reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1705 - EMPLOYER’S WRITTEN TESTING POLICY — PURPOSES AND REQUIREMENTS FOR COLLECTION AND TESTING.

72-1705. EMPLOYER’S WRITTEN TESTING POLICY — PURPOSES AND REQUIREMENTS FOR COLLECTION AND TESTING. (1) An employer must have a written policy on drug and/or alcohol testing that is consistent with the requirements of this act, including a statement that violation of the policy may result in termination due to misconduct.
(2) An employer will receive the full benefits of this act, even if its drug and alcohol testing policy does not conform to all of the statutory provisions, if it follows a drug or alcohol testing policy that was negotiated with its employees’ collective bargaining representative or that is consistent with the terms of the collective bargaining agreement.
(3) Testing for the presence of drugs or alcohol by an employer shall be carried out within the terms of a written policy that has been communicated to affected employees, and is available for review by prospective employees.
(4) The employer must list the types of tests an employee may be subject to in their written policy, which may include, but are not limited to, the following:
(a) Baseline;
(b) Preemployment;
(c) Post-accident;
(d) Random;
(e) Return to duty;
(f) Follow-up;
(g) Reasonable suspicion.
History:
[72-1705, added 1997, ch. 126, sec. 1, p. 377; am. 2003, ch. 233, sec. 6, p. 595.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1706 - RIGHT OF EMPLOYEE OR PROSPECTIVE EMPLOYEE TO EXPLAIN POSITIVE TEST RESULT AND REQUEST FOR RETEST.

72-1706. RIGHT OF EMPLOYEE OR PROSPECTIVE EMPLOYEE TO EXPLAIN POSITIVE TEST RESULT AND REQUEST FOR RETEST. (1) Any employee or prospective employee who tests positive for drugs or alcohol must be given written notice of that test result, including the type of substance involved, by the employer. The employee must be given an opportunity to discuss and explain the positive test result with a medical review officer or other qualified person.
(2) Any employee or prospective employee who has a positive test result may request that the same sample be retested by a mutually agreed upon laboratory. A request for retest must be done within seven (7) working days from the date of the first confirmed positive test notification and may be paid for by the employee or prospective employee requesting the test. If the retest results in a negative test outcome, the employer will reimburse the cost of the retest, compensate the employee for his time if suspended without pay, or if terminated solely because of the positive test, the employee shall be reinstated with back pay.
History:
[72-1706, added 1997, ch. 126, sec. 1, p. 377; am. 2003, ch. 233, sec. 7, p. 595.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1707 - DISCHARGE FOR WORK-RELATED MISCONDUCT — FAILURE OR REFUSAL OF TESTING.

72-1707. DISCHARGE FOR WORK-RELATED MISCONDUCT — FAILURE OR REFUSAL OF TESTING. An employer establishes that an employee was discharged for work-related misconduct, as provided in section 72-1366, Idaho Code, upon a showing that the employer has complied with the requirements of this chapter and that the discharge was based on:
(1) A confirmed positive drug test or a positive alcohol test, as indicated by a test result of not less than .02 blood alcohol content (BAC), but greater than the level specified in the employer’s substance abuse policy;
(2) The employee’s refusal to provide a sample for testing; or
(3) The employee’s alteration or attempt to alter a test sample by adding a foreign substance for the purpose of making the sample more difficult to analyze; or
(4) The employee’s submission of a sample that is not his or her own.
History:
[72-1707, added 1997, ch. 126, sec. 1, p. 377; am. 1998, ch. 1, sec. 106, p. 98; am. 2003, ch. 233, sec. 8, p. 596.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1708 - EMPLOYER’S DISCIPLINARY OR REHABILITATIVE ACTIONS BASED ON TESTING — CLAIMANT INELIGIBLE FOR BENEFITS.

72-1708. EMPLOYER’S DISCIPLINARY OR REHABILITATIVE ACTIONS BASED ON TESTING — CLAIMANT INELIGIBLE FOR BENEFITS. (1) Unless otherwise prohibited, upon receipt of a confirmed positive drug or alcohol test result or other proof which indicates a violation of an employer’s written policy, or upon the refusal of an employee to provide a test sample, or upon an employee’s alteration of or attempt to alter a test sample, an employer may use that test result or the employee’s conduct as the basis for disciplinary or refusal-to-hire action that will result in a claimant’s ineligibility to receive benefits under the provisions of section 72-1366(4), (5), (6) or (7), Idaho Code. Actions by the employer may include, but are not limited to, the following:
(a) A requirement that the employee enroll in an employer-approved rehabilitation, treatment, or counseling program, which may include additional drug or alcohol testing, as a condition of continued employment;
(b) Suspension of the employee with or without pay for a period of time;
(c) Termination of the employee;
(d) Other disciplinary measures in conformance with the employer’s usual procedures, including any collective bargaining agreement.
(2) Action taken pursuant to this section shall not create any cause of action against the employer.
History:
[72-1708, added 1997, ch. 126, sec. 1, p. 378; am. 1998, ch. 1, sec. 107, p. 98; am. 2003, ch. 233, sec. 9, p. 596.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1709 - FAILURE OF CLAIMANT TO ACCEPT SUITABLE WORK.

