reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 23 - MISCELLANEOUS PROVISIONS › Section 67-2350 - SNOW REMOVAL RESPONSIBILITIES.

67-2350. SNOW REMOVAL RESPONSIBILITIES. (1) No county, city or highway district shall be responsible for the removal of snow on roads in the county, city or highway district over which they have no jurisdiction.
(2) The county, city or highway district may keep a list of any persons or entities that are interested in providing snow removal on private roads as a source of information for the public and shall provide to interested citizens the names of those individuals on a rotating basis.
(3) Notwithstanding the limitations imposed by this section, if no private persons are available or if they refuse to provide snowplowing to interested citizens, a county, city or highway district may provide the service for which the county, city or highway district may require reimbursement.
History:
[67-2350, added 1997, ch. 179, sec. 1, p. 497.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 23 - MISCELLANEOUS PROVISIONS › Section 67-2351 - SHORT TITLE.

67-2351. SHORT TITLE. This act shall be known and may be cited as the "Energy Facility Site Advisory Act."
History:
[67-2351, added 2007, ch. 164, sec. 1, p. 490.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 23 - MISCELLANEOUS PROVISIONS › Section 67-2352 - DEFINITIONS.

67-2352. DEFINITIONS. As used in this act, the following definitions shall apply:
(1) "Department" means any department of state government as defined in section 67-2402, Idaho Code.
(2) "Energy facility" means any electrical generating facility with a rated capacity at location and at fifty-nine (59) degrees of more than fifty (50) megawatts regardless of fuel source.
History:
[67-2352, added 2007, ch. 164, sec. 1, p. 490.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 23 - MISCELLANEOUS PROVISIONS › Section 67-2353 - CITY OR COUNTY REQUEST FOR ADVICE.

67-2353. CITY OR COUNTY REQUEST FOR ADVICE. (1) In the event that a city or county has before it a matter in which it considers a permit to construct and operate an energy facility that will be used for the generation of electricity, the city or county may request assistance in the evaluation of the environmental attributes and impacts of the operation of the facility from any department of state government as provided in this act. The request to a department for assistance shall specify the scope of the requested assistance, shall request a written response to the request and shall include the information provided to the city or county by the applicant that relates to the request for assistance.
(2) In addition to such other information as the ordinances of the city or county may require, a city or county may require an applicant for the construction of an energy facility to submit preliminary air emission and preliminary water consumption data concerning the proposed energy facility based on the design of the facility.
(3) If a city or county requests assistance from more than one (1) department, the city or county may designate one of the departments to coordinate the reporting by all departments pursuant to this act.
History:
[67-2353, added 2007, ch. 164, sec. 1, p. 491.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 23 - MISCELLANEOUS PROVISIONS › Section 67-2354 - DEPARTMENT RESPONSIBILITIES.

67-2354. DEPARTMENT RESPONSIBILITIES. (1) Upon receiving a request for assistance from a city or county, the department receiving the request shall review the information provided to the department by the city or county. The department may make such investigations as it considers necessary to respond to the request for advice. Within sixty (60) days of receiving a request for assistance, the department shall issue a written report to the city or county that made the request. If a city or county requests assistance from more than one (1) department, all departments to which a request is made shall cooperate with the department designated by the city or county to coordinate the activities of all departments in performing their reporting obligation.
(2) A department that has received a request for assistance pursuant to this act shall cause a qualified employee of the department to appear at a hearing on the application held pursuant to section 67-2355(3), Idaho Code, upon the request of the city or county that requested the assistance.
(3) Compliance with this act shall not preempt or otherwise affect the duties of the department under state law.
History:
[67-2354, added 2007, ch. 164, sec. 1, p. 491.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 23 - MISCELLANEOUS PROVISIONS › Section 67-2355 - CONSIDERATION OF APPLICATION — LOCAL REGULATION.

67-2355. CONSIDERATION OF APPLICATION — LOCAL REGULATION. (1) The city or county shall consider an application for the construction of an energy facility under its existing ordinances except as otherwise provided in this section.
(2) In considering an application for the construction of an energy facility, the city or county may not consider the following factors or attributes of an energy facility because the factors are the responsibility of the public utilities commission, an electric cooperative governing board or a city council overseeing a municipal electric system:
(a) The need for or use of the energy by the applicant or by one (1) or more electric utilities or purchasers of the energy;
(b) The resource plan or financial characteristics of an electric utility or purchaser of the energy; or
(c) Alternative resource options or alternative energy facility sites that were considered by the applicant or utility owner or purchaser, or that may be or were available or should have been considered for comparative purposes.
(3) The city or county shall hold at least one (1) public hearing affording the public an opportunity to comment on each proposed energy facility before the approval of the facility. Several sites may be considered at any one (1) public hearing. A representative of the state department or departments that have provided written reports shall appear at the hearing at the request of the city or county. Members of the public who are not residents of the city or county may provide comments at the hearing. The city or county, when deciding whether to approve the application, shall duly consider all comments. The city or county may approve or disapprove the application regardless of the written advice by a state department. A hearing held pursuant to the existing ordinances of the city or county that meets all of the requirements of this subsection is held in compliance with this subsection.
History:
[67-2355, added 2007, ch. 164, sec. 1, p. 491.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 23 - MISCELLANEOUS PROVISIONS › Section 67-2358 - COLLECTION OF PUBLIC DEBTS — FEES.

