Idaho Code § 67-6210 — Idaho Code / Title 67 / Chapter 62 / Section 67-6210
67-6210 POWER TO ISSUE BONDS.
Status: in_force

67-6210. Power to issue bonds. The association shall have power and is hereby authorized to issue, from time to time, its negotiable notes and bonds in conformity with the applicable provisions of the uniform commercial code in such principal amount as the association shall determine to be necessary for sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of the association, establishment of reserves to secure such notes and bonds, and all other expenditures of the association incidental and necessary or convenient to carry out its corporate purposes and powers; provided, however, that the association shall provide in its resolution authorizing such bonds that all revenues received by the association as a result of the issuance of such bonds shall be pledged first to the payment of principal and interest on such bonds.

(a) The association shall have the power, from time to time, to issue:

(1) notes to renew notes and

(2) bonds to pay notes, including the interest thereon, and

(3) whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and to issue bonds partly to refund bonds then outstanding and partly for any of its corporate purposes.

The refunding bonds may be:

(1) exchanged for the bonds to be refunded or

(2) sold and the proceeds applied to the purchase, redemption or payment of such bonds.

(b) Except as may otherwise be expressly provided by the association, every issue of its notes and bonds shall be payable exclusively from the revenues or income of the association, including grants and contributions from the United States of America, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.

(c) The notes and bonds shall be authorized by resolution or resolutions of the association, shall bear such date or dates and shall mature at such time or times as such resolution or resolutions may provide. The bonds may be issued as serial bonds payable in annual installments or as term bonds or as a combination thereof. The notes and bonds shall bear interest at such rate or rates, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption as such resolution or resolutions may provide. The notes and bonds of the association may be sold by the association, at public or private sale, at such price or prices as the association shall determine.

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

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

(2) pledging all or any part of the assets of the association including mortgages and obligations securing the same, to secure the payment of the notes or bonds or of any issue of notes or bonds, subject to such agreements with noteholders or bondholders as may then exist;

(3) the use and disposition of the gross income from mortgages owned by the association and payment of principal of mortgages owned by the association;

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

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

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

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

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

(9) vesting in a trustee or trustees such property, rights, powers and duties in trust as the association may determine, which may include any or all of the rights, powers and duties of the trustee appointed by the bondholders pursuant to this act; and limiting or abrogating the right of the bondholders to appoint a trustee under this act, or limiting the rights, powers and duties of such trustee;

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

(11) pledging all or any part of funds allocated to the association under Idaho law or other revenues or the proceeds of notes or bonds to secure the payment of notes or bonds issued to finance transportation projects, subject to such agreements with noteholders or bondholders as may then exist;

(12) setting forth the provisions for any contracts relating to its bonds or notes, including, without limitation, any investment or interest rate contracts, or any contract providing for a credit enhancement, including, but not limited to, letters of credit, bond insurance and surety bonds provided by private financial institutions;

(13) setting forth the provisions for representations or certifications to be made by an officer of the association with respect to funds to be allocated to the association for transportation projects and provisions for the disbursements of the proceeds of the bonds or notes for payment of the costs of a transportation project, costs of issuance and other related costs;

(14) pledging all or any part of funds allocated to the association pursuant to section 72-1346B, Idaho Code, or the proceeds of notes or bonds to secure the payment of notes or bonds issued to finance a department of labor project, subject to such agreements with noteholders or bondholders as may then exist;

(15) setting forth the provisions for representations or certifications to be made by an officer of the association with respect to funds to be allocated to the association for a department of labor project and provisions for the disbursements of the proceeds of the bonds or notes for payment of the costs of a department of labor project, costs of issuance and other related costs;

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

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

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

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

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

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

(h) In the discretion of the association, the bonds may be secured by a trust indenture by and between the association and a corporate trustee, which may be any trust company or bank having the power of a trust company in the state. Such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the association in relation to the exercise of its corporate powers and the custody, safeguarding and application of all moneys. The association may provide by such trust indenture for the payment of the proceeds of the bonds and the revenues to the trustee under such trust indenture or other depository, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust indenture may be treated as a part of the operating expenses of the association. If the bonds shall be secured by a trust indenture, the bondholders shall have no authority to appoint a separate trustee to represent them.

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

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

(k) The association shall not issue any bonds or notes to finance transportation projects unless:

(1) the Idaho transportation board has approved and recommended the transportation projects for financing through the association;

(2) the Idaho transportation board has certified to the association that sufficient funds are available to make the payments required for the bonds or notes to be issued to finance the transportation projects and that the annual, total cumulative debt service and bond-related expenses on federally-funded highway project financing do not exceed the limits specified in section 40-315(3), Idaho Code, or has approved a resolution required under section 40-720(6), Idaho Code; and

(3) the association and the Idaho transportation board have entered into an agreement for the association to provide financing of the transportation projects.

(l) The association shall not issue any bonds or notes to finance a department of labor project unless:

(1) the director of the department of labor has approved and recommended the department of labor project for financing through the association pursuant to section 72-1346B, Idaho Code;

(2) the director of the department of labor has certified to the association that sufficient funds are available to make the payments required for the bonds or notes to be issued to finance the department of labor project; and

(3) the association and the director of the department of labor have entered into an agreement for the association to provide financing of the department of labor project.

History:

[67-6210, added 1972, ch. 324, sec. 10, p. 789; am. 1974, ch. 104, sec. 14, p. 1210; am. 1978, ch. 288, sec. 1, p. 700; am. 1996, ch. 253, sec. 13, p. 817; am. 2005, ch. 378, sec. 10, p. 1230; am. 2011, ch. 111, sec. 3, p. 298; am. 2019, ch. 307, sec. 4, p. 925.]
Idaho Code § 67-2717 — Idaho Code / Title 67 / Chapter 27 / Section 67-2717
67-2717 POWER TO ISSUE SUBPOENAS AND ADMINISTER OATHS — OBSTRUCTING EXAMINATION — PENALTY.
Status: in_force

67-2717. Power to issue subpoenas and administer oaths — Obstructing examination — Penalty. The director of the department of finance may issue subpoenas and administer oaths, in the same manner, with the same power to enforce obedience thereof in the performance of his duties, as belongs and pertains to courts of law in this state. Any person refusing access to the department, or the director, to any such books or papers, or officers, agent, clerk, employee or other person aforesaid, or who shall obstruct such access, or who shall refuse to furnish any required information, or who shall in any manner hinder the thorough examination required by this chapter, of the officers or of the books, accounts, papers and finances pertaining to the officers, aforesaid, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars ($1,000), or imprisonment in the state penitentiary for a period not exceeding one (1) year, or both.

History:

[(67-2717) 1905, p. 386, sec. 14; reen. R.C., sec. 183; reen. C.L. 12:14; C.S., sec. 298; am. 1923, ch. 164, sec. 12, p. 242; I.C.A., sec. 65-2615; am. 1974, ch. 24, sec. 10, p. 744.]
Idaho Code § 67-5732B — Idaho Code / Title 67 / Chapter 57 / Section 67-5732B
67-5732B GOVERNOR'S HOUSING COMMITTEE PERSONAL PROPERTY EXEMPT FROM ACT.
Status: in_force

67-5732B. Governor's housing committee personal property exempt from act. Section 67-5732A, Idaho Code, shall not apply to personal property if acquired by or on behalf of the governor's housing committee pursuant to section 67-455 or 67-455A, Idaho Code, as the same now exists or may from time to time be amended. This section shall apply to all personal property acquired pursuant to section 67-455 or 67-455A, Idaho Code, before or after the effective date of this section.

History:

[67-5732B, added 1999, ch. 336, sec. 4, p. 915.]
Idaho Code § 67-1610A — Idaho Code / Title 67 / Chapter 16 / Section 67-1610A
67-1610A CAPITOL MAINTENANCE RESERVE FUND.
Status: in_force

67-1610A. capitol maintenance reserve fund. (1) There is hereby created a permanent fund within the state treasury to be known as the capitol maintenance reserve fund.

(2) The fund shall receive distributions from the capitol permanent endowment fund, as provided in section 67-1610, Idaho Code, and shall be managed by the endowment fund investment board in accordance with the provisions of chapter 5, title 68, Idaho Code.

(3) Except as provided for in subsection (4) of this section, all moneys in the capitol maintenance reserve fund shall be used exclusively by the capitol commission to address repair, maintenance and construction needs approved by the commission to benefit the capitol building and its grounds; provided that moneys from the fund shall also be used to pay for administrative costs incurred managing the assets of the capitol permanent endowment including, but not limited to, real property and monetary assets. All expenditures from the capitol maintenance reserve fund shall be subject to appropriation by the legislature.

(4) Upon request of the capitol commission, the endowment fund investment board shall distribute from the capitol maintenance reserve fund to the capitol commission operating fund created in section 67-1611, Idaho Code, an amount determined by the capitol commission to be sufficient to cover the operation, activities and projects of the capitol commission.

History:

[67-1610A, added 2013, ch. 111, sec. 2, p. 266.]
Idaho Code § 67-460 — Idaho Code / Title 67 / Chapter 4 / Section 67-460
67-460 POWERS OF COMMITTEE.
Status: in_force

67-460. Powers of committee. The joint legislative oversight committee shall have the following powers:

(1) To direct the director of legislative performance evaluations in accordance with section 67-461, Idaho Code, to review the performance of any state agency or program and to prepare reports for submission to the joint legislative oversight committee.

(2) To contract with private individuals or entities for the conduct of performance evaluations or portions thereof.

(3) To examine witnesses, to require the appearance of any person and the production of papers or records, including books, accounts, documents, computer records, and other materials, and to order the appearance of any person for the purpose of producing papers or records, including books, accounts, documents, computer records, and other materials, as is provided other legislative committees.

(4) To administer oaths to witnesses appearing before the committee when, by a majority vote, the committee deems the administration of an oath necessary and advisable as provided by law.

(5) To determine that a witness has perjured himself by testifying falsely before the committee, and to direct the attorney general to institute legal proceedings as provided by law.

(6) To conduct meetings at such times as the cochairmen deem necessary.

(7) To issue subpoenas upon the signature of either of the cochairmen; provided that the district court in and for the county in which any inquiry, evaluation, investigation, hearing or proceeding may take place shall have the power to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or the refusal to testify or produce papers or records, including books, accounts, documents, computer records, and other materials, in court.

History:

[67-460, added 1993, ch. 327, sec. 3, p. 1192; am. 1996, ch. 32, sec. 1, p. 83; am. 1996, ch. 65, sec. 3, p. 190; am. 2007, ch. 90, sec. 27, p. 265.]
Idaho Code § 67-821 — Idaho Code / Title 67 / Chapter 8 / Section 67-821
67-821 COORDINATION OF POLICY AND PROGRAMS RELATED TO DRUG AND SUBSTANCE ABUSE.
Status: in_force

67-821. Coordination of policy and programs related to drug and substance abuse. (1) There is hereby established in the office of the governor the "Office of Drug Policy." The administrator of the office of drug policy shall be the official in the state designated to oversee and execute the coordination of all drug and substance abuse programs within the state of Idaho. The administrator shall be appointed by and shall serve at the pleasure of the governor, and shall be subject to confirmation by the state senate.

(2) The office of drug policy shall:

(a) Cooperate and consult with counties, cities and local law enforcement on programs, policies and issues in combating Idaho's illegal drug and substance abuse problem;

(b) Serve as a repository of agreements, contracts and plans concerning programs for combating illegal drug and substance abuse from community organizations and other relevant local, state and federal agencies and shall facilitate the exchange of this information and data with relevant interstate and intrastate entities;

(c) Provide input and comment on community, tribal and federal plans, agreements and policies relating to illegal drug and substance abuse; and

(d) Coordinate public and private entities to develop, create and promote statewide campaigns to reduce or eliminate substance abuse.

History:

[67-821, added 2007, ch. 69, sec. 1, p. 183; am. 2012, ch. 107, sec. 14, p. 297.]
Idaho Code § 67-4917B — Idaho Code / Title 67 / Chapter 49 / Section 67-4917B
67-4917B HOTEL/MOTEL ROOM SALES TAX.
Status: in_force

67-4917B. Hotel/motel room sales tax. The board shall have power and authority to levy a sales tax of not to exceed five percent (5%) of the receipts derived by hotels and motels within the district from the furnishing of hotel and motel rooms, except no tax shall be imposed where residence therein is maintained continuously under the terms of a lease or similar agreement for a period in excess of thirty (30) days, and except that no tax shall be charged on the sale of rooms by the Idaho Ronald McDonald House; provided that for any auditorium district established after July 1, 2001, such sales tax shall not exceed the maximum tax rate authorized in the petition. The levy and collection of said sales tax shall not be subject to the limitations or other provisions of sections 67-4913, 67-4914, 67-4915 and 67-4916, Idaho Code. The revenues received by the district from such sales tax shall be deposited in the depository of the district. Promptly following the adoption by the board of the resolution to levy such tax, the secretary of the board shall certify to the state tax commission that such levy has been adopted and shall state the effective date thereof and shall transmit to the commission a certified copy of such resolution. The effective date of any such levy shall not be earlier than the first day of the month not less than sixty (60) days following certification of such levy to the commission.

History:

[67-4917B, added 1978, ch. 277, sec. 2, p. 674; am. 1987, ch. 70, sec. 10, p. 136; am. 1988, ch. 174, sec. 4, p. 305; am. 1995, ch. 219, sec. 1, p. 762; am. 2001, ch. 258, sec. 6, p. 931.]
Idaho Code § 67-106 — Idaho Code / Title 67 / Chapter 1 / Section 67-106
67-106 POWERS OF OFFICERS OF POLITICAL SUBDIVISIONS AT EMERGENCY TEMPORARY LOCATION — VALIDITY OF ACTS.
Status: in_force

67-106. Powers of officers of political subdivisions at emergency temporary location — Validity of acts. During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this state shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative, and judicial powers and functions conferred upon such body and officers by or under the laws of this state. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.

History:

[67-106, added 1961 (E.S.), ch. 3, sec. 5, p. 18.]
Idaho Code § 67-7442 — Idaho Code / Title 67 / Chapter 74 / Section 67-7442
67-7442 OPEN PUBLIC MEETINGS OF THE COMMISSION.
Status: in_force

67-7442. Open public meetings of the commission. All meetings of the commission shall be open to the public and all persons shall be permitted to attend any meeting except as otherwise provided by law; provided, however, that the commission may meet in executive session to:

(1) Evaluate the confidential proprietary information provided as part of a major procurement proposal of a vendor, retailer or contractor; or

(2) Hear security and investigative information and recommendations brought before it by the director and director of security.

No executive session shall be held for the purpose of taking any final action or making any final decision.

History:

[67-7442, added 1988, ch. 232, sec. 2, p. 459; am. 1989, ch. 352, sec. 26, p. 892.]
Idaho Code § 67-5413 — Idaho Code / Title 67 / Chapter 54 / Section 67-5413
67-5413 ACCEPTANCE OF FEDERAL ACTS.
Status: in_force

67-5413. Acceptance of federal acts. The state of Idaho and the commission for the blind and visually impaired hereby affirm their acceptance of the provisions and benefits of the act of Congress entitled, "The Randolph-Sheppard Act," P.L. 93-516, 93rd Congress, and "The Rehabilitation Act of 1973," as amended, P.L. 98-221, 98th Congress, and will observe and comply with all requirements of such acts, limited only by approved state plan and funding restrictions.

History:

[67-5413, added 1986, ch. 341, sec. 1, p. 846; am. 1994, ch. 159, sec. 7, p. 366.]
Idaho Code § 67-1024 — Idaho Code / Title 67 / Chapter 10 / Section 67-1024
67-1024 REGULATING CLAIMS REQUIRING PAYMENT IN ADVANCE.
Status: in_force

67-1024. Regulating claims requiring payment in advance. When an expenditure authorized to be made by any state department, body or officer is of such a nature as to require payment in advance of performance or delivery, then the right of the officer to obtain such service or property on behalf of or in the service of the state shall constitute a claim against the state to be presented and allowed as are other claims. The board of examiners may, in its discretion, prescribe policies and procedures with respect to the filing and allowance of such claims and the subsequent accounting therefor. Any money obtained upon such claim and not expended on behalf of or in the service of the state shall be repaid by the claimant to the state.

History:

[(67-1024) I.C. 67-1009, as added by 1939, ch. 197, sec. 1, p. 374; am. and redesig. 1994, ch. 181, sec. 18, p. 585; am. 2003, ch. 32, sec. 37, p. 141.]
Idaho Code § 67-2916 — Idaho Code / Title 67 / Chapter 29 / Section 67-2916
67-2916 REPORTS OF MURDERS.
Status: in_force

67-2916. Reports of murders. (1) As used in this section:

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

(b) "Murder" has the meaning provided in section 18-4003, Idaho Code.

(2) Any law enforcement agency within the state of Idaho having primary responsibility for the investigation of the case shall provide information relating to any suspected murder to the director within twenty-five (25) days after its discovery. The law enforcement agency shall submit the information on a form which shall be developed and provided by the director. The form shall contain only information necessary to aid law enforcement personnel in comparing murders and suspected murders and discovering those exhibiting similar characteristics. The director shall enter information submitted by an investigating agency into a file maintained and controlled by the director and shall compare such information to information on other murders or suspected murders, for the purpose of discovering similarities in criminal methods and suspect descriptions. The director shall advise the concerned investigating agencies if the director finds murders exhibiting similar criminal methods or suspect descriptions.

(3) When an investigating law enforcement agency terminates active investigation of a suspected murder due to an arrest having been made in the case, death of the primary suspect, or whatever other reason, the investigating agency shall so notify the director within thirty (30) days following such termination. Notification shall include the reason for terminating active investigation.

(4) All suspected murders coming under the jurisdiction of any law enforcement agency in the state of Idaho occurring less than one (1) year before the effective date of this section shall be reported to the director as provided in this section within sixty-five (65) days after the effective date of this section or thirty (30) days after the director provides forms for such purpose, whichever is later.

History:

[(67-2916) 1990, ch. 66, sec. 1, p. 145; am. and redesig. 1995, ch. 116, sec. 18, p. 396; am. 2000, ch. 469, sec. 15, p. 1465.]
Idaho Code § 67-5711D — Idaho Code / Title 67 / Chapter 57 / Section 67-5711D
67-5711D ENERGY SAVINGS PERFORMANCE CONTRACTS.
Status: in_force

67-5711D. Energy savings performance contracts. (1) Definitions. As used in this section:

(a) "Cost-savings measure" means any facility improvement, repair or alteration to an existing facility, or any equipment, fixture or furnishing to be added or used in any existing facility that is designed to reduce energy consumption and energy operating costs or increase the energy efficiency of facilities for their appointed functions that are cost effective. "Cost-savings measure" includes, but is not limited to, one (1) or more of the following:

(i) Procurement of low-cost energy supplies of all types, including electricity, natural gas and water;

(ii) Insulating the building structure or systems in the building;

(iii) Storm windows or doors, caulking or weather stripping, multiglazed windows or door systems, heat-absorbing or heat-reflective glazed and coated window and door systems, additional glazing, reductions in glass area or other window and door system modifications that reduce energy consumption;

(iv) Automated or computerized energy control systems;

(v) Heating, ventilation or air conditioning system modifications or replacements;

(vi) Replacing or modifying lighting fixtures to increase the energy efficiency of the lighting system;

(vii) Energy recovery systems;

(viii) Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings;

(ix) Installing new or modifying existing day lighting systems;

(x) Installing or modifying renewable energy and alternate energy technologies;

(xi) Building operation programs that reduce energy costs including, but not limited to, computerized programs, training and other similar activities;

(xii) Steam trap improvement programs that reduce energy costs;

(xiii) Devices that reduce water consumption; and

(xiv) Any additional building infrastructure improvements that produce energy cost savings, significantly reduce energy consumption or increase the energy efficiency of the facilities for their appointed functions and are in compliance with all applicable state building codes.

