reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2006 - COERCION AND INTIMIDATION PROHIBITED.

44-2006. COERCION AND INTIMIDATION PROHIBITED. It shall be unlawful for any person, labor organization, or officer, agent or member thereof, or employer, or officer or agent thereof, by any threatened or actual intimidation of an employee or prospective employee or his parents, spouse, children, grandchildren, or any other persons residing in the employee’s or prospective employee’s home, or by any damage or threatened damage to his property, to compel or attempt to compel such employee to join, affiliate with, or financially support a labor organization or to refrain from doing so, or to otherwise forfeit his rights as guaranteed by provisions of this chapter. It shall also be unlawful to cause or attempt to cause such employee to be denied employment or discharged from employment because of support or nonsupport of a labor organization by inducing or attempting to induce any other person to refuse to work with such employee.
History:
[44-2006, added 1985, ch. 2, sec. 1, p. 6.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2007 - PENALTIES.

44-2007. PENALTIES. Any person who directly or indirectly violates any provision of this chapter, excluding the provisions of sections 44-2012 and 44-2013, Idaho Code, shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding one thousand dollars ($1,000) or imprisonment for a period of not more than ninety (90) days, or both such fine and imprisonment.
History:
[44-2007, added 1985, ch. 2, sec. 1, p. 6; am. 2012, ch. 312, sec. 1, p. 860.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2008 - CIVIL REMEDIES.

44-2008. CIVIL REMEDIES. Any employee injured as a result of any violation or threatened violation of the provisions of this chapter, excluding the provisions of sections 44-2012 and 44-2013, Idaho Code, shall be entitled to injunctive relief against any and all violators or persons threatening violations and may in addition thereto recover any and all damages, including costs and reasonable attorney’s fees, of any character resulting from such violation or threatened violation. Such remedies shall be independent of and in addition to the penalties and remedies prescribed in other provisions of this chapter.
History:
[44-2008, added 1985, ch. 2, sec. 1, p. 6; am. 2012, ch. 312, sec. 2, p. 860.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2009 - DUTY TO INVESTIGATE.

44-2009. DUTY TO INVESTIGATE. It shall be the duty of the prosecuting attorneys of each county and of the attorney general of this state, to investigate complaints of violation or threatened violations of this chapter and to prosecute all persons violating any of its provisions, and to take all means at their command to ensure its effective enforcement.
History:
[44-2009, added 1985, ch. 2, sec. 1, p. 6.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2010 - PROSPECTIVE APPLICATION.

44-2010. PROSPECTIVE APPLICATION. The provisions of this chapter shall apply to all contracts entered into after the effective date of this chapter and shall apply to any renewal or extension of any existing contract.
History:
[44-2010, added 1985, ch. 2, sec. 1, p. 6.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2011 - APPLICABILITY.

44-2011. APPLICABILITY. The provisions of this chapter are applicable to all employment, private and public, including all employees of the state and its political subdivisions.
History:
[44-2011, added 1995, ch. 178, sec. 2, p. 662.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2012 - PROHIBITED ACTIVITY.

44-2012. PROHIBITED ACTIVITY. (1) The provisions of this act shall be known as the "Fairness in Contracting Act." The intent of this act is to promote fairness in bidding and contracting.
(2) No contractor or subcontractor may directly or indirectly receive a wage subsidy, bid supplement or rebate on behalf of its employees, or provide the same to its employees, the source of which is wages, dues or assessments collected by or on behalf of any labor organization(s), whether or not labeled as dues or assessments.
(3) No labor organization may directly or indirectly pay a wage subsidy or wage rebate to its members in order to directly or indirectly subsidize a contractor or subcontractor, the source of which is wages, dues or assessments collected by or on behalf of its members, whether or not labeled as dues or assessments.
(4) It is illegal to use any fund financed by wages collected by or on behalf of any labor organization(s), whether or not labeled as dues or assessments, to subsidize a contractor or subcontractor doing business in the state of Idaho.
(5) Any contractor, subcontractor or labor organization that violates the provisions of this section shall be guilty of a misdemeanor and fined an amount not to exceed ten thousand dollars ($10,000) for a first offense, twenty-five thousand dollars ($25,000) for a second offense, and one hundred thousand dollars ($100,000) for each and every additional offense.
(6) Any interested party, which shall include a bidder, offeror, contractor, subcontractor or taxpayer, shall have standing to challenge any bid award, specification, project agreement, controlling document, grant or cooperative agreement in violation of the provisions of this section, and such interested party shall be awarded costs and attorney’s fees in the event that such challenge prevails.
History:
[44-2012, added 2011, ch. 32, sec. 1, p. 75.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2013 - PUBLIC WORKS — WAGES.