72-1709. FAILURE OF CLAIMANT TO ACCEPT SUITABLE WORK. If a claimant for unemployment benefits does not accept otherwise suitable work, as contemplated in section 72-1366(4), (6) or (7), Idaho Code, because he is required to take a preemployment drug or alcohol test, the claimant has failed to accept suitable work, unless the claimant is required to pay for costs associated with a negative drug or alcohol test result.
History:
[72-1709, added 1997, ch. 126, sec. 1, p. 378; am. 1998, ch. 1, sec. 108, p. 98.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1710 - LIMITATIONS OF EMPLOYER LIABILITY.

72-1710. LIMITATIONS OF EMPLOYER LIABILITY. (1) No cause of action arises in favor of any person based upon the absence of an employer established program or policy of drug or alcohol testing in accordance with this chapter.
(2) No cause or action arises in favor of any person against an employer for any of the following:
(a) Failure to test for drugs or alcohol, or failure to test for a specific drug or other substance;
(b) Failure to test for, or if tested, a failure to detect, any specific drug or other physical abnormality, problem or defect of any kind; or
(c) Termination or suspension of any drug or alcohol testing program or policy.
History:
[72-1710, added 1997, ch. 126, sec. 1, p. 378; am. 2003, ch. 233, sec. 10, p. 597.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1711 - FALSE TEST RESULT — PRESUMPTION AND LIMITATION OF DAMAGES IN CLAIM AGAINST EMPLOYER.

72-1711. FALSE TEST RESULT — PRESUMPTION AND LIMITATION OF DAMAGES IN CLAIM AGAINST EMPLOYER. (1) No cause of action arises in favor of any person against an employer who has established a program of drug and alcohol testing in accordance with this chapter, and who has taken any action based on its established substance abuse and/or disciplinary policies, unless the employer’s action was based on a false test result, and the employer knew or clearly should have known that the result was in error.
(2) In any claim where it is alleged that an employer’s action was based on a false test result:
(a) There is a rebuttable presumption that the test result was valid if the employer complied with the provisions of section 72-1704, Idaho Code;
(b) The employer is not liable for monetary damages if his reliance on a false test result was reasonable and in good faith; and
(c) There is no employer liability for any action taken related to a "false negative" drug or alcohol test.
History:
[72-1711, added 1997, ch. 126, sec. 1, p. 379; am. 2003, ch. 233, sec. 11, p. 597.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1712 - CONFIDENTIALITY OF INFORMATION.

72-1712. CONFIDENTIALITY OF INFORMATION. (1) All information, interviews, reports, statements, memoranda or test results, written or otherwise, received through a substance abuse testing program shall be kept confidential, and are intended to be used only for an employer’s internal business use; or in a proceeding related to any action taken by or against an employer under section 72-1707, 72-1708 or 72-1711, Idaho Code, or other dispute between the employer and the employee or applicant; or as required to be disclosed by the United States department of transportation law or regulation or other federal law; or as required by service of legal process.
(2) The information described in subsection (1) of this section shall be the property of the employer.
(3) An employer, laboratory, medical review officer, employee assistance program, drug or alcohol rehabilitation program and their agents, who receive or have access to information concerning test results shall keep the information confidential, except as provided in subsection (4) of this section.
(4) Nothing in this chapter prohibits an employer from using information concerning an employee or job applicant’s substance abuse test results in a lawful manner with respect to that employee or applicant as provided in chapter 2, title 44, Idaho Code.
History:
[72-1712, added 1997, ch. 126, sec. 1, p. 379; am. 2003, ch. 233, sec. 12, p. 597.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1713 - EMPLOYEE NOT “DISABLED.”

72-1713. EMPLOYEE NOT "DISABLED." An employee or prospective employee whose drug or alcohol test results are verified or confirmed as positive in accordance with the provisions of this act shall not, by virtue of those results alone, be defined as a person with a "disability" for purposes of chapter 59, title 67, Idaho Code.
History:
[72-1713, added 1997, ch. 126, sec. 1, p. 379.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1714 - NO PHYSICIAN-PATIENT RELATIONSHIP CREATED.

72-1714. NO PHYSICIAN-PATIENT RELATIONSHIP CREATED. A physician-patient relationship is not created between an employee or prospective employee, and the employer or any person performing a drug or alcohol test, solely by the establishment of a drug or alcohol testing program in the workplace.
History:
[72-1714, added 1997, ch. 126, sec. 1, p. 380; am. 2003, ch. 233, sec. 13, p. 598.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1715 - PUBLIC ENTITIES MAY CONDUCT PROGRAMS.

