reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 14 - SECURE TREATMENT FACILITY ACT › Section 66-1406 - RIGHTS OF PERSONS.

66-1406. RIGHTS OF PERSONS. (1) All persons shall be accorded those civil rights provided by chapter 4, title 66, Idaho Code, except as otherwise provided in this section.
(2) Access to attorney and advocacy. Every person in the facility shall at all times have the right to visit and be visited by or to communicate by sealed mail, telephone, or otherwise with the person’s attorney, an employee at the attorney’s firm or a representative of the state protection and advocacy system. Each person shall have reasonable access to letter-writing material and postage for this purpose.
(3) Court order. The department may limit civil rights if and as provided in a court order.
(4) Limitations on communication, visitation and property in the facility. Except as provided in subsection (2) of this section, the department may limit a person’s rights to communicate with individuals inside or outside the facility or to receive visitors or associate freely with individuals, and to keep and use the person’s own personal possessions, only if the following occurs:
(a) The decision to limit such person’s rights is a clinical decision made as part of the person’s individual treatment plan developed in accordance with chapter 4, title 66, Idaho Code;
(b) A statement explaining the reasons for such limitations shall immediately be entered in the person’s treatment record;
(c) Copies of such statement shall be sent to the person’s attorney, guardian, and the person’s spouse, adult next of kin, or friend, if any; and
(d) The person may appeal the treatment decisions that limit the person’s rights under this section to the department’s human rights committee within thirty (30) days.
(5) The use of mechanical restraints during the transportation to or from any facility must be in compliance with section 66-345, Idaho Code.
History:
[66-1406, added 2017, ch. 240, sec. 1, p. 595.]
2023 Idaho Code › Title 66 - STATE CHARITABLE INSTITUTIONS › Chapter 14 - SECURE TREATMENT FACILITY ACT › Section 66-1407 - TREATMENT.

66-1407. TREATMENT. (1) The director or the director’s designee shall have the power to develop appropriate standards and rules for treatment of persons in the facility. It shall be the responsibility of the director or the director’s designee to implement those standards.
(2) The relative risks and benefits of specific modes of treatment contained in such plans shall be explained to each person or the spouse, guardian, adult next of kin or friend of the person, to the extent allowable by law.
(3) The ability of a person to make informed decisions as to treatment will be made in accordance with a person’s commitment to the department as provided in chapter 2, title 18, Idaho Code, or chapter 4, title 66, Idaho Code.
(4) Restraints may be used only when a person poses an imminent risk of physical harm to self or others and restraints are the least-restrictive intervention that would achieve safety.
(5) The person shall be entitled to be diagnosed, cared for and treated in a manner consistent with the person’s legal rights and in a manner no more restrictive than necessary for the person’s protection and the protection of others for a period no longer than reasonably necessary for diagnosis, care, treatment and protection.
History:
[66-1407, added 2017, ch. 240, sec. 1, p. 596.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 1 - SEAT OF GOVERNMENT › Section 67-101 - LOCATION.

67-101. LOCATION. The seat of government of this state is at Boise City, in the county of Ada.
History:
[(67-101) 1864, p. 427, sec. 1; R.S., sec. 105; am. R.C., sec. 22; reen. C.L., sec. 22; C.S., sec. 4; I.C.A., sec. 65-101.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 1 - SEAT OF GOVERNMENT › Section 67-103 - EMERGENCY TEMPORARY LOCATION OF GOVERNMENT — DECLARATION BY GOVERNOR.

67-103. EMERGENCY TEMPORARY LOCATION OF GOVERNMENT — DECLARATION BY GOVERNOR. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effect of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Boise, Ada County, Idaho, the governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without this state as he may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. Such emergency temporary location, or locations, shall remain as the seat of government until the legislature shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.
History:
[67-103, added 1961 (E.S.), ch. 3, sec. 2, p. 18.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 1 - SEAT OF GOVERNMENT › Section 67-104 - VALIDITY OF ACTS PERFORMED AT EMERGENCY TEMPORARY LOCATION.

67-104. VALIDITY OF ACTS PERFORMED AT EMERGENCY TEMPORARY LOCATION. During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the convening and meeting of the legislature in regular, extraordinary, or emergency session, shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.
History:
[67-104, added 1961 (E.S.), ch. 3, sec. 3, p. 18.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 1 - SEAT OF GOVERNMENT › Section 67-105 - EMERGENCY TEMPORARY LOCATION OF LOCAL GOVERNMENTS.

67-105. EMERGENCY TEMPORARY LOCATION OF LOCAL GOVERNMENTS. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision of this state may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two (2) members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and may be within or without this state.
History:
[67-105, added 1961 (E.S.), ch. 3, sec. 4, p. 18.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 1 - SEAT OF GOVERNMENT › Section 67-106 - POWERS OF OFFICERS OF POLITICAL SUBDIVISIONS AT EMERGENCY TEMPORARY LOCATION — VALIDITY OF ACTS.

67-106. POWERS OF OFFICERS OF POLITICAL SUBDIVISIONS AT EMERGENCY TEMPORARY LOCATION — VALIDITY OF ACTS. During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this state shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative, and judicial powers and functions conferred upon such body and officers by or under the laws of this state. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.
History:
[67-106, added 1961 (E.S.), ch. 3, sec. 5, p. 18.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 1 - SEAT OF GOVERNMENT › Section 67-107 - ACT SUPREME AND CONTROLLING.

67-107. ACT SUPREME AND CONTROLLING. The provisions of this act shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter or ordinance provision to the contrary or in conflict herewith.
History:
[67-107, added 1961 (E.S.), ch. 3, sec. 6, p. 18.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 2 - LEGISLATIVE DISTRICTS › Section 67-204 - DUTY OF SECRETARY OF STATE — APPORTIONMENT OF NEW COUNTIES.

