reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1421 - FUNDS — HOW USED.

72-1421. FUNDS — HOW USED. All moneys coming into the public employee retirement account under the provisions of this chapter are hereby continuously appropriated for the objects and purposes of this chapter and the uses and purposes set forth in this chapter, and to pay all costs and expenses to be incurred and the costs of administration thereof by the public employee retirement system as herein provided.
History:
[(72-1421) 1945, ch. 76, sec. 4, p. 112; am. 1980, ch. 50, sec. 4, p. 83; 1990, am. and redesignated, ch. 231, sec. 81, p. 651.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1422 - BENEFITS EXEMPT FROM EXECUTION — NOT ASSIGNABLE.

72-1422. BENEFITS EXEMPT FROM EXECUTION — NOT ASSIGNABLE. No benefits or payments payable under the provisions of this chapter shall be subject to execution, nor assignable, nor shall the same be hypothecated or in any manner encumbered, except as ordered by a court to be transferred to an alternate payee in an approved domestic retirement order, as provided in sections 59-1319 and 59-1320, Idaho Code.
History:
[(72-1422) 1945, ch. 76, sec. 17, p. 112; am. 1980, ch. 50, sec. 15, p. 86; 1990, redesignated, ch. 231, sec. 82, p. 651; am. 2006, ch. 19, sec. 2, p. 73.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1423 - FILING OF CLAIMS — PROCEDURE — JURISDICTION OF INDUSTRIAL COMMISSION.

72-1423. FILING OF CLAIMS — PROCEDURE — JURISDICTION OF INDUSTRIAL COMMISSION. All claims against the public employee retirement account shall be filed with the public employee retirement system board. Any appeal from a decision of the board shall be filed with the industrial commission in as nearly as practicable the same manner that claims under the Workers’ Compensation Law of the state of Idaho are filed, and the said industrial commission is hereby given jurisdiction to entertain and pass upon said claims, allow or deny claims and make awards, and the provisions of the Workers’ Compensation Law of the state of Idaho relative to process, hearings and appeals are hereby made applicable to the provisions of this chapter, and said industrial commission is hereby given power and authority to make rules and regulations governing procedure in relation to said claims appealed from the public employee retirement system board.
History:
[72-1423, added 1945, ch. 76, sec. 24, p. 112; am. 1980, ch. 50, sec. 19, p. 87; am. 1993, ch. 350, sec. 10, p. 1305.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1424 - PRESENTATION OF FALSE CLAIM PENALIZED.

72-1424. PRESENTATION OF FALSE CLAIM PENALIZED. Any person making a false claim for allowance of benefits or payment of money under this chapter, knowing the same to be false, shall be guilty of a misdemeanor and shall be punished as provided by law.
History:
[(72-1424) 1945, ch. 76, sec. 28, p. 112; am. 1980, ch. 50, sec. 22, p. 88; 1990, redesignated, ch. 231, sec. 83, p. 652]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1425 - WORKERS’ COMPENSATION LAW NOT REPEALED.

72-1425. WORKERS’ COMPENSATION LAW NOT REPEALED. No provision contained in this chapter shall be deemed to operate as either a repeal or modification of any provision of the Workers’ Compensation Law of this state, except as hereinafter specifically set forth.
History:
[(72-1425) 1945, ch. 76, sec. 10, p. 112; am. 1980, ch. 50, sec. 9, p. 84; 1990, redesignated, ch. 231, sec. 84, p. 652; am. 1993, ch. 350, sec. 11, p. 1306.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1426 - RECORDS TO BE PUBLIC RECORDS.

72-1426. RECORDS TO BE PUBLIC RECORDS. The records of the industrial commission, insofar as they relate to the administration, management, and enforcement of this chapter, shall constitute public records.
History:
[(72-1426) 1945, ch. 76, sec. 18, p. 112; am. 1980, ch. 50, sec. 16, p. 86; 1990, redesignated, ch. 231, sec. 85, p. 652.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1429E - SURVIVING CHILD.

72-1429E. SURVIVING CHILD. A person qualifies as a surviving child of a firefighter if he or she is dependent on the firefighter at the time of the firefighter’s death and meets either of the following requirements:
(a) At the time of the firefighter’s death, the person is under the age of eighteen (18) years and, had the firefighter been eligible for social security benefits, would be entitled to child insurance benefits under the federal social security act by the firefighter’s death; or
(b) Qualifies and has been filed for as a dependent under the age of eighteen (18) years on the firefighter’s most recent internal revenue service income tax forms.
History:
[72-1429E, added 1990, ch. 249, sec. 11, p. 713.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1431 - CONTRIBUTION FROM FIREFIGHTERS — MANNER OF COLLECTION.

