administrative rules pursuant to chapter 52, title 67, Idaho Code, germane joint subcommittees are hereby authorized and created. The speaker of the house of representatives and the president pro tempore of the senate shall designate a subcommittee of each germane committee of each house for the consideration of proposed rules of the respective state agencies. The respective germane subcommittee of each house thus designated shall meet with the germane subcommittee of the other house and shall constitute the germane joint subcommittee. A subcommittee of each standing committee of each house shall be composed of the chairman of the committee, one (1) member of the majority party from the committee, appointed by the president pro tempore in the case of senate members, and by the speaker in the case of house members, and one (1) member of the minority party from the committee, appointed by the minority leader of the senate in the case of senate members, and by the minority leader of the house in the case of house members. If vacancies occur or exist in the majority party membership of the subcommittees of the senate, the president pro tempore shall appoint a replacement member; if vacancies occur or exist in the minority party membership of the subcommittees of the senate, the minority leader shall appoint a replacement member. If vacancies occur or exist in the majority party membership of the subcommittees of the house, the speaker shall appoint a replacement member; if vacancies occur or exist in the minority party membership of the subcommittees of the house, the minority leader shall appoint a replacement member. Meetings of a joint germane subcommittee shall be governed by the joint rules of the legislature; the chairmen shall sit as cochairmen.

Upon notice of intended action as provided in sections 67-5221 and 67-5223, Idaho Code, and transmission of analysis from the director of legislative services, the subcommittees may hold a meeting, which shall be held within forty-two (42) days of receipt of the analysis. A meeting may be called by the cochairmen or by two (2) or more members of the subcommittees giving oral or written notice to the legislative services office within fourteen (14) days of receipt of the analysis from the legislative services office. Upon a finding of the same objection by a majority of the members of the subcommittee of each house voting separately, an objection to a rule shall be transmitted to the agency with a concise statement of the reasons for the objection. A report of the joint subcommittee on each rule transmitted to it, including a finding that there is no objection to the rule or that an objection has been filed, shall be filed with the agency, transmitted to the membership of the germane standing committees, and submitted to the next regular session of the legislature.

History:

[67-454, added 1978, ch. 255, sec. 3, p. 559; am. 1983, ch. 197, sec. 1, p. 536; am. 1993, ch. 216, sec. 97, p. 666; am. 1996, ch. 159, sec. 5, p. 504; am. 1999, ch. 21, sec. 1, p. 29.]
Idaho Code § 67-1203B — Idaho Code / Title 67 / Chapter 12 / Section 67-1203B
67-1203B RECOMMENDATION OF THE TYPES AND KINDS OF INVESTMENTS.
Status: in_force

67-1203B. Recommendation of the types anD kinds of investments. (1) The investment board shall recommend the types and kinds of investments that the state treasurer or an investment manager would utilize to manage the idle moneys and such other moneys as the treasurer is authorized to invest pursuant to sections 67-1210 and 67-1210A, Idaho Code.

(2) The investment board shall recommend investment policies governing the investment of idle moneys and other moneys accepted for investment by the state treasurer. The recommendations shall pertain to the types, kinds or nature of investment of any of the moneys and any limitations, conditions or restrictions upon the methods, practices or procedures for investment, reinvestments, purchases, sales or exchange transactions, provided such recommendations shall not conflict with nor be in derogation of any Idaho constitutional provision or of the provisions of this chapter.

(3) The investment advisory board, in making recommendations, and the state treasurer and all investment managers shall be governed by the Idaho uniform prudent investor act, chapter 5, title 68, Idaho Code. The state treasurer and any investment manager shall invest and manage the assets of the respective funds in accordance with that act and the Idaho constitution.

History:

[67-1203B, added 2014, ch. 130, sec. 1, p. 363; am. 2021, ch. 160, sec. 18, p. 453.]
Idaho Code § 67-2901A — Idaho Code / Title 67 / Chapter 29 / Section 67-2901A
67-2901A AUTHORITY TO CONDUCT SAFETY INSPECTIONS AND COMPLIANCE REVIEWS OF MOTOR CARRIERS — ADOPTION OF RULES — PENALTY.
Status: in_force

67-2901A. Authority to conduct safety inspections and compliance reviews of motor carriers — Adoption of rules — Penalty. (1) The director of the Idaho state police shall have responsibility for ensuring that safety inspections and compliance reviews are conducted and that motor carriers are inspected for compliance with federal motor carrier safety and hazardous materials regulations and for compliance with applicable Idaho laws and such rules as are adopted pursuant to this section.

(2) The director shall have the authority and is directed to promulgate rules to provide for the safe operation of motor carriers and for the inspection of records, books, papers and documents relating to safety management systems or programs and compliance with the federal safety fitness standard. The director is further authorized to adopt temporary rules as necessary.

(3) Any person who violates or fails to comply with any rule promulgated by the director under the provisions of this section is guilty of a misdemeanor.

History:

[67-2901A, added 1999, ch. 383, sec. 19, p. 1069; am. 2000, ch. 469, sec. 5, p. 1460.]
Idaho Code § 67-3013 — Idaho Code / Title 67 / Chapter 30 / Section 67-3013
67-3013 APPOINTMENT OF COMPACT OFFICER.
Status: in_force

67-3013. Appointment of compact officer. The director of the Idaho state police shall appoint an Idaho state police employee as compact officer for the purpose of complying with article III of the national crime prevention and privacy compact, as set forth in section 67-3012, Idaho Code.

History:

[67-3013, added 2005, ch. 69, sec. 2, p. 243.]
Idaho Code § 67-7438 — Idaho Code / Title 67 / Chapter 74 / Section 67-7438
67-7438 PRIZE CLAIMING PERIOD.
Status: in_force

67-7438. Prize claiming period. Prizes may be claimed for a period of one hundred and eighty (180) days after the drawing in which the prize was won or from the last day tickets from that specific game were sold. Prizes won through an electronic terminal shall be payable in accordance with rules and regulations of the commission. If a claim is not made for the prize within the applicable period, the prize money shall be added to future prize pools, to be used in addition to prize allotments already allocated, except as provided in section 67-7433, Idaho Code.

History:

[67-7438, added 1988, ch. 232, sec. 2, p. 458; am. 1989, ch. 352, sec. 22, p. 891.]
Idaho Code § 67-2906 — Idaho Code / Title 67 / Chapter 29 / Section 67-2906
67-2906 COOPERATION AND EXCHANGE OF INFORMATION.
Status: in_force

67-2906. Cooperation and exchange of information. The Idaho state police shall cooperate and exchange information with any other department or authority of the state or with other police forces, both within this state and outside it, and with federal agencies to achieve greater success in preventing and detecting crimes and apprehending criminals.

History:

[(67-2906) 1939, ch. 60, sec. 7, p. 105; am. 1955, ch. 173, sec. 6, p. 345; am. and redesig. 1995, ch. 116, sec. 7, p. 391.]
Idaho Code § 67-9201 — Idaho Code / Title 67 / Chapter 92 / Section 67-9201
67-9201 SHORT TITLE.
Status: in_force

67-9201. short title. This chapter shall be known and may be cited as the "State Procurement Act."

History:

[67-9201, added 2016, ch. 289, sec. 4, p. 793.]
Idaho Code § 67-2001 — Idaho Code / Title 67 / Chapter 20 / Section 67-2001
67-2001 CONSTITUTION OF BOARD.
Status: in_force

67-2001. Constitution of board. The board of examiners created by section 18, article IV, of the constitution of the state of Idaho is styled the "State Board of Examiners." The board shall be a self-governing agency in the department of self-governing agencies. The governor is chairman of the said board. The state controller is ex officio secretary of the state board of examiners.

History:

[(67-2001) 1890-1891, p. 45, sec. 1; reen. 1899, p. 24, sec. 1; reen. R.C., sec. 144; am. 1913, ch. 15, sec. 1, p. 55; compiled and reen. C.L. 11:1; C.S., sec. 230; I.C.A., sec. 65-2001; am. 1974, ch. 7, sec. 1, p. 34; am. 1994, ch. 180, sec. 184, p. 541; am. 1995, ch. 44, sec. 58, p. 102.]
Idaho Code § 67-4230 — Idaho Code / Title 67 / Chapter 42 / Section 67-4230
67-4230 PARK MANAGEMENT — ALIENATION OF LAND.
Status: in_force

67-4230. Park management — Alienation of land. From and after the effective date of this act, control, management and administration of the Idaho Veterans Memorial Park shall be vested in the Idaho park and recreation board. The Idaho Veterans Memorial Park shall be maintained as a state park for the use of all the people, and no part, parcel or interest therein shall be alienated without the consent of the legislature; provided, however, that the Idaho park and recreation board may sell, transfer or convey a right of way, easement or parcel of land on the northwest boundary of said property for use as a public highway.

History:

[67-4230, added 1971, ch. 125, sec. 2, p. 486; am. 1972, ch. 140, sec. 1, p. 307, am. 1974, ch. 8, sec. 10, p. 35.]
Idaho Code § 67-7128 — Idaho Code / Title 67 / Chapter 71 / Section 67-7128
67-7128 OFF-ROAD MOTOR VEHICLE ADVISORY COMMITTEE — CREATION — SELECTION — TERM OF OFFICE — DUTY.
Status: in_force

67-7128. Off-road motor vehicle advisory committee — Creation — Selection — Term of office — Duty. (1) The park and recreation board shall appoint an off-road motor vehicle advisory committee (ORMV) of nine (9) members. The membership of the advisory committee shall consist of three (3) members each from northern Idaho, southwestern Idaho, and southeastern Idaho. Two (2) members from each area shall represent the following groups: motorbikes, ATV or UTV riders and snowmobilers. One (1) member interested in ORMV projects shall be appointed from each area without regard to the recreational activity in which that member participates and shall represent interests other than motorbike, ATV or UTV riders and snowmobilers. Each member of the advisory committee shall be chosen by the park and recreation board to serve a term of three (3) years, except that the term of the initial appointees shall commence on the date of appointment and shall be of staggered lengths. Each member of the advisory committee shall be a qualified elector of the state. Duties shall include:

(a) Representing the best interests of the ORMV users and activities which they represent in the district from which they are appointed;

(b) Advising the department as to whether proposed ORMV projects meet the needs of ORMV users in that area;

(c) Advising the department as to how funds can be used to rehabilitate areas on public or private lands and how the department can assist in the enforcement of laws and regulations governing the use of off-road vehicles in the state of Idaho;

(d) The three (3) motorbike, all-terrain vehicle or utility type vehicle representatives from the ORMV advisory committee shall advise the department on matters relating to the use of moneys in the motorbike recreation account as provided for in section 67-7127, Idaho Code.

(2) The committee shall be compensated as provided in section 59-509(f), Idaho Code, and authorized by the department.

History:

[67-7128, added 1989, ch. 106, sec. 16, p. 246; am. 2006, ch. 42, sec. 3, p. 124; am. 2006, ch. 229, sec. 3, p. 686.]
Idaho Code § 67-1209 — Idaho Code / Title 67 / Chapter 12 / Section 67-1209
67-1209 SUSPENSE FUND.
Status: in_force

67-1209. Suspense fund. Any state officer, department, board, or institution having or receiving money in trust or for safekeeping pending its final disposition or distribution shall deposit the same in the state treasury in a special suspense fund from which it may be withdrawn or distributed under policies and procedures of the state controller.

History:

[(67-1209), added 1919, ch. 181, sec. 1, p. 557; C.S., sec. 165; I.C.A., sec. 65-1109; am. 1976, ch. 42, sec. 19, p. 102; am. 1994, ch. 180, sec. 177, p. 538; am. 2003, ch. 32, sec. 42, p. 142.; am. 2021, ch. 160, sec. 19, p. 453.]
Idaho Code § 67-419 — Idaho Code / Title 67 / Chapter 4 / Section 67-419
67-419 RECORDING AND PUBLICATION.
Status: in_force

67-419. Recording and publication. Each designation of an emergency interim successor shall become effective when the legislator or party leader making the designation files with the secretary of state the successor's name, address and rank in order of succession. The removal of an emergency interim successor or change in order of succession shall become effective when the legislator or party leader so acting files this information with the secretary of state. All such data shall be open to public inspection. The secretary of state shall inform the governor, the Idaho office of emergency management, the presiding officer of the house concerned and all emergency interim successors of all such designations, removals and changes in order of succession.

History:

[67-419, added 1961 (E.S.), ch. 4, sec. 7, p. 20; am. 2020, ch. 49, sec. 1, p. 115.]
Idaho Code § 67-8807 — Idaho Code / Title 67 / Chapter 88 / Section 67-8807
67-8807 NOMINATIONS.
Status: in_force

67-8807. NOMINATIONS. (1) All nominations shall be:

(a) In writing;

(b) Submitted on the form provided by the commission; and

(c) Postmarked and mailed, or hand-delivered, to the commission chairman at the address appearing on the nomination form on or before the date set forth on the form.

(2) All documentation, photographs, testimonials, affidavits, or other supplemental or additional information pertaining to the nomination must accompany the completed form.

(3) Nomination forms must be endorsed by the chief law enforcement officer of the department of the nominee, the fire chief, or the head of the nominee's EMS agency, as applicable.

History:

[67-8807, added 2020, ch. 152, sec. 7, p. 456.]
Idaho Code § 67-7006 — Idaho Code / Title 67 / Chapter 70 / Section 67-7006
67-7006 CAPACITY PLATE — CONTENTS.
Status: in_force

67-7006. Capacity plate — Contents. A capacity plate shall bear the following information permanently marked thereon:

(1) For all vessels designed for or represented by the manufacturer as being suitable for use with outboard motor:

(a) The total weight of person, motor, gear, and other articles placed aboard which the vessel is safely capable of carrying under normal conditions.

(b) The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each person. In no instance shall such presumed weight per person be less than one hundred fifty (150) pounds.

(c) Clear notice that the information appearing on the capacity plate is applicable under normal conditions and that the weight of the outboard motor and associated equipment is considered to be part of total weight capacity.

(d) The maximum horsepower of the motor the vessel is designed or intended to accommodate.

(2) For all other vessels to which this chapter applies:

(a) The total weight of persons, gear and other articles placed aboard which the vessel is safely capable of carrying under normal conditions.

(b) The recommended number of persons commensurate with the weight capacity of the vessel and the presumed weight in pounds of each such person. In no instance shall such presumed weight per person be less than one hundred fifty (150) pounds.

(c) Clear notice that the information appearing on the capacity plate is applicable under normal conditions.

History:

[67-7006, added 1986, ch. 207, sec. 2, p. 518.]
Idaho Code § 67-7702 — Idaho Code / Title 67 / Chapter 77 / Section 67-7702
67-7702 DEFINITIONS.
Status: in_force

67-7702. Definitions. As used in this chapter:

(1) "Bingo" means the traditional game of chance played for a prize determined prior to the start of the game.

(a) Upon approval by the bingo-raffle advisory board, a licensee may offer bingo games in which players are allowed to select their own numbers if the cards used to conduct the games have controls that provide an audit trail adequate to determine all winning number combinations.

