Idaho Code § 67-1085A — Idaho Code / Title 67 / Chapter 10 / Section 67-1085A
67-1085A STATE AGENCY AGREEMENT REPORTING REQUIREMENTS.
Status: in_force

67-1085A. STATE AGENCY AGREEMENT REPORTING REQUIREMENTS. (1) As used in this section:

(a) "Agency" means any state officer, department, division, bureau, or agency of the state of Idaho.

(b) "Agreement" includes any legally binding contract, MOU, or MOA entered into by an agency with external entities.

(c) "Master agreement" means a contract outlining general terms for a business relationship with specific sub-agreements that are subject to the master agreement's terms.

(d) "Memorandum of agreement" or "MOA" means a legally binding agreement defining the terms, obligations, and responsibilities of the parties.

(e) "Memorandum of understanding" or "MOU" means a non-binding agreement outlining a common understanding or objective between two (2) or more parties.

(f) "Sub-agreement" means a contract subordinate to a master agreement that outlines specific terms or obligations.

(2) Agencies shall report any executed MOU, MOA, or agreement, including sub-agreements, regardless of fund source, to the state controller within ten (10) business days of execution.

(3) Reports required pursuant to subsection (2) of this section shall be submitted through the designated state controller reporting portal and must include:

(a) A document title;

(b) The date of execution and end date, if applicable;

(c) A list of participating entities;

(d) A brief summary or purpose;

(e) An agency contact person's name, email, and phone number;

(f) Any amendments or modifications to the agreement; and

(g) The monetary value of the agreement, including total contract cost, funding sources, and payment schedule, if applicable.

(4) Amendments to existing agreements shall not require separate reporting but shall be updated in the original submission, including the date of the last amendment and updated end date if the amendment extended the term of the agreement.

(5)(a) The following agreements are exempt from the provisions of this section and are not required to be reported:

(i) Employment-related agreements with state employees, excluding settlement agreements;

(ii) Routine financial documents such as invoices and purchase orders used in the ordinary course of business;

(iii) Student housing and financial aid agreements between institutions and students; and

(iv) Template agreements with standard terms used for short-term incidental purposes.

(b) Statewide contracts executed by the department of administration, division of purchasing, shall be reported by the department of administration, except that sub-agreements executed by individual agencies shall be reported by the agency executing the sub-agreement.

(6) Each agency shall annually review, update, and certify the accuracy and completeness of its reported agreements by January 1 of each year. The certification must be signed or acknowledged by the agency head or an authorized representative.

(7)(a) The state controller shall maintain and publish a centralized publicly accessible list of reported agreements, subject to public records exemptions under chapter 1, title 74, Idaho Code. At a minimum, the publicly available information shall include the information required to be reported under subsection (3) of this section.

(b) The state controller shall monitor agency compliance and may provide assistance to an agency in meeting the requirements of this section.

(c) Should the state controller become aware of an agency's failure to report as required pursuant to subsection (2) of this section, the state controller shall provide prompt written notice to the agency of such failure, whereupon the agency shall cure the noncompliance within thirty (30) days of the date of receipt of such written notice or notify the state controller it will comply by a time certain, not to exceed sixty (60) days from the date of notice of noncompliance.

(d) The state controller shall prepare an annual report of any agency that fails to cure its noncompliance as provided in paragraph (c) of this subsection. Such report shall be provided to the legislative services office on or before January 5 of each year.

(e) An agency that remains noncompliant after an opportunity to cure its noncompliance may be subject to potential budgetary holdbacks for the following fiscal year at the discretion of the joint finance-appropriations committee, upon the approval of the budget by the legislature and subject to the final approval of the governor.

(f) The state controller shall have authority to develop and maintain a guidance policy to carry out the provisions and requirements of this section, including the manner of reporting agreements to its reporting portal, and shall publish such policy in the same location where the list of reported agreements is published.

History:

[67-1085A, added 2025, ch. 203, sec. 2, p. 924; am. 2026, ch. 151, sec. 1, p. 692.]
Idaho Code § 67-5712 — Idaho Code / Title 67 / Chapter 57 / Section 67-5712
67-5712 PROJECTION OF BUILDING REQUIREMENTS REPORT.
Status: in_force

67-5712. Projection of building requirements report. The permanent building fund council and the director of the department of administration works shall on or before September 1 next preceding each regular session of the legislature prepare and submit to the governor a projection of building requirements of all institutions and agencies of Idaho. Such projection shall include new buildings, maintenance and repair of existing state owned buildings.

History:

[67-5712, added I.C., sec. 67-5712, as added by 1974, ch. 34, sec. 2, p. 988.]
Idaho Code § 67-3808 — Idaho Code / Title 67 / Chapter 38 / Section 67-3808
67-3808 C-PACE APPLICATION AND REVIEW PROCESS.
Status: in_force

67-3808. c-pace application and review process. (1) A local government participating in a C-PACE program must establish the form and manner of a C-PACE application and review process to evaluate project applications for C-PACE financing. At a minimum, an application shall require that:

(a) An applicant must demonstrate that the project provides one (1) or more of the following benefits to the public:

(i) Energy or water resource conservation;

(ii) Reduced public health costs or risk; or

(iii) Reduced public emergency response cost or risk;

(b) For an existing building, an applicant must provide an energy analysis by a licensed engineering firm, engineer, or other qualified professional listed in the program guidebook and:

(i) Where energy or water usage improvements are proposed, a statement by the author of the analysis that the proposed qualified improvements will result in either more efficient use or conservation of energy or water or the addition of renewable sources of energy or water; or

(ii) Where resilience improvements are proposed, a statement by the author of the analysis that the qualified improvements will result in improved resilience; and

(c) For new construction, an applicant must provide certification by a licensed engineering firm, engineer, or other qualified professional stating that the proposed qualified improvements will enable the project to:

(i) Exceed the current building code's requirements for one (1) or more of the following:

1. Energy efficiency;

2. Water efficiency;

3. Renewable energy; or

4. Renewable water; or

(ii) Meet or exceed resilience standards for the local government's building codes or, if none are available, compliance with a nationally available and recognized resiliency standard.

(2) A local government shall establish a process for reviewing and approving applications for financing. The local government may require a capital provider to certify to the local government, in accordance with a process approved by the local government, that the property owner and the project meet the requirements of this chapter and the program guidebook and qualify for financing pursuant to this chapter.

(3) The local government's duties shall also include:

(a) Execution and recording of the written assessment contract between the property owner and a duly authorized official of the local government, as well as execution and recording of the local government notice of assessment and C-PACE lien; and

(b) Execution and recording of the notice of assessment and C-PACE lien, assignment of the assessment agreement to the capital provider, and notice of assignment of assessment and C-PACE lien to the capital provider.

(4) The local government may bill, collect, and enforce the special assessment in the same time and same manner as a property tax, or the local government may assign to the capital provider providing financing the sole responsibility for billing, collection, and enforcement of the special assessment and lien. The decision of the local government to delegate must be made no later than the execution of the written assessment contract. After one (1) year from the date of any delinquency, enforcement of a delinquent assessment payment by a capital provider shall be made in the same manner as that prescribed in chapter 15, title 45, Idaho Code, for a deed of trust, except assessments not yet due may not be accelerated or eliminated by foreclosure of the past due amounts of the lien, or a property tax foreclosure or any other foreclosure of an indebtedness on the property. In any enforcement action by either the local government or capital provider, any outstanding and delinquent local property taxes at the time of the enforcement action must be satisfied prior to the delinquent amounts of the special assessment.

(5) The local government, its officers, and employees are not liable at law or equity for actions taken pursuant to this section, except in cases of gross negligence, recklessness, or willful misconduct.

(6) After an approved project is completed, an applicant shall provide to the local government written verification, as defined in the program guidebook, stating that the qualified project was properly completed and is operating as intended.

History:

[67-3808, added 2024, ch. 239, sec. 1, p. 855.]
Idaho Code § 67-5722 — Idaho Code / Title 67 / Chapter 57 / Section 67-5722
67-5722 DECLARATION OF SURPLUS PROPERTY.
Status: in_force

67-5722. declaration of surplus property. In accordance with the internal management policies, guidelines or instructions of the board of examiners, the head of any agency may declare as surplus any item of personal property.

History:

[67-5722, added 1975, ch. 254, sec. 2, p. 686; am. 1991, ch. 158, sec. 1, p. 374; am. 2000, ch. 5, sec. 1, p. 9; am. 2001, ch. 36, sec. 6, p. 61; am. 2016, ch. 289, sec. 17, p. 819.]
Idaho Code § 67-7903 — Idaho Code / Title 67 / Chapter 79 / Section 67-7903
67-7903 VERIFICATION OF LAWFUL PRESENCE — EXCEPTIONS — REPORTING.
Status: in_force

67-7903. Verification of lawful presence — Exceptions — Reporting. (1) Except as otherwise provided in subsection (3) of this section, each agency or political subdivision of this state shall verify the lawful presence in the United States of each natural person eighteen (18) years of age or older who applies for state or local public benefits or for federal public benefits for the applicant.

(2) This section shall be enforced without regard to race, religion, gender, ethnicity or national origin.

(3) Verification of lawful presence in the United States shall not be required:

(a) For obtaining health care items and services that are necessary for the treatment of an emergency medical condition of the person involved and that are not related to an organ transplant procedure;

(b) For short-term, noncash, in-kind emergency disaster relief;

(c) For programs, services, or assistance at short-term shelters that:

(i) Deliver in-kind services at the community level, including services through public or private nonprofit agencies;

(ii) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and

(iii) Are necessary for the protection of life or public safety; or

(d) To apply for or receive crime victims compensation pursuant to chapter 10, title 72, Idaho Code.

(4) An agency or a political subdivision shall verify the lawful presence in the United States of each applicant eighteen (18) years of age or older for federal public benefits or state or local public benefits by:

(a) Employing electronic means to verify an applicant is legally present in the United States; or

(b) Requiring the applicant to provide:

(i) An Idaho driver's license or an Idaho identification card issued pursuant to section 49-2444, Idaho Code;

(ii) A valid driver's license or similar document issued for the purpose of identification by another state or territory of the United States, if such license or document contains a photograph of the individual or such other personal identifying information relating to the individual that the director of the department of health and welfare or, with regard to unemployment compensation benefits, the director of the department of labor finds, by rule, sufficient for purposes of this section;

(iii) A United States military card or a military dependent's identification card;

(iv) A United States coast guard merchant mariner card;

(v) A native American tribal document;

(vi) A copy of an executive office of immigration review, immigration judge or board of immigration appeals decision, granting asylee status;

(vii) A copy of an executive office of immigration review, immigration judge or board of immigration appeals decision, indicating that the individual may lawfully remain in the United States;

(viii) Any United States citizenship and immigration service-issued document showing refugee or asylee status or that the individual may lawfully remain in the United States;

(ix) Any department of state or customs and border protection-issued document showing the individual has been permitted entry into the United States on the basis of refugee or asylee status or on any other basis that permits the individual to lawfully enter and remain in the United States; or

(x) A valid United States passport; and

(c) Requiring the applicant to provide a valid social security number that has been assigned to the applicant; and

(d) Requiring the applicant to attest, under penalty of perjury and on a form designated or established by the agency or the political subdivision, that:

(i) The applicant is a United States citizen or legal permanent resident; or

(ii) The applicant is otherwise lawfully present in the United States pursuant to federal law.

(5) Notwithstanding the requirements of subsection (4)(b) of this section, the agency or political subdivision may establish by appropriate legal procedure such rules or regulations to ensure that certain individuals lawfully present in the United States receive authorized benefits including, but not limited to, homeless state citizens.

(6) For an applicant who has attested pursuant to subsection (4)(d) of this section stating that the applicant is an alien lawfully present in the United States, verification of lawful presence for federal public benefits or state or local public benefits shall be made through the federal systematic alien verification of entitlement program, which may be referred to as the "SAVE" program, operated by the United States department of homeland security or a successor program designated by the United States department of homeland security. Until such verification of lawful presence is made, the attestation may be presumed to be proof of lawful presence for purposes of this section.

(a) Errors and significant delays by the SAVE program shall be reported to the United States department of homeland security to ensure that the application of the SAVE program is not wrongfully denying benefits to legal residents of this state.

(b) Agencies or political subdivisions may adopt variations of the requirements of subsection (4)(d) of this section to improve efficiency or reduce delay in the verification process or to provide for adjudication of unique individual circumstances in which the verification procedures in this section would impose unusual hardship on a legal resident of this state; except that the variations shall be no less stringent than the requirements of subsection (4)(d) of this section.

(c) A person who knowingly makes a false, fictitious or fraudulent statement or representation in an attestation executed pursuant to subsection (4)(d) or (6)(b) of this section or who knowingly provides a social security number that has not been assigned to him pursuant to subsection (4)(c) of this section shall be:

(i) Guilty of a misdemeanor for the first and second offense; and

(ii) Guilty of a felony for each subsequent offense.

(7) An agency or political subdivision may accept as prima facie evidence of an applicant's lawful presence in the United States the information required in subsection (4) of this section, as may be modified by subsection (5) of this section, when issuing a professional license or a commercial license.

History:

[67-7903, added 2007, ch. 311, sec. 1, p. 878; am. 2008, ch. 27, sec. 19, p. 58; am. 2009, ch. 177, sec. 20, p. 572; am. 2009, ch. 197, sec. 1, p. 633; am. 2011, ch. 280, sec. 1, p. 760; am. 2011, ch. 291, sec. 28, p. 812; am. 2022, ch. 318, sec. 61, p. 1032; am. 2025, ch. 275, sec. 2, p. 1167; am. 2026, ch. 100, sec. 1, p. 541.]
Idaho Code § 67-432 — Idaho Code / Title 67 / Chapter 4 / Section 67-432
67-432 JOINT FINANCE-APPROPRIATIONS COMMITTEE — CREATION — MEMBERS.
Status: in_force

67-432. Joint finance-appropriations committee — Creation — Members. There is hereby created the joint finance-appropriations committee which shall consist of the members of the senate finance committee and the members of the house appropriations committee. Vacancies on the committee which occur during the interim when the legislature is not in session shall be filled by the speaker of the house and the president pro tempore of the senate, but any member thus selected shall be from the same house and the same political party as the member whose seat was vacated, and shall serve until the next regular legislative session.

History:

[67-432, added 1967, ch. 354, sec. 1, p. 999; am. 1971, ch. 290, sec. 1, p. 1104; am. 1973, ch. 151, sec. 1, p. 292; am. 2003, ch. 252, sec. 1, p. 652.]
Idaho Code § 67-7453 — Idaho Code / Title 67 / Chapter 74 / Section 67-7453
67-7453 SEVERABILITY.
Status: in_force

67-7453. Severability. If any of the provisions of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

History:

[(67-7453) 67-7452, added 1988, ch. 232, sec. 2, p. 461; am. and redesig. 2026, ch. 6, sec. 6, p. 22.]
Idaho Code § 67-4129B — Idaho Code / Title 67 / Chapter 41 / Section 67-4129B
67-4129B IDAHO HISTORIC PRESERVATION AND CULTURAL ENHANCEMENT FUND.
Status: in_force

67-4129B. Idaho historic preservation and cultural enhancement fund. (1) There is hereby created in the state treasury the Idaho historic preservation and cultural enhancement fund. Moneys in the fund shall consist of grants, federal moneys, donations or funds from any other source.

(2) Moneys in the fund may be expended pursuant to appropriation to the state historical society and the fund balance may be appropriated annually to the state historical society. The state treasurer shall invest all idle moneys in the fund. Any interest earned on the investment of idle moneys shall be returned to the fund.

(3) Moneys in the fund shall be used exclusively for the purposes of protection and preservation of the state's cultural resources, historic buildings, structures, artifacts, and records; for enhancement of statewide cultural and historic education opportunities; and for historical research purposes.

History:

[67-4129B, added 2006, ch. 119, sec. 3, p. 336; am. 2018, ch. 169, sec. 21, p. 370.]
Idaho Code § 67-5311 — Idaho Code / Title 67 / Chapter 53 / Section 67-5311
67-5311 LIMITATION OF POLITICAL ACTIVITY.
Status: in_force

67-5311. Limitation of political activity. (1) No employee of a state department covered by this act shall:

(a) Use his official authority or influence for the purpose of interfering with an election to or a nomination for office, or affecting the result thereof;

(b) Directly or indirectly coerce, attempt to coerce, command, or direct any other such officer or employee to pay, lend, or contribute any part of his salary or compensation or anything else of value to any party, committee, organization, agency, or person for political purposes; or

(c) Be a candidate and hold elective office in any partisan election.

(2) All such employees shall retain the right to:

(a) Register and vote in any election;

(b) Express an opinion as an individual privately and publicly on political subjects and candidates;

(c) Display a political picture, sticker, badge, or button;

(d) Participate in the nonpartisan activities of a civic, community, social, labor, or professional organization, or of a similar organization;

(e) Be a member of a political party or other political organization and participate in its activities;

(f) Attend a political convention, rally, fund-raising function, or other political gathering;

(g) Sign a political petition as an individual;

(h) Make a financial contribution to a political party or organization;

(i) Take an active part, in support of a candidate, in an election;

(j) Be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character;

(k) Serve as an election judge or clerk, or in a similar position to perform nonpartisan duties as prescribed by state or local law;

(l) Be a candidate and hold elective office in any nonpartisan election;

(m) Take an active part in political organization management; and

(n) Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise the neutrality, efficiency, or integrity of the employee's administration of state functions.

History:

[67-5311, added 1965, ch. 289, sec. 11, p. 746; am. 1975, ch. 164, sec. 6, p. 434; am. 1986, ch. 133, sec. 5, p. 352; am. 1987, ch. 168, sec. 1, p. 329; am. 2023, ch. 7, sec. 4, p. 21.]
Idaho Code § 67-5226 — Idaho Code / Title 67 / Chapter 52 / Section 67-5226
67-5226 TEMPORARY RULES.
Status: in_force

67-5226. Temporary rules. (1) The legislature finds that temporary rules do not always follow the negotiated rulemaking process. Therefore, to ensure accountability of agency rules to the legislature and to Idaho citizens, temporary rules shall be used only in emergency or other limited situations where negotiated rulemaking is not feasible. Agencies shall make every effort to promulgate rules utilizing the negotiated rulemaking process.

