Idaho Code § 67-7709 — Idaho Code / Title 67 / Chapter 77 / Section 67-7709
67-7709 ACCOUNTING AND USE OF BINGO PROCEEDS.
Status: in_force

67-7709. Accounting and use of bingo proceeds.

(1) (a) All funds received in connection with a bingo game required to be licensed pursuant to this chapter and the rules of the state lottery commission shall be placed in a separate bank account that is in the name of and controlled by the charitable or nonprofit organization. No funds may be disbursed from this account except the charitable or nonprofit organization may expend proceeds for prizes, advertising, rent including, but not limited to, renting space, chairs, tables, equipment and electronic bingo devices, utilities, the purchase of supplies and equipment in playing bingo, taxes and license fees related to bingo, the payment of compensation, and for the purposes set forth below for the remaining proceeds.

(b) Funds from bingo accounts must be withdrawn by preprinted, consecutively numbered checks or withdrawal slips, signed by an authorized representative of the licensed authorized organization and made payable to a person. A check or withdrawal slip shall not be made payable to "cash," "bearer" or a fictitious payee. The nature of the payment made shall be noted on the face of the check or withdrawal slip. Checks for the bingo account shall be imprinted with the words "bingo account" and shall contain the organization's bingo license name on the face of each check. A licensed authorized organization shall keep and account for all checks and withdrawal slips, including voided checks and withdrawal slips. Electronic transfers from the bingo account may be used for payments made to another governmental agency.

(c) Any proceeds available in a bingo account after payment of the expenses set forth in paragraph (1)(a) of this subsection shall inure to the charitable or nonprofit organization to be used for religious, charitable, civic, scientific testing, public safety, literary or educational purposes or for purchasing, constructing, maintaining, operating or using equipment or land, or a building or improvements thereto, owned, leased or rented by and for the charitable or nonprofit organization and used for civic purposes or made available by the charitable or nonprofit organization for use by the general public from time to time, or to foster amateur sports competition, or for the prevention of cruelty to children or animals, provided that no proceeds shall be used or expended directly or indirectly to compensate officers or directors. The licensed bingo operation must maintain records for five (5) years on forms prescribed by the commission or pursuant to rules prescribed by the commission showing the charitable activities to which the proceeds described in this paragraph are applied. No employees of the charitable or nonprofit organization may be compensated from bingo proceeds except as provided in this subsection.

(d) (i) All gross revenues received from bingo games by a charitable or nonprofit organization must be disbursed in the following manner, unless otherwise provided in section 67-7708, Idaho Code: not less than twenty percent (20%) of gross revenues shall be used for charitable purposes enumerated in this subsection, and a maximum of eighteen percent (18%) of the gross revenues may be used for administrative expenses associated with the charitable bingo game. An organization requesting an exemption from the disbursement percentages provided in this paragraph for administrative costs shall request such an exemption from the state lottery commission.

(ii) Two hundred fifty dollars ($250) or one-tenth of one percent (.1%) of annual gross revenues, as per the previous year's annual bingo report whichever is greater may be paid as wages for the conduct of any one (1) bingo session. Such wages shall be paid on an hourly basis, shall be directly related to the preparation, conduct of and cleaning following a bingo session, and shall be paid out of the organization's separate bank account unless the director of lottery security has given prior written permission to pay wages out of another account. Such wages shall be part of the eighteen percent (18%) gross revenues used for administrative expenses.

(2) Any charitable or nonprofit organization conducting bingo games pursuant to this chapter shall prepare a statement at the close of its license year and shall file such statement with the state lottery. The statement shall be prepared on a form prescribed by the lottery commission and shall include, at a minimum, the following information:

(a) The number of bingo sessions conducted or sponsored by the licensed organization;

(b) The location and date at which each bingo session was conducted;

(c) The gross revenues of each bingo session;

(d) The fair market value of any prize given at each bingo session;

(e) The number of individual players participating in each session;

(f) The number of cards played in each session;

(g) The amount paid in prizes at each session;

(h) The amount paid to the charitable or nonprofit organization;

(i) All disbursements from bingo revenue and the purpose of those disbursements must be documented on a general ledger and submitted with the annual bingo report to the Idaho lottery commission; and

(j) An accounting of all gross revenues and the disbursements required by statute and rule of the state lottery commission must be retained in records with the organization, including the date of each transaction and the name and address of each payee for all prize payments in excess of one hundred dollars ($100) and the disbursements of funds to charitable activities, including the identity of the charity and/or purpose and use of the disbursements by the charity. Such records shall be retained for a period of five (5) years.

(3) Any organization required to be licensed to conduct bingo operations under the provisions of this chapter shall use only nonreusable colored bingo paper or electronic bingo paper so that all sales may be tracked. The nonreusable colored paper must have a series and serial number on each card. At the conclusion of each session, all organizations using nonreusable bingo paper must track their bingo sales per session by recording the series and serial numbers of all paper sold, damaged, donated or used for promotion in that session. Each such organization shall keep a ledger of the numbers of all such papers used during each session. All paper must be tracked as either sold, damaged, donated, used for promotion, or omitted from the original distributor or manufacturer. Paper tracking ledgers and invoices from the distributor or manufacturer for nonrefundable colored bingo paper must be kept with the permanent records for that bingo operation.

(4) Any person who shall willfully or knowingly furnish, supply or otherwise give false information in any statement filed pursuant to this section shall be guilty of a misdemeanor.

(5) All financial books, papers, records and documents of an organization shall be kept as determined by rule of the state lottery and shall be open to inspection by the county sheriff of the county, or the chief of police of the city, or the prosecuting attorney of the county where the bingo game was held, or the attorney general or the state lottery at reasonable times and during reasonable hours.

(6) Every charitable or nonprofit organization whose annual gross revenues exceed two hundred thousand dollars ($200,000) from the operation of bingo games shall provide the state lottery with a copy of an annual audit of the bingo operation. The audit shall be performed by an independent certified public accountant who is licensed in the state of Idaho and who meets peer review requirements set forth by the Idaho state board of accountancy. The audit shall be submitted to the Idaho state lottery within ninety (90) days after the end of the license year.

History:

[(67-7709) 67-7705, added 1993, ch. 391, sec. 2, p. 1450; am. 1994, ch. 281, sec. 3, p. 876; am. and redesig. 1995, ch. 350, sec. 8, p. 1156; am. 1996, ch. 382, sec. 5, p. 1298; am. 2000, ch. 340, sec. 7, p. 1140; am. 2003, ch. 301, sec. 2, p. 828; am. 2003, ch. 314, sec. 1, p. 858; am. 2005, ch. 259, sec. 2, p. 797; am. 2008, ch. 43, sec. 2, p. 102; am. 2012, ch. 259, sec. 1, p. 719; am. 2013, ch. 251, sec. 7, p. 615.]
Idaho Code § 67-5252 — Idaho Code / Title 67 / Chapter 52 / Section 67-5252
67-5252 PRESIDING OFFICER — DISQUALIFICATION.
Status: in_force

67-5252. Presiding officer — Disqualification. (1) Except as provided in subsection (4) of this section, any party shall have the right to one (1) disqualification without cause of any person serving or designated to serve as presiding officer, and any party shall have a right to move to disqualify for bias, prejudice, interest, substantial prior involvement in the matter other than as a presiding officer, status as an employee of the agency hearing the contested case, lack of professional knowledge in the subject matter of the contested case, or any other cause provided in this chapter or any cause for which a judge is or may be disqualified.

(2) Any party may petition for the disqualification of a person serving or designated to serve as presiding officer:

(a) Within fourteen (14) days after receipt of notice indicating that the person will preside at the contested case; or

(b) Promptly upon discovering facts establishing grounds for disqualification, whichever is later.

Any party may assert a blanket disqualification for cause of all employees of the agency hearing the contested case, other than the agency head, without awaiting designation of a presiding officer.

(3) A person whose disqualification for cause is requested shall determine in writing whether to grant the petition, stating facts and reasons for the determination.

(4) When disqualification of the agency head or a member of the agency head would result in an inability to decide a contested case, the actions of the agency head shall be treated as a conflict of interest under the provisions of section 74-404, Idaho Code.

(5) When a decision is required to be rendered within fourteen (14) weeks of the date of a request for a hearing by state or federal statutes or rules and regulations, or when the presiding officer is the chief administrative law judge or appointed by the chief administrative law judge as defined in section 67-5201, Idaho Code, no party shall have the right to a disqualification without cause.

History:

[67-5252, added 1992, ch. 263, sec. 37, p. 809; am. 1993, ch. 216, sec. 109, p. 677; am. 2015, ch. 141, sec. 177, p. 519; am. 2022, ch. 287, sec. 4, p. 914; am. 2025, ch. 151, sec. 19, p. 750.]
Idaho Code § 67-5741 — Idaho Code / Title 67 / Chapter 57 / Section 67-5741
67-5741 DELEGATION OF DUTIES — BONDING OF AGENCY PERSONNEL.
Status: in_force

67-5741. Delegation of duties — Bonding of agency personnel. The director of the department of administration may delegate to any employees of the division of purchasing such authority as he deems reasonable and proper for the effective administration of this act. The director may utilize the services of officers and employees of any of the state departments and any other governmental agencies of the state receiving surplus property under the provisions of this act, and all such departments and agencies are hereby authorized to assist and cooperate with the director in the administration of this act. Any person in the employ of the division of purchasing agency may in the discretion of the governor be required to execute and deliver to the governor a bond payable to the state in such amount as may be fixed by the governor, conditioned upon the proper care, disbursement, and accounting of all funds and the proper care, distribution, and accounting of all property received from the United States under the authority of this act; provided, however, the governor may accept an adequate indemnity bond covering all or part of the persons so accountable and responsible.

History:

[67-5741, added I.C., sec. 67-5741, as added by 1974, ch. 34, sec. 2, p. 988.]
Idaho Code § 67-1807 — Idaho Code / Title 67 / Chapter 18 / Section 67-1807
67-1807 JOINT MILLENNIUM FUND COMMITTEE — CREATION AND APPOINTMENT OF MEMBERS.
Status: in_force

67-1807. Joint millennium fund committee — Creation and appointment of members. There is hereby created the joint millennium fund committee, hereafter referred to as the committee. The committee shall consist of ten (10) members, each of whom shall be a member of the legislature. The committee members shall be appointed as follows: three (3) members shall be appointed by the president pro tempore of the senate, one (1) of whom shall be cochair of the committee; two (2) members shall be appointed by the minority leader of the senate; three (3) members shall be appointed by the speaker of the house of representatives, one (1) of whom shall be cochair of the committee; and two (2) members shall be appointed by the minority leader of the house of representatives. The term of a member of the committee shall coincide with the term of election to the legislature. A vacancy during the term of a member of the committee shall be filled by the appointing authority of that member, and members may be reappointed to a subsequent term.

History:

[(67-1807) 67-1804, added 2002, ch. 352, sec. 2, p. 1006; am. and redesig. 2006, ch. 187, sec. 7, p. 590.]
Idaho Code § 67-3512 — Idaho Code / Title 67 / Chapter 35 / Section 67-3512
67-3512 REDUCTION OF LEGISLATIVE APPROPRIATIONS.
Status: in_force

67-3512. Reduction of legislative appropriations. Any legislative appropriation made for any department, office or institution of the state may be reduced in amount by the state board of examiners upon investigation and report of the administrator of the division of financial management; provided, that before such reduction is ordered the head of such department, office or institution shall be allowed a hearing before said state board of examiners and may at such hearing present such evidence as he may see fit. No reduction of legislative appropriations made to executive department agencies shall be made without hearing unless and until the head of such department, office or institution shall file his consent in writing thereto. No reduction of legislative appropriations for the elected officers in the executive department shall be made to a level which prohibits the discharge of constitutional duties. No reduction of legislative appropriations for the legislative and judicial departments shall be made without the permission in writing of the head of such department.

History:

[(67-3512) 1929, ch. 206, sec. 12, p. 400; I.C.A., sec. 65-3412; am. 1973, ch. 300, sec. 8, p. 633; am. 1974, ch. 22, sec. 33, p. 592; am. 1980, ch. 358, sec. 15, p. 931; am. 1981. ch. 227, sec. 8, p. 454; am. 1995, ch. 153, sec. 10, p. 625.]
Idaho Code § 67-9007 — Idaho Code / Title 67 / Chapter 90 / Section 67-9007
67-9007 COCHAIRS.
Status: in_force

67-9007. Cochairs. [EFFECTIVE UNTIL JANUARY 1, 2027] The board of directors of the partnership shall have two (2) cochairs, one (1) elected by the partnership's board of directors from among the board's membership and the other appointed by the governor. The cochair elected by the board of directors shall serve a two (2) year term and may be reelected until a total of four (4) consecutive years have been served, following which that individual will be disqualified for election to the position of cochair until at least one (1) term of office has intervened.

History:

[67-9007, added 2007, ch. 238, sec. 1, p. 706; am. 2016, ch. 90, sec. 4, p. 280; am. 2024, ch. 202, sec. 5, p. 720.]
Idaho Code § 67-4917A — Idaho Code / Title 67 / Chapter 49 / Section 67-4917A
67-4917A PURPOSES.
Status: in_force

67-4917A. Purposes. The purposes of this act are to provide authority to auditorium or community center districts organized under chapter 49, title 67, Idaho Code, to levy and collect a "hotel/motel room sales tax" on the receipts derived by hotels and motels within the district from the furnishing of hotel and motel rooms, except no tax shall be imposed where residence therein is maintained continuously under the terms of a lease or similar agreement for a period in excess of thirty (30) days; and to provide for the levy of such sales tax in addition to the levy by a district authorized to levy and collect ad valorem taxes; and to provide for the collection, administration and remittance of said taxes by the state tax commission on behalf of an auditorium or community center district.

History:

[67-4917A, added 1978, ch. 277, sec. 1, p. 673; am. 1987, ch. 70, sec. 9, p. 136; am. 1988, ch. 174, sec. 3, p. 305.]
Idaho Code § 67-5505 — Idaho Code / Title 67 / Chapter 55 / Section 67-5505
67-5505 AUTHORITY OF GOVERNOR — COOPERATION WITH FEDERAL GOVERNMENT, OTHER STATES, PRIVATE AGENCIES — RULES AND REGULATIONS.
Status: in_force

67-5505. Authority of governor — Cooperation with federal government, other states, private agencies — Rules and regulations. (a) The governor shall have general direction and control of the emergency resources management within this state and all officers, boards, agencies, individuals, or groups established under the emergency resource management plan.

(b) In performing his duties under this act, the governor is authorized to cooperate with the federal government, with other states, and with private agencies in all matters pertaining to the emergency management of resources.

(c) In performing his duties under this act, and to effect its policies and purpose, the governor is further authorized and empowered to make, amend, and rescind the necessary orders, rules, and regulations to carry out the provisions of this act within the limits of authority conferred upon him herein, with due consideration of the emergency resources management plans of the federal government.

History:

[67-5505, added 1967, ch. 57, sec. 5, p. 116.]
Idaho Code § 67-5333 — Idaho Code / Title 67 / Chapter 53 / Section 67-5333
67-5333 SICK LEAVE.
Status: in_force

67-5333. Sick leave. (1) Sick leave shall be computed as follows:

(a) The rate per hour at which sick leave shall accrue to eligible classified and nonclassified officers and employees earning credited state service shall be at the rate represented by the proportion 96/2080. Sick leave shall accrue without limit and shall be transferable from department to department.

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

(c) All accrued sick leave shall be forfeited at the time of separation from state service and no officer or employee shall be reimbursed for accrued sick leave at the time of separation, except as provided in subsection (2) of this section. If such officer or employee returns to benefited credited state service within three (3) years of such separation, all sick leave credits accrued at the time of separation shall be reinstated for use, except to the extent that unused sick leave was utilized for the purposes specified in subsection (2) of this section or transferred to a school district or charter district pursuant to section 33-1217, Idaho Code.

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

(e) In cases where absences for sick leave exceed three (3) consecutive working days, the appointing authority may require verification by a physician or other authorized practitioner.

(f) If an absence for illness or injury extends beyond the sick leave accrued to the credit of the officer or employee, the officer or employee may be granted leave without pay.

(g) The administrator shall prescribe additional requirements for sick leave for classified and nonclassified officers and employees on a part-time or irregular schedule, for maintaining sick leave records, for funeral leave and for such other applicable purposes as necessary.

(2) Unused sick leave may be used as follows:

(a) Upon separation from state employment by retirement in accordance with chapter 13, title 59, or chapter 1, title 33, Idaho Code, an employee's unused sick leave shall be determined based on accumulated sick leave earned subsequent to July 1, 1976, and shall be reported by the employer to the public employee retirement system. Upon separation from state employment by retirement in accordance with chapter 20, title 1, Idaho Code, an employee's unused sick leave shall be determined based on accumulated sick leave earned subsequent to July 1, 2000, and shall be reported by the employer to the public employee retirement system. A sum equal to one-half (1/2), or the maximum amount allowed by paragraph (b) of this subsection, whichever is the lesser, of the monetary value of such unused sick leave, calculated at the rate of pay for such employee at the time of retirement, as determined by the retirement board, shall be transferred from the sick leave account provided by paragraph (c) of this subsection and shall be credited to such employee's retirement account. The remaining one-half (1/2) balance shall be forfeited. Such sums shall be used by the Idaho public employee retirement board to pay premiums, as permitted by and subject to applicable federal tax laws and limits, for such health, dental, vision, long-term care, prescription drug, and life insurance programs as may be maintained by the state, to the extent of the funds credited to the employee's account pursuant to this section. Upon an employee's death, any unexpended sums remaining in the account shall revert to the sick leave account.

(b) For the purposes of determining the monetary value of unused sick leave, the maximum unused sick leave that may be considered shall be:

(i) During the first ten thousand four hundred (10,400) hours of credited state service, the maximum unused sick leave that may be considered shall be four hundred twenty (420) hours;

(ii) During the second ten thousand four hundred (10,400) hours of credited state service, the maximum unused sick leave that may be considered shall be four hundred eighty (480) hours;

(iii) During the third ten thousand four hundred (10,400) hours of credited state service, the maximum unused sick leave that may be considered shall be five hundred forty (540) hours; and

(iv) Thereafter, the maximum unused sick leave that may be considered shall be six hundred (600) hours; and

For any employees of a state educational agency with unused sick leave that includes sick leave credited pursuant to section 33-1217, Idaho Code, the credited state service requirements of subparagraphs (i) through (iv) of this paragraph shall not apply, but the maximum unused sick leave that may be considered shall be six hundred (600) hours.

(c) Each employer in state government shall contribute to a sick leave account maintained by the public employee retirement system in trust exclusively for the purpose of the provisions of this section. The retirement board shall serve as trustee of the trust and shall be indemnified to the same extent as provided in section 59-1305, Idaho Code. Assets in the trust shall not be assignable or subject to execution, garnishment or attachment or to the operation of any bankruptcy or insolvency law. The rate of such contribution each pay period shall consist of a percentage of employees' salaries as determined by the board, and such rate shall remain in effect until next determined by the board. Any excess balance in the sick leave account shall be invested, and the earnings therefrom shall accrue to the sick leave account except the amount required by the board to defray administrative expenses. Assets of the trust may be commingled for investment purposes with other assets managed by the retirement board. All moneys payable to the sick leave account are hereby perpetually appropriated to the board and shall not be included in its departmental budget. The state insurance fund and public health districts shall be considered employers in state government for purposes of participation under this section.