(b) "Director" means the director of the department of administration or the director's designee.

(c) "Energy cost savings" means any expenses that are eliminated or avoided on a long-term basis as a result of equipment installed or modified, or services performed by a qualified energy service company or a qualified provider, but does not include merely shifting personnel costs or similar short-term cost savings.

(d) "Financial grade energy audit" means a comprehensive building energy systems audit performed by a professional engineer licensed in the state of Idaho for the purpose of identifying and documenting feasible energy and resource conservation measures and cost-savings factors.

(e) "Performance contract" means a contract between the director or the public entity and a qualified provider or a qualified energy service company for evaluation, recommendation and implementation of one (1) or more cost-savings measures. A performance contract may be structured as either:

(i) A guaranteed energy savings performance contract, which shall include, at a minimum, the design and installation of equipment and, if applicable, operation and maintenance of any of the measures implemented. Guaranteed annual savings must meet or exceed the total annual contract payments made by the director or the user agency or the public entity for such contract, including financing charges to be incurred over the life of the contract; or

(ii) A shared savings contract, which shall include provisions mutually agreed upon by the director and the qualified provider or qualified energy service company as to the rate of payments based upon energy cost savings and a stipulated maximum energy consumption level over the life of the contract.

(f) "Person" means an individual, corporation, partnership, firm, association, limited liability company, limited liability partnership or other such entity as recognized by the state of Idaho.

(g) "Public entity" means the cities, counties and school districts or any political subdivision within the state of Idaho.

(h) "Qualified energy service company" means a person with a record of established projects or with demonstrated technical, operational, financial and managerial capabilities to implement performance contracts and who currently holds an Idaho public works contractor license appropriate for the work being performed.

(i) "Qualified provider" means a person who is experienced in the design, implementation and installation of energy efficiency and facility improvement measures, who has the ability to secure necessary financial measures to support energy savings guarantees and the technical capabilities to ensure such measures generate energy cost savings, and who currently holds an Idaho public works contractor license appropriate for the work being performed.

(2) Performance contracts. The director of the department of administration, subject to the approval of the permanent building fund advisory council, or any Idaho public entity may enter into a performance contract with a qualified provider or qualified energy service company to reduce energy consumption or energy operating costs. Cost-savings measures implemented under such contracts shall comply with all applicable state and local building codes.

(3) Requests for qualifications. The director of the department of administration or the public entity shall request qualifications from qualified providers and qualified energy service companies inviting them to submit information describing their capabilities in the areas of:

(a) Design, engineering, installation, maintenance and repairs associated with performance contracts;

(b) Experience in conversions to a different energy or fuel source, so long as it is associated with a comprehensive energy efficiency retrofit;

(c) Postinstallation project monitoring, data collection and reporting of savings;

(d) Overall project experience and qualifications;

(e) Management capability;

(f) Ability to assess the availability of long-term financing;

(g) Experience with projects of similar size and scope; and

(h) Other factors determined by the director or the public entity to be relevant and appropriate relating to the ability of the qualified provider or qualified energy service company to perform the project.

(4) Notice. Adequate public notice of the request for qualifications shall be given at least fourteen (14) days prior to the date set forth therein for the opening of the responses to the request for qualifications. Such notice may be provided electronically or by publication in a newspaper of general circulation in the area where the work is located.

(5) Public inspection. All records of the department or an agency or the public entity relating to the award of a performance contract shall be open to public inspection in accordance with the provisions of chapter 1, title 74, and section 67-9215, Idaho Code.

(6) Award of performance contract.

(a) The director or public entity shall select up to three (3) qualified providers or qualified energy service companies who have responded to the request for qualifications. Factors to be considered in selecting the successful qualified provider or qualified energy service company shall include, but not be limited to:

(i) Fee structure;

(ii) Contract terms;

(iii) Comprehensiveness of the proposal and cost-savings measures;

(iv) Experience of the qualified provider or qualified energy service company;

(v) Quality of the technical approach of the qualified provider or qualified energy service company; and

(vi) Overall benefits to the state or the public entity.

(b) Notwithstanding the provisions of section 67-5711C, Idaho Code, the director or the public entity may, following the request for qualifications and the expiration of the specified notice period, award the performance contract to the qualified provider or qualified energy service company which best meets the needs of the project and whose proposal may or may not represent the lowest cost among the proposals submitted pursuant to this section.

(c) Upon award of the performance contract, the successful qualified provider or qualified energy service company shall prepare a financial grade energy audit which, upon acceptance by the director or the public entity, shall become a part of the final performance contract.

(7) Installment payment and lease-purchase agreements. Pursuant to this section, the director or the public entity may enter into a performance contract, payments for which shall be made by the user agency or public entity. Such performance contracts may be financed as installment payment contracts or lease-purchase agreements for the purchase and installation of cost-savings measures. Financing implemented through another person other than the qualified provider or qualified energy service company is authorized.

(8) Terms of performance contract.

(a) Each performance contract shall provide that all payments between parties, except obligations upon termination of the contract before its expiration, shall be made over time and that the objective of such performance contract is the implementation of cost-savings measures and energy cost savings.

(b) A performance contract, and payments provided thereunder, may extend beyond the fiscal year in which the performance contract becomes effective, subject to appropriation by the legislature or by the public entity, for costs incurred in future fiscal years. The performance contract may extend for a term not to exceed twenty-five (25) years. The permissible length of the contract may also reflect the useful life of the cost-savings measures.

(c) Performance contracts may provide for payments over a period of time not to exceed deadlines specified in the performance contract from the date of the final installation of the cost-savings measures.

(d) Performance contracts entered pursuant to this section may be amended or modified, upon agreement by the director or the public entity and the qualified provider or qualified energy service company, on an annual basis.

(9) Monitoring and reports. During the term of each performance contract, the qualified provider or qualified energy service company shall monitor the reductions in energy consumption and cost savings attributable to the cost-savings measures installed pursuant to the performance contract and shall annually prepare and provide a report to the director or the public entity documenting the performance of the cost-savings measures.

History:

[67-5711D, added 2001, ch. 213, sec. 3, p. 841; am. 2004, ch. 15, sec. 1, p. 12; am. 2008, ch. 366, sec. 1, p. 1001; am. 2015, ch. 141, sec. 179, p. 521; am. 2016, ch. 289, sec. 16, p. 816.]
Idaho Code § 67-4606 — Idaho Code / Title 67 / Chapter 46 / Section 67-4606
67-4606 ACQUISITION OF PROPERTY.
Status: in_force

67-4606. Acquisition of property. (1) All lands, buildings, structures, sites or areas acquired by funds appropriated by a county or city shall be acquired in the name of the county or city unless otherwise provided by the governing board. So long as owned by the county or city, historic properties may be maintained by or under the supervision and control of the county or city. However, all lands, buildings or structures acquired by a historic preservation commission from funds other than those appropriated by a county or city may be acquired and held in the name of the historic preservation commission, the county or municipality, or both.

(2) Nothing in this chapter shall be construed to allow the designation, regulation, conditioning, restriction or acquisition of historic buildings, structures, sites or areas, or other properties or facilities owned by the state or any of its political subdivisions, agencies or instrumentalities.

History:

[67-4606, added I.C., sec. 67-4606, as added by 1975, ch. 142, sec. 2, p. 324; am. 2001, ch. 259, sec. 1, p. 932.]
Idaho Code § 67-7008 — Idaho Code / Title 67 / Chapter 70 / Section 67-7008
67-7008 CERTIFICATE OF NUMBER — EXPIRATION — FEES.
Status: in_force

67-7008. Certificate of number — Expiration — Fees. (1) Within fifteen (15) days after purchase, or as otherwise provided in this section, the owner of each vessel requiring numbering by the state of Idaho shall file an application for a certificate of number with an assessor or authorized vendor on forms provided by the department. The application shall be signed by the owner and shall be accompanied by the fee designated in this section. Upon receipt of an application in approved form and the appropriate fee, the assessor or authorized vendor shall enter the same on the records of its office and issue to the applicant two (2) validation stickers and a certificate of number, the receipt of any fee paid, and the name and address of the owner. The owner shall also receive a vessel number that shall be permanently assigned to the boat. The owner shall paint on or permanently attach to each side of the bow of the vessel the vessel number and validation sticker in a manner as may be prescribed by rules of the department in order that they may be completely visible, and the number shall be maintained in legible condition. The certificate of number shall be pocket-size and shall be on board and available at all times for inspection on the vessel for which issued whenever that vessel is in operation, except that livery operators may have the rental agreement on board rented vessels in lieu of the certificate of number.

(2) The owner of any vessel for which a current certificate of number has been issued pursuant to any federal law or a federally approved numbering system of another state shall, if the vessel is operated on the waters of this state in excess of sixty (60) days, make application for an Idaho certificate of number in the manner prescribed in this section. Each assessor and authorized vendor shall record, on a form provided by the department, the names of all owners of vessels who make application for certificates of number, together with the amount of the fees paid by the owners.

(3) All records of the department made or kept pursuant to this section shall be kept current and shall be public records.

(4) Every certificate of number issued shall continue in full force and effect through December 31 of the year displayed on the validation sticker unless sooner terminated or discontinued in accordance with law. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of them.

(5) The owner of any vessel shall notify the department within fifteen (15) days if his vessel is destroyed or abandoned, or if it is sold or transferred either wholly or in part to another person or persons, or if the owner's address no longer conforms to the address appearing on the certificate of number. In all such cases, the notice shall be accompanied by a surrender of the certificate of number. When the surrender of the certificate is by reason of the vessel being destroyed, abandoned or sold, the department shall cancel the certificate and enter that fact in its records. If the surrender is by reason of a change of address on the part of the owner, the new address shall be endorsed on the certificate and the certificate returned to the owner.

(6) Whenever the ownership of a vessel changes, the purchaser shall, within fifteen (15) days after acquisition, make application to the department for transfer to him of the certificate of number issued for the vessel, giving his name, address, and the vessel number and shall, at the same time, pay to the department a transfer fee of three dollars ($3.00). Upon receipt of the application and fee, the department shall transfer the certificate of number issued for the vessel to the new owner or owners. Unless the application is made and the fee paid within fifteen (15) days, the vessel shall be considered to be without a certificate of number.

(7) No numbers other than the validation stickers and vessel number issued to a vessel or granted by reciprocity pursuant to law shall be painted, attached, or otherwise displayed on either side of the bow of the vessel.

(8) If any certificate of number becomes lost, mutilated, or illegible, the owner of the vessel for which the same was issued shall obtain a duplicate of the certificate from the department upon application and the payment of a fee of three dollars ($3.00). If one or both validation stickers are lost, stolen, or destroyed, any sticker remnants and the certificate of number should be returned to the department along with a three-dollar ($3.00) fee and an application for a duplicate certificate of number and validation stickers.

(9) A person engaged in the manufacture or sale of vessels of a type otherwise required to be numbered by law may obtain, pursuant to regulations duly promulgated by the department, certificates of number for use in the testing or demonstration only of a vessel upon payment of thirteen dollars ($13.00) for each certificate. Certificates of number so issued may be used by the applicant in the testing or demonstration only of vessels by temporary placement of the numbers assigned by the certificates on the vessel tested or demonstrated and shall be issued and displayed as otherwise prescribed by this chapter or by regulation of the department.

(10) The fees for each calendar year shall be:

(a) Vessels 0-12 feet in length

(b) Vessels over 12 feet in length

plus $2.00 per foot for each additional foot

in excess of 12 feet.

(11) The provisions of subsection (10) of this section with respect to the amount of payment of fees shall not apply to vessels owned by any charitable or religious organization, scout organization or any similar organization not used and operated for profit. All vessels currently numbered by the state of Idaho and having paid the fees imposed by subsection (10) of this section shall not be assessed and taxed as personal property in the state of Idaho.

(12) The fee for vessels owned by any charitable or religious organization, scout organization or similar organization not used and operated for profit shall be two dollars ($2.00) per year.

(13) Each vessel number required by this section shall: be in plain vertical block characters of not less than three (3) inches in height; contrast with the color of the background; have spaces or hyphens that are equal to the width of a letter other than "I" or a number other than "1" between the letter and number groupings; be read from left to right; be maintained in legible condition; and be as high above the waterline as practicable without decreasing the visibility of the number.

(14) Manufacturers and dealers. When a vessel is used by a manufacturer or dealer for testing or demonstrating, the vessel number may be painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the vessel.

(15) Special circumstances. On vessels so configured that a vessel number on the hull or superstructure would not be easily visible, the vessel number shall be painted on or attached to a backing plate that is attached to the forward half of the vessel so that the vessel number is visible from each side of the vessel.

(16) Each vessel number issued according to this section shall consist of the prefix "ID," which denotes Idaho as the state of issuing authority, followed by not more than four (4) numerals followed by not more than two (2) capital letters; or by not more than three (3) numerals followed by not more than three (3) capital letters. A vessel number suffix may not include the letters "I," "O," or "Q," which may be mistaken for numerals.

(17) Validation stickers issued according to this section shall: be displayed within six (6) inches of and directly in line with the vessel number displayed on the vessel; be approximately three (3) inches square; and indicate the year in which each validation sticker expires by the colors green, red, blue, and international orange, in rotation beginning with green for stickers that expire in 1987.

(18) Validation stickers issued according to this section that have become invalid shall be removed from the vessel.

(19) Except as allowed in this chapter, each application for a certificate of number and each certificate of number referred to in this section shall contain: the number issued to the vessel; expiration date of the certificate; state of principal use; name of the owner; address of the owner, including ZIP code; whether the vessel is used for pleasure, rent or lease, dealer or manufacturer demonstration, commercial passenger carrying, commercial fishing, or other use; manufacturer's hull identification number, if any; make of the vessel; year the vessel was manufactured; overall length of the vessel; whether the vessel is an open boat, cabin cruiser, houseboat, or other type; hull material; whether the propulsion is inboard, outboard, inboard out-drive, or sail; whether the fuel is gasoline, diesel, or other; the number previously issued by an issuing authority for the vessel, if any; whether the application is for a new certificate of number, renewal of a certificate of number, or transfer of ownership; and the signature of the owner.

(20) A certificate of number issued to a manufacturer or dealer to be used on a vessel for test or demonstration purposes may omit the requirements of this chapter if the word "manufacturer" or "dealer" is plainly marked on the certificate.

(21) A certificate of number issued to a vessel that is to be rented or leased without propulsion machinery may omit the requirements of this chapter if the words "livery vessel" are plainly marked on the certificate.

(22) Each applicant for a certificate of number as prescribed in this section shall submit to the department or authorized vendor the bill of sale from the dealer or a bill of sale from the previous owner of the vessel and, if the vessel is homebuilt, a sworn statement attesting to the identity of the builder, the location or place of construction, the source of the material used for construction, and a description of the vessel. The statement must also be accompanied by any receipts received from the purchase or acquisition of the materials used in the construction of the vessel and a copy of the construction plans, if any; if the vessel has been rebuilt, it must contain a sworn statement attesting to the identity of the builder, the location or place of rebuilding, the source of the material used for rebuilding, and a description of the vessel. The statement must also be accompanied by any receipts received for the purchase or acquisition of the materials used in the rebuilding of the vessel and documentation indicating the source of the original hull and proof of ownership from the previous owner. If none of the documents listed in this subsection are available, the applicant must submit an affidavit of ownership to the department.

(23) Only those counties in the state with a boating improvement program recognized by the department shall be eligible to receive moneys from the state vessel account. A "boating improvement program" means that one (1) or more recognized boating facilities are being developed and/or maintained within the county's jurisdiction and/or that the county has or is actively developing a recognized boating law enforcement program.

(24) A boating improvement program is recognized if it contains one (1) or more boating facilities that are being maintained within the county's jurisdiction or boating facilities that are being developed within the county's jurisdiction. A boating facility is an improved public boating access site that includes at least an improved concrete or asphalt boat ramp and any type of parking area for vehicles and their attached boat trailers. "Being developed" means that substantiating evidence can and shall be presented in proof of the development and/or that the county has or is actively developing a boating law enforcement program. A boating law enforcement program is a program whereby an agent of the county sheriff's department is currently patrolling, or has in the recent past patrolled, the county's waterways and has enforced the provisions of this chapter. "Actively developing" means that substantiating evidence can and shall be presented in proof of the development.

History:

[67-7008, added 1986, ch. 207, sec. 2, p. 519; am. 1994, ch. 65, sec. 3, p. 130; am. 2007, ch. 240, sec. 1, p. 710; am. 2014, ch. 338, sec. 2, p. 839; am. 2022, ch. 218, sec. 3, p. 714; am. 2023, ch. 74, sec. 1, p. 250.]
Idaho Code § 67-4612 — Idaho Code / Title 67 / Chapter 46 / Section 67-4612
67-4612 SPECIAL RESTRICTIONS.
Status: in_force

67-4612. Special restrictions. In addition to any power or authority of a county or city to regulate by planning or zoning laws and regulations or by local laws and regulations, the governing body of any county or municipality is empowered to provide by ordinances, special conditions or restrictions for the protection, enhancement and preservation of historic properties; provided however, that nothing in this chapter shall authorize or be construed to allow the designation, regulation, conditioning or restriction by ordinance or other means of any property or facility owned by the state of Idaho.

History:

[67-4612, added I.C., sec. 67-4612, as added by 1975, ch. 142, sec. 2, p. 324; am. 2001, ch. 259, sec. 4, p. 934.]
Idaho Code § 67-4923 — Idaho Code / Title 67 / Chapter 49 / Section 67-4923
67-4923 NOTICE OF ELECTION.
Status: in_force

67-4923. Notice of election. The board of a district authorized to levy and collect property taxes shall prescribe the form of the notice of election, and direct the publication of the same, the first publication of said notice to be as prescribed in chapter 14, title 34, Idaho Code.

History:

[67-4923, added 1959, ch. 137, sec. 23, p. 299; am. 1987, ch. 70, sec. 16, p. 138; am. 1995, ch. 118, sec. 94, p. 505; am. 2009, ch. 341, sec. 151, p. 1073.]
Idaho Code § 67-2341 — Idaho Code / Title 67 / Chapter 23 / Section 67-2341
67-2341 PUBLIC CAMPING OR SLEEPING — PROHIBITIONS.
Status: in_force

67-2341. PUBLIC CAMPING OR SLEEPING — PROHIBITIONS. (1) Notwithstanding any provision of law to the contrary, public camping or sleeping as provided for in this section shall be unlawful in the state of Idaho. No city or single countywide highway district as defined in section 40-120, Idaho Code, shall authorize, permit, or enable public camping or sleeping as that term is defined in this section on public property, public building grounds, or public roads or rights-of-way within the jurisdiction of the city or the single countywide highway district. The provisions of this section shall not apply to or affect policies, rules, statutes, or leases regarding endowment lands, department of parks and recreation lands, or department of fish and game lands. The prohibitions against public camping or sleeping provided for in this section shall not apply to drivers of commercial vehicles or commercial motor vehicles as defined in section 49-123(2)(d), Idaho Code.