72-1431. CONTRIBUTION FROM FIREFIGHTERS — MANNER OF COLLECTION. Beginning October 1, 1978, there is hereby levied upon and shall be paid to the public employee retirement system board, in addition to other provisions of payment to the board, a contribution from each paid firefighter establishing the right to benefits under the provisions of chapter 14, title 72, Idaho Code, as follows:
(a) For a paid firefighter who selected Option I, as provided in section 72-1434, Idaho Code, the contribution shall be equal to eleven and forty-five one hundredths percent (11.45%) of the average paid firefighter’s salary or wage in the state;
(b) For a paid firefighter who selected Option II, as provided in section 72-1434, Idaho Code, the contribution shall be equal to eleven and forty-five one hundredths percent (11.45%) of his individual salary or wage.
The contribution shall be collected by the employer by deducting the amount of the contribution from the firefighter’s wages or salary as and when paid. The contribution shall be remitted to the retirement board by the city or fire district employing the paid firefighter no later than five (5) days after each pay date. The average paid salary or wage or the individual firefighter’s salary or wage, shall be calculated annually no later than the first day of September by the director, in the manner prescribed in section 72-1432, Idaho Code. The director shall notify each city and fire district of the amount of the contribution to be collected based on the average paid salary or wage or individual firefighter’s salary or wage, as applicable, for all pay periods commencing on or after the first day of October.
History:
[(72-1431) 1945, ch. 76, sec. 11, p. 112; am. 1957, ch. 185, sec. 1, p. 363; am. 1963, ch. 125, sec. 2, p. 358; am. 1973, ch. 105, sec. 1, p. 179; am. 1976, ch. 273, sec. 3 p. 924; am. 1978, ch. 331, sec. 3, p. 853; am. 1980, ch. 50, sec. 10, p. 84; 1990, am. and redesignated, ch. 231, sec. 86, p. 652; am. 2004, ch. 295, sec. 1, p. 825.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1432 - PENSION FUND CONTRIBUTIONS BY CITIES AND FIRE DISTRICTS — REMITTANCES.

72-1432. PENSION FUND CONTRIBUTIONS BY CITIES AND FIRE DISTRICTS — REMITTANCES. Beginning October 1, 1978, it shall also be the duty of the cities and fire districts of this state employing paid firefighters who are establishing the right to benefits under the provisions of chapter 14, title 72, Idaho Code, and of the boards and officers having authority therein, to cause to be remitted to the public employee retirement system board, as an incident to and part of the current expenses of such cities and fire districts, a sum equivalent to the total contribution rate and tax percentage paid into the Idaho public employee retirement system and the social security act on other public employees plus one percent (1%) thereafter of the average paid firefighter’s salary or wage in the state of Idaho, or the salary or wage of each individual firefighter, to be computed according to the classification of each firefighter under Option I or Option II as defined under section 72-1434, Idaho Code, for each paid firefighter employed by said cities or fire districts. The average paid salary or wage or individual firefighter’s salary or wage shall be measured and determined by the actual salary or wage earned during the twelve (12) month period beginning July 1 and ending June 30 immediately preceding September 1. Sums shall be remitted no later than five (5) days after each pay date as provided for remittances for individual firefighters as set forth in section 72-1431, Idaho Code. When a city or fire district is annexed by another city or fire district, the requirement of an annexed city or fire district to pay pursuant to this section shall transfer to the annexing city or fire district. The annexing city or fire district shall have the duty to cause to be remitted to the public employee retirement system board, as an incident to and part of the current expenses of such cities and fire districts, an amount as determined by the provisions of this section.
History:
[(72-1432) 1945, ch. 76, sec. 12, p. 112; am. 1957, ch. 185, sec. 2, p. 363; am. 1963, ch. 125, sec. 3, p. 358; am. 1973, ch. 105, sec. 2, p. 179; am. 1976, ch. 273, sec. 4, p. 925; am. 1977, ch. 96, sec. 1, p. 201; am. 1978, ch. 331, sec. 4, p. 854; am. 1980, ch. 50, sec. 11, p. 85; 1990, am. and redesignated, ch. 231, sec. 87, p. 653; am. 2000, ch. 13, sec. 4, p. 29; am. 2004, ch. 295, sec. 2, p. 825; am. 2018, ch. 178, sec. 1, p. 392.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1433 - FAILURE OF CITY OR FIRE DISTRICT TO MAKE PAYMENT — EFFECT.

72-1433. FAILURE OF CITY OR FIRE DISTRICT TO MAKE PAYMENT — EFFECT. In event any city or fire district of this state shall fail to contribute to the public employee retirement system board for any cause whatever, the provisions of this chapter shall apply to and be available for the payment of benefits to firefighters employed by such municipality or subdivision if the contribution required of such city or fire district shall have been, in fact, paid from any source whatever. In the event that any city or fire district shall eliminate its paid fire department, the city or fire district shall continue to make its contribution prescribed by section 72-1432, Idaho Code, necessary to fund the payment of benefits vested in any paid firefighter, or then being paid to any retired firefighter or beneficiary, of such city or fire district.
History:
[(72-1433) 1945, ch. 76, sec. 13, p. 112; am. 1976, ch. 273, sec. 5, p. 926; am. 1980, ch. 50, sec. 12, p. 85; 1990, am. and redesignated, ch. 231, sec. 88, p. 653.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1441 - DATE OF PAYMENT.