(b) Card-minding devices are prohibited. Autodaubing features are prohibited.

(c) Bingo shall not include "instant bingo," which is a game of chance played by the selection of one (1) or more prepackaged bingo cards, with the winner determined by the appearance of a preprinted winning designation on the bingo card.

(2) "Bingo-raffle advisory board" means a board of six (6) persons chosen by the governor to make advisory recommendations regarding bingo and raffle operations and regulation in Idaho.

(3) "Charitable organization" means an organization that has been in continuous existence in the county of operation of the charitable bingo game or raffle for at least one (1) year, that conducts charitable activities, and that is exempt from taxation under section 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19) or 501(d) of the Internal Revenue Code and is exempt from income taxation under title 63, Idaho Code, as a bona fide nonprofit charitable, civic, religious, fraternal, patriotic or veterans organization or as a nonprofit volunteer fire department, or as a nonprofit volunteer rescue squad, or as a nonprofit volunteer educational booster group, parent-teacher organization or association. If the organization has local branches or chapters, the term "charitable organization" means the local branch or chapter operating the bingo or raffle game.

(4) "Commission" means the Idaho state lottery commission as defined in section 67-7404, Idaho Code.

(5) "Duck race" means a charitable raffle played by releasing numbered, inanimate toys (ducks) into a body of moving water. A person who has been assigned the same number as the first duck to cross a predetermined point in the water (the finish line) is the winner. Other prizes may be awarded on the basis of the order in which the ducks cross the finish line. With the exception of determining "net proceeds," all restrictions and requirements applicable to the conduct of charitable raffles in this chapter shall also apply to the conduct of duck races.

(6) "Electronic bingo card" or "face" means an electronic facsimile of a bingo card or face, from a permutation of bingo cards formulated by a manufacturer licensed in Idaho, which is stored and/or displayed in a bingo card-monitoring device. An electronic bingo card or face is deemed to be a form of disposable paper bingo card.

(7) (a) "Electronic bingo device" means an electronic device used by a bingo player to monitor bingo cards purchased at the time and place of a licensed organization's bingo session and that:

(i) Provides a means for bingo players to input numbers announced by a bingo caller;

(ii) Requires the player to manually enter the numbers as they are announced by a bingo caller;

(iii) Compares the numbers entered by the bingo player to the numbers contained on bingo cards previously stored in the electronic database of the device;

(iv) Identifies winning bingo patterns; and

(v) Signals only the bingo player when a winning bingo pattern is achieved.

(b) "Electronic bingo device" does not mean or include any device into which coins, currency, or tokens are inserted to activate play, or any device that is interfaced with or connected to any host system which can transmit or receive any ball call information, site system or any other type of bingo equipment once the device has been activated for use by the bingo player.

(8) "Gross revenues" means all moneys paid by players during a bingo game or session for the playing of bingo or raffle events and does not include money paid for concessions; provided that the expenses of renting electronic bingo devices from a licensed vendor and the fees collected from players for the use of electronic bingo devices must be reported separately on the organization's annual bingo report and must be netted for purposes of determining gross revenues as follows: only fees collected from players in excess of the rental charges paid to licensed vendors will be considered to be a part of gross revenues; and if the costs of renting electronic bingo devices from a licensed vendor exceed the fees collected from players for use of electronic bingo devices, the difference will be considered an administrative expense for purposes of section 67-7709(1)(d), Idaho Code.

(9) "Host system" means the computer hardware, software and peripheral equipment of a licensed manufacturer that is used to generate and download electronic bingo cards to a licensed organization's site system and that monitors sales and other activities of a site system.

(10) "Nonprofit organization" means an organization incorporated under chapter 30, title 30, Idaho Code.

(11) "Organization" means a charitable organization or a nonprofit organization.

(12) "Person" shall be construed to mean and include an individual, association, corporation, club, trust, estate, society, company, joint stock company, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, and any combination of individuals. "Person" shall also be construed to mean and include departments, commissions, agencies and instrumentalities of the state of Idaho, including counties and municipalities and agencies or instrumentalities thereof.

(13) "Raffle" means a game in which the prize is won by random drawing of the name or number of one (1) or more persons purchasing chances.

(14) "Session" means a period of time not to exceed eight (8) hours in any one (1) day in which players are allowed to participate in bingo games operated by a charitable or nonprofit organization.

(15) "Site system" means the computer hardware, software and peripheral equipment used by a licensed organization at the site of its bingo session that provides electronic bingo cards or bingo card monitoring devices to players, and that receipts the sale or rental of such cards and devices and generates reports relative to such sales or rentals.

(16) "Vendor" means an applicant, licensee or manufacturer, distributor or supplier, licensed or unlicensed, that furnishes or supplies bingo or raffle equipment, disposable or nondisposable cards, and any and all related gaming equipment.

History:

[67-7702, added 1993, ch. 391, sec. 2, p. 1449; am. 1994, ch. 281, sec. 1, p. 875; am. 1995, ch. 350, sec. 1, p. 1152; am. 1996, ch. 382, sec. 1, p. 1295; am. 2000, ch. 340, sec. 1, p. 1135; am. 2003, ch. 301, sec. 1, p. 827; am. 2005, ch. 259, sec. 1, p. 795; am. 2005, ch. 356, sec. 1, p. 1125; am. 2006, ch. 16, sec. 28, p. 63; am. 2008, ch. 43, sec. 1, p. 99; am. 2013, ch. 251, sec. 2, p. 610; am. 2017, ch. 58, sec. 34, p. 129.]
Idaho Code § 67-6903 — Idaho Code / Title 67 / Chapter 69 / Section 67-6903
67-6903 FOOD SERVICE FACILITIES IN PUBLIC BUILDINGS.
Status: in_force

67-6903. Food service facilities in public buildings. Any governmental agency which proposes to allow, to operate or to continue a food service facility in a public building shall first attempt, in good faith, to notify nonprofit organizations representing persons with disabilities of the opportunity to operate a food service. If more than one (1) organization responds, the governmental agency shall establish reasonable criteria and shall select on the basis of that criteria from the proposals submitted. Criteria adopted by a governmental agency pursuant to this section, and used as a basis for selection among proposals submitted, shall include the requirement that proposals submitted by the Idaho commission for the blind and visually impaired shall have priority over all other proposals submitted. Proposals submitted by nonprofit organizations representing persons with disabilities, other than the Idaho commission for the blind and visually impaired, shall receive priority over all other proposals except proposals submitted by the Idaho commission for the blind and visually impaired. A food service facility shall be operated without payment of rent. The governmental agency shall not offer or grant any other party a contract or concession to operate such food service facility unless the governmental agency determines in good faith that no nonprofit organization representing persons with disabilities is willing or able to provide satisfactory food service.

History:

[67-6903, added 1982, ch. 350, sec. 1, p. 867; am. 1994, ch. 159, sec. 9, p. 366; am. 2010, ch. 235, sec. 66, p. 602.]
Idaho Code § 67-4739 — Idaho Code / Title 67 / Chapter 47 / Section 67-4739
67-4739 APPLICATION — PROCESS — AGREEMENTS — REIMBURSEMENT.
Status: in_force

67-4739. APPLICATION — PROCESS — AGREEMENTS — REIMBURSEMENT. (1) A business entity may claim a refundable tax credit for creating a minimum number of new jobs in the state of Idaho. In order to be considered for participation, an applicant or its designated representative must submit an application to the director and shall include:

(a) A complete description of the proposed project and the economic benefit that will accrue to the state as a result of the project;

(b) A description or explanation of whether the project will occur or how it will be altered if the tax credit application is denied by the council;

(c) Proof of a community match;

(d) A letter from the tax commission confirming that the applicant is in good standing in the state of Idaho and is not in unresolved arrears in the payment of any state tax or fee administered by the tax commission;

(e) A detailed statement with an estimate of Idaho goods and services to be consumed or purchased by the applicant during the term;

(f) Known or expected detriments to the state or existing industries in the state;

(g) An anticipated project inception date and proposed schedule of progress;

(h) Proposed performance requirements and measurements that must be met prior to issuance of the tax credit;

(i) A detailed description of the proposed capital investment;

(j) A detailed description of jobs to be created, an approximation of the number of such jobs to be created and the projected average wage to be paid for such jobs;

(k) A detailed description of the estimated new state tax revenues to be generated by the project;

(l) Identification of any individual or entity included within the application that is entitled to a rebate pursuant to section 63-3641 or 63-4408, Idaho Code, or is required to obtain a separate seller's permit pursuant to chapter 36, title 63, Idaho Code; and

(m) The federal employer identification or social security number for each individual or entity stated as the business entity in the agreement.

(2) Upon satisfaction by the director that all requirements are met pursuant to this chapter, the director shall submit such application to the council. The council shall review the application, may request additional information and shall approve or reject the application. An approval or rejection from the council shall not be considered a contested case pursuant to chapter 52, title 67, Idaho Code; provided, however, that nothing in this section shall prohibit an aggrieved applicant from seeking judicial review as provided in chapter 52, title 67, Idaho Code.

(3) If the council approves the application, the council shall instruct the director to enter into an agreement with the applicant with the terms of the council's approval. If the council rejects an application, the applicant may reapply with a new application.

(4) In the event a member of the council has a conflict of interest on an application that is before the council, the member shall fully disclose it to the council and abstain from any vote on the application.

History:

[67-4739, added 2014, ch. 336, sec. 1, p. 830; am. 2015, ch. 200, sec. 2, p. 611.]
Idaho Code § 67-7402 — Idaho Code / Title 67 / Chapter 74 / Section 67-7402
67-7402 IDAHO LOTTERY AGENCY CREATED.
Status: in_force

67-7402. Idaho lottery agency created. There is hereby created in the department of self-governing agencies an agency to be known as the Idaho state lottery. The Idaho state lottery shall implement and administer the provisions of this chapter.

History:

[67-7402, added 1988, ch. 232, sec. 2, p. 446.]
Idaho Code § 67-6706 — Idaho Code / Title 67 / Chapter 67 / Section 67-6706
67-6706 COMPENSATION AND EXPENSES.
Status: in_force

67-6706. Compensation and expenses. Members of the council shall serve with no salary or benefits, but are entitled to reimbursement for travel and other expenses as authorized by the Idaho Code. Those members of the council, as set out in section 67-6704(2), Idaho Code, shall also be reimbursed for expenses associated with the respective members' respite care for their child or adult family member with developmental disabilities when necessary for the members to participate in authorized council activities and meetings required under section 67-6707(2), Idaho Code.

History:

[67-6706, added 1978, ch. 269, sec. 1, p. 621; am. 1986, ch. 28, sec. 2, p. 82; am. 2002, ch. 113, sec. 6, p. 322.]
Idaho Code § 67-3805 — Idaho Code / Title 67 / Chapter 38 / Section 67-3805
67-3805 C-PACE PROGRAM — AUTHORIZATION.
Status: in_force

67-3805. c-pace program — authorization. (1) A local government may establish a C-PACE program and exercise all powers granted pursuant to this chapter.

(2)(a) The local government shall designate a region within its boundaries as an area in which C-PACE projects are permissible.

(b) If the local government is a county, then the region designated may encompass the whole of the unincorporated and incorporated areas inside the county's boundaries.

(3) A local government that establishes a program may enter into written agreements with a property owner to impose voluntary assessments to repay such owner's financing of a qualified project on the owner's property, provided that the conditions of section 67-3804, Idaho Code, are met.

(4) A local government may administer a program or delegate administration of a program pursuant to section 67-3806(4), Idaho Code.

(5) If the program provides for third-party administration, then the local government official authorized to enter into a written contract with a property owner pursuant to section 67-3806(1)(a)(viii), Idaho Code, shall also enter into a written contract with the party that administers the program. The contract must require the third party to reimburse the local government for costs associated with monitoring the program, imposing the assessment, and billing and collecting payments on behalf of the third party.

(6) The financing for assessments imposed may include but is not limited to:

(a) The cost of materials and labor necessary for the installation or modification of a qualified improvement;

(b) Permit fees;

(c) Inspection fees;

(d) Lender fees;

(e) Program application and administrative fees;

(f) Project development and engineering fees;

(g) Interest reserves;

(h) Capitalized interest, in an amount determined by the owner of the commercial property and the third party providing financing pursuant to this chapter; and

(i) Other fees or costs incurred by the property owner incidental or ancillary to the installation, modification, or improvement on a specific or pro rata basis, as determined by the local government.

(7) The written assessment contract constitutes written notice to the property owner that the owner may be responsible for the payment of any remaining principal balance of the assessment upon the refinance or sale of the property unless the remaining principal balance is assumed by the acquiring property owner. The local government shall require each property owner to acknowledge, in writing, the notice as part of the execution of the contract.

History:

[67-3805, added 2024, ch. 239, sec. 1, p. 853.]
Idaho Code § 67-2320 — Idaho Code / Title 67 / Chapter 23 / Section 67-2320
67-2320 PROFESSIONAL SERVICE CONTRACTS WITH DESIGN PROFESSIONALS, CONSTRUCTION MANAGERS, AND PROFESSIONAL LAND SURVEYORS.
Status: in_force

67-2320. Professional service contracts with design professionals, construction managers, and professional land surveyors. (1) Notwithstanding any other provision of law to the contrary, it shall be the policy of this state that all public agencies and political subdivisions of the state of Idaho and their agents shall make selections for professional engineering, architectural, landscape architecture, construction management, and professional land surveying services, including services by persons licensed pursuant to chapters 3, 12, 30, and 45, title 54, Idaho Code, on the basis of qualifications and demonstrated competence and shall negotiate contracts or agreements for such services.

(2) In carrying out this policy, public agencies and political subdivisions of the state shall use the following minimum guidelines in securing contracts for engineering, architectural, landscape architecture, construction management, and land surveying services on projects for which the professional service fee is anticipated to exceed the total sum of fifty thousand dollars ($50,000), excluding professional services contracts previously awarded for an associated or phased project, and for which the expenditure is otherwise exempt from the bidding process provided by law. To implement this policy, the public agency and political subdivisions shall:

(a) Provide a general description of the services being solicited and encourage persons or firms engaged in the services being solicited to submit statements of qualifications and past performance data;

(b) Establish and make available to the public a request for qualifications that includes the criteria and the procedures to be used for measurable scoring, ranking, and selection of qualified persons or firms to perform such services;

(c) After receiving responses to a request for qualifications, score and rank the responding persons or firms based on their qualifications and demonstrated competence pursuant to the public agency's or political subdivision's established criteria and procedures. The list of ranked respondents, including the scoring used to develop the ranking, shall be made available to the public. Some examples of selection criteria for consideration may include but are not limited to: a description of the firm, including location and longevity; past performance; project manager and key staff experience, education, and training; experience with similar projects; specific approach to project or assignment; proposed schedule, if applicable; and quality control procedures;

(d) Select for negotiation the persons or firms whom the public agency or political subdivision determines to be the highest-ranked (best qualified);

(e) Negotiate with the highest-ranked person or firm for a contract or an agreement to perform such services at a price determined by the public agency or political subdivision to be reasonable and fair to the public after considering the estimated value, scope, complexity, schedule, and nature of the services required;

(f) When unable to negotiate a satisfactory contract or agreement with the highest-ranked person or firm, formally terminate negotiations and undertake negotiations with the next highest-ranked person or firm, following the procedure prescribed in paragraph (e) of this subsection;

(g) When unable to negotiate a satisfactory contract or agreement with any of the selected persons or firms, recommence negotiations as described in paragraphs (e) and (f) of this subsection until a contract or agreement is reached or cancel the procurement;

(h) When a public agency or political subdivision solicits a request for qualifications for engineering, architectural, landscape architecture, construction management, or land surveying services for which the professional service fee is anticipated to exceed the total sum of fifty thousand dollars ($50,000), it shall publish public notice in the same manner as required for procurement of public works construction projects under section 67-2805(2), Idaho Code;

(i) In fulfilling the requirements of paragraphs (a) through (h) of this subsection, a public agency or political subdivision may establish and select from a list of two (2) or more persons or firms selected and preapproved for consideration by the public agency or political subdivision. In establishing a preapproved list, a public agency or political subdivision shall publish notice as set forth in paragraph (h) of this subsection. When selecting from such list, no notice shall be required; and

(j) Any list established under paragraph (i) of this subsection shall remain valid for a maximum of five (5) years and may be canceled by the public agency or political subdivision prior to the list's expiration if the public agency or political subdivision determines that cancellation would be in the public's interest.