(2) If the governor finds that:

(a) An imminent threat to the public health, safety, or welfare from a specified danger that was unknown to the agency prior to or during the most recent session of the legislature or from the measurable worsening of such threat or danger;

(b) Compliance with deadlines in amendments to governing law;

(c) Reducing a regulatory burden that would otherwise impact individuals or businesses;

(d) Protection of citizens' rights; or

(e) A natural disaster;

requires a rule to become effective before it has been submitted for legislative review, the governor shall publish a statement explaining why an earlier effective date is required in accordance with the provisions of this section. The agency may then proceed with such notice as is practicable and adopt a temporary rule, except as otherwise provided in section 67-5229(1)(d), Idaho Code. The agency may make the temporary rule immediately effective. The agency shall incorporate the required finding and a concise statement of its supporting reasons in each rule adopted in reliance on the provisions of this subsection.

(3) A pending fee rule adopted pursuant to subsection (2) of this section may become effective under this section before it has been approved by concurrent resolution only if the governor finds that the fee or charge is necessary to avoid immediate danger. The governor shall publish a statement explaining why an earlier effective date is required subject to the provisions of subsection (2) of this section, including an explanation as to why the fee or charge is necessary to avoid immediate danger.

(4) Temporary rules shall be published in the first available issue of the bulletin.

(5) Temporary rules shall be subject to the requirements of section 67-5223, Idaho Code.

(6) Concurrently with the promulgation of a rule under this section, or as soon as reasonably possible thereafter, an agency shall commence the promulgation of a proposed rule in accordance with the rulemaking requirements of this chapter, unless the temporary rule adopted by the agency will expire by its own terms or by operation of law before the proposed rule could become final. Such concurrently promulgated proposed rules shall identify the changes from the previous version of the rule adopted by the legislature, if any.

(7) If a temporary rule expires by its own terms or by operation of law, the promulgating agency may not adopt the same rule or a substantially similar rule as a temporary rule again, unless:

(a) The governor finds it is necessary due to an imminent threat to the public health, safety, or welfare, as described in subsection (2)(a) of this section, and publishes a statement explaining the changed or emergency circumstances;

(b) Ninety (90) days have elapsed since the expiration of the previous temporary rule and a basis for a new temporary rule is present; or

(c) The governor declares a disaster emergency pursuant to state law.

(8) A person aggrieved by a promulgating agency's adoption of a temporary rule may challenge such agency action as a final agency action in accordance with the provisions of section 67-5270, Idaho Code.

History:

[67-5226, added 1992, ch. 263, sec. 16, p. 799; am. 1995, ch. 196, sec. 2, p. 687; am. 1996, ch. 161, sec. 7, p. 536; am. 2000, ch. 203, sec. 2, p. 511; am. 2003, ch. 22, sec. 1, p. 92; am. 2010, ch. 20, sec. 4, p. 36; am. 2014, ch. 191, sec. 2, p. 516; am. 2023, ch. 314, sec. 5, p. 961; am. 2024, ch. 220, sec. 1, p. 775; am. 2026, ch. 41, sec. 1, p. 175.]
Idaho Code § 67-8702 — Idaho Code / Title 67 / Chapter 87 / Section 67-8702
67-8702 DEFINITIONS.
Status: in_force

67-8702. Definitions. As used in this chapter:

(1) "Authority" or "bond bank authority" means the Idaho bond bank authority.

(2) "Bonds" means bonds, notes or other obligations of the authority issued under this chapter.

(3) "Municipal bond" means a bond, note or other obligation, including a loan, lease or installment sale agreement, issued or undertaken by a municipality for any purpose authorized by law.

(4) "Municipality" means any county, city, municipal corporation, school district, irrigation district, sewer district, water district, highway district or other special purpose district or political subdivision of the state established by law.

(5) "State sales tax account" means any fund or account in the state treasury in which state sales tax moneys are deposited, but only to the extent moneys in such fund or account are attributable to the state sales tax moneys.

History:

[67-8702, added 2001, ch. 130, sec. 1, p. 452; am. 2002, ch. 148, sec. 1, p. 426; am. 2005, ch. 389, sec. 1, p. 1250.]
Idaho Code § 67-6510 — Idaho Code / Title 67 / Chapter 65 / Section 67-6510
67-6510 MEDIATION — TIME LIMITATIONS TOLLED.
Status: in_force

67-6510. Mediation — Time limitations tolled. (1) The procedure established for the processing of applications by this chapter or by local ordinance shall include the option of mediation upon the written request of the applicant, an affected person, the zoning or planning and zoning commission or the governing board. Mediation may occur at any point during the decision-making process or after a final decision has been made. If mediation occurs after a final decision, any resolution of differences through mediation must be the subject of another public hearing before the decision-making body.

(2) The applicant and any other affected persons objecting to the application shall participate in at least one (1) mediation session if mediation is requested by the commission or the governing board. The governing board shall select and pay the expense of the mediator for the first meeting among the interested parties. Compensation of the mediator shall be determined among the parties at the outset of any mediation undertaking. An applicant may decline to participate in mediation requested by an affected person, and an affected person may decline to participate in mediation requested by the applicant, except that the parties shall participate in at least one (1) mediation session if directed to do so by the governing board.

(3) During mediation, any time limitation relevant to the application shall be tolled. Such tolling shall cease when the applicant or any other affected person, after having participated in at least one (1) mediation session, states in writing that no further participation is desired and notifies the other parties, or upon notice of a request to mediate wherein no mediation session is scheduled for twenty-eight (28) days from the date of such request.

(4) The mediation process may be undertaken pursuant to the general limitations established by this section or pursuant to local ordinance provisions not in conflict herewith.

(5) The mediation process shall not be part of the official record regarding the application.

History:

[67-6510, added 2000, ch. 199, sec. 2, p. 491.]
Idaho Code § 67-1001A — Idaho Code / Title 67 / Chapter 10 / Section 67-1001A
67-1001A DEFINITIONS.
Status: in_force

67-1001A. Definitions. As used in this chapter and other applicable sections of Idaho Code, each of the terms defined in this section shall have the meaning herein given unless a different meaning is clearly required by the context.

(1) "Certification" means a written or electronic assertion that a statement or report is true or as represented.

(2) "Defaulter" means one who misappropriates public moneys held by him in any official or fiduciary capacity or fails to provide an accounting as specified by the state controller for such moneys.

(3) "Examine" means open to inspection; to review or evaluate the books, papers, accounts, bills, vouchers, other documents of state moneys and property, or accounts or financial records of all state agencies and entities receiving state moneys in accordance with generally accepted accounting practices.

(4) "Financial statement" means a quantitative report summarizing the financial position of an entity as of a particular date and the operating results of that entity for a particular period.

(5) "Internal control" means a coordinated system of methods and measures designed to safeguard assets, check the accuracy and reliability of accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies.

(6) "Offset" means to withhold payment, in full or in part, from a recipient of state money whenever that recipient has an outstanding debt to the state.

(7) "Post-audit" means an independent audit of the financial statements of the state of Idaho for purposes of rendering an opinion of such statements in conformity with generally accepted accounting principles.

(8) "Voucher" means a receipt, acquittance or release in writing or electronic transmission that may serve as evidence of payment or discharge of debt; a document that serves to recognize a liability and authorize the disbursement of cash.

(9) "Warrant" means a negotiable instrument payable by the state treasury when moneys become available for the stated purpose; a warrant may include, but is not necessarily limited to, a payment mechanism such as direct deposit, electronic fund transfer, paper warrant or other financial instrument.

History:

[67-1001A, added 2003, ch. 4, sec. 2, p. 9; am. 2021, ch. 160, sec. 13, p. 451.]
Idaho Code § 67-6625A — Idaho Code / Title 67 / Chapter 66 / Section 67-6625A
67-6625A LATE FILING OF STATEMENT OR REPORT — FEES.
Status: in_force

67-6625A. Late filing of statement or report — Fees. (1) If any person fails to file a report or statement required under this chapter on or before a specified date, he shall be liable to the secretary of state for deposit in the general fund in the amount of fifty dollars ($50.00) per day beginning forty-eight (48) hours after the deadline until the statement or report is filed. The secretary of state or the county clerk shall notify the person and his treasurer, if any, that a fine has been assessed and will continue to accrue until the report or statement has been filed. The notification shall be made by telephone or electronic means within twenty-four (24) hours of the missed filing deadline.

(2) The remedy provided in this section is cumulative and does not exclude any other remedy or penalty prescribed in section 67-6625, Idaho Code.

History:

[67-6625A, added 1977, ch. 169, sec. 2, p. 435; am. 1993, ch. 203, sec. 3, p. 559; am. 2019, ch. 288, sec. 16, p. 842.]
Idaho Code § 67-3012 — Idaho Code / Title 67 / Chapter 30 / Section 67-3012
67-3012 NATIONAL CRIME PREVENTION AND PRIVACY COMPACT.
Status: in_force

67-3012. National crime prevention and privacy compact. (1) Findings. The legislature finds that there is a need to improve the quality and completeness of criminal history records made available to a state when it conducts national fingerprint-based record checks for applicant or noncriminal justice purposes. Criminal history records automated and held at the state level are the most complete and accurate sources for fingerprint-based records checks for authorized agencies or organizations screening persons seeking positions of trust. Ratification of the "National Crime Prevention and Privacy Compact" will provide direct access to criminal history records maintained in other member states.

(2) Enactment. The national crime prevention and privacy compact is hereby enacted into law and entered into with all other jurisdictions legally joined therein in the form substantially as follows:

The contracting parties agree to the following:

Overview

(a) In general. This compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment.

(b) Obligations of parties. Under this compact, the FBI and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the federal government and to party states for authorized purposes. The FBI shall also manage the federal data facilities that provide a significant part of the infrastructure for the system.

ARTICLE I

DEFINITIONS

In this compact:

(1) Attorney general. The term "attorney general" means the attorney general of the United States.

(2) Compact officer. The term "compact officer" means:

(A) With respect to the federal government, an official so designated by the director of the FBI; and

(B) With respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository.

(3) Council. The term "council" means the compact council established under article VI.

(4) Criminal history records. The term "criminal history records":

(A) Means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and

(B) Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.

(5) Criminal history record repository. The term "criminal history record repository" means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state.

(6) Criminal justice. The term "criminal justice" includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.

(7) Criminal justice agency. The term "criminal justice agency":

(A) Means:

(i) Courts; and

(ii) A governmental agency or any subunit thereof that:

(I) Performs the administration of criminal justice pursuant to a statute or executive order; and

(II) Allocates a substantial part of its annual budget to the administration of criminal justice; and

(B) Includes federal and state inspectors general offices.

(8) Criminal justice services. The term "criminal justice services" means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.

(9) Criterion offense. The term "criterion offense" means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.

(10) Direct access. The term "direct access" means access to the national identification index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.

(11) Executive order. The term "executive order" means an order of the president of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law.

(12) FBI. The term "FBI" means the federal bureau of investigation.

(13) Interstate identification system. The term "interstate identification index system" or "III system":

(A) Means the cooperative federal-state system for the exchange of criminal history records; and

(B) Includes the national identification index, the national fingerprint file and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI.

(14) National fingerprint file. The term "national fingerprint file" means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III system.

(15) National identification index. The term "national identification index" means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III system.

(16) National indices. The term "national indices" means the national identification index and the national fingerprint file.

(17) Nonparty state. The term "nonparty state" means a state that has not ratified this compact.

(18) Noncriminal justice purposes. The term "noncriminal justice purposes" means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.

(19) Party state. The term "party state" means a state that has ratified this compact.

(20) Positive identification. The term "positive identification" means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III system. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.

(21) Sealed record information. The term "sealed record information" means:

(A) With respect to adults, that portion of a record that is:

(i) Not available for criminal justice uses;

(ii) Not supported by fingerprints or other accepted means of positive identification; or

(iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and

(B) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure.

(22) State. The term "state" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

ARTICLE II

PURPOSES

The purposes of this compact are to:

(1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;

(2) Require the FBI to permit use of the national identification index and the national fingerprint file by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under article VI;

(3) Require party states to provide information and records for the national identification index and the national fingerprint file and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under article VI;

(4) Provide for the establishment of a council to monitor III system operations and to prescribe system rules and procedures for the effective and proper operation of the III system for noncriminal justice purposes; and

(5) Require the FBI and each party state to adhere to III system standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.

ARTICLE III

RESPONSIBILITIES OF COMPACT PARTIES

(a) FBI responsibilities. The director of the FBI shall:

(1) Appoint an FBI compact officer who shall:

(A) Administer this compact within the department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to article V(c);

(B) Ensure that compact provisions and rules, procedures, and standards prescribed by the council under article VI are complied with by the department of justice and the federal agencies and other agencies and organizations referred to in article III(a)(1)(A); and

(C) Regulate the use of records received by means of the III system from party states when such records are supplied by the FBI directly to other federal agencies;

(2) Provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in article IV, including:

(A) Information from nonparty states; and

(B) Information from party states that is available from the FBI through the III system, but is not available from the party state through the III system;

(3) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and

(4) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in article V.

(b) State responsibilities. Each party state shall:

(1) Appoint a compact officer who shall:

(A) Administer this compact within that state;

(B) Ensure that compact provisions and rules, procedures, and standards established by the council under article VI are complied with in the state; and

(C) Regulate the in-state use of records received by means of the III system from the FBI or from other party states;

(2) Establish and maintain a criminal history record repository, which shall provide:

(A) Information and records for the national identification index and the national fingerprint file; and

(B) The state's III system-indexed criminal history records for noncriminal justice purposes described in article IV;

(3) Participate in the national fingerprint file; and

(4) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this compact.

(c) Compliance with III system standards. In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III system rules, procedures, and standards duly established by the council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III system operation.

(d) Maintenance of record services.

(1) Use of the III system for noncriminal justice purposes authorized in this compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.

(2) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact.

ARTICLE IV

AUTHORIZED RECORD DISCLOSURES

(a) State criminal history record repositories. To the extent authorized by section 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general and that authorizes national indices checks.

(b) Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by section 552a of title 5, United States Code (commonly known as the "Privacy Act of 1974"), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general, that authorizes national indices checks.

(c) Procedures. Any record obtained under this compact may be used only for the official purposes for which the record was requested. Each compact officer shall establish procedures, consistent with this compact, and with rules, procedures, and standards established by the council under article VI, which procedures shall protect the accuracy and privacy of the records, and shall:

(1) Ensure that records obtained under this compact are used only by authorized officials for authorized purposes;

(2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and

(3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate "no record" response is communicated to the requesting official.

ARTICLE V

RECORD REQUEST PROCEDURES

(a) Positive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.

(b) Submission of state requests. Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI.

(c) Submission of federal requests. Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the national identification index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes.

(d) Fees. A state criminal history record repository or the FBI:

(1) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and

(2) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.

(e) Additional search.

(1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.

(2) If, with respect to a request forwarded by a state criminal history record repository under paragraph (1) of this subsection, the FBI positively identifies the subject as having a III system-indexed record or records:

(A) The FBI shall so advise the state criminal history record repository; and

(B) The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.

ARTICLE VI

ESTABLISHMENT OF COMPACT COUNCIL

(a) Establishment.

(1) In general. There is established a council to be known as the "compact council," which shall have the authority to promulgate rules and procedures governing the use of the III system for noncriminal justice purposes, not to conflict with FBI administration of the III system for criminal justice purposes.

(2) Organization. The council shall:

(A) Continue in existence as long as this compact remains in effect;

(B) Be located, for administrative purposes, within the FBI; and

(C) Be organized and hold its first meeting as soon as practicable after the effective date of this compact.

(b) Membership. The council shall be composed of fifteen (15) members, each of whom shall be appointed by the attorney general, as follows:

(1) Nine (9) members, each of whom shall serve a two (2) year term, who shall be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis.

(2) Two (2) at-large members, nominated by the director of the FBI, each of whom shall serve a three (3) year term, of whom:

(A) One (1) shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and

(B) One (1) shall be a representative of the noncriminal justice agencies of the federal government.

(3) Two (2) at-large members, nominated by the chairman of the council, once the chairman is elected pursuant to article VI(c), each of whom shall serve a three (3) year term, of whom:

(A) One (1) shall be a representative of state or local criminal justice agencies; and

(B) One (1) shall be a representative of state or local noncriminal justice agencies.

(4) One (1) member, who shall serve a three (3) year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board.

(5) One (1) member, nominated by the director of the FBI, who shall serve a three (3) year term, and who shall be an employee of the FBI.

(c) Chairman and vice chairman.

(1) In general. From its membership, the council shall elect a chairman and a vice chairman of the council, respectively. Both the chairman and vice chairman of the council:

(A) Shall be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member; and

(B) Shall serve a two (2) year term and may be reelected to only one (1) additional two (2) year term.

(2) Duties of vice chairman. The vice chairman of the council shall serve as the chairman of the council in the absence of the chairman.

(d) Meetings.

(1) In general. The council shall meet at least once each year at the call of the chairman. Each meeting of the council shall be open to the public. The council shall provide prior public notice in the federal register of each meeting of the council, including the matters to be addressed at such meeting.

(2) Quorum. A majority of the council or any committee of the council shall constitute a quorum of the council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.

(e) Rules, procedures, and standards. The council shall make available for public inspection and copying at the council office within the FBI, and shall publish in the federal register, any rules, procedures, or standards established by the council.

(f) Assistance from FBI. The council may request from the FBI such reports, studies, statistics, or other information or materials as the council determines to be necessary to enable the council to perform its duties under this compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.

(g) Committees. The chairman may establish committees as necessary to carry out this compact and may prescribe their membership, responsibilities, and duration.

ARTICLE VII

RATIFICATION OF COMPACT

This compact shall take effect upon being entered into by two (2) or more states as between those states and the federal government. Upon subsequent entering into this compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.

ARTICLE VIII

MISCELLANEOUS PROVISIONS

(a) Relation of compact to certain FBI activities. Administration of this compact shall not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the federal advisory committee act (5 U.S.C. App.) for all purposes other than noncriminal justice.

(b) No authority for nonappropriated expenditures. Nothing in this compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.

(c) Relating to public law 92-544. Nothing in this compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the departments of state, justice, and commerce, the judiciary, and related agencies appropriation act, 1973 (public law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under article VI(a), regarding the use and dissemination of criminal history records and information.

ARTICLE IX

RENUNCIATION

(a) In general. This compact shall bind each party state until renounced by the party state.

(b) Effect. Any renunciation of this compact by a party state shall:

(1) Be effected in the same manner by which the party state ratified this compact; and

(2) Become effective one hundred eighty (180) days after written notice of renunciation is provided by the party state to each other party state and to the federal government.

ARTICLE X

SEVERABILITY

The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state, or to the constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.

ARTICLE XI

ADJUDICATION OF DISPUTES

(a) In general. The council shall:

(1) Have initial authority to make determinations with respect to any dispute regarding:

(A) Interpretation of this compact;

(B) Any rule or standard established by the council pursuant to article VI; and

(C) Any dispute or controversy between any parties to this compact; and

(2) Hold a hearing concerning any dispute described in paragraph (1) of this subsection at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. Such decision shall be published pursuant to the requirements of article VI(e).