67-2358. COLLECTION OF PUBLIC DEBTS — FEES.
(1) (a) Public agencies, as defined in section 67-2327, Idaho Code, may retain by written contract a collection agency that has a permit pursuant to chapter 22, title 26, Idaho Code, for the purpose of collecting public debts owed by any person, including any restitution that is being collected on behalf of a crime victim.
(b) Any public agency using a collection agency as provided in this section may add a reasonable fee, payable by the debtor, to the outstanding debt for the collection agency fee incurred or to be incurred. The amount to be paid for collection services shall be left to the agreement of the public agency and its collection agency or agencies, but in no case shall a contingent fee exceed thirty-three percent (33%) of the unpaid debt per account.
(2) (a) No debt may be assigned to a collection agency unless there has been a reasonable attempt to advise the debtor of the debt and at least thirty (30) days have elapsed from the time such notice was attempted. The public agency shall maintain a record of all attempts to notify the debtor of the existence of the debt.
(b) As used in this subsection, "reasonable attempt" means that the public agency has notified the debtor, either by mail, electronic transaction, telephone or in person, of the existence of the debt and that the public agency is attempting to collect the debt and any information obtained will be used for that purpose. At least one (1) notice sent pursuant to this subsection shall be in writing and shall state:
(i) The amount of the debt;
(ii) That unless the debtor, within thirty (30) days after receipt of notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the public agency;
(iii) That if the debtor notifies the public agency in writing within the thirty (30) day period that the debt, or any portion thereof, is disputed, the public agency will obtain verification of the debt and a copy of such verification will be mailed to the consumer by the public agency; and
(iv) That the public agency may employ a debt collection agency to collect a debt, which may result in additional costs to the debtor if the debtor fails to pay the debt.
(3) Collection agencies acting pursuant to this section shall have only those remedies and powers which are available to them under chapter 22, title 26, Idaho Code.
(4) For purposes of this section, the term "debt" shall include all debts, including the fee required under subsection (1)(b) of this section, except as otherwise provided by law.
History:
[67-2358, added 2003, ch. 245, sec. 2, p. 636.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 23 - MISCELLANEOUS PROVISIONS › Section 67-2359 - CONTRACT WITH A COMPANY OWNED OR OPERATED BY THE GOVERNMENT OF CHINA PROHIBITED.

67-2359. CONTRACT WITH A COMPANY OWNED OR OPERATED BY THE GOVERNMENT OF CHINA PROHIBITED. (1) A public entity in this state may not enter into a contract with a company to acquire or dispose of services, supplies, information technology, or construction unless the contract includes a written certification that the company is not currently owned or operated by the government of China and will not for the duration of the contract be owned or operated by the government of China.
(2) As used in this section:
(a) "Government of China" means the People’s Republic of China led by the Chinese communist party.
(b) "Company" means any for-profit or not-for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of those entities or business associations.
(c) "Public entity" means the state of Idaho or any political subdivision thereof, including all boards, commissions, agencies, institutions, authorities, and bodies politic and corporate of the state, created by or in accordance with state law or regulations.
(3) The provisions of this section shall apply to contracts executed on and after July 1, 2023. Upon discovering that a contract fails to comply with the provisions of this section, the contracting authority shall have a period of ninety (90) days to obtain the certification described in subsection (1) of this section. After such time, any contract continuing to violate the provisions of this section shall be void as against public policy. Any contract executed prior to July 1, 2023, that violates the provisions of this section will not be renewed.
(4) The department of administration shall have authority to promulgate rules to implement the provisions of this section as long as they are consistent with the provisions of this section and do not create any exceptions to it.
History:
[67-2359, added 2023, ch. 253, sec. 1, p. 770.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 24 - CIVIL STATE DEPARTMENTS — ORGANIZATION › Section 67-2401 - GUBERNATORIAL RESPONSIBILITY — ADMINISTRATIVE DEPARTMENTS CREATED.

67-2401. GUBERNATORIAL RESPONSIBILITY — ADMINISTRATIVE DEPARTMENTS CREATED. The supreme executive power of the state is vested by the Constitution, article 4, section 5, in the governor, who is expressly charged with the duty of seeing that the laws are faithfully executed. In order that he may exercise a portion of the authority so vested and in addition to the powers now conferred upon him by law, civil administrative departments are hereby created, through the instrumentality of which the governor is authorized to exercise the functions in this act assigned to each department, respectively.
History:
[(67-2401) 1919, ch. 8, sec. 1, p. 43; C.S., sec. 250; I.C.A., sec. 65-2301.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 24 - CIVIL STATE DEPARTMENTS — ORGANIZATION › Section 67-2402 - STRUCTURE OF THE EXECUTIVE BRANCH OF IDAHO STATE GOVERNMENT.