(3) In securing contracts for engineering, architectural, landscape architecture, construction management, or land surveying services on projects for which the professional service fee is anticipated to be less than the total sum of fifty thousand dollars ($50,000), the public agency or political subdivision may use the guidelines set forth in subsection (2) of this section or establish its own guidelines for selection based on demonstrated competence and qualifications to perform the type of services required, followed by negotiation of the fee at a price determined by the public agency or political subdivision to be fair and reasonable after considering the estimated value, scope, complexity, schedule, and nature of services required.

(4) When a public agency or political subdivision of the state has previously awarded a professional services contract to a person or firm for an associated or phased project, the public agency or political subdivision may, at its discretion and in accordance with all provisions of section 59-1026, Idaho Code, negotiate an extended or new professional services contract with that person or firm.

(5) For the purposes of this section:

(a) "Public agency" means the state of Idaho and any departments, commissions, boards, authorities, bureaus, universities, colleges, educational institutions, or other state agencies that have been created by or pursuant to statute other than courts and their agencies and divisions, and the judicial council and the district magistrates commission; and

(b) "Political subdivision" means any entity defined as a political subdivision under section 6-902, Idaho Code, or any other district or municipality of any nature whatsoever having the power to levy taxes or assessment, organized under any general or special law of this state. The enumeration of certain districts in this section shall not be construed to exclude other districts or municipalities from this definition.

History:

[67-2320, added 1984, ch. 188, sec. 1, p. 438; am. 1998, ch. 410, sec. 4, p. 1273; am. 2021, ch. 217, sec. 1, p. 595.]
Idaho Code § 67-1917 — Idaho Code / Title 67 / Chapter 19 / Section 67-1917
67-1917 REPORTS BY PARTICIPATING STATE AGENCIES.
Status: in_force

67-1917. Reports by participating state agencies. (1) Any state agency that receives federal funds, anticipates receipt of federal funds or administers a program supported by federal funds shall provide reports on the use of federal funds as part of each agency's annual budget request to the division of financial management. The postsecondary educational institutions shall be provided an exception to these requirements and shall submit an audited schedule of expenditures of federal awards for the preceding fiscal year to the office of the state board of education, which shall consolidate such information and submit a report to the division of financial management. The reports required of all other agencies shall:

(a) Delineate the federal funds received for the preceding fiscal year;

(b) Delineate the federal funds to be utilized by the state agency for the current and upcoming fiscal year. The report shall include federal funds appropriated by the legislature, federal funds continuously appropriated and any programs supported by federal funds, the loss of which may impact the continuity or delivery of services;

(c) Identify the date, if known, on which federal funds are set to expire;

(d) Identify any obligations, agreements, joint exercise of powers agreements, maintenance of effort agreements, or memoranda of understanding that may be impacted by federal or state decisions regarding federal receipts, including any state matching requirements; and

(e) Calculate the percentage that constitutes federal funds to the total appropriation for the state agency for the fiscal year.

(2) If an agency receives notice of a reduction in federal funding from a specific federal grant of fifty percent (50%) or more from the previous year's funding, it shall develop a plan to either reduce or eliminate the services provided through the grant or to continue the services without a shift to state resources. The plan shall be included in the report required under subsection (1) of this section.

(3) As used in this section, "federal funds" means any financial assistance made by the United States government, or any agency thereof, whether a contract, grant subsidy, augmentation, reimbursement or in any other form.

History:

[67-1917, added 1972, ch. 405, sec. 4, p. 1188; am. 1974, ch. 22, sec. 25, p. 592; am. 1980, ch. 358, sec. 7, p. 926; am. 2015, ch. 307, sec. 2, p. 1209; am. 2020, ch. 118, sec. 1, p. 369.]
Idaho Code § 67-3534 — Idaho Code / Title 67 / Chapter 35 / Section 67-3534
67-3534 AMERICAN RESCUE PLAN FUND.
Status: in_force

67-3534. american rescue plan fund. There is hereby created in the state treasury the American rescue plan fund. The fund shall be used to account for receipts, disbursements, and reimbursements related to the federal American rescue plan act of 2021, P.L. 117-2, moneys received by the state of Idaho. Moneys in the fund can be expended only after legislative appropriation. Except as prohibited by law, the office of the state treasurer shall invest idle moneys, and the fund shall retain its interest.

History:

[67-3534, added 2021, ch. 320, sec. 2, p. 943.]
Idaho Code § 67-7902 — Idaho Code / Title 67 / Chapter 79 / Section 67-7902
67-7902 DEFINITIONS.
Status: in_force

67-7902. Definitions. As used in this chapter:

(1) "Emergency medical condition" shall have the same meaning as provided in 42 U.S.C. section 1396b(v)(3).

(2) "Federal public benefit" shall have the same meaning as provided in 8 U.S.C. section 1611(c).

(3) "State or local public benefit" shall have the same meaning as provided in 8 U.S.C. section 1621(c).

History:

[67-7902, added 2007, ch. 311, sec. 1, p. 877.]
Idaho Code § 67-1227 — Idaho Code / Title 67 / Chapter 12 / Section 67-1227
67-1227 INVESTMENT AT REQUEST OF STATE AGENCY.
Status: in_force

67-1227. INVESTMENT AT REQUEST OF STATE AGENCY. At the request of an agency, the state treasurer is hereby authorized to accept for investment the moneys of an Idaho agency or moneys held in trust by an Idaho agency that are not idle moneys subject to investment under section 67-1210, Idaho Code. The state treasurer may invest the moneys submitted for investment under this section in any investment the treasurer is authorized by law to acquire using the idle moneys of the state of Idaho. The state treasurer may pool moneys submitted for investment under this section with moneys invested by the state treasurer under any program authorized by this chapter. The treasurer may require the agency to certify its authority to submit the moneys for investment by the state treasurer and its authority to invest the moneys in the investments authorized by this section. The costs of investing moneys pursuant to this section shall be paid from the moneys invested or the earnings on such moneys or from a fund designated in advance by the agency.

History:

[67-1227, added 2016, ch. 167, sec. 4, p. 465; am. 2021, ch. 160, sec. 23, p. 456.]
Idaho Code § 67-7450 — Idaho Code / Title 67 / Chapter 74 / Section 67-7450
67-7450 CAP ON ADMINISTRATIVE COSTS.
Status: in_force

67-7450. Cap on administrative costs. During the first year of operation, administrative costs shall not exceed twenty percent (20%) of lottery revenue. Thereafter, administrative costs shall not exceed fifteen percent (15%) of lottery revenue during any fiscal year. Advertising and promotional costs shall not exceed three and one-half percent (3 1/2%) of lottery revenue during any fiscal year.

History:

[(67-7450) 67-7449, added 1989, ch. 352, sec. 30, p. 894; am. 1993, ch. 327, sec. 37, p. 1224; am. 1994, ch. 180, sec. 232, p. 567; am. 1996, ch. 159, sec. 26, p. 527; am. and redesig. 2026, ch. 6, sec. 3, p. 21.]
Idaho Code § 67-1021 — Idaho Code / Title 67 / Chapter 10 / Section 67-1021
67-1021 AUTHORITY TO INSTALL ACCOUNTING AND REPORTING SYSTEM FOR STATE.
Status: in_force

67-1021. Authority to install accounting and reporting system for state. (1) The provisions of this section reserve to the state controller, in order to carry out the provisions and requirements of this section, the authority to establish funds in addition to those required by law or constitutional provisions.

(2) The state controller shall have power to prescribe and install, to modify from time to time, and to enforce, an accurate and modern system of accounting and financial reporting for the state of Idaho, to cover and include all its financial transactions and all funds, accounts, and property owned by or held in trust or custody of the state, and to that end may take all proceedings and make all investigations necessary to procure the information for said purposes, and may also require the keeping of such books, records and accounts and the making of such reports as he may from time to time prescribe, in and by the office of the state controller, and all other state offices, departments, boards and institutions.

(3) For the purpose of maintaining a uniform statewide accounting and reporting system, the state controller shall define and classify the various funds, accounts, grants and other financial structures. This system shall normally reflect generally accepted governmental accounting principles developed by the governmental accounting standards board or its successor.

History:

[(67-1021) I.C. 67-1018, as added by 1941, ch. 27, sec. 1, p. 51; am. 1976, ch. 42, sec. 14, p. 99; am. 1991, ch. 51, sec. 2, p. 94; am. and redesig. 1994, ch. 181, sec. 15, p. 584.]
Idaho Code § 67-9101 — Idaho Code / Title 67 / Chapter 91 / Section 67-9101
67-9101 DEFINITIONS.
Status: in_force

67-9101. Definitions. As used in this chapter:

(1) "Local government" means a county, city or town.

(2) "Person" means an individual, corporation, partnership, firm, association, joint venture, proprietorship, club or any other legal entity.

(3) "State outdoor sport shooting range" or "range" means an area owned by the state of Idaho or a state agency for the public use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery or any other similar sport shooting. "State outdoor sport shooting range" does not include:

(a) Any totally enclosed facility that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floors and ceilings, adequate ventilation, lighting systems and acoustical treatment for sound attenuation; and

(b) Any law enforcement or military shooting range.

History:

[67-9101, added 2008, ch. 116, sec. 1, p. 322.]
Idaho Code § 67-4917 — Idaho Code / Title 67 / Chapter 49 / Section 67-4917
67-4917 SINKING FUND.
Status: in_force

67-4917. Sinking fund. Whenever any indebtedness has been incurred by a district authorized to levy and collect ad valorem taxes, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine, which may be used to meet the obligations of the district, for maintenance and operating charges and depreciation, and provide extensions of and betterments to the improvements of the district.

History:

[67-4917, added 1959, ch. 137, sec. 17, p. 299; am. 1987, ch. 70, sec. 8, p. 135.]
Idaho Code § 67-4123 — Idaho Code / Title 67 / Chapter 41 / Section 67-4123
67-4123 STATE HISTORICAL SOCIETY — GOVERNED BY BOARD OF TRUSTEES.
Status: in_force

67-4123. State historical society — Governed by board of trustees. The Idaho state historical society, hereinafter referred to as the society, shall be governed by a board of trustees. The society and its board of trustees shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be within the department of self-governing agencies. The board shall be responsible for administering the powers and duties required to preserve and protect any historical record of the history and culture of Idaho.

History:

[67-4123, added 1970, ch. 145, sec. 1, p. 438; am. 1974, ch. 10, sec. 18, p. 49; am. 2009, ch. 167, sec. 4, p. 499.]
Idaho Code § 67-3509 — Idaho Code / Title 67 / Chapter 35 / Section 67-3509
67-3509 TIME WHEN APPROPRIATION AVAILABLE.
Status: in_force

67-3509. Time when appropriation available. When an appropriation shall be made without restrictions as to the time of its use, it shall be available for expenditure for the purposes and to the amount therein stated, from the first day of July of the year during which such appropriation is made to and including the thirtieth day of June of the year following.

History:

[(67-3509) 1929, ch. 206, sec. 9, p. 400; I.C.A., sec. 65-3409; am. 1941, ch. 74, sec. 1, p. 141; am. 1970, ch. 66, sec. 6, p. 154.]
Idaho Code § 67-4907 — Idaho Code / Title 67 / Chapter 49 / Section 67-4907
67-4907 HEARINGS ON PETITIONS — ELECTION FOR ORGANIZATION AND OFFICERS.
Status: in_force

67-4907. Hearings on petitions — Election for organization and officers. On the day fixed for such hearing or at an adjournment thereof the court shall, if the petition proposes a property tax, ascertain from the tax rolls of the county or counties in which the district is located or into which it extends, the total number of taxpayers within the proposed district, who pay a general tax on real property owned by him or her within the district.

If the court finds that no petition has been signed and presented in conformity with this chapter, or that the material facts are not as set forth in the petition filed, it shall dismiss said proceedings and adjudge the costs against the signers of the petition in such proportion as it shall deem just and equitable. No appeal or writ of error shall lie from an order dismissing said proceedings; but nothing herein shall be construed to prevent the filing of a subsequent petition or petitions for similar improvements or for a similar district, and the right so to renew such proceedings is hereby expressly granted and authorized.

Any time after the filing of the petition for the organization of a district and before the day fixed for the hearing thereon, the owner or owners of any real property within the proposed district may file a petition with the district court stating reasons why said property should not be included therein, why his land or any part thereof will not be benefited directly or indirectly by the proposed district, or should not be embraced in said district and made liable to taxation therefor, and praying that said property be excluded therefrom. Such petition shall be duly verified and shall describe the property sought to be excluded. The court shall conduct a hearing on said petition and shall hear all objections to the inclusion in the district of any lands described in said petition. In case any owner of real estate included in said proposed district shall satisfy the court that his real estate, or any part thereof, has been wrongfully included therein or will not be benefited thereby then the court shall exclude such real estate as will not be benefited.

Upon said hearing, if it shall appear that a petition for the organization of a district has been signed and presented as hereinabove provided, in conformity with this chapter, and that the allegations of the petition are true, the court shall, by order duly entered of record, direct that the question of the organization of the district shall be submitted to the qualified electors of the district at an election to be held, subject to the provisions of section 34-106, Idaho Code, for that purpose, and such order shall direct the county clerk to appoint election officials of the election. The county clerk of the county having jurisdiction shall give published notice of the time and place of an election to be held in the district.

Such election shall be held and conducted in accordance with the provisions of title 34, Idaho Code.

At any time after the filing of the petition herein referred to and before the day fixed for hearing, nominees for the board of directors of the district may be nominated by the filing of a petition designating the name or names of the nominee or nominees, signed by at least five (5) qualified electors of the district. If upon the hearing as herein provided the court shall order an election for the creation of the district, the court shall also ascertain the names of persons nominated by the board of directors, and shall order that the names of persons whom the court finds to have been properly nominated shall be listed upon a ballot submitted to the electors at such election. In the event the court makes its order providing for such election, it shall prescribe the form of the question and ballot relating to the election of the directors, provided that all matters may be contained upon one (1) ballot to be submitted to the voters.