(b) Duties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III system, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the council holds a hearing on such matters.

(c) Right of appeal. The FBI or a party state may appeal any decision of the council to the attorney general, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court shall be removed to the appropriate district court of the United States in the manner provided by section 1446 of title 28, United States Code, or other statutory authority.

History:

[67-3012, added 2005, ch. 69, sec. 1, p. 234.]
Idaho Code § 67-5001 — Idaho Code / Title 67 / Chapter 50 / Section 67-5001
67-5001 CREATION OF COMMISSION ON AGING — COMPOSITION — APPOINTMENT.
Status: in_force

67-5001. Creation of commission on aging — Composition — Appointment. There is hereby established in the executive office of the governor the Idaho commission on aging, hereafter referred to as the "commission," which shall have the duties, powers, and authorities as provided in this act. The board of commissioners shall consist of seven (7) members to be appointed by the governor of the state of Idaho, hereafter referred to singly as a "commissioner" or collectively as "commissioners," who shall hold office during the pleasure of the governor and who shall be subject to removal by the governor. No commissioner shall hold any other elective or appointive office, state, county or municipal, or any office in any political party organization. Not more than four (4) commissioners shall at any time belong to the same political party. At least four (4) commissioners must be age sixty (60) years or older. Each of the commissioners shall be a citizen of the United States, and of the state of Idaho, and shall be appointed to assure appropriate geographic representation of the state of Idaho.

The commissioners shall be appointed for a term of four (4) years; provided, that in the case of death of any commissioner, or his or her removal from office as hereinbefore provided, the governor shall appoint a successor from the same geographic area. All commissioners shall be appointed for a term of four (4) years on a staggered basis. No commissioner shall serve more than two (2) consecutive terms, except that a commissioner appointed to fill an unexpired term may be appointed to two (2) additional full terms.

History:

[67-5001, added 1995, ch. 189, sec. 2, p. 677; am. 2002, ch. 47, sec. 1, p. 108.]
Idaho Code § 67-4924 — Idaho Code / Title 67 / Chapter 49 / Section 67-4924
67-4924 CONDUCT OF ELECTION — CANVASS OF RETURNS.
Status: in_force

67-4924. Conduct of election — Canvass of returns. The county clerk shall conduct the election in the manner prescribed by the provisions of chapter 14, title 34, Idaho Code, and the returns thereof shall be canvassed and the results certified by the county clerk who shall report the results to the district.

History:

[67-4924, added 1959, ch. 137, sec. 24, p. 299; am. 1987, ch. 70, sec. 17, p. 139; am. 1995, ch. 118, sec. 95, p. 506; am. 2009, ch. 341, sec. 152, p. 1073.]
Idaho Code § 67-2364 — Idaho Code / Title 67 / Chapter 23 / Section 67-2364
67-2364 LIMITATIONS ON DIGITAL IDENTIFICATION.
Status: in_force

67-2364. limitations on digital identification. (1) As used in this section:

(a) "Digital identification" means an electronic credential issued by a public entity and stored or displayed on a personal electronic device to establish a person's identity, age, or legal status.

(b) "Public entity" means the state of Idaho or any agency, department, board, commission, institution, political subdivision, or contractor acting on behalf of the state.

(2)(a) A public entity shall not require any person to obtain, maintain, present, or use digital identification.

(b) A public entity shall not deny, delay, condition, or reduce any service, benefit, license, employment, education, or access based on a person's refusal or inability to use digital identification.

(c) Physical, non-digital identification authorized under Idaho law shall remain valid for all governmental purposes.

(3)(a) A public entity shall not require a person to surrender, unlock, or relinquish control of a personal electronic device for identity verification.

(b) Presentation of digital identification shall not constitute consent to search or access any other contents of a device.

(4)(a) Digital identification may be used only for immediate identity verification.

(b) A public entity shall not track individuals, retain identity data beyond a transaction, or use digital identification as a universal or shared credential across agencies.

(5)(a) The attorney general shall have the authority to enforce the provisions of this section. Before filing an action for injunctive relief, the attorney general shall provide written notice of the alleged violation and allow the public entity fifteen (15) days to cure the violation.

(b) If the violation is not cured within fifteen (15) days, the attorney general may bring an action in district court to enjoin the public entity from violating the provisions of this section.

(6) Any person aggrieved by a violation of this section may bring an action in district court for declaratory or injunctive relief.

(7) A court issuing an order pursuant to this section may enforce such order through the court's contempt authority as provided by law.

(8) A prevailing plaintiff in an action brought pursuant to this section shall be entitled to reasonable attorney's fees and costs.

(9) No public employee shall be personally liable for actions taken within the employee's scope of employment.

History:

[67-2364, added 2026, ch. 250, sec. 1, p. 1052.]
Idaho Code § 67-2724 — Idaho Code / Title 67 / Chapter 27 / Section 67-2724
67-2724 OFFICERS AND PERSONS AUTHORIZED TO MAKE INSPECTIONS AND EXAMINATIONS.
Status: in_force

67-2724. Officers and persons authorized to make inspections and examinations. The governor, state controller, or the department of finance, or any person authorized in writing by them or it, may, during business hours, in the presence of the treasurer or his deputy, inspect and examine the books of account in the office of the treasurer, and all contracts, writings, securities, and other papers belonging to the state, or pertaining to the business thereof, held by the treasurer, and may inspect and count the moneys belonging to this state and the several funds thereof in the custody of the treasurer, and it is hereby made the duty of the state treasurer to furnish all reasonable facilities for the purpose.

And the governor, state treasurer, or the department of finance, or any person authorized in writing by them or it, may, likewise, during business hours, in the presence of the state controller or his deputy, inspect and examine the books of account in the office of the state controller, and all contracts, writings, securities, bonds, and other papers belonging to the state, or pertaining to the business thereof in the custody of the state controller, and it is hereby made the duty of the state controller to furnish all reasonable facilities for the purpose.

History:

[(67-2724) Based upon 1905, p. 305, sec. 5; R.C., sec. 131; R.C., sec. 127d, as added by 1915, ch. 168, sec. 2, p. 379; reen. C.L. 13:5; C.S., sec. 305; am. 1923, ch. 164, sec. 16, p. 242; I.C.A., sec. 65-2622; am. 1994, ch. 180, sec. 200, p. 547; am. 2015, ch. 244, sec. 52, p. 1035.]
Idaho Code § 67-7126 — Idaho Code / Title 67 / Chapter 71 / Section 67-7126
67-7126 OFF-HIGHWAY VEHICLES — ESTABLISHMENT OF ACCOUNT — DISTRIBUTION OF FEES.
Status: in_force

67-7126. off-highway vehicles — Establishment of account — Distribution of fees. There is hereby established in the state treasurer's office an account to be known and designated as the "OHV recreation account." The fee of twelve dollars ($12.00) collected for off-highway vehicle certificates of number and nonresident user certificates under the provisions of sections 67-7122 and 67-7124, Idaho Code, shall be allocated as follows:

(1) Vendors shall charge and retain one dollar and fifty cents ($1.50) for a handling fee;

(2) Up to fifteen percent (15%) of the revenue generated from OHV certificates may be used by the department to defray administrative costs and the production of certificates of number, nonresident user certificates, and validation stickers. Any moneys unused at the end of the fiscal year shall be returned to the Idaho state treasurer for deposit in the OHV recreation account;

(3) One dollar ($1.00) shall be deposited into the off-highway vehicle law enforcement fund. Moneys in said fund shall be paid and used as follows:

(a) Sheriffs of counties with a current or an actively developing off-highway vehicle law enforcement program recognized by the department shall receive moneys from the fund based upon a formula as provided in rule promulgated by the board; and

(b) Moneys from the fund shall be used only for off-highway-related law enforcement activities; and

(4) One dollar ($1.00) shall be allocated to the Idaho department of lands to provide off-highway vehicle opportunities and to repair damage directly related to off-highway vehicle use. The department of lands shall annually publish a report specifically identifying the uses of moneys allocated pursuant to this subsection; and

(5) The remaining funds shall be transmitted to the state treasurer's office for deposit to the credit of the OHV recreation account, all such moneys to be transmitted to the state treasurer on or before the tenth day of each month.

The department shall annually publish a report specifically identifying the use of revenues generated from OHV certificates of number and nonresident user certificates. Collection of fees for off-highway vehicle certificates of number and nonresident user certificates shall not impose any additional liability on the state of Idaho or any of its political subdivisions or upon the employees of the state and of its political subdivisions, and those entities and persons shall retain the limitations of liability provided by section 36-1604, Idaho Code, regardless of the use of such fees.

History:

[(67-7126) (49-2707) 49-2706, added 1972, ch. 278, sec. 1, p. 684; am. 1982, ch. 95, sec. 122, p. 185; am. 1984, ch. 195, sec. 29, p. 445; am. and redesig. 1986, ch. 233, sec. 6, p. 641; am. and redesig. 1988, ch. 265, sec. 553, p. 852; am. 1989, ch. 106, sec. 13, p. 245; am. 1994, ch. 288, sec. 3, p. 908; am. 2009, ch. 157, sec. 16, p. 475; am. 2014, ch. 338, sec. 14, p. 847; am. 2019, ch. 73, sec. 3, p. 172; am. 2021, ch. 149, sec. 19, p. 412.]
Idaho Code § 67-9406 — Idaho Code / Title 67 / Chapter 94 / Section 67-9406
67-9406 LICENSURE BY ENDORSEMENT — MEMBERS OF THE MILITARY, VETERANS, AND SPOUSES.
Status: in_force

67-9406. Licensure by endorsement — members of the military, veterans, and spouses. (1) A licensing authority shall establish a procedure to grant licensure by endorsement to a member of the military, a former member of the military after discharge under honorable conditions, a veteran, or a spouse of any such person, who possesses current, valid, and unrestricted licensure in another state, district, or territory of the United States, or in any branch of the armed forces or the national guard. Such procedure is intended to provide licensure by endorsement to qualifying persons within fifteen (15) business days after such person applies for licensure under this section, provided that the applicant is able to validate his qualifications pursuant to subsection (2) of this section within such time frame. Each licensing authority may promulgate applicable rules to implement the provisions of this subsection, if necessary.

(2) Each applicant for licensure by endorsement under this section must apply to the applicable licensing authority for relevant licensure to validate:

(a) The applicant's status as a member of the military, a former member of the military after discharge under honorable conditions, a veteran, or a spouse of any such person; and

(b) The applicant's current, valid, and unrestricted licensure in another state, district, or territory of the United States, or in any branch of the armed forces or the national guard.

(3) An applicant for licensure by endorsement pursuant to this section must disclose all current, pending, or subsequent disciplinary proceedings related to the applicant's licensure in another state, district, or territory of the United States, or in any branch of the armed forces or the national guard. A licensing authority has discretion regarding whether to withhold, revoke, or place conditions on an applicant's licensure by endorsement related to such disciplinary proceeding and any information obtained by the licensing authority related to such proceedings. An applicant's failure to disclose a current, pending, or future disciplinary proceeding pursuant to this subsection is grounds for a licensing authority to withhold, revoke, or place conditions on licensure by endorsement pursuant to this section.

(4) With respect to an applicant under this section, each licensing authority must implement a condensed military application form to verify the requirements of subsection (2) of this section. A condensed application may not request additional information unless such information is deemed critical by the applicable licensing authority to verify the applicant's qualification for an Idaho-specific aspect of practice or to determine the applicable scope of practice pursuant to subsection (5) of this section. As part of a condensed military application, a licensing authority may not require:

(a) The taking of all or a portion of an examination, even if such examination is required of other applicants for the same type of licensure in Idaho; or

(b) The payment of an application fee.

(5) With respect to applicants for licensure by endorsement under this section, a licensing authority may, at its discretion, compare the authorized scope of practice in the applicable jurisdiction, or jurisdictions, where the applicant currently holds licensure to the authorized scope of practice in Idaho. If such licensing authority determines that the authorized scope of practice in Idaho is broader than the scope of practice authorized in the jurisdiction, or jurisdictions, where the applicant currently holds licensure, such licensing authority may issue a limited license to such applicant pending completion of the additional education, training, or any other requirements determined necessary by the licensing authority. A limited license issued under this section must restrict the applicant's practice in Idaho to the scope of practice authorized in the state where the applicant holds prior licensure until such time that the applicant satisfies the education, training, or other requirements deemed necessary by the licensing authority for a limited period of time necessary for an applicant to meet the qualifications for a full license. Notwithstanding the provisions of subsection (4) of this section, a licensing authority may administer an examination or partial examination to an applicant pursuant to this subsection for the purpose of ascertaining whether an applicant possesses the requisite qualifications for a full license. Such examination must be narrowly tailored to the additional knowledge or skills required for the applicant to prove that he is qualified for a full license.

(6) This section does not restrict a person who is a member of a profession or occupation covered by an applicable interstate licensure compact or applicable reciprocity agreement from seeking licensure by endorsement pursuant to this section. In such a situation, a person may apply for licensure by endorsement under this section or may apply for licensure pursuant to the terms of the applicable licensure compact or reciprocity agreement.

(7) An applicant under this section is subject to the laws regulating the person's practice in Idaho and is subject to the applicable licensing authority's jurisdiction. For purposes of this section, the term "licensure" means a license, certificate, registration, permit, or other authorization to practice a profession or occupation.

History:

[(67-9406) 67-9306, added 2019, ch. 296, sec. 1, p. 879; am. 2021, ch. 176, sec. 1, p. 488; am. and redesig. 2021, ch. 321, sec. 42, p. 986.]
Idaho Code § 67-3002 — Idaho Code / Title 67 / Chapter 30 / Section 67-3002
67-3002 POSITIVE IDENTIFICATION — FINGERPRINTS REQUIRED.
Status: in_force

67-3002. Positive identification — Fingerprints required. To ensure positive identification and system integrity, criminal history records shall be supported by fingerprints, which may be maintained manually, electronically or on optical disk. The records shall be linked to an automated fingerprint identification system. For the purpose of including prescribed information categories, the system may be linked with databases maintained by other state agencies. Whenever possible, the reporting of information by criminal justice agencies relating to the categories identified in section 67-3001(4), Idaho Code, shall be conducted electronically or by magnetic medium. Any technology used in this process will conform to the standards, guidelines and conventions established by the Idaho technology authority.

History:

[67-3002, added 1999, ch. 249, sec. 2, p. 640; am. 2014, ch. 97, sec. 36, p. 291; am. 2015, ch. 244, sec. 53, p. 1036.]
Idaho Code § 67-4121 — Idaho Code / Title 67 / Chapter 41 / Section 67-4121
67-4121 REGULATIONS — COLLECTIONS HELD IN TRUST.
Status: in_force

67-4121. Regulations — collections held in trust. (1) The board of trustees of the Idaho state historical society is hereby authorized and empowered to promulgate and to enforce such regulations as it may deem needful to protect the prehistoric ruins and relics and archaeological and vertebrate paleontological sites and deposits on any public land in Idaho. No person shall remove from the state of Idaho any part of any such ruins, pictographs, petroglyphs, relics, deposits, objects, specimens, or artifacts recovered from any such archaeological or vertebrate paleontological site or deposit without first obtaining the consent of the board of trustees of the Idaho state historical society. Said board of trustees may require, as a condition to such consent, that such portion of such relics, ruins, pictographs, petroglyphs, objects, specimens, artifacts, or deposits as said board of trustees shall require, shall become or remain the property of the state of Idaho. Nothing in this section shall be construed to interfere with the administrative management of relics, ruins, pictographs, petroglyphs, deposits, objects, specimens, or artifacts that have been recovered from any such sites or deposits and that are the property of any agency or institution of the government of the state of Idaho.

(2) Idaho state historical society artifacts, archival materials and historic buildings are held in trust for the people of the state of Idaho and are protected, secure, unencumbered, cared for and preserved. These collections shall not be capitalized or defined as financial assets and shall not be sold to finance debt or infrastructure.

History:

[67-4121, added 1963, ch. 181, sec. 3, p. 539; am. 2018, ch. 84, sec. 1, p. 189.]
Idaho Code § 67-6705 — Idaho Code / Title 67 / Chapter 67 / Section 67-6705
67-6705 APPOINTMENT AND TERM OF OFFICE.
Status: in_force

67-6705. Appointment and term of office. (1) Council members' terms shall be for three (3) years.

(2) The governor shall make appropriate provisions for rotation of membership on the council.

(3) A vacancy occurring in the membership of the council shall be filled by appointment of the governor for the unexpired portion of the vacated term.

(4) Members may be replaced because of poor attendance, lack of participation in the council's work, or malfeasance in office.

History:

[67-6705, added 1978, ch. 269, sec. 1, p. 620; am. 2002, ch. 113, sec. 5, p. 322.]
Idaho Code § 67-4310 — Idaho Code / Title 67 / Chapter 43 / Section 67-4310
67-4310 BOX CANYON — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE — LANDS DEVOTED TO NATURAL SCIENTIFIC STUDY AND LIMITED RECREATIONAL USE — LEGISLATIVE FINDING OF FACT CONCERNING DESIRABILITY OF PUBLIC USE OF WATER AND PRIVATE LAND WITHIN UPPER BOX CANYON — LEGISLATIVE DIRECTION FOR COOPERATION BY STATE AGENCIES TO FACILITATE NEGOTIATIONS.
Status: in_force

67-4310. Box Canyon — Appropriation of waters in trust for people — Lands devoted to natural scientific study and limited recreational use — Legislative finding of fact concerning desirability of public use of water and private land within upper Box Canyon — Legislative direction for cooperation by state agencies to facilitate negotiations. The park and recreation board is hereby authorized and directed to appropriate in trust for the people of the state of Idaho the unappropriated natural spring flow arising upon the area described as follows, to-wit:

Only that portion of the stream which is known as Box Canyon Creek, situated in the northwest quarter (NW 1/4) of section 27, township 8 south, range 14 east of the Boise Meridian; and

The east half (E 1/2) of the northeast quarter (NE 1/4), in section 28, township 8 south, range 14 east of the Boise Meridian.

The preservation of water in the area described for its scenic beauty, natural scientific study value, and limited recreational purposes necessary and desirable for all citizens of the state of Idaho is hereby declared to be a beneficial use of such water.

No fee shall be required in connection with said appropriation by the park and recreation board or the permit issued in connection therewith, but license shall issue at any time upon proof of beneficial use to which said waters are now dedicated.

The park and recreation board, or its successor, shall be deemed to be the holder of such permit, in trust for the people of the state, and the public use of the waters in the specific area herein described is declared to be of greater priority than any other use except that of domestic consumption.