72-1715. PUBLIC ENTITIES MAY CONDUCT PROGRAMS. The state of Idaho and any political subdivision thereof may conduct drug and alcohol testing of employees under the provisions of this chapter and as otherwise constitutionally permitted.
History:
[72-1715, added 1997, ch. 126, sec. 1, p. 380; am. 2003, ch. 233, sec. 14, p. 598.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1716 - IMPLEMENTATION OF ALCOHOL AND DRUG-FREE WORKPLACE PROGRAM — QUALIFICATION OF EMPLOYER PREMIUM REDUCTION.

72-1716. IMPLEMENTATION OF ALCOHOL AND DRUG-FREE WORKPLACE PROGRAM — QUALIFICATION OF EMPLOYER PREMIUM REDUCTION. (1) For each policy of worker’s compensation insurance issued or renewed in the state on or after July 1, 1999, a reduction in the premium for the policy may be granted if the insurer determines the insured has established and maintains an alcohol and drug-free workplace program that complies with the requirements of sections 72-1701 through 72-1715, Idaho Code.
(2) The state of Idaho or any political subdivision thereof that conducts drug and alcohol testing of all those employees and prospective employees for whom such testing is not constitutionally prohibited shall qualify for, and may be granted, the employer premium reduction set forth in subsection (1) of this section.
History:
[72-1716, added 1999, ch. 142, sec. 2, p. 407; am. 2003, ch. 233, sec. 15, p. 598.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1717 - STATE CONSTRUCTION CONTRACTS.

72-1717. STATE CONSTRUCTION CONTRACTS. (1) In order to be eligible for the award of any state contract for the construction or improvement of any public property or publicly owned buildings, contractors shall meet the following requirements:
(a) Provide a drug-free workplace program that complies with the provisions of this chapter and as otherwise constitutionally permitted for employees, including temporary employees, and maintain such program throughout the duration of the contract;
(b) Subcontract work under state construction contracts only to those subcontractors meeting the requirements of subsection (1)(a) of this section.
(2) Any contractor submitting a bid for a state construction contract, required to comply with the provisions of this section, shall submit an affidavit along with its bid on the project verifying its compliance with the provisions of this section.
History:
[72-1717, added 2004, ch. 224, sec. 1, p. 666.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-101 - CODES NOT RETROACTIVE.

73-101. CODES NOT RETROACTIVE. No part of these compiled laws is retroactive, unless expressly so declared.
History:
[(73-101) C.C.P. 1881, sec. 2; R.S., sec. 3; reen. R.C., sec. 3; reen. C.L. 500:3; C.S., sec. 9443; I.C.A., sec. 70-101.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-102 - CODES LIBERALLY CONSTRUED — MULTIPLE AMENDMENTS TO BE COMPILED

73-102. CODES LIBERALLY CONSTRUED — MULTIPLE AMENDMENTS TO BE COMPILED . (1) The rule of the common law that statutes in derogation thereof are to be strictly construed, has no application to these compiled laws. The compiled laws establish the law of this state respecting the subjects to which they relate, and their provisions and all proceedings under them are to be liberally construed, with a view to effect their objects and to promote justice.
(2) If multiple amendments to a single section of the Idaho Code have been or are made during a legislative session, and if the amendments can be read into the section without conflict, such amendments shall all be effective and shall be compiled as if made by a single enactment.
History:
[73-102, added C.C.P. 1881, sec. 3; R.S., sec. 4; reen. R.C., sec. 4; reen. C.L. 500:4; C.S., sec. 9444; reen. 1899, ch. 5, sec. 2, p. 147; reen. R.C., sec. 5150; reen. C.L. 500:4; I.C.A., sec. 70-102; am. 1978, ch. 325, sec. 1, p. 820.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-103 - CODES CONTINUE EXISTING LAW.

73-103. CODES CONTINUE EXISTING LAW. The provisions of these compiled laws, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments.
History:
[(73-103) C.C.P. 1881, sec. 4; R.S., sec. 5; reen. R.C., sec. 5; reen. C.L. 500:5; C.S., sec. 9445; I.C.A., sec. 70-103.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-104 - TENURE OF OFFICES PRESERVED.

73-104. TENURE OF OFFICES PRESERVED. All persons who at the time these compiled laws take effect hold office under any of the acts repealed, continue to hold the same according to the tenure thereof, except those offices which are not continued by these compiled laws.
History:
[(73-104) R.S., sec. 6; reen. R.C., sec. 6; reen. C.L. 500:6; C.S., sec. 9446; I.C.A., sec. 70-104.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-105 - CERTAIN OFFICES TO CEASE.

73-105. CERTAIN OFFICES TO CEASE. When any office is abolished by the repeal of any act, and such act is not in substance re-enacted or continued in the compiled laws, such office ceases at the time the compiled laws take effect.
History:
[(73-105) R.S., sec. 7; reen. R.C., sec. 7; reen. C.L. 500:7; C.S., sec. 9447; I.C.A., sec. 70-105.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-106 - ACCRUED RIGHTS AND PENDING ACTIONS NOT AFFECTED.