67-2402. STRUCTURE OF THE EXECUTIVE BRANCH OF IDAHO STATE GOVERNMENT. (1) Pursuant to section 20, article IV, Idaho constitution, all executive and administrative offices, agencies, and instrumentalities of the executive department of state, except for those assigned to the elected constitutional officers, are allocated among and within the following departments:
Department of administration
Department of agriculture
Department of commerce
Department of labor
Department of correction
Department of environmental quality
Department of finance
Department of fish and game
Department of health and welfare
Department of insurance
Department of juvenile corrections
Idaho transportation department
Industrial commission
Department of lands
Idaho state police
Department of parks and recreation
Department of revenue and taxation
Department of self-governing agencies
Department of water resources
State board of education
The public school districts of Idaho, having condemnation authority, shall be considered civil departments of state government for the purpose of and limited to the purchase of state endowment land at appraised prices.
(2) The governor, lieutenant governor, secretary of state, state controller, state treasurer, attorney general and superintendent of public instruction each heads a constitutional office.
(3) For its internal structure, unless specifically provided otherwise, each department shall adhere to the following standard terms:
(a) The principal unit of a department is a division. Each division shall be headed by an administrator. The administrator of any division shall be exempt from the provisions of chapter 53, title 67, Idaho Code.
(b) The principal unit of a division is a bureau. Each bureau shall be headed by a chief.
(c) The principal unit of a bureau is a section. Each section shall be headed by a supervisor.
History:
[(67-2402) 1919, ch. 8, sec. 2, p. 43; C.S., sec. 251; am. 1921, ch. 104, sec. 2, p. 233; I.C.A., sec. 65-2302; am. 1939, ch. 37, sec. 11, p. 74; am. 1941, ch. 82, sec. 1, p. 151; am. 1947, ch. 59, sec. 1, p. 82; am. 1947, ch. 238, sec. 1, p. 587; am. 1969, ch. 466, sec. 10, p. 1326; am. 1972, ch. 196, sec. 17, p. 483; am. 1974, ch. 40, sec. 2, p. 1072; am. 1975, ch. 164, sec. 13, p. 18; am. 1978, ch. 242, sec. 1, p. 519; am. 1985, ch. 160, sec. 2, p. 428; am. 1994, ch. 180, sec. 196, p. 544; am. 1995, ch. 44, sec. 59, p. 102; am. 1995, ch. 365, sec. 2, p. 1277; am. 1996, ch. 421, sec. 4, p. 1413; am. 2000, ch. 132, sec. 1, p. 311; am. 2000, ch. 469, sec. 1, p. 1456; am. 2004, ch. 346, sec. 9, p. 1035; am. 2007, ch. 360, sec. 26, p. 1090.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 24 - CIVIL STATE DEPARTMENTS — ORGANIZATION › Section 67-2403 - HEADS OF DEPARTMENTS.

67-2403. HEADS OF DEPARTMENTS. (1) Each department, unless specifically provided otherwise, shall have an officer as its executive and administrative head who shall be known as a director. The director of each department shall, subject to the provisions of law, execute the powers and discharge the duties vested by law in his department.
(2) The director of the department may appoint a deputy director. The deputy director of the department shall be exempt from the provisions of chapter 53, title 67, Idaho Code.
History:
[(67-2403) 1919, ch. 8, sec. 3, p. 43; C.S., sec. 252; I.C.A., sec. 65-2303; am. 1943, ch. 58, sec. 1, p. 120; am. 1974, ch. 40, sec. 3, p. 1072; am. 1995, ch. 365, sec. 3, p. 1278.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 24 - CIVIL STATE DEPARTMENTS — ORGANIZATION › Section 67-2404 - APPOINTMENT OF DEPARTMENT HEADS.

67-2404. APPOINTMENT OF DEPARTMENT HEADS. (1) Unless specifically provided otherwise, the governor shall appoint all department directors. The appointment of a director is subject to the advice and consent of the senate. The governor may appoint a director to assume office prior to confirmation by the senate. The director so appointed is vested with all the rights, powers, and duties of the office upon assuming office, not withstanding the fact that he has not been confirmed by the senate. If the senate does not confirm the appointment of a director, the governor shall make a new appointment.
(2) Unless a term of office is provided by law, each director, unless specifically provided otherwise, shall serve at the pleasure of the governor.
(3) The governor shall select each director on the basis of his professional and administrative knowledge and experience, and such other qualifications as may be provided by law.
(4) If a vacancy occurs in the office of director, the governor shall appoint a new director to serve at the pleasure of the governor.
History:
[67-2404, added I.C. sec. 67-2404, As added by 1974, ch. 40, sec. 4, p. 1072.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 24 - CIVIL STATE DEPARTMENTS — ORGANIZATION › Section 67-2405 - POWERS AND DUTIES OF DEPARTMENT HEADS.