History:

[67-5333, added 1977, ch. 307, sec. 11, p. 870; am. 1981, ch. 133, sec. 7, p. 234; am. 1999, ch. 243, sec. 4, p. 622; am. 1999, ch. 370, sec. 16, p. 995; am. 2000, ch. 121, sec. 3, p. 267; am. 2006, ch. 380, sec. 18, p. 1194; (67-5339) am. 2006, ch. 150, sec. 2, p. 465; am. 2007, ch. 78, sec. 2, p. 206; am. 2008, ch. 196, sec. 4, p. 625; am. 2009, ch. 164, sec. 1, p. 492; am. 2014, ch. 238, sec. 2, p. 601; am. 2022, ch. 112, sec. 13, p. 414; am. 2023, ch. 7, sec. 7, p. 23.]
Idaho Code § 67-4306 — Idaho Code / Title 67 / Chapter 43 / Section 67-4306
67-4306 PRIEST, PEND OREILLE, AND COEUR D'ALENE LAKES — SEPARABILITY OF ACT.
Status: in_force

67-4306. Priest, Pend Oreille, and Coeur d'Alene Lakes — Separability of act. If any part of this act shall be adjudged to be invalid, such judgment shall not affect, impair or invalidate any part of the remainder.

History:

[(67-4306) 1927, ch. 2, sec. 3, p. 6; I.C.A., sec. 65-4006; am. 2023, ch. 218, sec. 27, p. 652.]
Idaho Code § 67-8719 — Idaho Code / Title 67 / Chapter 87 / Section 67-8719
67-8719 SURETY FOR DEPOSITS BY BANK.
Status: in_force

67-8719. Surety for deposits by bank. All banks, trust companies, savings banks, investment companies and other persons carrying on a banking business are authorized to give to the authority a good and sufficient undertaking with such sureties as are approved by the bank, to the effect that the bank or banking institution shall faithfully keep and pay over to the order of, or upon the warrant of, the authority or its authorized agent all those funds deposited with it by the bank and agreed interest under, or by reason of, this chapter at such times or upon such demands as may be agreed with the bank or in lieu of these sureties, deposit with the authority or its authorized agent or a trustee or for the holders of bonds, as collateral, those securities as the authority may approve. The deposits of the authority may be evidenced by an agreement in the form, and upon the terms and conditions, that may be agreed upon by the authority and the depository bank or banking institution.

History:

[67-8719, added 2001, ch. 130, sec. 1, p. 459.]
Idaho Code § 67-5225 — Idaho Code / Title 67 / Chapter 52 / Section 67-5225
67-5225 RULEMAKING RECORD.
Status: in_force

67-5225. Rulemaking record. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall prepare a rulemaking record. The record shall be maintained in the main offices of the agency.

(2) The rulemaking record shall be available for public inspection and copying. The rulemaking record must contain:

(a) copies of all publications in the bulletin;

(b) all written petitions, submissions, and comments received by the agency and the agency's response to those petitions, submissions, and comments;

(c) all written materials considered by the agency in connection with the formulation, proposal, or adoption of the rule;

(d) a record of any oral presentations, any transcriptions of oral presentations, and any memorandum prepared by a presiding officer summarizing the contents of the presentations; and

(e) any other materials or documents prepared in conjunction with the rulemaking.

(3) Except as otherwise required by a provision of law, the rulemaking record need not constitute the exclusive basis for agency action on that rule or for judicial review thereof.

(4) The record required in this section shall be maintained by the agency for a period of not less than two (2) years after the effective date of the rule.

History:

[67-5225, added 1992, ch. 263, sec. 15, p. 799; am. 1995, ch. 270, sec. 1, p. 869.]
Idaho Code § 67-909 — Idaho Code / Title 67 / Chapter 9 / Section 67-909
67-909 DISTRIBUTION OF STATUTES TO MEMBERS OF LEGISLATURE.
Status: in_force

67-909. Distribution of statutes to members of legislature. The secretary of state is hereby empowered and directed to distribute the bound volumes and current pocket parts of the compiled statutes of Idaho to members of any legislature, when called for by proper action taken by either house, or by joint action of both; such copies shall be free from any mark or marks indicating that they are the property of the state and shall become the property of the member to whom delivered. Not more than one (1) set of bound volumes of the compiled statutes shall ever be distributed at state expense to any member of the legislature. All costs incurred in providing bound volumes of the compiled statutes to members of the legislature shall be a proper charge against the legislative fund, unless an appropriation for such purpose has been made. Sets of pocket parts shall be provided to currently serving members of the legislature, and such sets shall be provided from the sets made available by the provisions of section 73-212, Idaho Code.

History:

[67-909, added 1921, ch. 1, sec. 1, p. 3; I.C.A., sec. 65-808; am. 1977, ch. 232, sec. 5, p. 689; am. 2015, ch. 329, sec. 4, p. 1255.]
Idaho Code § 67-4233 — Idaho Code / Title 67 / Chapter 42 / Section 67-4233
67-4233 IDAHO RECREATION TRAILS COORDINATOR.
Status: in_force

67-4233. Idaho recreation trails coordinator. The Idaho recreation trails coordinator is hereby established within the department of parks and recreation. The coordinator shall advise the board and other agencies and entities on matters relating to the system, including the designation and establishment of trails.

History:

[67-4233, added I.C., sec. 67-4233, as added by 1974, ch. 300, sec. 5, p. 1763.]
Idaho Code § 67-8907 — Idaho Code / Title 67 / Chapter 89 / Section 67-8907
67-8907 ORGANIZATIONAL MEETING — CHAIRMAN — SECRETARY AND TREASURER — EXECUTIVE DIRECTOR — DELEGATION OF POWER — SURETY BOND AND CONFLICT OF INTEREST.
Status: in_force

67-8907. Organizational meeting — Chairman — Secretary and treasurer — Executive director — Delegation of power — Surety bond and conflict of interest. (1) A director designated by the governor shall call and convene the initial organizational meeting of the authority and shall serve as its chairman pro tempore. At such meeting, appropriate bylaws shall be presented for adoption. The bylaws may provide for the election or appointment of officers and the delegation of certain powers and duties and such other matters as the authority deems proper. At such meeting and annually thereafter the board shall elect one (1) of the directors as chairman and one (1) as vice chairman.

(2) The board shall appoint a secretary and a treasurer and may appoint one (1) or more assistant secretaries and assistant treasurers, any of whom may be, but not required to be, a director of the authority, and who shall serve at the pleasure of the board. A single individual may be appointed as secretary-treasurer. They shall receive such compensation for their services as shall be fixed by the board. The secretary or an assistant secretary designated by the board shall keep a record of the proceedings of the board and shall be custodian of all books, documents, and papers filed with the authority, the minute books or journal thereof and its official seal. The secretary or any assistant secretary shall cause necessary copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies and all persons dealing with the authority may rely on such certificates. The treasurer shall have custody of and responsibility for the safekeeping of the funds and investments of the authority.

(3) The board may employ an executive officer and one (1) or more additional employees as it shall deem necessary and expedient to carry out its purposes. The executive officer may be, but is not required to be, a director of the authority. The executive officer shall serve at the pleasure of the board and shall receive such compensation as shall be fixed by the board.

(4) The board may delegate by resolution such powers and duties as it may deem proper to one (1) or more of its directors or to its secretary, executive officer or any assistant officers.

(5) The secretary, the treasurer and any executive officer shall execute a surety bond in the penal sum of five hundred thousand dollars ($500,000) or, in lieu thereof, the chairman of the authority shall execute a blanket bond covering each director, the secretary, the treasurer, the executive officer and any other employees or officers of the authority, each surety bond to be conditioned upon the faithful performance of the duties of the office or offices covered, to be executed by a surety authorized to transact business in this state as surety. The cost of each such bond shall be paid by the authority.

(6) Notwithstanding any other law to the contrary, it shall not constitute a conflict of interest for a trustee, director, officer, or employee of any electric corporation, electric utility, financial institution, investment banking firm, brokerage firm, commercial bank or trust company, architecture firm, insurance company, or any other firm, person or corporation to serve as a director of the authority, provided such trustee, director, officer, or employee shall abstain from deliberation, action and vote by the authority in each instance where the business affiliation of any such trustee, director, officer, or employee is involved.

History:

[67-8907, added 2005, ch. 53, sec. 1, p. 195; am. 2012, ch. 150, sec. 1, p. 420.]
Idaho Code § 67-8214 — Idaho Code / Title 67 / Chapter 82 / Section 67-8214
67-8214 OTHER POWERS AND RIGHTS NOT AFFECTED.
Status: in_force

67-8214. Other powers and rights not affected. (1) Nothing in this chapter shall prevent a governmental entity from requiring a developer to construct reasonable project improvements in conjunction with a development project.

(2) Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or developers, the Idaho transportation department and governmental entities in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer including interproject transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one (1) development project. If it can be shown that a proposed development has a direct impact on a public facility under the jurisdiction of the Idaho transportation department, then the agreement shall include a provision for the allocation of impact fees collected from the developer for the improvement of the public facility by the Idaho transportation department.

(3) Nothing in this chapter shall obligate a governmental entity to approve development which results in an extraordinary impact.

(4) Nothing in this chapter shall obligate a governmental entity to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels established in the development impact fee ordinance.

(5) Nothing in this chapter shall be construed to create any additional right to develop real property or diminish the power of counties or cities in regulating the orderly development of real property within their boundaries.

(6) Nothing in this chapter shall work to limit the use by governmental entities of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues.

(7) Nothing herein shall restrict or diminish the power of a governmental entity to annex property into its territorial boundaries or exclude property from its territorial boundaries upon request of a developer or owner, or to impose reasonable conditions thereon, including the recovery of project or system improvement costs required as a result of such voluntary annexation.

History:

[67-8214, added 1992, ch. 282, sec. 1, p. 873; am. 1996, ch. 366, sec. 9, p. 1237.]
Idaho Code § 67-5240 — Idaho Code / Title 67 / Chapter 52 / Section 67-5240
67-5240 CONTESTED CASES.
Status: in_force

67-5240. Contested cases. A proceeding by an agency other than the public utilities commission or the industrial commission that may result in the issuance of an order is a contested case and is governed by the provisions of this chapter, except as provided by other provisions of law.

History:

[67-5240, added 1992, ch. 263, sec. 24, p. 802; am. 2022, ch. 287, sec. 3, p. 913; am. 2024, ch. 169, sec. 2, p. 651.]
Idaho Code § 67-1504 — Idaho Code / Title 67 / Chapter 15 / Section 67-1504
67-1504 SUPERINTENDENT AS MEMBER OF STATE BOARD OF EDUCATION — DUTIES.
Status: in_force

67-1504. Superintendent as member of state board of education — Duties. He shall be an ex officio voting member of the state board of education. He shall enforce its rules and regulations concerning all elementary and secondary school matters under the control of the board and see that all matters requiring the decision of the board are promptly placed before it for decision. He shall faithfully execute the duties devolving upon him or delegated to him by said board concerning all elementary and secondary school matters under the control of the board except institutions of higher education.

History:

[(67-1504) 1911, ch. 159, sec. 22a, p. 490; compiled and reen. C.L. 38:43; C.S., sec. 183; I.C.A., sec. 65-1404; am. 1965, ch. 253, sec. 3, p. 637; am. 1974, ch. 10, sec. 16, p. 49.]
Idaho Code § 67-5301 — Idaho Code / Title 67 / Chapter 53 / Section 67-5301
67-5301 ESTABLISHMENT OF DIVISION OF HUMAN RESOURCES AND DECLARATION OF POLICY.
Status: in_force

67-5301. Establishment of division of human resources and declaration of policy. There is hereby established the division of human resources in the office of the governor, which is authorized and directed to administer a personnel system, including the provision of personal and professional training, for state of Idaho employees as set forth in this chapter. The purpose of said personnel system is to provide a means whereby classified employees of the state of Idaho shall be examined, selected, retained and promoted on the basis of merit and their performance of duties, thus effecting economy and efficiency in the administration of state government. The legislature declares that, in its considered judgment, the public good and the general welfare of the citizens of this state require enactment of this measure, under the powers of the state.

History:

[67-5301, added 1965, ch. 289, sec. 1, p. 746; am. 1974, ch. 34, sec. 4, p. 988; am. 1977, ch. 307, sec. 2, p. 857; am. 1994, ch. 272, sec. 1, p. 837; am. 1999, ch. 370, sec. 1, p. 977.; am. 2022, ch. 112, sec. 2, p. 401.]
Idaho Code § 67-8916 — Idaho Code / Title 67 / Chapter 89 / Section 67-8916
67-8916 REFUNDING BONDS.
Status: in_force

67-8916. Refunding bonds. (1) The authority may provide for the issuance of refunding bonds for the purpose of refunding any bonds then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon, any interest accrued or to accrue to the date of redemption of such bonds and for any additional corporate purpose of the authority. The issuance of such bonds, the maturities, and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect of the same shall be governed by the provisions of this chapter which relate to the issuance of bonds, insofar as such provisions may be appropriate therefor.

(2) Refunding bonds may be sold or exchanged for outstanding bonds issued under this chapter and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of such outstanding bonds. Pending the application of the proceeds of any such refunding bonds, with any other available funds, to the payment of the principal, accrued interest, and any redemption premium on the bonds being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding bonds or in the trust agreement securing the same, to the payment of any interest on such refunding bonds and any expenses in connection with such refunding, such proceeds may be invested in such obligations as may be permitted for the defeasance of the outstanding bonds in the resolution or indenture under which they were issued.

History:

[67-8916, added 2005, ch. 53, sec. 1, p. 203.]
Idaho Code § 67-1411 — Idaho Code / Title 67 / Chapter 14 / Section 67-1411
67-1411 INTERNET CRIMES AGAINST CHILDREN FUND.
Status: in_force

67-1411. Internet crimes against children fund. (1) There is hereby created in the state treasury the internet crimes against children fund.

(2) The fund shall consist of:

(a) Funds as may be appropriated by the legislature; and

(b) Grants, donations and moneys from other sources.

(3) The fund shall be administered by the office of the attorney general, and moneys in the fund shall be used to fund the internet crimes against children unit as established by section 67-1410, Idaho Code. Moneys in the fund may be allowed to accumulate from year to year and interest earned on the investment of idle moneys in the fund shall be returned to the fund.

(4) Moneys from the fund shall be appropriated by the legislature to the office of the attorney general and such appropriated moneys shall be used for carrying out the provisions of this section and section 67-1410, Idaho Code.

History:

[67-1411, added 2013, ch. 245, sec. 3, p. 596.]
Idaho Code § 67-7110 — Idaho Code / Title 67 / Chapter 71 / Section 67-7110
67-7110 SNOWMOBILES — RESTRICTIONS.
Status: in_force

67-7110. snowmobiles — Restrictions. It shall be unlawful for any person to drive or operate any snowmobile:

(1) At a rate of speed greater than reasonable and prudent under the existing conditions.

(2) In a negligent manner so as to endanger the person or property of another, or to cause injury or damage to either, or to harass, chase or annoy any wild game animals or birds or domestic animals.

(3) Without a lighted headlight and taillight between the hours of dusk and dawn, or when upon or crossing any public roadway or highway, or when otherwise required for the safety of others.

(4) Without an adequate braking device which may be operated by either hand or foot.

(5) Without an adequate muffler, except when used in conjunction with public racing events.

(6) Upon a public roadway or highway without a valid motor vehicle operator's license, unless the public roadway or highway is closed to other motor vehicle travel.

History:

[(67-7110) 1969, ch. 338, sec. 11, p. 1061; am. and redesig. 1988, ch. 265, sec. 541, p. 848; am. 1999, ch. 359, sec. 1, p. 950; am. 2021, ch. 149, sec. 8, p. 407.]
Idaho Code § 67-5280 — Idaho Code / Title 67 / Chapter 52 / Section 67-5280
67-5280 CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS — POWERS AND DUTIES.
Status: in_force

67-5280. CREATION OF OFFICE OF ADMINISTRATIVE HEARINGS — powers and duties. (1) There is hereby created in the department of self-governing agencies the office of administrative hearings.

(2) The office of administrative hearings shall:

(a) Unless otherwise specified by law, conduct all contested case proceedings that arise from an appeal of an agency order, except for contested case proceedings involving:

(i) The Idaho personnel commission; and

(ii) The Idaho transportation department's driver's license suspension contested case proceedings pursuant to section 18-8002A, Idaho Code;

(b) Conduct such adjudicatory hearings, mediations, and arbitrations not required by this chapter that are requested by agencies and agreed to by the office of administrative hearings at such monetary rates as established by the office of administrative hearings; and

(c) Have the authority to promulgate rules consistent with state and federal law to implement provisions relating to its duties and actions authorized by this chapter.

(3) The provisions of subsection (2)(a) of this section shall not be construed to prohibit any agency from requesting any service offered by the office of administrative hearings pursuant to subsection (2)(b) of this section.

(4) The office of administrative hearings shall not hear and shall not have authority over or oversight of any action by the department of water resources or the water resource board.

(5) The office of administrative hearings shall be subject to audit in the same manner as other agencies of the state.

History:

[67-5280, added 2022, ch. 287, sec. 5, p. 914; am. 2024, ch. 169, sec. 3, p. 651.]
Idaho Code § 67-8911 — Idaho Code / Title 67 / Chapter 89 / Section 67-8911
67-8911 SALE OF ELECTRICITY, PRODUCT OR SERVICE FROM FACILITIES — CHARGES.
Status: in_force

67-8911. Sale of electricity, product or service from facilities — Charges. (1) The authority shall operate on a not-for-profit basis and shall sell the electricity, product or service provided by its facilities to participating utilities at cost, as provided in subsections (2) and (3) of this section. The authority shall contract with one (1) or more participating utilities for the sale of the electricity, product or service provided or to be provided by each facility upon such terms and conditions as the authority shall deem proper and to provide reasonable assurances that the authority will recover all of its costs associated with each of its facilities. Such contracts may contain the agreement of each participating utility to purchase a specified quantity of the output or service provided by a facility, to purchase all or a portion of its requirements for electric generation, transmission or other services from the authority and to make payments to the authority regardless of whether any particular facility is completed, operable, operating, damaged or destroyed, in whole or in part.

(2) The authority shall establish and collect rents, fees and charges for the electricity, product or service from its facilities that it shall find to be necessary in order to produce revenues which, together with all other available moneys, revenues, income and receipts of the authority, will be sufficient:

(a) To pay, as the same become due, the principal of and interest on the bonds issued to finance or refinance its facilities and to make, create and maintain deposits, reserves and margins required or provided for in any resolution authorizing, or trust agreement securing, bonds of the authority;

(b) To pay its costs, including its organizational, operational and management costs; and

(c) To pay for the operation, maintenance, renewal, replacement and repair of its facilities, including necessary reserves and allowances for depreciation and decommissioning costs.

The authority is hereby authorized to fix, revise, charge and collect rents, fees and charges for the use of and for the electricity, products or services furnished or to be furnished by each facility and to contract with any person, partnership, association or corporation, or other body, public or private, in respect thereof.

(3) Rents, fees and charges for the electricity, product or service from a facility shall be revised and adjusted by the authority from time to time as necessary so as to provide funds sufficient, together with any other revenues or moneys available therefor, to pay the cost of maintaining, repairing and operating the facility and each and every portion thereof; and, to the extent that the payment of such cost has not otherwise been adequately provided for, to pay the principal of and the interest on outstanding bonds of the authority issued in respect of such facility as the same shall become due and payable.

(4) Notwithstanding the language, terms or definitions contained in sections 61-119 and 61-129, Idaho Code, the authority shall not be considered to be an electrical corporation as provided by section 61-119, Idaho Code, or a public utility as provided by section 61-129, Idaho Code, and the rents, fees and charges established by contract between the authority and one (1) or more participating utilities for the purchase and sale of the output or services provided by any facility shall not be subject to supervision or regulation by any department, commission, board, body, bureau or agency of this state other than the authority provided that any participating utility regulated pursuant to title 61, Idaho Code, shall be required to submit such contract to the commission to the extent required by title 61, Idaho Code.