At such election the voters shall vote for or against the organization of the district, and for five (5) qualified electors, who shall constitute the board of directors of the district, if organized, one (1) director to act until the first biennial election, two (2) until the second, and two (2) until the third biennial election.

The county board of canvassers shall certify the returns of the election to the district court having jurisdiction. If a majority of the votes cast at said election are in favor of the organization, the district court shall declare the district organized and give it a corporate name by which, in all proceedings, it shall thereafter be known, and designated the first board of directors elected, and thereupon the district shall be a governmental subdivision of the state of Idaho and a body corporate with all the powers of a public or quasi-municipal corporation except that districts formed prior to January 1, 1987, or districts with twenty-five thousand (25,000) or more population shall have no power to levy and collect property taxes.

If an order be entered establishing the district, such order shall be deemed final and no appeal or writ of error shall lie therefrom, and the entry of such order shall finally and conclusively establish the regular organization of the said district against all persons except the state of Idaho, in an action in the nature of a writ of quo warranto, commenced by the attorney general within thirty (30) days after said decree declaring such district organized as herein provided, and not otherwise. The organization of said district shall not be directly or collaterally questioned in any suit, action or proceeding except as herein expressly authorized.

History:

[67-4907, added 1959, ch. 137, sec. 7, p. 299; am. 1987, ch. 70, sec. 1, p. 130; am. 1995, ch. 118, sec. 91, p. 502; am. 1998, ch. 21, sec. 3, p. 124; am. 2001, ch. 258, sec. 3, p. 928; am. 2009, ch. 341, sec. 148, p. 1070.]
Idaho Code § 67-5284 — Idaho Code / Title 67 / Chapter 52 / Section 67-5284
67-5284 COOPERATION OF AGENCIES.
Status: in_force

67-5284. COOPERATION OF AGENCIES. No agency or state officer, other than the chief administrative law judge, shall attempt to influence the selection of a hearing officer for a contested case proceeding or any other matter, except mediations, and the chief administrative law judge shall not permit any such influence; provided that agencies and state officers may inform the office of administrative hearings in writing of their views regarding:

(1) Expertise needed or desired with respect to types of potential contested cases;

(2) Proposed rules under consideration for adoption by the office of administrative hearings;

(3) Legislation or rules under consideration or being proposed by the office of administrative hearings;

(4) Legislation or rules under consideration or being proposed by such agencies or state officers; and

(5) Alleged violations of the code of conduct.

History:

[67-5284, added 2022, ch. 287, sec. 9, p. 917; am. 2025, ch. 151, sec. 23, p. 753.]
Idaho Code § 67-8718 — Idaho Code / Title 67 / Chapter 87 / Section 67-8718
67-8718 CREDIT ENHANCEMENT OR LIQUIDITY.
Status: in_force

67-8718. Credit enhancement or liquidity. (1) The authority may enter into agreements to obtain, from a department or agency of the United States or from a nongovernmental financial institution or other entity, insurance, guaranty or other credit enhancement or liquidity for the payment of interest or principal on, or payment of the purchase price on tender of:

(a) Bonds issued by the authority;

(b) Municipal bonds purchased or held by the authority; and

(c) Other municipal bonds as the authority determines to be appropriate.

(2) Agreements as provided in subsection (1) of this section may contain such payment, interest rate, security, default, remedies or other terms and conditions as the authority may determine to be necessary or appropriate.

History:

[67-8718, added 2001, ch. 130, sec. 1, p. 458.]
Idaho Code § 67-7403 — Idaho Code / Title 67 / Chapter 74 / Section 67-7403
67-7403 INITIATION AND OPERATION OF THE LOTTERY.
Status: in_force

67-7403. Initiation and operation of the lottery. The lottery shall be initiated at the earliest feasible and practical time. The lottery shall be operated to produce the maximum amount of net income to benefit the public purposes described in this chapter consonant with the public good. Other state government departments, boards, commissions, agencies and their officers shall cooperate with the lottery to aid the lottery in fulfilling these objectives.

History:

[67-7403, added 1988, ch. 232, sec. 2, p. 446.]
Idaho Code § 67-4735 — Idaho Code / Title 67 / Chapter 47 / Section 67-4735
67-4735 AGREEMENTS REQUIRED AND DISBURSEMENT OF FUNDS.
Status: in_force

67-4735. agreements required and disbursement of funds. (1) Funds may be disbursed from the Idaho opportunity fund only in accordance with this act and rules adopted by the department, and only in accordance with agreements entered into between the department and one (1) or more local governments, and agreements between the local government and a grantee business as set forth herein.

(2) Company performance agreements. An agreement between a local government and a grantee business, in addition to any requirements in rules adopted by the department, may contain the following provisions:

(a) A commitment to create or retain a specified number of jobs within a specified salary range at a specific location;

(b) A commitment regarding the time period in which the jobs will be created or retained and the minimum time period for which the jobs must be maintained;

(c) A commitment to complete the construction related to the agreed upon capital expenditures;

(d) A provision that a reasonable percentage of the total amount of the grant be withheld until specified performance targets are met;

(e) A provision that a reasonable percentage of the total amount of the grant be withheld until the specified number of jobs are maintained for a specified period of time;

(f) A commitment to provide proof satisfactory to the local government and the director of new jobs created or existing jobs retained and the salary level of those jobs;

(g) A provision that funds received under the agreement may be used only for a purpose as authorized by this act;

(h) A provision allowing the director or the local government to inspect all records of the business that may be used to confirm compliance with the agreement or with the requirements of this act;

(i) A provision establishing the method for determining compliance with the agreement;

(j) A provision establishing a schedule for disbursement of funds under the agreement that allows disbursement of funds only in proportion to the amount of performance completed under the agreement;

(k) A provision requiring repayment of grant funds and corresponding terms for repayment, if applicable, in the event a business subsequently fails to comply with the terms of the agreement;

(l) A provision that any repayments of grant funds required if the performance targets are not achieved may be prorated to reflect a partial attainment of job creation or other performance targets; and

(m) Any other lawful provision the director or the local government finds necessary to ensure the proper use of state or local funds.

(3) Local government grant agreement. An agreement between the department and one (1) or more local governments shall contain the following provisions:

(a) A commitment on the part of the local government to match, in whole or in part, the funds allocated by the department. A local match may include, but shall not be limited to, money, fee waivers, in-kind services, donation of assets, the provision of infrastructure or a combination thereof. The director of the department of commerce shall have the authority to waive the local match requirement;

(b) A provision requiring the local government to recapture any funds to which the local government is entitled under the company performance agreement;

(c) A provision requiring repayment from the local government to the department for any funds used for unapproved purposes or disbursed prior to compliance with the company performance agreement or achievement of the job creation or other performance targets;

(d) A provision allowing the department access to all records possessed by the local government necessary to ensure compliance with the company performance agreement and with the requirements of this act;

(e) A provision establishing a schedule for the disbursement of funds from the Idaho opportunity fund to the local government that reflects the disbursement schedule established in the company performance agreement; and

(f) Any other lawful provision the department deems necessary to ensure the proper use of state funds.

(4) Disbursement of funds. Funds may be disbursed from the Idaho opportunity fund to the local government only after the local government has demonstrated that the business has complied with the negotiated terms of the company performance agreement. The department shall disburse funds allocated under the Idaho opportunity fund to a local government in accordance with the disbursement schedule established in the local government grant agreement.

History:

[67-4735, added 2013, ch. 106, sec. 1, p. 249.]
Idaho Code § 67-2351 — Idaho Code / Title 67 / Chapter 23 / Section 67-2351
67-2351 SHORT TITLE.
Status: in_force

67-2351. Short title. This act shall be known and may be cited as the "Energy Facility Site Advisory Act."

History:

[67-2351, added 2007, ch. 164, sec. 1, p. 490.]
Idaho Code § 67-9501 — Idaho Code / Title 67 / Chapter 95 / Section 67-9501
67-9501 LEGISLATIVE FINDINGS AND PURPOSE.
Status: in_force

67-9501. LEGISLATIVE FINDINGS AND PURPOSE. (1) The purpose of this chapter is to promote the availability of all types of compensatory mitigation projects in the state of Idaho, consistent with the provisions of section 404 of the federal clean water act and the regulations promulgated pursuant to it, for the development of projects with unavoidable impacts to wetlands.

(2) In 2008, the United States army corps of engineers and the environmental protection agency issued revised regulations governing compensatory mitigation for impacts to wetlands under section 404 of the federal clean water act, which are contained at 33 CFR parts 325 and 332 and 40 CFR part 230 and referred to as the 2008 compensatory mitigation for losses of aquatic resources rule. These regulations establish equivalent and effective standards for all three (3) types of compensatory mitigation projects: mitigation banks, in-lieu fee mitigation, and permittee-responsible mitigation.

(3) State agencies may review or permit activities associated with applications for United States army corps of engineers section 404 permits and the corps' determinations regarding compensatory mitigation under the mitigation rule.

History:

[(67-9501) 67-9301, added 2019, ch. 206, sec. 1, p. 633; am. and redesig. 2020, ch. 82, sec. 39, p. 213.]
Idaho Code § 67-815 — Idaho Code / Title 67 / Chapter 8 / Section 67-815
67-815 FACILITIES TO BE FURNISHED BY DIRECTOR OF THE BUDGET.
Status: in_force

67-815. Facilities to be furnished by director of the budget. The director of the budget shall, upon request by every governor-elect, furnish the following services and facilities to the governor-elect from moneys set aside in the governor-elect transitional fund:

(1) Suitable office space, furniture, fixtures and equipment;

(2) Payment of salaries and expenses of staff personnel designated by the governor-elect;

(3) Payment of travel expenses for the governor-elect and his staff personnel;

(4) Payment of incidental office expenses, including postage, communications and supplies.

History:

[67-815, added 1969, ch. 42, sec. 3, p. 107.]
Idaho Code § 67-1606 — Idaho Code / Title 67 / Chapter 16 / Section 67-1606
67-1606 IDAHO STATE CAPITOL COMMISSION — CREATION AND APPOINTMENT OF MEMBERS.
Status: in_force

67-1606. Idaho state capitol commission — Creation and appointment of members. (1) There is hereby created within the department of administration the Idaho state capitol commission, hereafter referred to as the commission. The commission shall consist of nine (9) members, six (6) of whom shall be public members. The public members shall be appointed as follows: four (4) members shall be appointed by the governor, one (1) member shall be appointed by the president pro tempore of the senate and one (1) member shall be appointed by the speaker of the house of representatives. Public members shall serve at the pleasure of the appointing authority, or for a term of five (5) years, whichever is shorter. The terms of initial public members shall expire as designated by the governor at the time of appointment: One (1) at the end of one (1) year; one (1) at the end of two (2) years; one (1) at the end of three (3) years; one (1) at the end of four (4) years; and two (2) at the end of five (5) years. A vacancy during the term of a public member shall be filled by the appointing authority for that member. The chairman of the commission shall be appointed by the governor from among the public members of the commission.

(2) The additional three (3) commission members shall be the director of the department of administration, the director of the Idaho state historical society, and the director of the office of legislative services, who shall serve as ex officio, voting members of the commission during their respective terms of office. The director of the department of administration shall serve as secretary of the commission.

(3) The governor, the president pro tempore of the senate and the speaker of the house may, at their discretion, serve as ex officio, nonvoting members of the commission.

History:

[67-1606, added 1998, ch. 306, sec. 2, p. 1009.]
Idaho Code § 67-4737 — Idaho Code / Title 67 / Chapter 47 / Section 67-4737
67-4737 IDAHO REIMBURSEMENT INCENTIVE ACT — SHORT TITLE — LEGISLATIVE INTENT.
Status: in_force

67-4737. IDAHO REIMBURSEMENT INCENTIVE ACT — SHORT TITLE — LEGISLATIVE INTENT. Sections 67-4737 through 67-4744, Idaho Code, shall be known and may be cited as the "Idaho Reimbursement Incentive Act." The Idaho legislature finds that in order to compete more effectively in a national and global marketplace for economic expansion, business retention and job creation, a number of states, including Idaho, have deemed it necessary to create economic-based incentives for the creation of quality jobs. Further, the Idaho legislature desires to create the Idaho reimbursement incentive act to be a performance-based tax reimbursement mechanism available to existing Idaho businesses and new businesses creating jobs in Idaho when the same are in good standing in the state of Idaho.

History:

[67-4737, added 2014, ch. 336, sec. 1, p. 828.]
Idaho Code § 67-9411 — Idaho Code / Title 67 / Chapter 94 / Section 67-9411
67-9411 EVALUATION OF CRIMINAL CONVICTIONS.
Status: in_force

67-9411. evaluation of criminal convictions. (1) A licensing authority shall not deny, suspend, revoke, or discipline a license, certificate, registration, permit, or other authorization to practice a profession or occupation on the basis of a person having a prior conviction of a crime, unless such conviction is currently relevant to the person's fitness to engage in such profession or occupation as determined by the licensing authority. The licensing authority shall make its determination based on consideration of the following factors:

(a) The nature and seriousness of the crime for which the individual was convicted;

(b) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation;

(c) The passage of time since the commission of the crime;

(d) Any evidence of rehabilitation or treatment undertaken by the individual; and

(e) Any other relevant factor.

(2) A licensing authority shall not deny, suspend, revoke, or discipline a license, certificate, registration, permit, or other authorization to practice a profession or occupation on the basis of vague or generic terminology related to a criminal conviction, including but not limited to "moral turpitude" or "moral character." Where such terms appear in code or rule with respect to a criminal conviction, a licensing authority shall conduct a relevancy evaluation pursuant to subsection (1) of this section.

(3) In lieu of denying licensure to an applicant based on a prior criminal conviction, a licensing authority may, after considering the factors as set forth in subsection (1) of this section, issue conditional licensure for a period of one (1) year. Upon successful completion of the probational conditions, the licensing authority shall issue a full, unrestricted license. Any failure to successfully complete the probational conditions shall result in revocation of the conditional licensure and denial of full, unrestricted licensure.

History:

[67-9411, added 2020, ch. 175, sec. 1, p. 505; am. 2023, ch. 124, sec. 3, p. 358.]
Idaho Code § 67-6613 — Idaho Code / Title 67 / Chapter 66 / Section 67-6613
67-6613 COMMERCIAL REPORTING.
Status: in_force

67-6613. Commercial reporting. Each newspaper, periodical, broadcasting station, direct mailing company, printer and advertising agency which accepts expenditures from a political treasurer shall keep a current record (available to the public) listing the amounts paid and the obligations incurred by each candidate, political committee or political treasurer to such newspaper, periodical, broadcasting station, direct mailing company, printer or advertising agency.