67-2405. POWERS AND DUTIES OF DEPARTMENT HEADS. (1) Unless specifically provided otherwise, each department head shall:
(a) Supervise, direct, account for, organize, plan, administer and execute the functions vested within the department as provided by law.
(b) Establish policy to be followed by the department and its employees.
(c) Compile and submit reports and budgets for the department as required by law.
(d) Provide the governor with any information that he requests at any time on the operation of the department.
(e) Represent the department in communications to the legislature and the governor.
(f) Establish the internal organizational structure of the department and assign the functions of the department to subunits to promote economic and efficient administration and operation of the department. The internal structure of a department shall be established in accordance with section 67-2402(3), Idaho Code.
(g) Subject to law, and the provisions of the state’s merit system, establish and make appointments to necessary subordinate positions, remove incompetent, ineffectual or unfit employees and abolish unnecessary positions.
(2) Each department head has authority to:
(a) Prescribe rules consistent with law for the administration of the department, the conduct of employees, the distribution and performance of business, and the custody, use and preservation of records, documents and property pertaining to the operation of the department. The constitutional officers shall prescribe their own rules.
(b) Subject to law, and the state merit system where applicable, transfer employees between positions, remove persons appointed to positions, and change the duties, titles, and compensation of employees within the department.
(c) Delegate any of the functions vested within the department head to subordinate employees, except the power to fix their compensation.
(d) Require that any officer or employee of the department give an official bond, if the officer or employee of the department is not required to do so by law, in the amount to be determined by the director of the department of administration.
History:
[67-2405, added I.C., sec. 67-2405, as added by 1974, ch. 40, sec. 5, p. 1072; am. 1993, ch. 235, sec. 1, p. 817.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 24 - CIVIL STATE DEPARTMENTS — ORGANIZATION › Section 67-2406 - DIRECTORS OF DEPARTMENTS ENUMERATED.

67-2406. DIRECTORS OF DEPARTMENTS ENUMERATED. The following department directors are created:
Director, department of administration
Director, department of agriculture
Director, department of commerce
Director, department of labor
Director, department of correction
Director, department of finance
Director, department of fish and game
Director, department of environmental quality
Director, department of health and welfare
Director, department of insurance
Director, department of juvenile corrections
Director, Idaho transportation department
Director, department of lands
Director, Idaho state police
Director, department of parks and recreation
Director, department of water resources.
History:
[67-2406, added 1974, ch. 40, sec. 6, p. 1072; am. 1985, ch. 160, sec. 3, p. 429; am. 1995, ch. 44, sec. 60, p. 103; am. 1996, ch. 421, sec. 5, p. 1413; am. 2000, ch. 132, sec. 2, p. 312; am. 2000, ch. 469, sec. 2, p. 1457; am. 2004, ch. 346, sec. 10, p. 1036; am. 2007, ch. 360, sec. 27, p. 1091.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 24 - CIVIL STATE DEPARTMENTS — ORGANIZATION › Section 67-2410 - NO COMPENSATION FOR ADVISORY BOARDS.

67-2410. NO COMPENSATION FOR ADVISORY BOARDS. No member of an advisory and nonexecutive board shall receive any compensation.
History:
[(67-2410) 1919, ch. 8, sec. 10, par. 1, p. 43; C.S., sec. 259; I.C.A., sec. 65-2310.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 25 - CIVIL STATE DEPARTMENTS — CONDUCT › Section 67-2501 - ADMINISTRATIVE RULES PRESCRIBED BY DIRECTOR.

67-2501. ADMINISTRATIVE RULES PRESCRIBED BY DIRECTOR. The director of each department is empowered to prescribe regulations, not inconsistent with law, for the government of his department, the conduct of its employees and clerks, the distribution and performance of its business and the custody, use and preservation of the records, papers, books, documents, and property pertaining thereto.
History:
[(67-2501) 1919, ch. 8, sec. 13, p. 43; C.S., sec. 263; I.C.A., sec. 65-2401; am. 1974, ch. 40, sec. 7, p. 1072.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 25 - CIVIL STATE DEPARTMENTS — CONDUCT › Section 67-2502 - OFFICES — BRANCH OFFICES.

67-2502. OFFICES — BRANCH OFFICES. Each department shall maintain a central office in Ada county. The director of each department may in his discretion and with the approval of the governor, establish and maintain, at other places, branch offices for the conduct of any one (1) or more functions of his department.
No department or unit of a department may share office space, facilities, equipment or personnel with any private group or association except upon written approval of the governor.
History:
[(67-2502) 1919, ch. 8, sec. 14, p. 43; C.S., sec. 264; I.C.A., sec. 65-2402; am. 1974, ch. 40, sec. 8, p. 1072; am. 2001, ch. 183, sec. 34, p. 639.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 25 - CIVIL STATE DEPARTMENTS — CONDUCT › Section 67-2503 - SEAL.