44-2013. PUBLIC WORKS — WAGES. Notwithstanding any other provision found in chapter 10, title 44, Idaho Code, and chapter 57, title 67, Idaho Code, the following shall apply:
(1) This act shall be known as the "Open Access to Work Act."
(2) For purposes of this section, the following terms have the following meanings:
(a) "Political subdivision" means the state of Idaho, or any county, city, school district, sewer district, fire district, or any other taxing subdivision or district of any public or quasi-public corporation of the state, or any agency thereof, or with any other public board, body, commission, department or agency, or officer or representative thereof.
(b) "Public works" shall have the same meaning as that provided for "public works construction" in section 54-1901, Idaho Code.
(3) (a) Except as provided in subsection (3)(b) of this section or as required by federal or state law, the state or any political subdivision that contracts for the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works shall not require that a contractor, subcontractor, material supplier or carrier engaged in the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works pay its employees:
(i) A predetermined amount of wages or wage rate; or
(ii) A type, amount or rate of employee benefits.
(b) Subsection (3)(a) of this section shall not apply when federal law requires the payment of prevailing or minimum wages to persons working on projects funded in whole or in part by federal funds.
(4) The state or any political subdivision that contracts for the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works shall not require that a contractor, subcontractor, material supplier or carrier engaged in the construction, alteration, equipping, furnishing, maintenance, repair or improvement of public works executes or otherwise becomes a party to any project labor agreement, collective bargaining agreement, prehire agreement or any other agreement with employees, their representatives or any labor organization as a condition of bidding, negotiating, being awarded or performing work on a public works project.
(5) Any interested party, which shall include a bidder, offeror, contractor, subcontractor or taxpayer, shall have standing to challenge any bid award, specification, project agreement, controlling document, grant or cooperative agreement that violated the provisions of this section, and such interested party shall be awarded costs and attorney’s fees in the event that such challenge prevails.
(6) The provisions of this section apply to any contract executed after July 1, 2011.
History:
[44-2013, added 2011, ch. 31, sec. 2, p. 74.]
2023 Idaho Code › Title 44 - LABOR › Chapter 20 - RIGHT TO WORK › Section 44-2014 - SEVERABILITY.

44-2014. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision is declared void, invalid, or unenforceable in whole or in part, such declaration shall not affect the remaining provisions of this chapter.
History:
[(44-2014) 44-2013, added 2011, ch. 31, sec. 2, p. 74; am. and redesig. 2015, ch. 244, sec. 25, p. 1022.]
2023 Idaho Code › Title 44 - LABOR › Chapter 21 - MANUFACTURED HOME DEALER AND INSTALLER LICENSING › Section 44-2101 - PURPOSE — LICENSE REQUIRED — REINSTATEMENT.

44-2101. PURPOSE — LICENSE REQUIRED — REINSTATEMENT. (1) The legislature finds that the regulation and control of those persons engaged in the business of manufacturing, selling or installing manufactured and mobile homes is necessary to protect the health and safety of the citizens of Idaho. To that end, it shall be unlawful for any person to engage in business as a manufacturer, retailer, or installer without being duly licensed as provided in this chapter.
(2) If the licensee fails to submit a completed application for renewal or to pay the renewal fee on or before the expiration date, the administrator may accept a later application for reinstatement subject to such conditions as the board may require by rule including, but not limited to, the assessment of a late fee; provided that between the license expiration date and the date of reinstatement of the license, the rights of the licensee under such license shall be expired and, during such period of expiration, it shall be unlawful for such licensee to do or attempt to offer to do any of the acts of the kind and nature described in the definitions in section 44-2101A, Idaho Code, in consideration of compensation of any kind or expectation thereof. An expired license that is not reinstated within six (6) months of the expiration date shall be automatically terminated by the administrator and may not be reinstated.
History:
[44-2101, added 1993, ch. 372, sec. 1, p. 1340; am. 2004, ch. 313, sec. 2, p. 879; am. 2007, ch. 112, sec. 1, p. 321; am. 2013, ch. 57, sec. 1, p. 131; am. 2020, ch. 129, sec. 1, p. 409.]
2023 Idaho Code › Title 44 - LABOR › Chapter 21 - MANUFACTURED HOME DEALER AND INSTALLER LICENSING › Section 44-2101A - DEFINITIONS.

44-2101A. DEFINITIONS. As used in this chapter:
(1) "Administrator" means the administrator of the division of occupational and professional licenses of the state of Idaho.
(2) "Board" means the factory built structures advisory board established in section 39-4302, Idaho Code.
(3) "Engaged in the business" means the individual or entity buys, sells, brokers, trades, or offers for resale a manufactured or mobile home.
(4) "Installer" means a person who owns a business that installs a manufactured home or mobile home at the site where it is to be used for occupancy.
(5) "Manufactured home" or "manufactured house" means a structure as defined in section 39-4105, Idaho Code.
(6) "Manufacturer" means any person engaged in the business of manufacturing manufactured homes that are offered for sale, lease or exchange in the state of Idaho.
(7) "Mobile home" means a structure as defined in section 39-4105, Idaho Code.
(8) "Person" means a natural person, corporation, partnership, trust, society, club, association or other organization.
(9) "Place of business" refers to any physical location at which the business is lawfully conducted.
(10) "Retailer" means any person engaged in the business of selling or exchanging new, used, resale, third-party-owned, or brokered manufactured or mobile homes.
History:
[44-2101A, added 2007, ch. 112, sec. 3, p. 322; am. 2008, ch. 380, sec. 1, p. 1050; am. 2013, ch. 57, sec. 2, p. 132; am. 2016, ch. 342, sec. 8, p. 971; am. 2020, ch. 129, sec. 2, p. 410; am. 2023, ch. 15, sec. 23, p. 88.]
2023 Idaho Code › Title 44 - LABOR › Chapter 21 - MANUFACTURED HOME DEALER AND INSTALLER LICENSING › Section 44-2103 - FEES — DEPOSIT OF FEES.