History:

[67-6613, added Init. Measure 1974, No. 1, sec. 13.]
Idaho Code § 67-6535 — Idaho Code / Title 67 / Chapter 65 / Section 67-6535
67-6535 APPROVAL OR DENIAL OF ANY APPLICATION TO BE BASED UPON EXPRESS STANDARDS AND TO BE IN WRITING.
Status: in_force

67-6535. Approval or denial of any application to be based upon EXPRESS standards and to be in writing. (1) The approval or denial of any application required or authorized pursuant to this chapter shall be based upon standards and criteria which shall be set forth in the comprehensive plan, zoning ordinance or other appropriate ordinance or regulation of the city or county. Such approval standards and criteria shall be set forth in express terms in land use ordinances in order that permit applicants, interested residents and decision makers alike may know the express standards that must be met in order to obtain a requested permit or approval. Whenever the nature of any decision standard or criterion allows, the decision shall identify aspects of compliance or noncompliance with relevant approval standards and criteria in the written decision.

(2) The approval or denial of any application required or authorized pursuant to this chapter shall be in writing and accompanied by a reasoned statement that explains the criteria and standards considered relevant, states the relevant contested facts relied upon, and explains the rationale for the decision based on the applicable provisions of the comprehensive plan, relevant ordinance and statutory provisions, pertinent constitutional principles and factual information contained in the record.

(a) Failure to identify the nature of compliance or noncompliance with express approval standards or failure to explain compliance or noncompliance with relevant decision criteria shall be grounds for invalidation of an approved permit or site-specific authorization, or denial of same, on appeal.

(b) Any applicant or affected person seeking judicial review of compliance with the provisions of this section must first seek reconsideration of the final decision within fourteen (14) days. Such written request must identify specific deficiencies in the decision for which reconsideration is sought. Upon reconsideration, the decision may be affirmed, reversed or modified after compliance with applicable procedural standards. A written decision shall be provided to the applicant or affected person within sixty (60) days of receipt of the request for reconsideration or the request is deemed denied. A decision shall not be deemed final for purposes of judicial review unless the process required in this subsection has been followed. The twenty-eight (28) day time frame for seeking judicial review is tolled until the date of the written decision regarding reconsideration or the expiration of the sixty (60) day reconsideration period, whichever occurs first.

(3) It is the intent of the legislature that decisions made pursuant to this chapter should be founded upon sound reason and practical application of recognized principles of law. In reviewing such decisions, the courts of the state are directed to consider the proceedings as a whole and to evaluate the adequacy of procedures and resultant decisions in light of practical considerations with an emphasis on fundamental fairness and the essentials of reasoned decision making. Only those whose challenge to a decision demonstrates actual harm or violation of fundamental rights, not the mere possibility thereof, shall be entitled to a remedy or reversal of a decision. Every final decision rendered concerning a site-specific land use request shall provide or be accompanied by notice to the applicant regarding the applicant's right to request a regulatory taking analysis pursuant to section 67-8003, Idaho Code. An applicant denied an application or aggrieved by a final decision concerning matters identified in section 67-6521(1)(a), Idaho Code, may, within twenty-eight (28) days after all remedies have been exhausted under local ordinance, seek judicial review under the procedures provided by chapter 52, title 67, Idaho Code. An appeal shall be from the final decision and not limited to issues raised in the request for reconsideration.

History:

[67-6535, added 1982, ch. 129, sec. 2, p. 371; am. 1999, ch. 396, sec. 17, p. 1111; am. 2003, ch. 142, sec. 8, p. 416; am. 2010, ch. 175, sec. 4, p. 362; am. 2013, ch. 216, sec. 3, p. 509.]
Idaho Code § 67-5907A — Idaho Code / Title 67 / Chapter 59 / Section 67-5907A
67-5907A COMPLIANCE WITH THE IDAHO TORT CLAIMS ACT.
Status: in_force

67-5907A. Compliance with the Idaho tort claims act. Compliance with section 67-5907(1), Idaho Code, satisfies the notice requirements of sections 6-905 and 6-906, Idaho Code, as to the allegations of the administrative complaint arising under chapter 59, title 67, Idaho Code.

History:

[67-5907A, added 1998, ch. 155, sec. 2, p. 531.]
Idaho Code § 67-8903 — Idaho Code / Title 67 / Chapter 89 / Section 67-8903
67-8903 DEFINITIONS.
Status: in_force

67-8903. Definitions. When used in this chapter, the following terms shall have the following meanings:

(1) "Authority" means the Idaho energy resources authority created pursuant to section 67-8904, Idaho Code.

(2) "Board" means the board of directors of the authority.

(3) "Bonds" means any bonds, notes, certificates or other obligations or evidences of indebtedness issued by the authority.

(4) "Clean energy" means energy derived from biogas, biomass, hydrogen, waste heat, manufacturing process byproducts, hydroelectric, geothermal, nuclear, solar, or wind resources, or any other noncarbon dioxide emitting source.

(5) "Clean energy generation project" means:

(a) An electric generating facility or system that uses clean energy as a source of energy to generate electricity; and

(b) Battery and other energy storage facilities.

(6) "Commission" means the Idaho public utilities commission created pursuant to section 61-201, Idaho Code.

(7) "Electric cooperative" means a cooperative corporation or association that is:

(a) Organized under the provisions of section 501(c)(12) or 1381 of the Internal Revenue Code;

(b) An Idaho nonprofit corporation pursuant to chapter 30, title 30, Idaho Code; and

(c) An operating entity or successor entity thereof that owns facilities and provides electric service to customers in Idaho as of the effective date of this chapter.

(8) "Facility" means any facility necessary, used or useful in connection with the generation, transmission or distribution of electric power and energy and any clean energy generation project, in each case including but not limited to all real and personal property, fuel supplies and transportation facilities, pollution control facilities, battery and other energy storage facilities, and all equipment and improvements necessary or desirable in connection with a facility. "Facility" shall include facilities owned in whole or in part by the authority or a participating utility, including undivided ownership interests in facilities, leasehold interests in facilities and other estates, but excludes a generating facility that sells any portion of its output as a qualifying facility to a participating utility under provisions of the public utility regulatory policies act of 1978, 16 U.S.C. section 2601 et seq.

(9) "Independent power producer" means any public or private corporation that is not itself a participating utility, but which may be an affiliate of a participating utility, that develops any clean energy generation project undertaken by the authority pursuant to this chapter.

(10) "Participating utility" means, with respect to any facilities undertaken by the authority pursuant to this chapter, any public or private corporation, electric cooperative or other cooperative corporation or association, municipal corporation, political subdivision of this state or another state, state or federal agency, joint operating entity or other entity that:

(a) Owns and operates an electric utility system that provides electric services to consumers of electricity located in an existing service area within the boundaries of this state;

(b) Provides electric generation, power supply, transmission and/or ancillary and related services at wholesale to one (1) or more participating utilities described in paragraph (a) of this subsection; or

(c) Is organized or operates as a regional transmission organization covering all or any part of the state of Idaho and one (1) or more other states.

(11) "Revenues" means all receipts, purchase payments, loan repayments, lease payments, rents, fees and charges, and all other income or receipts derived by the authority from a participating utility.

History:

[67-8903, added 2005, ch. 53, sec. 1, p. 193; am. 2005, ch. 311, sec. 2, p. 965; am. 2007, ch. 107, sec. 1, p. 310; am. 2017, ch. 58, sec. 36, p. 132; am. 2023, ch. 24, sec. 2, p. 135.]
Idaho Code § 67-1005 — Idaho Code / Title 67 / Chapter 10 / Section 67-1005
67-1005 OFFICIAL BOND.
Status: in_force

67-1005. Official bond. The state controller must be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.

History:

[(67-1005) R.S., sec. 222; am. R.C., sec. 115; reen. C.L., sec. 115; C.S., sec. 155; I.C.A. sec. 65-914; I.C., sec. 67-1015; am. 1971, ch. 136, sec. 40, p. 522; am. and redeisg. 1994, ch. 181, sec. 11, p. 583.]
Idaho Code § 67-2014 — Idaho Code / Title 67 / Chapter 20 / Section 67-2014
67-2014 CERTIFICATION OF CLAIM BY CONTROLLER.
Status: in_force

67-2014. Certification of claim by controller. On all claims submitted to the state board of examiners for their action, the state controller must certify that the claim is in proper form, that the totals carried thereon are correct, that receipts when required by law or regulation of the board covering items for which reimbursement is asked are submitted therewith, and that, subject to the provisions of section 67-1212, Idaho Code, there are moneys in the state treasury out of which the same may be lawfully paid.

History:

[(67-2014) R.C., sec. 145h, as added by 1913, ch. 15, sec. 3, p. 57; reen. C.L. 11:10; C.S., sec. 239; am. 1927, ch. 201, sec. 6, p. 279; I.C.A., sec. 65-2013; am. 1976, ch. 42, sec. 31, p. 108; am. 1994, ch. 180, sec. 189, p. 542.]
Idaho Code § 67-5223 — Idaho Code / Title 67 / Chapter 52 / Section 67-5223
67-5223 INTERIM LEGISLATIVE REVIEW — STATEMENT OF ECONOMIC IMPACT.
Status: in_force

67-5223. Interim legislative review — Statement of economic impact. (1) After notice of proposed rulemaking is filed with the coordinator, the coordinator, after making technical corrections as authorized in section 67-5202, Idaho Code, shall provide the notice, accompanied by the full text of the rule under consideration in legislative format, as well as a statement of the substance of the intended action, to the director of legislative services. If the proposed rulemaking is based upon a requirement of federal law or regulation, a copy of that specific federal law or regulation shall accompany the submission to the director of legislative services. The director of legislative services shall analyze and refer the material under consideration to the germane joint subcommittee created in section 67-454, Idaho Code.

(2) An agency shall prepare and deliver to the germane joint subcommittee a statement of economic impact with respect to a proposed rule if the germane joint subcommittee files a written request with the agency for such a statement. The statement shall contain an evaluation of the costs and benefits of the rule, including any health, safety, or welfare costs and benefits.

(3) An agency shall prepare for inclusion with the filing of the proposed rule change a statement of economic impact on all proposed rules in which a fee or charge is imposed or increased. The cost/benefit analysis shall include reasonably estimated costs to the agency to implement the rule and the reasonably estimated costs borne by citizens, or the private sector or both. The adequacy of the contents of the statement of economic impact in subsections (1) and (2) of this section is not subject to judicial review and the accuracy of a fiscal impact statement provided pursuant to this subsection shall not affect the validity or the enforceability of the rule.

(4) An agency proposing to adopt amendments to materials previously incorporated by reference in a rule shall prepare for inclusion with the filing of the proposed rule change a brief written synopsis that details the substantive differences between the previously incorporated material and the latest revised edition or version of the incorporated material being proposed for incorporation by reference. This synopsis shall accompany the submission to the director of legislative services and shall be provided to the germane joint subcommittee created in section 67-454, Idaho Code.

History:

[67-5223, added 1992, ch. 263, sec. 13, p. 797; am. 1994, ch. 271, sec. 3, p. 835; am. 1996, ch. 159, sec. 24, p. 527; am. 1999, ch. 21, sec. 2, p. 30; am. 2008, ch. 183, sec. 2, p. 555; am. 2010, ch. 280, sec. 1, p. 756; am. 2016, ch. 367, sec. 1, p. 1077.]
Idaho Code § 67-906 — Idaho Code / Title 67 / Chapter 9 / Section 67-906
67-906 ELECTRONIC FILING SYSTEM — REQUIREMENTS — RULES.
Status: in_force

67-906. electronic filing system — requirements — rules. (1) The secretary of state may develop and implement a statewide electronic filing system to accommodate the electronic filing of records and documents that are required to be filed in the office of the secretary of state. If the secretary of state develops and implements a statewide electronic filing system under this section:

(a) The secretary of state shall establish a central database for all records and documents filed electronically with the secretary of state;

(b) The secretary of state may require users of the system to provide personal information, such as a user email address, physical address, or phone number, in order for the user to create an account from which the user can access the statewide electronic filing system. Such personal information gathered by the secretary of state for user account purposes shall be exempt from public disclosure as outlined in section 74-106(34), Idaho Code, except that campaign contact phone numbers for candidates or committees contained in declarations of candidacy shall be made publicly available upon request;

(c) The secretary of state may adopt rules that:

(i) Provide procedures for entering data;

(ii) Provide security and protection of information in the system and monitor the database and other components of the system to ensure that unauthorized entry is prevented;

(iii) Require standardized information for entry into the system;

(iv) Prescribe an identification procedure for a person filing records or other documents or otherwise accessing the system; and

(v) Require each individual who is required to sign a document that is filed electronically to be specifically identified as acknowledging the document and giving assent to the electronic filing through an identification procedure unique to that individual.

(d) All records filed and recorded in the statewide electronic filing system are subject to the same requirements as if those records had been filed in paper form, subject to the provisions of the uniform electronic transactions act, chapter 50, title 28, Idaho Code.

(2) All persons filing records in any type of electronic filing system established by the secretary of state are subject to the same civil and criminal penalties applicable to a person who would otherwise file the same record in a nonelectronic format.

History:

[67-906, added 2017, ch. 146, sec. 1, p. 352; am. 2022, ch. 305, sec. 4, p. 966.]
Idaho Code § 67-2602 — Idaho Code / Title 67 / Chapter 26 / Section 67-2602
67-2602 ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES.
Status: in_force

67-2602. ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES. The division of occupational and professional licenses shall be headed by an administrator appointed by the governor and who shall serve at the pleasure of the governor.

History:

[67-2602, added 2021, ch. 224, sec. 4, p. 662.]
Idaho Code § 67-837 — Idaho Code / Title 67 / Chapter 8 / Section 67-837
67-837 RESPONSIBILITY FOR QUALITY.
Status: in_force

67-837. RESPONSIBILITY FOR QUALITY. In regard to any obligation on any state agency or other entity to provide records to the office of information technology services pursuant to section 67-835 or 67-836, Idaho Code, the obligation for quality remains with the originator and does not transfer to the office of information technology services by virtue of its receipt or by integration or other use of such records.

History:

[67-837, added 2018, ch. 258, sec. 12, p. 615.]
Idaho Code § 67-1204 — Idaho Code / Title 67 / Chapter 12 / Section 67-1204
67-1204 MONEY TO BE KEPT IN OFFICE — PENALTY.
Status: in_force

67-1204. Money to be kept in office — Penalty. (1) All state moneys in the custody of the state treasurer not otherwise deposited or invested as is or may be provided by law shall be kept in a secure location in the office of the state treasurer.

(2) A violation of this section shall subject the state treasurer, upon conviction thereof, to pay a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), or to imprisonment in the state prison for a period of not less than one (1) nor more than ten (10) years, or to both such fine and imprisonment.

History:

[(67-1204) Based on 1905, p. 31, sec. 1; compiled and reen. R.C., sec. 118a; reen. C.L., sec. 118a; C.S., sec. 160; I.C.A., sec. 65-1104; am. 1980, ch. 84, sec. 3, p. 186; am. 2007, ch. 41, sec. 2, p. 102; am. 2019, ch. 314, sec. 1, p. 938.]
Idaho Code § 67-4511 — Idaho Code / Title 67 / Chapter 45 / Section 67-4511
67-4511 STATE VEGETABLE DESIGNATED.
Status: in_force

67-4511. State vegetable designated. The potato is hereby designated and declared to be the state vegetable of the state of Idaho.