67-2503. SEAL. Each department shall adopt and keep an official seal.
History:
[(67-2503) 1919, ch. 8, sec. 15, p. 43; C.S., sec. 265; I.C.A., sec. 65-2403.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 25 - CIVIL STATE DEPARTMENTS — CONDUCT › Section 67-2504 - EMPLOYEES.

67-2504. EMPLOYEES. Subject to the provisions of chapter 53, title 67, Idaho Code, unless otherwise provided for by law, each department is empowered to employ necessary employees, and, if the rate of compensation is not otherwise fixed by law, to fix their compensation.
History:
[(67-2504) 1919, ch. 8, sec. 16, p. 43; C.S., sec. 266; I.C.A., sec. 65-2404; am. 1974, ch. 40, sec. 9, p. 1072.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 25 - CIVIL STATE DEPARTMENTS — CONDUCT › Section 67-2508 - COMPENSATION FOR PUBLIC SERVICE.

67-2508. COMPENSATION FOR PUBLIC SERVICE. No employee in the several departments, employed at a fixed compensation, shall be paid for any extra service performed by such employee in the ordinary course of his employment, unless expressly authorized by law.
Whenever the public interest may be served thereby, an employee of any department, with the written approval of the employing department, may be permitted to accept additional employment by the same, or another department, in any educational program conducted under the supervision of the state board of education or the board of regents of the University of Idaho, when such additional employment is not in the ordinary course of the employment of such employee and will be performed in addition to, and beyond, the hours of service required in the ordinary course of employment. The written approval of the employing department shall be filed with the secretary of the state board of examiners together with a statement that such additional employment is not in the course of the employee’s employment, and will be performed in addition to the statutory hours of employment.
History:
[67-2508, added I.C., sec. 67-2508, as added by 1970, ch. 77, sec. 1, p. 193.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 25 - CIVIL STATE DEPARTMENTS — CONDUCT › Section 67-2510 - COOPERATION OF DEPARTMENTS.

67-2510. COOPERATION OF DEPARTMENTS. The governor shall devise a practical and working basis for cooperation and coordination of work, eliminating duplication and overlapping of functions. All departments shall, so far as practicable, cooperate with each other in the employment of services and the use of quarters and equipment. The director of any department may empower or require an employee of another department, subject to the consent of the superior officer of the employee, to perform any duty which he might require of his own subordinates.
Whenever in this act power is vested in a department to inspect, examine, secure data or information, or to procure assistance from another department, a duty is hereby imposed upon the department upon which demand is made, to make such power effective.
History:
[(67-2510) 1919, ch. 8, sec. 22, p. 43; C.S., sec. 272; I.C.A., sec. 65-2410; am. 1974, ch. 40, sec. 11, p. 1072.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 25 - CIVIL STATE DEPARTMENTS — CONDUCT › Section 67-2511 - GROSS RECEIPTS PAYABLE INTO TREASURY — APPROPRIATION AND WARRANT OF CONTROLLER PREREQUISITES TO EXPENDITURE OF STATE FUNDS.

67-2511. GROSS RECEIPTS PAYABLE INTO TREASURY — APPROPRIATION AND WARRANT OF CONTROLLER PREREQUISITES TO EXPENDITURE OF STATE FUNDS. The gross amount of money received by every department, from whatever source, belonging to or for the use of the state, shall be paid into the state treasury, without delay without any deduction on account of salaries, fees, costs, charges, expenses or claim of any description whatever and shall be credited to such fund or funds as are now or may hereafter be designated by law for the deposit thereof. No money belonging to, or for the use of, the state shall be expended or applied by any department except in consequence of an appropriation made by law and upon the warrant of the state controller.
History:
[(67-2511) 1919, ch. 8, sec. 23, p. 43; C.S., sec. 273; I.C.A., sec. 65-2411; am. 1994, ch. 180, sec. 197, p. 545.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2602 - ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES.

67-2602. ADMINISTRATOR OF THE DIVISION OF OCCUPATIONAL AND PROFESSIONAL LICENSES. The division of occupational and professional licenses shall be headed by an administrator appointed by the governor and who shall serve at the pleasure of the governor.
History:
[67-2602, added 2021, ch. 224, sec. 4, p. 662.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2603 - DIVISION EMPLOYEES.

67-2603. DIVISION EMPLOYEES. (1) Employees of the division of occupational and professional licenses shall be subject to the provisions set forth in chapter 53, title 67, Idaho Code, except where otherwise specified.
(2) A division administrator shall be considered a nonclassified employee, an executive employee, and an exempt employee.
History:
[67-2603, added 2021, ch. 224, sec. 7, p. 662.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2605 - ADMINISTRATOR TO PERFORM SAFETY INSPECTIONS AND ISSUE SAFETY ORDERS.