It is a legislative finding of fact that the waters arising upon the above described tract within the natural channel of Box Canyon Creek and the private lands within the confines of the canyon walls are desirable for public use in connection with the preservation of the area in its present condition as a place for natural scientific studies and limited recreation for the citizens of the state of Idaho.

The state board of land commissioners is hereby authorized to adjust the boundary established by the provisions of this section by excluding from the operation of this section those lands and waters lying downstream from a point one hundred (100) feet downstream from the crest of the falls in the west half (W 1/2) of the northwest quarter (NW 1/4) of section 27, township 8 south, range 14 east, Boise Meridian, provided they are successful in negotiating with the present landowner, or his successors, those restrictive covenants deemed necessary by the board to promote the public interest for the canyon lands as well as for the waters arising within that canyon, all as declared by this section, and the state board of land commissioners is authorized to expedite the negotiations with the landowner so far as is consistent with the public interest. In order to facilitate these negotiations, all concerned state agencies, namely the department of water resources, the department of fish and game, and the department of parks and recreation are hereby instructed to cooperate with the state board of land commissioners and with the property owner as necessary to assist the orderly, factual, and amicable process of negotiation between the state board of land commissioners and the property owner.

History:

[67-4310, added I.C., sec. 67-4310, as added by 1971, ch. 207, sec. 4, p. 912, am. 1974, ch. 8, sec. 15, p. 35; am. 1982, ch. 369, sec. 1, p. 928.]
Idaho Code § 67-4212 — Idaho Code / Title 67 / Chapter 42 / Section 67-4212
67-4212 STATE PARKS AND RECREATIONAL TRAILWAYS LISTED — CONTROLLED BY PARK AND RECREATION BOARD OF THE DEPARTMENT OF PARKS AND RECREATION.
Status: in_force

67-4212. State parks and recreational trailways listed — Controlled by park and recreation board of the department of parks and recreation. The following described areas in the state of Idaho, so far as these areas are owned or controlled by the state of Idaho, and used for public, outdoor recreational purposes, are hereby declared to be Idaho state parks or recreational trailways, and they are hereby placed under the jurisdiction and control of the park and recreation board of the department of parks and recreation of the state of Idaho:

(1) Priest Lake State Park consisting of Indian Creek and Lion Head units on the east shore of Priest Lake to a depth of one thousand (1,000) feet from the shoreline in Bonner County. This park also includes Dickensheet Campground, located on Priest River downstream from Priest Lake in Bonner County.

(2) Round Lake State Park, located on the shores of Little Round Lake west of State Highway 95 in Bonner County.

(3) Farragut State Park, located near the village of Bayview, east of State Highway 95 in Kootenai County.

(4) Coeur d'Alene's Old Mission State Park, located adjacent to Interstate Highway 90 near Cataldo in Kootenai County.

(5) Mowry State Park, located on the south shore of Lake Coeur d'Alene east of U.S. Highway 95 near Worley in Kootenai County.

(6) Heyburn State Park, located on Lake Chatcolet east of U.S. Highway 95 in Benewah County.

(7) Mary Minerva McCroskey Memorial State Park, located at and near the boundary line between Latah and Benewah Counties and west of U.S. Highway 95.

(8) Dworshak State Park, consisting of the Freeman Creek and Three Meadows Group Camp areas, located on the shores of Dworshak Reservoir northeast of U.S. Highway 12, and leased from the U.S. Army Corps of Engineers.

(9) Hells Gate State Park, located on the Snake River at Lewiston, Snake River Avenue, Nez Perce County.

(10) Winchester Lake State Park, located adjacent to the city of Winchester, on Winchester Lake in Lewis County.

(11) Ponderosa State Park, constituted by all the land of the state of Idaho department of parks and recreation adjacent to Payette Lake in Valley County.

(12) Eagle Island State Park, located on Hatchery Road west of the town of Eagle in Ada County.

(13) Veterans Memorial State Park, located in the city of Boise, on State Highway 44 in Ada County.

(14) Lucky Peak State Park, constituted by all recreational areas leased to the state of Idaho on the shores of Lucky Peak Reservoir on the Boise River in Ada and Boise Counties and the Sandy Point area on the Boise River in Ada County. Discovery State Park, located approximately eight (8) miles southeast of Boise between Lucky Peak Dam and Diversion Dam on the Boise River and along State Highway 21 in Ada County.

(15) Three Island State Park, located adjacent to the City of Glenns Ferry and the Snake River, south of Interstate Highway 84 in Elmore County.

(16) Bruneau Dunes State Park, located approximately three (3) miles south of the Snake River near the town of Bruneau and east of State Highway 51 in Owyhee County.

(17) Malad Gorge State Park, located on the Malad River and south of Interstate Highway 84 in Gooding County, including the Crystal Springs, Niagara Springs, Earl M. Hardy Box Canyon Springs Nature Preserve, and Billingsley Creek state park lands located on the Snake River south of Interstate Highway 84 and east of U.S. 30 in Gooding County.

(18) City of Rocks, (one section of land within the National Reserve) located west of the Village of Almo in Cassia County.

(19) Massacre Rocks State Park, located approximately ten (10) miles west of American Falls on Interstate Highway 86 in Power County and including Register Rock.

(20) Bear Lake State Park, located on the east shoreline of Bear Lake south of U.S. Highway 30 and east of U.S. Highway 89, north of the Idaho-Utah state line in Bear Lake County. This park also includes the North Beach area.

(21) Harriman State Park, located adjacent to and east of U.S. Highway 20 in Fremont County.

(22) Henrys Lake State Park, located on the shores of Henrys Lake west of State Highway 87 in Fremont County.

(23) Lake Cascade State Park, located on the shores of Cascade Reservoir in Valley County.

(24) Lake Walcott State Park, located on the shores of Walcott Reservoir in Minidoka County.

(25) Trail of the Coeur d'Alenes Recreational Trailway, situated on the Union Pacific Railroad right-of-way running from Mullan to Harrison, Idaho.

(26) Coeur d'Alene Lake Parkway State Park, located adjacent to Coeur d'Alene Lake Drive beginning at Rutledge Trailhead and ending at Higgins Point boat launch.

(27) Glade Creek State Park, located approximately one (1) mile south of Lolo Pass along Forest Road #5670.

(28) Ashton-Tetonia Trail, situated on the Union Pacific Railroad right-of-way running from Tetonia to Ashton, Idaho.

(29) Land of the Yankee Fork State Park and historic area, situated along the Custer Motorway running from Challis to Custer, Idaho. The area includes the visitor center and museum located in Challis, the ghost towns of Custer and Bonanza, the Yankee Fork gold dredge, and cemeteries at Custer, Bonanza and Boot Hill.

(30) Castle Rocks State Park, including any department lands in Cassia County situated outside the National Reserve boundary.

History:

[67-4212, added 1957, ch. 101, sec. 1, p. 175; am. 1966 (2nd E.S.), ch. 19, sec. 2, p. 54; am. 1969, ch. 21, sec. 1, p. 42; am. 1972, ch. 65, sec. 1, p. 108; am. 1979, ch. 195, sec. 1, p. 564; am. 1990, ch. 359, sec. 1, p. 968; am. 1999, ch. 294, sec. 1, p. 741; am. 2003, ch. 278, sec. 1, p. 746; am. 2004, ch. 348, sec. 1, p. 1039.]
Idaho Code § 67-3008A — Idaho Code / Title 67 / Chapter 30 / Section 67-3008A
67-3008A SUBMISSION BY A COVERED ENTITY FOR FINGERPRINT SCREENING.
Status: in_force

67-3008A. submission by a covered entity for fingerprint screening. (1) Any private, noncriminal justice entities qualifying to participate under the national child protection act of 1993 and volunteers for children act, as amended, that serve vulnerable populations such as children, the elderly, and individuals with disabilities are authorized to submit fingerprints to the bureau for examination and for further submission, if necessary, to the federal bureau of investigation for a criminal history records check. The bureau shall be the state's sole source of fingerprint submissions to the federal bureau of investigation for applicant or licensing purposes.

(2) A qualified entity shall submit a request for fingerprint screening to the bureau for a covered individual, independent contractor, vendor employee, or volunteer of the qualified entity who has supervised or unsupervised access to children, the elderly, or individuals with disabilities for eligibility screening of any state criminal history records and for forwarding to the federal bureau of investigation for its report on the criminal history of that person.

(3) The bureau shall provide written notification to any person being screened regarding the right of the person to obtain a copy of his background screening report, including without limitation any records of criminal history contained in the report, to appeal the results of the background screening report, to challenge the accuracy and completeness of any information contained therein, and to obtain a determination as to the validity of such a challenge before the qualified entity makes a final determination as to the fitness of the person to have responsibility for the safety and well-being of vulnerable populations.

(4) A request submitted pursuant to subsection (2) of this section shall be accompanied by the payment of a fee to the bureau as authorized by section 67-3010, Idaho Code, plus the amount prescribed by the federal bureau of investigation for its report on the criminal history of the person in accordance with the provisions of 34 U.S.C. 40102(e).

(5) After a request is submitted pursuant to subsection (2) of this section, the bureau shall provide directly to the qualified entity:

(a) Any records of criminal history of the person being screened that are not otherwise confidential pursuant to applicable statute or law; and

(b) Any records of criminal history of the person being screened that were received from the federal bureau of investigation. Any records of criminal history obtained shall be available for qualified entities to use only for the purpose of screening covered individuals, independent contractors, vendor employees, or volunteers of the qualified entity who have supervised or unsupervised access to vulnerable populations.

(6) Determination as to the fitness of a person to have responsibility for the safety and well-being of vulnerable populations shall be the sole responsibility of the qualified entity that submitted the request for screening.

(7) The bureau may audit any qualified entity that submits a request for screening pursuant to subsection (2) of this section to ensure compliance with all applicable state and federal laws. Each qualified entity shall maintain all signed waivers allowing such requests for the purpose of an audit for at least one (1) audit cycle or for as long as the screened individual is employed by or volunteers for the qualified entity, whichever is greater.

(8) As used in this section:

(a) "Covered individual" means an individual who has, seeks to have, or may have access to children, the elderly, or individuals with disabilities served by a qualified entity and:

(i) Is employed by, volunteers with, or seeks to be employed by or volunteer with a qualified entity;

(ii) Owns or operates, or seeks to own or operate, a qualified entity; or

(iii) Is an independent contractor or vendor working or volunteering in the same capacity as an employee or volunteer of a qualified entity.

(b) "Qualified entity" means a business or organization, whether public, private, for-profit, not-for-profit, or volunteer, that meets the qualifications to participate in criminal history records screening pursuant to P.L. 103-209, the national child protection act of 1993, as amended, and 28 CFR 105, subpart D, the child protection improvements act.

History:

[67-3008A, added 2026, ch. 77, sec. 2, p. 321.]
Idaho Code § 67-2011 — Idaho Code / Title 67 / Chapter 20 / Section 67-2011
67-2011 SERVICES — VOUCHERS FOR.
Status: in_force

67-2011. Services — Vouchers for. Vouchers submitted for services other than the payment of salaries, fixed by law must set forth the particular service rendered, the rate of pay, and the total amount due. Where the voucher covers separate noncontinuous services each item must be separately stated. Such vouchers must contain a certificate from the head of the department or institution to the effect that the services were necessary in the public service, that they were actually rendered as charged, and that the account is correct and just.

History:

[(67-2011) R.C., sec. 145e, as added by 1913, ch. 15, sec. 3, p. 56; reen. C.L. 11:7; C.S., sec. 236; am. 1927, ch. 201, sec. 5, p. 279; I.C.A., sec. 65-2010; am. 1972, ch. 406, sec. 3, p. 1191.]
Idaho Code § 67-8203 — Idaho Code / Title 67 / Chapter 82 / Section 67-8203
67-8203 DEFINITIONS.
Status: in_force

67-8203. Definitions. As used in this chapter:

(1) "Affordable housing" means housing affordable to families whose incomes do not exceed eighty percent (80%) of the median income for the service area or areas within the jurisdiction of the governmental entity.

(2) "Appropriate" means to legally obligate by contract or otherwise commit to use by appropriation or other official act of a governmental entity.

(3) "Capital improvements" means improvements with a useful life of ten (10) years or more, by new construction or other action, which increase the service capacity of a public facility.

(4) "Capital improvement element" means a component of a comprehensive plan adopted pursuant to chapter 65, title 67, Idaho Code, which component meets the requirements of a capital improvements plan pursuant to this chapter.

(5) "Capital improvements plan" means a plan adopted pursuant to this chapter that identifies capital improvements for which development impact fees may be used as a funding source.

(6) "Developer" means any person or legal entity undertaking development, including a party that undertakes the subdivision of property pursuant to sections 50-1301 through 50-1334, Idaho Code.

(7) "Development" means any construction or installation of a building or structure, or any change in use of a building or structure, or any change in the use, character or appearance of land, which creates additional demand and need for public facilities or the subdivision of property that would permit any change in the use, character or appearance of land. As used in this chapter, "development" shall not include activities that would otherwise be subject to payment of the development impact fee if such activities are undertaken by a taxing district, as defined in section 63-201, Idaho Code, or by an authorized public charter school, as defined in section 33-5202A, Idaho Code, in the course of carrying out its statutory responsibilities, unless the adopted impact fee ordinance expressly includes taxing districts or public charter schools as being subject to development impact fees.

(8) "Development approval" means any written authorization from a governmental entity that authorizes the commencement of a development.

(9) "Development impact fee" means a payment of money imposed as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve development. This term is also referred to as an impact fee in this chapter. The term does not include the following:

(a) A charge or fee to pay the administrative, plan review, or inspection costs associated with permits required for development;

(b) Connection or hookup charges;

(c) Availability charges for drainage, sewer, water, or transportation charges for services provided directly to the development; or

(d) Amounts collected from a developer in a transaction in which the governmental entity has incurred expenses in constructing capital improvements for the development if the owner or developer has agreed to be financially responsible for the construction or installation of the capital improvements, unless a written agreement is made pursuant to section 67-8209(3), Idaho Code, for credit or reimbursement.

(10) "Development requirement" means a requirement attached to a developmental approval or other governmental action approving or authorizing a particular development project including, but not limited to, a rezoning, which requirement compels the payment, dedication or contribution of goods, services, land, or money as a condition of approval.

(11) "Extraordinary costs" means those costs incurred as a result of an extraordinary impact.

(12) "Extraordinary impact" means an impact that is reasonably determined by the governmental entity to:

(a) Result in the need for system improvements, the cost of which will significantly exceed the sum of the development impact fees to be generated from the project or the sum agreed to be paid pursuant to a development agreement as allowed by section 67-8214(2), Idaho Code; or

(b) Result in the need for system improvements that are not identified in the capital improvements plan.

(13) "Fee payer" means that person who pays or is required to pay a development impact fee.

(14) "Governmental entity" means cities, counties, single countywide highway districts, fire protection districts, and ambulance service districts that are each empowered in this enabling legislation to adopt a development impact fee ordinance.

(15) "Impact fee." See development impact fee.

(16) "Land use assumptions" means a description of the service area and projections of land uses, densities, intensities, and population in the service area over at least a twenty (20) year period.

(17) "Level of service" means a measure of the relationship between service capacity and service demand for public facilities.

(18) "Manufactured home" means a structure, constructed according to HUD/FHA mobile home construction and safety standards, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) feet or more in width or is forty (40) body feet or more in length, or when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, except that such term shall include any structure that meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under 42 U.S.C. 5401 et seq.

(19) "Modular building" is as defined in section 39-4301, Idaho Code.

(20) "Present value" means the total current monetary value of past, present, or future payments, contributions or dedications of goods, services, materials, construction or money.

(21) "Project" means a particular development on an identified parcel of land.

(22) "Project improvements" means site improvements and facilities that are planned and designed to provide service for a particular development project and that are necessary for the use and convenience of the occupants or users of the project.

(23) "Proportionate share" means that portion of the cost of system improvements determined pursuant to section 67-8207, Idaho Code, which reasonably relates to the service demands and needs of the project.

(24) "Public facilities" means:

(a) Water supply production, treatment, storage and distribution facilities;

(b) Wastewater collection, treatment and disposal facilities;

(c) Roads, streets and bridges, including rights-of-way, traffic signals, landscaping and any local components of state or federal highways;

(d) Stormwater collection, retention, detention, treatment and disposal facilities, flood control facilities, and bank and shore protection and enhancement improvements;

(e) Parks, open space and recreation areas, and related capital improvements; and

(f) Public safety facilities, including law enforcement, fire stations and apparatus, emergency medical and rescue, and street lighting facilities.

(25) "Recreational vehicle" means a vehicular type unit primarily designed as temporary quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle.

(26) "Service area" means any defined geographic area identified by a governmental entity or by intergovernmental agreement in which specific public facilities provide service to development within the area defined, on the basis of sound planning or engineering principles or both.

(27) "Service unit" means a standardized measure of consumption, use, generation or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements.

(28) "System improvements," in contrast to project improvements, means capital improvements to public facilities designed to provide service to a service area including, without limitation, the type of improvements described in section 50-1703, Idaho Code.

(29) "System improvement costs" means costs incurred for construction or reconstruction of system improvements, including design, acquisition, engineering and other costs attributable thereto, and also including, without limitation, the type of costs described in section 50-1702(h), Idaho Code, to provide additional public facilities needed to serve new growth and development. For clarification, system improvement costs do not include:

(a) Construction, acquisition or expansion of public facilities other than capital improvements identified in the capital improvements plan;

(b) Repair, operation or maintenance of existing or new capital improvements;

(c) Upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;

(d) Upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;

(e) Administrative and operating costs of the governmental entity unless such costs are attributable to development of the capital improvements plan, as provided in section 67-8208, Idaho Code; or

(f) Principal payments and interest or other finance charges on bonds or other indebtedness except financial obligations issued by or on behalf of the governmental entity to finance capital improvements identified in the capital improvements plan.

History:

[67-8203, added 1992, ch. 282, sec. 1, p. 861; am. 1996, ch. 366, sec. 1, p. 1226; am. 2002, ch. 347, sec. 1, p. 983; am. 2007, ch. 252, sec. 16, p. 753; am. 2008, ch. 389, sec. 1, p. 1068; am. 2019, ch. 70, sec. 1, p. 164; am. 2021, ch. 199, sec. 1, p. 546; am. 2026, ch. 203, sec. 1, p. 878.]
Idaho Code § 67-5244 — Idaho Code / Title 67 / Chapter 52 / Section 67-5244
67-5244 REVIEW OF RECOMMENDED ORDERS.
Status: in_force

67-5244. Review of recommended orders. (1) A recommended order shall include a statement of the schedule for consideration of that order by the agency head or his designee. The agency head shall allow all parties to request review of the recommended order, to present briefs on the issues, and may allow all parties to participate in oral argument.