73-106. ACCRUED RIGHTS AND PENDING ACTIONS NOT AFFECTED. No action or proceeding commenced before the compiled laws take effect, and no right accrued, is affected by their provisions, but the proceedings therein must conform to the requirements of the compiled laws as far as applicable.
History:
[(73-106) C.C.P. 1881, sec. 5; R.S., sec. 8; reen. R.C., sec. 8; reen. C.L. 500:8; C.S., sec. 9448; I.C.A., sec. 70-106.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-107 - LIMITATIONS NOT TOLLED.

73-107. LIMITATIONS NOT TOLLED. When a limitation or period of time prescribed in any existing statute for acquiring a right, or barring a remedy, or for any other purpose, has begun to run before these compiled laws go into effect, and the same or any limitation is prescribed in these compiled laws, the time which has already run shall be deemed part of the time herein prescribed as such limitation.
History:
[(73-107) C.C.P. 1881, sec. 6; R.S., sec. 9; reen. R.C., sec. 9; reen. C.L. 500:9; C.S., sec. 9449; I.C.A., sec. 70-107.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-108 - HOLIDAYS ENUMERATED.

73-108. HOLIDAYS ENUMERATED. Holidays, within the meaning of these compiled laws, are:
Every Sunday;
January 1 (New Year’s Day);
Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights Day);
Third Monday in February (Washington’s Birthday);
Last Monday in May (Memorial Day);
July 4 (Independence Day);
First Monday in September (Labor Day);
Second Monday in October (Columbus Day);
November 11 (Veterans Day);
Fourth Thursday in November (Thanksgiving Day);
December 25 (Christmas);
Every day appointed by the President of the United States, or by the governor of this state, for a public fast, thanksgiving, or holiday.
Any legal holiday that falls on Saturday, the preceding Friday shall be a holiday and any legal holiday enumerated herein other than Sunday that falls on Sunday, the following Monday shall be a holiday.
History:
[(73-108) C.C.P. 1881, sec. 7, R.S., sec. 10; reen. R.C., sec. 10; am. 1909, p. 27; am. 1911, ch. 102, p. 344; am. 1911, ch. 158, p. 482; compiled and reen. C.L. 500:10; C.S., sec. 9450; am. 1925, ch. 80, sec. 1, p. 114; I.C.A., sec. 70-108; am. 1943, ch. 36, sec. 1, p. 68; am. 1945, ch. 38, sec. 1, p. 49; am. 1955, ch. 19, sec. 1, p. 38; am. 1969, ch. 11, sec. 1, p. 15; am. 1973, ch. 16, sec. 1, p. 32; am. 1977, ch. 167, sec. 2, p. 432; am. 1990, ch. 371, sec. 2, p. 1022; am. 2002, ch. 146, sec. 3, p. 423.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-108A - CHILDREN’S DAY.

73-108A. CHILDREN’S DAY. April 30 shall be designated as Children’s Day/El Dia de los Ninos commemorative day in recognition of the importance of children to families and to communities. It is a day to celebrate the value of children and to focus on the importance of creating a future for children full of hope, health and success. Communities are encouraged to participate with special events and with children as the center of activity.
History:
[73-108A, added 2003, ch. 110, sec. 1, p. 348.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-108B - CONSTITUTIONAL COMMEMORATIVE DAY.

73-108B. CONSTITUTIONAL COMMEMORATIVE DAY. September 17 shall be designated as constitutional commemorative day. The superintendent of public instruction shall be responsible for developing programs and suitable recognition of the constitution of the United States in conjunction with the commemorative day to be held annually on the anniversary of the signing of the constitution.
History:
[73-108B, added 1989, ch. 77, sec. 1, p. 139.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-108C - IDAHO DAY.

73-108C. IDAHO DAY. March 4 shall be designated as Idaho day. If March 4 falls on a Sunday, the following Monday shall be celebrated as Idaho day; and if March 4 falls on a Saturday, the preceding Friday shall be celebrated as Idaho day. The governor of the state of Idaho shall issue a proclamation each year marking Idaho day. The president pro tempore of the senate and the speaker of the house of representatives shall conduct appropriate ceremonies and programs on Idaho day to honor Idaho’s heritage. The Idaho state historical society shall conduct appropriate activities and be encouraged to create exhibitions to commemorate Idaho day. The people of Idaho shall be encouraged to display the Idaho and United States flags on Idaho day. Idaho day shall not constitute a reason to close state and political subdivision offices.
History:
[73-108C, added 2014, ch. 31, sec. 2, p. 46; am. 2016, ch. 162, sec. 1, p. 445.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-109 - COMPUTATION OF TIME.