67-2605. ADMINISTRATOR TO PERFORM SAFETY INSPECTIONS AND ISSUE SAFETY ORDERS. (1) The administrator of the division of occupational and professional licenses shall have the authority to perform safety inspections and safety training programs for logging operations in Idaho.
(2) When an inspection reveals evidence of a condition that poses an immediate threat of serious bodily harm or loss of life to any person, the administrator, and while on public highways the directors of the Idaho state police and the Idaho transportation department, may issue a safety order to immediately stop the work, close the facility or site, or detain the vehicle where the threat exists. The safety order shall not be rescinded until after the threat has been corrected or removed.
(3) A safety order provided for in this section may be enforced by the attorney general in a civil action brought in the district court for the county wherein the hazardous work site or facility is located or the vehicle is detained.
(4) Any person who knowingly fails or refuses to comply with a safety order shall be guilty of a misdemeanor.
(5) The administrator shall promulgate rules adopting minimum logging safety standards and procedures for conducting inspections and safety training.
(6) The directors of the Idaho state police and the Idaho transportation department shall have authority on public highways to stop and inspect vehicles and enforce rules promulgated by the administrator pursuant to this section.
(7) In addition to safety inspections of state-owned public buildings conducted under chapter 23, title 67, Idaho Code, the administrator may conduct safety inspections of buildings owned or maintained by political subdivisions of the state upon receipt of a written request from the governing body of that political subdivision, subject to the availability of division resources and the requesting entity’s agreement to pay the division’s current fees for such an inspection.
(a) The findings of such safety inspection shall be reported to the governing body of the political subdivision.
(b) The administrator may promulgate rules adopting minimum safety standards and procedures for conducting such safety inspections, as well as fees for performing the same.
(c) For purposes of this section, "political subdivision" means any governmental unit or special district of the state of Idaho other than public school districts.
History:
[67-2605, added 2021, ch. 224, sec. 11, p. 664.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2606 - LICENSE FEES — MILITARY EXEMPTION.

67-2606. LICENSE FEES — MILITARY EXEMPTION. All persons holding occupational or professional licenses issued by the state of Idaho and who are serving in the armed forces of the United States or its allies, or auxiliary services thereof, and any prisoners of war in custody of the enemy countries of the United States or its allies may be exempt from the payment of any professional or occupational license or renewal fee required by any law of this state for the period during which such persons shall be engaged in the military services of the United States, or its auxiliary branches, or held as prisoners. During such period of military service, or service in the auxiliary branches thereof, or servitude and for six (6) months following the discharge from such military service or auxiliary service, such license shall remain in good standing without the necessity of renewal, and during said period the same shall not be canceled, suspended, or revoked.
History:
[67-2606, added 2021, ch. 224, sec. 13, p. 665.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2607 - DIVISION ADMINISTRATOR — EXPENSES.

67-2607. DIVISION ADMINISTRATOR — EXPENSES. The expenses of the division administrator of the division of occupational and professional licenses and such other administrative, technical, or other personnel as may be deemed necessary for the conduct of the affairs of the division shall be paid from the occupational licenses fund.
History:
[67-2607, added 2021, ch. 224, sec. 14, p. 665.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2608 - OCCUPATIONAL LICENSES FUND CREATED — DISPOSITION OF FEES.

67-2608. OCCUPATIONAL LICENSES FUND CREATED — DISPOSITION OF FEES. There is hereby created in the state treasury the occupational licenses fund. All fees and renewal fees received by the division of occupational and professional licenses for licenses to engage in trades, businesses, occupations, or professions shall be deposited to the credit of the occupational licenses fund. The administrator shall ensure that fees collected by the division are not waived, prorated, transferred, or refunded unless authorized by rule or law of the agency within the division.
History:
[67-2608, added 2021, ch. 224, sec. 16, p. 666.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2609 - DIVISION ADMINISTRATOR TO COOPERATE WITH OTHER AGENCIES.

67-2609. DIVISION ADMINISTRATOR TO COOPERATE WITH OTHER AGENCIES. In administering the laws regulating professions, trades, and occupations within the division of occupational and professional licenses, the administrator of the division of occupational and professional licenses may share information and otherwise cooperate with government regulatory and law enforcement agencies.
History:
[67-2609, added 2021, ch. 224, sec. 18, p. 666.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2610 - REGISTRATION OF OCCUPATIONS — REEXAMINATIONS.

67-2610. REGISTRATION OF OCCUPATIONS — REEXAMINATIONS. Whenever the division administrator is satisfied that substantial justice has not been done either in an examination or in the revocation of or refusal to renew a license, certificate, or authority, he may order reexamination or rehearings.
History:
[67-2610, added 2020, ch. 96, sec. 13, p. 253.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2611 - ISSUANCE OF LICENSES — ISSUANCE OF DUPLICATE — FEE.