History:

[67-8911, added 2005, ch. 53, sec. 1, p. 199.]
Idaho Code § 67-9412 — Idaho Code / Title 67 / Chapter 94 / Section 67-9412
67-9412 TREATMENT OF APPRENTICESHIP PROGRAMS FOR LICENSING PURPOSES.
Status: in_force

67-9412. Treatment of apprenticeship programs for licensing purposes. (1) For purposes of this section, "applicable apprenticeship program" means a paid on-the-job learning program that has been adopted by an Idaho licensing authority or the United States department of labor or a standards recognition entity recognized by the United States department of labor.

(2) A licensing authority shall grant a license to any applicant who has:

(a) Completed an applicable apprenticeship program;

(b) Passed an applicable examination, if required by a licensing authority;

(c) Paid any applicable fees; and

(d) Met any other criteria unrelated to training and education ordinarily required by a licensing authority.

(3) If a licensing authority denies licensure to an applicant on the basis that the applicant's apprenticeship is not an applicable apprenticeship program, such licensing authority shall issue such denial in writing and explain why the applicant's apprenticeship program has been deemed inapplicable by the licensing authority. Such decision shall be a final administrative action and shall be subject to judicial review.

(4) If a licensing authority requires an examination, it shall require the same passing score for applicants under this section as for non-apprentice applicants. If a relevant licensing authority does not require an examination, no examination shall be required for applicants seeking to obtain licensure through an applicable apprenticeship program.

(5) A licensing authority shall use the same licensing fee for applicants under this section as for applicants under the standard licensing process. If a licensing authority does not require a fee, no fee shall be required for applicants who obtain licensure through an applicable apprenticeship program.

(6) A licensing authority shall not establish increased education or training requirements, including increased hour requirements, for applicants who have completed an applicable apprenticeship program under this section.

(7) Licensing authorities may work with the relevant agencies, such as the state department of education, the workforce development council, and the division of career technical education to ensure that applicable apprenticeship programs are available and known to secondary and postsecondary students.

(8) Licensing authorities without applicable apprenticeship programs may consider apprenticeship programs as a path to licensure if, in the discretion of a licensing authority, apprenticeship is appropriate.

History:

[67-9412, added 2021, ch. 202, sec. 1, p. 553.]
Idaho Code § 67-4218 — Idaho Code / Title 67 / Chapter 42 / Section 67-4218
67-4218 DEPARTMENT OF PARKS AND RECREATION CREATED.
Status: in_force

67-4218. Department of parks and recreation created. There is hereby created a department of parks and recreation which shall be, for the purposes of section 20, article IV, of the constitution of the state of Idaho, an executive department of state government.

History:

[67-4218, added 1965, ch. 85, sec. 1, p. 139; am. 1972, ch. 65, sec. 2, p. 108; am. 1974, ch. 8, sec. 8, p. 35.]
Idaho Code § 67-4922A — Idaho Code / Title 67 / Chapter 49 / Section 67-4922A
67-4922A LEASING OF LAND AND IMPROVEMENTS.
Status: in_force

67-4922A. Leasing of land and improvements. No provision of chapter 49, title 67, Idaho Code, shall be construed to prevent the board from entering into a lease for improvements and for real estate for any period in their discretion, not to exceed thirty (30) years, and the board may contract for the leasing of improvements to be constructed upon premises owned by the district or otherwise, and the contract may also provide that at the expiration of the term of the lease, upon full performance of such lease by the district, the improvements and/or real estate, or so much thereof as is leased, may become the property of the district.

History:

[67-4922A, added 1978, ch. 276, sec. 7, p. 671; am. 1987, ch. 70, sec. 15, p. 138.]
Idaho Code § 67-5317 — Idaho Code / Title 67 / Chapter 53 / Section 67-5317
67-5317 CLASSIFIED EMPLOYEE PETITION FOR REVIEW PROCEDURE.
Status: in_force

67-5317. classified employee Petition for review procedure. (1) If a classified employee files a petition for review, the personnel commission shall review the record of the proceeding before the hearing officer, briefs submitted in accordance with any briefing schedule it orders, and any transcripts submitted of the hearing below. The commission may grant the parties the opportunity to present oral argument, but need not do so if the record clearly shows that the commission or the hearing officer lacks jurisdiction over the appeal or petition for review. The personnel commission may affirm, reverse or modify the decision of the hearing officer, may remand the matter, or may dismiss it for lack of jurisdiction.

(2) Any party in interest may file in the district court for the county in which any party to the proceedings resides, a certified copy of the decision of the commission, which the district court shall have the power to enforce by proper proceedings.

(3) A decision of the commission shall be final and conclusive between the parties, unless within forty-two (42) days of the filing of such decision either party appeals to the district court. Where the decision of the personnel commission directed the reinstatement of an employee, the employee shall be reinstated upon receipt of a copy of the decision unless a stay of the order be granted by the district court upon proper petition.

(4) Nonclassified employees are not eligible to seek review of any personnel action before the personnel commission.

History:

[67-5317, added 1986, ch. 134, sec. 6, p. 361; am. 1999, ch. 370, sec. 15, p. 994; am. 2022, ch. 112, sec. 10, p. 411.]
Idaho Code § 67-809 — Idaho Code / Title 67 / Chapter 8 / Section 67-809
67-809 DUTIES OF LIEUTENANT GOVERNOR — ACTUAL AND NECESSARY EXPENSES — COMPENSATION OF SENATE PRESIDENT PRO TEMPORE WHEN ACTING AS LIEUTENANT GOVERNOR.
Status: in_force

67-809. Duties of lieutenant governor — Actual and necessary expenses — compensation of senate president pro tempore when acting as lieutenant governor. (1) The lieutenant governor shall perform on a day to day basis such duties in and for the government of this state as the governor may from time to time direct. The lieutenant governor shall perform such additional duties as the governor may deem necessary and desirable to promote the improvement of state government and the development of the human, natural and industrial resources of this state. At the written direction of the governor, the lieutenant governor may represent the state in negotiations, compacts, hearings and other matters dealing with the states or the federal government. He shall cooperate with all state and local governmental agencies to promote and encourage the orderly development of the resources of Idaho.

The lieutenant governor shall also exercise the powers and privileges of the office of governor and presidency of the senate as provided by sections 12 and 13, article IV of the constitution of the state of Idaho.

(2) The lieutenant governor shall be entitled to receive the following expense allowances:

(a) As unvouchered expense allowances:

(i) While performing the duties of acting governor, the difference between the daily salary of lieutenant governor and the daily salary of governor, which amount shall be in addition to the salary as lieutenant governor. Such amount shall not be paid for any day on which the lieutenant governor claims an unvouchered expense allowance as president of the senate.

(ii) For each day spent serving as president of the senate during a legislative session, the per diem authorized for a member of the legislature by the citizen's committee on legislative compensation.

(iii) Actual mileage expense reimbursement for coming to and returning from any regular, extraordinary or organizational session of the legislature at the same rate as mileage expense reimbursement is made for other state officers and employees.

(iv) For each day actually spent in the office serving as lieutenant governor while the legislature is not in session, the same daily amount of per diem enumerated in subsection (2)(a)(ii) of this section.

(v) For each day actually spent in the office serving as lieutenant governor when the legislature is not in session, the sum of twenty-five dollars ($25.00) if the lieutenant governor maintains his primary residence in Ada county.

(b) As vouchered expense allowances:

(i) Actual and necessary expenses incurred while serving as president of the senate during a legislative session, subject to the same requirements and limitations as if a member of the legislature.

(ii) Actual and necessary expenses incurred while serving as lieutenant governor or as acting governor.

(3) Unvouchered expense allowances and vouchered expense reimbursement for duties performed as president of the senate shall be paid from the legislative fund. All other compensation and/or allowances for duties performed as the lieutenant governor shall be paid from the appropriation made for the office of the lieutenant governor.

(4) The actual and necessary expenses of the lieutenant governor while performing his official duties as lieutenant governor or as acting governor are hereby expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code (Standard Travel Pay and Allowance Act of 1949).

(5) Notwithstanding any other provisions of law to the contrary, when performing the duties of acting lieutenant governor, the president pro tempore of the senate will receive, in addition to his daily legislative compensation, an amount equal to the difference between that daily legislative compensation and the daily salary of the lieutenant governor.

History:

[67-809, added 1959, ch. 48, sec. 1, p. 103; am. 1967, ch. 232, sec. 1, p. 685; am. 1967, ch. 407, sec. 1, p. 1218; am. 1969, ch. 282, sec. 1, p. 855; am. 1977, ch. 283, sec. 1, p. 815; am. 1984, ch. 203, sec. 2, p. 499; am. 2001, ch. 269, sec. 1, p. 975; am. 2009, ch. 29, sec. 2, p. 81.]
Idaho Code § 67-9102 — Idaho Code / Title 67 / Chapter 91 / Section 67-9102
67-9102 STATE OUTDOOR SPORT SHOOTING RANGES — OPERATION AND USE — NOISE STANDARDS — MEASUREMENT.
Status: in_force

67-9102. State outdoor sport shooting ranges — Operation and use — Noise standards — Measurement. (1) The state agencies responsible for managing state outdoor sport shooting ranges shall establish criteria for the operation and use for each range. The provisions of chapter 26, title 55, Idaho Code, shall not apply to state outdoor sport shooting ranges.

(2) The legislature finds that state outdoor sport shooting ranges should be subject to uniform noise standards as specified in this section.

(3) The noise emitted from a state outdoor sport shooting range shall not exceed an Leq(h) of sixty-four (64) dBA.

(4) Sound pressure measurements shall be made twenty (20) feet from the nearest existing occupied residence, school, hotel, motel, hospital or church and in a location directly between the range and the nearest existing occupied residence, school, hotel, motel, hospital or church. If there are natural or artificial obstructions that prevent an accurate noise measurement, the measurement may be taken within an additional twenty (20) feet radius from the initial measurement location. If access to such location is not available, then sound pressure measurements shall be made at the range property line in a location directly between the range and the nearest existing occupied residence, school, hotel, motel, hospital or church.

(5) Sound pressure measurements shall be made on the A-weighted fast response mode scale. Measurements shall be taken during the noisiest hour of peak use during the operation of the range. Measurements shall be taken using a type 1 sound meter meeting the requirements of ANSI S1.4-1983.

(6) For the purposes of this section:

(a) "A-weighted" means a frequency weighting network used to account for changes in sensitivity as a function of frequency;

(b) "dBA" means A-weighted decibels, taking into account human response to sound energy in different frequency bands;

(c) "Decibel" means the unit of measure for sound pressure denoting the ratio between two quantities that are proportional to power. The number of decibels is ten (10) times the base ten logarithm of this ratio; and

(d) "Leq(h)" means the equivalent energy level that is the steady state level that contains the same amount of sound energy as a time varying sound level for a sixty (60) minute time period.

History:

[67-9102, added 2008, ch. 116, sec. 1, p. 322.]
Idaho Code § 67-1701 — Idaho Code / Title 67 / Chapter 17 / Section 67-1701
67-1701 APPOINTMENT OF COMMISSIONERS — QUALIFICATIONS — VACANCIES.
Status: in_force

67-1701. Appointment of commissioners — Qualifications — Vacancies. The governor shall appoint four (4) commissioners, each of whom shall be a member of the bar of this state, in good standing, who shall constitute and be known as the commission on uniform state laws, and upon the death, resignation or refusal to serve of any of the commissioners so appointed, the governor shall make an appointment to fill the vacancy so caused, such new appointment to be for the unexpired balance of the term of the original appointee. The commission shall be within the office of the secretary of state.

History:

[(67-1701) 1919, ch. 163, sec. 1, p. 530; C.S., sec. 226; I.C.A., sec. 65-1601; am. 1974, ch. 5, sec. 6, p. 23; am. 2000, ch. 138, sec. 1, p. 364.]
Idaho Code § 67-2604 — Idaho Code / Title 67 / Chapter 26 / Section 67-2604
67-2604 DUTIES OF DIVISION ADMINISTRATOR.
Status: in_force

67-2604. DUTIES OF DIVISION ADMINISTRATOR. (1) In administering the laws regulating professions, trades, and occupations within the division of occupational and professional licenses, and in addition to the authority granted to the administrator by the laws and rules of the agencies and entities within the division, the administrator may:

(a) Revise the operating structure of the division as needed to provide efficient and appropriate services to the various professions, trades, occupations, and programs administered within the division;

(b) Conduct examinations to ascertain the qualifications and fitness of applicants to exercise the profession, trade, or occupation for which an examination is held;

(c) Pass upon the qualifications of applicants for reciprocal licenses, certificates, registrations, and authorities;

(d) Prescribe rules for a fair and impartial method of examination of candidates to exercise the respective profession, trade, or occupation;

(e) Appoint hearing officers, administer oaths, take depositions of witnesses within or without the state in the manner provided by the administrative rules adopted by the division, issue subpoenas, compel the attendance of witnesses, and assess costs and fees incurred in the investigation and prosecution or defense of any certificate holder, licensee, or registrant of the division, in accordance with the provisions of section 12-117(5), Idaho Code, when applicable, the contested case provisions of chapter 52, title 67, Idaho Code, and the laws and rules of the agencies within the division;

(f) Assess civil penalties as authorized for a violation of laws or rules, provided that any such civil penalty collected for a violation of laws or rules shall not exceed one thousand dollars ($1,000), unless otherwise provided by statute or rule, and shall be deposited in the occupational licenses fund;

(g) Implement processes and promulgate rules for the administration of the chapters of those agencies assigned to the division, including but not limited to:

(i) The application, issuance, renewal, cancellation, and reinstatement of licenses, certificates, registrations, and permits, together with assessment of all related fees;

(ii) The terms by which fees may be prorated, if any;

(iii) A fee holiday for any specific board fee imposed in administrative rule; and

(iv) Procedures for the replacement of lost or destroyed licenses, certificates, or registrations;

(h) Employ individuals, make expenditures, enter into contracts, require reports, make investigations, travel, and take other actions deemed necessary;

(i) Collect and pay such fees as are required for criminal background checks of applicants, licensees, or registrants;

(j) Provide honoraria as set forth in section 59-509(p), Idaho Code;

(k) Require applications to be verified under oath;

(l) Require applicants to provide a clear and legible copy of a government-issued photo identification;

(m) Notwithstanding any other provisions of law, terminate an application that has not had any activity within one (1) year, unless otherwise specified in law or rule;

(n) Issue a license, certificate, permit, or authority only on behalf of an agency that has administrative rules approved by the legislature;

(o) Implement application processes that provide for clear administration of all licenses, registrations, permits, and certificates, including their status and history;

(p) Establish advisory committees as needed to provide efficient and appropriate services to the various professions, trades, occupations, and programs administered within the division; and

(q) Require applicants to submit fingerprints in accordance with the provisions of section 67-9411A, Idaho Code, to conduct criminal background checks, unless otherwise specified in law or rule.

(2) Notwithstanding any law governing any agency within the division, each board or commission member shall hold office until a successor has been duly appointed and qualified.

(3) The administrator shall administer the following provisions and shall perform such additional duties as are imposed by law: chapter 41, title 39, Idaho Code, relating to the Idaho building code; chapter 40, title 39, Idaho Code, relating to manufactured homes; chapter 43, title 39, Idaho Code, relating to modular buildings; chapter 21, title 44, Idaho Code, relating to manufactured home dealer and installer licensing; chapter 25, title 44, Idaho Code, relating to mobile home rehabilitation; chapter 10, title 54, Idaho Code, relating to electrical contractors and journeymen; chapter 19, title 54, Idaho Code, relating to public works contractors; chapter 26, title 54, Idaho Code, relating to plumbing and plumbers; chapter 45, title 54, Idaho Code, relating to public works construction management licensing; chapter 50, title 54, Idaho Code, relating to installation of heating, ventilation and air conditioning systems; chapter 80, title 39, Idaho Code, relating to uniform public school building safety; chapter 59, title 33, Idaho Code, relating to Idaho school safety and security; chapter 86, title 39, Idaho Code, relating to elevator safety; and chapter 22, title 55, Idaho Code, relating to underground facilities damage prevention.

(4) For those agencies listed in subsection (3) of this section, the administrator may, in addition to those powers listed in this chapter:

(a) Issue registrations, licenses, and certificates;

(b) Charge a fee of seventy-five dollars ($75.00) for each examination administered, unless a different fee is established in law or rule;

(c) Conduct hearings on proceedings to discipline, renew, or reinstate licenses, certificates, or authorities of persons exercising the respective profession, trade, or occupation;

(d) Revoke, suspend, refuse to renew, or take other disciplinary action against such licenses, certifications, or authorities; and

(e) Assess civil penalties as authorized for a violation of law or rule.

History:

[67-2604, added 2021, ch. 224, sec. 9, p. 663; am. 2022, ch. 48, sec. 2, p. 148; am. 2024, ch. 101, sec. 22, p. 463; am. 2025, ch. 104, sec. 1, p. 550.]
Idaho Code § 67-2339 — Idaho Code / Title 67 / Chapter 23 / Section 67-2339
67-2339 MUTUAL AID BY STATE AGENCIES.
Status: in_force

67-2339. Mutual aid by state agencies. State agencies may provide mutual aid, including personnel, equipment, detention facilities, including the state penitentiary and other available resources, to assist cities or political subdivisions in accordance with mutual aid agreements or at the direction of the governor.

History:

[67-2339, added I.C., sec. 67-2339, as added by 1973, ch. 66, sec. 3, p. 111.]
Idaho Code § 67-7506 — Idaho Code / Title 67 / Chapter 75 / Section 67-7506
67-7506 ENFORCEMENT.
Status: in_force

67-7506. Enforcement. Any enforcement officer may stop and board any vessel, except public vessels, on the waters of this state for the purpose of inspecting a marine sanitation device or to enforce the provisions of this chapter.

History:

[67-7506, added 1989, ch. 365, sec. 1, p. 914.]
Idaho Code § 67-1224 — Idaho Code / Title 67 / Chapter 12 / Section 67-1224
67-1224 IDAHO CREDIT RATING ENHANCEMENT COMMITTEE — MEMBERSHIP — COMPENSATION — QUORUM — MEETINGS — PERSONNEL.
Status: in_force

67-1224. Idaho credit rating enhancement committee — Membership — Compensation — Quorum — Meetings — Personnel. (1) There is hereby established in the office of the state treasurer the Idaho credit rating enhancement committee. The committee shall consist of the following members: the state treasurer, the administrator of the division of financial management, one (1) senator appointed by the president pro tempore of the senate and one (1) member of the house of representatives appointed by the speaker of the house of representatives. Other members of the committee shall be appointed by the governor after considering recommendations of the state treasurer and shall consist of one (1) member from each of the following entities knowledgeable on matters of public finance, including the Idaho state municipal bond bank, Idaho housing and finance association, Idaho state building authority, the department of education as a representative of the school bond guarantee fund and one (1) member at large.

(2) The term of an appointed member is two (2) years, but an appointed member serves at the pleasure of the appointing authority. Before the expiration of the term of an appointed member, the appointing authority shall appoint a successor. If there is a vacancy for any reason in the office of an appointed member, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

(3) A member of the committee shall be entitled to compensation and expenses as provided in section 59-509(b), Idaho Code, which shall be paid by the state treasurer.

(4) The state treasurer shall serve as chairperson of the committee, with such powers and duties necessary for the performance of that office as the committee determines appropriate.

(5) A majority of the members of the committee constitutes a quorum for the transaction of business.

(6) The committee shall meet at times and places specified by the call of the chairperson or by a majority of the members of the committee.

(7) The office of the state treasurer shall provide the committee with office space and clerical and other administrative support.