(2) For purposes of this section, "public camping or sleeping" means lodging or residing in a temporary outdoor habitation used as a dwelling, lodging, or living space, which includes sitting, lying, or sleeping for a prolonged amount of time, and may be evidenced by the erection of a tent or other temporary shelter, including a motor vehicle as defined in section 39-6501, Idaho Code, or a recreational vehicle as defined in section 49-119, Idaho Code, and may include but is not limited to the presence of bedding, pillows, cooking appliances, heat sources, the storage of personal belongings or food, or digging or earth breaking.

(3) Nothing in this section shall prohibit or prevent overnight camping for recreational or educational purposes on property designated for such purpose, authorized specific temporary events or activities, or authorized overnight parking at Idaho rest areas or private businesses in compliance with applicable established rules. Nothing in this section shall prohibit or restrict a city or single countywide highway district from maintaining and enforcing ordinances, rules, or laws that prohibit loitering, overnight camping, or other similar activities.

(4) The attorney general shall have the power to bring a civil action in any court of competent jurisdiction against any city or single countywide highway district to enjoin the city or countywide highway district from knowingly violating the provisions of this section. The attorney general may recover reasonable expenses incurred in any civil action brought under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs. Any city or single countywide highway district that violates the provisions of this section may be assessed a civil penalty of not more than ten thousand dollars ($10,000) for each violation. Cities or single countywide highway districts against whom civil penalties are assessed are liable for reasonable attorney's fees.

(5) The provisions of this section shall apply only to property within city limits for cities with a population of greater than or equal to one hundred thousand (100,000).

History:

[67-2341, added 2025, ch. 248, sec. 1, p. 1101.]
Idaho Code § 67-3502 — Idaho Code / Title 67 / Chapter 35 / Section 67-3502
67-3502 FORMAT AND PREPARATION OF ANNUAL BUDGET REQUESTS.
Status: in_force

67-3502. Format and preparation of annual budget requests. (1) In the preparation of a state budget, the administrator of the division of financial management shall, not later than the fifteenth day of July, have available for all departments, offices and institutions of the state government forms necessary to prepare budget requests. Such forms, whether in electronic or written format, shall be developed by the administrator of the division and the legislative services office to provide the following information:

(a) For the preceding fiscal year, each of the entities listed in this section shall report all moneys available to them regardless of source, including legislative appropriations, and their expenditures by fund and account category of all sums received from all sources, segregated as provided for on the forms;

(b) For the current fiscal year, each of the entities listed in this section shall report their estimates of all moneys available to them regardless of source, including legislative appropriations, and their estimated expenditures by fund and account category of all sums received from all sources, segregated as provided for on the forms, including a statement of the purposes for which anticipated moneys are expected to be expended;

(c) An estimate of appropriations needed for the succeeding fiscal year, showing each primary program or major objective as a separate item of the request and itemized by account category;

(d) A report concerning the condition and management of programs, program performance, and progress toward accomplishing program objectives; and

(e) A report that discloses any known future reductions or eliminations of federal moneys reported to the division of financial management under section 67-1910, Idaho Code, and the agency's plan for operating if there is a reduction of ten percent (10%) or more in the federal moneys that the state agency receives.

(2) The completed forms shall, not later than the first day of September, except with special permission and agreement of the administrator of the division of financial management and the director of the legislative services office, be filed in the office of the administrator of the division of financial management and the legislative services office. The department of administration's division of public works shall, as early as practicable and in any event no later than the fifteenth day of November, prepare and file in the office of the governor and the legislative services office upon the forms described in this section a report of all of the information required in this section. The judicial department shall include in its filing the budget request of the judicial council as submitted by the judicial council.

History:

[67-3502, added 1995, ch. 153, sec. 2, p. 621; am. 1999, ch. 37, sec. 2, p. 74; am. 2011, ch. 13, sec. 2, p. 41; am. 2015, ch. 307, sec. 3, p. 1210; am. 2020, ch. 61, sec. 1, p. 144; am. 2021, ch. 160, sec. 2, p. 443; am. 2024, ch. 132, sec. 1, p. 530.]
Idaho Code § 67-8717 — Idaho Code / Title 67 / Chapter 87 / Section 67-8717
67-8717 LIEN OF PLEDGE.
Status: in_force

67-8717. Lien of pledge. A pledge of sales tax revenues made by the authority is binding from the time the pledge is made. Sales tax revenues so pledged and thereafter received by the authority are immediately subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of a pledge is binding against all parties having claims against the authority of any kind in tort, contract, or otherwise, regardless of whether the parties have notice of the lien and notwithstanding any other law relating to the creation, priority, perfection or enforcement of pledges or liens or otherwise. Neither the resolution nor any other instrument by which a pledge is created must be filed or recorded except in the records of the authority.

History:

[67-8717, added 2001, ch. 130, sec. 1, p. 458.]
Idaho Code § 67-818A — Idaho Code / Title 67 / Chapter 8 / Section 67-818A
67-818A STATE HISTORIC PRESERVATION PROGRAM.
Status: in_force

67-818A. state historic preservation program. (1) There shall be a state historic preservation officer who shall be appointed by the governor, serve at the pleasure of the governor, and be qualified by reason of education, training, experience, and demonstrated ability to fill the position. The compensation for the state historic preservation officer shall be set by the governor.

(2) The state historic preservation officer may employ staff as necessary for the purpose of administering a state historic preservation program in accordance with the requirements set forth by the national historic preservation act.

(3) The state historic preservation program shall be within the office of species, minerals, and energy coordination. Such office is authorized to and shall administer and enforce the provisions of this section and the national historic preservation act, not to exceed the standards required by federal law.

(4) The state historic preservation officer shall appoint an adequate and qualified state historic preservation review board in accordance with the national historic preservation act.

History:

[67-818A, added 2026, ch. 296, sec. 1, p. 1220.]
Idaho Code § 67-458 — Idaho Code / Title 67 / Chapter 4 / Section 67-458
67-458 DEFINITIONS.
Status: in_force

67-458. Definitions. For the purposes of sections 67-457 through 67-464, Idaho Code:

(1) "Committee" means the joint legislative oversight committee.

(2) "Performance audit or evaluation" shall mean an examination of the effectiveness of the administration, the efficiency and the adequacy of such administration in terms of the programs of the state agency authorized by law to be performed. Such examinations shall include, but not be limited to:

(a) How effectively the programs are administered;

(b) Benefits of each program in relation to the expenditures;

(c) Goals of the programs;

(d) Development of indicators by which the success or failure of a program may be gauged;

(e) Conformity of programs with legislative intent;

(f) Assistance to legislative committees dealing with specific programs;

(g) Impact of federal grant-in-aid programs on agency programs.

(3) "State agency" means each state board, commission, department, office or institution, educational or otherwise, of the state of Idaho. State agency shall also mean any city, county, district or other political subdivision of the state created by statute which has the authority to levy, collect and spend tax moneys.

History:

[67-458, added 1993, ch. 327, sec. 3, p. 1191; am. 1996, ch. 65, sec. 2, p. 189.]
Idaho Code § 67-4225 — Idaho Code / Title 67 / Chapter 42 / Section 67-4225
67-4225 PARK AND RECREATION FUND.
Status: in_force

67-4225. Park and recreation fund. There is hereby created in the state treasury a fund to be known as the "park and recreation fund," which shall consist of all moneys received from the granting of concessions, the charging of rentals or other amounts received from whatever source by the state park and recreation department. The legislature shall appropriate all funds in the park and recreation fund. All moneys in the park fund, which is hereby abolished, on the effective date of this act shall be credited to the park and recreation fund.

History:

[67-4225, added 1965, ch. 85, sec. 8, p. 139; am. 1972, ch. 65, sec. 8, p. 108.]
Idaho Code § 67-5339 — Idaho Code / Title 67 / Chapter 53 / Section 67-5339
67-5339 LOAN REPAYMENT PROGRAM.
Status: in_force

67-5339. loan repayment program. (1) There is hereby created an educational loan repayment program for eligible physicians, psychologists, and mid-level practitioners at state hospital north, state hospital south, and state hospital west.

(2) For purposes of this section, the following definitions shall apply:

(a) "Mid-level practitioner" means a position at a state hospital that is licensed as a nurse practitioner pursuant to chapter 14, title 54, Idaho Code, or as a physician assistant pursuant to chapter 18, title 54, Idaho Code.

(b) "Physician" means a physician at a state hospital who is licensed to practice medicine pursuant to chapter 18, title 54, Idaho Code.

(c) "Psychologist" means a psychologist at a state hospital who is licensed to practice psychology pursuant to chapter 23, title 54, Idaho Code.

(3) The educational loan repayment program shall be subject to appropriation by the Idaho legislature.

(4) The educational loan repayment program shall be limited to the repayment of outstanding loans accrued prior to employment in a qualifying job class for undergraduate, graduate and medical school incurred by physicians, psychologists or mid-level practitioners who are eligible for the program under the provisions of this section.

(5) There is hereby created a state hospital governing body. The state hospital governing body shall have the responsibility to oversee the educational loan repayment program and the authority to offer loan repayment disbursements under the program and shall annually review each loan repayment agreement entered into pursuant to subsection (6) of this section and determine whether continuation of the loan repayment program for each participating employee shall occur based on the number of program participants and the availability of funds. The state hospital governing body shall consist of the administrator of the division of behavioral health, the hospital administrator of state hospital south, the president of the medical staff at state hospital south, the hospital administrator of state hospital north, and the hospital administrator of state hospital west. The administrator of the division of behavioral health shall be the chair of the state hospital governing body.

(6) Employees eligible for loan repayment under the provisions of this section shall be required to enter into an agreement with the state hospital governing body each year a loan repayment disbursement is offered. The agreement shall include, but not be limited to, the following:

(a) Disclosure of the employee's current student loan balance;

(b) Affirmation by the hospital that the employee has provided no less than two thousand eighty (2,080) credited state service hours prior to first disbursement and that the employee has obtained satisfactory performance standards during this time;

(c) Affirmation that any subsequent disbursements occur one (1) year or two thousand eighty (2,080) credited state service hours after the previous disbursement and that the employee has obtained satisfactory performance standards during this time; and

(d) Confirmation that any prior disbursements made under this program were used to pay outstanding student loans.

(7) Loan repayment disbursements made pursuant to this section shall be limited to a period of four (4) years.

(8) Loan repayment disbursements made pursuant to this section shall be made as follows:

(a) For physician reimbursements, a single yearly reimbursement may be made to or on behalf of an eligible physician, not to exceed:

(i) Fifteen thousand dollars ($15,000) for the employee's first year of eligibility;

(ii) Fifteen thousand dollars ($15,000) for the employee's second year of eligibility;

(iii) Twenty thousand dollars ($20,000) for the employee's third year of eligibility; and

(iv) Twenty-five thousand dollars ($25,000) for the employee's fourth year of eligibility.

(b) For psychologist reimbursements, a single yearly reimbursement may be made to or on behalf of an eligible psychologist, not to exceed:

(i) Ten thousand dollars ($10,000) for the employee's first year of eligibility;

(ii) Ten thousand dollars ($10,000) for the employee's second year of eligibility;

(iii) Fifteen thousand dollars ($15,000) for the employee's third year of eligibility; and

(iv) Fifteen thousand dollars ($15,000) for the employee's fourth year of eligibility.

(c) For mid-level practitioner reimbursements, a single yearly reimbursement may be made to or on behalf of an eligible mid-level practitioner, not to exceed:

(i) Ten thousand dollars ($10,000) for the employee's first year of eligibility;

(ii) Ten thousand dollars ($10,000) for the employee's second year of eligibility;

(iii) Fifteen thousand dollars ($15,000) for the employee's third year of eligibility; and

(iv) Fifteen thousand dollars ($15,000) for the employee's fourth year of eligibility.

History:

[67-5339, added 2014, ch. 279, sec. 1, p. 705; am. 2022, ch. 60, sec. 7, p. 189.]
Idaho Code § 67-4707 — Idaho Code / Title 67 / Chapter 47 / Section 67-4707
67-4707 FUNDS OF DEPARTMENT.
Status: in_force

67-4707. Funds of department. When federal or other funds are received by the department, they shall be promptly transferred to the state treasurer and thereafter be expended only upon the approval of the director.

History:

[67-4707, added 1980, ch. 361, sec. 9, p. 943; am. 1985, ch. 160, sec. 10, p. 433.]
Idaho Code § 67-6528 — Idaho Code / Title 67 / Chapter 65 / Section 67-6528
67-6528 APPLICABILITY OF ORDINANCES.
Status: in_force

67-6528. Applicability of ordinances. The state of Idaho, and all its agencies, boards, departments, institutions, and local special purpose districts, shall comply with all plans and ordinances adopted under this chapter unless otherwise provided by law. In adoption and implementation of the plan and ordinances, the governing board or commission shall take into account the plans and needs of the state of Idaho and all agencies, boards, departments, institutions, and local special purpose districts. The provisions of plans and ordinances enacted pursuant to this chapter shall not apply to transportation systems of statewide importance as may be determined by the Idaho transportation board. The Idaho transportation board shall consult with the local agencies affected specifically on site plans and design of transportation systems within local jurisdictions. If a public utility has been ordered or permitted by specific order, pursuant to title 61, Idaho Code, to do or refrain from doing an act by the public utilities commission, any action or order of a governmental agency pursuant to titles 31, 50 or 67, Idaho Code, in conflict with said public utilities commission order, shall be insofar as it is in conflict, null and void if prior to entering said order, the public utilities commission has given the affected governmental agency an opportunity to appear before or consult with the public utilities commission with respect to such conflict.

History:

[67-6528, added I.C., sec. 67-6528, as added by 1975, ch. 188, sec. 2, p. 515.]
Idaho Code § 67-5604 — Idaho Code / Title 67 / Chapter 56 / Section 67-5604
67-5604 EMPLOYEES.
Status: in_force

67-5604. Employees. The commission shall employ, and at pleasure remove an executive director. The executive director shall be the chief executive officer of the commission. The director may, subject to the approval of the commission, employ and remove any consultants, experts or other employees as may be needed. The executive director shall set the compensation for all nonclassified employees within the amounts made available for such purposes.

History:

[67-5604, added 1967, ch. 48, sec. 4, p. 90; am. 1978, ch. 303, sec. 3, p. 761; am. 2004, ch. 231, sec. 3, p. 678.]
Idaho Code § 67-4221 — Idaho Code / Title 67 / Chapter 42 / Section 67-4221
67-4221 PARK AND RECREATION BOARD — MEMBERS — APPOINTMENT — TERMS — HONORARIUMS AND EXPENSES — MEETINGS AND QUORUMS — REMOVAL OF MEMBERS.
Status: in_force

67-4221. Park and recreation board — Members — Appointment — Terms — Honorariums and expenses — Meetings and quorums — Removal of members. (a) There is hereby created a governing authority of the department to consist of a board of six (6) persons to be known as the "park and recreation board." Each member of the board shall be appointed by the governor of the state of Idaho, with the advice and consent of the senate, to serve a term of six (6) years, except the terms of the initial appointees shall commence on the date of appointment and shall be of staggered lengths so that a term of one (1) member will expire annually. Each member of the board shall be a qualified elector of the state. One (1) member of the board shall be appointed from each of the six (6) districts hereinafter created. Not more than three (3) members of the board shall be from any one (1) political party.

(b) For the purposes of this act, the state of Idaho is divided into six (6) districts, numbered from one (1) to six (6) as follows:

District No. 1 shall consist of the counties of Boundary, Bonner, Kootenai, Benewah and Shoshone.

District No. 2 shall consist of the counties of Latah, Clearwater, Nez Perce, Lewis and Idaho.

District No. 3 shall consist of the counties of Adams, Valley, Washington, Payette, Gem, Boise, Canyon, Ada, Elmore and Owyhee.

District No. 4 shall consist of the counties of Camas, Blaine, Gooding, Lincoln, Jerome, Minidoka, Twin Falls and Cassia.

District No. 5 shall consist of the counties of Bingham, Power, Bannock, Caribou, Oneida, Franklin, and Bear Lake.

District No. 6 shall consist of the counties of Lemhi, Custer, Clark, Fremont, Butte, Jefferson, Madison, Teton and Bonneville.

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

(d) Each board member shall be entitled to one (1) vote and a majority of the members of the board shall constitute a quorum. The board shall hold regular meetings at least once each three (3) months and shall hold special meetings at such times as it deems necessary. All meetings of the board shall be open to the public. The board shall keep a record of its proceedings.

(e) A member of the board may be removed for inefficiency, neglect of duty, misconduct in office or if he is no longer a resident of the district from which he was appointed.

(f) This section shall be exempt from the provisions of section 59-102, Idaho Code.

History:

[67-4221, added 1965, ch. 85, sec. 4, p. 139; am. 1972, ch. 65, sec. 4, p. 108; am. 1973, ch. 160, sec. 1, p. 305; am. 1978, ch. 373, sec. 1, p. 978; am. 1980, ch. 247, sec. 83, p. 648; am. 1991, ch. 156, sec. 1, p. 372.]
Idaho Code § 67-1001 — Idaho Code / Title 67 / Chapter 10 / Section 67-1001
67-1001 DUTIES OF CONTROLLER.
Status: in_force

67-1001. Duties of controller. It is the duty of the state controller:

(1) To superintend the fiscal concerns of the state, with its accounting, informational, payroll, and related data processing services.

(2) To deliver to the governor and the legislative services office on or before the first day of January a financial statement that complies with generally accepted accounting principles of the funds of the state, its revenues, and of the public expenditures during the preceding fiscal year.

(3) When requested, to give information in writing to either house of the legislature relating to the fiscal affairs of the state or the duties of his office.

(4) To suggest plans and provide internal control standards for the improvement and management of the public revenues, assets, expenditures, and liabilities.

(5) To keep and state all funds in which the state is interested.

(6) To keep an account of all warrants drawn upon the treasurer, and a separate account under the head of each specified appropriation, showing at all times the unexpended balance of such appropriation.

(7) To keep an account between the state and the treasurer and therein to charge the treasurer with the balance in the treasury when he came into office and with all moneys received by him and to credit him with all warrants drawn on and paid by him.

(8) To keep a register of warrants showing the fund or funds upon which they are drawn, the number, in whose favor, the appropriation applicable to the payment thereof, and when the liability accrued.

(9) To examine and settle the accounts of all persons indebted to the state.

(10) In his discretion, to require any person presenting an account for settlement to be sworn before him and to answer, orally or in writing, as to any facts relating to the account for settlement.

(11) To require all persons who have received any moneys belonging to the state, and have not accounted therefor, to settle their accounts.

(12) To account for the collection of all moneys due the state that are not the responsibility of any other agency and institute suits in its name for all official delinquencies in relation to assessment, collection and payment of the revenue, against persons who by any means have become possessed of public money or property and fail to pay over or deliver the same, and against all debtors of the state, of which suits the courts of Ada county have jurisdiction, without regard to the residence of the defendants.

(13) To draw warrants on the treasurer for the payment of moneys directed by law to be paid out of the treasury; but no warrant must be drawn unless authorized by law.

(14) To furnish the state treasurer with a daily total dollar amount, by fund and/or account when requested by the state treasurer, of warrants drawn upon the treasury.

(15) To authenticate with his signature, his electronic signature, or his facsimile signature all warrants drawn by him and all copies of official documents issued from his office.

(16) To charge the state treasurer with money and evidences of indebtedness received from, and to credit him for money drawn by, the state board of land commissioners in the moneys or accounts over which said board has control.