67-2611. ISSUANCE OF LICENSES — ISSUANCE OF DUPLICATE — FEE. (1) All certificates, licenses, and authorities, upon written application of the owner of a certificate, license, or authority, shall be issued by the division of occupational and professional licenses in the name of such division, with the Idaho state seal attached.
(2) The division of occupational and professional licenses may assess a reasonable fee for the issuance of an original or duplicate certificate, license, or authority.
History:
[67-2611, added 2020, ch. 96, sec. 15, p. 253.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2612 - RECORDING OF LICENSES.

67-2612. RECORDING OF LICENSES. Every license that may be issued by the division of occupational and professional licenses as a prerequisite to engage in a trade, occupation, or profession shall be recorded in the office of the division, which shall relieve the licensee from being required to record the same in the office of the county recorder in the county in which the licensee intends to practice. No fee shall be charged for recording of the license by the division.
History:
[67-2612, added 2020, ch. 96, sec. 17, p. 253.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2613 - CLARIFICATION OF DEFINITIONS.

67-2613. CLARIFICATION OF DEFINITIONS. Solely for the purposes of chapter 14, title 67, Idaho Code, the associations created in chapters 36 and 43, title 41, Idaho Code, shall be considered self-governing entities as defined in this chapter, which creates the department of self-governing agencies.
History:
[67-2613, added 2021, ch. 224, sec. 20, p. 666.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 26 - DEPARTMENT OF SELF-GOVERNING AGENCIES › Section 67-2615 - DIVISION INVESTIGATIONS AND COOPERATION.

67-2615. DIVISION INVESTIGATIONS AND COOPERATION. (1) Complaints, investigations, and informal proceeding records are the property of the division of occupational and professional licenses and are exempt from disclosure under the public records act pursuant to section 74-106(9), Idaho Code.
(2) In addition to the authority granted to a division board or commission by its respective practice act or other applicable state law, a division board or commission may participate with any other division board or commission in joint investigations of licenses, permits, registrations, and certificates. The division and its boards and commissions may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated by a division board or commission. The internal sharing of investigative records between division boards and commissions and their respective division staff or officials does not alter any of the disclosure exemptions set forth in chapter 1, title 74, Idaho Code.
(3) A subpoena issued by a division board or commission shall be enforceable by any other division board or commission.
History:
[67-2615, added 2022, ch. 275, sec. 1, p. 884.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2701 - DEPARTMENT OF FINANCE — CREATION — DIRECTOR — ORGANIZATION — POWERS AND DUTIES.

67-2701. DEPARTMENT OF FINANCE — CREATION — DIRECTOR — ORGANIZATION — POWERS AND DUTIES. (a) There is hereby created the department of finance. The department shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of state government. The governor shall appoint, with the advice and consent of the senate, a director of the department of finance who shall serve at the pleasure of the governor. The director shall have had at least five (5) years practical experience in the banking business, or shall have served for a like period in the banking division of this or some other state. Neither the director of the department nor any administrator of a division in the department shall be the owner of or financially interested either directly or indirectly in any banking or insurance corporation subject to the supervision of the department.
(b) The department of finance shall be composed of such divisions as are established by law and such other units as may be administratively established. The director of the department shall appoint, subject to the approval of the governor, an administrator for such divisions as may be established. The director shall, subject to the approval of the governor, fix the salary of each administrator.
(c) The director of the department of finance shall have power:
1. To exercise the rights, powers and duties vested by law in the department or in the director.
2. To execute the laws relating to banks and banking.
History:
[(67-2701) 1919, ch. 8, sec. 28, p. 43; C.S., sec. 284; am. 1921, ch. 22, sec. 1, p. 30; am. 1921, ch. 104, sec. 7, p. 233; I.C.A., sec. 65-2601; am. 1933, ch. 146, sec. 1, p. 225; am. 1947, ch. 60, sec. 1, p. 87; am. 1947, ch. 212, sec. 1, p. 497; am. 1974, ch. 24, sec. 2, p. 744.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2702 - FEES — FINES — MISCELLANEOUS CHARGES.