(2) Unless otherwise required, the agency head shall either:

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

(b) remand the matter for additional hearings; or

(c) hold additional hearings.

(3) The agency head on review of the recommended decision shall exercise all the decision-making power that he would have had if the agency head had presided over the hearing.

History:

[67-5244, added 1992, ch. 263, sec. 28, p. 804; am. 2025, ch. 151, sec. 13, p. 746.]
Idaho Code § 67-455A — Idaho Code / Title 67 / Chapter 4 / Section 67-455A
67-455A COMMITTEE MAY ACQUIRE AND DISPOSE OF PROPERTY.
Status: in_force

67-455A. Committee may acquire and dispose of property. (1) The governor's housing committee may accept grants, gifts or donations of any kind from any private or public source related to the acquisition, construction, remodel, furnishing, equipping or maintenance of a governor's residence.

(2) The governor's housing committee may acquire real property for purposes related to a governor's residence. Any real property acquired by the governor's housing committee shall be titled in the name of the state of Idaho for the benefit of the governor's housing committee and shall be administered by the department of administration on behalf of and for the benefit of the governor's housing committee. The governor's housing committee may sell such real property by public, private or negotiated sale, exchange, donation or by any other means and may rent a governor's residence and any furnishings and equipment related thereto, as the committee may deem appropriate and prudent. Any real property acquired hereunder shall not be subject to sections 58-331 through 58-335, Idaho Code, relating to surplus real property as the same may now exist or as the same may be amended from time to time. Any sale or disposal of such real property shall not require the reservation to the state of mineral or other rights in the real property.

(3) The governor's housing committee may acquire personal property for the purpose of remodeling, furnishing, equipping or maintaining a governor's residence. Any personal property acquired by the governor's housing committee shall be the property of the state of Idaho held for the benefit of the governor's housing committee and shall be administered on behalf of the governor's housing committee by the department of administration. The governor's housing committee may dispose of any personal property acquired hereunder by any means as the committee may deem appropriate and prudent and such disposal shall not be subject to section 67-5732A, Idaho Code, relating to surplus personal property, as the same exists or may be amended from time to time.

(4) The governor's housing committee may acquire and contract for services related to the acquisition, construction, remodel, furnishing, equipping or maintenance of a governor's residence. Notwithstanding any other law to the contrary, the acquisition, construction, remodel, furnishing, equipping or maintenance of a governor's residence shall not be considered public works and shall not be subject to any laws related to public works of the state of Idaho. Notwithstanding any other law to the contrary, the governor's housing committee shall not be subject to the state procurement act provided in chapter 92, title 67, Idaho Code.

(5) Notwithstanding the provisions of sections 18-1359(1)(d), 18-2705, 58-112, 74-501, 74-503 and 67-9230, Idaho Code, or any other provision of law, an incumbent governor shall not be deemed prohibited from purchasing real or personal property acquired hereunder, and any such purchase shall be valid for all purposes. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general, specific or local, the provisions of this section shall be controlling.

(6) This section shall apply to all real and personal property acquired pursuant to this section or section 67-455, Idaho Code, before or after the effective date of this section.

History:

[67-455A, added 1999, ch. 336, sec. 2, p. 913; am. 2015, ch. 141, sec. 165, p. 510; am. 2016, ch. 289, sec. 14, p. 813.]
Idaho Code § 67-6628 — Idaho Code / Title 67 / Chapter 66 / Section 67-6628
67-6628 ELECTIONEERING COMMUNICATIONS — STATEMENTS.
Status: in_force

67-6628. Electioneering communications — Statements. (1) Any person who conducts or transmits any electioneering communication shall be required to file a statement on a form provided by the secretary of state. Contents of the statement shall include the amount spent on such communications, the name and address of the person, and the names and addresses of any persons who contribute fifty dollars ($50.00) or more to any person described in this section.

(2) Any person that incurs costs in excess of one hundred dollars ($100) when making an electioneering communication shall file a statement in accordance with the time limits established by section 67-6611(2), Idaho Code.

(3) In addition to the requirements of subsection (2) of this section, any person that incurs costs of one thousand dollars ($1,000) or more when making an electioneering communication shall file a statement as provided in subsection (1) of this section within forty-eight (48) hours of incurring the costs for such communication.

History:

[(67-6628) 67-6630, added 2005, ch. 254, sec. 2, p. 780; am. and redesig. 2017, ch. 142, sec. 8, p. 339.]
Idaho Code § 67-404 — Idaho Code / Title 67 / Chapter 4 / Section 67-404
67-404 SESSIONS OF LEGISLATURE.
Status: in_force

67-404. Sessions of legislature. At the hour of twelve o'clock M. on the Monday on or nearest the ninth day in January the regular session of the legislature shall be convened. The presiding officer must call the same to order and preside. Neither house must transact any business, but must adjourn from day to day, until a majority of all the members authorized by law to be elected are present. Each legislature shall have a term of two (2) years, commencing on December 1 next following the general election, and shall consist of a "First Regular Session" which shall meet in the odd-numbered years and a "Second Regular Session" which shall meet in the even-numbered years and any extraordinary session or sessions which may be called as provided by law.

History:

[(67-404) R.S., sec. 122; compiled and reen. R.C., sec. 36; reen. C.L., sec. 36; C.S., sec. 78; I.C.A., sec. 65-404; am. 1970, ch. 33, sec. 1, p. 70; am. 1975, ch. 194, sec. 1, p. 539; am. 1976, ch. 75, sec. 1, p. 246.]
Idaho Code § 67-5009 — Idaho Code / Title 67 / Chapter 50 / Section 67-5009
67-5009 OFFICE OF OMBUDSMAN FOR THE ELDERLY.
Status: in_force

67-5009. Office of ombudsman for the elderly. The office of ombudsman for the elderly is hereby created within the commission. The ombudsman shall be able to independently make determinations and establish positions of the office without necessarily representing the determinations or positions of the commission. The ombudsman shall be responsible for receiving, investigating and resolving or closing complaints made by or on behalf of residents of long-term care facilities or persons aged sixty (60) years or older living in the community. No representative of the office shall be liable for the good faith performance of official duties, and willful interference with representatives of the office is unlawful. Long-term care facilities are prohibited from interference, reprisals or retaliation against a resident, employee or other person filing a complaint with, or furnishing information to, the office.

For the purposes of implementing the provisions of this section, the commission is hereby authorized as follows:

The administrator shall hire the state ombudsman for the elderly who shall be a person with the necessary educational background commensurate with the duties and responsibilities of the office of ombudsman and shall be a classified employee subject to the provisions of chapter 53, title 67, Idaho Code.

The ombudsman may delegate to designated local ombudsmen any duties deemed necessary to carry out the purposes of the provisions of this section.

The ombudsman shall establish procedures for receiving and processing complaints, conducting investigations and reporting his findings. He shall have jurisdiction to investigate administrative acts or omissions of long-term care facilities or state or county departments or agencies providing services to older people. An administrative act of a long-term care facility or state or county department or agency may become an appropriate subject for the ombudsman to investigate under certain circumstances. For example, the ombudsman may investigate such an act if it might be contrary to law, unreasonable, unfair, oppressive, capricious or discriminatory. The ombudsman may make a finding for an appropriate resolution to the subject matter of the investigation.

The ombudsman shall investigate any complaint that he determines to be an appropriate subject for investigation under this section and will work to resolve the complaint to the satisfaction of the resident or the resident's representative.

In an investigation of any complaint or administrative act of any long-term care facility or state or county department or agency providing services to older people, the ombudsman may undertake, but not be limited to, any of the following actions:

(a) Make the necessary inquiries and obtain such information he deems necessary.

(b) Hold private hearings.

(c) Enter during regular business hours, a state or county department or agency's premises, or enter at any time a long-term care facility.

Following the investigation and upon his determination that particular subject matter should be further considered by the long-term care facility or state or county department or agency, an administrative act should be modified or canceled, a statute or regulation on which an administrative act is based should be altered, reasons should be given for an administrative act, or some other action should be taken by a long-term care facility or state or county department or agency, he shall report his opinions and recommendations to the respective parties. The ombudsman may request the parties affected by such opinions or recommendations to notify him within the specified time of any action taken by such parties on his recommendation.

The ombudsman shall notify, in writing or verbally, the resident or the resident's representative within a reasonable time from the date the investigation is terminated of any actions taken by him and the long-term care facility, or state or county department or agency to resolve any issues raised by the complaint.

The ombudsman, on December 1 of each year, shall submit to the governor, the speaker of the house, president of the senate, the department of health and welfare division of licensing and certification, the president of the Idaho hospital association and the president of the Idaho health care association a report of the activities of the ombudsman for the elderly during the prior fiscal year. This report shall include, but not be limited to, the number and general patterns of complaints received by the ombudsman, the action taken on such complaints, the results of such action, and any opinions or recommendations which further the state's capability in providing for statutory resolution of complaints.

Nothing in this section shall be construed to be a limitation of the powers and responsibilities assigned by law to other state or county departments or agencies.

Records obtained by the ombudsman shall be subject to disclosure according to chapter 1, title 74, Idaho Code.

History:

[67-5009, added 1988, ch. 263, sec. 1, p. 517; am. 1990, ch. 213, sec. 96, p. 556; am. 1995, ch. 189, sec. 5, p. 679; am. 1999, ch. 13, sec. 4, p. 20; am. 2001, ch. 87, sec. 2, p. 223; am. 2015, ch. 141, sec. 174, p. 516; am. 2018, ch. 56, sec. 2, p. 143.]
Idaho Code § 67-6204 — Idaho Code / Title 67 / Chapter 62 / Section 67-6204
67-6204 VICE-CHAIRMAN, EXECUTIVE DIRECTOR AND OTHER PERSONNEL — APPOINTMENTS — QUORUM.
Status: in_force

67-6204. Vice-chairman, executive director and other personnel — Appointments — Quorum. As soon as possible after their appointment, the commissioners shall organize for the transaction of business by choosing a vice-chairman and by adopting bylaws and rules suitable to the purpose of organizing the association and conducting the business thereof. The powers of the association shall be vested in the commissioners thereof. A majority of the commissioners of the association then in office shall constitute a quorum for the transaction of any business or the exercise of any power or function of the association, and the affirmative vote of a majority of the commissioners present at any meeting, at which there is a quorum present, shall be necessary for any action taken by the association. The commissioners may hold any of their meetings by telephone or video facilities. No vacancy in the membership of the association shall impair the right of a quorum to exercise all the rights and perform all the duties of the association. The commissioners shall appoint an executive director, who shall serve at the pleasure of the association, and such other officers and employees as they may require for the performance of their duties and shall prescribe the duties and compensation of each officer and employee.

History:

[67-6204, added 1972, ch. 324, sec. 4, p. 789; am. 1974, ch. 104, sec. 4, p. 1210; am. 1989, ch. 423, sec. 2, p. 1035; am. 1996, ch. 253, sec. 3, p. 804.]
Idaho Code § 67-4232 — Idaho Code / Title 67 / Chapter 42 / Section 67-4232
67-4232 RECREATION TRAILS SYSTEM — DEFINITIONS.
Status: in_force

67-4232. Recreation trails system — Definitions. As used in this act, the following terms have the following meanings:

(a) "System" means the network of trails and trail segments, together with their right of ways, designated by the procedures described in this act;

(b) "Trails" mean a corridor or route for nonmotorized travel;

(c) "Local governments" mean counties, cities, school districts, special districts, and other municipal or political corporations of the state of Idaho;

(d) "Department" means the Idaho state parks and recreation department; and

(e) "Board" means the Idaho parks and recreation board.

History:

[67-4232, added I.C., sec. 67-4232, as added by 1974, ch. 300, sec. 4, p. 1763.]
Idaho Code § 67-5253 — Idaho Code / Title 67 / Chapter 52 / Section 67-5253
67-5253 EX PARTE COMMUNICATIONS.
Status: in_force

67-5253. Ex parte communications. Unless required for the disposition of ex parte matters specifically authorized by statute, a presiding officer serving in a contested case shall not communicate, directly or indirectly, regarding any substantive issue in the proceeding, with any party, except upon notice and opportunity for all parties to participate in the communication.

History:

[(67-5253) 1965, ch. 273, sec. 13, p. 701; am. and redesignated 1992, ch. 263, sec. 38, p. 810.]
Idaho Code § 67-105 — Idaho Code / Title 67 / Chapter 1 / Section 67-105
67-105 EMERGENCY TEMPORARY LOCATION OF LOCAL GOVERNMENTS.
Status: in_force

67-105. Emergency temporary location of local governments. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision of this state may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two (2) members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and may be within or without this state.

History:

[67-105, added 1961 (E.S.), ch. 3, sec. 4, p. 18.]
Idaho Code § 67-8710 — Idaho Code / Title 67 / Chapter 87 / Section 67-8710
67-8710 ISSUANCE OF BONDS — FORM OF ISSUANCE — SALE PRICE — PAYMENT OR REFUNDING OF BONDS — TERMS OF AGREEMENT WITH BONDHOLDER.
Status: in_force

67-8710. Issuance of bonds — Form of issuance — Sale price — Payment or refunding of bonds — Terms of agreement with bondholder. (1) The authority may issue its bonds from time to time in principal amounts that it considers necessary to provide funds for any purpose under this chapter, including, without limitations, to purchase municipal bonds, to fund reserves or to pay costs of issuance, refunding, including redemption premium, credit enhancement, or other matters related to the purpose, structure or marketing of the bonds.

(2) Bonds shall be authorized by resolution of the authority and shall bear the date, mature at the time or times, bear interest at the rate or rates of fixed or variable interest, payable at the times, be in the denominations, be in the forms, carry the conversion or registration privileges, have the rank or priority, be executed in the manner, be payable from the sources in the medium of payment at the place or places inside or outside the state, and be subject to the terms of redemption, with or without premium, rights of holders to tender for purchase and other terms and conditions as the resolution of the authority provides.

(3) Bonds of the authority may be issued in one (1) or more series.

(4) Bonds of the authority may be sold at public or private sale at the price or prices the authority determines.

(5) The authority may, from time to time, issue its bonds under this chapter and pay and retire, or fund or refund previously issued bonds from proceeds of refunding bonds, or from other funds or money of the authority available for that purpose.

(6) By resolution, the authority may authorize entering into an indenture or trust agreement with a corporate trustee located within or outside the state in order:

(a) To provide for the issuance of the bonds with such terms, including without limitation those terms referred to in subsection (2) of this section, as the authority may determine;

(b) To pledge or assign to the trustee for the benefit of holders of the bonds all or any part of the proceeds of the bonds, any municipal bonds purchased from municipalities or other sellers, any other assets or revenues of or received by or pledged to the authority, and the income or other proceeds from any or all of the foregoing;

(c) To provide for the establishment of reserves and any other funds or accounts that the authority determines to be necessary or appropriate, in addition to or in lieu of the reserve fund established pursuant to section 67-8713, Idaho Code, which will secure all bonds issued by the authority unless the resolution of the authority providing for issuance of the bonds provides otherwise;

(d) To provide for the custody, safekeeping and enforcement of the municipal bonds acquired;

(e) To provide for the right to sell or otherwise dispose of property of any kind, including municipal bonds;

(f) To provide for the investment of bond proceeds or other moneys held by the trustee in such securities or obligations as may be described in the indenture or trust agreement;

(g) To provide for amending the indenture or trust agreement, with or without the consent of the holders of the bonds;

(h) To provide for the replacement of lost, stolen, destroyed or mutilated bonds;

(i) To provide for the issuance or limitations on issuance of additional bonds;

(j) To provide for the rights, liabilities, powers and duties arising upon the breach of any covenant, condition or obligation, to limit the rights of bondholders to enforce covenants, conditions or obligations, and to prescribe the events of default and the terms and conditions upon which any or all of the bonds become or may be declared due and payable before maturity, and the terms and conditions upon which the declaration and its consequences may be waived;

(k) To appoint and to provide for the duties and obligations of a paying agent or agents or other fiduciaries inside or outside the state;

(l) To make covenants to do or refrain from doing acts, including to enter into any contract, and to provide any other terms and conditions which the authority may determine to be necessary or appropriate in order to better secure the bonds or improve their marketability; and

(m) To intercept certain payments, and to impose interest and penalties, as provided in section 67-8725, Idaho Code.

History:

[67-8710, added 2001, ch. 130, sec. 1, p. 455; am. 2002, ch. 148, sec. 2, p. 427; am. 2005, ch. 389, sec. 3, p. 1251.]
Idaho Code § 67-7419 — Idaho Code / Title 67 / Chapter 74 / Section 67-7419
67-7419 LOTTERY GAME RETAILER PAYMENTS.
Status: in_force

67-7419. Lottery game retailer payments. No payment by lottery game retailers to the state lottery for tickets or shares shall be in cash. All such payments shall be in the form of a check, bank draft, electronic fund transfer, or other recorded financial instrument as prescribed by commission rule. The director may require lottery game retailers to deposit to the credit of the state lottery, in financial institutions designated by the director, money received by lottery game retailers from sale of tickets and/or shares, less the amount of compensation, if any, authorized under section 67-7414, Idaho Code, and to file with the state lottery reports of receipts and transactions in the sale of tickets in the form and containing the information the commission requires.

History:

[67-7419, added 1988, ch. 232, sec. 2, p. 453; am. 1989, ch. 352, sec. 8, p. 886.]
Idaho Code § 67-7439 — Idaho Code / Title 67 / Chapter 74 / Section 67-7439
67-7439 TAXES.
Status: in_force

67-7439. Taxes. Income taxes shall only be imposed on lottery prizes received from lottery tickets purchased after the effective date of this act. Lottery prizes awarded by the Idaho state lottery under six hundred dollars ($600) shall not be subject to the state income tax. No taxes of any kind whatsoever shall be imposed upon the sale, purchase, storage, use or other consumption of Idaho lottery tickets or shares, or upon equipment, devices or systems directly used in the production, operation, sales, distribution, tracking, drawing, accounting, communication of or computation of lottery games.

The state lottery shall pay to a city, county, the state or any political subdivision or municipality thereof in which the state lottery occupies a premises owned by the state a grant not to exceed the amount that would be payable as taxes on the property in that year, if the property were not exempt from taxation.