(17) To act ex officio as member of the state board of canvassers and state board of land commissioners, secretary of the state board of examiners, and participant in other organizations in the performance of such duties as prescribed by law for such officer.

(18) To create and establish such divisions and other administrative units within the office as necessary.

(19) To be the official repository of all audit reports of the state and political subdivisions that are required to be audited pursuant to sections 67-450B, 67-450C, and 67-450D, Idaho Code.

(20) To store, maintain, and publish a current list of agreements entered into by state officers and agencies pursuant to section 67-1085, Idaho Code.

(21) To store, maintain, and publish a current list of asset forfeitures pursuant to section 37-2744, Idaho Code.

History:

[67-1001, added (See 1865, p. 190, sec. 3, 4) R.S., sec. 205; 1899, p. 254; 1903, p. 149 (R.C., sec. 279-281); 1905, p. 386 (R.C., sec. 170-188); first 17 subds. compiled and reen. R.C., sec. 102; reen. C.L., sec. 102. Eighteenth subd. based upon 1909, p. 360, especially sec. 3; compiled and reen. C.L., sec. 102, subd. 18. Nineteenth subd., 1913, ch. 15, sec. 1, p. 55; reen. C.L., sec. 102, subd. 19. Twentieth subd., 1913, ch. 111, sec. 1, p. 431; reen. C.L., sec. 102, subd. 20 repealed by 1919, ch. 8, p. 43; C.S., sec. 141; am. 1929, ch. 239, sec. 1, p. 463; I.C.A., sec. 65-901; am. 1976, ch. 42, sec. 7, p. 95; am. 1977, ch. 223, sec. 1, p. 667; am. 1978, ch. 68, sec. 1, p. 137; am. 1980, ch. 84, sec. 1, p. 184; am. 1994, ch. 181, sec. 7, p. 581; am. 2003; ch. 4, sec. 1, p. 7; am. 2021, ch. 89, sec. 21, p. 315; am. 2021, ch. 160, sec. 12, p. 450; am. 2023, ch. 52, sec. 1, p. 199; am. 2026, ch. 168, sec. 1, p. 790.]
Idaho Code § 67-5205 — Idaho Code / Title 67 / Chapter 52 / Section 67-5205
67-5205 FORMAT — COSTS — DISTRIBUTION — FUNDS.
Status: in_force

67-5205. Format — Costs — Distribution — Funds. (1) The administrative code and the permanent supplements thereto shall be published in such a manner that every agency has an opportunity to procure, at reasonable cost from the coordinator, individual electronic copies of the rules and statements of policy of such agency published by authority of this chapter. No administrative rule or statement of policy published in the administrative code or the permanent supplements shall be reset or otherwise reprinted at public expense upon a format distinct from that of the administrative code without a certification by the coordinator that such special format is necessary for the effective performance by the agency of its functions.

(2) The prices to be charged for individual electronic copies of and subscriptions to the administrative code, the permanent supplements thereto and the bulletin, and for rules and statements of policy, which prices may be fixed without reference to the restrictions placed upon and fixed for the sale of other publications of the state shall be set by rules promulgated by the coordinator. The coordinator may set prices without reference to the restrictions placed upon the sale of other publications of the state.

(3) The coordinator shall provide to the legislature free electronic copies of all rules subject to review by the legislature pursuant to section 67-5291, Idaho Code, and may distribute other free electronic copies for official use.

(4) Without limiting the generality of the provisions of subsection (2) of this section, the rules of the coordinator may provide for volume discounts to be available to established law book publishers who agree to incorporate fully administrative rules, the permanent supplements thereto and the bulletin into their general scheme of promotion and distribution, and may provide for the free reciprocal exchange of publications between this state and other states and foreign jurisdictions. The provisions of this section include the authority to exchange, display, access and publish texts through electronic media.

(5) There is hereby created in the state treasury the administrative code fund. All moneys received from the production of rules, the sale of the administrative code, the permanent supplements thereto, or the bulletin, and for providing electronic access, shall be deposited in the fund. All agencies that have any material published electronically in the bulletin, administrative code or supplements thereto, or newspapers, are hereby authorized and directed to pay out of their appropriations to the coordinator their respective shares of the costs of such publication and distribution of such material. All moneys placed in the fund may be appropriated to the coordinator for the administration of the provisions of this chapter and for the publication and distribution of the bulletin, administrative code or supplements thereto, as authorized in this chapter.

(6)(a) The coordinator shall charge each participating agency as follows:

(i) An annual fee for each page published electronically in the administrative code, not to exceed fifty-six dollars ($56.00) per page.

(ii) A fee for each page published electronically in the bulletin, not to exceed sixty-one dollars ($61.00) per page. A fee per page may be charged even though less than a full page of publication is required, however, there shall be no fee associated with any portion of a publication necessitated by or pertaining to the removal of a rule or a reduction of the regulatory obligation imposed by a rule.

(b) Each participating agency shall promptly pay into the administrative code fund such charge.

History:

[67-5205, added 1992, ch. 263, sec. 6, p. 790; am. 1993, ch. 245, sec. 2, p. 854; am. 1994, ch. 371, sec. 2, p. 1195; am. 1996, ch. 159, sec. 23, p. 525; am. 1996, ch. 161, sec. 4, p. 533; am. 1996, ch. 162, sec. 1, p. 540; am. 2006, ch. 235, sec. 32, p. 719; am. 2008, ch. 13, sec. 2, p. 18; am. 2010, ch. 20, sec. 3, p. 35; am. 2016, ch. 185, sec. 1, p. 497; am. 2019, ch. 329, sec. 1, p. 980.]
Idaho Code § 67-9707 — Idaho Code / Title 67 / Chapter 97 / Section 67-9707
67-9707 RECORDING OF AGRICULTURAL PROTECTION AREAS.
Status: in_force

67-9707. RECORDING OF AGRICULTURAL PROTECTION AREAS. (1) In order to give constructive notice of the existence of an agricultural protection area designation to all persons who have, may acquire, or may seek to acquire an interest in land in or adjacent to the agricultural protection area, within ten (10) days of the creation of the agricultural protection area, the applicable clerk of the board of county commissioners shall file an executed document with the county recorder containing:

(a) The date of creation or dissolution of the agricultural protection area by the board of county commissioners;

(b) A legal description of the parcel or parcels of real property to be included in the agricultural protection area that is available through the county recorder's office; and

(c) A record of the findings of the agricultural protection area commission and decision of the board of county commissioners.

(2) The applicable governing body's failure to record the agricultural protection area does not invalidate the decision to create or dissolve an agricultural protection area.

History:

[67-9707, added 2024, ch. 215, sec. 1, p. 764.]
Idaho Code § 67-4926 — Idaho Code / Title 67 / Chapter 49 / Section 67-4926
67-4926 CORRECTION OF FAULTY NOTICES.
Status: in_force

67-4926. Correction of faulty notices. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice has been properly given in the first instance.

History:

[67-4926, added 1959, ch. 137, sec. 26, p. 299.]
Idaho Code § 67-5333A — Idaho Code / Title 67 / Chapter 53 / Section 67-5333A
67-5333A SICK LEAVE TRANSFERRED — PUBLIC EDUCATION ENTITY AND STATE EDUCATIONAL AGENCY.
Status: in_force

67-5333A. sick leave transferred — PUBLIC EDUCATION ENTITY AND STATE EDUCATIONAL AGENCY. Any employee who becomes an eligible employee of a state educational agency immediately following termination of employment with a public education entity shall be credited by the state of Idaho with the amount of any unused sick leave previously accrued upon commencement of state educational agency employment. Any employee who becomes an eligible employee of a public education entity immediately following termination of state educational agency employment shall be credited by the public education entity with the amount of sick leave accrued upon commencement of public education entity employment. After such transfer, the use of sick leave shall be governed by the laws, rules and policies applicable to the state educational agency or public education entity thereafter employing such employee.

History:

[67-5333A, added 2012, ch. 138, sec. 1, p. 365; am. 2016, ch. 199, sec. 2, p. 559.]
Idaho Code § 67-5504 — Idaho Code / Title 67 / Chapter 55 / Section 67-5504
67-5504 STATE EMERGENCY RESOURCE PLANNING COMMITTEE — MEMBERS — STATE EMERGENCY PLANNING DIRECTOR.
Status: in_force

67-5504. State emergency resource planning committee — Members — State emergency planning director. (a) The governor may establish a state emergency resource planning committee (hereinafter referred to as the "state committee") and the office of state emergency planning director (hereinafter referred to as the "director"), and appoint to serve at his pleasure the members of such state committee and the director.

(b) The state committee shall consist of the governor, who shall be chairman, the director, other state officials designated by the governor, and persons representative of industry, commerce, labor, agriculture, civic, governmental, and professional groups designated by the governor. In the absence of the governor, the director shall act as chairman.

History:

[67-5504, added 1967, ch. 57, sec. 4, p. 116.]
Idaho Code § 67-511 — Idaho Code / Title 67 / Chapter 5 / Section 67-511
67-511 EFFECT OF AMENDMENT.
Status: in_force

67-511. Effect of amendment. Where a section or part of a statute is amended, it is not to be considered as having been repealed and reenacted in the amended form; but the portions which are not altered are to be considered as having been the law from the time when they were enacted and the new provisions are to be considered as having been enacted at the time of the amendment.

History:

[(67-511) R.S., sec. 157; reen. R.C. & C.L., sec. 72; C.S., sec. 114; I.C.A., sec. 65-511.]
Idaho Code § 67-7101 — Idaho Code / Title 67 / Chapter 71 / Section 67-7101
67-7101 DEFINITIONS.
Status: in_force

67-7101. Definitions. In this chapter:

(1) "All-terrain vehicle" or "ATV" means any recreational motor vehicle designed for or capable of traveling off developed roadways and highways with three (3) or more tires and fifty-five (55) inches or less in width, with a wheelbase of sixty-one (61) inches or less, and with handlebar steering and a seat designed to be straddled by the operator.

(2) "Board" means the park and recreation board created under authority of section 67-4221, Idaho Code.

(3) "Bona fide snowmobile program" means services or facilities as approved by the department that will benefit snowmobilers such as snowmobile trail grooming, plowing and maintaining snowmobile parking areas and facilities, and trail signing.

(4) "Dealer" means any person who engages in the retail sale of or rental of snowmobiles, motorbikes, utility type vehicles or all-terrain vehicles.

(5) "Department" means the Idaho department of parks and recreation.

(6) "Designated parking area" means an area located, constructed, maintained, and signed with the approval of the land manager or owner.

(7) "Director" means the director of the department of parks and recreation.

(8) "Highway." (See section 40-109, Idaho Code, but excepting public roadway as defined in this section)

(9) "Motorbike" means any self-propelled two (2) wheeled motorcycle or motor-driven cycle, excluding tractors, designed for or capable of traveling off developed roadways and highways and also referred to as trailbikes, enduro bikes, trials bikes, motocross bikes or dual purpose motorcycles.

(10) "Off-highway vehicle" or "OHV" means an all-terrain vehicle, motorbike, specialty off-highway vehicle or utility type vehicle as defined in this section.

(11) "Operator" means any person who is in physical control of a motorbike, all-terrain vehicle, utility type vehicle, specialty off-highway vehicle or snowmobile.

(12) "Owner" means every person holding record title to a motorbike, all-terrain vehicle, utility type vehicle, specialty off-highway vehicle or snowmobile and entitled to the use or possession thereof, other than a lienholder or other person having a security interest only.

(13) "Person" means an individual, partnership, association, corporation, or any other body or group of persons, whether incorporated or not, and regardless of the degree of formal organization.

(14) "Public roadway" means all portions of any highway controlled by an authority other than the Idaho transportation department.

(15) "Snowmobile" means any self-propelled vehicle under two thousand (2,000) pounds unladened gross weight, designed primarily for travel on snow or ice or over natural terrain, that may be steered by tracks, skis, or runners.

(16) "Specialty off-highway vehicle" means any vehicle manufactured, designed or constructed exclusively for off-highway operation that does not fit the definition of an all-terrain vehicle, utility type vehicle or motorbike as defined in this section. The vehicle classification provided for in this subsection shall become effective on January 1, 2010.

(17) "Utility type vehicle" or "UTV" means any recreational motor vehicle other than an ATV, motorbike or snowmobile as defined in this section, designed for and capable of travel over designated roads, traveling on four (4) or more tires and having a maximum width less than eighty (80) inches. A utility type vehicle must have a minimum width of fifty (50) inches and a minimum weight of at least nine hundred (900) pounds. Utility type vehicle does not include golf carts, vehicles specially designed to carry a disabled person, implements of husbandry as defined in section 49-110(2), Idaho Code, or vehicles otherwise registered under title 49, Idaho Code. A "utility type vehicle" or "UTV" also means a recreational off-highway vehicle or ROV.

(18) "Vendor" means any entity authorized by the department to sell recreational certificates of number and nonresident user certificates.

(19) "Winter recreational parking locations" means designated parking areas established and maintained with funds acquired from the cross-country skiing recreation account.

History:

[(67-7101) 49-2603, added 1969, ch. 338, sec. 3, p. 1061; am. 1982, ch. 95, sec. 118, p. 185; am. 1983, ch. 239, sec. 1, p. 644; am. 1986, ch. 323, sec. 1, p. 790; am. and redesig. 1988, ch. 265, sec. 532, p. 843; am. 1989, ch. 106, sec. 1, p. 239; am. 1990, ch. 391, sec. 4, p. 1096; am. 2003, ch. 87, sec. 3, p. 268; am. 2006, ch. 42, sec. 1, p. 122; am. 2007, ch. 117, sec. 1, p. 361; am. 2008, ch. 409, sec. 10, p. 1136; am. 2009, ch. 157, sec. 11, p. 472; am. 2011, ch. 158, sec. 3, p. 445; am. 2014, ch. 38, sec. 21, p. 89; am. 2014, ch. 242, sec. 1, p. 610; am. 2014, ch. 338, sec. 3, p. 841; am. 2019, ch. 71, sec. 1, p. 167; am. 2019, ch. 77, sec. 1, p. 180; am. 2021, ch. 149, sec. 1, p. 403; am. 2022, ch. 33, sec. 1, p. 91.]
Idaho Code § 67-3803 — Idaho Code / Title 67 / Chapter 38 / Section 67-3803
67-3803 DEFINITIONS.
Status: in_force

67-3803. definitions. As used in this chapter:

(1) "Capital provider" means a private third-party entity, including its designee, successor, and assigns, that provides or funds C-PACE financing, including refinancing, pursuant to this chapter.

(2)(a) "Commercial property" means:

(i) Privately owned commercial, industrial, or agricultural real property; or

(ii) Privately owned residential real property consisting of five (5) or more dwelling units.

(b) "Commercial property" includes:

(i) property owned by nonprofit, charitable, or religious organizations; or

(ii) One (1) or more owner-occupied or rental condominium units affiliated with a hotel.

(3) "C-PACE program" or "program" means a commercial property assessed capital expenditure program established pursuant to the provisions of this chapter.

(4) "Financing" means financing and refinancing for qualified projects pursuant to this chapter.

(5) "Financing agreement" means a contract under which a property owner agrees to repay a capital provider for the C-PACE financing, including but not limited to details of finance charges, fees, debt servicing, accrual of interest and penalties, and terms relating to treatment of prepayment and partial payment, billing, collection, and enforcement of the C-PACE financing.

(6) "Local government" means a county, municipality, or other political subdivision of this state.

(7) "Program administrator" means a local government department or individual designated to administer a C-PACE program or a private independent third party designated by the local government to administer a program in conformance with the administration procedures provided in this chapter.

(8) "Program guidebook" means a comprehensive document created by a local government that illustrates the applicable program and establishes appropriate guidelines, specifications, underwriting and approval criteria, and standard application forms consistent with the administration of a program pursuant to this chapter, including:

(a) A form for an assessment contract between the local government and the property owner for specifying the terms of assessment under the program, financing provided by a third party, and remedies for default or foreclosure;

(b) A form for a local government notice of assessment and C-PACE lien; and

(c) A form for a notice of assignment of assessment and C-PACE lien between a local government and a capital provider.

(9) "Project application" means an application submitted to a program to demonstrate that a proposed project qualifies for C-PACE financing and for a C-PACE assessment and lien.

(10) "Property owner" means the owner or owners on the title, duly recorded, or the owner of an estate for years created pursuant to a written lease agreement or similar agreement, of a commercial property;

(11) "Qualified improvement" means a permanent improvement installed and affixed to commercial property and intended to:

(a) Decrease energy consumption or demand through the use of efficiency technologies, products, or activities that reduce or support the reduction of energy consumption;

(b) Support the production of renewable energy, including through the use of a product, device, or interacting group of products or devices on the customer's side of the meter that provides thermal energy or regulates temperature;

(c) Decrease water consumption or demand, increase water conservation and storage, and address safe drinking water through the use of efficiency technologies, products, or activities that reduce or support the reduction of water consumption or increase the storage of water;

(d) Allow for the reduction or elimination of lead from water that may be used for drinking or cooking; or

(e) Increase water or wastewater resilience, including through storm retrofits, flood mitigation, and stormwater management, or increase wind resistance, energy storage, microgrids, or structures, measures, or other improvements that reduce land use impact, and other resilience projects approved by the local government.

(12) "Qualified project" means a project approved by the program administrator, involving the installation or modification of a qualified improvement, including new construction or the adaptive reuse of eligible property with a qualified improvement. Qualified improvements installed and operational no more than three (3) years prior to the date of application are eligible as qualified projects.

(13) "Region" means a geographical area eligible for a C-PACE program as determined by a local government pursuant to section 67-3805, Idaho Code.

(14) "Special assessment" means a voluntary assessment imposed by a local government on real property located within the boundaries of a C-PACE program.

History:

[67-3803, added 2024, ch. 239, sec. 1, p. 851.]
Idaho Code § 67-4405 — Idaho Code / Title 67 / Chapter 44 / Section 67-4405
67-4405 RECEIPTS AND APPROPRIATION INURING TO USE OF FOUNDATION.
Status: in_force

67-4405. Receipts and appropriation inuring to use of foundation. The entire receipts of and from any source whatsoever that may inure to the benefit of the said foundation through its operation of the said property, bathing facilities, pleasure resort, hospital or sanitarium and the rents and royalties accruing from any mineral lease that shall be made of foundation lands shall be deposited in the Lava Hot Springs foundation fund, and all moneys now in or hereafter deposited in such fund are hereby continuously appropriated for the use and benefit of the said foundation.

History:

[(67-4405) 1919, ch. 30, sec. 5, p. 108; C.S., sec. 1294; I.C.A., sec. 65-4105; am. 1935, ch. 5, sec. 5, p. 16; am. 1953, ch. 139, sec. 1, p. 229; am. 2021, ch. 169, sec. 1, p. 473.]
Idaho Code § 67-6404 — Idaho Code / Title 67 / Chapter 64 / Section 67-6404
67-6404 DECLARATION OF POLICY.
Status: in_force

67-6404. Declaration of policy. It is hereby declared:

(a) the functions of government have multiplied many times since the admission of the state of Idaho into the union in 1890;

(b) in view of the many increased functions of government, it is necessary that proper provision of office space and related facilities for the many departments, agencies and commissions of state government and its instrumentalities be provided; many such state governmental bodies are inadequately provided with the necessary office space and related facilities;

(c) it is to the economic benefit of the citizens of the state of Idaho to provide sufficient office space and the necessary related facilities for such state governmental bodies and thus provide a more efficient and more economical operation of state government.