History:

[67-1224, added 2005, ch. 159, sec. 1, p. 491; am. 2013, ch. 219, sec. 1, p. 514.]
Idaho Code § 67-826 — Idaho Code / Title 67 / Chapter 8 / Section 67-826
67-826 IDAHO ROADLESS RULE IMPLEMENTATION COMMISSION.
Status: in_force

67-826. IDAHO ROADLESS RULE IMPLEMENTATION COMMISSION. (1) There is hereby established in the office of the governor an Idaho roadless rule implementation commission, hereinafter referred to as the "commission."

(2) The commission, in conjunction with the United States forest service, shall coordinate, advise, and propose projects, plans, and policies occurring within or affecting "Idaho roadless areas," as defined in 36 CFR 294.21.

(3) The commission shall, as a part of its role of reviewing and proposing projects, plans, and policies for Idaho roadless areas, coordinate and advise on activities related to shared stewardship, good neighbor authority, forest health, and the protection of communities at risk from wildfire within and adjacent to Idaho roadless areas.

(4) The commission shall coordinate and develop policies related to the United States forest service's implementation and interpretation of the Idaho roadless rule as codified in 36 CFR 294, subpart C.

(5) The commission shall, as necessary, enter into memoranda of understanding or other agreements with the United States forest service to cooperate on activities subject to the Idaho roadless rule as provided in 36 CFR 294, subpart C.

(6) The commission shall be supported by the governor's office of species, minerals, and energy coordination. Support for the commission shall include but is not limited to working with the United States forest service staff to propose and support projects within and adjacent to Idaho roadless areas, coordinate commission meetings, and other tasks as assigned by the commission or the governor.

(7) The members of the commission shall be appointed by and serve at the pleasure of the governor. The commission shall be composed of nine (9) to twelve (12) members. Three (3) members shall serve initial terms of four (4) years, three (3) members shall serve initial terms of three (3) years, and three (3) members shall serve initial terms of two (2) years. In the event that more than nine (9) members are appointed, such additional members shall serve initial terms of five (5) years. Following initial terms, members shall serve four (4) year terms. Members may be appointed from the following three (3) categories:

(a) Individuals who:

(i) Represent developed outdoor recreation, off-highway vehicle users or commercial recreation activities;

(ii) Represent energy or mineral development interests;

(iii) Represent the commercial timber industry; or

(iv) Hold a federal grazing lease or other federal land use lease.

(b) Individuals who:

(i) Represent an environmental organization;

(ii) Represent dispersed recreation activities;

(iii) Represent archaeological and historical interests; or

(iv) Represent a nationally or regionally recognized wildlife or sportsmen's interest group.

(c) Individuals who:

(i) Participated in the development of the Idaho roadless rule or were members of the roadless area conservation national advisory committee;

(ii) Hold state, county, or local elected office;

(iii) Represent an American Indian tribe within the state of Idaho; or

(iv) Represent the public at large.

(8) There shall be a chairman and a vice chairman of the commission elected by a majority of the members of the commission. A majority of the commissioners shall constitute a quorum.

(9) The commission meetings shall, if determined warranted, be held semiannually or at other times upon the call of the chairman or a majority of the commission.

(10) The commission shall prepare and submit an annual report, on or before January 15 of each year, to the senate resources and environment committee and the house resources and conservation committee reflecting the actions of the commission pursuant to the provisions of this section and setting forth the membership of the commission.

History:

[67-826, added 2018, ch. 27, sec. 1, p. 51; am. 2020, ch. 222, sec. 1, p. 654; am. 2026, ch. 66, sec. 13, p. 285.]
Idaho Code § 67-7131 — Idaho Code / Title 67 / Chapter 71 / Section 67-7131
67-7131 VOLUNTARY DONATIONS TO ACCOUNTS.
Status: in_force

67-7131. Voluntary Donations to Accounts. (1) An applicant for a certificate of number or nonresident user certificate for a snowmobile, pursuant to sections 67-7103 and 67-7104, Idaho Code, who makes application for the same directly from the department, and not through a vendor, may make a voluntary donation to support the state snowmobile fund pursuant to section 67-7106, Idaho Code, in conjunction with the application for certificate. The department shall include an accommodation to notify an applicant of the opportunity and to allow an applicant to designate such a donation and shall transfer all such funds received to the state snowmobile fund pursuant to section 67-7106, Idaho Code, at least monthly. None of the proceeds from voluntary donations pursuant to this section shall be used for administrative expenses of the department.

(2) An applicant for a certificate of number or nonresident user certificate for an off-highway vehicle pursuant to sections 67-7122 and 67-7124, Idaho Code, who makes application for the same directly from the department, and not through a vendor, may make a voluntary donation to support the OHV recreation account as established by section 67-7126, Idaho Code, in conjunction with the application for certificate. The department shall include an accommodation to notify an applicant of the opportunity and to allow an applicant to designate such a donation and shall transfer all such funds received to the OHV recreation account as established by section 67-7126, Idaho Code, at least monthly. None of the proceeds from voluntary donations pursuant to this section shall be used for administrative expenses of the department.

(3) The department may charge a convenience fee for any voluntary donation received pursuant to this section to offset any credit card processing fees or other bank fees associated with processing or receiving a voluntary donation.

History:

[67-7131, added 2021, ch. 149, sec. 22, p. 414.]
Idaho Code § 67-7035 — Idaho Code / Title 67 / Chapter 70 / Section 67-7035
67-7035 AGGRAVATED OPERATING WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER INTOXICATING SUBSTANCES.
Status: in_force

67-7035. Aggravated operating while under the influence of alcohol, drugs or any other intoxicating substances. (1) Any person causing great bodily harm, permanent disability or permanent disfigurement to any person other than himself in committing a violation of the provisions of section 67-7034, Idaho Code, is guilty of a felony, and upon conviction:

(a) Shall be sentenced to the state board of correction for not to exceed five (5) years, provided that notwithstanding the provisions of section 19-2601, Idaho Code, should the court impose any sentence other than incarceration in the state penitentiary, the defendant shall be sentenced to the county jail for a mandatory minimum period of not less than thirty (30) days; and further provided that notwithstanding the provisions of section 18-111, Idaho Code, a conviction under this section shall be deemed a felony;

(b) May be fined an amount not to exceed five thousand dollars ($5,000);

(c) Shall have his privileges to operate a vessel suspended by the court for a mandatory minimum period of one (1) year after release from imprisonment, and may have his privileges to operate a vessel suspended by the court for not to exceed two (2) years after release from imprisonment, during which time he shall have absolutely no privileges of any kind to operate a vessel; and

(d) Shall, when appropriate, be ordered by the court to pay restitution.

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

History:

[67-7035, added 1988, ch. 368, sec. 3, p. 1088.]
Idaho Code § 67-7425 — Idaho Code / Title 67 / Chapter 74 / Section 67-7425
67-7425 MISSTATEMENTS OR OMISSIONS.
Status: in_force

67-7425. Misstatements or omissions. Any person wilfully making a material misstatement or material omission of any disclosure item required by the commission shall be guilty of a felony.

History:

[67-7425, added 1988, ch. 232, sec. 2, p. 455; am. 1989, ch. 352, sec. 14, p. 889.]
Idaho Code § 67-6521 — Idaho Code / Title 67 / Chapter 65 / Section 67-6521
67-6521 ACTIONS BY AFFECTED PERSONS.
Status: in_force

67-6521. Actions by affected persons.

(1) (a) As used herein, an affected person shall mean one having a bona fide interest in real property which may be adversely affected by:

(i) The approval, denial or failure to act upon an application for a subdivision, variance, special use permit and such other similar applications required or authorized pursuant to this chapter;

(ii) The approval of an ordinance first establishing a zoning district upon annexation or the approval or denial of an application to change the zoning district applicable to specific parcels or sites pursuant to section 67-6511, Idaho Code; or

(iii) An approval or denial of an application for conditional rezoning pursuant to section 67-6511A, Idaho Code.

(b) Any affected person may at any time prior to final action on an application required or authorized under this chapter, if no hearing has been held on the application, petition the commission or governing board in writing to hold a hearing pursuant to section 67-6512, Idaho Code; provided however, that if twenty (20) affected persons petition for a hearing, the hearing shall be held.

(c) After a hearing, the commission or governing board may:

(i) Grant or deny an application; or

(ii) Delay such a decision for a definite period of time for further study or hearing. Each commission or governing board shall establish by ordinance or resolution a time period within which a recommendation or decision must be made.

(d) Every final decision rendered 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 affected person 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 ordinances seek judicial review as provided by chapter 52, title 67, Idaho Code.

(2) (a) Authority to exercise the regulatory power of zoning in land use planning shall not simultaneously displace coexisting eminent domain authority granted under section 14, article I, of the constitution of the state of Idaho and chapter 7, title 7, Idaho Code.

(b) An affected person claiming "just compensation" for a perceived "taking," the basis of the claim being that a final action restricting private property development is actually a regulatory action by local government deemed "necessary to complete the development of the material resources of the state," or necessary for other public uses, may seek a judicial determination of whether the claim comes within defined provisions of section 14, article I, of the constitution of the state of Idaho relating to eminent domain. Under these circumstances, the affected person is exempt from the provisions of subsection (1) of this section and may seek judicial review through an inverse condemnation action specifying neglect by local government to provide "just compensation" under the provisions of section 14, article I, of the constitution of the state of Idaho and chapter 7, title 7, Idaho Code.

History:

[67-6521, added I.C., sec. 67-6521, as added by 1975, ch. 188, sec. 2, p. 515; am. 1993, ch. 216, sec. 113, p. 679; am. 1996, ch. 199, sec. 1, p. 620; am. 2010, ch. 175, sec. 3, p. 361.]
Idaho Code § 67-2018 — Idaho Code / Title 67 / Chapter 20 / Section 67-2018
67-2018 AUDIT OF CLAIMS.
Status: in_force

67-2018. Audit of claims. It is the duty of the state board of examiners to examine all claims, except salaries and compensation of officers fixed by law, and except fixed appropriations for principal and interest of the public bonded debt, and except claims against the state already presented to the board and favorably reported by it to the legislature for passage. The board may approve or disapprove any claim or demand against the state, or any item thereof, or may recommend a less amount in payment of the whole, or any item thereof, and a decision of a majority of the members shall stand as the decision of the board. But no claim shall be examined, considered or acted upon by said board, unless the state controller, as secretary of the state board of examiners, shall have indorsed thereon the certificates required to be made by him by section 67-2014, Idaho Code, and unless receipted vouchers are filed therewith showing the payment of all items for which reimbursement is asked.

Expenditures for the ordinary operations of state government, for which appropriations have been made, need not be examined or reviewed by the board of examiners.

History:

[(67-2018) 1890-1891, p. 45, sec. 3; reen. 1899, p. 24, sec. 3; am. 1903, p. 373, sec. 1; am. 1905, p. 365, sec. 1; reen. R.C., sec. 146; am. 1913, ch. 15, sec. 4, p. 58; am. C.L. 11:13; C.S., sec. 242; I.C.A., sec. 65-2017; am. 1976, ch. 42, sec. 33, p. 109; am. 1994, ch. 180, sec. 191, p. 543.]
Idaho Code § 67-2202 — Idaho Code / Title 67 / Chapter 22 / Section 67-2202
67-2202 DATE FOR CLOSING ACCOUNTS.
Status: in_force

67-2202. Date for closing accounts. All officers, boards, departments and institutions of the state of Idaho shall keep and close all accounts and perform all duties in connection therewith, in accordance with said fiscal year, except as otherwise provided in the constitution.

History:

[67-2202, added 1941, ch. 63, sec. 2, p. 123.]
Idaho Code § 67-4409 — Idaho Code / Title 67 / Chapter 44 / Section 67-4409
67-4409 LAVA HOT SPRINGS CAPITAL IMPROVEMENT ACCOUNT.
Status: in_force

67-4409. Lava Hot Springs capital improvement account. There is hereby created and established in the agency asset fund in the state treasury a continuously appropriated account to be known as the Lava Hot Springs capital improvement account to which shall be credited or deposited such moneys and interest accruing over and above the operation and maintenance cost from the Lava Hot Springs foundation account, as the members of the foundation may from time to time determine. The purposes for which moneys in the account may be used shall be to acquire, purchase, improve, repair, furnish, and equip Lava Hot Springs facilities and sites. All claims against the account shall be examined, audited and allowed in the same manner now or hereafter provided by law for claims against the state. This account shall be invested by the state treasurer in investments permitted by section 67-1210, Idaho Code, and the interest shall be returned to the account.

History:

[67-4409, added 1980, ch. 355, sec. 1, p. 919; am. 2021, ch. 169, sec. 3, p. 474.]
Idaho Code § 67-4125 — Idaho Code / Title 67 / Chapter 41 / Section 67-4125
67-4125 BOARD MEETINGS — OFFICERS — QUORUM — EXPENSES.
Status: in_force

67-4125. Board meetings — Officers — Quorum — Expenses. The board shall hold such meetings as may be necessary for the orderly conduct of its business, with at least one (1) meeting in each calendar quarter, and from time to time on seventy-two (72) hours' notice of the chairman or of a majority of the members. At the first meeting of the board, and every two (2) years thereafter, the members of the board shall select a chairman and a vice chairman. Four (4) members shall be necessary to constitute a quorum at any meeting and action of the majority of members present shall be the action of the board.

The members of the board of trustees of the society shall be compensated as provided by section 59-509(h), Idaho Code.

History:

[67-4125, added 1970, ch. 145, sec. 3, p. 438; am. 1980, ch. 247, sec. 82, p. 648; am. 1989, ch. 32, sec. 2, p. 37; am. 1995, ch. 187, sec. 1, p. 675.]
Idaho Code § 67-7401 — Idaho Code / Title 67 / Chapter 74 / Section 67-7401
67-7401 PURPOSE.
Status: in_force

67-7401. Purpose. The purpose of this legislation is to establish a state lottery to generate revenue for the state with a director and a state lottery commission to oversee lottery operations. This chapter establishes a state lottery account for the deposit of receipts, for payment of prizes and expenses, and provides that revenues generated in the lottery account, after allowances for prizes and expenses, shall be distributed for the public benefit. This chapter provides for contracting with lottery retailers and authorizes the promulgation of administrative rules and regulations necessary for carrying out the intent of this chapter. The lottery commission and the director of the lottery shall be responsible for operating the lottery at the least public expense and the smallest staffing possible, commensurate with all other policies stated in this chapter. Additionally, all advertising by the lottery shall be conducted in a manner consonant with the dignity of the state and the sensibilities of its citizens.

History:

[67-7401, added 1988, ch. 232, sec. 2, p. 446.]
Idaho Code § 67-450B — Idaho Code / Title 67 / Chapter 4 / Section 67-450B
67-450B INDEPENDENT FINANCIAL AUDITS OF LOCAL GOVERNMENTAL ENTITIES — FILING REQUIREMENTS.
Status: in_force

67-450B. Independent financial audits of LOCAL governmental entities — Filing requirements.

(1)(a) The requirements set forth in this section are minimum audit requirements for all local governmental entities, and include, without limitation, all cities, counties, authorities and districts organized as separate legal and reporting entities under Idaho law, and include the councils, commissions and boards as appointed or elected and charged with fiscal management responsibilities of the local governmental entity.

(b) Audits under these requirements are to be performed by independent auditors in accordance with generally accepted governmental auditing standards, as defined by the United States general accountability office. The auditor shall be employed on written contract.

(c) The entity's governing body shall be required to include in its annual budget all necessary expenses for carrying out the provisions of this section.

(d) The entity shall file one (1) copy of each completed audit report with the legislative services office within nine (9) months after the end of the audit period.

(2) The minimum requirements for any audit performed under the provisions of this section are:

(a) The governing body of a local governmental entity whose annual expenditures from all sources exceed three hundred thousand dollars ($300,000) shall cause a full and complete audit of its financial statements to be made each fiscal year.

(b) The governing body of a local governmental entity whose annual expenditures from all sources exceed two hundred thousand dollars ($200,000), but do not exceed three hundred thousand dollars ($300,000) in the current year, shall have an annual audit or may elect to have its financial statements audited on a biennial basis. The first year that expenditures exceed two hundred thousand dollars ($200,000) is the first year of the biennial audit period. The local governmental entity may continue the biennial audit cycle in subsequent years as long as the entity's annual expenditures during the first year of the biennial audit period do not exceed three hundred thousand dollars ($300,000). In the event that annual expenditures exceed three hundred thousand dollars ($300,000) in the current year following a year in which a biennial audit was completed, the local governmental entity shall complete an annual audit. In the event that annual expenditures in the current year do not exceed two hundred thousand dollars ($200,000) following a year in which an annual or biennial audit was completed, the local governmental entity has no minimum audit requirement.

(c) The governing body of a local governmental entity whose annual expenditures from all sources do not exceed two hundred thousand dollars ($200,000) has no minimum audit requirements under this section.

(d) Federal audit requirements applicable because of expenditure of federal assistance supersede the minimum audit requirements provided in this section.

History:

[67-450B, added 1993, ch. 387, sec. 1, p. 1418; am. 1996, ch. 47, sec. 1, p. 140; am. 2009, ch. 52, sec. 9, p. 140; am. 2011, ch. 21, sec. 1, p. 59; am. 2015, ch. 244, sec. 40, p. 1029; am. 2019, ch. 203, sec. 1, p. 622; am. 2025, ch. 71, sec. 1, p. 331.]
Idaho Code § 67-6529 — Idaho Code / Title 67 / Chapter 65 / Section 67-6529
67-6529 APPLICABILITY TO AGRICULTURAL LAND — COUNTIES MAY REGULATE SITING OF CERTAIN ANIMAL OPERATIONS AND FACILITIES.
Status: in_force

67-6529. Applicability to agricultural land — Counties may regulate siting of certain animal operations and facilities. (1) No power granted hereby shall be construed to empower a board of county commissioners to enact any ordinance or resolution which deprives any owner of full and complete use of agricultural land for production of any agricultural product. Agricultural land shall be defined by local ordinance or resolution.

(2) Notwithstanding any provision of law to the contrary, a board of county commissioners shall enact ordinances and resolutions to regulate the siting of large confined animal feeding operations and facilities, as they shall be defined by the board, provided however, that the definition of a confined animal feeding operation shall not be less restrictive than the definition contained in section 67-6529C, Idaho Code, including the approval or rejection of sites for the operations and facilities. At a minimum, a county's ordinance or resolution shall provide that the board of county commissioners shall hold at least one (1) public hearing affording the public an opportunity to comment on each proposed site before the siting of such facility. Several sites may be considered at any one (1) public hearing. Only members of the public with their primary residence within a one (1) mile radius of a proposed site may provide comment at the hearing. However, this distance may be increased by the board. A record of each hearing and comments received shall be made by the board. The comments shall be duly considered by the board when deciding whether to approve or reject a proposed site. A board of county commissioners may reject a site regardless of the approval or rejection of the site by a state agency.

History:

[67-6529, added I.C., sec. 67-6529, as added by 1975, ch. 188, sec. 2, p. 515; am. 2000, ch. 217, sec. 1, p. 605; am. 2003, ch. 297, sec. 1, p. 805.]
Idaho Code § 67-6215A — Idaho Code / Title 67 / Chapter 62 / Section 67-6215A
67-6215A REMEDIES OF BONDHOLDERS.
Status: in_force

67-6215A. Remedies of bondholders. In the event that the association shall default in the payment of principal of or interest on any issue of notes and bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days, or in the event that the association shall fail or refuse to comply with the provisions of this act, or shall default in any agreement made with the holders of any issue of notes or bonds, the holders of twenty-five percent (25%) in aggregate principal amount of the notes or bonds of such issue then outstanding, by instrument or instruments filed in the office of the clerk of the county of Ada, and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such notes or bonds for the purposes herein provided.