72-1441. DATE OF PAYMENT. All claims for benefits originating under Option II from and after October 1, 1979 shall be payable as provided in section 72-1434 through section 72-1451, Idaho Code. All claims for benefits being paid or originating prior to October 1, 1979 shall be payable as provided in section 72-1447, Idaho Code, so long as such claims or benefits are entitled to be paid, as that section existed prior to July 1, 1976; provided, however, that any firefighter incapacitated in the performance of duty prior to the effective date of any claims under this chapter shall be entitled to benefits under Option II, if said firefighter and his or her employer have been contributing the required contributions under sections 72-1431 and 72-1432, Idaho Code.
History:
[(72-1441) I.C., sec. 72-1429R, as added by 1963, ch. 125, sec. 21, p. 358; am. 1976, ch. 273, sec. 12, p. 934; am. 1980, ch. 50, sec. 30, p. 95; 1990, am. and redesignated, ch. 231, sec. 91, p. 655.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1442 - PENSION PAYMENT — MAXIMUM.

72-1442. PENSION PAYMENT — MAXIMUM. (1) No paid firefighter, retiring under the provisions of chapter 14, title 72, Idaho Code, shall receive more than one hundred percent (100%) of the firefighter’s average compensation for the three (3) consecutive years which produce the greatest aggregate compensation, which said monthly sum shall vary annually according to the determination of the "cost of living adjustment" as set forth in section 72-1471, Idaho Code.
(2) As the amount, terms and conditions of benefits under this chapter may be revised from time to time, the application of such revisions shall be prospective only and not retrospective or retroactive unless otherwise provided by law.
History:
[(72-1442) I.C., sec. 72-1431, as added by 1973, ch. 105, sec. 15, p. 179; am. 1976, ch. 273, sec. 20, p. 940; am. 1980, ch. 50, sec. 34, p. 99; 1990, am. and redesignated, ch. 231, sec. 92, p. 656; am. 2000, ch. 13, sec. 5, p. 30.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1443 - ACCRUED PENSION PAYMENT — FIREFIGHTERS DISCONTINUING SERVICE PRIOR TO VOLUNTARY RETIREMENT.

72-1443. ACCRUED PENSION PAYMENT — FIREFIGHTERS DISCONTINUING SERVICE PRIOR TO VOLUNTARY RETIREMENT. A paid firefighter, irrespective of date of hire, who has at least five (5) years of continuous service as defined in section 72-1403, subsections (E) and (H), Idaho Code, and who discontinues service with the city or fire district prior to meeting voluntary retirement or disability requirements, and who has not withdrawn his contributions as provided in section 72-1445 [72-1444], Idaho Code, shall be eligible, only after reaching sixty (60) years of age, to receive a monthly service retirement benefit equal to two percent (2%) of his average monthly salary, as defined in section 72-1431, Idaho Code, for each year of credited service, adjusted by the cost of living adjustment as provided under section 72-1471, Idaho Code.
History:
[(72-1443) 1978, ch. 331, sec. 6, p. 855; am. 1980, ch. 50, sec. 31, p. 95; 1990, am. and redesignated, ch. 231, sec. 93, p. 656.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1447 - PAYMENT OF PENSIONS — AMOUNT TO BE PAID — PARTIES ENTITLED THERETO.

72-1447. PAYMENT OF PENSIONS — AMOUNT TO BE PAID — PARTIES ENTITLED THERETO. Any firefighter, spouse, child or children of a firefighter entitled to compensation under the Workers’ Compensation Law, shall draw benefits under this chapter only to the extent that the benefits under this chapter exceed those to which he or she shall be entitled under the Workers’ Compensation Law of Idaho. In no case, however, will a firefighter’s regular retirement benefit be equal to more than one hundred per cent (100%) of the firefighter’s average compensation for the three (3) consecutive years of employment which produce the greatest aggregate compensation. If the benefit is calculated to exceed one hundred per cent (100%) of the firefighter’s average compensation, the firefighter shall be eligible for and may choose either:
(1) An annual service retirement allowance equal to the firefighter’s average annual compensation for the three (3) consecutive years of employment which produced the greatest aggregate compensation; or
(2) A separation benefit.
History:
[(72-1447) 1945, ch. 76, sec. 14, p. 112; am. 1947, ch. 159, sec. 1, p. 409; am. 1949, ch. 152, sec. 1, p. 327; am. 1957, ch. 185, sec. 3, p. 363; am. 1970, ch. 121, sec. 1, p. 292; am. 1976, ch. 273, sec. 6, p. 926; am. 1980, ch. 50, sec. 13, p. 86; 1990, am. and redesignated, ch. 231, sec. 97, p. 659; am. 1990, ch. 249, sec. 10, p. 713; am. 1993, ch. 350, sec. 12, p. 1306.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1452 - REVIEW OF DISABILITY.