73-109. COMPUTATION OF TIME. The time in which any act provided by law is to be done is computed by excluding the first day, and including the last unless the last is a holiday and then it is also excluded.
History:
[(73-109) C.C.P. 1881, sec. 8; R.S., sec. 11; reen. R.C., sec. 11; reen. C.L. 500:11; C.S., sec. 9451; I.C.A., sec. 70-109.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-110 - COMPUTATION OF TIME — OBLIGATIONS MATURING ON HOLIDAYS.

73-110. COMPUTATION OF TIME — OBLIGATIONS MATURING ON HOLIDAYS. Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed.
History:
[(73-110) C.C.P. 1881, sec. 9; R.S., sec. 12; reen. R.C., sec. 12; reen. C.L. 500:12; C.S., sec. 9452; I.C.A., sec. 70-110.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-111 - SEAL DEFINED.

73-111. SEAL DEFINED. When the seal of a court, public officer or person is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression.
History:
[73-111, added C.C.P. 1881, sec. 10; R.S., sec. 13; reen. R.C., sec. 13; reen. C.L. 500:13; C.S., sec. 9453; I.C.A., sec. 70-111; am. 1979, ch. 203, sec. 2, p. 584.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-112 - JOINT AUTHORITY CONSTRUED.

73-112. JOINT AUTHORITY CONSTRUED. Words giving a joint authority to three (3) or more public officers, or other persons, are construed as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority.
History:
[(73-112) C.C.P. 1881, sec. 11; R.S., sec. 14; reen. R.C., sec. 14; reen. C.L. 500:14; C.S., sec. 9454; I.C.A., sec. 70-112.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-113 - CONSTRUCTION OF WORDS AND PHRASES.

73-113. CONSTRUCTION OF WORDS AND PHRASES. (1) The language of a statute should be given its plain, usual and ordinary meaning. Where a statute is clear and unambiguous, the expressed intent of the legislature shall be given effect without engaging in statutory construction. The literal words of a statute are the best guide to determining legislative intent.
(2) If a statute is capable of more than one (1) conflicting construction, the reasonableness of the proposed interpretations shall be considered, and the statute must be construed as a whole. Interpretations which would render the statute a nullity, or which would lead to absurd results, are disfavored.
(3) Words and phrases are construed according to the context and the approved usage of the language, but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition.
History:
[(73-113) C.C.P. 1881, sec. 12; R.S., sec. 15; reen. R.C., sec. 15; reen. C.L. 500:15; C.S., sec. 9455; I.C.A., sec. 70-113; am. 2013, ch. 335, sec. 1, p. 873.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-114 - STATUTORY TERMS DEFINED.

73-114. STATUTORY TERMS DEFINED. (1) Unless otherwise defined for purposes of a specific statute:
(a) Words used in these compiled laws in the present tense, include the future as well as the present;
(b) Words used in the masculine gender, include the feminine and neuter;
(c) The singular number includes the plural and the plural the singular;
(d) The word "person" includes a corporation as well as a natural person;
(e) Writing includes printing;
(f) Oath includes affirmation or declaration, and every mode of oral statement, under oath or affirmation, is embraced by the term "testify," and every written one in the term "depose";
(g) Signature or subscription includes mark, when the person cannot write, his name being written near it, and witnessed by a person who writes his own name as a witness.
(2) The following words have, in the compiled laws, the signification attached to them in this section, unless otherwise apparent from the context:
(a) "Intellectual disability" means significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two (2) of the following skill areas: communication, self-care, home living, social or interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health and safety. The onset of significantly subaverage general intelligence functioning and significant limitations in adaptive functioning must occur before age eighteen (18) years.
(b) "Month" means a calendar month, unless otherwise expressed.
(c) "Personal property" includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions.
(d) "Property" includes both real and personal property.
(e) "Real property" is coextensive with lands, tenements and hereditaments, possessory rights and claims.
(f) "Registered mail" includes certified mail.
(g) "State," when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories.
(h) "Will" includes codicils.
(i) "Writ" signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process," a writ or summons issued in the course of judicial proceedings.
History:
[(73-114) C.C.P. 1881, sec. 13; R.S., sec. 16; reen. R.C., sec. 16; reen. C.L. 500:16; C.S., sec. 9456; reen. 1899, ch. 5, sec. 1, p. 147; reen. R.C., sec. 5149; reen. C.L. 500:16; C.S., sec. 9456; I.C.A., sec. 70-114; am. 1959, ch. 16, sec. 1, p. 36; am. 1967, ch. 272, sec. 31, p. 745; am. 2010, ch. 235, sec. 72, p. 607.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-114A - LEGISLATIVE INTENT ON RESPECTFUL LANGUAGE.