It is further declared that in order to provide for a fully adequate supply of governmental facilities at costs that state government can afford, the legislature finds it necessary to create and establish a state building authority for the purpose of constructing and operating such facilities to meet the needs of the state government.

It is hereby further declared to be necessary and in the public interest that such state building authority provide for predevelopment costs, temporary financing, land development expenses, construction and operation of governmental facilities for rental to state government.

It is hereby further declared that the foregoing are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, or granted, and that such activities serve a public purpose in improving or otherwise benefiting the people of this state; that the necessity of enacting the provisions hereinafter set forth is in the public interest and is hereby so declared as a matter of express legislative determination.

History:

[67-6404, added 1974, ch. 111, sec. 4, p. 1263.]
Idaho Code § 67-1083 — Idaho Code / Title 67 / Chapter 10 / Section 67-1083
67-1083 FAILURE TO SUBMIT FINANCIAL STATEMENT — PENALTY.
Status: in_force

67-1083. Failure to submit financial statement — Penalty. The person responsible shall submit the financial report required in section 67-1081, Idaho Code, within one hundred eighty (180) days after the last day of the reporting unit's fiscal year. Failure to comply with the terms of this act is a misdemeanor.

History:

[67-1083, added 1969, ch. 402, sec. 3, p. 1123; am. and redesig. 1994, ch. 181, sec. 33, p. 590.]
Idaho Code § 67-2336 — Idaho Code / Title 67 / Chapter 23 / Section 67-2336
67-2336 QUALIFICATIONS OF VOLUNTEERS.
Status: in_force

67-2336. Qualifications of volunteers. Civil service law and requirements shall not apply to volunteers in any program conducted or sponsored by any agency, department or unit of state government. Requirements for volunteers are limited to requirements set by federal statute and to any requirements set by the agency, department or unit of state government sponsoring the program or service.

History:

[63-2336, added 1972, ch. 194, sec. 3, p. 482.]
Idaho Code § 67-5304 — Idaho Code / Title 67 / Chapter 53 / Section 67-5304
67-5304 EXISTING MERIT SYSTEMS AND PERSONNEL SYSTEMS.
Status: in_force

67-5304. Existing merit systems and personnel systems. The personnel system administered by the division of human resources created by this act is hereby designated as the "merit system," "civil service system" or "personnel system" as may be required by any other section of the Idaho Code for the administration of any department covered by this act; and all laws in conflict in whole or in part with the provisions of this act are hereby repealed to the extent of such conflict or inconsistency, provided, however, that in the implementation of this act those portions of chapter 35, title 67, Idaho Code, requiring approval of the administrator of the division of financial management of increase in compensation for any state employee, shall not be held to apply to employees covered under this act, but all departments whose salaries and administrative costs come from state appropriations shall prepare and file the reports and estimates in the office of the administrator of the division of financial management in accordance with chapter 35, title 67, Idaho Code, and personnel compensation thereunder shall not be effective until approved as being within the state budget limitations of the respective department.

History:

[67-5304, added 1965, ch. 289, sec. 4, p. 746; am. 1986, ch. 134, sec. 1, p. 356; am. 1999, ch. 370, sec. 3, p. 982.]
Idaho Code § 67-7022 — Idaho Code / Title 67 / Chapter 70 / Section 67-7022
67-7022 OVERLOADING.
Status: in_force

67-7022. Overloading. It shall be unlawful for any person to operate any vessel loaded with passengers or cargo beyond its safe carrying capacity taking into consideration weather and other existing operating conditions. It is also unlawful for any vessel to exceed the capacity established by a capacity plate required in this chapter.

History:

[67-7022, added 1986, ch. 207, sec. 2, p. 526; am. 1996, ch. 54, sec. 4, p. 163.]
Idaho Code § 67-4129 — Idaho Code / Title 67 / Chapter 41 / Section 67-4129
67-4129 BOARD EMPOWERED TO ACQUIRE AND DISPOSE OF PROPERTY.
Status: in_force

67-4129. Board empowered to acquire and dispose of property. The board of trustees of the society is empowered to acquire, by purchase or exchange, any property which in the judgment of the board is needful for the operation of the society, and to dispose of, by sale or exchange, any property which in the judgment of the board is not needful for the operation of the same.

History:

[67-4129, added 1970, ch. 145, sec. 7, p. 438.]
Idaho Code § 67-8202 — Idaho Code / Title 67 / Chapter 82 / Section 67-8202
67-8202 PURPOSE.
Status: in_force

67-8202. Purpose. The legislature finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the state of Idaho. It is the intent by enactment of this chapter to:

(1) Ensure that adequate public facilities are available to serve new growth and development;

(2) Promote orderly growth and development by establishing uniform standards by which local governments may require that those who benefit from new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development;

(3) Establish minimum standards for the adoption of development impact fee ordinances by governmental entities;

(4) Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements; and

(5) Empower governmental entities which are authorized to adopt ordinances to impose development impact fees.

History:

[67-8202, added 1992, ch. 282, sec. 1, p. 861.]
Idaho Code § 67-4302 — Idaho Code / Title 67 / Chapter 43 / Section 67-4302
67-4302 BIG PAYETTE LAKE — LANDS DEVOTED TO HEALTH AND RECREATIONAL USES.
Status: in_force

67-4302. Big Payette Lake — Lands devoted to health and recreational uses. The lands belonging to the state of Idaho between the ordinary high and low water mark at said Big Payette Lake, as well as all other lands of the state adjacent to said lake which are not held in trust for the beneficiaries of the endowed institutions, are hereby declared to be devoted to a public use in connection with the preservation of said lake in its present condition as a health resort and recreation place for the inhabitants of the state and said public use is hereby declared to be a more necessary use than the use of said lands as a storage reservoir for irrigation or power purposes.

History:

[(67-4302) 1925, ch. 83, sec. 2, p. 117; I.C.A., sec. 65-4002; am. 1996, ch. 268, sec. 1, p. 871.]
Idaho Code § 67-7718 — Idaho Code / Title 67 / Chapter 77 / Section 67-7718
67-7718 LICENSED DISTRIBUTOR REQUIREMENTS AND DUTIES.
Status: in_force

67-7718. Licensed distributor requirements and duties. (1) A licensed distributor shall purchase, rent, lease or otherwise obtain electronic bingo devices and site system software only from a manufacturer licensed by the commission. A licensed distributor shall sell, rent, lease or otherwise provide, only electronic bingo devices and site system software that have been approved by the commission.

(2) A licensed distributor shall sell, rent, lease or otherwise provide electronic bingo devices and site system software in this state only to an organization holding a charitable gaming bingo license.

(3) Before the initial use by the licensed organization, the licensed distributor must notify the commission in writing of the sale, rental, lease, provision, and/or installation of any electronic bingo devices or site system software. Such notification shall include:

(a) The complete name and address of the licensed organization and its license number;

(b) The type of equipment, including serial numbers, sold, rented, leased, provided or installed;

(c) The expected start-up date for use of the equipment by the licensed organization; and

(d) A copy of any agreement between the licensed distributor and the organization for the use of the equipment.

(4) The licensed distributor shall serve as the initial contact for the licensed organization with respect to requests for installation, service, maintenance, or repair of electronic bingo devices and site systems, and for the ordering of electronic bingo cards, if applicable. The distributor may, as needed, enlist the aid of the licensed manufacturer in providing service, repair or maintenance of the devices or site system. A licensed manufacturer may, with commission approval, authorize or subcontract with a person or company to service, maintain or repair bingo card monitoring devices and/or site systems; however, the ultimate liability for such service, maintenance or repair shall be solely that of the licensed manufacturer.

(5) The licensed distributor shall invoice the licensed organization and collect any and all payments for the sale, rental, lease or other use of the electronic bingo cards, bingo card monitoring devices and site systems. The distributor may, at its discretion, allow the licensed manufacturer to generate the invoice; however, all payments by the licensed organization must be remitted directly to the distributor. The licensed distributor must ensure that its name, complete address, and telephone number appear on the invoice as well as the name, complete address and license number of the licensed organization.

(6) Electronic bingo devices may be transported by a licensed distributor from one (1) location to another for use by more than one (1) licensed organization provided the distributor notifies the commission of the rotation schedule of the devices. However, each licensed organization utilizing a site system must have its own site system, which cannot be moved from its bingo location or be used by another organization without prior approval from the commission.

History:

[67-7718, added 2005, ch. 259, sec. 5, p. 801.]
Idaho Code § 67-4713 — Idaho Code / Title 67 / Chapter 47 / Section 67-4713
67-4713 MEMBERS' QUALIFICATIONS — TERM OF OFFICE — CONFLICT OF INTEREST.
Status: in_force

67-4713. Members' qualifications — Term of office — Conflict of interest. (1) Members of the council shall be individuals actively involved in the state's travel and convention industry as a career or as an investment. Their selection shall be made with regard to their ability and disposition to serve the state's interest and their knowledge of the state's travel industry. There shall be one (1) member appointed from each of the seven (7) planning regions of the state and one (1) member shall serve in a statewide capacity.

(2) Members of the council may not serve more than two (2) consecutive terms, nor may they hold or file for any partisan elective political office while a member of the council.

(3) A member of the council may be removed if he is no longer a resident of the district from which he was appointed. Should a vacancy occur on the council, the governor shall appoint a person from the proper region to fulfill the remaining term of the vacant position.

(4) Any member of the council who has a direct interest in any grant application or proposal being considered by the council shall disclose such interest and shall refrain from voting on the application or proposal.

History:

[67-4713, added 1981, ch. 216, sec. 2, p. 402; am. 1985, ch. 160, sec. 13, p. 434; am. 1985, ch. 220, sec. 1, p. 532; am. 1988, ch. 79, sec. 2, p. 138; am. 2012, ch. 219, sec. 2, p. 600.]
Idaho Code § 67-423A — Idaho Code / Title 67 / Chapter 4 / Section 67-423A
67-423A ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR BY EMERGENCY INTERIM SUCCESSOR.
Status: in_force

67-423A. Assumption of powers and duties of legislator by emergency interim successor. If in the event a legislator dies or resigns the office, the legislator's emergency interim successor highest in order of succession who is not unavailable shall, except for the power and duty to appoint emergency successors, exercise the powers and assume the duties of such legislator. An emergency interim successor shall exercise these powers and assume these duties until an emergency interim successor higher in order of succession, or a replacement legislator appointed pursuant to section 59-904A, Idaho Code, and legally qualified can act. Each house of the legislature shall, in accordance with its own rules, determine who is entitled under the provisions of this chapter to exercise the powers and assume the duties of its members. All constitutional and statutory provisions pertaining to ouster of a legislator shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a legislator.

History:

[67-423A, added 1999, ch. 297, sec. 1, p. 745; am. 2006, ch. 34, sec. 1, p. 98.]
Idaho Code § 67-4129A — Idaho Code / Title 67 / Chapter 41 / Section 67-4129A
67-4129A HISTORICAL SOCIETY ACCOUNT.
Status: in_force

67-4129A. Historical society account. The director of the Idaho state historical society may receive, on behalf of the society, any money or real or personal property donated, bequeathed, devised, or conditionally granted to the society. "Donated," as used in this section, shall include moneys paid by the public for admission to historical facilities operated by the society, and shall include moneys derived from retail sales related to the society's programs.

Such moneys received directly or derived from the sale of such property shall be deposited by the state treasurer in a special account in the agency asset fund to be known as the "Historical Society Account," which is hereby established, reserved, set aside and administered to carry out the terms or conditions of such donation, bequest, devise, or grant. Pending such expenditure or use, surplus moneys in the historical society account shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the historical society account.

The director shall provide annually, to the legislative services office, an accounting of the historical society account, setting forth the sources, applications and balance of moneys within the account.

History:

[67-4129A, added 1983, ch. 65, sec. 1, p. 148; am. 1993, ch. 327, sec. 34, p. 1223; am. 1996, ch. 159, sec. 22, p. 525.]
Idaho Code § 67-8101 — Idaho Code / Title 67 / Chapter 81 / Section 67-8101
67-8101 PURPOSE.
Status: in_force

67-8101. Purpose. The legislature finds that current economic conditions, federal housing policies and declining resources at the federal, state, and local level adversely affect the ability of low-income and very low-income persons to obtain safe, decent and affordable housing.

The legislature further finds that the state will lose substantial sums allocated to it by the federal government for affordable housing for low-income and very low-income households under the home program and similar funding programs unless matching funds are provided.

The legislature declares that it is therefore in the public interest to provide for a continuously renewable resource known as a housing trust fund from the private and/or public moneys to assist low-income and very low-income citizens in meeting their basic housing needs, and that the needs of very low-income citizens should be given priority.

History:

[67-8101, added 1992, ch. 267, sec. 1, p. 825.]
Idaho Code § 67-465 — Idaho Code / Title 67 / Chapter 4 / Section 67-465
67-465 INTERVENTION IN ACTIONS REGARDING AN IDAHO STATUTE.
Status: in_force

67-465. intervention in actions regarding an Idaho statute. (1) When a party to an action challenges in state or federal court the constitutionality of an Idaho statute, facially or as applied, challenges an Idaho statute as violating or being preempted by federal law, or otherwise challenges the construction or validity of an Idaho statute, either or both houses of the legislature may seek to intervene, at the sole discretion of the senate president pro tempore or the speaker of the house of representatives, or both, in the action as agents of the state of Idaho and as a matter of right, or permissively, by filing a motion in the court as provided in state or federal rules of civil procedure, whichever is applicable.

(2) The authority to intervene pursuant to the provisions of subsection (1) of this section:

(a) Does not require evidence that the intervenor's interests differ from any branch, department, office, or official of the state of Idaho; and

(b) Operates regardless of whether the state of Idaho itself is a named party.

(3) The provisions of this section shall apply to any litigation that is pending on or after the effective date of this act.

History:

[67-465, added 2022, ch. 226, sec. 1, p. 745; am. 2023, ch. 305, sec. 1, p. 919.]
Idaho Code § 67-9235 — Idaho Code / Title 67 / Chapter 92 / Section 67-9235
67-9235 SEVERABILITY.
Status: in_force

67-9235. 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:

[(67-9235) 67-9234, added 2016, ch. 289, sec. 4, p. 805; am. and redesig. 2024, ch. 230, sec. 4, p. 812.]
Idaho Code § 67-1607 — Idaho Code / Title 67 / Chapter 16 / Section 67-1607
67-1607 ORGANIZATION OF THE COMMISSION.
Status: in_force

67-1607. Organization of the commission. The commission shall meet not less than two (2) times per year. A majority of the membership of the commission constitutes a quorum to transact business. Public members of the commission shall be reimbursed for actual and necessary expenses as provided in section 59-509(c), Idaho Code. Public members are entitled to reimbursement for reasonable travel expenses incurred in the performance of their duties as a member as provided by law.

History:

[67-1607, added 1998, ch. 306, sec. 2, p. 1009; am. 2011, ch. 12, sec. 1, p. 38.]
Idaho Code § 67-205 — Idaho Code / Title 67 / Chapter 2 / Section 67-205
67-205 UNASSIGNED PRECINCTS — ASSIGNMENT BY COUNTY COMMISSIONERS.
Status: in_force

67-205. Unassigned precincts — Assignment by county commissioners. In the event in the enactment of legislation creating legislative and representative districts for the election of senators and representatives, any election precinct has been omitted from any legislative and/or representative district or has been included in more than one legislative and/or representative district, the county commissioners of the county in which any such precinct is located are authorized and directed to make such changes as are hereinafter provided. If an omitted precinct is located entirely within a district, it shall be included in such district. If an omitted precinct borders on two (2) or more districts, it shall be included in the district which has the smaller number of registered voters. If a precinct has been included in more than one legislative or more than one representative district, it shall be removed from the district or districts which have the larger number of registered voters, provided, however, that such precinct must be contiguous with the legislative and representative district with which it is included.

History:

[67-205, added 1966 (3rd E.S.), ch. 4, sec. 1, p. 15.]
Idaho Code § 67-6201 — Idaho Code / Title 67 / Chapter 62 / Section 67-6201
67-6201 PURPOSE.
Status: in_force

67-6201. Purpose. It is hereby declared:

(a) That within the state there is a shortage of safe or sanitary dwelling accommodations available which persons of low incomes can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime, and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities.

(b) That private enterprise has not been able to provide, without assistance, an adequate supply of safe and sanitary dwellings at prices or rents which persons and families of low income can afford, or to achieve rehabilitation of much of the present low-income housing. It is imperative that the supply of housing for persons and families of low income be increased and that coordination and cooperation among private enterprise, state and local government be encouraged to sponsor, build and rehabilitate residential housing for such persons and families.

(c) That the clearance, replanning and reconstruction of the areas in which unsanitary or unsafe housing conditions exist, and the providing of safe and sanitary dwelling accommodations for persons of low incomes (which dwelling accommodations need not be solely for persons of low incomes in order to avoid concentrations of such persons in specific localities), are public uses, and uses and purposes for which public money may be spent and private property acquired, and are governmental functions.

(d) It is also declared and the legislature hereby finds that charitable, educational, human service, cultural and other purposes pursued by nonprofit corporations are important public functions and public purposes that should be encouraged and that financing of nonprofit facilities for these purposes should be encouraged, without using state funds or lending the credit of the state, through the issuance of nonrecourse revenue bonds and the lending of the proceeds thereof to nonprofit corporations to promote their purposes.

(e) It is further declared that in this state:

(1) There exists an inadequate supply of funds at interest rates sufficiently low to enable persons engaged in agriculture in this state, particularly beginning farmers and ranchers, to pursue agricultural operations at present levels;

(2) That such inability to pursue agricultural operations reduces the supply of agricultural commodities available to fulfill the needs of the citizens of this state;

(3) That such inability to continue operations decreases available employment in the agricultural sector of the state and results in unemployment and its attendant problems;

(4) That such conditions prevent the acquisition of an adequate capital stock of farm and ranch equipment and machinery, therefore impairing the productivity of agricultural land;

(5) That such conditions are conducive to consolidation of acreage of agricultural land with fewer individuals living and farming and ranching on the traditional family farm and ranch;

(6) That these conditions result in a loss in population, unemployment and movement of persons from rural to urban areas accompanied by added costs to communities for creation of new public facilities and services;

(7) That there have been recurrent shortages of funds from private market sources at reasonable rates of interest;

(8) That these shortages have made the sale and purchase of agricultural land to beginning farmers and ranchers a virtual impossibility in many parts of the state;

(9) That the ordinary operations of private enterprise have not in the past corrected these conditions; and

(10) That a stable supply of adequate funds for agricultural financing is required to encourage beginning farmers and ranchers in an orderly and sustained manner and to reduce the problems described herein.

(f) It is further declared that in this state there is an urgent need to promote higher employment; encourage the development of new jobs; maintain and supplement the capital investments in industry and commerce that currently exist in this state; encourage future employment by ensuring future capital investment; attract environmentally sound industry and commerce to the state; protect and enhance the quality of natural resources and the environment; and promote the production and conservation of energy; and that financing of economic development projects in partnership with private financial institutions and state or local economic development entities for these purposes should be encouraged, without using state funds or lending the credit of the state through the issuance of nonrecourse revenue bonds and the lending of the proceeds thereof for such purposes.