44-2103. FEES — DEPOSIT OF FEES. (1) Fees for licensing of retailers, installers, and manufacturers shall not exceed:
(a) Retailer license
(b) Manufacturer license
(c) Installer license
(2) All license fees collected by the division of occupational and professional licenses under the provisions of this chapter shall be paid into the occupational licenses fund. The expenses incurred in administering and enforcing the provisions of this chapter shall be paid from the fund.
(3) The following performance bonding requirements shall be met before the issuance of these licenses:
(a) Manufacturer
(b) Retailer
(c) Installer
(4) The administrator is authorized to provide by rule, in accordance with the provisions of section 44-2102, Idaho Code, for the acceptance of a deposit of cash or securities in lieu of a bond in satisfaction of the bonding requirements of this section.
(5) Fees and bond requirements of this section shall be the exclusive fee and bond requirements for retailers, installers, and manufacturers governed by the provisions of this chapter and shall supersede any program of any political subdivision of the state that sets fee or bond requirements for the same services.
(6) A retailer must obtain a separate installer license, pay the license fee set forth in subsection (1)(c) of this section and meet the bonding requirements of subsection (3)(c) of this section in order to provide the services covered by an installer license.
History:
[44-2103, added 1988, ch. 264, sec. 1, p. 520; am. 1993, ch. 372, sec. 3, p. 1341; am. 1995, ch. 202, sec. 1, p. 695; am. 1996, ch. 171, sec. 1, p. 555; am. 1996, ch. 421, sec. 30, p. 1426; am. 2004, ch. 313, sec. 5, p. 881; am. 2007, ch. 112, sec. 5, p. 324; am. 2013, ch. 57, sec. 3, p. 133; am. 2016, ch. 342, sec. 9, p. 972; am. 2020, ch. 129, sec. 4, p. 411; am. 2023, ch. 15, sec. 24, p. 88.]
2023 Idaho Code › Title 44 - LABOR › Chapter 21 - MANUFACTURED HOME DEALER AND INSTALLER LICENSING › Section 44-2104 - FACTORY BUILT STRUCTURES ADVISORY BOARD.

44-2104. FACTORY BUILT STRUCTURES ADVISORY BOARD. (1) The factory built structures advisory board, established in the division of occupational and professional licenses in accordance with the provisions of section 39-4302, Idaho Code, shall advise the administrator in the administration and enforcement of the provisions of this chapter.
(2) The board shall have the authority to promulgate rules in accordance with chapter 52, title 67, Idaho Code.
History:
[44-2104, added 1988, ch. 264, sec. 1, p. 521; am. 1996, ch. 334, sec. 1, p. 1131; am. 1996, ch. 421, sec. 31, p. 1427; am. 2000, ch. 439, sec. 2, p. 1400; am. 2001, ch. 151, sec. 2, p. 547; am. 2007, ch. 112, sec. 6, p. 324; am. 2016, ch. 342, sec. 10, p. 973; am. 2023, ch. 15, sec. 25, p. 89.]
2023 Idaho Code › Title 44 - LABOR › Chapter 21 - MANUFACTURED HOME DEALER AND INSTALLER LICENSING › Section 44-2105 - DISCIPLINE — HEARING — JUDICIAL REVIEW — REAPPLICATION.

44-2105. DISCIPLINE — HEARING — JUDICIAL REVIEW — REAPPLICATION. (1) The administrator may refuse to issue, renew, or reinstate or may suspend, revoke or take other disciplinary action against any license, if the license was obtained through error or fraud, or if the holder thereof is shown to be grossly incompetent, or has willfully violated any provision of this chapter or the rules adopted thereunder, or has been convicted of conduct constituting a felony or any theft or fraud offense, or has ever had a business license revoked in this or any other state or territory of the United States.
(2) The administrator shall have the power to appoint, by an order in writing, any competent person to take testimony at any disciplinary hearing. The administrator, and any hearing officer appointed by the administrator, shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses and the production of documents and records.
(3) Before any license shall be suspended, revoked or otherwise disciplined, the holder thereof shall be served with written notice enumerating the charges against him, and shall be afforded an opportunity for an appropriate contested case in accordance with the provisions of chapter 52, title 67, Idaho Code. The notice shall specify the time and place for hearing, which time shall not be less than five (5) days after the service thereof.
(4) Any party aggrieved by an order of the administrator disciplining a license shall be entitled to judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
(5) Any person whose license has been revoked may not apply for a new license until the expiration of one (1) year from the date of such revocation.
History:
[44-2105, added 1993, ch. 372, sec. 5, p. 1342; am. 1996, ch. 421, sec. 32, p. 1428; am. 2007, ch. 112, sec. 7, p. 325.]
2023 Idaho Code › Title 44 - LABOR › Chapter 21 - MANUFACTURED HOME DEALER AND INSTALLER LICENSING › Section 44-2106 - VIOLATIONS.