History:

[67-7439, added 1988, ch. 232, sec. 2, p. 458; am. 1989, ch. 352, sec. 23, p. 891; am. 1997, ch. 382, sec. 2, p. 1238; am. 1998, ch. 51, sec. 5, p. 205.]
Idaho Code § 67-7602B — Idaho Code / Title 67 / Chapter 76 / Section 67-7602B
67-7602B FUNDING.
Status: in_force

67-7602B. Funding. The Idaho heritage trust shall receive funds collected pursuant to section 49-416A, Idaho Code. The role of the heritage trust is to accept proposals from the public requesting funds for heritage preservation projects. The proposals are evaluated on established criteria, and if in the opinion of the heritage trust they qualify, a grant may be awarded subject to the availability of funds. [(1)]

History:

[67-7602B, added 1992, ch. 256, sec. 3, p. 743; am. 2026, ch. 223, sec. 5, p. 999; am. 2026, ch. 251, sec. 33, p. 1088.]
Idaho Code § 67-4741 — Idaho Code / Title 67 / Chapter 47 / Section 67-4741
67-4741 APPLICANT'S ANNUAL REPORTING PROCEDURE.
Status: in_force

67-4741. APPLICANT'S ANNUAL REPORTING PROCEDURE. (1) On an annual basis during the term of the project, the applicant shall submit to the department reporting information outlined in the agreement that shall include, but not be limited to, the following:

(a) Supporting documentation of the new state revenues from the applicant's new project that were paid during the preceding tax year;

(b) Supporting documentation of the new jobs that were created during the preceding tax year;

(c) A document that expressly directs and authorizes the tax commission and department of labor to allow the department access to the applicant's returns and other information that may be necessary to verify or otherwise confirm the declared new state revenues;

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

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

(f) Supporting documentation that the business entity has satisfied the measurements and requirements outlined in the agreement.

(2) If, after review and audit of the information provided by the applicant, or after review of the ongoing performance of the applicant, the department determines that the information is inadequate to provide a reasonable justification for authorizing or continuing a tax credit, the department shall:

(a) Deny the tax credit for such tax year;

(b) Terminate the agreement for failure to meet the performance standards established in the agreement; or

(c) Inform the applicant that the returns or other information are inadequate and request the applicant to submit additional documentation.

(3) If, after review and/or audit of the information provided by the applicant, the department determines that the information provided by the applicant provides reasonable justification for authorizing a tax credit, the department shall, based upon the returns and other information:

(a) Determine the amount of the tax credit to be granted to the applicant, which amount shall be the lowest approved percentage that will incentivize creation of new jobs and new state revenue;

(b) Issue a tax credit authorization to the applicant; and

(c) Provide a duplicate copy of the tax credit authorization to the tax commission.

(4) No applicant may claim a tax credit unless the applicant has a tax credit authorization issued by the department. An applicant may claim a tax credit in the amount listed on the tax credit authorization on its tax return.

History:

[67-4741, added 2014, ch. 336, sec. 1, p. 832; am. 2015, ch. 200, sec. 4, p. 613.]
Idaho Code § 67-5737 — Idaho Code / Title 67 / Chapter 57 / Section 67-5737
67-5737 SEVERABILITY.
Status: in_force

67-5737. Severability. Insofar as a provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.

History:

[67-5737, added 1975, ch. 254, sec. 2, p. 686; am. 2016, ch. 289, sec. 18, p. 819.]
Idaho Code § 67-4909 — Idaho Code / Title 67 / Chapter 49 / Section 67-4909
67-4909 ORGANIZATION OF BOARD — ACCOUNTS OF TREASURER — COMPENSATION OF MEMBERS — ANNUAL AUDIT — REMOVAL OF DIRECTORS.
Status: in_force

67-4909. Organization of board — Accounts of treasurer — Compensation of members — Annual audit — Removal of directors. After taking oath and filing bonds, the board shall choose one (1) of its members as chairman of the board and president of the district, and shall elect a secretary and a treasurer of the board and of the district, who may or may not be members of the board. The secretary and the treasurer may be one (1) person. Such board shall adopt a seal and the secretary shall keep, in a well-bound book, a record of all its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts which shall be open to inspection to all interested parties.

The treasurer shall keep strict and accurate accounts of all money received by and disbursed for and on behalf of the district, in permanent records. He shall file with the clerk of the court, at the expense of the district, a corporate fidelity bond in an amount not less than five thousand dollars ($5,000), conditioned on the faithful performance of the duties of his office.

Each member of the board shall receive as compensation for his service a sum not in excess of sixty dollars ($60.00) per annum. No member of the board shall receive any compensation as an employee of the district or otherwise, other than that herein provided and no member of the board shall be interested in any contract or transaction with the district except in his official representative capacity.

It shall be the duty of the board of directors to cause an audit to be made of all financial affairs of the district during each year ending November 30th as required in section 67-450B, Idaho Code.

The court having jurisdiction of the district shall have the power to remove directors for cause shown, on petition, notice and hearing.

History:

[67-4909, added 1959, ch. 137, sec. 9, p. 299; am. 1987, ch. 70, sec. 2, p. 132; am. 1992, ch. 15, sec. 1, p. 39; am. 1993, ch. 387, sec. 16, p. 1435.]
Idaho Code § 67-5910 — Idaho Code / Title 67 / Chapter 59 / Section 67-5910
67-5910 LIMITATIONS.
Status: in_force

67-5910. Limitations. (1) This chapter does not apply to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by the corporation, association, or society of its religious activities.

(2) It is not a discriminatory practice:

(a) For an employer to employ an employee, or an employment agency to classify or refer for employment an individual, for a labor organization to classify its membership or to classify or refer for employment an individual, or for an employer, labor organization, or joint labor-management committee controlling an apprenticeship or other training or retraining program, on the basis of his religion, sex, national origin, or age if religion, sex, national origin, or age is a bona fide occupational qualification reasonably necessary to the normal operation of the business or enterprise, or

(b) For an employer, employment agency, or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of this chapter, except that no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit involuntary retirement of any individual specified in subsection (9) of this section because of the age of such individual; however, the prohibition against age discrimination contained in this chapter shall not be construed to prohibit compulsory retirement if such retirement is permitted under the terms of 29 U.S.C., section 631(c)(1) and (2), or

(c) For a religious educational institution or an educational organization to limit employment or give preference to members of the same religion, or

(d) For an employer, employment agency, or labor organization to discriminate against a person with a disability which, under the circumstances, poses a direct threat to the health or safety of the person with a disability or others. The burden of proving this defense is upon the employer, labor organization, or employment agency.

(3) Nothing in this chapter shall require a person who owns, leases or operates a place of public accommodation, to permit an individual with a disability to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such place of public accommodation, where such individual poses a direct threat to the health or safety of others. The burden of proving this defense is upon the person who owns, leases or operates a place of public accommodation.

(4) This chapter does not apply to a private club, or other establishment not in fact open to the public, except to the extent that the goods, services, facilities, privileges, advantages or accommodations of the establishment are made available to the customers or patrons of another establishment that is a place of public accommodation.

(5) The provisions of section 67-5909(6), Idaho Code, do not apply to:

(a) Any agency of or any governmental entity within the state; or

(b) Religious organizations or entities controlled by religious organizations, including places of worship.

(6) Notwithstanding any other provisions of this chapter, it is not a discriminatory practice for:

(a) A religious educational institution or an educational institution operated, supervised, or controlled by a religious institution or organization to limit admission or give preference to applicants of the same religion, or

(b) An educational institution to accept and administer an inter vivos or testamentary gift upon the terms and conditions prescribed by the donor.

(7) The provisions of section 67-5909(8), Idaho Code, do not apply:

(a) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the lessor or a member of his family resides in one (1) of the housing accommodations, or

(b) To the rental of a room or rooms in a housing accommodation by an individual if he or a member of his family resides therein.

(8) It is not a discriminatory practice for a religious institution or organization or a charitable or educational organization operated, supervised or controlled by a religious institution or organization to give preference to members of the same religion in a real property transaction.

(9) The prohibitions against discrimination based on age contained in this chapter shall be limited to individuals who are at least forty (40) years of age.

History:

[67-5910, added 1969, ch. 459, sec. 10, p. 1277; am. 1982, ch. 83, sec. 4, p. 155; am. 1988, ch.28, sec. 1, p. 35; am. 1988, ch. 225, sec. 4, p. 437; am. 1994, ch. 268, sec. 4, p. 830; am. 2005, ch. 278, sec. 5, p. 875.]
Idaho Code § 67-9230 — Idaho Code / Title 67 / Chapter 92 / Section 67-9230
67-9230 PROHIBITIONS.
Status: in_force

67-9230. prohibitions. (1) No contract or any interest therein shall be transferred by the contractor to whom such contract is given to any other party without approval in writing by the administrator and by the board of examiners pursuant to section 67-1027, Idaho Code. Transfer of a contract without approval shall cause the annulment of the contract so transferred, at the option of the state. All rights of action, however, for any breach of such contract by the contracting parties are reserved to the state.

(2) No member of the legislature or any officer or employee of any branch of the state government shall directly, himself, or by any other person in trust for him or for his use or benefit or on his account, undertake, execute, hold or enjoy, in whole or in part, any contract made or entered into by or on behalf of the state of Idaho, if made by, through, or on behalf of the department in which he is an officer or employee; or if made by, through or on behalf of any other department unless the same is made after competitive bids.

(3) Except as provided in this chapter, no officer or employee shall influence or attempt to influence the award of a contract to a particular vendor, or to deprive or attempt to deprive any vendor of a contract.

(4) No officer or employee shall conspire with a vendor or its agent, and no vendor or its agent shall conspire with an officer or employee, to influence or attempt to influence the award of a contract, or to deprive or attempt to deprive a vendor of a contract.

(5) No officer or employee shall fail to use an open contract except as provided in this chapter.

(6) No officer or employee shall accept property knowing that the property does not meet specifications or other acceptance criteria set forth in the contract.

(7) Deprivation, influence or attempts thereat shall not include written reports, based on substantial evidence, sent to the administrator concerning matters relating to the responsibility of vendors.

(8)(a) No vendor or related party, or subsidiary or affiliate of a vendor, may submit a bid to obtain a contract to provide property to the state if the vendor or related party, affiliate, or subsidiary was paid to prepare the specifications for the property.

(b) Nothing in this subsection shall prohibit a vendor from submitting a bid after providing technical assistance relating to such bid, providing consulting or other services to a state agency, or participating in legislative committee meetings related to the property that is the subject of planned solicitation as long as:

(i) Such technical assistance, consulting or other services, or participation in legislative committee meetings does not result in bid specifications to be drawn such that only the vendor or related party, or affiliate or subsidiary of the vendor, can meet the bid specifications;

(ii) Such technical assistance, consulting or other services, or participation in legislative committee meetings does not otherwise provide the vendor or related party, or affiliate or subsidiary of the vendor, with a quantifiable and objective advantage in the bid process; and

(iii) Any work product or written documentation produced as a result of the technical assistance, consulting or other services, or participation in legislative committee meetings is accessible to a public records request if the vendor responds to a relevant solicitation as provided in section 67-9208, Idaho Code.

(9) No person who has served in elected public office within three hundred sixty-five (365) days of a bid submission deadline shall participate in the solicitation, bid, or contract process pursuant to the provisions of this chapter on behalf of a vendor.

(10) No vendor shall employ an individual who has served in public office, or worked in a state agency or institution, within three hundred sixty-five (365) days of winning a bid where such individual participated in the solicitation, bid, or contract process pursuant to the provisions of this chapter.

History:

[67-9230, added 2016, ch. 289, sec. 4, p. 801; am. 2026, ch. 283, sec. 10, p. 1188.]
Idaho Code § 67-8210 — Idaho Code / Title 67 / Chapter 82 / Section 67-8210
67-8210 EARMARKING AND EXPENDITURE OF COLLECTED DEVELOPMENT IMPACT FEES.
Status: in_force

67-8210. Earmarking and expenditure of collected development impact fees. (1) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one (1) or more interest-bearing accounts within the capital projects fund. Accounting records shall be maintained for each category of system improvements and the service area in which the fees are collected. Interest earned on development impact fees shall be considered funds of the account on which it is earned, and not funds subject to section 57-127, Idaho Code, and shall be subject to all restrictions placed on the use of development impact fees under the provisions of this chapter.

(2) Expenditures of development impact fees shall be made only for the category of system improvements and within or for the benefit of the service area for which the development impact fee was imposed as shown by the capital improvements plan and as authorized in this chapter. Development impact fees shall not be used for any purpose other than system improvement costs to create additional improvements to serve new growth.

(3) As part of its annual audit process, a governmental entity shall prepare an annual report:

(a) Describing the amount of all development impact fees collected, appropriated, or spent during the preceding year by category of public facility and service area; and

(b) Describing the percentage of tax and revenues other than impact fees collected, appropriated or spent for system improvements during the preceding year by category of public facility and service area.

(4) Collected development impact fees must be expended within eight (8) years from the date they were collected, on a first-in, first-out (FIFO) basis, except that the development impact fees collected for wastewater collection, treatment and disposal and drainage facilities must be expended within twenty (20) years. Any funds not expended within the prescribed times shall be refunded pursuant to section 67-8211, Idaho Code. A governmental entity may hold the fees for longer than eight (8) years if it identifies, in writing:

(a) A reasonable cause why the fees should be held longer than eight (8) years; and

(b) An anticipated date by which the fees will be expended but in no event greater than eleven (11) years from the date they were collected.

History:

[67-8210, added 1992, ch. 282, sec. 1, p. 871; am. 1996, ch. 366, sec. 7, p. 1236; am. 2002, ch. 347, sec. 6, p. 992; am. 2006, ch. 321, sec. 2, p. 1020.]
Idaho Code § 67-3008 — Idaho Code / Title 67 / Chapter 30 / Section 67-3008
67-3008 RELEASE OF CRIMINAL HISTORY RECORD INFORMATION.
Status: in_force

67-3008. Release of criminal history record information. (1) All units of state, city, and local governments and any agency of the state created by the legislature that requires, by statute, rule, or local or county ordinance, fingerprinting of applicants or licensees are authorized to submit fingerprints to the bureau for examination and for further submission, if necessary, to the federal bureau of investigation. The bureau shall be the state's sole source of fingerprint submissions to the federal bureau of investigation for criminal justice and applicant or licensing purposes.

(2) The department shall provide copies of or communicate information from criminal history records to the following:

(a) Criminal justice agencies and the court;

(b) A person or public agency or private entity, upon written application on a form approved by the director and provided by the department, subject to the following restrictions:

(i) A request for criminal history records must be submitted in writing or as provided by rule. However, the department shall accept a request presented in person by the subject of the record;

(ii) The request must identify a specific person by name and date of birth. Fingerprints of the person named may be required to establish positive identification;

(iii) Responding to the request does not interfere with the secure and orderly conduct of the department and would not substantially prejudice or prevent the carrying out of the functions of the department;

(iv) A record of an arrest that does not contain a disposition after twelve (12) months from the date of arrest may only be disseminated by the department to criminal justice agencies, to the subject of the record, or to a person requesting the criminal history information with a signed release from the subject of the record; and

(v) Any release of criminal history data by the department shall prominently display the statement: "AN ARREST WITHOUT DISPOSITION IS NOT AN INDICATION OF GUILT."

(3) Judicial review of the department's denial of a request for records shall be in accordance with the provisions of section 74-115, Idaho Code.

(4) A request for a criminal history record by a criminal justice agency or a court shall take precedence over all other requests. The department shall adopt rules to set forth the manner by which criminal justice agencies and courts without direct access to the public safety and security information system established by section 19-5202, Idaho Code, may request Idaho criminal history record information.

(5) Unless otherwise provided by law, access authorized under this section to criminal history records does not create a duty upon a person, employer, private entity, or public agency to examine the criminal history record of an applicant, employee or volunteer.

(6) A person or private entity, or public agency, other than the department, shall not disseminate criminal history record information obtained from the department to a person or agency that is not a criminal justice agency or a court without a signed release of the subject of record or unless otherwise provided by law.

(7) Direct access to criminal history record information is regulated by chapter 52, title 19, Idaho Code, and the rules adopted pursuant to that chapter.

History:

[67-3008, added 1999, ch. 249, sec. 2, p. 643; am. 2005, ch. 115, sec. 7, p. 375; am. 2015, ch. 141, sec. 171, p. 514; am. 2025, ch. 51, sec. 1, p. 257; am. 2026, ch. 77, sec. 1, p. 320.]
Idaho Code § 67-3009 — Idaho Code / Title 67 / Chapter 30 / Section 67-3009
67-3009 CRIMINAL PENALTIES.
Status: in_force

67-3009. Criminal penalties. (1) It is unlawful for a person for personal gain to request, obtain, or attempt to obtain criminal history records under false pretenses or willfully communicate or attempt to communicate criminal history records to any agency or person not authorized to receive the information by law. A violation of this subsection is a misdemeanor.

(2) It is unlawful for a person to willfully solicit, accept or agree to accept from another any pecuniary benefit as consideration for either willfully falsifying criminal history records or for willfully requesting, obtaining, or seeking to obtain criminal history records for a purpose not authorized by law. A violation of this subsection is a felony, and the punishment shall be a fine up to ten thousand dollars ($10,000) and imprisonment in a state prison not exceeding five (5) years.

History:

[67-3009, added 1999, ch. 249, sec. 2, p. 644.]
Idaho Code § 67-4119 — Idaho Code / Title 67 / Chapter 41 / Section 67-4119
67-4119 PURPOSE — PROTECTION OF ARCHAEOLOGICAL AND VERTEBRATE PALEONTOLOGICAL SITES AND RESOURCES.
Status: in_force

67-4119. Purpose — Protection of archaeological and vertebrate paleontological sites and resources. The purpose of this act is to protect archaeological and vertebrate paleontological sites and resources on public lands in the state of Idaho and to ensure their safety and availability for scientific research.

History:

[67-4119, added 1963, ch. 181, sec. 1, p. 539.]
Idaho Code § 67-5508 — Idaho Code / Title 67 / Chapter 55 / Section 67-5508
67-5508 PENALTIES.
Status: in_force

67-5508. Penalties. Any person violating any of the rules, regulations or orders adopted and promulgated under section 67-5506 shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or to a term of imprisonment of not to exceed six (6) months, or both such fine and imprisonment.

History:

[67-5508, added 1967, ch. 57, sec. 8, p. 116.]
Idaho Code § 67-5711E — Idaho Code / Title 67 / Chapter 57 / Section 67-5711E
67-5711E CHALLENGES.
Status: in_force

67-5711E. CHALLENGES. (1) As used in this section:

(a) "Administrator" means the administrator of the division of public works.

(b) "Director" means the director of the department of administration.

(c) "Hearing officer" has the same meaning as provided for in section 67-5201, Idaho Code.

(d) "Nonresponsive bid" means a bid that does not comply with a bid invitation and specifications and does not include a bidder whose bid is considered but who is determined not to be the lowest responsible bidder.