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

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

(2) bring suit upon such notes or bonds;

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

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

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

(b) The district court shall have jurisdiction of any suit, action or proceeding by the trustee on behalf of such noteholders or bondholders. The venue of any such suit, action or proceeding shall be laid in the county of Ada.

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

History:

[67-6215A, added I.C., sec. 67-6215A, as added by 1974, ch. 104, sec. 24, p. 1210; am. 1996, ch. 253, sec. 19, p. 824.]
Idaho Code § 67-9218 — Idaho Code / Title 67 / Chapter 92 / Section 67-9218
67-9218 PAYMENT OF CONTRACTORS.
Status: in_force

67-9218. payment of contractors. (1) Within ten (10) days after the property acquired is delivered as called for by the specifications, the acquiring agency shall complete all processing required of that agency to permit the contractor to be paid according to the terms of the contract.

(2) Within ten (10) days of receipt of the documents necessary to permit payment of the contractor according to the terms of the contract, the state controller shall cause a warrant to be issued in favor of the contractor and delivered.

(3) Contracts let or entered into by or through the division of purchasing are exempt from the provisions of section 67-2302, Idaho Code; provided however, that late contract payments may be assessed interest by the contractor at the rate set forth in section 63-3045, Idaho Code, unless another rate is established by the contract.

History:

[67-9218, added 2016, ch. 289, sec. 4, p. 798.]
Idaho Code § 67-9202 — Idaho Code / Title 67 / Chapter 92 / Section 67-9202
67-9202 DECLARATION OF POLICY.
Status: in_force

67-9202. declaration of policy. The Idaho legislature, recognizing that an offered low price is not always indicative of the greatest value, declares it to be the policy of the state:

(1) To engage in open, competitive acquisitions of property; and

(2) To maximize the value received by the state with attendant benefits to the citizens.

History:

[67-9202, added 2016, ch. 289, sec. 4, p. 793.]
Idaho Code § 67-9403 — Idaho Code / Title 67 / Chapter 94 / Section 67-9403
67-9403 DEFINITIONS.
Status: in_force

67-9403. Definitions. As used in this chapter:

(1) "Honorable conditions" means an honorable discharge or a general discharge "under honorable conditions."

(2) "Licensing authority" means any agency, bureau, commission, department, division, or professional or occupational licensing board charged with granting, suspending, or revoking the license, certificate, registration, permit, or other authorization of any person to practice a profession or occupation, including but not limited to the professional and occupational licensing boards within the department of self-governing agencies. The term licensing authority does not include the board of commissioners of the Idaho state bar as established pursuant to chapter 4, title 3, Idaho Code, or the Idaho supreme court.

(3) "Licensure" means a license, certificate, certification, registration, permit, or other authorization of any person to practice a profession or occupation.

(4) "Military" means the armed forces or reserves of the United States, including the army, navy, marine corps, coast guard, space force, air force, and the reserve components thereof, the national guard of any state, the military reserves of any state, or the naval militia of any state.

(5) "Veteran" means any person who has been discharged or released from active duty in the armed forces under honorable conditions, provided the person has served on active duty for a minimum of one hundred eighty (180) consecutive days.

History:

[(67-9403) 67-9303, added 2019, ch. 296, sec. 1, p. 878; am. and redesig. 2021, ch. 321, sec. 42, p. 985; am. 2023, ch. 124, sec. 1, p. 357; am. 2024, ch. 266, sec. 4, p. 929; am. 2025, ch. 63, sec. 2, p. 300.]
Idaho Code § 67-4904 — Idaho Code / Title 67 / Chapter 49 / Section 67-4904
67-4904 PETITION — CONTENTS — AMENDMENTS.
Status: in_force

67-4904. Petition — Contents — Amendments. The organization of a district shall be initiated by a petition filed in the office of the clerk of the court vested with jurisdiction, in a county in which the major part of the real property in the proposed district is situated. The petition shall be signed by not less than ten percent (10%) of the qualified electors who reside within the boundaries of the proposed district, and not less than ten (10) of whom shall reside in each election precinct which is wholly or partially within the boundaries of any such proposed district.

The petition shall set forth:

(1) The name of the proposed district consisting of a chosen name preceding the words, "auditorium or community center district."

(2) A general description of the facilities to be constructed and any marketing programs for such facilities within and for the district.

(3) The estimated cost of the proposed facilities and any marketing programs for such facilities and the estimated annual budget for the proposed district.

(4) The maximum tax rate that the board will be authorized to levy or impose.

(5) A general description of the boundaries of the district or the territory to be included therein, with such certainty as to enable a property owner to determine whether or not his property is within the district.

(6) A prayer for the organization of the district.

No petition with the requisite signatures shall be declared null and void on account of alleged clerical errors or nonmaterial errors in the description of the territory, but the court may at any time permit the petition to be amended to conform to the facts by correcting any clerical or nonmaterial errors in the description of the territory, or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and shall together be regarded as one (1) petition. All such petitions filed prior to the hearing on the first petition filed, shall be considered by the court the same as though filed with the first petition placed on file.

History:

[67-4904, added 1959, ch. 137, sec. 4, p. 299; am. 1963, ch. 95, sec. 1, p. 312; am. 1978, ch. 20, sec. 1, p. 40; am. 1978, ch. 276, sec. 3, p. 668; am. 1998, ch. 21, sec. 2, p. 124; am. 2001, ch. 258, sec. 2, p. 927.]
Idaho Code § 67-8108 — Idaho Code / Title 67 / Chapter 81 / Section 67-8108
67-8108 PRECONSTRUCTION TECHNICAL ASSISTANCE.
Status: in_force

67-8108. Preconstruction technical assistance. (1) The association may use moneys from the housing trust fund to provide preconstruction technical assistance to eligible recipients seeking to construct, rehabilitate, or finance housing-related services for the low-income and very low-income persons. In so doing, the association shall emphasize providing preconstruction technical assistance services to rural areas and small cities and towns. The association may contract with nonprofit organizations to provide this technical assistance. The association may contract for any of the following services:

(a) Financial planning and packaging for housing projects, including alternative ownership programs, such as limited equity partnerships and syndications;

(b) Project design, architectural planning and siting;

(c) Compliance with planning requirements;

(d) Securing matching resources for project developments;

(e) Maximizing local government contributions to project development in the form of land donations, infrastructure improvements, waivers of development fees, locally and state-managed funds, zoning variances, or creative local planning;

(f) Coordination with local planning, economic development, and environmental, social service and recreational activities;

(g) Construction and materials management; and

(h) Project maintenance and management.

(2) The association may publish requests for proposals which specify contract performance standards, award criteria and contractor requirements. In evaluating proposals, the association shall consider the ability of the contractor to provide technical assistance to low-income and very low-income persons and to persons with special housing needs.

History:

[67-8108, added 1992, ch. 267, sec. 1, p. 828; am. 1996, ch. 253, sec. 39, p. 834.]
Idaho Code § 67-7710 — Idaho Code / Title 67 / Chapter 77 / Section 67-7710
67-7710 RAFFLES — DUCK RACES.
Status: in_force

67-7710. Raffles — Duck races. (1) It is lawful for any charitable or nonprofit organization to conduct raffles in accordance with the provisions of this chapter. Any charitable or nonprofit organization or any person that conducts a raffle in violation of any provision of this chapter may be assessed a civil penalty not in excess of ten thousand dollars ($10,000) per violation. Additionally, any person knowingly conducting a raffle in violation of any provision of this chapter or rule of the state lottery commission may be charged under the gambling laws of the state contained in chapter 38, title 18, Idaho Code, and may be assessed a civil penalty by the lottery not in excess of ten thousand dollars ($10,000) per violation. It shall not constitute a violation of state law to advertise a charitable raffle conducted pursuant to this section. It is lawful to participate in a charitable raffle conducted pursuant to this chapter. A charitable raffle conducted lawfully pursuant to this chapter is not gambling for purposes of chapter 38, title 18, Idaho Code.

(2) Raffle drawings must be held in Idaho and shall be limited to twelve (12) per charitable or nonprofit organization per year, provided that this limitation shall not apply to public or private elementary schools, secondary schools or higher education institutions located in this state. The maximum aggregate value of cash prize(s) that may be offered or paid for any one (1) raffle, which is not a duck race is one thousand dollars ($1,000) and if merchandise is used as a prize and it is not redeemable for cash, there shall be no limit on the maximum amount of value for the merchandise. For duck races, there shall be no limit on the maximum amount of the value of a cash prize if the cash prize is underwritten by insurance. If a duck race offers a cash prize that is not underwritten by insurance, the maximum aggregate value of the cash prize(s) is one thousand dollars ($1,000). There shall be no limit on the maximum of value for merchandise used as a prize in a duck race if the merchandise is not redeemable for cash.

(3) As used in this subsection, "net proceeds of a charitable raffle" means the gross receipts less the cost of prizes awarded. "Net proceeds of a duck race" shall mean gross receipts, less the cost of prizes awarded and the rental cost of the ducks used in the race. No less than eighty percent (80%) of the net proceeds of a raffle shall be used by the charitable or nonprofit organization for charitable, religious, educational, civic or other charitable purposes.

(4) Any licensed charitable or nonprofit organization conducting raffles pursuant to this chapter shall prepare a statement at the close of its license year and shall file such statement with the state lottery. The statement shall be prepared on a form prescribed by the lottery commission and shall include, at a minimum, the following information:

(a) The number of raffles conducted or sponsored by the charitable or nonprofit organization;

(b) The location and date at which each raffle was conducted;

(c) The gross revenues of each raffle;

(d) The fair market value of any prize given at each raffle;

(e) The amount paid in prizes at each raffle;

(f) The amount paid to the charitable or nonprofit organization;

(g) An accounting of all gross revenues and the disbursements required by statute and rule of the state lottery commission that shall be retained in the organization's records for a period of five (5) years.

(5) Every charitable or nonprofit organization whose annual gross revenues exceed two hundred thousand dollars ($200,000) from the operation of raffle events shall provide the state lottery with a copy of an annual audit of the raffle events. The audit shall be performed by a certified public accountant who is licensed in the state of Idaho and who meets the peer review requirements set forth by the Idaho state board of accountancy. The audit shall be submitted to the Idaho state lottery within ninety (90) days after the end of the license year.

History:

[(67-7710) 67-7706, added 1993, ch. 391, sec. 2, p. 1451; am. 1994, ch. 281, sec. 4, p. 878; am. and redesig. 1995, ch. 350, sec. 9, p. 1158; am. 1996, ch. 382, sec. 6, p. 1299; am. 1999, ch. 134, sec. 1, p. 380; am. 2000, ch. 340, sec. 8, p. 1141; am. 2005, ch. 356, sec. 2, p. 1127; am. 2012, ch. 259, sec. 2, p. 721; am. 2013, ch. 251, sec. 8, p. 617.]
Idaho Code § 67-7704 — Idaho Code / Title 67 / Chapter 77 / Section 67-7704
67-7704 BINGO-RAFFLE ADVISORY BOARD — MEMBERS — APPOINTMENT — QUALIFICATIONS.
Status: in_force

67-7704. Bingo-raffle advisory board — Members — Appointment — Qualifications. (1) The bingo-raffle advisory board shall consist of six (6) members appointed by the governor and confirmed by the senate. Members shall be selected and appointed because of their ability and disposition to serve the state's interest and for knowledge of bingo and raffle operations. Members appointed by the governor shall serve at the pleasure of the governor, and shall be residents over twenty-five (25) years of age who have experience in administrating, conducting or regulating bingo or raffle operations. There shall be one (1) member from each of the following six (6) districts initially established as follows:

(a) District No. 1. The counties of Benewah, Bonner, Boundary, Kootenai and Shoshone.

(b) District No. 2. The counties of Clearwater, Idaho, Latah, Lewis and Nez Perce.

(c) District No. 3. The counties of Ada, Adams, Boise, Canyon, Elmore, Gem, Payette, Owyhee, Valley and Washington.

(d) District No. 4. The counties of Blaine, Camas, Cassia, Gooding, Jerome, Lincoln, Minidoka and Twin Falls.

(e) District No. 5. The counties of Bannock, Bear Lake, Bingham, Caribou, Franklin, Oneida and Power.

(f) District No. 6. The counties of Bonneville, Butte, Clark, Custer, Fremont, Jefferson, Lemhi, Madison and Teton.

(2) The terms of appointed members of the bingo-raffle advisory board shall be three (3) years. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A vacancy of the board shall be filled in the same manner as regular appointments are made, and the term shall be for the unexpired portion of the regular term. No member of the board shall have a direct or indirect pecuniary interest in any contract or agreement entered into by the board. No more than three (3) members of the board shall belong to the same political party.

History:

[67-7704, added 1995, ch. 350, sec. 3, p. 1153; am. 2000, ch. 340, sec. 3, p. 1137; am. 2013, ch. 251, sec. 3, p. 612.]
Idaho Code § 67-5271 — Idaho Code / Title 67 / Chapter 52 / Section 67-5271
67-5271 EXHAUSTION OF ADMINISTRATIVE REMEDIES.
Status: in_force

67-5271. Exhaustion of administrative remedies. (1) A person is not entitled to judicial review of an agency action until that person has exhausted all administrative remedies required in this chapter.

(2) A preliminary, procedural, or intermediate agency action or ruling is immediately reviewable if review of the final agency action would not provide an adequate remedy.

History:

[67-5271, added 1992, ch. 263, sec. 43, p. 812.]
Idaho Code § 67-4930 — Idaho Code / Title 67 / Chapter 49 / Section 67-4930
67-4930 DISSOLUTION OF DISTRICT — PROCEDURE.
Status: in_force

67-4930. Dissolution of district — Procedure. An auditorium district may be dissolved as follows:

(a) Any person or persons may file a petition for the dissolution of an auditorium district with the clerk. Such petition, which may be in one (1) or more papers, shall state the name of the district and shall be signed by not less than three thousand (3,000) qualified electors resident within the boundaries of the district or fifteen percent (15%) of the total number of qualified electors resident within the boundaries of the district, whichever is less.

(b) Within thirty (30) days after the filing of such petition, the county commissioners shall determine whether or not the same substantially complies with the requirements of this section. If the county commissioners find that there has not been substantial compliance with such requirements, they shall enter an order to that effect specifying the particular deficiencies and dismissing the petition. If the county commissioners find that there has been substantial compliance with such requirements, the county commissioners shall forthwith enter an order to that effect and call an election for the dissolution of such district to be held at the same time as the next county general election, as provided in this section.

(c) If the county commissioners order an election as provided in this section, such election shall be conducted and notice thereof given by the county clerk in accordance with the provisions of title 34, Idaho Code.

(d) Immediately after such election, the county commissioners shall canvass the vote as provided in chapter 12, title 34, Idaho Code. If one-half (1/2) or more of the votes cast at such election are against the dissolution of such district, the county commissioners shall enter an order so finding and declaring that such district shall not be dissolved. If more than one-half (1/2) of the votes cast at such election are in favor of dissolving such district, the county commissioners shall enter an order so finding and declaring such district duly dissolved. The county commissioners shall cause one (1) certified copy of such order to be filed in the office of the county recorder of such county. Immediately upon the entry of such order, the dissolution of such district shall be complete.

(e) Upon such dissolution being complete, title to all property of the dissolved district shall vest in the county where such property is situated. The county commissioners shall then: sell and dispose thereof in the manner provided by law for the sale or disposition of county property; apply the proceeds thereof to pay any lawful claims against the dissolved district, if any; and apply the balance remaining, if any, to any public purpose within the county.

(f) When the boundaries of the district lie in two (2) or more counties, the county commissioners of each county shall act separately in the election and dissolution of that part of the district contained in their county but the county commissioners of each such county shall meet together before calling such election and provide for uniform proceedings in each county. If there is any balance remaining after sale and disposition of the property of such dissolved district, it shall be prorated among such counties in proportion to each county's share of the total assessed valuation of such dissolved district for the preceding calendar year.

(g) After such election, the validity of the proceedings hereunder shall not be affected by any defect in the petition or in the number or qualifications of the signers thereof, and in no event shall any action be commenced or maintained or defense made affecting the validity of the dissolution of such district after six (6) months has expired from the date of entering the order declaring the dissolution of such district.

History:

[67-4930, added I.C., sec. 67-4930, as added by 1975, ch. 154, sec. 2, p. 395; am. 2009, ch. 341, sec. 154, p. 1074; am. 2024, ch. 165, sec. 1, p. 630.]
Idaho Code § 67-2303 — Idaho Code / Title 67 / Chapter 23 / Section 67-2303
67-2303 DISPLAY OF POW/MIA FLAG.
Status: in_force

67-2303. Display of pow/mia flag. The POW/MIA flag may be displayed on any day when the United States flag is displayed and in accordance with rules as promulgated by the division of veterans services pursuant to the provisions of section 67-2303A, Idaho Code.

History:

[67-2303, added 2011, ch. 209, sec. 1, p. 590; am. 2012, ch. 199, sec. 1, p. 534.]
Idaho Code § 67-6206 — Idaho Code / Title 67 / Chapter 62 / Section 67-6206
67-6206 POWERS OF ASSOCIATION.
Status: in_force

67-6206. Powers of association. The housing and finance association is an independent public body corporate and politic, exercising public and essential governmental functions, and having all the powers which are hereby declared to be public purposes necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to others herein granted:

(a) To sue and to be sued; to have a seal and to alter the same at pleasure; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the association; and to make and from time to time amend and repeal bylaws, rules, not inconsistent with this chapter, to carry into effect the powers and purposes of the association.

(b) To conduct its operations within any or all of the counties of the state.

(c) To cooperate with housing authorities throughout Idaho in the development of housing projects.

(d) To assign priorities for action and revise or modify said priorities from time to time.

(e) To make and execute agreements, contracts and other instruments necessary or convenient in the exercise of the powers and functions of the association under this chapter, including contracts with any housing sponsor, mortgage lender, person, firm, corporation, governmental agency, or other entity; and to include in any contract let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the project and to designate mortgage lenders to act for and in behalf of the association, with respect to originating or servicing and processing mortgage loans of the association, and to pay the reasonable value of service rendered to the association by such mortgage lenders pursuant to contracts with mortgage lenders.

(f) To lease, sell, construct, finance, reconstruct, restore, rehabilitate, operate or rent any housing projects, nonprofit facilities or any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project or nonprofit facilities and, subject to the limitations contained in this chapter, to establish and revise the rents or charges therefor.

(g) To own, hold and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, eminent domain or otherwise, any real or personal property or any interest therein.

(h) To acquire any real property; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or any interest therein.

(i) To insure or provide for the insurance of any real or personal property or operation of the association against any risks or hazards, and to procure or agree to the procurement of insurance or guarantees from the federal government or other source for the payment or purchase of any bonds or parts thereof issued by the association, including the power to pay for any such insurance or guarantees.

(j) To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which a bank, as defined in the "bank act," title 26, Idaho Code, may legally invest funds including without limitation, to agree to purchase the obligations of any federal, state or local government upon such conditions as the association may determine to be prudent and in its best interest.

(k) Within its area of operation: to investigate into living, dwelling and housing conditions and into the means and methods of improving such conditions; to determine where slum areas exist or where there is a shortage of adequate, safe and sanitary dwelling accommodations for persons of low income; to make studies and recommendations relating to the problem of clearing, replanning and reconstruction of slum areas and the problem of providing dwelling accommodations for persons of low income, and to cooperate with the city, the county, the state or any political subdivision thereof in action taken in connection with such problems; and to engage in research, studies and experimentation on the subject of housing.

(l) To participate in cooperative ventures with any agencies, organizations and individuals in order to undertake the provision of housing for persons of low income, to undertake the provision of nonprofit facilities, economic development projects or agricultural facilities.