History:

[67-4511, added 2002, ch. 77, sec. 2, p. 175.]
Idaho Code § 67-4918 — Idaho Code / Title 67 / Chapter 49 / Section 67-4918
67-4918 INCLUSION OF PROPERTY PETITIONED — HEARING — ORDER.
Status: in_force

67-4918. Inclusion of property petitioned — Hearing — Order. The boundaries of any district organized under the provisions of this act may be changed in the manner herein prescribed, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever, except that no district organized prior to January 1, 1987, shall ever have the power to levy and collect property taxes, even though the boundaries of the district may be adjusted to reduce the population of the district to less than one hundred thousand (100,000); nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any such change of boundaries not been made; and provided further, no auditorium district established after July 1, 2001, shall levy or impose a type of tax not authorized in the petition.

History:

[67-4918, added 1959, ch. 137, sec. 18, p. 299; am. 1987, ch. 70, sec. 11, p. 136; am. 2001, ch. 258, sec. 7, p. 931.]
Idaho Code § 67-6615 — Idaho Code / Title 67 / Chapter 66 / Section 67-6615
67-6615 INSPECTION BY SECRETARY OF STATE AND COUNTY CLERKS.
Status: in_force

67-6615. Inspection by secretary of state and county clerks. (1) It is the intent of the legislature to consolidate filings for all offices and measures in a central online database established by the secretary of state.

(2) The secretary of state shall inspect each 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, within two (2) days after the date it is filed. He shall notify a person required to file a statement under this chapter immediately if:

(a) It appears that the person has failed to file a statement as required by law or that a statement filed by the person does not conform to law; or

(b) A written complaint is filed with the secretary of state or county clerk by any registered voter alleging that a statement filed with the secretary of state does not conform to law or to the truth or that a person has failed to file a statement required by law.

History:

[67-6615, added Init. Measure 1974, No. 1, sec. 15; am. 2019, ch. 288, sec. 12, p. 840.]
Idaho Code § 67-3011 — Idaho Code / Title 67 / Chapter 30 / Section 67-3011
67-3011 NONCOMPLIANCE WITH REPORTING REQUIREMENTS.
Status: in_force

67-3011. Noncompliance with reporting requirements. (1) If any criminal justice agency subject to the fingerprinting and reporting requirements under section 67-3005, Idaho Code, fails to comply with such requirements, the director may order the bureau to deny the agency access to criminal history records until the agency comes into compliance with reporting requirements prescribed by this chapter.

(2) On the request of a criminal justice agency, the department may provide the agency with technical staff assistance to achieve or maintain compliance with reporting requirements.

History:

[67-3011, added 1999, ch. 249, sec. 2, p. 645.]
Idaho Code § 67-5710 — Idaho Code / Title 67 / Chapter 57 / Section 67-5710
67-5710 PERMANENT BUILDING FUND ADVISORY COUNCIL — APPROVAL OF USE OF FUND — DUTIES OF ADMINISTRATOR OF PUBLIC WORKS.
Status: in_force

67-5710. Permanent building fund advisory council — Approval of use of fund — Duties of administrator of public works. There is hereby created in the division of public works a permanent building fund advisory council which shall be appointed by the governor. This council shall be composed of one (1) member of the senate, one (1) member of the house of representatives, a citizen engaged in the contracting business, a citizen engaged in the banking business, and a citizen who is a member of the business community not engaged in contracting or banking. The senate member and house of representative member shall be appointed for a fixed term of two (2) years. All other council members shall be appointed for a fixed term of three (3) years. The terms of office of members of the council holding office prior to July 1, 1996, shall expire on the following dates: contracting business member on July 1, 1996; senate member and house of representative member on December 1, 1996; business community member on July 1, 1997; and banking member on July 1, 1998. On or after July 1, 1996, the governor shall appoint members of the council as terms of existing members expire. All members of the council shall serve at the pleasure of the governor. The administrator of public works and the responsible heads of the agencies for which appropriations for construction, renovations, remodelings or repairs are made pursuant to chapter 11, title 57, Idaho Code, shall consult, confer and advise with the permanent building fund advisory council in connection with all decisions concerning the administration of these appropriations and the planning and construction or execution of work or works pursuant thereto. The approval of the permanent building fund advisory council shall be a condition precedent to the undertaking of planning or construction.

The administrator of public works is hereby directed to work in close cooperation with the responsible heads of institutions and agencies for which appropriations are made herein and no building proposals shall be approved by the administrator of public works nor any planning or work undertaken by that officer pursuant to these appropriations without the prior approval of the responsible chief officer of the institutions and agencies for whom appropriations are made herein.

History:

[67-5710, added I.C., sec. 67-5710, as added by 1974, ch. 34, sec. 2, p. 988; am. 1996, ch. 200, sec. 1, p. 621.]
Idaho Code § 67-2024 — Idaho Code / Title 67 / Chapter 20 / Section 67-2024
67-2024 BOARD MAY ADOPT POLICIES AND PROCEDURES.
Status: in_force

67-2024. Board may adopt policies and procedures. The board may adopt such policies and procedures for the conduct of its business as it may deem desirable, not inconsistent with law.

History:

[(67-2024) 1890-1891, p. 45, sec. 5; reen. 1899, p. 24, sec. 5; reen. R.C., sec. 148; reen. C.L. 11:15; C.S., sec. 248; I.C.A., sec. 65-2023; am. 2003, ch. 31, sec. 1, p. 114.]
Idaho Code § 67-7411 — Idaho Code / Title 67 / Chapter 74 / Section 67-7411
67-7411 CONTRACTING WITH LOTTERY GAME RETAILERS.
Status: in_force

67-7411. Contracting with lottery game retailers. The commission shall promulgate rules and regulations specifying the terms and conditions for contracting with lottery game retailers to provide availability of tickets or shares to prospective buyers of each lottery game.

A lottery game retailer contract shall not be entered into if there is substantial evidence that the prospective lottery game retailer has had a license or contract to sell lottery tickets or shares suspended or revoked in another state or jurisdiction, or has knowingly made a false statement of material fact to the lottery.

History:

[67-7411, added 1988, ch. 232, sec. 2, p. 451.]
Idaho Code § 67-3536 — Idaho Code / Title 67 / Chapter 35 / Section 67-3536
67-3536 MEDICAID MANAGEMENT INFORMATION SYSTEMS DEDICATED FUND.
Status: in_force

67-3536. medicaid management information systems dedicated fund. There is hereby created in the state treasury a fund to be known as the medicaid management information systems dedicated fund. In fiscal year 2023, general fund moneys reflected in the medicaid division's supplemental budget request and remaining in the cooperative welfare fund from appropriations made to the medicaid division will be transferred to the medicaid management information systems dedicated fund at the close of the fiscal year or as soon as possible thereafter. The interest earned on moneys in the medicaid management information systems dedicated fund shall be retained by such fund. Moneys in such fund are intended only for the purpose of procurement, design, development, and installation of medicaid management information systems and may be expended only pursuant to appropriation. Any unexpended moneys remaining in such fund after December 31, 2031, shall revert to the general fund.

History:

[67-3536, added 2023, ch. 154, sec. 1, p. 418.]
Idaho Code § 67-5303 — Idaho Code / Title 67 / Chapter 53 / Section 67-5303
67-5303 APPLICATION TO STATE EMPLOYEES.
Status: in_force

67-5303. Application to state employees. All departments of the state of Idaho and all employees in such departments, except those employees specifically defined as nonclassified, shall be classified employees who are subject to this chapter and to the system of personnel administration it prescribes. All nonclassified employees are subject to conformity with classified positions as set forth in section 59-1603, Idaho Code. Nonclassified employees shall be:

(a) Members of the state legislature and all other officers of the state of Idaho elected by popular vote and persons appointed to fill vacancies in elective offices and employees of the state legislature.

(b) Members of statutory boards and commissions and heads of departments appointed by and serving at the pleasure of the governor, deputy directors appointed by the director of a department, and members of advisory boards and councils appointed by the departments.

(c) All employees and officers in the office, and at the residence, of the governor; and all employees and officers in the offices of the lieutenant governor, secretary of state, attorney general, state treasurer, state controller, and state superintendent of public instruction.

(d) Except as otherwise provided by law, one (1) declared position designated by the appointing authority of a participating department, in addition to those declared to be nonclassified by other provisions of law.

(e) Part-time professional consultants who are paid on a fee basis for any form of legal, medical, or other professional service and who are not engaged in the performance of administrative duties for the state.

(f) Judges, temporary referees, receivers, and jurors.

(g) All employees of the Idaho supreme court, Idaho court of appeals, and district courts.

(h) All employees of the Idaho state bar.

(i) Assistant attorneys general attached to the office of the attorney general.

(j) Officers, members of the teaching staffs of state higher educational institutions, the professional staffs of the office of the state board of education and the Idaho department of education administered by the board of regents and the board of education, all professional staff of the public charter school commission, and the professional staffs of the Idaho division of career technical education and vocational rehabilitation administered by the state board for career technical education. "Teaching staff" includes teachers, coaches, resident directors, librarians, and those principally engaged in academic research. The word "officer" means presidents, vice presidents, deans, directors, or employees in positions designated by the state board who receive an annual salary of not less than step A of the pay grade equivalent to three hundred fifty-five (355) Hay points in the state compensation schedule. In consultation with the Idaho division of human resources, the state board of education shall implement policies and procedures for nonclassified employees to conform with section 59-1603, Idaho Code.

(k) Employees of the military division.

(l) Patients, inmates, or students employed in a state institution.

(m) Temporary employees.

(n) All employees and officers of the following named commodity commissions, and all employees and officers of any commodity commission created hereafter: the Idaho potato commission, as provided in chapter 12, title 22, Idaho Code; the Idaho honey commission, as provided in chapter 28, title 22, Idaho Code; the Idaho bean commission, as provided in chapter 29, title 22, Idaho Code; the Idaho hop grower's commission, as provided in chapter 31, title 22, Idaho Code; the Idaho wheat commission, as provided in chapter 33, title 22, Idaho Code; the Idaho pea and lentil commission, as provided in chapter 35, title 22, Idaho Code; the Idaho apple commission, as provided in chapter 36, title 22, Idaho Code; the Idaho cherry commission, as provided in chapter 37, title 22, Idaho Code; the Idaho mint commission, as provided in chapter 38, title 22, Idaho Code; the Idaho sheep and goat health board, as provided in chapter 1, title 25, Idaho Code; the state brand inspector, and all district supervisors, as provided in chapter 11, title 25, Idaho Code; the Idaho beef council, as provided in chapter 29, title 25, Idaho Code; and the Idaho dairy products commission, as provided in chapter 31, title 25, Idaho Code.

(o) All inspectors of the fresh fruit and vegetable inspection service of the Idaho department of agriculture, except those positions involved in the management of the program.

(p) All employees of correctional industries within the department of correction.

(q) All deputy administrators and wardens employed by the department of correction. Deputy administrators are defined as only the deputy administrators working directly for the nonclassified division administrators under the director of the department of correction.

(r) All public information positions, with the exception of secretarial positions, in any department.

(s) Any division administrator and all executive employees.

(t) Any regional administrator or division administrator in the department of environmental quality.

(u) All employees of the division of financial management, all employees of the office of species, minerals, and energy coordination, and all employees of the office of drug policy.

(v) All employees of the Idaho food quality assurance institute.

(w) All employees of the office of the state appellate public defender, pursuant to chapter 59, title 19, Idaho Code, and the office of the state public defender, pursuant to chapter 60, title 19, Idaho Code.

(x) All quality assurance specialists or medical investigators of the Idaho board of medicine.

(y) All pest survey and detection employees and their supervisors hired specifically to carry out activities under the Idaho plant pest act, chapter 20, title 22, Idaho Code, including but not limited to pest survey, detection, and eradication, except those positions involved in the management of the program.

(z) All medical directors employed by the department of health and welfare who are engaged in the practice of medicine, as defined by section 54-1803, Idaho Code, at a state hospital or other treatment facility managed and operated by the department of health and welfare.

(aa) All hearing officers and all other employees of the office of administrative hearings, as provided for in chapter 52, title 67, Idaho Code.

(bb) All attorneys employed by the division of occupational and professional licenses.

History:

[67-5303, added 1965, ch. 289, sec. 3, p. 746; am. 1969, ch. 171, sec. 1, p. 510; am. 1971, ch. 121, sec. 1, p. 405; am. 1972, ch. 389, sec. 1, p. 1121; am. 1973, ch. 175, sec. 1, p. 385; am. 1973, ch. 307, sec. 1, p. 667; am. 1975, ch. 164, sec. 2, p. 434; am. 1976, ch. 367, sec. 1, p. 1205; am. 1979, ch. 198, sec. 1, p. 573; am. 1981, ch. 133, sec. 2, p. 225; am. 1981, ch. 156, sec. 1, p. 267; am. 1983, ch. 5, sec. 1, p. 19; am. 1986, ch. 133, sec. 2, p. 346; am. 1986, ch. 204, sec. 1, p. 509; am. 1991, ch. 66, sec. 1, p. 160; am. 1991, ch. 216, sec. 1, p. 519; am. 1993, ch. 77, sec. 1, p. 204; am. 1994, ch. 180, sec. 219, p. 556; am. 1995, ch. 365, sec. 4, p. 1278; am. 1997, ch. 302, sec. 2, p. 900; am. 1998, ch. 221, sec. 1, p. 762; am. 1998, ch. 389, sec. 8, p. 1193; am. 1999, ch. 17, sec. 1, p. 24; am. 1999, ch. 329, sec. 27, p. 866; am. 2001, ch. 38, sec. 1, p. 72; am. 2001, ch. 103, sec. 101, p. 341; am. 2002, ch. 188, sec. 1, p. 541; am. 2002, ch. 192, sec. 1, p. 551; am. 2008, ch. 89, sec. 1, p. 247; am. 2011, ch. 30, sec. 1, p. 72; am. 2012, ch. 117, sec. 26, p. 332; am. 2015, ch. 124, sec. 9, p. 316; am. 2016, ch. 25, sec. 45, p. 61; am. 2016, ch. 33, sec. 1, p. 82; am. 2018, ch. 120, sec. 1, p. 256; am. 2022, ch. 60, sec. 8, p. 190; am. 2022, ch. 112, sec. 4, p. 404; am. 2023, ch. 7, sec. 2, p. 16; am. 2023, ch. 182, sec. 6, p. 500; am. 2023, ch. 218, sec. 28, p. 653; am. 2023, ch. 220, sec. 34, p. 679; am. 2024, ch. 270, sec. 7, p. 941; am. 2025, ch. 85, sec. 1, p. 400; am. 2025, ch. 197, sec. 1, p. 902; am. 2026, ch. 66, sec. 14, p. 286; am. 2026, ch. 184, sec. 8, p. 831.]
Idaho Code § 67-6424 — Idaho Code / Title 67 / Chapter 64 / Section 67-6424
67-6424 INCONSISTENCY WITH OTHER LAWS.
Status: in_force

67-6424. Inconsistency with other laws. Insofar as the provisions of this act are inconsistent with the provisions of any other law, general, specific or local, the provisions of this act shall be controlling.