67-2702. FEES — FINES — MISCELLANEOUS CHARGES. (1) The director of the department of finance shall collect and persons so served shall pay to the director the fees, fines, examination and miscellaneous charges provided for by the laws administered by the director of the department of finance or provided for from time to time by rule promulgated by the director of the department of finance. The director of the department of finance shall increase fees, fines, examination and miscellaneous charges as necessary to allow the department of finance to meet the appropriation as provided for by law.
(2) Finance administrative account:
(a) There is hereby created an account in the dedicated fund in the state treasury, to be designated the "finance administrative account" to provide for the expenses of the department of finance as provided for by law.
(b) The finance administrative account shall be effective December 31, 1984, and be in existence for a period of at least six (6) months prior to the dedicated account appropriation becoming effective and shall consist of the following:
(i) all moneys appropriated by the legislature.
(ii) all fees, fines, examination and miscellaneous charges collected by the department of finance.
(c) All moneys placed in the account shall be examined, audited and allowed in the manner now or hereinafter provided by law.
(d) Pending use for purposes of the provisions of the laws of this state, moneys in the finance administrative account shall be invested by the state treasurer in the same manner as provided under section 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state treasury.
(e) The director of the department of finance shall transmit all fees, fines, examination and miscellaneous charges collected by him to the state treasurer as provided under section 59-1014, Idaho Code. The director of the department of finance shall file with the state controller, a statement of each deposit thus made. All such funds received, unless otherwise specifically designated by another section of the law administered by the director of the department of finance shall be deposited into the finance administrative account.
(f) At the beginning of each fiscal year, those moneys in the finance administrative account which exceed the current year’s appropriation plus any residual encumbrances made against prior year’s appropriations by twenty-five percent (25%) or more shall be transferred to the general account.
History:
[67-2702, added 1984, ch. 47, sec. 17, p. 87; am. 1994, ch. 180, sec. 199, p. 546; am. 1995, ch. 99, sec. 28, p. 325.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2717 - POWER TO ISSUE SUBPOENAS AND ADMINISTER OATHS — OBSTRUCTING EXAMINATION — PENALTY.

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.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2720 - DUTY OF ATTORNEY GENERAL TO AID DEPARTMENT.

67-2720. DUTY OF ATTORNEY GENERAL TO AID DEPARTMENT. The attorney general shall when called upon by the department of finance, aid it in any investigation or matter; giving legal advice, and shall supervise the prosecution of all offenders under the provisions of this chapter.
History:
[(67-2720) 1905, p. 386, sec. 17; reen. R.C., sec. 186; reen. C.L. 12:17; C.S., sec. 301; am. 1923, ch. 164, sec. 4, p. 242; I.C.A., sec. 65-2618; am. 1974, ch. 24, sec. 12, p. 744.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2723 - EXPENSES OF CARRYING OUT PROVISIONS OF STATE DEPOSITORY LAW — AUDIT AND PAYMENT.

67-2723. EXPENSES OF CARRYING OUT PROVISIONS OF STATE DEPOSITORY LAW — AUDIT AND PAYMENT. Any expenses incurred in carrying out the provisions of the state depository law shall be audited by the state board of examiners and paid out of the general fund of the state.
History:
[(67-2723) (See 1905, p. 305, sec. 5; R.C., sec. 131.) R.C., sec. 127c, as added by 1915, ch. 168, sec. 2, p. 379; reen. C.L. 13:4; C.S., sec. 304; I.C.A., sec. 65-2621.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2724 - OFFICERS AND PERSONS AUTHORIZED TO MAKE INSPECTIONS AND EXAMINATIONS.

67-2724. OFFICERS AND PERSONS AUTHORIZED TO MAKE INSPECTIONS AND EXAMINATIONS. The governor, state controller, or the department of finance, or any person authorized in writing by them or it, may, during business hours, in the presence of the treasurer or his deputy, inspect and examine the books of account in the office of the treasurer, and all contracts, writings, securities, and other papers belonging to the state, or pertaining to the business thereof, held by the treasurer, and may inspect and count the moneys belonging to this state and the several funds thereof in the custody of the treasurer, and it is hereby made the duty of the state treasurer to furnish all reasonable facilities for the purpose.
And the governor, state treasurer, or the department of finance, or any person authorized in writing by them or it, may, likewise, during business hours, in the presence of the state controller or his deputy, inspect and examine the books of account in the office of the state controller, and all contracts, writings, securities, bonds, and other papers belonging to the state, or pertaining to the business thereof in the custody of the state controller, and it is hereby made the duty of the state controller to furnish all reasonable facilities for the purpose.
History:
[(67-2724) Based upon 1905, p. 305, sec. 5; R.C., sec. 131; R.C., sec. 127d, as added by 1915, ch. 168, sec. 2, p. 379; reen. C.L. 13:5; C.S., sec. 305; am. 1923, ch. 164, sec. 16, p. 242; I.C.A., sec. 65-2622; am. 1994, ch. 180, sec. 200, p. 547; am. 2015, ch. 244, sec. 52, p. 1035.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2725 - BANKS ELIGIBLE AS DEPOSITORIES.

67-2725. BANKS ELIGIBLE AS DEPOSITORIES. Any national bank or any state bank or trust company doing a banking business in this state may become a state depository by making application for that purpose to the state treasurer. Provided, as to banking corporations or national banking associations operating branches, that they first comply with section 67-2739, Idaho Code.
History:
[(67-2725) Based upon 1905, p. 305, sec.sec. 1, 3 and R.C., sec.sec. 127, 130; am. 1909, p. 363; am. 1911, ch. 122, p. 384; R.C., sec. 128, as added by 1915, ch. 168, sec. 3, p. 380; reen. C.L. 13:6; C.S., sec. 306; I.C.A., sec. 65-2623; am. 1935, ch. 135, sec. 1, p. 326; am. 1976, ch. 238, sec. 1, p. 831; am. 1983, ch. 38, sec. 9, p. 94.]