(m) To provide research and technical assistance to eligible agencies, organizations and individuals eligible to develop low-cost housing and to research new low-cost housing development and construction methods.

(n) To make and undertake commitments to make or participate in the making of mortgage loans to persons of low income and to housing sponsors, including without limitation federally insured mortgage loans, and to make temporary loans and advances in anticipation of permanent loans to housing sponsors; said mortgage loans to housing sponsors shall be made to finance the construction, improvement, or rehabilitation of housing projects for persons of low income, and/or mixed income housing projects upon the terms and conditions set forth in this chapter; provided however, that such loans shall be made only upon the determination by the association that mortgage loans are not otherwise available, wholly or in part, from private lenders upon reasonably equivalent terms and conditions.

(o) To purchase, or make commitments to purchase or participate in the purchase of mortgage loans from mortgage lenders which loans have been made for the construction, improvement, or rehabilitation of housing projects for persons of low income and/or mixed income housing projects or loans which have been made to persons of low income for residential housing, upon terms set forth in this chapter; provided however, that any such purchase shall be made only upon the determination by the association that the mortgage loans to be made are not otherwise being made by mortgage lenders upon reasonably equivalent terms and conditions. Also, to purchase, or make commitments to purchase or participate in the purchase of mortgage loans from mortgage lenders whether or not said loans were made to persons of low income, upon terms set forth in this chapter; provided, however, that the proceeds from such purchase or the equivalent thereof shall be reinvested in obligations of the association, in mortgage loans to persons of low income or in mortgage loans for housing projects for persons of low income and/or mixed income housing projects, and provided that any such purchase shall be made only upon the determination by the association that the mortgage loans to be made are not otherwise being made by mortgage lenders upon reasonably equivalent terms and conditions.

(p) To provide interim financing for housing projects including mixed income housing projects approved by the association, provided that the association has determined that such financing is not otherwise available from mortgage lenders upon reasonably equivalent terms and conditions.

(q) To prescribe rules and policies in connection with the performance of its functions and duties.

(r) To do all other things deemed necessary and desirable to accomplish the objectives of this chapter.

(s) To borrow money and issue bonds and notes or other obligations, to invest the proceeds thereof in any lawful manner and to fund or refund the same, and to provide for the rights of the holders of its obligations as provided in this chapter and in connection therewith, to waive, by resolution or other document of the association, the exemption from federal income taxation of interest on any of the association's obligations under existing or future federal law and to establish, maintain and preserve the association's general obligation rating and any rating on its bonds, notes or other obligations.

(t) To receive and accept aid or contributions from any source.

(u) To employ architects, engineers, attorneys, accountants, housing construction and financial experts and such other advisors, consultants and agents as may be necessary in its judgment and to fix their compensation.

(v) To insure mortgage payments of any mortgage loan made for the purpose of constructing, rehabilitating, purchasing, leasing, or refinancing housing projects upon such terms and conditions as the association may prescribe.

(w) To fix and revise from time to time and charge and collect fees and charges in connection with loans made or other services provided by the association pursuant to this chapter, and to make and publish rules respecting the making and purchase of mortgage loans.

(x) To organize a nonprofit corporation to assist the association in providing for housing projects.

(y) To enter upon and inspect any housing project, including housing projects undertaken by housing sponsors, for the purpose of investigating the physical and financial condition thereof, and its construction, rehabilitation, operation, management and maintenance, and to examine all books and records with respect to capitalization, income and other matters relating thereto.

(z) To order such alterations, changes or repairs as may be necessary to protect the security of its investment in a housing project or the health, safety, and welfare of the occupants thereof.

(aa) To make or purchase secured loans for the purpose of providing temporary or permanent financing or refinancing of all or part of the project costs of any nonprofit facility, economic development project or agricultural facility, including the refunding of any outstanding obligations, mortgages or advances issued, made or given by any person for the project costs of a nonprofit facility, economic development project or agricultural facility; provided that private financial institutions shall be involved in providing such financing for economic development projects, and further, that the association will work with private financial institutions as the primary or preferred credit enhancement providers if credit enhancement is needed for such financings, and to charge and collect interest on the loans for the loan payments upon such terms and conditions, including without limitation bond rating and issuance conditions, as the board of commissioners considers advisable which are not in conflict with this chapter.

(bb) As security for the payment of the principal of and interest on any revenue bonds issued and any agreements made in connection therewith, to mortgage, pledge, or otherwise encumber any or all of nonprofit facilities, economic development projects or agricultural facilities or any part or parts thereof, whether then owned or thereafter acquired, and to assign any mortgage and repledge any security conveyed to the association, to secure any loan made by the association and to pledge the revenues and receipts therefrom.

(cc) To issue bonds for the purpose of financing all or part of the project cost on any nonprofit facility, economic development project or agricultural facility and to secure the payment of the bonds as provided in this chapter.

(dd) To purchase or sell by installment contract or otherwise, and convey all or any part of any nonprofit facility, economic development project or agricultural facility for such purchase price and upon such terms and conditions as this board of commissioners considers advisable which are not in conflict with this chapter.

(ee) To lease all or any part of any nonprofit facility, economic development project or agricultural facility for such rentals and upon such terms and conditions, including options to purchase, as the board of commissioners considers advisable and not in conflict with this chapter.

(ff) To construct and maintain one (1) or more nonprofit facilities, economic development projects or agricultural facilities, provided that the association shall not operate any nonprofit facility, economic development project or agricultural facility as a business other than as lessor, seller or lender. The purchase, holding and enforcing of mortgages, deeds of trust, or other security interests and contracting for any servicing thereof is not considered the operation of a nonprofit facility, economic development project or agricultural facility as a business.

(gg) To act as the designated housing resource clearinghouse in the state for matters relating to affordable housing.

(hh) To coordinate the development and maintenance of a housing policy for the state.

(ii) To enter into agreements or other transactions with and accept grants, reimbursements or other payments and the cooperation of the United States or any agency thereof or of the state of Idaho or any agency thereof or municipality of the state in furtherance of the purposes of this act, including, but not limited to, the development, maintenance, operation and financing of any transportation project or the financing of any department of labor project and to do any and all things necessary in order to avail itself of such aid and cooperation.

(jj) To borrow money and issue bonds and notes or other evidences of indebtedness thereof as hereinafter provided to finance transportation projects approved and recommended by the transportation board.

(kk) To borrow money and issue bonds and notes or other evidences of indebtedness thereof as hereinafter provided to finance department of labor projects approved and recommended by the director of the department of labor pursuant to section 72-1346B, Idaho Code.

History:

[67-6206, added 1972, ch. 324, sec. 6, p. 789; am. 1974, ch. 104, sec. 6, p. 1210; am. 1976, ch. 283, sec. 3, p. 968; am. 1977, ch. 326, sec. 2, p. 914; am. 1989, ch. 423, sec. 3, p. 1034; am. 1996, ch. 253, sec. 5, p. 802; am. 1997, ch. 191, sec. 3, p. 531; am. 1998, ch. 374, sec. 1, p. 1160; am. 2000, ch. 364, sec. 3, p. 1203; am. 2005, ch. 378, sec. 9, p. 1217; am. 2007, ch. 152, sec. 3, p. 468; am. 2011, ch. 111, sec. 2, p. 295.]
Idaho Code § 67-7025 — Idaho Code / Title 67 / Chapter 70 / Section 67-7025
67-7025 INTERFERENCE WITH NAVIGATION.
Status: in_force

67-7025. Interference with navigation. It shall be unlawful for any person to operate any vessel on the water of this state in a manner that shall unreasonably or unnecessarily interfere with other vessels or with free and proper navigation on the waterways of the state. Violation of the rules of the road shall constitute interference.

History:

[67-7025, added 1986, ch. 207, sec. 2, p. 527.]
Idaho Code § 67-5764 — Idaho Code / Title 67 / Chapter 57 / Section 67-5764
67-5764 PART PAYMENT OF PREMIUM COST BY GOVERNMENTAL BODY.
Status: in_force

67-5764. Part payment of premium cost by governmental body. Notwithstanding any other provision of law, any governmental body, department, commission, board, school district, college, university, hospital, or other institution operated by the state of Idaho, municipality, county, or other political subdivision or the state of Idaho, and supported in whole or in part by public funds, is hereby authorized to pay part of the cost of any such plan of insurance, annuity, pension, and/or prepayment plan, and may deduct from the officer's or employee's pay, salary, or compensation such part of the premium or charge payable by the officer or employee.

History:

[(67-5764) 1959, ch. 216, sec. 2, p. 471; am. and redesig. 1980, ch. 106, sec. 13, p. 236.]
Idaho Code § 67-6511A — Idaho Code / Title 67 / Chapter 65 / Section 67-6511A
67-6511A DEVELOPMENT AGREEMENTS.
Status: in_force

67-6511A. Development agreements. Each governing board may, by ordinance adopted or amended in accordance with the notice and hearing provisions provided under section 67-6509, Idaho Code, require or permit as a condition of rezoning that an owner or developer make a written commitment concerning the use or development of the subject parcel. The governing board shall adopt ordinance provisions governing the creation, form, recording, modification, enforcement and termination of conditional commitments. Such commitments shall be recorded in the office of the county recorder and shall take effect upon the adoption of the amendment to the zoning ordinance. Unless modified or terminated by the governing board after a public hearing, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment is binding on the owner of the parcel even if it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person has actual notice of the commitment. A commitment may be modified only by the permission of the governing board after complying with the notice and hearing provisions of section 67-6509, Idaho Code. A commitment may be terminated, and the zoning designation upon which the use is based reversed, upon the failure of the requirements in the commitment after a reasonable time as determined by the governing board or upon the failure of the owner; each subsequent owner or each other person acquiring an interest in the parcel to comply with the conditions in the commitment and after complying with the notice and hearing provisions of section 67-6509, Idaho Code. By permitting or requiring commitments by ordinance the governing board does not obligate itself to recommend or adopt the proposed zoning ordinance. A written commitment shall be deemed written consent to rezone upon the failure of conditions imposed by the commitment in accordance with the provisions of this section.

History:

[67-6511A, added 1991, ch. 146, sec. 1, p. 346; am. 1999, ch. 396, sec. 9, p. 1107.]
Idaho Code § 67-5779 — Idaho Code / Title 67 / Chapter 57 / Section 67-5779
67-5779 NOTICE OF INTENT PRIOR TO AGREEMENT TAKING EFFECT.
Status: in_force

67-5779. Notice of intent prior to agreement taking effect. (1) Any agency, officer, department, division, bureau, board, commission, and institution of the state, including the public utilities commission and any state institution of higher education, that plans to enter into a contract or agreement with another person or entity in which goods, services, real estate, or other property reasonably valued at more than twenty-five million dollars ($25,000,000) are acquired, sold, or included in a part of the agreement shall provide a notice of intent in a public disclosure no less than thirty (30) days prior to such agreement being approved. Notice of intent shall be given in a completed form, as provided in subsection (5) of this section.

(2) Transactions that go through a solicitation process as described in chapter 92, title 67, or chapter 9, title 40, Idaho Code; any transactions that have been specifically authorized and appropriated or approved by the legislature; any transactions made during an emergency, as defined in section 46-1002, Idaho Code; any transactions made prior to July 1, 2024; and any legal settlements shall be exempt from the provisions of this section.

(3) As used in this section, "notice" means:

(a) An electronic message of the notice of intent form sent to all legislators and elected executive branch constitutional officers using each of their official state email addresses;

(b) A notice of intent form sent by email to all members of the capitol correspondents association listed in the most recent edition of the legislative directory and other media representatives at the email address, if any, provided to the legislative services office. If no such email address is provided, notice pursuant to this paragraph shall not be required;

(c) A notice of intent form published on the website of the state entity described in subsection (1) of this section and on a social media blog or page, if any, managed by such institution with an opportunity to allow for public comment on the agreement; and

(d) A notice of intent form published one (1) time in one (1) newspaper of general circulation in a county where the decision is to take place.

(4) Any contract or agreement described in subsection (1) of this section that is not exempt pursuant to subsection (2) of this section that substantially fails to follow the notice process required by this section shall be null, void, and of no force and effect.

(5) A notice of intent form as required by this section shall be as follows:

NOTICE OF INTENT TO ENTER INTO AN AGREEMENT AFFECTING MORE THAN $25 MILLION

This is notice that _____(name of board, agency, commission, constitutional officer, or other State of Idaho entity) intends to enter into an agreement to obligate by contract, agreement, or otherwise the State of Idaho in the amount of more than $25 million or intends to enter into an agreement concerning a transaction in which goods, services, real estate, or other property reasonably valued at more than $25 million is acquired, sold, or included in a part of the agreement.

Specifically, you are notified that a decision may be made on or after 30 days from the date this notice is sent, and will concern ___(description of the property involved), at ___(location including an address of the person or entity that is a party to the transaction or obligation), and _____(the detailed purpose of the transaction).

This transaction is not being made pursuant to the request for proposals process in Idaho Code, and the transaction has not been specifically approved by the Idaho Legislature.

For further information please contact: (name, title, email address, office address, and phone number)

Dated_________________________ By________________________ (Name and Title)

History:

[67-5779, added 2024, ch. 230, sec. 1, p. 809.]
Idaho Code § 67-6626 — Idaho Code / Title 67 / Chapter 66 / Section 67-6626
67-6626 INJUNCTIONS.
Status: in_force

67-6626. Injunctions. The district courts of this state shall have original jurisdiction to issue injunctions to enforce the provisions of this chapter upon application by any citizen of this state, by the secretary of state or by the county clerk. The court may in its discretion require the citizen plaintiff to file a written complaint with the secretary of state or county clerk prior to seeking injunctive relief. A successful plaintiff is entitled to be reimbursed for reasonable costs of litigation, including reasonable attorney's fees, by the person or persons named defendant in said injunctive action. A successful defendant is entitled to be reimbursed for reasonable costs of litigation, including reasonable attorney's fees, if the court determines that plaintiff's action was without substantial merit.

History:

[67-6626, added Init. Measure 1974, No. 1, sec. 26; am. 2019, ch. 288, sec. 17, p. 842.]
Idaho Code § 67-103 — Idaho Code / Title 67 / Chapter 1 / Section 67-103
67-103 EMERGENCY TEMPORARY LOCATION OF GOVERNMENT — DECLARATION BY GOVERNOR.
Status: in_force

67-103. Emergency temporary location of government — Declaration by governor. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effect of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Boise, Ada County, Idaho, the governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without this state as he may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. Such emergency temporary location, or locations, shall remain as the seat of government until the legislature shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.

History:

[67-103, added 1961 (E.S.), ch. 3, sec. 2, p. 18.]
Idaho Code § 67-429A — Idaho Code / Title 67 / Chapter 4 / Section 67-429A
67-429A STATE-TRIBAL GAMING COMPACTS.
Status: in_force

67-429A. State-tribal gaming compacts. (1) The governor or his designee may represent the state of Idaho in any gaming negotiations the state is requested to participate in pursuant to 25 U.S.C. section 2701 et seq. The director of legislative services or his designee may attend all negotiations pursuant to this section as an observer and shall brief the membership of the legislative council on the status of the negotiations.

(2) The state may enter into those gaming compacts negotiated with Indian tribes pursuant to this section provided:

(a) The compact only authorizes an Indian tribe to conduct those forms of gaming authorized by Idaho law;

(b) The compact does not obligate the state of Idaho to appropriate state funds; and

(c) The governor serves a copy of the compact on each member of the legislative council at least twenty-one (21) calendar days before the compact is signed.

(3) Any proposed gaming compact not complying with subsection (2) of this section shall be null and void unless ratified by both houses of the legislature by adoption of a concurrent resolution.

(4) No power, privilege or other authority shall be exercised under the provisions of this section where otherwise prohibited by the constitution or laws of the state of Idaho or the United States.

(5) The provisions of this section shall not be construed as a waiver of any defenses or immunities to which the state of Idaho is entitled under either the constitution or the laws of the state of Idaho or the United States.

History:

[67-429A, added 1993, ch. 408, sec. 2, p. 1500; am. 1996, ch. 159, sec. 2, p. 503.]
Idaho Code § 67-4513 — Idaho Code / Title 67 / Chapter 45 / Section 67-4513
67-4513 STATE NOXIOUS AND INVASIVE WEED AWARENESS WEEK.
Status: in_force

67-4513. State noxious and invasive weed awareness week. Every year, starting in 2014, the week prior to the Memorial Day weekend shall hereby be designated as "Idaho Noxious and Invasive Weed Awareness Week." This week shall serve as a week to educate Idaho's citizens about the serious impacts of noxious and invasive plants and their direct impacts to Idaho's economy, waters, lands and agriculture. Those entities already tasked with promoting noxious and invasive weed control and education and outreach are encouraged to lead the charge in celebrating "Idaho Noxious and Invasive Weed Awareness Week" and educating Idaho's citizens to help stop the spread of noxious and invasive weeds.

History:

[67-4513, added 2014, ch. 66, sec. 1, p. 169.]
Idaho Code § 67-6607 — Idaho Code / Title 67 / Chapter 66 / Section 67-6607
67-6607 REPORTS OF CONTRIBUTIONS AND EXPENDITURES BY CANDIDATES AND POLITICAL COMMITTEES.
Status: in_force

67-6607. REPORTS OF CONTRIBUTIONS AND EXPENDITURES BY CANDIDATES AND POLITICAL COMMITTEES. (1) Each candidate or the political treasurer for each candidate, and each political committee or the political treasurer of each political committee, shall file with the secretary of state a statement of all contributions received and all expenditures and encumbrances made by or on behalf of the candidate or political committee, according to the schedule provided in this section. The statement shall itemize each contribution received and each expenditure or encumbrance made during the reporting period and shall include the following:

(a) Under contributions, the statement shall include a list of all the contributions received, including any funds or property of the candidate used to cover expenditures. The statement shall list the full name and complete address of each person who contributed an aggregate amount of more than fifty dollars ($50.00) and the amount contributed by that person. The statement may list as a single item the total amount of contributions of fifty dollars ($50.00) or less; and

(b) Under expenditures, the statement shall include the name and address of each person to whom an expenditure or encumbrance was made in the amount of twenty-five dollars ($25.00) or more, and the amount, date, and purpose of each such expenditure. Each expenditure or encumbrance in the amount of twenty-five dollars ($25.00) or more shall be evidenced by an invoice, receipt, or canceled check or an accurate copy thereof. Such evidence shall not be filed with the statement but shall be retained by the committee or candidate for a period of one (1) year after the statement has been filed. The statement may list as a single item the total amount of expenditures and encumbrances of less than twenty-five dollars ($25.00) without showing the exact amount of or requiring evidence of each such expenditure or encumbrance. Anything of value, other than money, paid for or contributed by any person shall be listed both as an expenditure and as a contribution.

(2) For the first report under this section, the reporting period shall cover the period beginning with the first contribution, expenditure, or encumbrance through the end of the current reporting period. Each candidate and each political committee, or the treasurer for a candidate or political committee or ballot measure, shall file the report described under subsection (1) of this section as follows:

(a) In the year of the election, a monthly report shall be filed for each month of the year. Each report shall be filed by the tenth day of the month following the month being reported; and

(b) For the nonelection year, an annual report covering the nonelection year shall be filed by January 10 of the following year.

(3) Notwithstanding any other reports required under this section, each candidate and each political committee, or the political treasurer for each candidate and each political committee, shall notify the secretary of state of any contribution of one thousand dollars ($1,000) or more. This notification shall be made within forty-eight (48) hours after the receipt of such contribution and shall include the name of the candidate, political committee or measure, the identification of the contributor, and the date of receipt and amount of the contribution. The notification shall be in addition to the reporting of these contributions in the regular reports.