44-2106. VIOLATIONS. (1) It shall be unlawful to engage in business as a manufacturer, retailer, or installer without being duly licensed by the division of occupational and professional licenses pursuant to this chapter, except that an individual may buy, sell, broker, trade or offer for resale up to two (2) manufactured or mobile homes, or a combination thereof, in any one (1) calendar year without being licensed under this chapter if all of the units have been properly titled in the name of that individual.
(2) It shall be unlawful for a manufacturer, retailer, installer, or those employed by such to:
(a) Intentionally publish or circulate any advertising that is misleading or inaccurate in any material particular or that misrepresents any of the products or services sold or provided by a manufacturer, retailer, or installer;
(b) Violate any of the provisions of this chapter or any rule adopted by the division of occupational and professional licenses pursuant to this chapter;
(c) Knowingly purchase, sell or otherwise acquire or dispose of a stolen manufactured or mobile home;
(d) With respect only to a retailer, engage in the business for which such retailer is licensed without at all times maintaining a principal place of business located within the state.
History:
[44-2106, added 1993, ch. 372, sec. 6, p. 1342; am. 1996, ch. 421, sec. 33, p. 1428; am. 2004, ch. 313, sec. 6, p. 881; am. 2007, ch. 112, sec. 8, p. 326; am. 2013, ch. 57, sec. 4, p. 133; am. 2020, ch. 129, sec. 5, p. 412; am. 2023, ch. 15, sec. 26, p. 89.]
2023 Idaho Code › Title 44 - LABOR › Chapter 21 - MANUFACTURED HOME DEALER AND INSTALLER LICENSING › Section 44-2107 - PENALTY PROVISIONS.

44-2107. PENALTY PROVISIONS. (1) Whoever shall violate any of the provisions of this chapter, or any laws or rules adopted pursuant to this chapter, or who shall refuse to perform any duty lawfully enjoined upon him by the administrator within the prescribed time, or who shall fail, neglect, or refuse to obey any lawful order given or made by the administrator, shall be guilty of a misdemeanor and shall be subject to the civil penalties established by administrative rule but not to exceed one thousand dollars ($1,000) in accordance with the following:
(a) Each day of such violation shall constitute a separate offense. A violation will be considered a second or additional offense only if it occurs within one (1) year from the first violation.
(b) The same penalties shall apply, upon conviction, to any member of a copartnership, or to any construction, managing or directing officer of any corporation, limited liability company or limited liability partnership or other such organization consenting to, participating in, or aiding or abetting any such violation of this chapter.
(c) Proceedings related to the imposition of civil penalties shall be governed by the provisions of chapter 52, title 67, Idaho Code.
(2) In addition to any other penalties specified in this section, whenever any person violates the provisions of this chapter by acting as a retailer, or installer, without a license, the administrator may maintain an action in the name of the state of Idaho to enjoin the person from any further violations in accordance with the following:
(a) Such action may be brought either in the county in which the acts are claimed to have been or are being committed, in the county where the defendant resides, or in Ada county.
(b) Upon the filing of a verified complaint in the district court, the court, if satisfied that the acts complained of have been or probably are being or may be committed, may issue a temporary restraining order and/or preliminary injunction, without bond, enjoining the defendant from the commission of any such act or acts constituting the violation.
(c) A copy of the complaint shall be served upon the defendant and the proceedings shall thereafter be conducted as in other similar civil actions. If the commission of the act or acts is established, the court shall enter a decree permanently enjoining the defendant from committing such act or acts. If an injunction issued under this section is violated, the court, or the judge thereof at chambers, may summarily try and punish the offender for contempt of court.
History:
[(44-2107) 44-2106, added 1988, ch. 264, sec. 1, p. 522; am. and redesig. 1993, ch. 372, sec. 7, p. 1343; am. 2007, ch. 112, sec. 9, p. 326; am. 2013, ch. 57, sec. 5, p. 134; am. 2016, ch. 342, sec. 11, p. 973; am. 2020, ch. 129, sec. 6, p. 412.]
2023 Idaho Code › Title 44 - LABOR › Chapter 21 - MANUFACTURED HOME DEALER AND INSTALLER LICENSING › Section 44-2108 - RETAILER — ADDITIONAL LICENSURE REQUIREMENTS.

44-2108. RETAILER — ADDITIONAL LICENSURE REQUIREMENTS. (1) Each business office or retail sales location shall be owned or leased by the retailer and shall comply with all local building codes, zoning, and other applicable land use regulatory ordinances, and:
(a) If the location is on leased property, the retailer must provide written confirmation of the term and existence of the lease, signed by the lessor; and
(b) An exterior sign that identifies the retailer by the name shown on the license must be prominently affixed to the location or the office building and be clearly visible and easily readable from the nearest major avenue of traffic; and
(c) The retailer must prominently display his license, or a true and correct copy of that license, in each location; and
(d) The licensee must post, in a clearly visible and readily accessible location, written information concerning regular hours of business and emergency contact information.
(2) Regardless of the number of locations at which a retailer engages in business, he must maintain a principal place of business that complies with the requirements set forth in subsection (1)(a) of this section, and at which the records of the business are maintained on a permanent basis.
(3) The retailer must promptly notify the division of occupational and professional licenses, in writing, of any change in ownership, business name, location of business, mailing address or telephone numbers.
(4) For each new product sold, the retailer must provide proof, satisfactory to the board, of the retailer’s current authority to sell that manufacturer’s products.
(5) Failure to adhere to the requirements of this section, or any other requirement pertaining to licensure as set forth in law or rule, shall constitute grounds for the imposition of discipline up to and including revocation of licensure.
History:
[44-2108, added 2007, ch. 112, sec. 10, p. 327; am. 2020, ch. 129, sec. 7, p. 413; am. 2023, ch. 15, sec. 27, p. 90.]
2023 Idaho Code › Title 44 - LABOR › Chapter 22 - MANUFACTURED HOME INSTALLATION STANDARD › Section 44-2201 - MOBILE AND MANUFACTURED HOMES INSTALLATION.