(2) An entity that was a primary bidder or primary proposer may challenge the administrator's decision pursuant to the provisions of this section under the following circumstances:

(a) A bidder's bid was found nonresponsive;

(b) A bidder's bid was considered pursuant to section 67-5711C, Idaho Code, and the bidder was found not to be the lowest responsible bidder;

(c) A professional service firm's proposal was considered pursuant to section 67-2320, Idaho Code, and was not selected for award; or

(d) A design-build firm's proposal was considered pursuant to section 67-5711A, Idaho Code, and was not selected for award.

(3) The administrator may, on his own initiative, file a challenge seeking resolution of any matter presented to the administrator for a decision.

(4) Challenges shall be submitted to the director within five (5) business days of the notice of the challenged decision. The challenge shall set forth in specific terms the reasons why the bidder challenges the administrator's decision as erroneous and shall provide available documentation supporting such reasons.

(5) Upon receipt, the director shall act pursuant to this subsection within five (5) business days.

(a) Upon receipt of a challenge where no request for qualifications was issued the director shall:

(i) Affirm the decision of the administrator, which shall be considered the final agency decision;

(ii) Modify the decision of the administrator;

(iii) Affirm the challenge and issue recommendations to the administrator; or

(iv) Request a hearing officer to review the record and recommend to the director to affirm, modify, or reverse the administrator's decision.

(b) Upon receipt of a challenge where a request for qualifications was issued the director shall request a hearing officer to:

(i) Review the record and recommend to the director to affirm, modify, or reverse the administrator's decision; or

(ii) Conduct a contested case hearing.

(c) A hearing officer appointed pursuant to paragraph (b)(ii) of this subsection shall conduct a contested case hearing and upon conclusion of the hearing shall prepare findings of fact, conclusions of law, and a recommended order for the director. Upon receipt of the findings of fact, conclusions of law, and recommended order, the director shall enter a final order affirming, modifying, or reversing the decision of the administrator.

(d) In addition to the requirements of section 67-5270, Idaho Code, the challenging bidder shall also file a protest bond in an amount equal to twenty-five percent (25%) of the allocated budget for the construction of the public works capital improvements.

(i) If the allocated budget was not included in the request for qualifications, the director shall set the value of the protest bond at a reasonable amount that does not exceed twenty-five percent (25%) of the anticipated capital expenditures to complete the public works improvements.

(ii) If the challenge is successful, the protest bond will be returned to the challenging bidder within fourteen (14) days of the final decision having been made.

(iii) If the challenge is not successful, a claim may be made against the protest bond by the public entity in an amount equal to the expenses incurred by the public entity because of the challenge. Such expenses must be documented and may include but are not limited to legal fees, court costs, escalated material prices, and other direct damages related to the challenge. The remainder of the bond shall be released after the claim has been satisfied.

(6) When a challenge is submitted under this section, the administrator shall not execute a contract until the challenge is concluded. However, the director shall have the power to allow a contract to be awarded to the successful bidder if he determines such award to be in the best interest of the state.

History:

[67-5711E, added 2024, ch. 189, sec. 1, p. 684.]
Idaho Code § 67-8716 — Idaho Code / Title 67 / Chapter 87 / Section 67-8716
67-8716 UNLIMITED SALES TAX RECEIPTS PLEDGE.
Status: in_force

67-8716. Unlimited sales tax receipts pledge. (1) The bond bank authority fund is hereby statutorily created in the state treasury. Moneys in the fund shall be used only as provided in this chapter. Earnings of the bond bank authority fund shall be deposited into the general fund as defined in section 67-1205, Idaho Code.

(2) If sufficient moneys are not available to pay debt service on the bonds of the authority, except for bonds the authority has specifically designated not to receive payment from the sales tax, as of five (5) days prior to the scheduled payment date of such bonds, the state treasurer shall give notice to the state controller, certifying the amount of the deficiency, at least five (5) days prior to the scheduled payment date. After receipt of the certified notice from the state treasurer pursuant to this subsection (2), the state controller shall cause moneys representing state sales tax receipts in the amount of the deficiency certified by the state treasurer to be transferred from the general fund as defined in section 67-1205, Idaho Code, and deposited in the bond bank authority fund; provided however, that in no event shall a transfer of moneys representing state sales tax receipts from the general fund under the provisions of this chapter impede or otherwise affect the payment of sales tax moneys pledged for the payment on other state bonds outstanding on the effective date of this act or subsequently issued as tax anticipation notes pursuant to section 63-3202, Idaho Code.

(3) Moneys transferred from the general fund to the bond bank authority fund pursuant to subsection (2) of this section shall be deposited in the reserve fund as replacement moneys for amounts withdrawn from the reserve fund to pay debt service on the bonds pursuant to section 67-8725, Idaho Code, to the extent such moneys are derived from amounts appropriated to the reserve fund by the legislature, or shall be used to pay debt service when due on bonds for which other moneys available pursuant to section 67-8727, Idaho Code, are insufficient.

(4) The state of Idaho pledges to and agrees with the holders of any bonds that the state will not alter, impair or limit the rights vested by the sales tax account pledge provided in this section and in section 63-3638, Idaho Code, with respect to the bonds until the bonds, together with applicable interest, are fully paid and discharged.

(5) To the extent that other legally available revenues and funds of the state are insufficient to meet the certified deficiency, the state tax commission shall transfer moneys from the sales tax account in section 63-3638, Idaho Code.

History:

[67-8716, added 2001, ch. 130, sec. 1, p. 458; am. 2002, ch. 148, sec. 4, p. 429; am. 2005, ch. 389, sec. 6, p. 1254; am. 2008, ch. 407, sec. 1, p. 1116; am. 2011, ch. 214, sec. 1, p. 600.]
Idaho Code § 67-4308 — Idaho Code / Title 67 / Chapter 43 / Section 67-4308
67-4308 NIAGARA SPRINGS — APPROPRIATION OF WATERS IN TRUST FOR PEOPLE.
Status: in_force

67-4308. niagara Springs — Appropriation of waters in trust for people. The park and recreation board is hereby authorized and directed to appropriate in trust for the people of the state of Idaho the unappropriated natural spring flow arising upon the area described as follows, to-wit:

That portion of lot one (1), of section ten (10), and lot three (3), of section eleven (11), township nine (9) south, range fifteen (15) east of the Boise Meridian, which is locally known as the Niagara Springs and limited to that portion of Niagara Springs upstream from the present existing diversions to the headwaters of the springs.

The preservation of water in the area described for its scenic beauty and recreational purposes necessary and desirable for all citizens of the state of Idaho is hereby declared to be a beneficial use of such water.

No fee shall be required in connection with said appropriation by the park and recreation board or the permit issued in connection therewith, but license shall issue at any time upon proof of beneficial use to which said waters are now dedicated.

The park and recreation board, or its successor, shall be deemed to be the holder of such permit, in trust for the people of the state, and the public use of the waters in the specific area herein described is declared to be of greater priority than any other use except that of domestic consumption.

History:

[67-4308, added 1971, ch. 207, sec. 2, p. 912; am. 1974, ch. 8, sec. 13, p. 35; am. 2015, ch. 244, sec. 55, p. 1036.]
Idaho Code § 67-4516 — Idaho Code / Title 67 / Chapter 45 / Section 67-4516
67-4516 STATE DINOSAUR DESIGNATED.
Status: in_force

67-4516. state dinosaur designated. The Oryctodromeus is hereby designated and declared to be the state dinosaur of the state of Idaho. Nothing in this section shall be construed to give the state authority to use its power of eminent domain to acquire an Oryctodromeus fossil or the land on which an Oryctodromeus fossil is found.

History:

[67-4516, added 2023, ch. 219, sec. 1, p. 659.]
Idaho Code § 67-7037 — Idaho Code / Title 67 / Chapter 70 / Section 67-7037
67-7037 TEST OF OPERATOR FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR OTHER INTOXICATING SUBSTANCES.
Status: in_force

67-7037. Test of operator for alcohol concentration, presence of drugs or other intoxicating substances. (1) Any person who operates or is in actual physical control of a vessel on the waters of the state of Idaho shall be deemed to have given his consent to evidentiary testing for concentration of alcohol, as defined in section 67-7034, Idaho Code, and to have given his consent to evidentiary testing for the presence of drugs or other intoxicating substances, provided that such testing is administered at the request of a peace officer having reasonable grounds to believe that person has been operating or in actual physical control of a vessel in violation of the provisions of section 67-7034, Idaho Code, or section 67-7035, Idaho Code.

(2) Such person shall not have the right to consult with an attorney before submitting to such evidentiary testing.

(3) At the time evidentiary testing for concentration of alcohol, or for the presence of drugs or other intoxicating substances is requested, the person shall be informed that if he refuses to submit to or if he fails to complete evidentiary testing:

(a) He is subject to a civil penalty of two hundred dollars ($200) for refusing to take the test;

(b) He has the right to request a hearing within seven (7) days to show cause why he refused to submit to, or complete evidentiary testing;

(c) If he does not request a hearing or does not prevail at the hearing, the court shall sustain the civil penalty; and

(d) After submitting to the evidentiary testing he may, when practicable, at his own expense, have additional tests made by a person of his own choosing.

(4) After submitting to evidentiary testing at the request of the peace officer, he may, when practicable, at his own expense, have additional tests made by a person of his own choosing. The failure or inability to obtain an additional test or tests by a person shall not preclude the admission of results of evidentiary testing for alcohol concentration or for the presence of drugs or other intoxicating substances taken at the direction of the peace officer unless the additional test was denied by the peace officer.

(5) If the operator refuses to submit to or complete evidentiary testing after the information has been given in accordance with subsection (3) of this section:

(a) A written request may be made, by the operator, within seven (7) calendar days of receipt of the complaint and summons, for a hearing before the court. If requested, the hearing must be held within thirty (30) days of the arrest unless this period is, for good cause shown, extended by the court for one (1) additional thirty (30) day period. The hearing shall be limited to the question of why the defendant did not submit to, or complete evidentiary testing, and the burden of proof shall be upon the defendant. The court shall sustain a two hundred dollar ($200) civil penalty immediately unless it finds that the peace officer did not have legal cause to stop and request the operator to take the test or that the request violated the operator's civil rights;

(b) If a hearing is not requested by written notice to the court concerned within seven (7) calendar days, upon receipt of a sworn statement by the peace officer of the circumstances of the refusal, the court shall sustain a two hundred dollar ($200) civil penalty.

(6) A sustained civil penalty under this section shall be a civil penalty separate and apart from any other penalty imposed for a violation of other Idaho vessel statutes or for a conviction of an offense pursuant to this chapter, and may be appealed to the district court.

(7) Notwithstanding any other provision of law to the contrary, the civil penalty imposed under the provisions of this section must be paid, as ordered by the court, to the county justice fund or the county current expense fund where the incident occurred.

(8) If a person does not pay the civil penalty imposed as provided in this section within thirty (30) days of the time the penalty was imposed, the prosecuting authority representing the political subdivision where the incident occurred may petition the court in the jurisdiction where the incident occurred to file the order imposing the civil penalty as an order of the court. Once entered, the order may be enforced in the same manner as a final judgment of the court. In addition to the penalty, attorney's fees, costs, and interest may be assessed against any person who fails to pay the civil penalty.

(9) A peace officer is empowered to order evidentiary testing as provided in section 18-8002(6), Idaho Code.

(10) Any written notice required by this section shall be effective upon mailing.

(11) For the purposes of this section "evidentiary testing" shall mean a procedure or test or series of procedures or tests, including the additional test authorized in subsection (12) of this section, utilized to determine the concentration of alcohol or the presence of drugs or other intoxicating substances in a person.

(12) A person who submits to a breath test for alcohol concentration, as defined in subsection (5) of section 67-7034, Idaho Code, may also be requested to submit to a second evidentiary test of blood or urine for the purpose of determining the presence of drugs or other intoxicating substances if the peace officer has reasonable cause to believe that a person was operating under the influence of any drug or intoxicating substance or the combined influence of alcohol and any drug or intoxicating substance. The peace officer shall state in his report the facts upon which that belief is based.

History:

[67-7037, added 1993, ch. 250, sec. 1, p. 873.]
Idaho Code § 67-2008A — Idaho Code / Title 67 / Chapter 20 / Section 67-2008A
67-2008A DETERMINATION OF RATES OF ALLOWANCE — FOREIGN TRAVEL.
Status: in_force

67-2008A. Determination of rates of allowance — Foreign travel. The board of examiners shall determine reasonable rates of allowance for per diem subsistence for officers, agents and employees of the state who are absent from their post of duty on official business in a foreign country. In determining such rates of allowance, the limitations of section 67-2008, Idaho Code, shall not apply. The board shall determine rates of allowance which are reasonable based upon factors such as the prevailing cost of executing such travel, generally prevailing economic conditions, and the rates of allowance made applicable to similar travel by the federal government and private employers within the state.

History:

[67-2008A, added 1988, ch. 14, sec. 1, p. 17.]
Idaho Code § 67-5603 — Idaho Code / Title 67 / Chapter 56 / Section 67-5603
67-5603 TERMS OF MEMBERS — APPOINTMENT OF OFFICERS — SERVICE OF MEMBERS — COMPENSATION.
Status: in_force

67-5603. Terms of members — Appointment of officers — Service of members — Compensation. The term of office of each member shall be four (4) years; provided that all members' terms shall be extended to June 30 of the year their terms expire. When a member's term expires, the governor shall appoint a member for a four (4) year term which shall be from July 1 to June 30 four (4) calendar years later. A vacancy shall be filled for the remainder of the term. The governor shall designate a chairman and a vice-chairman from the members of the commission to serve as such at the pleasure of the governor. All vacancies shall be filled for the balance of the unexpired term in the same manner as original appointments. The members of the commission shall be compensated as provided by section 59-509(b), Idaho Code.

History:

[67-5603, added 1967, ch. 48, sec. 3, p. 90; am. 1969, ch. 316, sec. 2, p. 974; am. 1978, ch. 303, sec. 2, p. 760; am. 1980, ch. 247, sec. 89, p. 651; am. 1991, ch. 9, sec. 2, p. 26; am. 1999, ch. 205, sec. 1, p. 552; am. 2000, ch. 307, sec. 1, p. 1043.]
Idaho Code § 67-5805 — Idaho Code / Title 67 / Chapter 58 / Section 67-5805
67-5805 LEGISLATIVE FINDINGS AND INTENT.
Status: in_force

67-5805. legislative findings and intent. (1) Section 1, article I, of the constitution of the state of Idaho provides: "All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety." It is the duty and right of the legislature and the governor to protect the state, its citizens and property. Section 36-103(a), Idaho Code, provides: "All wildlife, including all wild animals, wild birds, and fish, within the state of Idaho, is hereby declared to be the property of the state of Idaho." The state of Idaho therefore has the responsibility to manage the big game animals of the state.

(2) The Idaho legislature finds and declares that the state's citizens, businesses, hunting, tourism and agricultural industries, private property and wildlife, are immediately and continuously threatened and harmed by the sustained presence and growing population of Canadian gray wolves in the state of Idaho. The Idaho legislature, therefore, finds the population of gray wolves in Idaho, having been introduced into the state in 1995, over the united objection of the Idaho congressional delegation, Idaho legislature, Idaho governor, Idaho counties and numerous Idaho agricultural groups who were gravely concerned with the negative effects this action would impose on Idaho and Idahoans, is now many times exceeding the target number originally set by the federal government and the number set in Idaho's federally approved 2002 wolf management plan. The U.S. fish and wildlife service (USFWS) has delisted the gray wolf in Idaho in 2008 and 2009 returning management to the state, only to be sued both times by environmental groups forcing the wolf to be relisted as endangered. As a result of all the above, the legislature finds that public safety has been compromised, economic activity has been disrupted and private and public property continue to be imperiled. The uncontrolled proliferation of imported wolves on private land has produced a clear and present danger to humans, their pets and livestock, and has altered and hindered historical uses of private and public land, dramatically inhibiting previously safe activities such as walking, picnicking, biking, berry picking, hunting and fishing. The continued uncontrolled presence of gray wolves represents an unfunded mandate, a federal commandeering of both state and private citizen resources and a government taking that makes private property unusable for the quiet enjoyment of property owners. An emergency existing therefore, it is the intent of the legislature to regulate the presence of Canadian gray wolves in Idaho in order to safeguard the public, wildlife, economy and private property against additional devastation to Idaho's social culture, economy and natural resources, and to preserve the ability to benefit from private and public property within the state and experience the quiet enjoyment of such property.

History:

[67-5805, added 2011, ch. 334, sec. 1, p. 976.]
Idaho Code § 67-4229 — Idaho Code / Title 67 / Chapter 42 / Section 67-4229
67-4229 IDAHO VETERANS MEMORIAL PARK CREATED — LOCATION.
Status: in_force

67-4229. Idaho Veterans Memorial Park created — Location. There is hereby created a state park to be known and designated as the Idaho Veterans Memorial Park, located in Ada County and particularly described as follows:

All that lot, piece or parcel of land situate lying and being in the SE1/4 of Section 32, T. 4 N., R. 2 E., B.M., Ada County, Idaho, bounded as follows:

Beginning at a point in the Valley Road distant North 1°50′ West 1,870 feet from the Section corner to Sections 32 and 33, T. 4 N., R. 2 E., and Sections 4 and 5, T. 3 N., R. 2 E., which point is a flat iron bar firmly driven in the ground and distant North from the fence of H.T. West 34 feet, said fence being on the South side of the said Valley Road. From this point said boundary line runs South 33°50′ West on a center line of a row of Poplar trees 826 feet; thence South 46°35′ East 14.60 feet; thence South 33°50′ West 840 feet to a point on the North bank of the Boise River; thence North 46°35′ West 14.60 feet along said river; thence North 57°45′ West 186 feet along said river; thence North 72°55′ West 260 feet along said river; thence South 89°45′ West 96 feet along said river; thence South 63°27′ West 154 feet along said river to a point on said Bar 10 feet distant from South Bank of Ditch, coming out of Boise River; thence North 70°36′ West 288 feet along said Sand Bar; thence North 59°50′ West 220 feet along said Sand Bar; thence North 43°05′ East 2169 feet to a point on the Valley Road distant 32.50 feet North of said H.T. West fence and indicated by an iron pipe 1 1/2 inches in diameter driven firmly in the ground; thence South 46°55′ East 756 feet to a point or place of beginning.

Except ditches, laterals, and public roads. Also excepting Boise Central Railway Co. right of way, as described in deed recorded in Book 26 of Deeds at page 139, records of Ada County, Idaho.