73-114A. LEGISLATIVE INTENT ON RESPECTFUL LANGUAGE. (1) It is the intent of the legislature that the Idaho Code be amended to remove certain archaic language related to the condition of individuals. Certain terms, such as "idiots," "handicap," "retarded," "lunatic" and "deficient," when applied to individuals, have outlived their usefulness. The term "intellectual disability" as used in this act is intended to replace the term "mental retardation" as previously used in the Idaho Code.
(2) The legislature intends that the emphasis should be on people first, rather than on archaic labels. Therefore, any new or amended section of the Idaho Code should incorporate more modern and people first language when referring to the condition of individuals, as used in this act.
(3) The legislature further intends that rules promulgated under the administrative procedure act, chapter 52, title 67, Idaho Code, after the effective date of this act, should incorporate more modern and people first language when referring to the condition of individuals, as used in this act. Where appropriate and when the use of more modern and people first language will not substantively change the meaning of a rule, the rules coordinator is encouraged to use the authority provided for in section 67-5202(2), Idaho Code, to replace archaic language in the administrative code with more modern and people first language, as used in this act.
(4) This act’s substitution of more modern and people first language in place of archaic language when referring to the condition of individuals shall not change the substantive interpretation of the amended Idaho Code sections or the case law interpreting those sections.
History:
[73-114A, added 2010, ch. 235, sec. 73, p. 608.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-115 - GENERAL REPEAL OF EXISTING LAW.

73-115. GENERAL REPEAL OF EXISTING LAW. No statute law is continued in force because it is consistent with the provisions of the compiled laws on the same subject, but in all cases provided for therein all statute laws heretofore in force in this state, whether consistent or not with the provisions of the compiled laws, unless expressly continued in force, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in these compiled laws provided; nor does it affect any local or special statute not expressly repealed; nor does it affect any outstanding unexpended appropriation.
History:
[73-115) Based on R.S., sec. 17; am. R.C., sec. 17; reen. C.L. 500:17; C.S., sec. 9457; I.C.A., sec. 70-115.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-116 - COMMON LAW IN FORCE.

73-116. COMMON LAW IN FORCE. The common law of England, so far as it is not repugnant to, or inconsistent with, the constitution or laws of the United States, in all cases not provided for in these compiled laws, is the rule of decision in all courts of this state.
History:
[(73-116) 1863, p. 527, sec. 1; R.S., sec. 18; reen. R.C., sec. 18; reen. C.L. 500:18; C.S., sec. 9460; I.C.A., sec. 70-116.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-117 - PRIOR LEGISLATION REPEALED.

73-117. PRIOR LEGISLATION REPEALED. All general acts and parts and clauses of acts of a general nature passed prior to the fifteenth session of the state legislature, are hereby repealed, and these compiled laws are in force in lieu thereof; but such repeal does not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal takes effect, but all rights and liabilities under said repealed acts continue, in the same manner as if said repeal had not been made.
History:
[(73-117) R.S., sec. 19; am. R.C., sec. 19; am. C.L. 500:19; C.S., sec. 9461; I.C.A., sec. 70-117.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-118 - PAST OFFENSES MAY BE PROSECUTED.

73-118. PAST OFFENSES MAY BE PROSECUTED. All offenses committed and all penalties or forfeitures incurred prior to said repeal, may be prosecuted and punished in the same manner and with the same effect as if said repeal had not been made.
History:
[(73-118) R.S., sec. 20; reen. R.C., sec. 20; reen. C.L. 500:20; C.S., sec. 9462; I.C.A., sec. 70-118.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 1 - CONSTRUCTION OF STATUTES › Section 73-122 - SOCIAL SECURITY NUMBER.

73-122. SOCIAL SECURITY NUMBER. (1) The social security number of an applicant shall be recorded on any application for a professional, occupational or recreational license.
(2) The requirement that an applicant provide a social security number shall apply only to applicants who have been assigned a social security number.
(3) An applicant who has not been assigned a social security number shall:
(a) Present written verification from the social security administration that the applicant has not been assigned a social security number; and
(b) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and
(c) Submit such proof as the department may require that the applicant is lawfully present in the United States.
History:
[73-122, added 1998, ch. 248, sec. 4, p. 813; am. 1999, ch. 334, sec. 2, p. 910.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-201 - PURPOSE OF ACT.

73-201. PURPOSE OF ACT. The intent and purpose of this act is to keep current so far as practicable the compilation known as Idaho Code, by authorizing publication of pocket parts to the volumes of the Idaho Code, or as necessary, the republication of single or more volumes, or the addition of volumes, or by other devices designed and intended to maintain the Idaho Code up to date, and especially after each session of the legislature, indicating therein existing laws, repealed laws or parts of laws, substitute laws, additional laws, and constitutional provisions and changes, rules of the Supreme Court of Idaho, additional notes, annotations and indexing. This act shall be so interpreted as to grant the commission hereby created all power and authority necessary to accomplish such intent and purpose.
History:
[73-201, added 1949, ch. 167, sec. 1, p. 355; am. 1953, ch. 250, sec. 1, p. 398.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-202 - DEFINITION OF TERMS.