72-1452. REVIEW OF DISABILITY. Upon application of a firefighter receiving a disability benefit, irrespective of the date of retirement, whether service or nonservice connected, or upon the board’s own motion, the disability shall be reviewed by the board to determine whether a change of condition has occurred which would justify increasing or decreasing the disability benefit. The board may make such order as is appropriate. Such review shall only occur once every three (3) years after the date of the first disability payment.
History:
[(72-1452) 1979, ch. 146, sec. 5, p. 451; am. 1980, ch. 50, sec. 38, p. 101; 1990, am. and redesignated, ch. 231, sec. 99, p. 661.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1462 - DEATH BENEFITS — SPOUSE OF RETIRED FIREFIGHTER.

72-1462. DEATH BENEFITS — SPOUSE OF RETIRED FIREFIGHTER. (1) In the event a paid firefighter, retired on retirement pay, shall die and leave surviving a spouse, but no minor children, such surviving spouse shall receive for life the retirement benefits to which the deceased firefighter was entitled, less any portion of the benefit transferred to an alternate payee as provided in sections 59-1319 and 59-1320, Idaho Code.
(2) Those benefits payable under the provisions of subsection (1) which were ordered prior to July 1, 1978, shall continue under the provisions of this chapter in effect at the time such benefit payment was ordered.
(3) Eligibility for benefits of surviving spouses that was terminated on or after July 1, 1987, solely because of the spouse’s remarriage is hereby reinstated effective July 1, 1992. Such spouses are entitled to have the benefits, including any cost of living allowances approved by the board effective on or after July 1, 1987, commence prospectively effective July 1, 1992, or upon their application to the retirement system, whichever is later.
History:
[(72-1462) 72-1429I, as added by 1963, ch. 125, sec. 12, p. 358; am. 1973, ch. 105, sec. 5, p. 179; am. 1976, ch. 273, sec. 9, p. 931; am. 1980, ch. 50, sec. 26, p. 92; 1990, am. and redesignated, ch. 231, sec. 101, p. 662; am.1990, ch. 249, sec. 13, p. 715; am. 1991, ch. 27, sec. 2, p. 52; am. 1992, ch. 123, sec. 2, p. 403; am. 1992, ch. 281, sec. 1, p. 859; am. 2006, ch. 19, sec. 4, p. 74.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1463 - DEATH BENEFITS — SURVIVING SPOUSE AND SURVIVING CHILD OR CHILDREN OF RETIRED FIREFIGHTER.

72-1463. DEATH BENEFITS — SURVIVING SPOUSE AND SURVIVING CHILD OR CHILDREN OF RETIRED FIREFIGHTER. (1) In the event a paid firefighter, retired on retirement pay, shall die and leave surviving a spouse, or a spouse and firefighter’s surviving child or children, the spouse, during the spouse’s lifetime shall be paid the retirement pay to which the deceased firefighter was eligible. If the surviving spouse dies the same retirement pay shall be paid to the firefighter’s surviving child or children until they reach the age of eighteen (18) years or shall marry, whichever occurs first. Should a paid firefighter, retired on retirement pay, die without leaving a surviving spouse, and leave surviving him or her a minor child or children, said child or children shall be entitled to receive the pension to which said firefighter was entitled until they marry or shall attain eighteen (18) years of age, whichever occurs first.
(2) Eligibility for benefits of surviving spouses that was terminated on or after July 1, 1987, solely because of the spouse’s remarriage is hereby reinstated effective July 1, 1992. Such spouses are entitled to have the benefits, including any cost of living allowances approved by the board effective on or after July 1, 1987, commence prospectively effective July 1, 1992, or upon their application to the retirement system, whichever is later.
History:
[(72-1463) 72-1429J, as added by 1963, ch. 125, sec. 13, p. 358; 1990, redesignated, ch. 231, sec. 102, p. 662; am. 1990, ch. 249, sec. 14, p. 715; am. 1991, ch. 27, sec. 3, p. 52; am. 1992, ch. 123, sec. 3, p. 403; am. 1992, ch. 281, sec. 2, p. 860; am. 2006, ch. 19, sec. 5, p. 75.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1471 - COST OF LIVING ADJUSTMENT.

72-1471. COST OF LIVING ADJUSTMENT. In addition to the monthly sums provided for under this chapter, any retired firefighter or his or her surviving spouse, child, or children drawing benefits shall be entitled to receive adjustments to such benefits, calculated on the percentage of increase or decrease in the average paid firefighter’s salary or wage, in this state, as computed under the terms of section 72-1431, Idaho Code.
History:
[(72-1471) 1976, ch. 273, sec. 23, p. 942; am. 1978, ch. 331, sec. 7, p. 855; am. 1980, ch. 50, sec. 36, p. 100; am. 1990, ch. 211, sec. 7, p. 478; 1990, am. and redesignated, ch. 231, sec. 105, p. 665.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 14 - FIREMEN’S RETIREMENT FUND › Section 72-1472 - SEPARABILITY.

72-1472. SEPARABILITY. If any clause, section or provision of this chapter be found to be unconstitutional, the remainder of this chapter shall remain in full force and effect, notwithstanding such invalidity.
History:
[(72-1472) 1945, ch. 76, sec. 27, p. 112; am. 1980, ch. 50, sec. 21, p. 88; 1990, redesignated, ch. 231, sec. 106, p. 665.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 15 - COMMISSION FOR REAPPORTIONMENT › Section 72-1501 - COMMISSION FOR REAPPORTIONMENT.