History:

[67-4229, added 1971, ch. 125, sec. 1, p. 486.]
Idaho Code § 67-7016 — Idaho Code / Title 67 / Chapter 70 / Section 67-7016
67-7016 GROSSLY NEGLIGENT OPERATION.
Status: in_force

67-7016. GROSSLY NEGLIGENT OPERATION. Any person who operates any motorized vessel on the waters of the state of Idaho without due caution and circumspection, and in a manner as to endanger or be likely to endanger any person or property, shall be guilty of grossly negligent operation and upon conviction shall be punished as provided in section 67-7033, Idaho Code.

History:

[67-7016, added 2014, ch. 136, sec. 2, p. 372; am. 2015, ch. 244, sec. 62, p. 1039.]
Idaho Code § 67-428 — Idaho Code / Title 67 / Chapter 4 / Section 67-428
67-428 OFFICERS OF COUNCIL — COMMITTEES — DIRECTOR OF LEGISLATIVE SERVICES.
Status: in_force

67-428. Officers of council — Committees — Director of legislative services. The president pro tempore of the senate and the speaker of the house of representatives shall serve as cochairmen of the council. The council may adopt its own rules of procedure and appoint such committees as may be necessary for the proper and efficient performance of its duties. Committees shall consist of members of the council and other members of the legislature. The council shall appoint a director of legislative services, who shall serve at the pleasure of the council, and the council may employ such other employees and engage the services of such persons and agencies as may be necessary or desirable in the performance of its duties.

History:

[67-428, added 1963, ch. 57, sec. 2, p. 222; am. 1967, ch. 365, sec. 2, p. 1054; am. 1996, ch. 159, sec. 1, p. 503; am. 2009, ch. 52, sec. 5, p. 136; am. 2014, ch. 123, sec. 2, p. 353.]
Idaho Code § 67-8001 — Idaho Code / Title 67 / Chapter 80 / Section 67-8001
67-8001 DECLARATION OF PURPOSE.
Status: in_force

67-8001. Declaration of purpose. The purpose of this chapter is to establish an orderly, consistent review process that better enables state agencies and local governments to evaluate whether proposed regulatory or administrative actions may result in a taking of private property without due process of law. It is not the purpose of this chapter to expand or reduce the scope of private property protections provided in the state and federal constitutions.

History:

[67-8001, added 1994, ch. 116, sec. 1, p. 265; am. 1995, ch. 182, sec. 1, p. 668.]
Idaho Code § 67-828 — Idaho Code / Title 67 / Chapter 8 / Section 67-828
67-828 OFFICE OF INFORMATION TECHNOLOGY SERVICES MAY CHARGE AND RECEIVE PAYMENT FOR CERTAIN SERVICES TO UNITS OF STATE GOVERNMENT — APPROPRIATION.
Status: in_force

67-828. OFFICE OF INFORMATION TECHNOLOGY SERVICES MAY charge and RECEIVE PAYMENT FOR certain SERVICES TO units of state government — APPROPRIATION. The office of information technology services is authorized to charge and receive payment for actual and necessary expenses incurred in providing services to any unit of state government under the provisions of this section. Any money received for services provided under the provisions of this section is hereby continually appropriated to the unit providing the services as compensation for such actual and necessary expenses.

History:

[67-828, added 2018, ch. 258, sec. 3, p. 611.]
Idaho Code § 67-6205 — Idaho Code / Title 67 / Chapter 62 / Section 67-6205
67-6205 DEFINITIONS.
Status: in_force

67-6205. Definitions. The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:

(a) "Association" or "housing association" shall mean the Idaho housing and finance association created by section 67-6202, Idaho Code.

(b) "Housing project" shall mean any work or undertaking:

(1) To demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adoption of such area to public purposes, including parks or other recreational or community purposes; or

(2) To construct, sell, lease, finance, improve, operate or otherwise provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property which are necessary, convenient or desirable appurtenances, such as, but not limited to, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, and welfare or other purposes; or

(3) To accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, for either single or multi-family housing, the acquisition of property, the demolition of existing structures, the construction, reconstruction, rehabilitation, alteration and repair of the buildings and improvements and all other work in connection therewith.

(c) "Governing body" shall mean the city council, board of commissioners, board of trustees or other body having charge of the locality in which the association desires to undertake a housing project.

(d) "Federal government" shall include the United States of America, or any other agency or instrumentality, corporate or otherwise, of the United States of America.

(e) "City" shall mean any city in the state of Idaho, including each city having a special charter.

(f) "County" or "counties" shall include all counties in the state of Idaho as designated in chapter 1, title 31, Idaho Code.

(g) "Clerk" shall mean the clerk of the city or county as the case may be or the officer charged with the duties customarily imposed on such clerk.

(h) "Area of operation" shall mean the state of Idaho.

(i) "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to safety, health or morals.

(j) "Person of low income" means persons deemed by the association, including those defined as "elderly" in the United States Housing Act of 1937 42 U.S.C., section 1437 et seq., as amended, to require assistance available under this act on account of insufficient personal or family income, to pay the rents or carrying charges required by the unaided operation of private enterprise in providing an adequate supply of decent, safe and sanitary housing and in making such determination the association shall take into consideration, without limitation, such factors as:

(1) The amount of the total income of such persons available for housing needs;

(2) The size of the family;

(3) The cost and condition of housing facilities available;

(4) Standards established for various federal programs determining eligibility based on income of such persons; and

(5) The ability of such persons to compete successfully in the normal housing market and to pay the amounts at which private enterprise is providing decent, safe and sanitary housing.

(k) "Bonds," "notes" or "bond anticipation notes," and "obligations" shall mean any bonds, notes, interim certificates, debentures or other evidences of financial indebtedness issued by the association pursuant to this chapter.

(l) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature, appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

(m) "Housing authority" or "authority" means a housing authority established pursuant to the "housing authorities and cooperation law" constituting chapter 19, title 50, Idaho Code.

(n) "Rent" shall mean the periodic payment made by a person of low income in a housing project whether such money is being used as rent, or for the development of equity by such person.

(o) "Interim financing" means a short-term construction loan for planning and/or development of residential housing for persons of low income and other persons which loan shall run until financing can be assumed through other federal, state or private financing.

(p) "Housing sponsor" means individuals, joint ventures, partnerships, limited partnerships, public bodies, trusts, firms, associations, or other legal entities or any combination thereof, and corporations, cooperatives, and condominiums, approved by the association as qualified either to own, construct, acquire, rehabilitate, operate, manage or maintain a housing project, subject to the regulatory powers of the association and other terms and conditions set forth in this chapter. A "housing sponsor" shall be either a "limited profit" sponsor or a "nonprofit" sponsor.

(q) "Mortgage lender" means any bank or trust company, savings bank, mortgage company, mortgage banker, credit union, national banking association, savings and loan association, building and loan association, life insurance company, and any other financial institution authorized to transact business in the state.

(r) "Mortgage loan" means an interest-bearing obligation secured by a deed of trust, a mortgage, bond, note, or other instrument which is a lien on property in the state except in the case of loans insured by the federal housing administration or the association and which are made for the rehabilitation or improvement of existing dwellings; in such case the loans need not be secured by an instrument constituting a lien on property in the state.

(s) "Mixed income housing project" means a housing project which contains dwellings occupied or to be occupied by persons of low income constituting at least twenty percent (20%) of such occupancy.

(t) "Facilities" means land, rights in land, buildings, structures, equipment, landscaping, utilities, approaches, roadways and parking, handling and storage areas, and portions of any of the foregoing and similar ancillary facilities.

(u) "Nonprofit corporation" means a nonprofit corporation organized and operating in accordance with Idaho law or a nonprofit corporation organized and operating in accordance with comparable laws within another state or territory of the United States.

(v) "Nonprofit facilities" means facilities owned or used by a nonprofit corporation for a nonprofit purpose of the corporation; provided that facilities for health facilities which may be funded pursuant to chapter 14, title 39, Idaho Code, shall not be included in this definition, except for such health facilities as may be specifically approved by the Idaho health facilities authority. Facilities owned or used, consistent with its nonprofit purpose, by a nonprofit corporation recognized by a state institution of higher education as its college or university foundation shall be considered nonprofit facilities under this chapter.

(w) "Project costs of a nonprofit facility" means costs of:

(1) Acquisition, construction and improvement of any facilities included in a nonprofit facility;

(2) Architectural, engineering, consulting, accounting and legal costs related directly to the development, financing and construction of a nonprofit facility, including costs of studies assessing the feasibility of a nonprofit facility;

(3) Finance costs, including discounts, if any, the costs of issuing bonds, and costs incurred in carrying out any provisions thereof;

(4) Interest during construction and during the six (6) months after estimated completion of construction, and capitalized debt service or repair and replacement or other appropriate reserves;

(5) The refunding of any outstanding obligations incurred for any of the costs outlined in this subsection; and

(6) Other costs incidental to any of the costs listed in this section.

(x) "Agricultural facility or facilities" means land, any building or other improvement thereon or thereto, to be owned by a beginning farmer or rancher and any personal properties deemed necessary or suitable for use, whether or not now in existence in farming or ranching, the production of agricultural commodities, including, without limitation, the products of aquaculture, hydroponics and silviculture, or the treating, processing or storing of such agricultural commodities when such activities are customarily engaged in by beginning farmers or ranchers as a part of farming or ranching.

(y) "Municipality" means any county, municipal corporation, highway district, taxing district or other political subdivision of this state.

(z) "State" means the state of Idaho.

(aa) "State body" means any department, board, commission or agency of the state of Idaho.

(bb) "Transportation board" means the Idaho transportation board and its successors.

(cc) "Transportation department" means the Idaho transportation department and its successors.

(dd) "Transportation project" means any transportation infrastructure project including, without limitation, a road, street, parkway, right-of-way, bridge, railroad crossing, drainage structure, sign, guardrail, structure, interstate, surface, resurface, shoulder, roadside, or any other work, and any planning development, management and construction related thereto, all as approved or recommended to the association by the transportation board.

(ee) "Economic development project or projects" means any commercial or industrial project including, without limitation, any manufacturing, processing, production, assembly, warehousing, solid waste disposal, recreation, office, research and development, energy or other business project owned by one (1) or more persons or other legal entities, any costs relating thereto including, without limitation, costs for buildings, land, equipment, furnishings, interest, costs of operation, financing, architectural, engineering and other professional costs and other related costs, as well as any working capital costs or expenses for such businesses.

(ff) "Department of labor" means the Idaho department of labor and its successors.

(gg) "Department of labor project" means any project to assist the department of labor in providing or financing unemployment compensation benefits all as approved or recommended to the association by the director of the department of labor pursuant to section 72-1346B, Idaho Code.

History:

[67-6205, added 1972, ch. 324, sec. 5, p. 789; am. 1974, ch. 324, sec. 5, p. 1840; am. 1976, ch. 283, sec. 2, p. 969; am. 1977, ch. 326, sec. 1, p. 914; am. 1996, ch. 253, sec. 4, p. 805; am. 1997, ch. 191, sec. 2, p. 532; am. 2000, ch. 364, sec. 2, p. 1204; am. 2000, ch. 365, sec. 1, p. 1212; am. 2005, ch. 378, sec. 8, p. 1223; am. 2007, ch. 152, sec. 2, p. 465; am. 2011, ch. 111, sec. 1, p. 292.]
Idaho Code § 67-5602 — Idaho Code / Title 67 / Chapter 56 / Section 67-5602
67-5602 COMMISSION ON THE ARTS — CREATION — MEMBERSHIP.
Status: in_force

67-5602. Commission on the arts — Creation — Membership. There is hereby created and established within the office of the governor a state commission, to be known as the Idaho commission on the arts, to consist of thirteen (13) members, representative of the public, Idaho's ethnic and cultural diversity, the various fields of the arts, and all geographic areas of our state. Each member shall be appointed by the governor from among citizens of the state who are widely known for their interest, competence, and experience in the arts. In making such appointments, due consideration shall be given to the recommendations made by representative civic, educational and professional associations and groups concerned with or engaged in production or presentation of the arts generally.

History:

[67-5602, added 1967, ch. 48, sec. 2, p. 90; am. 1969, ch. 316, sec. 1, p. 974; am. 1974, ch. 5, sec. 7, p. 23; am. 1978, ch. 303, sec. 1, p. 760; am. 1991, ch. 9, sec. 1, p. 26; am. 2003, ch. 18, sec. 1, p. 70; am. 2004, ch. 231, sec. 2, p. 677.]
Idaho Code § 67-9002 — Idaho Code / Title 67 / Chapter 90 / Section 67-9002
67-9002 LEGISLATIVE FINDINGS.
Status: in_force

67-9002. Legislative findings. [EFFECTIVE UNTIL JANUARY 1, 2027] The legislature finds that:

(1) Rural development has been given a high priority as a means of achieving a sound and mutually beneficial balance between the economies, culture, infrastructure, and community vitality of rural and urban areas of Idaho.

(2)(a) During the last half century, the legislature has enacted many laws and established many programs to provide resources to rural communities; and

(b) Efforts have been made, and continue to be needed, to coordinate rural development programs.

(3) Partnerships between governmental and nongovernmental entities can extend scarce funding through collaboration and cooperation.

History:

[67-9002, added 2007, ch. 238, sec. 1, p. 703; am. 2024, ch. 202, sec. 1, p. 717.]
Idaho Code § 67-7308 — Idaho Code / Title 67 / Chapter 73 / Section 67-7308
67-7308 SHORT TITLE.
Status: in_force

67-7308. Short title. This chapter shall be known and may be cited as the "Idaho State Council for the Deaf and Hard of Hearing Act."

History:

[67-7308, added 1991, ch. 122, sec. 1, p. 268; am. 2020, ch. 12, sec. 12, p. 28.]
Idaho Code § 67-8804 — Idaho Code / Title 67 / Chapter 88 / Section 67-8804
67-8804 POSTHUMOUS AWARD.
Status: in_force

67-8804. Posthumous award. The Idaho medal of honor may be awarded posthumously by presentation to a representative of the deceased as may be deemed appropriate by the governor or the designees specified in section 67-8803, Idaho Code.

History:

[67-8804, added 2004, ch. 367, sec. 1, p. 1090; am. 2005, ch. 163, sec. 5, p. 499; am. 2020, ch. 152, sec. 4, p. 455.]
Idaho Code § 67-4234 — Idaho Code / Title 67 / Chapter 42 / Section 67-4234
67-4234 DUTIES OF COORDINATOR.
Status: in_force

67-4234. Duties of coordinator. (1) The coordinator shall advise the board on the development of the system. Trails within the system shall be designated as one (1) or more of the following: hiking, horseback riding, bicycling, snow traveling, or other nonmotorized travel.

(2) The coordinator, in advising the board, shall be guided by the following principles:

(a) emphasis shall be placed on routes located on public lands, but not to the exclusion of private lands;

(b) effort shall be made to maximize the accessibility of trails to potential users;

(c) there shall be utilization of public meetings to secure citizen advice; and

(d) effort shall be made to develop trails which will harmonize with other state goals, such as education and historical preservation.

(3) The coordinator shall advise the board on necessary legislation to further the development of the system.

History:

[67-4234, added I.C., sec. 67-4234, as added by 1974, ch. 300, sec. 6, p. 1763.]
Idaho Code § 67-5231 — Idaho Code / Title 67 / Chapter 52 / Section 67-5231
67-5231 INVALIDITY OF RULES NOT ADOPTED IN COMPLIANCE WITH THIS CHAPTER — TIME LIMITATION.
Status: in_force

67-5231. Invalidity of rules not adopted in compliance with this chapter — Time limitation. (1) Rules may be promulgated by an agency only when specifically authorized by statute. A temporary or final rule adopted and becoming effective after July 1, 1993, is voidable unless adopted in substantial compliance with the requirements of this chapter.

(2) A proceeding, either administrative or judicial, to contest any rule on the ground of noncompliance with the procedural requirements of this chapter must be commenced within two (2) years from the effective date of the rule.

History:

[67-5231, added 1992, ch. 263, sec. 22, p. 801; am. 1996, ch. 161, sec. 10, p. 538.]
Idaho Code § 67-1808 — Idaho Code / Title 67 / Chapter 18 / Section 67-1808
67-1808 POWERS AND DUTIES OF THE COMMITTEE.
Status: in_force

67-1808. Powers and duties of the committee. The committee shall have the following powers and duties:

(1) To meet not less than two (2) times each year;

(2) To establish rules for governance and operation of committee proceedings;

(3) To request applications for funding from the Idaho millennium income fund;

(4) To meet to hear testimony and to consider applications for funding from the Idaho millennium income fund;

(5) To evaluate the actual and potential success of programs funded with moneys from the Idaho millennium income fund; and

(6) To present recommendations annually to the legislature for the use of the moneys in the Idaho millennium income fund.

History:

[(67-1808) 67-1805, added 2002, ch. 352, sec. 3, p. 1006; am. and redesig. 2006, ch. 187, sec. 8, p. 590.]
Idaho Code § 67-1022 — Idaho Code / Title 67 / Chapter 10 / Section 67-1022
67-1022 WARRANTS, HOW DRAWN — PROHIBITIONS — LOST WARRANTS.
Status: in_force

67-1022. Warrants, how drawn — prohibitions — Lost warrants. (1) All warrants must be drawn in the order prescribed by the state controller.

(2) Except for the state controller as the issuing officer, neither the name of any elected public official, nor any electioneering message shall appear on any warrant, including in any remittance advice or remittance memo, unless acting as an endorser or otherwise necessary for the proper execution of a warrant. For the purposes of this subsection, "electioneering message" shall include statements regarding, expressing support for, or soliciting support for any government program or initiative or non-profit corporation, including any program or initiative of a nonprofit corporation.

(3) In case of the loss or destruction of any warrant heretofore issued or that may be issued by the state controller, and, after notice by the involved agency to the state controller to stop payment on the lost or destroyed warrant the state controller is hereby authorized to issue his replacement warrant to take the place of the warrant so lost or destroyed, upon satisfactory certification of the loss of the said warrant. In the issuance of any such replacement warrant, the state controller may require an indemnity bond, conditioned upon the payment to the state of Idaho of any loss or damage or obligation by reason of the said lost warrant becoming a claim against the state; and, it shall be the duty of the state controller to notify the state treasurer of the issuance of the said replacement warrant.

History:

[(67-1022) 67-1005, R.S., sec. 208; 1907, p. 348, sec. 1; compiled and reen. R.C. sec. 105; am. R.C., sec. 106; reen. C.L., sec. 105, 106; C.S., sec. 145, 146; I.C.A., sec. 65-905, 65-906; am. 1976, ch. 42, sec. 9, 10, p. 97; am. and redesig. 1994, ch. 181, sec. 16, p. 584; am. 2017, ch. 282, sec. 1, p. 743; am. 2024, ch. 46, sec. 2, p. 253.]