73-202. DEFINITION OF TERMS. "Code Commission" as used in this act shall be deemed to mean and refer to the code commission created by this act.
"Compilation" as used in this act shall be deemed to be the compilation known as the "Idaho Code" authorized and published pursuant to Session Laws of 1947, Chapter 224, and all pocket parts thereto and replacement or republication of all or any part thereof and contents, and new or additional volumes, compiled and published as in this act provided.
History:
[73-202, added 1949, ch. 167, sec. 2, p. 355; am. 1953, ch. 250, sec. 2, p. 398.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-203 - CODE COMMISSION CREATED — APPOINTMENT OF MEMBERS.

73-203. CODE COMMISSION CREATED — APPOINTMENT OF MEMBERS. A continuing code commission is hereby created in the office of the secretary of state, to be known as the "Code Commission," to consist of three (3) persons, members of the Idaho state bar, who are actively engaged in the practice of law, not holders of any other compensated state office or position, whose residences are such that they may readily and conveniently meet from time to time as such commission. The "1947 Idaho Code Commission," created and appointed pursuant to chapter 224, of 1947 Session Laws of Idaho is hereby continued in office as the code commission created by this act; one (1) of such commissioners shall continue in office until the first day of December, 1950, one (1) until the first day of December, 1952, and one (1) until the first day of December, 1954; the term to be served by each present commissioner shall be determined by the members of the commission; not later than twenty (20) days after the effective date of this act the commission shall certify to the governor and to the secretary of state the name of each present commissioner and the term determined to be served by him. At the expiration of each of said terms and of the terms hereinafter provided, a member of the commission shall be appointed by the governor to serve for a term of six (6) years. The appointee shall be selected from a list of not more than three (3) qualified persons whose names shall be submitted to the governor by the board of commissioners of the Idaho state bar not less than fifteen (15) days prior to the expiration of a term of a commissioner. At its first meeting after the effective date of this act the commission shall organize by selecting one (1) of its members chairman, and shall thereafter reorganize in the same manner at its first meeting held after each appointment of a commissioner. The secretary of state shall serve as permanent secretary of the commission. Each commissioner shall serve until his successor has been appointed. In the event a vacancy occurs in the commission other than by expiration of a term the remaining members shall fill such vacancy by appointment of a qualified person.
History:
[73-203, added 1949, ch. 167, sec. 3, p. 355; am. 1974, ch. 5, sec. 8, p. 23.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-204 - COMPENSATION AND EXPENSE OF COMMISSION — EMPLOYMENT OF ASSISTANCE.

73-204. COMPENSATION AND EXPENSE OF COMMISSION — EMPLOYMENT OF ASSISTANCE. Each member of the commission shall receive as compensation for his services the sum of twenty-five dollars ($25.00) for each day’s attendance at a meeting and each day’s performance of the duties of the commission and shall receive his actual and necessary expenses, incurred in performing his duties as such commission. Payment of said compensation shall not be considered salary as defined in section 59-1302(31), Idaho Code. The commission is hereby authorized to employ and fix the compensation of adequate legal, clerical and other assistance.
History:
[73-204, added 1949, ch. 167, sec. 4, p. 355; am. 1972, ch. 161, sec. 1, p. 360; am. 2003, ch. 56, sec. 1, p. 200.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-205 - POWERS AND DUTIES OF COMMISSION.

73-205. POWERS AND DUTIES OF COMMISSION. The commission is hereby authorized, empowered and directed to enter into and execute contracts it may deem necessary and proper with any publishing company, with respect to general laws, repeals and amendments which may be enacted by each regular session of the legislature hereafter, and beginning with the thirtieth session, and with respect to bringing up to date annotations, notes and indexes of general law continuing in force, for the publication thereof, and publication of any other compilation within the purview of this act. The intent hereof is that as soon as practicable after each session of the legislature the Idaho Code be brought up to date. Similar contracts relating to and after one or more special sessions may be entered into and executed if the commission deems it necessary and desirable. Whenever one or more volumes of the Idaho Code becomes too bulky, or for other reason it appears to the commission to be necessary or desirable, the commission may contract for republication of such volume or volumes, or additional volumes. When the commission deems it necessary or advisable, it may, in its sole discretion, assist the Supreme Court of the state of Idaho in any preliminary work or studies necessary in the preparation of rules of said court and any proposed legislation which may from time to time be necessary to segregate substantive from procedural law, and may contract for the publication in replacement or additional volumes of such rules as may be made, prescribed and promulgated by said court.
The contracts shall appropriately describe specifications of the editing, content of compilation, printing, binding, size of type to be used in text and notes, grade and weight of paper to be used, style of page, provisions for insertion of new matters, with appropriate section numbers in existing or changed titles and chapters, and shall require in full new and amended laws, repeals of laws, or parts thereof, constitutional changes, new and additional annotations, notes and indexes, references and cross-references relating to the existing laws of this state and to decisions of the Supreme Court of the state of Idaho, Idaho Court of Appeals, Supreme Court of the United States and federal courts citing and construing the same, formal Idaho attorney general opinions since January 1, 1983, citing and construing the same, history of the law or section, and shall contain such other information and ancillaries as the commission may deem necessary and proper, or as the publishers may include with the consent of the commission.
History:
[73-205, added 1949, ch. 167, sec. 5, p. 355; am. 1953, ch. 250, sec. 3, p. 398; am. 1955, ch. 59, sec. 1, p. 116; am. 1987, ch. 114, sec. 1, p. 227.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-206 - NUMBER OF SETS — SALE PRICE.