44-2201. MOBILE AND MANUFACTURED HOMES INSTALLATION. (1) All new manufactured homes must be installed in accordance with the manufacturer’s approved installation instructions. All used mobile and manufactured homes shall be installed in accordance with the Idaho manufactured home installation standard, as provided by rule pursuant to this chapter. All mobile and manufactured homes must be installed in accordance with all other applicable state laws or rules pertaining to utility connection requirements.
(2) The administrator of the division of occupational and professional licenses may promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, specifying standardized installation instructions for mobile and manufactured homes. Upon the effective date of such rules, the rules shall prevail over any conflicting provisions in this chapter.
History:
[44-2201, added 1988, ch. 264, sec. 2, p. 522; am. 1993, ch. 372, sec. 8, p. 1343; am. 1998, ch. 237, sec. 1, p. 794; am. 2001, ch. 96, sec. 2, p. 244; am. 2012, ch. 50, sec. 1, p. 146; am. 2023, ch. 15, sec. 28, p. 90.]
2023 Idaho Code › Title 44 - LABOR › Chapter 22 - MANUFACTURED HOME INSTALLATION STANDARD › Section 44-2202 - INSTALLATION PERMITS AND INSPECTIONS REQUIRED.

44-2202. INSTALLATION PERMITS AND INSPECTIONS REQUIRED. (1) The owner or the installer of a mobile or manufactured home must obtain an installation tag and permit as applicable before installing a mobile or manufactured home that will be used as a residence on a building site or in a park. The installer’s license must be in effect at the time of the application for the installation permit.
(2) Installation tags shall be obtained from the division of occupational and professional licenses and are required for each installation of a new manufactured home. The fee for the installation tag shall be prescribed in administrative rules promulgated by the administrator of the division of occupational and professional licenses.
(3) Installation permits shall be issued by the division of occupational and professional licenses or a city or county that has by ordinance adopted a building code and whose installation inspection programs have been approved by the division. All installations shall be inspected by the authority having jurisdiction for compliance.
(4) Permit fees shall be prescribed in administrative rules promulgated by the administrator of the division of occupational and professional licenses or as established by the city or county having jurisdiction and whose installation inspection program has been approved by the division, as applicable.
(5) Immediately upon completion of the installation of a mobile or manufactured home, a licensed installer shall perform an inspection of the completed installation to ensure compliance with the applicable installation standard. Such inspection shall be recorded on an inspection record document approved by the division and a copy shall be provided to the homeowner upon completion of the inspection.
History:
[44-2202, added 1988, ch. 264, sec. 2, p. 522; am. 1993, ch. 372, sec. 9, p. 1343; am. 1997, ch. 228, sec. 2, p. 667; am. 2001, ch. 96, sec. 3, p. 244; am. 2012, ch. 50, sec. 2, p. 146; am. 2020, ch. 129, sec. 8, p. 413; am. 2023, ch. 15, sec. 29, p. 91.]
2023 Idaho Code › Title 44 - LABOR › Chapter 24 - IDAHO PROFESSIONAL EMPLOYER › Section 44-2402 - PURPOSE.

44-2402. PURPOSE. The legislature recognizes the increased popularity of professional employer services to small Idaho businesses and, therefore, deems it necessary in the interest of public health, safety and welfare to recognize such business enterprises, set forth certain definitions, and provide statutory guidelines.
History:
[44-2402, added 1994, ch. 129, sec. 1, p. 287.]
2023 Idaho Code › Title 44 - LABOR › Chapter 24 - IDAHO PROFESSIONAL EMPLOYER › Section 44-2403 - DEFINITIONS.

44-2403. DEFINITIONS. As used in this chapter:
(1) "Administration fee" means those charges made by the professional employer to the client over and above the cost of taxes, premiums, wages, state and federal withholdings or licensing procedures.
(2) "Assigned worker" is a person with an employment relationship with both the professional employer and the client.
(3) "Client" means a person who obtains its work force from another person through a professional employer arrangement.
(4) "Person" means an individual, an association, a company, a firm, a partnership or a corporation.
(5) "Professional employer arrangement" means an arrangement, under contract or otherwise, whereby:
(a) A professional employer assigns workers to perform services for a client;
(b) The arrangement is intended to be, or is, on-going rather than temporary in nature; and
(c) Employer responsibilities are in fact shared by the professional employer and the client for assigned workers.
(d) For the purposes of this chapter, a professional employer arrangement shall not include:
(i) Temporary employees;
(ii) Arrangements wherein a person, whose principal business activity is not entering into professional employer arrangements, shares employees with a commonly owned company within the meaning of section 414(b) and (c) of the Internal Revenue Code of 1986, as amended, and which does not hold itself out as a professional employer;
(iii) Arrangements for which a person assumes full responsibility for the product or service performed by such person or his agents and retains and exercises, both legally and in fact, a complete right of direction and control over the individuals whose services are supplied under such contractual arrangements, and such person and his agents perform a specified function for the client which is separate and divisible from the primary business or operations of the client.
(6) "Professional employer" means any person engaged in providing the services of employees pursuant to one (1) or more professional employer arrangements or any person that represents itself to the public as providing services pursuant to a professional employer arrangement.
(7) "Temporary employee" means a worker employed by an organization which hires its own employees and assigns them to a third party to support or supplement the third party’s work force in work situations such as employee absences, temporary skill shortages, seasonal workload conditions, and special assignments and projects.
History:
[44-2403, added 1994, ch. 129, sec. 1, p. 287.]
2023 Idaho Code › Title 44 - LABOR › Chapter 24 - IDAHO PROFESSIONAL EMPLOYER › Section 44-2404 - EXEMPTIONS.