(4) All reports required pursuant to this section shall be filed online with the secretary of state, unless a waiver has been provided under section 67-6623, Idaho Code, by no later than midnight on the date the filing is due.

(5) Reports required to be filed under the provisions of this section shall be filed until the account no longer shows any unexpended balance of contributions or expenditure deficit.

History:

[67-6607, added Init. Measure 1974, No. 1, sec. 7; am. 1977, ch. 225, sec. 1, p. 670; am. 1986, ch. 218, sec. 2, p. 556; am. 1987, ch. 344, sec. 2, p. 732; am. 1990, ch. 62, sec. 2, p. 137; am. 1992, ch. 196, sec. 2, p. 607; am. 1993, ch. 203, sec. 1, p. 557; am. 1994, ch. 379, sec. 2, p. 1220; am. 2002, ch. 240, sec. 1, p. 716; am. 2010, ch. 22, sec. 1, p. 38; am. 2015, ch. 231, sec. 1, p. 726; am. 2019, ch. 288, sec. 5, p. 836; am. 2020, ch. 7, sec. 1, p. 9.]
Idaho Code § 67-1053 — Idaho Code / Title 67 / Chapter 10 / Section 67-1053
67-1053 OBSTRUCTING OR MISLEADING STATE CONTROLLER — PENALTY.
Status: in_force

67-1053. Obstructing or misleading state controller — Penalty. Any person who shall wilfully obstruct or mislead the state controller in the execution of his duties as by this chapter prescribed, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine of not more than five thousand dollars ($5,000), or imprisonment in the penitentiary not more than five (5) years, or both.

History:

[(67-1053) 1905, p. 388, sec. 13; reen. R.C., sec. 182; reen. C.L. 12:13; C.S., sec. 297; am. 1923, ch. 164, sec. 11, p. 247; I.C.A., sec. 65-2614; I.C., sec. 67-2716; I.C., sec. 67-1032 as changed and amended by 1974, ch. 24, sec. 9, p. 748; am. and redesig. 1994, ch. 181, sec. 27, p. 587.]
Idaho Code § 67-2007 — Idaho Code / Title 67 / Chapter 20 / Section 67-2007
67-2007 STANDARD TRAVEL PAY AND ALLOWANCES.
Status: in_force

67-2007. Standard travel pay and allowances. This act may be cited as the "Standard Travel Pay and Allowance Act of 1949." It is the express intention of this act that the provisions hereof shall supersede and control the language of any statute heretofore enacted relating to the allowance of requests for reimbursement for travel and/or subsistence, including, but without limitation, statutes which provide for the payment of actual and necessary expenses to any officer, agent, employee, clerk, board or commission of the state; and it is further intended that the provisions of this act, and regulations issued hereunder, shall apply to and govern all acts authorizing the payment for travel and/or subsistence which may be enacted hereafter unless the same shall be expressly exempted from the terms of this act. Such acts shall be construed as being subject to the provisions of this act unless an express exemption shall be set forth in such subsequent act.

History:

[67-2007, added 1949, ch. 161, sec. 1, p. 349; am. 1976, ch. 42, sec. 28, p. 107.]
Idaho Code § 67-6411 — Idaho Code / Title 67 / Chapter 64 / Section 67-6411
67-6411 COOPERATION WITH MUNICIPALITIES, STATE BODIES OR COMMUNITY COLLEGE DISTRICTS.
Status: in_force

67-6411. Cooperation with municipalities, state bodies or community college districts. (a) The authority may obtain the aid and cooperation of the municipalities in which such facilities are to be located and shall have the power to enter into:

(1) such agreements and arrangements as it deems necessary or advisable to obtain such aid and cooperation; and

(2) agreements with municipalities or counties for the furnishing, installing, opening, or closing of streets, roads, alleys, sidewalks or other places, or for the furnishing of property, sewage, water, and other services in connection with facilities financed under this act or for the changing of the map of a political subdivision of the planning, replanning, zoning, or rezoning of any part of a political subdivision.

(b) The authority and any state body or community college district may join or cooperate with each other, either jointly or otherwise, in the exercise of any of their powers for the purpose of planning, undertaking, owning, constructing or contracting with respect to a facility.

History:

[67-6411, added 1974, ch. 111, sec. 11, p. 1263; am. 2003, ch. 349, sec. 4, p. 935.]
Idaho Code § 67-2912 — Idaho Code / Title 67 / Chapter 29 / Section 67-2912
67-2912 STATE VICTIM NOTIFICATION FUND.
Status: in_force

67-2912. state victim notification fund. (1) There is hereby established in the state treasury the state victim notification fund. Moneys in the fund shall be perpetually appropriated to, and shall be used by the director of, the Idaho state police. Moneys deposited to the fund shall be expended for the purpose of defraying the costs of administering the statewide automated victim information and notification (SAVIN) system by the Idaho sheriffs' association for the purpose of satisfying the provisions of section 22, article I, of the constitution of the state of Idaho requiring victim notification of offender court and incarceration status. Moneys deposited to the fund shall be paid to the Idaho sheriffs' association on a quarterly basis for the reimbursement of all costs associated with administering the SAVIN system. The director of the Idaho state police is authorized to allocate up to five percent (5%) of the moneys in the fund for reimbursement of all administrative expenses in relation to its administration of the fund. At the end of each state fiscal year, all moneys remaining in the fund after all costs for the administration of the SAVIN system have been paid, less one quarter's operating and administrative moneys, shall be remitted to the crime victims compensation account established in section 72-1009, Idaho Code. The state treasurer shall invest all moneys in the state victim notification fund and interest and proceeds earned shall be retained in the fund. The Idaho sheriffs' association shall provide evidence of an independent audit of the moneys received and expenditures made under this section to the Idaho state police on a yearly basis and shall be subject to audit by the Idaho state controller at the discretion of the state controller.

(2) The state victim notification fund shall be funded as provided in section 31-3204, Idaho Code.

History:

[67-2912, added 2012, ch. 114, sec. 2, p. 317.]
Idaho Code § 67-6529H — Idaho Code / Title 67 / Chapter 65 / Section 67-6529H
67-6529H SITE SUITABILITY DETERMINATION — APPLICATION FEES.
Status: in_force

67-6529H. site suitability determination — application fees. (1) The board of county commissioners shall collect a CAFO site suitability fee from each applicant that will require a suitability determination by the site advisory team. The fee shall be one thousand two hundred dollars ($1,200) plus mileage and per diem calculated based on distance traveled from the department of agriculture's Boise office to the proposed CAFO site. Mileage and per diem shall not exceed the established state rate existing at the time of the suitability determination.

(a) The board of county commissioners requesting the suitability determination shall forward the CAFO site suitability fee to the department of agriculture at the time of the request;

(b) Whenever the cost of the suitability determination is less than one thousand two hundred dollars ($1,200) plus per diem and mileage, the difference shall be refunded to the applicant by the department of agriculture;

(c) The department of agriculture shall distribute the fee to the site advisory team on a pro rata basis according to time spent by team members on the suitability determination.

(2) Any applicant subject to the butterfat assessment pursuant to section 37-407, Idaho Code, following the issuance of a permit is hereby exempt from paying the CAFO site suitability fee.

(3) Any applicant subject to a brand inspection fee pursuant to section 25-1160, Idaho Code, is exempt from paying the CAFO site suitability fee.

History:

[67-6529H, added 2011, ch. 180, sec. 3, p. 512.]
Idaho Code § 67-424 — Idaho Code / Title 67 / Chapter 4 / Section 67-424
67-424 PRIVILEGES, IMMUNITIES AND COMPENSATION OF EMERGENCY INTERIM SUCCESSORS.
Status: in_force

67-424. Privileges, immunities and compensation of emergency interim successors. When an emergency interim successor exercises the powers and assumes the duties of a legislator, he shall be accorded the privileges and immunities, compensation, allowances and other perquisites of office to which a legislator is entitled. In the event of an attack, each emergency interim successor, whether or not called upon to exercise the powers and assume the duties of a legislator, shall be accorded the privileges and immunities of a legislator while traveling to and from a place of session and shall be compensated for his travel in the same manner and amount as a legislator. This section shall not in any way affect the privileges, immunities, compensation, allowances or other perquisites of the office of an incumbent legislator.

History:

[67-424, added 1961 (E.S.), ch. 4, sec. 12, p. 20.]
Idaho Code § 67-5778 — Idaho Code / Title 67 / Chapter 57 / Section 67-5778
67-5778 COLLECTION OF DELINQUENT PAYMENTS.
Status: in_force

67-5778. Collection of delinquent payments. (1) If any office, department, division, board, commission, institution, agency, or operation of the government of the state of Idaho shall fail or refuse to remit any such payment as charged by the director of the department of administration within thirty (30) days after the date due when funds have been appropriated, the director may certify to the state treasurer the fact of such failure or refusal and the amount of the delinquent payment, together with the request that such amount be set over from funds of the delinquent department to the credit of the retained risk account. A copy of such certification and request shall be furnished the delinquent department.

(2) Within ten (10) days after receipt of such request, the state controller shall draw a warrant for payment of such amount out of moneys in the state treasury allocated to the use of such department during the current fiscal year. If such moneys are not so available, the director, department of administration shall take any legal steps necessary to collect such amount.

History:

[(67-5778) I.C., sec. 67-5759, as added by 1975, ch. 195, sec. 6, p. 540; am. and redesig. 1980, ch. 106, sec. 27, p. 244; am. 1993, ch. 221, sec. 20, p. 758; am. 1994, ch. 180, sec. 226, p. 561.]
Idaho Code § 67-5506 — Idaho Code / Title 67 / Chapter 55 / Section 67-5506
67-5506 ORDER OF POST-ATTACK RECOVERY AND REHABILITATION EMERGENCY BY GOVERNOR — CONVENING OF LEGISLATURE — EMERGENCY DECLARED BY PRESIDENT — TERMINATION OF EMERGENCY BY LEGISLATURE, PRESIDENT OR CONGRESS — AUTOMATIC TERMINATION.
Status: in_force

67-5506. Order of post-attack recovery and rehabilitation emergency by governor — Convening of legislature — Emergency declared by president — Termination of emergency by legislature, president or congress — Automatic termination. (a) Following an attack, the governor, if he finds such action necessary to deal with the danger to the public safety caused thereby or to aid in the post-attack recovery or rehabilitation of the United States or any part thereof, shall declare by order the existence of a post-attack recovery and rehabilitation emergency. Any such order shall be ineffectual, unless the legislature is then in session or the governor simultaneously issues an order convening the legislature in special session within forty-five (45) days.

(b) During the period when the order issued pursuant to subsection (a) of this section is in force, or during the continuance of any emergency declared by the president of the United States or the congress calling for post-attack recovery and rehabilitation activities, subject to the limitations set forth in this act, and in a manner consistent with any rules, regulations, or orders and policy guidance issued by the federal government, the governor may issue, amend and enforce rules, regulations, and orders to:

(1) control, restrict, and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods or services;

(2) prescribe and direct activities in connection with but not limited to use, conservation, salvage, and prevention of waste of materials, services, and facilities, including production, transportation, power, and communication facilities, training and supply of labor, utilization of industrial plants, health and medical care, nutrition, housing, including the use of existing and private facilities, rehabilitation, education, welfare, child care, recreation, consumer protection, and other essential civil needs; and

(3) take such other action as may be necessary for the management of resources following an attack.

(c) All rules, regulations and orders issued pursuant to authority conferred by this act shall have the full force and effect of law during the continuance of an order or declaration of emergency as contemplated by this section, when a copy of the rule, regulation, or order is filed in the office of the secretary of state or, if issued by a local or area official, when filed in the office or offices of the clerk of the district court. If, by reason of destruction or disruption attendant upon or resulting from attack, the filing requirements of this subsection cannot be met, public notice by such means as may be available shall be deemed a complete and sufficient substitute. All existing laws, ordinances, rules, regulations, and orders inconsistent with the provisions of this act, or any rule, regulation or order issued under the authority thereof, shall be inoperative during the period of time and to the extent such inconsistency exists.

(d) Any authority exercised pursuant to an order or emergency contemplated by this section may be exercised with respect to the entire territory over which the governor or other official, as the case may be, has jurisdiction, or as to any specified part thereof.

(e) The governor's power and authority to issue an order following an attack shall be terminated by the passage of a resolution of the legislature or by declaration of the termination of the emergency by the president or by the congress: provided that the order shall terminate automatically six (6) months after issuance and a similar order may not be issued unless concurrence is given thereto by a resolution of the legislature.

History:

[67-5506, added 1967, ch. 57, sec. 6, p. 116.]
Idaho Code § 67-3905 — Idaho Code / Title 67 / Chapter 39 / Section 67-3905
67-3905 PLAN OF READJUSTMENT AUTHORIZED.
Status: in_force

67-3905. Plan of readjustment authorized. Any taxing district is hereby authorized and empowered to take any and all action necessary to carry out any plan of readjustment contemplated in said petition, or as the same may be modified from time to time, subject only to the provisions of the constitution of the state of Idaho, notwithstanding any other provisions of law.

History:

[67-3905, added 1939, ch. 110, sec. 5, p. 184.]
Idaho Code § 67-6803 — Idaho Code / Title 67 / Chapter 68 / Section 67-6803
67-6803 EXPENDITURE LIMITS.
Status: in_force

67-6803. Expenditure limits. (a) The legislature shall not, by ongoing appropriation for any fiscal year, cause the expenditure of general fund revenues for that fiscal year to exceed five and one-third percent (5 1/3%) of the total personal income of the state for the ensuing fiscal year as determined by the economic estimates commission. One-time general fund appropriations are not to be included in the expenditure limit.

(b) In order to permit the transference of governmental functions between the federal and state governments and between the state government and its political subdivisions and school districts, without abridging the purpose of this act, adjustments to the appropriation percentage limitation of total personal income shall be specifically detailed in appropriations and shall be consistent with the following principles:

(1) If, by order of any court or by legislative enactment on or after January 1, 1980, the costs of a program or any portion thereof are transferred from a political subdivision of this state or school district to the state, the appropriation percentage limitation may be commensurately increased provided the tax revenues of the affected political subdivisions or school districts are commensurately decreased.

(2) If, by order of any court or by legislative enactment on or after January 1, 1980, the costs of a program or any portion thereof are transferred from the state to a political subdivision of this state, the appropriation percentage limitation shall be commensurately decreased, and the tax rates of the political subdivision may be commensurately increased.

(3) If funds provided by the federal government in support of an existing service or program are eliminated or significantly curtailed on or after January 1, 1980, the appropriation percentage limitation may be commensurately increased by the amount of the increased state costs incurred in providing such service or program or any portion thereof pursuant to an order of any court or by legislative enactment.

(4) If the costs of a program are transferred from the state to the federal government on or after January 1, 1980, the appropriation percentage limitation shall be commensurately decreased.

History:

[67-6803, added 1980, ch. 380, Sec. 3, p. 966; am. 1994, ch. 338, sec. 1, p. 1074.]
Idaho Code § 67-3601 — Idaho Code / Title 67 / Chapter 36 / Section 67-3601
67-3601 APPLICATION OF ACT.
Status: in_force

67-3601. Application of act. This act shall apply to all existing continuing appropriations, all legislative appropriations made by the twenty-eighth legislature and thereafter, unless express exception is contained in the appropriation act.

History:

[67-3601, added 1945, ch. 48, sec. 1, p. 61.]
Idaho Code § 67-2801 — Idaho Code / Title 67 / Chapter 28 / Section 67-2801
67-2801 LEGISLATIVE INTENT.
Status: in_force

67-2801. Legislative intent. Efficient and cost-effective procurement of goods, services and public works construction is an important aspect of local government operations. Local public agencies should endeavor to buy goods, services and public works construction by way of a publicly accountable process that respects the shared goals of economy and quality. Political subdivisions of the state shall endeavor to purchase goods and services from vendors with a significant Idaho economic presence.

History:

[67-2801, added 2005, ch. 213, sec. 37, p. 668.]
Idaho Code § 67-1223 — Idaho Code / Title 67 / Chapter 12 / Section 67-1223
67-1223 IDAHO COMMEMORATIVE SILVER MEDALLIONS ISSUED BY THE STATE TREASURER.
Status: in_force

67-1223. Idaho commemorative silver medallions issued by the state treasurer. (1) The state treasurer is hereby authorized to issue a series of commemorative silver medallions for sale to the public. Each series shall commemorate Idaho history, people or resources and may bear the great seal of the state of Idaho. Medallions shall contain one (1) ounce of fine silver, shall be alloyed to at least ninety percent (90%) fineness, and shall not constitute legal tender. No sales or use tax shall be imposed on the sale or purchase of medallions from the state treasurer or any agent designated by the state treasurer. Only mints which have contracted with the state treasurer may produce Idaho commemorative silver medallions. Any other production of such medallions is a misdemeanor.

(2) The state treasurer shall make such arrangements as the state treasurer considers appropriate for the production, promotion, distribution and sale of medallions, and shall ensure that all moneys received from the sale of medallions are paid into the state treasury and credited to the state veterans cemetery maintenance fund created in section 65-107, Idaho Code. Provided however, the state treasurer is hereby authorized to retain such amounts from the sale of medallions as necessary to repay costs incurred by the state treasurer in the promotion, shipping and handling of medallions. Provided further, if the initial cost to mint a series of medallions is provided by moneys from another state fund, then such other fund shall first be reimbursed for such costs before the remaining revenues are credited to the state veterans cemetery maintenance fund. The revenues shall be used for the purposes designated in section 65-107, Idaho Code.

(3) The state treasurer, in collaboration with a committee of legislators comprised of representatives appointed by the speaker of the house of representatives and senators appointed by the president pro tempore of the senate, shall determine the number of medallions to be issued in a series, shall determine the number of series to be issued, and shall approve the design of medallions for each series.

(4) The state treasurer, as agent of the state of Idaho, is hereby directed to obtain a federal trademark on the design of each series of medallions issued, and is further authorized, after consultation with the attorney general, to register for a state trademark under chapter 5, title 48, Idaho Code. The design of each series of Idaho commemorative silver medallions is the property of the state of Idaho, and the state of Idaho and the taxpayers shall be deemed to have a trademark on each design. It is the duty of the state treasurer to protect each and every trademark.

(a) If a person reproduces a trademark medallion design and distributes any product using any such design for the purpose of direct or indirect commercial advantage, the person shall owe to the state treasurer, as the agent of the state of Idaho, a royalty fee in addition to the revenues derived from the sale of products using a medallion design. Any person who reproduces a trademark design and distributes any product with a medallion design in violation of the provisions of this subsection (4), shall be deemed to be an infringer of the state of Idaho's trademark. The state treasurer, through the office of the attorney general, is entitled to institute an action for any infringement of that particular right committed while the state treasurer or his designated agent has custody of the trademark.

(b) A court having jurisdiction of a civil action arising under this subsection (4) may grant such relief as it deems appropriate. At any time while an action under this subsection (4) is pending, the court may order the impounding, on such terms as it deems reasonable, of all products in inventory of the infringer which are in violation of law.

(c) An infringer on the state of Idaho's trademark pursuant to this subsection (4) is liable for any profits the infringer has incurred reproducing a trademark design and distributing products using the design for commercial purposes or is liable for statutory damages as provided in paragraph (d) of this subsection (4).

(d) The state treasurer, as agent of the trademark owner, may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to a trademark medallion design for which any one (1) infringer is liable individually, or for which any two (2) or more infringers are liable jointly and severally, in a sum of not less than two hundred fifty dollars ($250) or more than ten thousand dollars ($10,000), as the court considers just.

(e) In any civil action under this subsection (4), the court may allow the recovery of full costs by or against any party and may also award reasonable attorney's fees to the prevailing party as part of the costs.