73-206. NUMBER OF SETS — SALE PRICE. The contract shall require the publishing company to deliver, on or before such date as may be fixed by the commission, such number of sets of bound volumes and/or pocket parts of the compilation for use of the state of Idaho and its public agencies as may be determined by the board of examiners, at the price stated in the contract. The publishing company shall receive payment upon approval of such compilation as hereinafter provided and delivery of the sets thereof f.o.b. Boise, Idaho, and such other places in Idaho designated by the secretary of state of Idaho. If the publishing company cannot make delivery on the date fixed in the contract because of conditions beyond its control and shall satisfy the commission to this effect, the commission may, but it is not required to, extend the date of delivery for a period by it deemed reasonable. The publishing company shall agree in the contract to cause to be made available on the market through an agent, resident in Idaho, a sufficient number of sets of the compilation to supply the demand therefor within the state of Idaho, at the price fixed in the contract.
History:
[73-206, added 1949, ch. 167, sec. 6, p. 355; am. 1977, ch. 232, sec. 6, p. 690; am. 1979, ch. 157, sec. 1, p. 477.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-207 - COMPLETION BONDS.

73-207. COMPLETION BONDS. The publishing company, coincident with its execution of any contract, shall furnish a performance and completion bond in terms and in a sum specified by the commission written in favor of and to be paid to the state of Idaho in the event of failure of the publishing company to comply with the terms and conditions of the contract. The premium or expense of the bond shall be paid out of the appropriations herein provided for.
History:
[73-207, added 1949, ch. 167, sec. 7, p. 355.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-208 - EXAMINATION AND APPROVAL OF COMPILATIONS.

73-208. EXAMINATION AND APPROVAL OF COMPILATIONS. The commission shall continue to supervise and give directions relating to the plan of titles, chapters and resectioning, annotations, cross-references, tables and indexes, form and uniformity of contents, and all other matters relating to compilations, deemed by the commission necessary and proper. The publishing company shall furnish galley and page proof to the commission relating to each compilation, which shall be examined under the commission’s direction for the purpose of determining whether or not the compilation meets the requirements of section 73-205[, Idaho Code,] of this act and the provisions of the contract relating to the compilation.
History:
[73-208, added 1949, ch. 167, sec. 8, p. 355.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-209 - CERTIFICATE OF COMPILATION — PROCLAMATION BY GOVERNOR.

73-209. CERTIFICATE OF COMPILATION — PROCLAMATION BY GOVERNOR. Upon certificate of the commission filed with the secretary of state and the governor that any compilation (with the exception of the rules of the Supreme Court of the state of Idaho) has been completed, published and approved by the commission, the governor thereupon shall make a proclamation announcing its completion, and from and after the proclamation the compilation referred to in the proclamation shall be in force and effect and, together with the "Idaho Code" published pursuant to Session Laws of 1947, Chapter 224, shall be received in all courts and by all justices, judges, public officers, commissions and departments of the state government and all others as evidence of the general laws of Idaho then existing and in force and effect, and as an authorized compilation of the general statutes, codes, and laws of Idaho and ancillaries thereto.
History:
[73-209, added 1949, ch. 167, sec. 9, p. 355; am. 1953, ch. 250, sec. 4, p. 398.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-210 - COPYRIGHT.

73-210. COPYRIGHT. Copyright of all compilations shall be taken by and in the name of the publishing company which shall thereupon assign the same to the state of Idaho, and thereafter the same shall be owned by the state of Idaho. The commission is authorized and empowered to grant the use of the copyrights of the Idaho Code published pursuant to Session Laws of 1947, Chapter 224, and of all compilations authorized by this act, in connection with the performance of its said duties and obligations.
History:
[73-210, added 1949, ch. 167, sec. 10, p. 355.]
2023 Idaho Code › Title 73 - GENERAL CODE PROVISIONS › Chapter 2 - IDAHO CODE COMMISSION › Section 73-211 - SALE BY STATE.

73-211. SALE BY STATE. The state of Idaho shall not sell any of the compilations purchased by it, but may at any time exchange the same with exchange libraries of other states and territories.
Bound volumes of the Idaho Code that have been replaced by republished volumes may be discarded or destroyed; pocket parts that have been superseded by more current issues may be discarded or destroyed.
History:
[73-211, added 1949, ch. 167, sec. 11, p. 355; am. 1977, ch. 232, sec. 7, p. 690.]