44-2404. EXEMPTIONS. This chapter shall not apply to labor organizations or to any political subdivision of the state, the United States, and any programs or agencies thereof. A professional employer arrangement shall have no effect on existing collective bargaining agreements.
History:
[44-2404, added 1994, ch. 129, sec. 1, p. 288.]
2023 Idaho Code › Title 44 - LABOR › Chapter 24 - IDAHO PROFESSIONAL EMPLOYER › Section 44-2406 - OTHER LAW.

44-2406. OTHER LAW. Nothing in this chapter exempts a client of a professional employer company nor a worker assigned to a client by a professional employer from any other state, local or federal license or registration requirement. Any individual who must be licensed, registered or certified according to law and who is an assigned worker is deemed an employee of the client for purposes of the license, registration or certification. Except to the extent provided otherwise in the contract with a client, a professional employer is not liable for the general debts, obligations, loss of profits, business goodwill or other consequential special or incidental damages of a client with which it has entered into a professional employer arrangement.
History:
[44-2406, added 1994, ch. 129, sec. 1, p. 290.]
2023 Idaho Code › Title 44 - LABOR › Chapter 24 - IDAHO PROFESSIONAL EMPLOYER › Section 44-2407 - SEVERABILITY.

44-2407. SEVERABILITY. If any provisions of this chapter, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are severable.
History:
[44-2407, added 1994, ch. 129, sec. 1, p. 290.]
2023 Idaho Code › Title 44 - LABOR › Chapter 25 - MOBILE HOME REHABILITATION › Section 44-2501 - LEGISLATIVE INTENT.

44-2501. LEGISLATIVE INTENT. In order to ensure a continued supply of safe, affordable housing, the state of Idaho hereby adopts a rehabilitation program for existing mobile homes constructed prior to June 15, 1976, the effective date of the federal manufactured housing and safety standards act (HUD code), that are currently sited within Idaho or that may be brought into the state after the effective date of this act. It is legislative intent that the relocation and installation of these homes be approved when the rehabilitation on the home has been completed as required in this chapter and proof of compliance has been issued by the administrator of the division of occupational and professional licenses of the state of Idaho.
History:
[44-2501, added 1998, ch. 128, sec. 1, p. 478; am. 2023, ch. 15, sec. 30, p. 91.]
2023 Idaho Code › Title 44 - LABOR › Chapter 25 - MOBILE HOME REHABILITATION › Section 44-2502 - APPLICATION OF CHAPTER — REHABILITATION REQUIRED — CERTIFICATE OF COMPLIANCE.

44-2502. APPLICATION OF CHAPTER — REHABILITATION REQUIRED — CERTIFICATE OF COMPLIANCE. (1) This chapter shall apply to the installation of mobile homes constructed prior to June 15, 1976, within the jurisdiction of a city or county requiring an installation permit pursuant to section 44-2202, Idaho Code.
(2) Before a permit for the installation of the mobile home may be issued, the home must meet the rehabilitation requirements specified in this chapter and receive a certificate of compliance from the administrator of the division of occupational and professional licenses of the state of Idaho.
(3) Upon submission of the rehabilitation form required pursuant to section 44-2504, Idaho Code, and any other information required by the administrator to establish compliance with this chapter, the administrator shall issue a certificate of compliance to the homeowner. The certificate of compliance must be presented to the local jurisdiction before a permit for the installation of the home may be issued.
(4) Upon receipt of the certificate of compliance, the local jurisdiction shall issue the installation permit in the same manner as the permit would be issued with respect to a mobile/manufactured home for which rehabilitation is not required. No zoning or other ordinance or policy of the local jurisdiction prohibiting relocation or installation of a mobile home to which this chapter applies shall be effective to prohibit the relocation or installation of a mobile home for which a certificate of compliance has been issued in accordance with this chapter.
History:
[44-2502, added 1998, ch. 128, sec. 1, p. 479; am. 2023, ch. 15, sec. 31, p. 91.]
2023 Idaho Code › Title 44 - LABOR › Chapter 25 - MOBILE HOME REHABILITATION › Section 44-2504 - REHABILITATION FORM AND CHECKLIST — ADMINISTRATIVE FEE — RULES.

44-2504. REHABILITATION FORM AND CHECKLIST — ADMINISTRATIVE FEE — RULES. (1) The administrator of the division of occupational and professional licenses shall, by rule, establish a mobile home rehabilitation form and checkoff list. The form shall be completed and signed by an authorized representative of an Idaho-licensed manufactured home service company or installer or dealer holding an installer’s license. Electrical, gas, water and sewer inspections and any necessary repairs must be performed by a person or company properly licensed and authorized to perform the work under Idaho law, with the person or company performing the inspections and repairs to be noted on the rehabilitation form. A properly completed rehabilitation form shall be presented to the division of occupational and professional licenses before a certificate of compliance may be issued.
(2) The administrator of the division of occupational and professional licenses may, by rule, establish an administrative fee to cover the costs of administering the provisions of this chapter.
(3) In addition to the rulemaking authority provided in this section, the administrator of the division of occupational and professional licenses may promulgate rules in accordance with the provisions of chapter 52, title 67, Idaho Code, deemed necessary to implement the provisions of this chapter.
History:
[44-2504, added 1998, ch. 128, sec. 1, p. 481; am. 2023, ch. 15, sec. 32, p. 92.]
2023 Idaho Code › Title 44 - LABOR › Chapter 26 - VOLUNTARY CONTRIBUTIONS ACT › Section 44-2602 - DEFINITIONS.