72-1501. COMMISSION FOR REAPPORTIONMENT. (1) A commission for reapportionment shall be organized, upon the order of the secretary of state, in the event that:
(a) A court of competent jurisdiction orders a redistricting of an existing state legislative or congressional plan; or
(b) In a year ending in one (1), a new federal census is available, in which case an order shall be issued no earlier than June 1.
(2) A commission formed pursuant to paragraph (1)(b) of this section shall be reconvened if, prior to the next general election, a court of competent jurisdiction orders the plan adopted by that commission to be revised.
History:
[72-1501, added 1996, ch. 175, sec. 1, p. 562.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 15 - COMMISSION FOR REAPPORTIONMENT › Section 72-1502 - MEMBERS.

72-1502. MEMBERS. The president pro tempore of the senate, the speaker of the house of representatives, and the minority leaders of the senate and the house of representatives shall each designate one (1) member of the commission and the state chairmen of the two (2) largest political parties, determined by the vote cast for governor in the last gubernatorial election, shall each designate one (1) member of the commission. Appointing authorities should give consideration to achieving geographic representation in appointments to the commission. If an appointing authority does not select the members within fifteen (15) calendar days following the secretary of state’s order to form the commission, such members shall be appointed by the supreme court.
Should a vacancy on the commission occur during the tenure of a commission, the secretary of state shall issue an order officially recognizing such vacancy. The vacancy shall be filled by the original appointing authority within fifteen (15) days of the order. Should the original appointing authority fail to make the appointment within fifteen (15) days, the vacancy shall be filled by the supreme court.
No person may serve on the commission who:
(1) Is not a registered voter of the state at the time of selection; or
(2) Is or has been within one (1) year a registered lobbyist; or
(3) Is or has been within two (2) years prior to selection an elected official or elected legislative district, county or state party officer. The provisions of this subsection do not apply to the office of precinct committeeperson.
A person who has served on a commission for reapportionment shall be precluded from serving in either house of the legislature for five (5) years following such service on the commission and shall be precluded from serving on a future commission for reapportionment unless the commission is reconstituted because a court of competent jurisdiction has invalidated a plan of the commission and the commission is required to meet to complete a reapportionment or redistricting plan. This limitation on serving on a future commission for reapportionment shall apply on and after January 1, 2001.
History:
[72-1502, added 1996, ch. 175, sec. 1, p. 562; am. 2009, ch. 252, sec. 1, p. 770.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 15 - COMMISSION FOR REAPPORTIONMENT › Section 72-1503 - POLITICAL ACTIVITIES PROHIBITED.

72-1503. POLITICAL ACTIVITIES PROHIBITED. No person may serve on the commission who is a candidate for political office as the term "candidate" is defined in section 67-6602, Idaho Code. In the event a person serving on the commission becomes a candidate, a vacancy on the commission shall be declared by the secretary of state, and filled as provided by law.
History:
[72-1503, added 1996, ch. 175, sec. 1, p. 562.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 15 - COMMISSION FOR REAPPORTIONMENT › Section 72-1504 - COMPENSATION.

72-1504. COMPENSATION. Members of the commission shall receive an honorarium of seventy-five dollars ($75.00) per day for each day spent in the performance of their official duties and shall be reimbursed for travel expenses and food and lodging, subject to the limits provided by the board of examiners in section 67-2008, Idaho Code. Payment of an honorarium as provided in this section shall not be considered salary as defined in section 59-1302(31), Idaho Code.
History:
[72-1504, added 1996, ch. 175, sec. 1, p. 562; am. 2010, ch. 224, sec. 1, p. 500.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 15 - COMMISSION FOR REAPPORTIONMENT › Section 72-1505 - ORGANIZATION AND PROCEDURE.

72-1505. ORGANIZATION AND PROCEDURE. The commissioners shall elect, by majority vote, a member or members to serve as chairman or cochairmen and other officers as they may determine.
All proceedings of the commission shall be governed by the following procedure:
(1) All meetings of the commission shall be subject to the provisions of the open meeting law.
(2) The commission shall provide notice of all meetings to any citizen or organization requesting the same.
(3) Copies of the validated census database, and all other databases available to the commission, will be provided in a form, as determined by the commission, to any person at cost.
(4) The commission shall hold meetings in different locations in the state in order to maximize the opportunity for public participation.
(5) A quorum of the commission shall consist of four (4) members. In the event there is a previously scheduled meeting, less than a quorum may take testimony and information, but no votes other than to set a future agenda, to prepare for future meetings, and to adjourn or recess, may be taken. Any final action of the commission shall be by a vote of two-thirds (2/3) of the full membership of the commission.
(6) A member must be present to vote.
(7) A redistricting plan may be presented to the commission by an individual citizen or organization. All such plans shall be public information. Any citizen or organization shall provide a current mailing address and telephone number to accompany any plan submitted.
History:
[72-1505, added 1996, ch. 175, sec. 1, p. 563.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 15 - COMMISSION FOR REAPPORTIONMENT › Section 72-1506 - CRITERIA GOVERNING PLANS.