(g) It is hereby further declared that:

(1) The growth of the economy of this state has prompted new and ever-increasing uses of public highways, roads, and other transportation infrastructure, and the existing transportation infrastructure of this state cannot adequately accommodate such greatly increased uses;

(2) One of the major concerns of the citizens of this state is the ability of the state to address the long-term transportation infrastructure needs of this state that are critical to the continued growth of the state's economy and the maintenance of citizens' quality of life;

(3) Utilizing bonds or notes to finance projects for transportation infrastructure results in significant cost savings to the state, since such transportation projects can be completed at present day costs and at an accelerated pace, but such bonds and notes need to be issued promptly in order to realize these cost savings; and

(4) It is reasonable and necessary to utilize such bonds or notes for the financing of transportation projects.

(h) It is hereby further declared that all of the foregoing are public purposes and uses for which public moneys may be borrowed, expended or granted and that such activities are governmental functions and serve a public purpose in improving or otherwise benefiting the people of this state; that the necessity of enacting the provisions hereinafter set forth is in the public interest and is hereby so declared as a matter of express legislative determination.

History:

[67-6201, added 1972, ch. 324, sec. 1, p. 789; am. 1974, ch. 104, sec. 1, p. 1210; am. 1976, ch. 283, sec. 1, p. 968; am. 1997, ch. 191, sec. 1, p. 531; am. 2000, ch. 364, sec. 1, p. 1203; am. 2005, ch. 378, sec. 7, p. 1222; am. 2007, ch. 152, sec. 1, p. 463.]
Idaho Code § 67-7026 — Idaho Code / Title 67 / Chapter 70 / Section 67-7026
67-7026 RESTRICTED AREAS.
Status: in_force

67-7026. Restricted areas. It shall be unlawful for any person to operate a vessel on the water of this state in any area which has been clearly marked in accordance with, and as authorized by the laws of this state, by buoys or some other distinguishing device as a bathing, swimming or other restricted area. This section shall not apply in the case of an emergency or to patrol or rescue vessels.

History:

[67-7026, added 1986, ch. 207, sec. 2, p. 527.]
Idaho Code § 67-5255 — Idaho Code / Title 67 / Chapter 52 / Section 67-5255
67-5255 DECLARATORY RULINGS BY AGENCIES.
Status: in_force

67-5255. Declaratory rulings by agencies. (1) Any person may petition an agency for a declaratory ruling as to the applicability of any order issued by the agency.

(2) A petition for a declaratory ruling does not preclude an agency from initiating a contested case in the matter.

(3) A declaratory ruling issued by an agency under this section is a final agency action.

History:

[67-5255, added 1992, ch. 263, sec. 40, p. 811.]
Idaho Code § 67-5912 — Idaho Code / Title 67 / Chapter 59 / Section 67-5912
67-5912 PERSONS IMMUNE FROM CIVIL PERSONAL LIABILITY FOR ACTS PERFORMED IN CONNECTION WITH CARRYING OUT PROVISIONS OF THIS ACT.
Status: in_force

67-5912. Persons immune from civil personal liability for acts performed in connection with carrying out provisions of this act. The members of the commission, the attorney general and any personnel they employ or state employees they utilize shall be immune from civil personal liability for any act performed or omitted in the course of carrying out the provisions of this act.

History:

[67-5912, added 1969, ch. 459, sec. 12, p. 1277; am. 1976, ch. 342, sec. 5, p. 1144.]
Idaho Code § 67-7123 — Idaho Code / Title 67 / Chapter 71 / Section 67-7123
67-7123 OFF-HIGHWAY VEHICLES — TRANSFER OF RESTRICTED VEHICLE LICENSE PLATE.
Status: in_force

67-7123. off-highway vehicles — Transfer of restricted vehicle license plate. The purchaser of an off-highway vehicle that has been previously issued a restricted vehicle license plate pursuant to section 49-402, Idaho Code, shall within fifteen (15) days after acquiring same make application to the county assessor or county motor vehicle office as may be designated by the county assessor for transfer to him of the restricted vehicle license plate issued to the off-highway vehicle, giving the same information as on the original application and the number of the restricted vehicle license plate and shall at the same time pay a transfer fee of one dollar and fifty cents ($1.50).

History:

[(67-7123) 49-2703, added 1972, ch. 278, sec. 1, p. 684; am. and redesig. 1986, ch. 233, sec. 3, p. 641; am. and redesig. 1988, ch. 265, sec. 550, p. 851; am. 1994, ch. 288, sec. 2, p. 908; am. 2008, ch. 409, sec. 13, p. 1139; am. 2014, ch. 338, sec. 11, p. 846; am. 2021, ch. 149, sec. 16, p. 411.]
Idaho Code § 67-5247 — Idaho Code / Title 67 / Chapter 52 / Section 67-5247
67-5247 EMERGENCY PROCEEDINGS.
Status: in_force

67-5247. Emergency proceedings. (1) An agency may act through an emergency proceeding in a situation involving an immediate danger to the public health, safety, or welfare requiring immediate agency action. The agency shall take only such actions as are necessary to prevent or avoid the immediate danger that justifies the use of emergency contested cases.

(2) The agency shall issue an order, including a brief, reasoned statement to justify both the decision that an immediate danger exists and the decision to take the specific action. When appropriate, the order shall include findings of fact and conclusions of law.

(3) The agency shall give such notice as is reasonable to persons who are required to comply with the order. The order is effective when issued.

(4) After issuing an order pursuant to this section, the agency shall proceed as quickly as feasible to complete any proceedings that would be required if the matter did not involve an immediate danger.

(5) Unless otherwise required by a provision of law, the agency record need not constitute the exclusive basis for agency action in emergency contested cases or for judicial review thereof.

(6) No order issued pursuant to this section shall be effective for longer than one hundred twenty (120) days or until the effective date of any final order issued following the proceedings described in subsection (4) of this section, whichever is earlier.

History:

[67-5247, added 1992, ch. 263, sec. 32, p. 806; am. 2025, ch. 151, sec. 15, p. 747.]
Idaho Code § 67-7507 — Idaho Code / Title 67 / Chapter 75 / Section 67-7507
67-7507 PENALTIES.
Status: in_force

67-7507. Penalties. (1) It shall be unlawful and constitute a misdemeanor for any person to violate any provisions of this chapter.

(2) Every person convicted of a violation of any provision of this chapter shall be punished by a fine of not less than one hundred dollars ($100) nor more than three hundred dollars ($300) for each offense or by imprisonment for not more than six (6) months or by both such fine and imprisonment.

History:

[67-7507, added 1989, ch. 365, sec. 1, p. 914.]
Idaho Code § 67-6402 — Idaho Code / Title 67 / Chapter 64 / Section 67-6402
67-6402 DEFINITIONS.
Status: in_force

67-6402. Definitions. As used in this chapter the following words and terms have the following meanings, unless a different meaning clearly appears from the context:

(a) "Authority" means the Idaho state building authority created and established pursuant to section 67-6403, Idaho Code.

(b) "Bonds," "notes" or "bond anticipation notes" and "other obligations" mean any bonds, notes, debentures, interim certificates or other evidences of financial indebtedness, respectively, issued by the state building authority pursuant to this chapter.

(c) "Community college district" means any community college district organized and existing under chapter 21, title 33, Idaho Code.

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

(e) "Facility" means any work or undertaking, whether new construction or rehabilitation, which is designed and financed pursuant to the provisions of this act and designed for use as an office building, laboratory, library, dining room, instructional facility, motor vehicle parking, storage or service facility or for any other use by any state body or community college district and all other real or personal properties which are necessary, convenient, or desirable appurtenances, such as but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and such equipment which may be necessary to constitute a fully equipped and modern building as the authority determines to be necessary or convenient to accomplish the purposes of this act.

(f) "Municipality" means any city, municipal corporation, or other political subdivision of this state.

(g) "Real property" means 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 of years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

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

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

History:

[67-6402, added 1974, ch. 111, sec. 2, p. 1263; am. 1978, ch. 239, sec. 1, p. 511; am. 2003, ch. 349, sec. 1, p. 933.]
Idaho Code § 67-6220 — Idaho Code / Title 67 / Chapter 62 / Section 67-6220
67-6220 AUDITS — ANNUAL REPORTS.
Status: in_force

67-6220. Audits — Annual reports. (1) The legislative council is authorized to conduct a post audit of the books and records of the Idaho housing and finance association on the same basis as audits are conducted of state agencies.

(2) The association shall file its financial report for the year then ended with the secretary of state within one hundred twenty (120) days after the close of its fiscal year describing its activities during the preceding year. In such report it may make recommendations regarding additional legislation or other action it deems necessary to permit it to carry out the purposes of this act.

History:

[67-6220, added 1972, ch. 324, sec. 20, p. 789; am. 1977, ch. 326, sec. 4, p. 924; am. 1980, ch. 377, sec. 2, p. 961; am. 1989, ch. 423, sec. 9, p. 1047; am. 1993, ch. 327, sec. 36, p. 1224; am. 1996, ch. 253, sec. 24, p. 826.]
Idaho Code § 67-1605A — Idaho Code / Title 67 / Chapter 16 / Section 67-1605A
67-1605A DIRECTOR'S AUTHORITY — ROADWAYS.
Status: in_force

67-1605A. DIRECTOR'S AUTHORITY — ROADWAYS. Notwithstanding any other provision of law, including the provisions of sections 40-1310 and 50-1330, Idaho Code, the director of the department of administration shall have authority to control vehicular use of the roadways adjoining the capitol building and Steunenberg monument park. The Idaho state capitol commission shall adopt policies and procedures to implement the provisions of this section. The director shall consult with the governor, the presiding officers of the legislature, and the Idaho state capitol commission prior to granting or withholding approval of an alteration of the use of the roadways exceeding seven (7) days. The director may also close any or all of the roadways adjoining the capitol building to vehicular traffic in the best interest of the state, including but not limited to security interests. Actions of the director under this section shall be discretionary and not subject to the provisions of chapter 52, title 67, Idaho Code. The control granted in this section does not limit statutory obligations for maintenance, operation, or law enforcement of the roadways in any other provision of law or the exercise of any constitutional right by a citizen. The roadways adjoining the capitol for purposes of this section shall mean State Street, Jefferson Street, Eighth Street, and Sixth Street where such streets are adjacent to block one (1) as shown on the Boise City original townsite plat filed in the Ada county recorder's office in book 1 on page 1. The roadways adjoining Steunenberg monument park shall mean the portions of Capitol Boulevard adjoining block fifty-four (54) and block fifty-five (55) as shown on the Boise City original townsite plat filed in the Ada County recorder's office in book 1 on page 1.

History:

[67-1605A, added 2023, ch. 309, sec. 1, p. 946.]
Idaho Code § 67-9705 — Idaho Code / Title 67 / Chapter 97 / Section 67-9705
67-9705 AGRICULTURAL PROTECTION AREA COMMISSION.
Status: in_force

67-9705. AGRICULTURal PROTECTION AREA commission. (1) The board of county commissioners shall appoint at least three (3) and no more than five (5) members actively employed by or supporting production agriculture in the county, which members may include representatives from the local soil and water conservation district board of supervisors, the local cattlemen's association board, the county farm bureau board, an irrigation district or water users association board, or a grower/commodity association or commission board, to serve as the agricultural protection area commission for the county.

(2) The terms of agricultural protection area commissioners shall be established by resolution or ordinance, but in no case shall be less than three (3) years or more than six (6) years.

(3) As part of its duties, the commission shall provide for meetings and hearings to obtain advice on the agricultural needs of the county. The commission may also conduct informal meetings with public officials and agencies, agricultural professionals, educational professionals, and other organizations to evaluate the agricultural needs of the county.

(4) The commission may make recommendations to the board of county commissioners concerning the process by which the agricultural protection area commission will accept, review, and offer recommendations regarding agricultural protection area proposals to the board of county commissioners, including the nature and type of information provided by applicants and the evaluation criteria required to review agricultural protection area applications.

(5) The commission shall review applications for inclusion in an agricultural protection area pursuant to the county agricultural protection area ordinance and make recommendations to the board of county commissioners regarding such applications.

(6) The commission shall review applications to include eligible land in an agricultural protection area and make recommendations to the board of county commissioners within sixty (60) days of receiving such applications.

History:

[67-9705, added 2024, ch. 215, sec. 1, p. 763.]
Idaho Code § 67-7446 — Idaho Code / Title 67 / Chapter 74 / Section 67-7446
67-7446 RESTRICTIONS.
Status: in_force

67-7446. Restrictions. Notwithstanding the provisions of section 23-928, Idaho Code, nothing in that section shall be construed to authorize any form of games of chance or private lotteries, except as may be authorized expressly by this chapter in accordance with the Idaho Constitution.

History:

[67-7446, added 1988, ch. 232, sec. 2, p. 460.]
Idaho Code § 67-4118 — Idaho Code / Title 67 / Chapter 41 / Section 67-4118
67-4118 PENALTY FOR DAMAGE, INJURY, MOLESTATION, OR DESTRUCTION OF AN ARCHAEOLOGICAL OR HISTORICAL SITE, OR MARKER.
Status: in_force

67-4118. Penalty for damage, injury, molestation, or destruction of an archaeological or historical site, or marker. Any person who shall in any way wilfully, intentionally, or recklessly damage, molest, disturb, destroy, or harm any archaeological or any historic site, or who shall remove, destroy, obliterate, or in any way damage any sign, marker, or monument thereon or adjacent thereto, referring to any such historic site, shall be guilty of a misdemeanor and shall also be liable civilly to the state of Idaho by way of penalty in a sum equal to triple the amount of the cost and expense of repairing, replacing, and reconstructing said site or the property or markers, signs, or monuments thereon, or existing in connection therewith, to their condition prior to such damage, injury, molestation, or destruction. At each archaeological or historic site designated as herein provided, appropriate notice shall be posted of the purport of this section and of the penalties and liability prescribed.

History:

[67-4118, addded 1957, ch. 142, sec. 5, p. 233.]
Idaho Code § 67-5302 — Idaho Code / Title 67 / Chapter 53 / Section 67-5302
67-5302 DEFINITIONS.
Status: in_force

67-5302. Definitions. As used in this chapter and other applicable sections of the Idaho Code, each of the terms defined in this section shall have the meaning given in this section unless a different meaning is clearly required by the context. Such terms and their definitions are:

(1) "Administrative employee" means any person, nonclassified or classified, appointed to a position that meets the criteria set forth in the federal fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a classified position as "administrative" within this definition shall be made by the administrator of the division of human resources. Exceptions to this designation that do not violate the federal fair labor standards act, 29 U.S.C. 201 et seq., may be made by the administrator.

(2) "Administrator" means the administrator of the division of human resources in the governor's office.

(3) "Appointing authority" means the officer, board, commission, person or group of persons authorized by statute or lawfully delegated authority to make appointments to or employ personnel in any department.

(4) "Class" means a group of positions sufficiently similar as to the duties performed, degree of supervision exercised or required, minimum requirements of training, experience or skill, and other characteristics that the same title, the same tests of fitness and the same schedule of compensation may be applied to each position in the group.

(5) "Classified officer" or "classified employee" means any person appointed to or holding a position in any department of the state of Idaho, which position is subject to the provisions of the merit examination, selection, retention, promotion and dismissal requirements of section 67-5309, Idaho Code.

(6) "Commission" means the Idaho personnel commission.

(7) "Compensatory time" means approved time off from duty provided in compensation for overtime hours worked.

(8) "Computer worker" means any person, nonclassified or classified, appointed to a position that meets the criteria set forth in the federal fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a classified position as "computer worker" within this definition shall be made by the administrator of the division of human resources. Exceptions to this designation that do not violate the federal fair labor standards act, 29 U.S.C. 201 et seq., may be made by the administrator.

(9) "Department" means any department, agency, institution or office of the state of Idaho.

(10) "Disabled veteran" is as defined in section 65-502, Idaho Code.

(11) "Eligible" means a person who has been determined to be qualified for a classified position and whose name has been placed on the register of eligibles.

(12)(a) "Executive employee" means any person appointed to a position equivalent to a bureau chief or above as provided in section 67-2402, Idaho Code, or any employee whose primary duty is management of a department, division or bureau and:

(i) Who customarily and regularly directs the work of at least two (2) or more other employees therein;

(ii) Who has the authority to hire and fire, or to recommend hiring and firing; or whose recommendation on these and other actions affecting employees is given particular weight; and

(iii) Who customarily and regularly exercises discretionary powers.

(b) Final designation of a position as "executive" in this definition shall be made by the administrator. Exceptions to this designation that do not violate the federal fair labor standards act, 29 U.S.C. 201 et seq., may be made by the administrator.

(13) "Exempt employee" means any employee, classified or nonclassified, who is determined to be an executive, professional or administrative employee as defined in this section or who qualifies for any other exemption from cash compensation for overtime under applicable federal law. Final designation of a classified position as exempt shall be made by the administrator.

(14) "Full-time employee" means any employee working a forty (40) hour workweek.

(15)(a) "Holiday" means any day so designated by the president of the United States or the governor of this state for a public fast, thanksgiving or holiday. Holidays are enumerated in section 73-108, Idaho Code.

(b) In the event that a holiday occurs on a Saturday, the preceding Friday shall be a holiday, and if the holiday falls on a Sunday, the following Monday shall be a holiday.

(c) A holiday is a day of exemption from work granted to nonexecutive employees during which said employees shall be compensated as if they actually worked. Employees classified as executive exempt are entitled to eleven (11) paid holidays per year. If such an employee works on one (1) of the official holidays listed in this subsection, then such employee may take an alternative day off but shall not receive additional compensation.

(16) "Hours worked" means those hours actually spent in the performance of the employee's job on any day including holidays and shall not include vacation or sick leave or other approved leave of absence.

(17) "Nonclassified employee" means any person appointed to or holding a position in any department of the state of Idaho, which position is exempted from the merit provisions of section 67-5309(e), (f), (g), (j), (m), (o), (p), (w), and (x), Idaho Code.

(18) "Normal workweek" means any forty (40) hours worked during a particular one hundred sixty-eight (168) hour period as previously established by the employee's appointing authority.

(19) "Open competitive examination" means an examination that may be taken by qualified applicants to compete on an equal basis for listing on the register of eligibles for a classified position.

(20) "Overtime work" means:

(a) Time worked on holidays and time worked in excess of forty (40) hours in a period of one hundred sixty-eight (168) consecutive hours;

(b) Upon designation from the administrator and in the case of those employees engaged in law enforcement, correctional, and fire protection activities characterized by irregular shift work schedules, time worked in excess of one hundred sixty (160) hours in a period of twenty-eight (28) consecutive days;

(c) Upon designation from the administrator and in the case of certain employees who meet federal exemption requirements, time worked in excess of eighty (80) hours within a period of fourteen (14) consecutive days; or

(d) Time worked by employees during specific hours in addition to their normal schedules upon emergency declaration by the governor or with the approval of the appointing authority and the board of examiners.

(21) "Participating department" means any department of the state of Idaho in the executive department reporting to the governor or a board or commission appointed by the governor.

(22) "Part-time employee" means any employee whose usually scheduled work is fewer than forty (40) hours in a period of one hundred sixty-eight (168) consecutive hours and who is not entitled to sick leave accruals provided in section 67-5333, Idaho Code, vacation leave provided in section 67-5334, Idaho Code, or holiday pay as defined in subsection (15) of this section, unless contributions are being made to the public employee retirement system in accordance with chapter 13, title 59, Idaho Code, and rules promulgated by the public employee retirement system board.

(23) "Personnel system" means the procedure for administering employees in accordance with this chapter.

(24) "Political office" means a public office for which partisan politics is a basis for nomination, election or appointment.

(25) "Political organization" means a party that sponsors candidates for election to political office.