44-2602. DEFINITIONS. (1) As used in this chapter the following terms have the following meanings:
(a) "Ballot proposition" includes initiatives, referenda, proposed constitutional amendments, and any other items submitted to the voters for their approval or rejection.
(b) "Filing entity" means a candidate, officeholder, political committee, political party, and each other entity required to report contributions under chapter 66, title 67, Idaho Code.
(c) "Fund" means the separate segregated fund established by a labor organization for political purposes according to the procedures and requirements of this chapter.
(d) (i) "Labor organization" means any association or organization of employees, and any agency, employee representation committee, or plan in which employees participate that exists, in whole or in part, to advocate on behalf of employees about grievances, labor disputes, wages, rates of pay, hours of employment or conditions of employment.
(ii) Except as provided in subsection (1)(d)(iii) of this section, "labor organization" includes each employee association and union for employees of public and private sector employers.
(iii) "Labor organization" does not include organizations governed by the national labor relations act, 29 U.S.C. section 151, et seq. or the railway labor act, 45 U.S.C. section 151, et seq.
(e) "Political activities" means electoral activities, independent expenditures, or expenditures made to any candidate, political party, political action committee or political issues committee or in support of or against any ballot measure.
(f) "Union dues" means dues, fees or other moneys required as a condition of membership in a labor organization.
(2) Other terms defined in chapter 66, title 67, Idaho Code, apply to this chapter.
History:
[44-2602, added 2003, ch. 97, sec. 1, p. 312; am. 2003, ch. 340, sec. 1, p. 916.]
2023 Idaho Code › Title 44 - LABOR › Chapter 26 - VOLUNTARY CONTRIBUTIONS ACT › Section 44-2603 - LIMITS ON LABOR ORGANIZATION CONTRIBUTIONS.

44-2603. LIMITS ON LABOR ORGANIZATION CONTRIBUTIONS.
(1) (a) A labor organization may only make expenditures for political activities if the labor organization establishes a separate segregated fund that meets the requirements of this chapter.
(b) The labor organization shall ensure that:
(i) In soliciting contributions for the fund, the solicitor discloses, in clear and unambiguous language on the face of the solicitation, that contributions are voluntary and that the fund is a political fund and will be expended for political activities;
(ii) Union dues are not used for political activities, transferred to the fund, or intermingled in any way with fund moneys;
(iii) The cost of administering the fund is paid from fund contributions and not from union dues; and
(iv) Each contribution is voluntary and shall be made by the member and may not come from or be remitted by the employer of the member.
(2) At the time the labor organization is soliciting contributions for the fund from an employee, the labor organization shall:
(a) Affirmatively inform the employee, orally or in writing, of the fund’s political purpose; and
(b) Affirmatively inform the employee, orally or in writing, of the employee’s right to refuse to contribute without fear of reprisal or loss of membership in the labor organization.
(3) The labor organization has the burden of proof to establish that the requirements of subsections (1)(b) and (2) of this section are met.
(4) Notwithstanding the requirements of subsection (1)(b)(ii) of this section, a labor organization may use union dues to lobby or communicate directly with its own members about political candidates, ballot measures, and other political issues.
History:
[44-2603, added 2003, ch. 97, sec. 1, p. 312; am. 2003, ch. 340, sec. 2, p. 917.]
2023 Idaho Code › Title 44 - LABOR › Chapter 26 - VOLUNTARY CONTRIBUTIONS ACT › Section 44-2604 - CRIMINAL ACTS — PENALTIES.

44-2604. CRIMINAL ACTS — PENALTIES.
(1) (a) It is unlawful for a labor organization to make expenditures for political activities by using contributions:
(i) Secured by physical force or threat of force, job discrimination or threat of job discrimination, membership discrimination or threat of membership discrimination, or economic reprisals or threat of economic reprisals; or
(ii) From union dues except as provided in section 44-2603(4), Idaho Code.
(b) When a labor organization is soliciting contributions for a fund from an employee, it is unlawful for a labor organization to fail to:
(i) Affirmatively inform the employee orally or in writing of the fund’s political purpose; and
(ii) Affirmatively inform the employee orally or in writing of the employee’s right to refuse to contribute without fear of reprisal or loss of membership in the labor organization.
(c) It is unlawful for a labor organization to pay a member for contributing to the fund by providing a bonus, expense account, rebate of union dues, or by any other form of direct or indirect compensation.
(2) Any person or entity violating this section is guilty of a misdemeanor.
History:
[44-2604, added 2003, ch. 97, sec. 1, p. 313.]
2023 Idaho Code › Title 44 - LABOR › Chapter 26 - VOLUNTARY CONTRIBUTIONS ACT › Section 44-2605 - REGISTRATION — DISCLOSURE.

44-2605. REGISTRATION — DISCLOSURE. Each fund established by a labor organization under this chapter shall:
(1) Register as a political committee as required by chapter 66, title 67, Idaho Code; and
(2) File the financial reports for political committees required by chapter 66, title 67, Idaho Code.
History:
[44-2605, added 2003, ch. 97, sec. 1, p. 313.]
2023 Idaho Code › Title 44 - LABOR › Chapter 27 - AGREEMENTS AND COVENANTS PROTECTING LEGITIMATE BUSINESS INTERESTS › Section 44-2701 - AGREEMENTS AND COVENANTS PROTECTING LEGITIMATE BUSINESS INTERESTS.