History:

[67-6424, added 1974, ch. 111, sec. 25, p. 1263.]
Idaho Code § 67-9601 — Idaho Code / Title 67 / Chapter 96 / Section 67-9601
67-9601 DAYLIGHT SAVING TIME.
Status: in_force

67-9601. daylight saving time. At such time as the state of Washington makes daylight saving time the permanent time of the state and all of its political subdivisions, those areas of the state of Idaho that are in the Pacific time zone shall also make daylight saving time the permanent time of those areas of the state of Idaho and all of those political subdivisions located within those areas.

History:

[67-9601, added 2020, ch. 145, sec. 1, p. 447.]
Idaho Code § 67-7708 — Idaho Code / Title 67 / Chapter 77 / Section 67-7708
67-7708 LIMIT ON SESSIONS AND BINGO PRIZES.
Status: in_force

67-7708. Limit on sessions and bingo prizes. The number of sessions or games of bingo conducted or sponsored by a charitable or nonprofit organization shall be limited to three (3) sessions per week and such sessions shall not exceed a period of eight (8) hours per day. The maximum prize that may be offered or paid for any one (1) game of bingo, and the maximum aggregate amount of prizes that may be offered or paid for any one (1) session of bingo, shall be set by rule of the state lottery commission.

History:

[(67-7708) 67-7704, added 1993, ch. 391, sec. 2, p. 1450; am. and redesig. 1995, ch. 350, sec. 7, p. 1156; am. 2013, ch. 251, sec. 6, p. 614.]
Idaho Code § 67-7033 — Idaho Code / Title 67 / Chapter 70 / Section 67-7033
67-7033 PENALTIES.
Status: in_force

67-7033. Penalties. (1) Unless otherwise specifically provided, any person who shall violate any of the provisions of this chapter or any rule promulgated by the department pursuant to this chapter shall be guilty of an infraction and be punished as provided in section 18-111, Idaho Code.

(2) Any person who shall be convicted of any second or subsequent violation of any of the provisions of law in addition to any other penalties authorized herein shall be required to attend and successfully complete a course on safe boating approved by the state boating law administrator and may, at the discretion of the court, be refused the privilege of operating any vessel on any of the waters of this state for a period not to exceed two (2) years.

(3) Any person who shall operate any vessel during the period when he has been denied the privilege to so operate by virtue of subsection (2) of this section, shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than three hundred dollars ($300), or by imprisonment of not more than thirty (30) days, or by both such fine and imprisonment.

(4) Any manufacturer who shall violate the provisions of this chapter with respect to the obligation for the installation of capacity of certification plates shall be guilty of an infraction, and upon being found to have committed the infraction, shall be punished as provided in section 18-111, Idaho Code, and each failure to affix a capacity or certification plate as provided in this chapter shall constitute a separate offense for each vessel with respect to which the failure occurs.

(5) Any person who pleads guilty to or is found guilty of violating the provisions of section 67-7016, 67-7017, 67-7025, 67-7026 or 67-7027, Idaho Code, shall be guilty of a misdemeanor and may be fined not more than three hundred dollars ($300), imprisoned for a period not to exceed thirty (30) days, or by both such fine and imprisonment.

(6) Any person who pleads guilty to or is found guilty of violating the provisions of section 67-7034, Idaho Code, shall be guilty of a misdemeanor and:

(a) May be fined an amount not to exceed one thousand dollars ($1,000);

(b) May be imprisoned for a period not to exceed six (6) months; and

(c) Shall be required to attend and successfully complete a course on safe boating approved by the designated state boating law administrator.

History:

[67-7033, added 1986, ch. 207, sec. 2, p. 530; am. 1997, ch. 101, sec. 2, p. 234; am. 1997, ch. 216, sec. 2, p. 638; am. 2001, ch. 159, sec. 1, p. 567.]
Idaho Code § 67-2005 — Idaho Code / Title 67 / Chapter 20 / Section 67-2005
67-2005 VOUCHER FORMS.
Status: in_force

67-2005. Voucher forms. It is the duty of the state controller to prescribe forms of vouchers on which all requests for expenditure of state moneys must be submitted, and when such forms of vouchers have been prescribed no request for expenditure of state moneys shall be received and filed by the state controller unless the same shall be presented on the proper form.

History:

[(67-2005) R.C., sec. 145b, as added by 1913, ch. 15, sec. 3, p. 56; am. C.L. 11:4; C.S., sec. 233; I.C.A., sec. 65-2004; am. 1976, ch. 42, sec. 27, p. 106; am. 1994, ch. 180, sec. 186, p. 542.]
Idaho Code § 67-1084 — Idaho Code / Title 67 / Chapter 10 / Section 67-1084
67-1084 DUTIES OF OFFICERS TO ASSIST STATE CONTROLLER.
Status: in_force

67-1084. Duties of officers to assist state controller. To enable the state controller to properly perform the services herein required of him, the county commissioners and officers of the several counties, the state treasurer and all other county and state officers, shall afford all reasonable and needed facilities to the state controller. All officers and employees of the counties, herein referred to shall make returns and exhibits to the state controller, under oath, in such form, and at such time or times, as he shall prescribe.

History:

[(67-1084) 1905, p. 388, sec. 9; am. R.C., sec. 178; am. C.L. 12:9; C.S., sec. 293; am. 1923, ch. 164, sec. 8, p. 246; I.C.A., sec. 65-2610; I.C., sec. 67-2712; I.C., sec. 67-1029 as changed and amended by 1974, ch. 24, sec. 6, p. 747; am. and redesig. 1994, ch. 181, sec. 34, p. 590.]
Idaho Code § 67-5750 — Idaho Code / Title 67 / Chapter 57 / Section 67-5750
67-5750 POSTAGE APPROPRIATIONS — RECORDS OF DEPARTMENTAL MAIL KEPT THROUGH CENTRAL POSTAL SYSTEM — EXCEPTION.
Status: in_force

67-5750. Postage appropriations — Records of departmental mail kept through central postal system — Exception. The central postal system chief, under the direction of the department of administration, shall cause to be metered all such outgoing mail and shall be responsible for the keeping of records and costs thereof, and shall be able to at least monthly certify to the state controller the amount expended on behalf of each department, agency or institution directly utilizing the central postal system, which amount shall be charged against the funds of such department, agency or institution and continually appropriated to the account of the department of administration for the operation of the central postal system. Those agencies which expend funds for stamps and metered postage directly shall make expenditure reports available to the department of administration at least semiannually. The department of administration shall annually submit in the department budget request an accounting of the total cost of postage to the state, as well as the calculated savings and the methods through which such savings were derived. The central postal system chief is hereby directed to evaluate materials to be mailed and shall cause mail to be properly prepared utilizing the lowest practical and most feasible rate of postage. Provided, however, that each member of the legislature of the state of Idaho shall be issued United States postage for each session attended, in an amount determined by each session of the legislature to be charged to the legislative expense appropriation.

History:

[67-5750, added I.C., sec. 67-5750, as added by 1974, ch. 34, sec. 2, p. 988; am. 1974, ch. 192, sec. 1, p. 1500; am. 1980, ch. 45, sec. 1, p. 75; am. 1981, ch. 77, sec. 2, p. 110; am. 1994, ch. 180, sec. 223, p. 559.]
Idaho Code § 67-2757 — Idaho Code / Title 67 / Chapter 27 / Section 67-2757
67-2757 INSTITUTION OF CRIMINAL PROCEEDINGS.
Status: in_force

67-2757. Institution of criminal proceedings. The director may refer such evidence as may be available concerning violations of this act or any rule or order hereunder to the attorney general, prosecuting attorney, United States attorney, county, state or federal law enforcement agency, or foreign law enforcement agency or prosecutor. Any county prosecuting attorney, or the attorney general may, in his discretion, with or without such a referral, institute appropriate criminal proceedings under this act.

History:

[67-2757, added 2005, ch. 265, sec. 9, p. 815.]
Idaho Code § 67-2026A — Idaho Code / Title 67 / Chapter 20 / Section 67-2026A
67-2026A FAILURE TO USE ELECTRONIC FUNDS TRANSFER.
Status: in_force

67-2026A. Failure to use electronic funds transfer. (1) Any payor required under the provisions of section 67-2026, Idaho Code, to make a payment by electronic transfer who makes the payment by check or other nonelectronic means shall be liable for an additional amount of interest. The interest shall be calculated at the annual rate of twelve per cent (12%) simple interest for the period of time between the day the payment is due and the day the funds become available to the state treasurer for investment. Unless the payor establishes a contrary time, the time between receipt of a payment by means other than electronic funds transfer and the time the funds become available to the state treasurer for investment is presumed to be five (5) days.

(2) If the agency administering the tax determines that a payor's failure to use electronic funds transfer when required is due to the payor's negligence or is the result of the payor's knowing disregard of the requirement, the agency may assert a penalty, in addition to the interest charged under subsection (1) of this section, of five hundred dollars ($500). If the payor establishes that the failure is not due to his negligence or the result of his knowing disregard of the requirement, the agency shall abate the penalty, but it shall not abate the interest due under subsection (1) of this section.

(3) Amounts due under this section shall be asserted by the agency administering the tax in the same manner provided by law for a failure to pay taxes or fees due.

History:

[67-2026A, added 1993, ch. 8, sec. 2, p. 26.]
Idaho Code § 67-415 — Idaho Code / Title 67 / Chapter 4 / Section 67-415
67-415 DEFINITIONS.
Status: in_force

67-415. Definitions. As used in this act:

(a) "Attack" means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or methods.

(b) "Unavailable" means absent from the place of session (other than on official business of the legislature), or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a legislator, whether or not such absence or inability would give rise to a vacancy under existing constitutional or statutory provisions.

History:

[67-415, added 1961 (E.S.), ch. 4, sec. 3, p. 20.]
Idaho Code § 67-2761 — Idaho Code / Title 67 / Chapter 27 / Section 67-2761
67-2761 ADMINISTRATION OF ACT — RULES, FORMS AND ORDERS.
Status: in_force

67-2761. Administration of act — Rules, forms and orders. The administration of the provisions of this act shall be under the general supervision and control of the director. The director may from time to time make, amend and rescind such rules, forms and orders as are necessary to carry out the provisions of this act. No rule or form may be made unless the director finds that the action is necessary or appropriate in the public interest or for the protection of financial institutions and consistent with the purposes of this act.

History:

[67-2761, added 2005, ch. 265, sec. 13, p. 816.]
Idaho Code § 67-451 — Idaho Code / Title 67 / Chapter 4 / Section 67-451
67-451 LEGISLATIVE ACCOUNT CREATED — DUTIES OF CONTROLLER — DISBURSEMENTS FROM ACCOUNT — REPORT OF DISBURSEMENTS.
Status: in_force

67-451. Legislative account created — Duties of controller — Disbursements from account — Report of disbursements. (1) There is hereby created in the state treasury the legislative account. The legislative account shall consist of such moneys as are placed into it by other appropriations, by receipts paid into the legislative account, and the moneys appropriated and transferred into it according to the provisions of this act.

(2) There is hereby appropriated out of the general fund and transferred into the legislative account, and commencing January 1, 2021, the state controller is authorized and directed to make such transfers in the amounts shown on each of the following dates in each year:

January 1

March 1

June 1

September 1

(3) The president pro tempore of the senate and the speaker of the house of representatives are hereby authorized to make expenditures out of the legislative account for any necessary expenses of the legislature and the legislative account is hereby perpetually appropriated for any necessary expenses of the legislature. Necessary expenses of the legislature shall include, but are not necessarily limited to, salaries and wages of officers, members, and employees of the legislature, consultants and other expert or professional personnel, travel expenses of officers, members, and employees of the legislature, other current expenses incurred in any operation or function of the legislature, premiums for life, accidental death and dismemberment, hospital, medical, surgical and major medical insurance for members of the legislature during their terms of office, and for employees of the legislature during the period of their employment, and capital outlay items necessary for any operation or function of the legislature. The signature of the president pro tempore of the senate or the speaker of the house of representatives on any voucher or claim for payment shall be sufficient authority for the state controller to pay the same. Expenses for any interim activity of the legislature or legislators shall be paid in the same manner. Expenses for any interim legislative committees shall be paid in the same manner, if previously authorized by concurrent resolution.

(4) The state controller is hereby directed to devise and implement a financial reporting and control system for the purposes of this act that exempts legislative expenditures from any other provision of law, and the legislative account shall be specifically exempt from the provisions of chapter 35, title 67, Idaho Code, and shall be specifically exempt from the provisions of chapter 36, title 67, Idaho Code. Such system must produce a report as of the end of each calendar month that clearly shows additions to the account, the unexpended balance in the account, the expenditures to date, and the expenditures for the month reported, suitably detailed in such manner as the presiding officers may instruct the state controller. A copy of such report must be delivered to the president pro tempore of the senate and the speaker of the house of representatives and to the governor by no later than the fifth working day of the following month.

History:

[67-451, added 1971, ch. 205, sec. 2, p. 896; am. 1974, ch. 239, sec. 1, p. 1601; am. 1977, ch. 27, sec. 1, p. 49; am. 1978, ch. 278, sec. 1, p. 675; am. 1980, ch. 392, sec. 1, p. 996; am. 1985, ch. 1, sec. 3, p. 1; am. 1988, ch. 145, sec. 1, p. 265; am 1989, ch. 392, sec. 1, p. 972; am. 1989, ch. 393, sec. 1, p. 975; am. 1991, ch. 58, sec. 1, p. 112; am. 1993, ch. 393, sec. 1, p. 1456; am. 1994, ch. 180, sec. 169, p. 533; am. 2000, ch. 373, sec. 1, p. 1233; am. 2001, ch. 305, sec. 1, p. 1111; am. 2007, ch. 273, sec. 1, p. 800; am. 2021, ch. 23, sec. 1, p. 63.]
Idaho Code § 67-9227 — Idaho Code / Title 67 / Chapter 92 / Section 67-9227
67-9227 CONTRACTS WITH FEDERAL GOVERNMENT EXEMPT FROM CERTAIN PROVISIONS.
Status: in_force

67-9227. contracts with federal government exempt from certain provisions. The administrator, on behalf of any agency, and the comparable purchasing officers of the several political subdivisions, municipal corporations and public agencies of the state on behalf of such political subdivisions, municipal corporations and public agencies, within the limits of available appropriations and requisitions made for acquisition thereof, may enter into any contract with the United States of America, or with any agency thereof, or with any agency established for disposition or distribution of surplus federal properties within this state, for the acquisition of any property, real or personal, without regard to provisions of law that require:

(1) The posting of notices;

(2) Public advertising;

(3) Inviting or receiving competitive bids; or

(4) Delivery of property acquired before payment in any case in which delivery may be constructively accomplished without manual possession.