(5) Medallions in the first series issued shall commemorate "Support of Idaho's Heroes" to honor the courage and sacrifice of all Idaho servicemen and veterans of the United States armed forces and Idaho military branches of the armed services.

History:

[67-1223, added 2003, ch. 369, sec. 2, p. 980; am. 2004, ch. 292, sec. 1, p. 816.]
Idaho Code § 67-5407 — Idaho Code / Title 67 / Chapter 54 / Section 67-5407
67-5407 DUTIES.
Status: in_force

67-5407. Duties. The commission shall:

(a) Assist blind persons in achieving physical and psychological orientation, inform blind persons of available services, stimulate and assist the blind in achieving social and economic independence, and do all things which will ameliorate the condition of the blind.

(b) Provide intensive programs of case finding, education, vocational and other rehabilitation training, job findings and placement, physical restoration, and such other services and equipment as may assist in rendering blind persons more self-supporting and socially independent.

(c) Provide a business enterprise program including management, supervision and development services.

(d) Provide a program for the prevention of blindness and sight restoration as designed in this act. The commission shall pay for all necessary expenses incurred in connection with the diagnosis, treatment or surgery to prevent blindness or restore vision. Necessary expenses include the cost of getting service, the cost of services, medical and physician fees, hospital services, nursing services, maintenance while the applicant or recipient is away from the home, transportation to the physician or hospital and return to his home, and the cost of nursing home care when such care is necessary. These services will be provided to individuals without financial resources to procure such services for themselves.

(e) Establish rules in accordance with the provisions of the administrative procedure act.

(f) On or before December first in 1968, and each year thereafter, render a report to the legislature and to the governor of its activities, including recommendations for improvements therein.

(g) Enter into contracts and agreements with the federal government through its appropriate agency or instrumentality whereby the commission shall receive federal grants or other benefits for the prevention of blindness or for services to the blind, including medical eye care, instruction in the home, social adjustment and vocational and other rehabilitations, and shall act as the official state agency to collaborate with the federal government in the administration of any present or subsequent programs that may be set up for the purposes of providing services to or rehabilitating the blind.

History:

[67-5407, added 1967, ch. 373, sec. 7, p. 1071; am. 1967 (1st E.S.), ch. 14, sec. 2, p. 41; am. 1983, ch. 75, sec. 3, p. 162; am. 1984, ch. 147, sec. 12, p. 346; am. 1988, ch. 107, sec. 1, p. 196; am. 1992, ch. 58, sec. 8, p. 171; am. 1997, ch. 267, sec. 13, p. 768.]
Idaho Code § 67-1918 — Idaho Code / Title 67 / Chapter 19 / Section 67-1918
67-1918 FINANCIAL AND ACCOUNTING RESPONSIBILITIES OF THE DIVISION.
Status: in_force

67-1918. Financial and accounting responsibilities of the division. It shall be the duty of the administrator of the division of financial management to work with the financial management technical development committee to:

(1) Develop and implement financial and management reporting systems to serve the needs of budget development and management support. Such systems shall be developed in consultation with the state controller, executive departments, legislature and other elected officials and shall be designed to assist department directors, the governor, and the legislature with their decision-making responsibilities;

(2) Develop recommended changes to the state account structure, accounting policies or accounting procedures, that would benefit financial and management reporting. Such recommendations shall be supplied to the state controller not later than May first of each fiscal year;

(3) Make studies of the effect of federal assistance programs in the state and advise the governor and the legislature of alternative recommended methods and procedures for the administration of these programs;

(4) Study and recommend to the governor methods for improving efficiency of interdepartmental financial functions;

(5) Perform such other duties and perform other studies assigned by the governor in the area of administration for the executive branch.

History:

[67-1918, added 1980, ch. 358, sec. 8, p. 926; am. 1994, ch. 180, sec. 183, p. 541.]
Idaho Code § 67-4122 — Idaho Code / Title 67 / Chapter 41 / Section 67-4122
67-4122 PENALTIES.
Status: in_force

67-4122. Penalties. Any person violating this act shall be guilty of a misdemeanor and, upon conviction thereof, shall, in addition to any other penalties imposed, forfeit to the state of Idaho all articles and materials he acquired from or discovered on such archaeological or vertebrate paleontological sites.

History:

[67-4122, added 1963, ch. 181, sec. 4, p. 539.]
Idaho Code § 67-7021 — Idaho Code / Title 67 / Chapter 70 / Section 67-7021
67-7021 DIVERS' WARNING.
Status: in_force

67-7021. Divers' warning. It shall be unlawful for any person to operate or permit the operation of any vessel on the waters of the state of Idaho within one hundred (100) feet of the display of any recognized "diver down" flag or of the international code flag A or Alpha and all vessels approaching such a flag shall do so at reduced speed.

History:

[67-7021, added 1986, ch. 207, sec. 2, p. 526.]
Idaho Code § 67-3512A — Idaho Code / Title 67 / Chapter 35 / Section 67-3512A
67-3512A TEMPORARY REDUCTION OF SPENDING AUTHORITY.
Status: in_force

67-3512A. Temporary reduction of spending authority. Whenever the governor as chief budget officer of the state may determine that the expenditures authorized by the legislature for the current fiscal year shall exceed anticipated moneys available to meet those expenditures, the governor by executive order may reduce the spending authority on file in the office of the state controller for any department, office or institution of the state; provided, that no reduction of spending authority for the elected officers in the executive department shall be made to a level which prohibits the discharge of constitutional duties and provided that no reduction of spending authority for the legislative and judicial departments shall be made without the permission in writing of the head of such department. The head of any executive department, office or institution of the state may appeal the temporary reduction of spending authority to the state board of examiners, and the state board of examiners may, after hearing and consideration of evidence, restore said spending authority to its original level or to such lesser level as may be required to assist the state in maintaining a balanced budget. The governor may not temporarily reduce spending authority to a level lower than that required to insure that state expenditures do not exceed revenues. A temporary reduction of spending authority pursuant to this section shall not result in a reduction of appropriation. The governor at any time by executive order may restore spending authority which has been temporarily reduced to its original level.

History:

[67-3512A, added 1981, ch. 227, sec. 9, p. 455; am. 1994, ch. 180, sec. 205, p. 549; am. 1995, ch. 153, sec. 11, p. 626.]
Idaho Code § 67-6519 — Idaho Code / Title 67 / Chapter 65 / Section 67-6519
67-6519 APPLICATION GRANTING PROCESS.
Status: in_force

67-6519. application granting process. (1) As part of ordinances required or authorized under this chapter, a procedure shall be established for processing in a timely manner applications for zoning changes, subdivisions, variances, special use permits and such other applications required or authorized pursuant to this chapter for which a reasonable fee may be charged.

(2) Where the commission hears an application, the commission shall have a reasonable time fixed by the governing board to examine the application before the commission makes its decision on the application or makes its recommendation to the governing board. Each commission or governing board shall establish by rule a time period within which a recommendation or decision must be made. Provided however, any application that relates to a public school facility shall receive priority consideration and shall be reviewed for approval, denial or recommendation by the commission or the governing board at the earliest reasonable time, regardless of the timing of its submission relative to other applications which are not related to public school facilities.

(3) When considering an application that relates to a public school facility, the commission shall specifically review the application for the effect it will have on increased vehicle, bicycle and pedestrian volumes on adjacent roads and highways. To ensure that the state highway system or the local highway system can satisfactorily accommodate the proposed school project, the commission shall request the assistance of the Idaho transportation department if state highways are affected, or the local highway district with jurisdiction if the affected roads are not state highways. The Idaho transportation department, the appropriate local highway jurisdiction, or both as determined by the commission, shall review the application and shall report to the commission on the following issues as appropriate: the land use master plan; school bus plan; access safety; pedestrian plan; crossing guard plan; barriers between highways and school; location of school zone; need for flashing beacon; need for traffic control signal; anticipated future improvements; speed on adjacent highways; traffic volumes on adjacent highways; effect upon the highway's level of service; need for acceleration or deceleration lanes; internal traffic circulation; anticipated development on surrounding undeveloped parcels; zoning in the vicinity; access control on adjacent highways; required striping and signing modifications; funding of highway improvements to accommodate development; proposed highway projects in the vicinity; and any other issues as may be considered appropriate to the particular application.

(4) Whenever a county or city considers a proposed subdivision or any other site-specific land development application authorized by this chapter, it shall provide written notice concerning the development proposal by mail, or electronically by mutual agreement, to all irrigation districts, ground water districts, Carey act operating companies, nonprofit irrigation entities, lateral ditch associations and drainage districts that have requested, in writing, to receive notice. Any irrigation districts, ground water districts, Carey act operating companies, nonprofit irrigation entities, lateral ditch associations and drainage districts requesting notice shall continue to provide updated and current contact information to the county or city in order to receive notice. Notice shall also be given to a pipeline company operating any existing interstate natural gas transmission pipeline or interstate petroleum products pipeline, as recognized by the pipeline and hazardous materials safety administration, with a center point within one thousand (1,000) feet of the external boundaries of the land being considered, provided that the pipeline company is in compliance with section 62-1104, Idaho Code. Any notice provided under this subsection shall be provided no less than fifteen (15) days prior to the public hearing date concerning the development proposal as required by this chapter or local ordinance. Any notice provided under this subsection shall not affect or eliminate any other statutory requirements concerning delivery of water, including those under sections 31-3805 and 67-6537, Idaho Code.

(5) Whenever a governing board or zoning or planning and zoning commission grants or denies an application, it shall specify:

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

(b) The reasons for approval or denial; and

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

(6) Every final decision rendered 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.

History:

[67-6519, added 1975, ch. 188, sec. 2, p. 515; am. 1993, ch. 216, sec. 111, p. 678; am. 2000, ch. 431, sec. 1, p. 1388; am. 2003, ch. 123, sec. 1, p. 373; am. 2010, ch. 175, sec. 1, p. 359; am. 2011, ch. 279, sec. 1, p. 759; am. 2018, ch. 246, sec. 1, p. 572; am. 2023, ch. 140, sec. 4, p. 388.]
Idaho Code § 67-464 — Idaho Code / Title 67 / Chapter 4 / Section 67-464
67-464 QUORUM.
Status: in_force

67-464. Quorum. There shall be no business transacted, including adoption of a rule or procedure, without the presence of a quorum of the committee and no action shall be valid unless approved by the majority of those members present and voting and entered upon the minutes of the committee.

History:

[67-464, added 1993, ch. 327, sec. 3, p. 1193.]
Idaho Code § 67-903 — Idaho Code / Title 67 / Chapter 9 / Section 67-903
67-903 DUTIES OF SECRETARY OF STATE.
Status: in_force

67-903. Duties of secretary of state. 1. To keep a register of and file and attest the official acts of the governor, including all executive orders issued by him pursuant to the provisions of section 67-802, Idaho Code.

2. To affix the great seal, with his attestation, to commissions, pardons, and other public instruments to which the official signature of the governor is required.

3. To record in proper books all conveyances made to the state, and all articles of incorporation of domestic corporations filed in his office.

4. To receive and record in proper books the official bonds of all the officers whose bonds are required to be filed with him.

5. To take and file in his office receipts for all books distributed by him.

6. To furnish on demand to any person paying the fees therefor a certified copy of all, or any part, of any law, record, or other instrument filed, deposited, or recorded in his office.

7. To present to the legislature, at the commencement of each session thereof, a full account of all purchases made and expenses incurred by him on account of the state.

8. To designate each act of the legislature which has become a law by its appropriate chapter number.

9. To promulgate in accordance with chapter 52, title 67, Idaho Code, such rules and regulations as he deems necessary or proper in the performance of his duties.

History:

[(67-903) First seven subds. R.S., sec. 191; compiled and reen. R.C., sec. 95; reen. 1909, p. 364; am. 1913, ch. 141, sec. 1, p. 502; reen. C.L., sec. 95. Third subd. compiled and reen. C.L., sec. 95. Eighth subd. 1911, ch. 59, sec. 1, p. 159; reen. C.L., sec. 95. Ninth subd. based upon 1909, p. 358; 1913, ch. 10, sec. 1, p. 49; 1913, ch. 141, sec. 1, subds. 8, 9, p. 502; compiled and reen. C.L., sec. 95; C.S., sec. 133. Ninth subd. repealed by 1931, ch. 162, sec. 3, p. 274; I.C.A., sec. 65-802; am. 1974, ch. 5, sec. 4, p. 23; am. 1977, ch. 252, sec. 16, p. 747.]
Idaho Code § 67-805A — Idaho Code / Title 67 / Chapter 8 / Section 67-805A
67-805A SUCCESSION TO OFFICE OF GOVERNOR.
Status: in_force

67-805A. Succession to office of governor. (1) In case of the death, resignation, or permanent removal from office for any cause of the governor, the lieutenant governor shall succeed to all of the powers, duties and emoluments of the office of governor for the residue of the term, and shall be, in all respects, the governor of the state. Upon such succession, the office of lieutenant governor is vacant, and shall be filled as provided by law.

(2) In case of temporary inability to perform his duties, or in the case of his temporary absence from the state, the lieutenant governor shall perform such duties as acting governor until the disability is removed, or until the governor returns to the state.

(3) In any case in which the lieutenant governor succeeds to the office of governor, the president pro tempore of the senate shall serve as acting lieutenant governor until the office of lieutenant governor is filled.

History:

[67-805A, added 1977, ch. 105, sec. 8, p. 226.]
Idaho Code § 67-8808 — Idaho Code / Title 67 / Chapter 88 / Section 67-8808
67-8808 QUALIFICATIONS.
Status: in_force

67-8808. QUALIFICATIONS. All nominees shall:

(1) Be, or at the time of the incident must have been, a law enforcement officer, firefighter, or EMS provider performing or fulfilling responsibilities in an official capacity as a law enforcement officer, firefighter, or EMS provider; and

(2) Have performed with exceptional meritorious conduct, including conduct that resulted in death or serious injury.

History:

[67-8808, added 2020, ch. 152, sec. 8, p. 456.]
Idaho Code § 67-9219 — Idaho Code / Title 67 / Chapter 92 / Section 67-9219
67-9219 CONTRACT OVERSIGHT.
Status: in_force

67-9219. contract oversight. (1) Subject to approval of the director, the administrator shall formulate rules that establish policies and procedures relating to the administration, management, monitoring and oversight of contracts entered by an agency.

(2) Any officer, institution or entity that is excluded from the definition of "agency" under section 67-9203, Idaho Code, but that may enter contracts obligating the state, shall establish policies and procedures relating to the administration, management, monitoring and other oversight of such contracts.

(3) Policies and procedures established pursuant to subsection (1) or (2) of this section shall define the roles and responsibilities of those persons assigned to administer, manage, monitor or otherwise oversee state contracts.

(4) Each officer, agency, institution or entity that may enter contracts obligating the state, regardless of whether such officer, agency, institution or entity is included in the definition of "agency" under section 67-9203, Idaho Code, shall make an annual report to the legislature on all qualifying contracts entered into by the officer, agency, institution or entity during the previous year. The report shall be made on the first day of the regular legislative session and shall include the following information for each contract:

(a) The amount;

(b) The duration;

(c) The parties; and

(d) The subject.

(5) For purposes of this section, a qualifying contract is one entered into with a state institution of higher education pursuant to section 67-2332A, Idaho Code, or one valued at more than one million five hundred thousand dollars ($1,500,000) over the duration of the contract and that is:

(a) Awarded as a result of a sole source or other noncompetitive procurement pursuant to section 67-9221, Idaho Code;

(b) A multiyear contract; or

(c) Part of a multiple award.

History:

[67-9219, added 2016, ch. 289, sec. 4, p. 798; am. 2021, ch. 71, sec. 2, p. 253.]
Idaho Code § 67-4760 — Idaho Code / Title 67 / Chapter 47 / Section 67-4760
67-4760 IDAHO BROADBAND FUND.
Status: in_force

67-4760. idaho broadband fund. There is hereby created in the state treasury the Idaho broadband fund that will consist of such sums as may be appropriated by the legislature for the purpose of providing financial assistance in broadband infrastructure to promote equal access in economic development, public safety, telehealth, and education. Expenditures from the fund will be prioritized based on the statewide broadband plan developed by the Idaho broadband advisory board established pursuant to section 67-4761, Idaho Code, and must be approved by the board. Interest earnings from the investment of moneys in this fund by the state treasurer shall be returned to the fund.

History:

[67-4760, added 2021, ch. 137, sec. 1, p. 383.]
Idaho Code § 67-4761 — Idaho Code / Title 67 / Chapter 47 / Section 67-4761
67-4761 IDAHO BROADBAND ADVISORY BOARD.
Status: in_force

67-4761. Idaho broadband advisory board. (1) There is hereby created within the department of commerce the Idaho broadband advisory board. The advisory board shall consist of three (3) members of the house of representatives appointed by the speaker of the house of representatives, three (3) members of the senate appointed by the president pro tempore of the senate, one (1) nonvoting member with experience and knowledge of the broadband industry appointed by the speaker of the house of representatives, one (1) nonvoting member with experience and knowledge of the broadband industry appointed by the president pro tempore of the senate, and three (3) members of the public appointed by the governor.

(2) The advisory board shall be responsible for creating a statewide broadband plan that will determine the manner of structuring, prioritizing, and dispersing grants from the Idaho broadband fund to areas of the state that are most in need and shall have the authority to determine which broadband projects are undertaken pursuant to this section. At the discretion of the advisory board, grant award grading and scoring shall be conducted by an independent third party, and the independent third party shall provide recommendations to the advisory board. In the preparation, adoption, and implementation of the statewide broadband plan, the advisory board shall solicit the participation and assistance of state agencies with pertinent expertise. All agencies of the state of Idaho shall cooperate with the advisory board by providing requested research, information, and studies pertaining in any manner to the statewide broadband plan.

(3) Once the statewide broadband plan has been adopted by a majority vote of the broadband advisory board, copies of the plan shall be filed in the office of the governor, posted on the website of the advisory board or the department of commerce, and published and distributed in any other manner determined appropriate by the advisory board.

(4) Following adoption of the statewide broadband plan, the board shall administer the implementation of the plan and shall maintain and revise the plan as necessary.

(5) Any state agency may petition the board to revise the statewide broadband plan. The board shall review any petition filed pursuant to this section within three (3) months after it is filed and shall either take action to revise the broadband plan or set forth its reasons for denying the request in writing.

History:

[67-4761, added 2021, ch. 137, sec. 2, p. 383; am. 2025, ch. 115, sec. 1, p. 617.]
Idaho Code § 67-1203A — Idaho Code / Title 67 / Chapter 12 / Section 67-1203A
67-1203A BOARD — APPOINTMENT OF MEMBERS — TERM — REMOVAL — VACANCIES — ORGANIZATION — QUORUM — MEETINGS — COMPENSATION.
Status: in_force

67-1203A. Board — Appointment of members — Term — Removal — Vacancies — Organization — Quorum — Meetings — Compensation. (1) The members of the board appointed by the governor shall serve for terms of four (4) years, provided that for the first term the governor shall appoint three (3) members who shall serve for a term of two (2) years, and two (2) members who shall serve for a term of four (4) years. Members of the board shall serve until their successors have been selected and qualified.

(2) A member of the board appointed by the governor shall not hold an office, position or employment in a political party. An appointed member may be removed from the board for cause by a two-thirds (2/3) vote of the full board. A vacancy in the appointive membership of the board during a term thereof shall be filled by appointment by the governor for the unexpired term. A majority of the members of the board shall constitute a quorum for the transaction of business. The meetings of the board shall be held at least quarterly and at other times upon the call of the chairman or a majority of the board. The board members appointed hereunder shall be compensated as provided by section 59-509(n), Idaho Code.

History:

[67-1203A, added 2014, ch. 130, sec. 1, p. 363.]