72-1506. CRITERIA GOVERNING PLANS. Congressional and legislative redistricting plans considered by the commission, and plans adopted by the commission, shall be governed by the following criteria:
(1) The total state population as reported by the U.S. census bureau, and the population of subunits determined therefrom, shall be exclusive permissible data.
(2) To the maximum extent possible, districts shall preserve traditional neighborhoods and local communities of interest.
(3) Districts shall be substantially equal in population and should seek to comply with all applicable federal standards and statutes.
(4) To the maximum extent possible, the plan should avoid drawing districts that are oddly shaped.
(5) Division of counties shall be avoided whenever possible. In the event that a county must be divided, the number of such divisions, per county, should be kept to a minimum.
(6) To the extent that counties must be divided to create districts, such districts shall be composed of contiguous counties.
(7) District boundaries shall retain the local voting precinct boundary lines to the extent those lines comply with the provisions of section 34-306, Idaho Code. When the commission determines, by an affirmative vote of at least five (5) members recorded in its minutes, that it cannot complete its duties for a legislative district by fully complying with the provisions of this subsection, this subsection shall not apply to the commission or legislative redistricting plan it shall adopt.
(8) Counties shall not be divided to protect a particular political party or a particular incumbent.
(9) When a legislative district contains more than one (1) county or a portion of a county, the counties or portion of a county in the district shall be directly connected by roads and highways which are designated as part of the interstate highway system, the United States highway system or the state highway system. When the commission determines, by an affirmative vote of at least five (5) members recorded in its minutes, that it cannot complete its duties for a legislative district by fully complying with the provisions of this subsection, this subsection shall not apply to the commission or legislative redistricting plan it shall adopt.
History:
[72-1506, added 1996, ch. 175, sec. 1, p. 563; am. 2009, ch. 252, sec. 2, p. 771.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 15 - COMMISSION FOR REAPPORTIONMENT › Section 72-1507 - EXPENSES OF COMMISSION.

72-1507. EXPENSES OF COMMISSION. The council shall prepare and submit a budget for the expenses of the commission, including staff, equipment, meetings, salary and expense reimbursement of members, for consideration by the legislature not later than the session held in a year ending in nine (9) preceding the convening of a commission.
History:
[72-1507, added 1996, ch. 175, sec. 1, p. 564; am. 2009, ch. 52, sec. 12, p. 145.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 15 - COMMISSION FOR REAPPORTIONMENT › Section 72-1508 - FINAL REPORT.

72-1508. FINAL REPORT. The final report of the commission shall be filed with the office of the secretary of state not more than ninety (90) days after the commission has been organized. At the next regular or special session of the legislature, the secretary of state shall transmit a copy of the report to the president of the senate and the speaker of the house, which shall be spread upon the journals.
History:
[72-1508, added 1996, ch. 175, sec. 1, p. 564.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 15 - COMMISSION FOR REAPPORTIONMENT › Section 72-1509 - CHALLENGES — SUPREME COURT RULES.

72-1509. CHALLENGES — SUPREME COURT RULES. (1) Within the time and in the manner prescribed by rule of the supreme court, any registered voter, incorporated city or county in this state may appeal to the supreme court a congressional or legislative redistricting plan adopted by the commission.
(2) The commission shall prepare, process and transmit to the supreme court such documents of the proceedings of the commission as may be provided by rule of the supreme court.
History:
[72-1509, added 2015, ch. 250, sec. 1, p. 1046.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 15 - COMMISSION FOR REAPPORTIONMENT › Section 72-1510 - CHALLENGES TO PLANS.

72-1510. CHALLENGES TO PLANS. Prior to October 1 of a year ending in one (1), in which a new federal census is available, any registered voter, incorporated city or county in this state may challenge an existing legislative apportionment based upon the new federal census by filing a petition in the supreme court invoking its original jurisdiction in such manner as prescribed by rule of the supreme court.
History:
[72-1510, added 2015, ch. 250, sec. 2, p. 1047.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 16 - STATE DIRECTORY OF NEW HIRES › Section 72-1601 - SHORT TITLE.

72-1601. SHORT TITLE. This chapter shall be known and may be cited as the "Directory of New Hires Act."
History:
[72-1601, added 1997, ch. 340, sec. 1, p. 1016.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 16 - STATE DIRECTORY OF NEW HIRES › Section 72-1602 - PURPOSE.

72-1602. PURPOSE. This chapter establishes an automated state directory of new hires to be administered by the department of labor for the purpose of securing for this state the maximum benefits of the act of congress, approved August 22, 1996, known as the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996." The state directory of new hires provides a means for employers to assist in the state’s efforts to prevent fraud in the welfare, worker’s compensation, and unemployment insurance programs, to locate individuals to establish paternity, to locate absent parents who owe child support, and to collect support from those parents by reporting information concerning newly hired and rehired employees directly to a centralized state database.
History:
[72-1602, added 1997, ch. 340, sec. 1, p. 1017.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 16 - STATE DIRECTORY OF NEW HIRES › Section 72-1603 - DEFINITIONS.