44-2701. AGREEMENTS AND COVENANTS PROTECTING LEGITIMATE BUSINESS INTERESTS. A key employee or key independent contractor may enter into a written agreement or covenant that protects the employer’s legitimate business interests and prohibits the key employee or key independent contractor from engaging in employment or a line of business that is in direct competition with the employer’s business after termination of employment, and the same shall be enforceable, if the agreement or covenant is reasonable as to its duration, geographical area, type of employment or line of business, and does not impose a greater restraint than is reasonably necessary to protect the employer’s legitimate business interests.
History:
[44-2701, added 2008, ch. 295, sec. 1, p. 824.]
2023 Idaho Code › Title 44 - LABOR › Chapter 27 - AGREEMENTS AND COVENANTS PROTECTING LEGITIMATE BUSINESS INTERESTS › Section 44-2702 - DEFINITIONS.

44-2702. DEFINITIONS. For purposes of this chapter, the following terms shall have the following meanings:
(1) "Key employees" and "key independent contractors" shall include those employees or independent contractors who, by reason of the employer’s investment of time, money, trust, exposure to the public, or exposure to technologies, intellectual property, business plans, business processes and methods of operation, customers, vendors or other business relationships during the course of employment, have gained a high level of inside knowledge, influence, credibility, notoriety, fame, reputation or public persona as a representative or spokesperson of the employer and, as a result, have the ability to harm or threaten an employer’s legitimate business interests.
(2) "Legitimate business interests" shall include, but not be limited to, an employer’s goodwill, technologies, intellectual property, business plans, business processes and methods of operation, customers, customer lists, customer contacts and referral sources, vendors and vendor contacts, financial and marketing information, and trade secrets as that term is defined by chapter 8, title 48, Idaho Code.
History:
[44-2702, added 2008, ch. 295, sec. 1, p. 824; am. 2018, ch. 349, sec. 1, p. 823.]
2023 Idaho Code › Title 44 - LABOR › Chapter 27 - AGREEMENTS AND COVENANTS PROTECTING LEGITIMATE BUSINESS INTERESTS › Section 44-2703 - CONSTRUCTION AND ENFORCEMENT.

44-2703. CONSTRUCTION AND ENFORCEMENT. To the extent any such agreement or covenant is found to be unreasonable in any respect, a court shall limit or modify the agreement or covenant as it shall determine necessary to reflect the intent of the parties and render it reasonable in light of the circumstances in which it was made and specifically enforce the agreement or covenant as limited or modified.
History:
[44-2703, added 2008, ch. 295, sec. 1, p. 824.]
2023 Idaho Code › Title 44 - LABOR › Chapter 27 - AGREEMENTS AND COVENANTS PROTECTING LEGITIMATE BUSINESS INTERESTS › Section 44-2704 - RESTRICTION OF DIRECT COMPETITION — REBUTTABLE PRESUMPTIONS.

44-2704. RESTRICTION OF DIRECT COMPETITION — REBUTTABLE PRESUMPTIONS. (1) Under no circumstances shall a provision of such agreement or covenant, as set forth herein, establish a postemployment restriction of direct competition that exceeds a period of eighteen (18) months from the time of the key employee’s or key independent contractor’s termination unless consideration, in addition to employment or continued employment, is given to a key employee or key independent contractor. Nothing in this chapter shall be construed to limit a party’s ability to otherwise protect trade secrets or other information deemed proprietary or confidential.
(2) It shall be a rebuttable presumption that an agreement or covenant with a postemployment term of eighteen (18) months or less is reasonable as to duration.
(3) It shall be a rebuttable presumption that an agreement or covenant is reasonable as to geographic area if it is restricted to the geographic areas in which the key employee or key independent contractor provided services or had a significant presence or influence.
(4) It shall be a rebuttable presumption that an agreement or covenant is reasonable as to type of employment or line of business if it is limited to the type of employment or line of business conducted by the key employee or key independent contractor, as defined in section 44-2702, Idaho Code, while working for the employer.
(5) It shall be a rebuttable presumption that an employee or independent contractor who is among the highest paid five percent (5%) of the employer’s employees or independent contractors is a "key employee" or a "key independent contractor." To rebut such presumption, an employee or independent contractor must show that it has no ability to adversely affect the employer’s legitimate business interests.
History:
[44-2704, added 2008, ch. 295, sec. 1, p. 824; am. 2016, ch. 281, sec. 1, p. 779; am. 2018, ch. 349, sec. 2, p. 823.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-101 - LIENS DEFINED.

45-101. LIENS DEFINED. A lien is a charge imposed in some mode other than by a transfer in trust upon specific property by which it is made security for the performance of an act.
History:
[(45-101) R.S., sec. 3325; reen. R.C. & C.L., sec. 3373; C.S., sec. 6340; I.C.A., sec. 44-101.]
2023 Idaho Code › Title 45 - LIENS, MORTGAGES AND PLEDGES › Chapter 1 - LIENS IN GENERAL › Section 45-102 - GENERAL AND SPECIAL LIENS.

45-102. GENERAL AND SPECIAL LIENS. Liens are either general or special.
History:
[(45-102) R.S., sec. 3326; reen. R.C. & C.L., sec. 3374; C.S., sec. 6341; I.C.A., sec. 44-102.]