History:

[67-9227, added 2016, ch. 289, sec. 4, p. 801.]
Idaho Code § 67-2504 — Idaho Code / Title 67 / Chapter 25 / Section 67-2504
67-2504 EMPLOYEES.
Status: in_force

67-2504. Employees. Subject to the provisions of chapter 53, title 67, Idaho Code, unless otherwise provided for by law, each department is empowered to employ necessary employees, and, if the rate of compensation is not otherwise fixed by law, to fix their compensation.

History:

[(67-2504) 1919, ch. 8, sec. 16, p. 43; C.S., sec. 266; I.C.A., sec. 65-2404; am. 1974, ch. 40, sec. 9, p. 1072.]
Idaho Code § 67-1809 — Idaho Code / Title 67 / Chapter 18 / Section 67-1809
67-1809 SUPPORT AND STAFF FOR THE COMMITTEE.
Status: in_force

67-1809. Support and staff for the committee. The legislative services office shall provide for the support and staffing of the committee as the committee may require in the performance of its duties.

History:

[(67-1809) 67-1806, added 2002, ch. 352, sec. 4, p. 1007; am. and redesig. 2006, ch. 187, sec. 9, p. 591.]
Idaho Code § 67-7707 — Idaho Code / Title 67 / Chapter 77 / Section 67-7707
67-7707 BINGO BY CHARITABLE OR NONPROFIT ORGANIZATIONS.
Status: in_force

67-7707. Bingo by charitable or nonprofit organizations. (1) It is lawful for a charitable or nonprofit organization to conduct bingo sessions or games in accordance with the provisions of this chapter and the rules of the state lottery commission. Any charitable or nonprofit organization, any member of a charitable or nonprofit organization, or any person that conducts a bingo session or game in violation of any provision of this chapter or the rules of the state lottery commission may be assessed a civil penalty not in excess of ten thousand dollars ($10,000) per violation. Additionally, any person knowingly conducting a bingo session or game in violation of the provisions of this chapter or the rules of the state lottery commission may be charged under the gambling laws contained in chapter 38, title 18, Idaho Code. Violations will be prosecuted by the county prosecuting attorney.

(2) No person under the age of eighteen (18) years may play bingo in games where a cash prize is offered or where the prize exceeds twenty-five dollars ($25.00) in value for merchandise.

History:

[(67-7707) 67-7703, added 1993, ch. 391, sec. 2, p. 1450; am. 1994, ch. 281, sec. 2, p. 876; am. and redesig. 1995, ch. 350, sec. 6, p. 1155; am. 1996, ch. 382, sec. 4, p. 1297; am. 2000, ch. 340, sec. 6, p. 1139; am. 2013, ch. 251, sec. 5, p. 614.]
Idaho Code § 67-3006 — Idaho Code / Title 67 / Chapter 30 / Section 67-3006
67-3006 REPORTING OF UNIFORM CRIME INFORMATION.
Status: in_force

67-3006. Reporting of uniform crime information. A law enforcement agency shall submit to the department, at the time, in the manner, and in the form prescribed by the department, data regarding crimes committed within that agency's jurisdiction. The department shall publish an annual report, available no later than July 1 of the following year, containing the statistical information gathered under this section that relates to the number and nature of criminal offenses, arrests, and clearances, and any other data the director determines to be appropriate relating to the method, frequency, cause and prevention of crime.

History:

[67-3006, added 1999, ch. 249, sec. 2, p. 642.]
Idaho Code § 67-5281 — Idaho Code / Title 67 / Chapter 52 / Section 67-5281
67-5281 CHIEF ADMINISTRATIVE LAW JUDGE — APPOINTMENT — QUALIFICATIONS — REMOVAL — SALARY.
Status: in_force

67-5281. CHIEF ADMINISTRATIVE law judge — APPOINTMENT — QUALIFICATIONS — REMOVAL — salary. (1) A chief administrative law judge shall be appointed by the governor and confirmed by the senate to serve a four (4) year term. A person may be reappointed to serve additional terms. Provided, however, there is no right to reappointment.

(2) The chief administrative law judge must meet the following qualifications on the effective date of his appointment:

(a) Be at least thirty (30) years of age;

(b) Be a citizen of the United States;

(c) Have held a license to practice law or held a judicial office in one (1) or more jurisdictions of the United States for at least five (5) continuous years immediately preceding such appointment; and

(d) Be or become an active member of the Idaho state bar within one (1) year of appointment and remain an active member in good standing thereafter.

(3) If the chief administrative law judge resigns, dies, or is removed from office as provided in this section, the governor shall appoint a person who meets the qualifications established in this section, subject to confirmation by the senate, to fill the unexpired term.

(4) The chief administrative law judge may be removed from office by the governor for failing to retain those qualifications of his office established in subsection (2) of this section, for engaging in prohibited conduct established in section 67-5282(2), Idaho Code, or for good cause shown. Before such removal, the governor shall give the chief administrative law judge a written copy of the charges against him, provide him an opportunity to submit a response no fewer than fourteen (14) calendar days thereafter, and may provide him such other process as the governor deems appropriate. If the chief administrative law judge is removed, the governor shall provide the house of representatives and the senate written notice of the removal, the effective date of removal, and the reason or reasons therefor.

(5) The chief administrative law judge shall be compensated as determined by the governor.

History:

[67-5281, added 2022, ch. 287, sec. 6, p. 915; am. 2023, ch. 182, sec. 3, p. 498; am. 2025, ch. 151, sec. 20, p. 750.]
Idaho Code § 67-1410 — Idaho Code / Title 67 / Chapter 14 / Section 67-1410
67-1410 INTERNET CRIMES AGAINST CHILDREN UNIT.
Status: in_force

67-1410. Internet crimes against children unit. (1) There is hereby established in the office of the attorney general the internet crimes against children unit (ICAC) that shall have the authority and responsibilities as set forth in this section.

(2) The ICAC shall have the authority and responsibility to conduct a statewide program for the investigation and prosecution of violations of the criminal provisions of sections 18-1507, 18-1507A, 18-1507C, 18-1509A, 18-1513, and 18-1515, Idaho Code.

(3) The ICAC shall be under the exclusive control of the attorney general.

(4) The attorney general may request and receive the assistance of, and may enter into written agreements with, any prosecutor or law enforcement agency as necessary to implement the duties and responsibilities assigned to the ICAC under this section. This will include contracting for the assistance of law enforcement personnel in the investigation of any violation of the criminal provisions of sections 18-1507, 18-1507A, 18-1507C, 18-1509A, 18-1513, and 18-1515, Idaho Code. The attorney general may renew, suspend or revoke any ICAC agreement with a law enforcement agency at any time.

(5) The attorney general shall have the authority to designate ICAC task force agents. ICAC task force agents shall be commissioned law enforcement officers employed by law enforcement agencies.

(a) The designation of an ICAC task force agent is not an act of employment by the office of the attorney general.

(b) ICAC task force agents serve solely at the discretion and will of the attorney general and designation as an ICAC task force agent is not a property right to which due process applies.

(6) Designated ICAC task force agents shall have general peace officer powers and the authority to arrest individuals throughout the state for the purpose of investigation of the crimes set forth under this section.

(7) The office of the attorney general shall employ such attorneys, investigators and other personnel as necessary to carry out the responsibilities of the ICAC as set forth under this section.

(8) The attorney general shall have the authority to adopt rules necessary to implement the duties and responsibilities assigned to the ICAC under this section.

History:

[67-1410, added 2013, ch. 245, sec. 2, p. 595; am. 2024, ch. 194, sec. 5, p. 699.]
Idaho Code § 67-8104 — Idaho Code / Title 67 / Chapter 81 / Section 67-8104
67-8104 ELIGIBLE ORGANIZATION.
Status: in_force

67-8104. Eligible organization. Organizations that may receive assistance from the association under the provisions of this chapter are local governments, local housing authorities, nonprofit community or neighborhood-based organizations, and regional or statewide nonprofit housing assistance or advocacy organizations, and for-profit housing developers.

History:

[67-8104, added 1992, ch. 267, sec. 1, p. 826; am. 1996, ch. 253, sec. 35, p. 833.]
Idaho Code § 67-8803 — Idaho Code / Title 67 / Chapter 88 / Section 67-8803
67-8803 WHEN AND BY WHOM AWARDED.
Status: in_force

67-8803. When and by whom awarded. The Idaho medal of honor shall be awarded by the governor in a ceremony during the time that the legislature is in session or at such other time as the commission may decide. The governor may delegate the awarding of the medal to the lieutenant governor, the attorney general, or another member of the commission.

History:

[67-8803, added 2004, ch. 367, sec. 1, p. 1090; am. 2005, ch. 163, sec. 4, p. 499; am. 2012, ch. 213, sec. 1, p. 580; am. 2020, ch. 152, sec. 3, p. 455.]
Idaho Code § 67-1409 — Idaho Code / Title 67 / Chapter 14 / Section 67-1409
67-1409 CONTRACTS FOR LEGAL SERVICES.
Status: in_force

67-1409. Contracts for legal services. (1) The attorney general shall determine which legal services can most efficiently and effectively be provided by the attorney general's staff and which legal services can most efficiently and effectively be provided by contract. The attorney general shall develop application forms and requests for proposals utilizing generally accepted cost containment considerations, for those attorneys desiring to perform contract legal services for the state. Based upon the responses received, the attorney general shall recommend to the state board of examiners which attorneys or firms should be authorized to represent the state. The state board of examiners shall consider the recommendations made by the attorney general and shall determine which attorneys or firms so recommended are authorized to contract to provide legal services for the state, and the type or types of legal services they are authorized to provide. In determining which attorneys shall be authorized for particular types of services, the board of examiners shall select attorneys who, in the board's judgment can best provide quality legal services for the state entities at an acceptable cost. The determinations of the board of examiners shall not be subject to judicial review. Whenever the attorney general determines that an immediate appointment of a special deputy attorney general would be in the best interests of the state of Idaho, the attorney general may enter into an agreement with an attorney or firm to provide legal services for the state.

(2) The performance of all contracts for legal services shall be monitored and supervised by the attorney general or his designee, and any payments pursuant to such contracts must be approved by the attorney general. This provision shall not apply to contracts for legal services entered into by those entities exempted by section 67-1406, Idaho Code.

History:

[67-1409, added 1995, ch. 141, sec. 5, p. 603; am. 2001, ch. 61, sec. 7, p. 117.]
Idaho Code § 67-2804 — Idaho Code / Title 67 / Chapter 28 / Section 67-2804
67-2804 WAIVER.
Status: in_force

67-2804. Waiver. (1) Whenever the provisions of this chapter require a public works contractor's license to bid upon a public construction project, such requirement shall be deemed waived whenever federal law prohibits requiring licensure as a precondition for submitting a bid.

(2) Nothing in this section shall be deemed to prohibit a political subdivision from performing construction or repair work on the political subdivision's own facilities.

(3) Whenever this chapter provides time limits for objection or appeal, any objection or appeal not perfected within such time limitations shall be deemed to constitute a waiver of any rights to raise such objection or appeal thereafter.

History:

[67-2804, added 2005, ch. 213, sec. 37, p. 669.]
Idaho Code § 67-4517 — Idaho Code / Title 67 / Chapter 45 / Section 67-4517
67-4517 STATE SPORT DESIGNATED.
Status: in_force

67-4517. state sport designated. Hunting is hereby designated and declared to be the state sport of the state of Idaho.

History:

[67-4517, added 2026, ch. 53, sec. 2, p. 243.]
Idaho Code § 67-1225 — Idaho Code / Title 67 / Chapter 12 / Section 67-1225
67-1225 POWERS AND DUTIES OF CREDIT RATING ENHANCEMENT COMMITTEE.
Status: in_force

67-1225. Powers and duties of credit rating enhancement committee. The Idaho credit rating enhancement committee shall advise the governor and the legislature regarding policies and action that enhance and preserve the state's credit rating and maintain the future availability of low-cost capital financing. In carrying out this function, the committee shall report findings and recommendations to the governor and the speaker of the house of representatives and the president pro tempore of the senate by December 1 of each year.

History:

[67-1225, added 2005, ch. 159, sec. 2, p. 492; am. 2013, ch. 219, sec. 2, p. 514; am. 2018, ch. 85, sec. 1, p. 190.]
Idaho Code § 67-4703 — Idaho Code / Title 67 / Chapter 47 / Section 67-4703
67-4703 POWERS AND DUTIES.
Status: in_force

67-4703. Powers and duties. The department of commerce shall have the power and it shall be its duty to engage in advertising the state of Idaho, its resources, both developed and undeveloped, its tourist resources and attractions, its agricultural, mining, lumbering and manufacturing resources, its health conditions and advantages, its scenic beauty and its other attractions and advantages; and in general either directly, indirectly or by contract do anything and take any action which will promote and advertise the resources and products of the state of Idaho, develop its resources and industries, promote tourist travel to and within the state of Idaho, and further the welfare and prosperity of its citizens.

The department shall also have the following duties when it deals with promoting economic development and tourism within the state:

(1) Survey and investigate the social, economic and physical resources of the state, including land, water, minerals, facilities for power, transportation, communications, recreation, health, education and other resources and facilities; endeavor to aid the legislature and the citizens of the state of Idaho in formulating a program for the development and utilization of these resources and facilities, and for balancing our agricultural, timber and mining economy with industrial capacity. It shall cooperate with local and regional agencies within the state. It shall cooperate with like agencies of other states, with agencies maintained by private persons or corporations, and with agencies established or employed by the United States to promote the development of the country and the welfare of its people.

(2) To develop and promote a comprehensive international marketing plan for Idaho's products.

(3) To collect and compile reliable data for general dissemination which will tend to the development of the state of Idaho by inducing people and capital to come within our borders.

(4) Keep accurate records and preserve all data collected by it, and from time to time prepare and submit to the governor and the legislature, reports, programs, recommendations and plans for the comprehensive, long-range development, conservation and use of all the resources of the state of Idaho. It shall make such special investigations as to resources, facilities, and other matters as may be required by the governor or the legislature.

(5) Coordinate those activities of local, state, federal and private agencies and departments when they deal with the promotion of Idaho's economic resources.

(6) To require and receive from the various executive departments and public officials of the state of Idaho such information as may be required by the division to enable it to fulfill its functions and carry out the purposes of this act.

(7) Administer and perform any other related functions or activities assigned by the governor or the legislature.

(8) Enter into interagency agreements with other state agencies in developing economic and community plans and programs.

(9) Provide technical assistance to other state agencies upon request.

(10) Contract with universities, consultants and other public and private agencies to develop plans and programs.

(11) Prepare a comprehensive economic development strategy.

(12) Petition for and receive moneys such as grants or gifts, to be used for state or local planning and economic development activities.

History:

[67-4703, added 1955, ch. 234, sec. 3, p. 521; am. 1974, ch. 22, sec. 5, p. 592; am. 1977, ch. 263, sec. 1, p. 770; am. 1980, ch. 361, sec. 4, p. 940; am. 1985, ch. 160, sec. 6, p. 430; am. 2004, ch. 346, sec. 5, p. 1031; am. 2007, ch. 360, sec. 4, p. 1062; am. 2011, ch. 99, sec. 1, p. 239.]