72-1603. DEFINITIONS. As used in this chapter:
(1) "Date of hire" or "date of rehire" means the actual commencement of employment of an employee for wages or other remuneration.
(2) "Department" means the Idaho department of labor.
(3) "Director" means the director of the Idaho department of labor.
(4) "Employee" means an individual who is an employee within the meaning of 26 U.S.C. 3401. "Employee" does not include an employee of a federal or state agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting information with respect to the employee pursuant to this chapter could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission.
(5) "Employer" has the meaning given such term in 26 U.S.C. 3401(d) and includes labor organizations and governmental entities, except for any department, agency or instrumentality of the United States. The term "employer" does not include a multistate employer who has notified the United States secretary of health and human services in writing that it will transmit new hire reports magnetically or electronically to a state other than Idaho.
(6) "Labor organization" shall have the meaning given such term in 29 U.S.C. 152(5), and includes any entity, also known as a "hiring hall," which is used by the organization and an employer to carry out requirements described in 29 U.S.C. 158(f)(3) or an agreement between the organization and the employer.
(7) "Rehire" means to reemploy an individual who was laid off, separated, furloughed, granted leave without pay or terminated from employment at least sixty (60) consecutive days prior to reemployment.
History:
[72-1603, added 1997, ch. 340, sec. 1, p. 1017; am. 2013, ch. 103, sec. 3, p. 246.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 16 - STATE DIRECTORY OF NEW HIRES › Section 72-1604 - EMPLOYER REPORTING REQUIREMENTS.

72-1604. EMPLOYER REPORTING REQUIREMENTS. (1) Effective October 1, 1997, an employer doing business in the state of Idaho shall report to the department the hiring or rehiring of an employee who works in the state. The report shall contain:
(a) The employee’s name, address and social security number;
(b) The employer’s name, address and the identifying number assigned to the employer under 26 U.S.C. 6109; and
(c) The employer’s Idaho unemployment insurance account number, if any, and the employee’s date of hire or rehire.
(d) Multistate employers that have notified the secretary of health and human services that they will transmit all new hire reports to Idaho shall indicate in the reports whether each employee will be included in the employer’s Idaho quarterly wage report for unemployment insurance purposes.
(2) An employer may report by submitting a copy of the employee’s United States internal revenue service form W-4 (employee’s withholding allowance certificate) with the information required in subsections (1)(c) and (d) of this section (if applicable) noted thereon, or by any other means authorized by the director. An employer may submit the report by mail, telefax, or any other means the director authorizes. If an employer submits a report by mail, the report shall be deemed submitted on the postmarked date. A report transmitted by any other means shall be deemed submitted on the date the department receives it.
(3) An employer shall submit its report not later than twenty (20) calendar days after the date of hire or rehire. Employers transmitting reports electronically shall submit two (2) transmissions each month, if necessary, not less than twelve (12) days nor more that sixteen (16) days apart.
(4) An employer is authorized and required by this chapter to disclose the information described in subsection (1) of this section and is not liable to the employee for the disclosure or subsequent use of the information pursuant to this chapter.
(5) Entry of employer information shall be made into a database maintained by the state directory of hires within five (5) business days of receipt from employers.
History:
[72-1604, added 1997, ch. 340, sec. 1, p. 1017.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 16 - STATE DIRECTORY OF NEW HIRES › Section 72-1605 - USE OF NEW HIRE INFORMATION.

72-1605. USE OF NEW HIRE INFORMATION. (1) The information collected pursuant to this chapter shall be used only for the following purposes:
(a) The department of health and welfare shall use the information to assist in its administration of any public assistance program and for child support enforcement purposes.
(b) The department of labor shall transmit the information to the national directory of new hires and may use the information to administer programs under the employment security law and may provide the information to the state tax commission for the proper administration of income tax withholding under the Idaho income tax act.
(c) The state insurance fund and the industrial commission may use the information to administer the worker’s compensation program.
(2) Agencies that obtain information collected pursuant to this chapter shall maintain the confidentiality of the information received, except as provided in this chapter. If any employee or agent of the state, in violation of the provisions of this chapter, discloses information collected pursuant to this chapter, he or she shall be guilty of a misdemeanor.
History:
[72-1605, added 1997, ch. 340, sec. 1, p. 1018; am. 1998, ch. 230, sec. 6, p. 788.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 16 - STATE DIRECTORY OF NEW HIRES › Section 72-1606 - COSTS.

72-1606. COSTS. By written agreement, the department of health and welfare shall agree to pay the department of labor all costs incurred by the department of labor under this chapter that are attributable to the department of health and welfare, including the cost of establishing and maintaining the state directory of new hires. In the absence of such an agreement, the department of labor shall have no obligations or duties under this chapter except in its capacity as an employer that is required to report new hires. An agency that obtains information pursuant to subsection (1)(c) of section 72-1605, Idaho Code, shall reimburse the department for any costs it incurs to provide the information.
History:
[72-1606, added 1997, ch. 340, sec. 1, p. 1018.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 16 - STATE DIRECTORY OF NEW HIRES › Section 72-1607 - RULES.