(26) "Position" means a group of duties and responsibilities legally assigned or delegated by one (1) or more appointing authorities and requiring the employment of one (1) person.

(27) "Professional employee" means any person, nonclassified or classified, appointed to a position that meets the criteria set forth in the federal fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a classified position as professional shall be made by the administrator. Exceptions to this designation that do not violate the federal fair labor standards act, 29 U.S.C. 201 et seq., may be made by the administrator.

(28) "Public education entity" means community colleges, public school districts, public charter schools and the Idaho digital learning academy.

(29) "Qualifying examination" means an examination or evaluation given to a selected person to determine eligibility for reclassification or appointment to a position in a classification.

(30) "Register" means a list of names of persons who have been determined to be eligible for employment in a classified position as determined on the basis of examination and merit factors as established by the administrator.

(31) "Seasonal appointment" means an appointment to a position that is permanent in nature but that has intermittent work periods throughout the year.

(32) "Service rating" means a recorded evaluation of work performance and promotional potential of an employee by his supervisor.

(33) "State educational agency" means the following state agencies and educational institutions under the governance of the Idaho state board of education:

(a) Boise state university;

(b) Idaho state university;

(c) University of Idaho;

(d) Lewis-Clark state college;

(e) Idaho public television;

(f) The division of vocational rehabilitation;

(g) The division of career technical education;

(h) The office of the state board of education;

(i) The state department of education; and

(j) The public charter school commission.

(34) "Temporary appointment" means appointment to a position that is not permanent in nature and in which employment will not exceed one thousand three hundred eighty-five (1,385) hours during any twelve (12) month period. No person holding a temporary appointment may work in excess of one thousand three hundred eighty-five (1,385) hours during a twelve (12) month period of time for any one (1) department; provided, however, upon petition by the appointing authority that demonstrates good cause, the administrator of the division of human resources may extend the one thousand three hundred eighty-five (1,385) hour limit for:

(a) Employees of the department of lands who are required to perform fire suppression activities; and

(b) Employees hired under approved apprenticeship programs.

(35) "Vacation leave" means a period of exemption from work during which employees shall be compensated. The term shall not include compensatory time for overtime work.

(36) "Veteran" is as defined in section 65-203, Idaho Code.

History:

[67-5302, added 1965, ch. 289, sec. 2, p. 746; am. 1975, ch. 164, sec. 1, p. 434; am. 1977, ch. 307, sec. 3, p. 858; am. 1979, ch. 197, sec. 1, p. 568; am. 1981, ch. 133, sec. 1, p. 222; am. 1986, ch. 133, sec. 1, p. 342; am. 1990, ch. 371, sec. 1, p. 1019; am. 1993, ch. 75, sec. 1, p. 198; am. 1993, ch. 233, sec. 1, p. 811; am. 1999, ch. 243, sec. 1, p. 616; am. 1999, ch. 370, sec. 2, p. 978; am. 2000, ch. 121, sec. 1, p. 262; am. 2002, ch. 146, sec. 2, p. 419; am. 2006, ch. 51, sec. 16, p. 152; am. 2006, ch. 380, sec. 7, p. 1181; am. 2008, ch. 138, sec. 1, p. 396; am. 2008, ch. 196, sec. 2, p. 619; am. 2016, ch. 199, sec. 1, p. 556; am. 2018, ch. 17, sec. 6, p. 26; am. 2020, ch. 44, sec. 4, p. 104; am. 2022, ch. 112, sec. 3, p. 401; am. 2023, ch. 7, sec. 1, p. 13; am. 2023, ch. 8, sec. 1, p. 27; am. 2023, ch. 11, sec. 1, p. 44; am. 2025, ch. 197, sec. 2, p. 904.]
Idaho Code § 67-1605 — Idaho Code / Title 67 / Chapter 16 / Section 67-1605
67-1605 LAW ENFORCEMENT AND SECURITY.
Status: in_force

67-1605. Law enforcement and security. Responsibility for law enforcement at the capitol building and the supreme court building is vested in the director of the Idaho state police. In coordination with the director of the Idaho state police, Ada County and Boise City are granted jurisdiction to enforce the laws of the state of Idaho and the ordinances of Ada County and Boise City for the capitol building and the supreme court building. The director of the department of administration, or his designee, shall be responsible for security in the capitol building and the supreme court building and has the authority to contract with private contractors to provide security for persons and property in the capitol building and the supreme court building.

History:

[67-1605, added 1998, ch. 306, sec. 2, p. 1008; am. 2000, ch. 469, sec. 133, p. 1594; am. 2008, ch. 85, sec. 1, p. 222.]
Idaho Code § 67-5408 — Idaho Code / Title 67 / Chapter 54 / Section 67-5408
67-5408 COMMISSION AS AGENCY TO ADMINISTER REHABILITATION IN FEDERAL PROGRAMS.
Status: in_force

67-5408. Commission as agency to administer rehabilitation in federal programs. The commission is hereby designated as the sole agency responsible for the vocational and other rehabilitation of the blind and shall administer the program of vocational rehabilitation for the blind as provided for in the rehabilitation act of 1973, P.L. 93-112, as amended by the workforce innovation and opportunity act of 2014, P.L. 113-128, and all subsequent amendments thereto, and shall observe and comply with all requirements of such acts.

History:

[67-5408, added 1967, ch. 373, sec. 8, p. 1071; am. 2022, ch. 4, sec. 1, p. 16.]
Idaho Code § 67-5285 — Idaho Code / Title 67 / Chapter 52 / Section 67-5285
67-5285 OFFICE OF ADMINISTRATIVE HEARINGS — FEES ASSESSED FOR SERVICES.
Status: in_force

67-5285. office of administrative hearings — Fees assessed for services. In conjunction with the office of administrative hearings, the division of financial management shall, on or before November 1 of each year, determine an amount to be billed to state agencies for the purposes of carrying out the provisions of this chapter in accordance with the provisions of section 67-3531, Idaho Code. Such amount shall be paid by each state agency in the succeeding fiscal year to the indirect cost recovery fund. Before June 30 of each fiscal year, the state controller shall transfer an amount equal to such deposits to the state general fund.

History:

[67-5285, added 2025, ch. 210, sec. 3, p. 969.]
Idaho Code § 67-4224 — Idaho Code / Title 67 / Chapter 42 / Section 67-4224
67-4224 DUTY OF BOARD TO ACQUIRE, DEVELOP, AND MAINTAIN LAND — TRANSFER OF JURISDICTION.
Status: in_force

67-4224. Duty of board to acquire, develop, and maintain land — Transfer of jurisdiction. It shall be the duty of the board to acquire in the name of the state of Idaho by gift, devise, purchase, agreement, or otherwise, such land as in its judgment may be necessary, suitable and proper for roadside picnic, recreational or park purposes and to control, develop and maintain such land and all existing state parks, state monuments and state recreational areas heretofore established, acquired or designated to be used for such purposes, except state historical monuments. Administrative jurisdiction over all parks, park areas and recreational sites and areas, except wildlife access sites operated by the department of fish and game and roadside picnic areas under the jurisdiction of the department of highways is hereby specifically transferred to the department of parks and recreation.

History:

[67-4224, added 1965, ch. 85, sec. 7, p. 139; am. 1972, ch. 65, sec. 7, p. 108.]
Idaho Code § 67-7416 — Idaho Code / Title 67 / Chapter 74 / Section 67-7416
67-7416 DISPLAY OF CERTIFICATE OF AUTHORITY.
Status: in_force

67-7416. Display of certificate of authority. No lottery tickets or shares shall be sold by a lottery game retailer unless the retailer has on public display on the premises a certificate of authority to sell lottery tickets or shares signed by the director.

History:

[67-7416, added 1988, ch. 232, sec. 2, p. 453.]
Idaho Code § 67-3005 — Idaho Code / Title 67 / Chapter 30 / Section 67-3005
67-3005 RECORDS AND REPORTING — DUTIES OF OTHER CRIMINAL JUSTICE AGENCIES AND THE COURT.
Status: in_force

67-3005. Records and reporting — Duties of other criminal justice agencies and the court. (1) Each criminal justice agency shall:

(a) Transmit to the department, when and in the manner prescribed by this chapter or any rules adopted pursuant thereto, all information required by section 67-3001(4), Idaho Code, for inclusion in the criminal history records;

(b) Provide the department and its accredited agents access to source records and files for the purpose of assessing the accuracy, completeness and timeliness of the criminal history records maintained by the department; and

(c) Cooperate with the department so that it may properly perform the duties that are mandated by this chapter.

(2) When a law enforcement agency or jail facility fingerprints a person as required by section 67-3004, Idaho Code, the agency or facility shall initiate the reporting process by transmitting to the department the authorized and fully completed arrest fingerprint card and identification information within ten (10) working days after the arrest, arraignment or court-ordered fingerprinting. A law enforcement agency or jail facility required to take fingerprints shall ensure that the process control number on the arrest fingerprint card is transmitted to the appropriate court clerk for recording in the court's automated information system. When appropriate, the law enforcement agency or jail facility shall report, in a manner and in a form prescribed by the department, the disposition relating to the charge or arrest.

(3) The clerk of the court exercising jurisdiction over a case relating to a retainable offense shall report the court disposition of the case to the department, in a manner and format determined by the department after consultation with and approval by the Idaho supreme court.

(4) The department of correction shall report, in a manner and on a form prescribed by the department, information on an individual committed to and released from a state correctional facility.

(5) The department of correction shall report, in a manner and on a form prescribed by the department, information on an individual committed to and released from its supervision as a result of probation, parole or other judicial action.

(6) With the approval of the department, a criminal justice agency or the court may report required information by electronic medium either directly to the department or indirectly through a sharing of information via the linkage of automated systems or databases.

History:

[67-3005, added 1999, ch. 249, sec. 2, p. 642.]
Idaho Code § 67-1085 — Idaho Code / Title 67 / Chapter 10 / Section 67-1085
67-1085 AGREEMENTS ENTERED INTO BY STATE AGENCIES — REPORTING.
Status: in_force

67-1085. agreements entered into by state agencies — reporting. (1) For purposes of this section, "state agency" means any state officer, department, division, bureau, or agency of the state of Idaho. All state agencies shall report to the state controller any agreement entered into, including any memorandum of agreement or memorandum of understanding, within ten (10) days of the state agency entering into such agreement. The state controller shall store, maintain, and publish a current list of all such agreements, as provided in section 67-1001(20), Idaho Code. Agreements shall be reported pursuant to the provisions of section 67-1085A, Idaho Code.

(2) All state agencies shall report to the state controller any proposed final insurance settlement agreements entered into as provided in section 67-5775A, Idaho Code.

History:

[67-1085, added 2023, ch. 52, sec. 2, p. 200; am. 2024, ch. 44, sec. 1, p. 251; am. 2025, ch. 203, sec. 1, p. 923; am. 2026, ch. 282, sec. 2, p. 1177.]
Idaho Code § 67-2743E — Idaho Code / Title 67 / Chapter 27 / Section 67-2743E
67-2743E DISCLOSURE OR USE OF INFORMATION RELATING TO DEPOSITORIES — PENALTY.
Status: in_force

67-2743E. Disclosure or use of information relating to depositories — Penalty. Information regarding the solvency of the bank obtained by the board, the department of finance, or office of state treasurer, shall be subject to disclosure according to chapter 1, title 74, Idaho Code, except that such disclosure is subject to the privilege set out in subsection (3) of section 26-1111, Idaho Code, and provided further, that the board, the department of finance and the office of state treasurer may disclose such information to federal or state bank examiners having a lawful right to examine said bank or to proper officials legally empowered to investigate criminal charges relating to said bank or to any of its directors or employees, provided that the provisions of this section shall not apply to information included as part of the daily, monthly, biennial or other official reports of the state treasurer's office. Any public official who violates any provision of this section shall forfeit his office or employment and shall also be guilty of a felony. Any person who is not lawfully entitled to such information and who attempts to obtain such information illegally or who misuses such information as he may have obtained shall be guilty of a felony.

History:

[67-2743E, added 1969, ch. 331, sec. 11, p. 1047; am. 1970, ch. 155, sec. 1, p. 479; am. 1974, ch. 24, sec. 19, p. 744; am. 1990, ch. 213, sec. 94, p. 555; am. 1993, ch. 187, sec. 3, p. 479; am. 2015, ch. 141, sec. 169, p. 513.]
Idaho Code § 67-509 — Idaho Code / Title 67 / Chapter 5 / Section 67-509
67-509 PUBLICATION OF LEGISLATIVE JOURNALS AND SESSION LAWS — DISTRIBUTION AND REPORT.
Status: in_force

67-509. Publication of legislative journals and session laws — Distribution and report. (1) On the first legislative day or as soon thereafter as the speaker shall have been elected, it shall be the duty of the president of the senate and the speaker of the house of representatives each to appoint a printing committee for his body whose duties shall be, in addition to its duties prescribed by the rules of said bodies respectively, to immediately meet in joint session and to provide for the publication and distribution of the journals of the two (2) houses of the legislature. All costs incurred in publishing the journals shall be a proper charge against the legislative account, unless an appropriation for such purpose has been made.

(2) The joint printing committee of the senate and house of representatives shall exist to print, publish, and distribute the session laws. The joint printing committee will consist of the printing committees of each house. The chairmen of the respective judiciary and rules committees, or their designee, will chair their house's printing committee and cochair the joint printing committee.

(3) Prior to the final adjournment of the first regular legislative session, the joint printing committee must meet and determine the proper method of printing and preserving the session laws of the first and second regular legislative session. The committee may also meet if it deems it necessary during the second regular session. If the recommendation from the meeting during the first regular legislative session changes during a meeting of the second regular legislative session, a new report as provided in subsection (5) of this section must be submitted for consideration. The joint printing committee must give consideration to the cost, accessibility, and preservation of the session laws. The joint printing committee will provide sufficient physical copies of session laws.

(4) The published session laws must include the bills, concurrent resolutions, joint resolutions, petitions and memorials enacted or adopted during the legislative session. In addition, the session laws must include amendments to the constitution adopted at the preceding general election, and bills, concurrent resolutions, joint resolutions, and memorials enacted or adopted during an intervening extraordinary session of the legislature. The published session laws must include a title page, a table of contents, certificate pages, tables of amended and repealed statutes, an index of contents, and a list of each member of the senate and house of representatives.

(5) Prior to the final adjournment of the first regular legislative session, the printing committee of each house must meet jointly to consider the proper method to print and preserve the session laws. The joint printing committee will prepare a brief written report of its recommendations, which written report must be delivered to the judiciary and rules committees of the senate and the house of representatives. The written report must include the projected cost to implement its recommendation, together with a distribution list of persons that will be provided printed volume(s) of the session laws. If the written or amended report is rejected by the legislature by concurrent resolution, the joint printing committee will meet to reconsider its recommendations. If the written or amended report is not rejected, the joint printing committee will enter into an agreement(s) that is substantially consistent with its written or amended report to print, publish, and deliver the session laws, which costs will be paid from the legislative account.

History:

[(67-509) 1907, p. 327, sec. 1; am. R.C., sec. 70; reen. C.L., sec. 70; C.S., sec. 112; am. 1921, ch. 5, sec. 1, p. 6; am. 1931, ch. 8, sec. 1, p. 12; I.C.A., sec. 65-509; am. 1935, ch. 43, sec. 3, p. 79; am. 1965, ch. 17, sec. 1, p. 29; am. 1971, ch. 19, sec. 1, p. 33; am. 1977, ch. 232, sec. 1, p. 687; am. 2018, ch. 236, sec. 3, p. 555; am. 2021, ch. 166, sec. 1, p. 469.]
Idaho Code § 67-824 — Idaho Code / Title 67 / Chapter 8 / Section 67-824
67-824 STEM EDUCATION FUND.
Status: in_force

67-824. stem education fund. [effective until October 1, 2026] (1) There is hereby created in the state treasury the STEM education fund to support the programs and priorities of the state in advancing science, technology, engineering, and mathematics education.

(2) On July 1, 2026, or as soon thereafter as practicable, but no later than July 31, 2026, the state controller shall transfer all moneys in the STEM education fund established in this section to the workforce development training fund established in section 72-1203, Idaho Code.

History:

[67-824, added 2016, ch. 140, sec. 1, p. 406; am. 2018, ch. 23, sec. 2, p. 41; am. 2026, ch. 184, sec. 5, p. 831.]
Idaho Code § 67-2913A — Idaho Code / Title 67 / Chapter 29 / Section 67-2913A
67-2913A SNOWMOBILE SEARCH AND RESCUE FUND — ADVISORY COMMITTEE.
Status: in_force

67-2913A. Snowmobile search and rescue fund — Advisory committee. (1) There is hereby created in the state treasury the snowmobile search and rescue fund. Moneys in the snowmobile search and rescue fund shall be perpetually appropriated to and shall be used by the director of the Idaho state police for the purpose of defraying costs of search and rescue operations which are conducted by a county sheriff's office to assist or recover individuals riding snowmobiles, and for no other purpose. One hundred percent (100%) of the moneys distributed to the fund pursuant to section 67-7106, Idaho Code, shall be deposited to the credit of the state snowmobile search and rescue fund. The fund shall be administered in the same manner as the state search and rescue fund created in section 67-2913, Idaho Code. The director of the Idaho state police is authorized to allocate up to ten percent (10%) of the moneys for reimbursement of administrative expenses.

(2) In the event the balance in the state snowmobile search and rescue fund exceeds thirty thousand dollars ($30,000) on July 1 of any year, moneys in excess of thirty thousand dollars ($30,000) shall be divided into two (2) equal parts and distributed to the:

(a) Training subaccount of the search and rescue fund created in section 67-2913, Idaho Code; and

(b) State snowmobile fund created in section 67-7106, Idaho Code, to be used exclusively by the director of the Idaho department of parks and recreation for snowmobile trail groomer replacement.

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

(4) In the event that all moneys in the state snowmobile search and rescue fund are exhausted or no longer available, nothing in this chapter shall be construed to absolve any entity which would otherwise provide applicable services, from conducting search and rescue operations to assist or recover individuals riding snowmobiles. Nothing in this chapter shall be construed to limit recovery of moneys solely to the state snowmobile search and rescue fund for search and rescue operations assisting or recovering individuals riding snowmobiles.

(5) A three (3) member advisory committee shall review the operation and disbursement of moneys from the fund at the end of each fiscal year, and shall report to the fund administrator any proposed guidelines or policies deemed appropriate to improve operation of the fund. The committee shall be comprised of one (1) representative from the Idaho state snowmobile association, one (1) representative from the Idaho sheriffs' association, and one (1) representative appointed by the director of the Idaho department of parks and recreation. The respective organizations shall be responsible for reimbursing their member representative for any expenses incurred for service on the committee.

History:

[67-2913A, added 2005, ch. 141, sec. 1, p. 434.]
Idaho Code § 67-2363 — Idaho Code / Title 67 / Chapter 23 / Section 67-2363
67-2363 USE OF MULTIFACTOR IDENTIFICATION REQUIRED.
Status: in_force

67-2363. use of Multifactor identification required. (1) The legislative branch and its staff, the judicial branch and its staff, and the elected constitutional officers and their staffs shall implement the use of multifactor identification as that term is defined in section 67-831, Idaho Code.

(2) Multifactor identification shall be required to access information technology devices or services as those terms are described in section 67-831, Idaho Code, including but not limited to local and remote network access to any email accounts, cloud storage accounts, web applications, networks, databases, or servers.