72-1607. RULES. The director may promulgate rules to administer this chapter, pursuant to chapter 52, title 67, Idaho Code.
History:
[72-1607, added 1997, ch. 340, sec. 1, p. 1019.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1701 - PURPOSE AND INTENT OF ACT.

72-1701. PURPOSE AND INTENT OF ACT. (1) The purpose of this act is to promote alcohol and drug-free workplaces and otherwise support employers in their efforts to eliminate substance abuse in the workplace, and thereby enhance workplace safety and increase productivity. This act establishes voluntary drug and alcohol testing guidelines for employers that, when complied with, will find an employee who tests positive for drugs or alcohol at fault, and will constitute misconduct under the employment security law as provided in section 72-1366, Idaho Code, thus resulting in the denial of unemployment benefits.
(2) It is the further purpose of this act to promote alcohol and drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace and reach their desired levels of success without experiencing the cost delays and tragedies associated with work-related accidents resulting from substance abuse by employees.
History:
[72-1701, added 1997, ch. 126, sec. 1, p. 375; am. 1998, ch. 1, sec. 105, p. 97; am. 1999, ch. 142, sec. 1, p. 406; am. 2003, ch. 233, sec. 2, p. 593.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1702 - TESTING FOR DRUGS AND/OR ALCOHOL.

72-1702. TESTING FOR DRUGS AND/OR ALCOHOL. (1) It is lawful for a private employer to test employees or prospective employees for the presence of drugs or alcohol as a condition of hiring or continued employment, provided the testing requirements and procedures are in compliance with 42 U.S.C. section 12101.
(2) Nothing herein prohibits an employer from using the results of a drug or alcohol test conducted by a third party including, but not limited to, law enforcement agencies, hospitals, etc., as the basis for determining whether an employee has committed misconduct.
(3) This act does not change the at-will status of any employee.
History:
[72-1702, added 1997, ch. 126, sec. 1, p. 375; am. 2003, ch. 233, sec. 3, p. 593.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1703 - COST OF TESTING OF CURRENT EMPLOYEES.

72-1703. COST OF TESTING OF CURRENT EMPLOYEES. (1) Any drug or alcohol testing by an employer of current employees shall be deemed work time for purposes of compensation.
(2) All costs of drug and alcohol testing for current employees conducted under the provisions of this act, unless otherwise specified in section 72-1706(2), Idaho Code, shall be paid by the employer.
History:
[72-1703, added 1997, ch. 126, sec. 1, p. 376; am. 2003, ch. 233, sec. 4, p. 594.]
2023 Idaho Code › Title 72 - WORKER'S COMPENSATION AND RELATED LAWS -- INDUSTRIAL COMMISSION › Chapter 17 - IDAHO EMPLOYER ALCOHOL AND DRUG-FREE WORKPLACE ACT › Section 72-1704 - REQUIREMENTS FOR SAMPLE COLLECTION AND TESTING.

72-1704. REQUIREMENTS FOR SAMPLE COLLECTION AND TESTING. All sample collection and testing for drugs and alcohol under this act shall be performed in accordance with the following conditions:
(1) The collection of samples shall be performed under reasonable and sanitary conditions;
(2) The employer or employer’s agent who is responsible for collecting the sample will be instructed as to the proper methods of collection;
(3) Samples shall be collected and tested with due regard to the privacy of the individual being tested and in a manner reasonably calculated to prevent substitutions or interference with the collection or testing of reliable samples;
(4) Sample collection shall be documented and the documentation procedures shall include:
(a) Labeling of samples so as reasonably to preclude the possibility of misidentification of the person tested in relation to the test result provided; and
(b) Handling of samples in accordance with reasonable chain-of-custody and confidentiality procedures;
(5) Sample collection, storage and transportation to the place of testing shall be performed so as reasonably to preclude the possibility of sample contamination and/or adulteration;
(6) Sample testing shall conform to scientifically accepted analytical methods and procedures;
(7) Drug testing shall include a confirmatory test before the result of any test can be used as a basis for action by an employer under sections 72-1707 and 72-1708, Idaho Code. A confirmatory test refers to the mandatory second or additional test of the same sample that is conducted by a laboratory utilizing a chromatographic technique such as gas chromatography-mass spectrometry or another comparable reliable analytical method;
(8) Positive alcohol tests resulting from the use of an initial screen saliva test, must include a confirmatory test that utilizes a different testing methodology meant to demonstrate a higher degree of reliability;
(9) Positive alcohol tests resulting from the use of a breath test must include a confirmatory breath test conducted no earlier than fifteen (15) minutes after the initial test; or the use of any other confirmatory test meant to demonstrate a higher degree of reliability.
History:
[72-1704, added 1997, ch. 126, sec. 1, p. 376; am. 2003, ch. 233, sec. 5, p. 594.]