History:

[(67-2363) 67-2362, added 2025, ch. 6, sec. 3, p. 11; am. and redesig. 2026, ch. 251, sec. 31, p. 1087.]
Idaho Code § 67-8208 — Idaho Code / Title 67 / Chapter 82 / Section 67-8208
67-8208 CAPITAL IMPROVEMENTS PLAN.
Status: in_force

67-8208. Capital improvements plan. (1) Each governmental entity intending to impose a development impact fee shall prepare a capital improvements plan. That portion of the cost of preparing a capital improvements plan which is attributable to determining the development impact fee may be funded by a one (1) time ad valorem levy which does not exceed two one-hundredths percent (.02%) of market value or by a surcharge imposed by ordinance on the collection of a development impact fee which surcharge does not exceed the development's proportionate share of the cost of preparing the plan. For governmental entities required to undertake comprehensive planning pursuant to chapter 65, title 67, Idaho Code, such capital improvements plan shall be prepared and adopted according to the requirements contained in the local planning act, section 67-6509, Idaho Code, and shall be included as an element of the comprehensive plan. The capital improvements plan shall be prepared by qualified professionals in fields relating to finance, engineering, planning and transportation. The persons preparing the plan shall consult with the development impact fee advisory committee.

The capital improvements plan shall contain all of the following:

(a) A general description of all existing public facilities and their existing deficiencies within the service area or areas of the governmental entity and a reasonable estimate of all costs and a plan to develop the funding resources related to curing the existing deficiencies including, but not limited to, the upgrading, updating, improving, expanding or replacing of such facilities to meet existing needs and usage;

(b) A commitment by the governmental entity to use other available sources of revenue to cure existing system deficiencies where practical;

(c) An analysis of the total capacity, the level of current usage, and commitments for usage of capacity of existing capital improvements, which shall be prepared by a qualified professional planner or by a qualified engineer licensed to perform engineering services in this state;

(d) A description of the land use assumptions by the government entity;

(e) A definitive table establishing the specific level or quantity of use, consumption, generation or discharge of a service unit for each category of system improvements and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, including residential, commercial, agricultural and industrial;

(f) A description of all system improvements and their costs necessitated by and attributable to new development in the service area based on the approved land use assumptions, to provide a level of service not to exceed the level of service adopted in the development impact fee ordinance;

(g) The total number of service units necessitated by and attributable to new development within the service area based on the approved land use assumptions and calculated in accordance with generally accepted engineering or planning criteria;

(h) The projected demand for system improvements required by new service units projected over a reasonable period of time not to exceed twenty (20) years;

(i) Identification of all sources and levels of funding available to the governmental entity for the financing of the system improvements;

(j) If the proposed system improvements include the improvement of public facilities under the jurisdiction of the state of Idaho or another governmental entity, then an agreement between governmental entities shall specify the reasonable share of funding by each unit, provided the governmental entity authorized to impose development impact fees shall not assume more than its reasonable share of funding joint improvements, nor shall the agreement permit expenditure of development impact fees by a governmental entity which is not authorized to impose development impact fees unless such expenditure is pursuant to a developer agreement under section 67-8214, Idaho Code; and

(k) A schedule setting forth estimated dates for commencing and completing construction of all improvements identified in the capital improvements plan.

(2) The governmental entity imposing a development impact fee shall update the capital improvements plan at least once every five (5) years. The five (5) year period shall commence from the date of the original adoption of the capital improvements plan. The updating of the capital improvements plan shall be made in accordance with procedures set forth in section 67-8206, Idaho Code.

(3) The governmental entity must annually adopt a capital budget.

(4) The capital improvements plan shall be updated in conformance with the provisions of subsection (2) of this section each time a governmental entity proposes the amendment, modification or adoption of a development impact fee ordinance.

History:

[67-8208, added 1992, ch. 282, sec. 1, p. 869; am. 1996, ch. 322, sec. 71, p. 1098; am. 1996, ch. 366, sec. 5, p. 1233; am. 2002, ch. 347, sec. 4, p. 990.]
Idaho Code § 67-4223 — Idaho Code / Title 67 / Chapter 42 / Section 67-4223
67-4223 POWERS OF BOARD.
Status: in_force

67-4223. Powers of board. The park and recreation board shall:

(1) Adopt, amend or rescind rules as may be necessary for the proper administration of the provisions of section 67-4218, et seq., Idaho Code, and the use and protection of park and recreational areas subject to its jurisdiction. A violation of any rule promulgated by the board pursuant to this provision that concerns the use and protection of park and recreation areas is an infraction.

(2) Make expenditures for the acquisition, leasing, care, control, supervision, improvement, development, extension and maintenance of all lands under the control of the department and to make arrangements, agreements, contracts or commitments, which may or may not involve expenditures or transfer of funds, with the head of any state institution, department or agency for the improvement or development of lands or properties under the control of the board, or any other department or agency of the state of Idaho.

(3) Appoint advisory, local and regional park and recreational councils, to consider, study and advise in the work of the department for the extension, development, use and maintenance of any areas which are to be considered as future park or recreational sites or which are designated as park recreational areas.

(4) Appoint a six (6) member recreational vehicle advisory committee, who shall be compensated as provided in section 59-509(f), Idaho Code, and act in an advisory capacity to the board on matters relating to the development and improvement of recreational vehicle related facilities and services as provided in subsection (5) of this section. Each member of the advisory committee shall be representative of recreational vehicle users with one (1) from each of the districts described in section 67-4221, Idaho Code. The terms of appointment shall be three (3) years, except that the initial appointees shall commence on the date of appointment and shall be of staggered lengths so that the term of two (2) members will expire annually.

(5) Administer the funds derived from the state recreational vehicle fund established in section 49-448, Idaho Code, to provide financial assistance in the form of grants to public entities for the acquisition, lease, development, improvement, operations and maintenance of facilities and services designed to promote the health, safety and enjoyment of recreational vehicle users. Up to fifteen percent (15%) of the recreational vehicle fund generated each year may be used by the department to defray recreational vehicle program administrative costs. Any moneys unused at the end of the fiscal year shall be returned to the state treasurer for deposit in the recreational vehicle fund.

(6) Cooperate with the United States and its agencies and local governments of the state for the purpose of acquiring, leasing, supervising, improving, developing, extending or maintaining lands which are designated as state parks, state monuments or state recreational areas and to secure agreements or contracts with the United States and its agencies or local governments of the state for the accomplishment of the purposes of section 67-4218, et seq., Idaho Code.

(7) Construct, lease or otherwise establish public park or recreational privileges, facilities and conveniences and to operate said recreational services and to make and collect reasonable charges for their use or to enter into contracts for their operation. The board may discount fees in order to offer use incentives to generate additional revenue for operation of the state park system. The net proceeds derived shall be credited to the park and recreation fund established in section 67-4225, Idaho Code, and are hereby specifically appropriated to defray the cost of the public park or recreational services. The department is specifically authorized to enter into contracts with the United States and its agencies which require that the state expend any excess of revenue above expenses for improvements of the recreational or park area from which the excess was derived.

(a) The board may provide for waiver of fees to any resident of Idaho who is a disabled veteran and whose disability is rated at one hundred percent (100%) or higher, permanent and total.

(b) The board may provide for a reduction of no more than fifty percent (50%) of the fee charged for recreational vehicle camping, effective Monday night through Thursday night, for any senior citizen who possesses a valid federal "golden age passport" or other equivalent successor, as issued by a federally operated facility where an entrance fee is charged.

(c) If any state recognizes senior citizens by offering a special park pass for use in that state, the board may provide for a reduction of no more than fifty percent (50%) of the fee charged for recreational vehicle camping, effective Monday night through Thursday night, for any person who possesses such a state park pass.

(d) Nonresident fees for camping must be substantially double the same camping fees charged to residents at no fewer than five (5) state parks by January 1, 2022. Nonresident entry fees must be substantially double the same entry fees charged to residents at no fewer than five (5) state parks by January 1, 2022. A single park may have more than one (1) nonresident fee substantially doubled. Other than previously made reservations as of the effective date of this act, the minimum number of substantially doubled nonresident fees referenced in this paragraph must be in place by January 1, 2022. The board has the authority to increase fees for nonresidents beyond the fee caps established in the Idaho administrative code and other fees may also be increased for nonresidents if allowed by law and preexisting contractual obligations. Nothing in this paragraph limits the amounts or types of fees the board may charge nonresidents.

(8) Prepare, maintain and keep up to date a comprehensive plan for the provision of the outdoor recreational resources of the state; to develop, operate and maintain or enter into leases or agreements with local governments for the operation and maintenance of outdoor recreational areas and facilities of the state, and to acquire lands, waters and interests in lands and waters for such areas and facilities.

(9) Apply to any appropriate agency or officer of the United States for participation by the department or a political subdivision of the state or the receipt of aid from any federal program respecting outdoor recreation. It may enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial and other records relating thereto and furnish to appropriate officials and agencies of the United States reports and information as may be reasonably necessary to enable officials and agencies to perform their duties under such programs. In connection with obtaining the benefits of any program, the park and recreation board shall coordinate its activities with and represent the interests of all agencies and subdivisions of the state having interests in the planning, development and maintenance of outdoor recreational resources and facilities.

(10) Obligate the state regarding the responsible management of any federal funds transferred to it for the purpose of any federal enactment and, in accordance with the exercise of this responsibility, the state hereby consents to be sued in any United States district court for the recovery of any federal funds that the responsible federal official, department or agency finds have been misused or disposed of contrary to the agreement with the federal official, department or agency or contrary to the provisions of federal enactment or applicable federal regulations.

(11) Cooperate and contract with and receive and expend aid, donations and matching funds from the government of the United States, to receive and expend donations from other sources to acquire, develop, operate and maintain outdoor recreational areas and facilities of the state and, when authorized or directed by any act of congress or any rule or regulation of any agency of the government of the United States, to expend funds donated or granted to the state of Idaho by the federal government for such purposes.

Provided however, the park and recreation board shall make no commitment or enter into any agreement pursuant to an exercise of authority under section 67-4218, et seq., Idaho Code, until it has determined that sufficient funds are available to it for meeting the state's share, if any, of project costs. It is legislative intent that, to the extent as may be necessary to assure the proper operation and maintenance of areas and facilities acquired or developed pursuant to any program participated in by this state under authority of section 67-4218, et seq., Idaho Code, such areas and facilities shall be publicly maintained for outdoor recreational purposes. The park and recreation board may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development projects involving participating federal-aid funds or state funds on behalf of any subdivision or subdivisions of this state. Provided, that the subdivision or subdivisions give necessary assurances to the park and recreation board that they have available sufficient funds to meet their shares, if any, of the cost of the project and that the acquired or developed areas will be operated and maintained at the expense of the subdivision or subdivisions for public outdoor recreational use.

(12) Establish, develop, supervise and maintain through cooperative agreement, lease, purchase or other arrangement the Idaho recreation trail system, with the advice of the coordinator created in section 67-4233, Idaho Code, and consistent with the goals of recreation, transportation and public access to outdoor areas.

(13) Enter into agreements with cities, counties, recreation districts or other political subdivisions of the state to cost-effectively provide recreational facilities, opportunities and services to the citizens of the state.

(14) Have the authority to regulate firearm discharges in state parks for the protection of the public. However, this subsection shall not apply to or affect a person discharging a firearm in the lawful defense of person, persons or property or to a person discharging a firearm in the course of lawful hunting. The possession or carrying of firearms is otherwise regulated by chapter 33, title 18, Idaho Code.

(15) Enter into agreements with private, nonprofit public benefit corporations and other persons, corporations and entities, as may be appropriate, to assist the department in its efforts to secure long-term funding sources for the state park and recreation system to ensure state parks are preserved and open for public use and enjoyment. Such agreements may include, but shall not be limited to, memberships, corporate and individual sponsorships, the sale of advertising, and marketing agreements to fund or promote, in whole or in part, state park and recreation events, programs and facilities. The board may encourage sponsorships by providing appropriate recognition to sponsors consistent with the mission of the department of parks and recreation as set forth in section 67-4219, Idaho Code. All revenue received from such agreements shall be deposited into the park and recreation fund pursuant to section 67-4225, Idaho Code.

History:

[67-4223, added 1965, ch. 85, sec. 6, p. 139; am. 1972, ch. 65, sec. 6, p. 108; am. 1974, ch. 300, sec. 3, p. 1763; am. 1985, ch. 184, sec. 3, p. 471; am. 1988, ch. 253, sec. 5, p. 491; am. 1988, ch. 265, sec. 585, p. 879; am. 1993, ch. 286, sec. 3, p. 975; am. 1995, ch. 40, sec. 1, p. 59; am. 1995, ch. 332, sec. 2, p. 1106; am. 1998, ch. 361, sec. 1, p. 1131; am. 2001, ch. 43, sec. 1, p. 80; am. 2002, ch. 225, sec. 2, p. 648; am. 2005, ch. 201, sec. 1, p. 609; am. 2006, ch. 229, sec. 2, p. 683; am. 2009, ch. 58, sec. 1, p. 162; am. 2015, ch. 335, sec. 1, p. 1265; am. 2021, ch. 92, sec. 1, p. 320; am. 2026, ch. 88, sec. 7, p. 458.]
Idaho Code § 67-6541 — Idaho Code / Title 67 / Chapter 65 / Section 67-6541
67-6541 ACCESSORY DWELLING UNITS.
Status: in_force

67-6541. accessory dwelling units. (1) No city shall enact or enforce any ordinance, rule, regulation, or policy that bans accessory dwelling units in any residential zoning area within its jurisdiction. An accessory dwelling unit shall be classified as a residential land use for zoning purposes subject to all applicable zoning requirements. "Accessory dwelling unit" means a self-contained living unit that includes its own cooking, sleeping, and sanitation facilities and that is located on the same lot as a single-family primary dwelling. An accessory dwelling unit may be internal, attached, or detached but does not include a motorhome, camper, recreational vehicle, tiny home on wheels, or other such similar dwellings on wheels.

(2) By February 1, 2027, by resolution or ordinance adopted, amended, or repealed in accordance with the notice and hearing procedures provided under section 67-6509, Idaho Code, each city governing board shall amend its comprehensive plan and land use regulations for all land zoned for single-family residential uses, except for lands falling within an area defined as a historic district under section 67-4607, Idaho Code, or designated as a historic property pursuant to section 67-4614, Idaho Code, to:

(a) Allow for either one (1) internal accessory dwelling unit within the single-family dwelling or one (1) detached accessory dwelling unit per lot in the rear yard or subject to setbacks required of the primary dwelling;

(b) Prohibit requiring any off-street parking or guest parking for any accessory dwelling unit unless the principal dwelling unit does not have off-street parking or the street is not paved and designed or constructed for on-street parking or unless the principal dwelling unit is within one-fourth (1/4) mile of transit, an employment area, or commercial services;

(c) Prohibit imposing impact fees or utility connection fees on accessory dwelling units that are greater than those imposed on other single-family dwellings;

(d) Prohibit limiting the size of an accessory dwelling unit to less than one thousand (1000) square feet or seventy-five percent (75%) of the size of the primary dwelling;

(e) Prohibit an owner-occupancy requirement for the primary dwelling or for the accessory dwelling unit;

(f) Prohibit imposing a limit on building height that is less than the height of an existing single-family primary dwelling on a lot; and

(g) Prohibit restrictions for accessory dwelling units that are more restrictive than restrictions for single-family dwellings within the same zoning district with regard to setbacks, lot size, or coverage or building frontage.

(3) Accessory dwelling unit projects that meet the jurisdiction's established land use requirements shall be approved administratively and as a matter of right, without the need for discretionary approval.

(4) Any approval standards, special conditions, and procedures for approval adopted by a local government shall be clear and objective and shall not have the effect, either singularly or cumulatively, of discouraging the development of accessory dwelling units through unreasonable cost or delay.

(5) Nothing in this section shall prohibit a city from enacting a regulation, standard, or condition that is less restrictive than the requirements of this section.

(6) The provisions of this section shall apply only to cities with a population greater than ten thousand (10,000).

(7) The provisions of this section shall not supersede state or local laws that protect public health, safety, and welfare, including:

(a) Building codes, fire safety standards, and flood plain regulations;

(b) Laws regarding water, sewer, storm drainage, road access, and utility services necessary to support the required density;

(c) Laws regarding environmental hazards, aquifer recharge zones, steep slopes, and critical habitat protections; and

(d) Laws and regulations regarding setback requirements for rights-of-way and easements.

History:

[67-6541, added 2026, ch. 265, sec. 2, p. 1118.]
Idaho Code § 67-4509 — Idaho Code / Title 67 / Chapter 45 / Section 67-4509
67-4509 STATE INSECT DESIGNATED.
Status: in_force

67-4509. State insect designated. The monarch butterfly is designated and declared to be the state insect of Idaho.

History:

[67-4509, added 1992, ch. 103, sec. 1, p. 322.]
Idaho Code § 67-4240 — Idaho Code / Title 67 / Chapter 42 / Section 67-4240
67-4240 LEGISLATIVE INTENT.
Status: in_force

67-4240. Legislative intent. The legislature finds that in order to obtain the maximum long-term benefits to the people of Idaho, it is necessary for lands of outstanding park and recreation potential to be acquired and incorporated into the state park system in the most economical manner possible.

The legislature further recognizes that the land assets of the department must be reviewed from time to time to determine whether such assets are most suitable for achieving the department's objectives. If such assets are unsatisfactory for the purpose of providing outstanding park and recreation opportunities or because of geographic location or other factors are inefficient to manage, then such assets should be replaced by other, more suitable assets so that the full potential of the state park system shall be realized.

The purpose of this chapter is to provide a means to facilitate the disposition, by the parks and recreation board, of unsuitable park and recreation lands, and the acquisition of lands to improve the overall park and recreation opportunities offered by the state park system.

History:

[67-4240, added 1989, ch. 386, sec. 1, p. 962.]
Idaho Code § 67-8802 — Idaho Code / Title 67 / Chapter 88 / Section 67-8802
67-8802 IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR COMMISSION CREATED — MEMBERSHIP — ESTABLISHMENT OF QUALIFICATIONS FOR AWARD.
Status: in_force

67-8802. Idaho law enforcement, firefighting and EMS medal of honor commission created — Membership — Establishment of qualifications for award. (1) There is hereby created in the office of the governor the Idaho law enforcement, firefighting and EMS medal of honor commission, hereafter referred to as the commission, which shall nominate candidates for the award of the Idaho medal of honor. The commission shall consist of one (1) representative from each of the following: the office of the governor, the office of the attorney general, the Idaho prosecuting attorneys association, the Idaho chiefs of police association, the Idaho fire chiefs association, the Idaho sheriffs' association, the Idaho peace officers association, the Idaho military division, the peace officers standards and training council, and the professional firefighters of Idaho. Members of the commission shall be appointed by the governor and shall each serve for a term of four (4) years. Members of the commission shall hold office until the latter of expiration of the term to which the member was appointed or his successor has been duly appointed and qualified.

(2) The attorney general or his designee shall serve as chair of the commission and shall designate a secretary for the commission.

(3) The commission shall meet annually, or at the call of the chair, to consider candidates for nomination. Commission meetings may be conducted via teleconference.

(4) The commission may adopt such rules as it deems necessary to carry out the purposes of this chapter.

History:

[67-8802, added 2004, ch. 367, sec. 1, p. 1089; am. 2005, ch. 163, sec. 3, p. 498; am. 2020, ch. 152, sec. 2, p. 454; am. 2025, ch. 94, sec. 34, p. 489.]