67-204. DUTY OF SECRETARY OF STATE — APPORTIONMENT OF NEW COUNTIES. The secretary of state must certify to the county auditor of each county on or before the first day of April preceding a general election the number of representatives in the legislature said county will be entitled to elect at the following election. When any new county has been created, subsequent to the last general election for governor, the total vote cast for governor in the territory included in such new county and in the territory remaining in any county or counties from which said new county has been created shall be estimated by the secretary of state as nearly as possible from the election returns and the legislative apportionment figured thereon.
History:
[(67-204) Compiled and reen. C.L. 4:4; C.S., sec. 54; I.C.A., sec. 65-204.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 2 - LEGISLATIVE DISTRICTS › Section 67-205 - UNASSIGNED PRECINCTS — ASSIGNMENT BY COUNTY COMMISSIONERS.

67-205. UNASSIGNED PRECINCTS — ASSIGNMENT BY COUNTY COMMISSIONERS. In the event in the enactment of legislation creating legislative and representative districts for the election of senators and representatives, any election precinct has been omitted from any legislative and/or representative district or has been included in more than one legislative and/or representative district, the county commissioners of the county in which any such precinct is located are authorized and directed to make such changes as are hereinafter provided. If an omitted precinct is located entirely within a district, it shall be included in such district. If an omitted precinct borders on two (2) or more districts, it shall be included in the district which has the smaller number of registered voters. If a precinct has been included in more than one legislative or more than one representative district, it shall be removed from the district or districts which have the larger number of registered voters, provided, however, that such precinct must be contiguous with the legislative and representative district with which it is included.
History:
[67-205, added 1966 (3rd E.S.), ch. 4, sec. 1, p. 15.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 3 - STATE OFFICERS IN GENERAL › Section 67-301 - CLASSIFICATION OF OFFICERS.

67-301. CLASSIFICATION OF OFFICERS. The public officers of this state are classified as follows:
1. Legislative.
2. Executive.
3. Judicial.
4. Ministerial officers and officers of the courts.
But this classification is not to be construed as defining the legal powers of either class.
History:
[(67-301) R.S., sec. 110; reen. R.C. & C.L., sec. 31; C.S., sec. 72; I.C.A., sec. 65-301.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 3 - STATE OFFICERS IN GENERAL › Section 67-302 - COMMENCEMENT OF TERM OF OFFICE.

67-302. COMMENCEMENT OF TERM OF OFFICE. The regular term of office of state and district officers, and of the judges of the Supreme and district courts, shall commence on the first Monday of January next after their election.
History:
[(67-302) 1890-1891, p. 57, sec. 13; am. 1899, p. 67, sec. 1; am. R.C., sec. 32; reen. C.L., sec. 32; C.S., sec. 73; I.C.A., sec. 65-302.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 3 - STATE OFFICERS IN GENERAL › Section 67-303 - HOLDING OFFICE AFTER EXPIRATION OF TERM.

67-303. HOLDING OFFICE AFTER EXPIRATION OF TERM. Every officer elected or appointed for a fixed term shall hold office until his successor is elected or appointed and qualified, unless the statute under which he is elected or appointed expressly declares the contrary. This section shall not be construed in any way to prevent the removal or suspension of such officer, during or after his term, in cases provided by law.
History:
[(67-303) 1890-1891, p. 57, sec. 172; reen. 1899, p. 67, sec. 5; reen. R.C. & C.L., sec. 32a; C.S., sec. 74; I.C.A., sec. 65-303.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-401 - CONSTITUTION OF LEGISLATURE.

67-401. CONSTITUTION OF LEGISLATURE. The legislature consists of a senate and house of representatives, the members of which are elected from the respective senatorial and representative districts by the qualified electors of said districts.
History:
[(67-401) Based upon Const., art. 3, sec. 1, sec. 2, and R.S., sec. 115; compiled and reen. R.C., sec. 33; reen. C.L., sec. 33; C.S., sec. 75; I.C.A., sec. 65-401; am. 2009, ch. 52, sec. 3, p. 136.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-402 - TERMS OF MEMBERS.

67-402. TERMS OF MEMBERS. The senators and representatives shall be elected for the term of two (2) years from and after the first day of December next following the general election.
History:
[(67-402) 1890-1891, p. 57, sec. 14; reen. 1899, p. 67, sec. 2; reen. R.C. & C.L., sec. 34; C.S., sec. 76; I.C.A., sec. 65-402.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-403 - CERTIFICATES OF ELECTION.

67-403. CERTIFICATES OF ELECTION. The certificate of election is prima facie evidence of the right to membership.
History:
[(67-403) R.S., sec. 121; reen. R.C. & C.L., sec. 35; C.S., sec. 77; I.C.A., sec. 65-403.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-404 - SESSIONS OF LEGISLATURE.

67-404. SESSIONS OF LEGISLATURE. At the hour of twelve o’clock M. on the Monday on or nearest the ninth day in January the regular session of the legislature shall be convened. The presiding officer must call the same to order and preside. Neither house must transact any business, but must adjourn from day to day, until a majority of all the members authorized by law to be elected are present. Each legislature shall have a term of two (2) years, commencing on December 1 next following the general election, and shall consist of a "First Regular Session" which shall meet in the odd-numbered years and a "Second Regular Session" which shall meet in the even-numbered years and any extraordinary session or sessions which may be called as provided by law.
History:
[(67-404) R.S., sec. 122; compiled and reen. R.C., sec. 36; reen. C.L., sec. 36; C.S., sec. 78; I.C.A., sec. 65-404; am. 1970, ch. 33, sec. 1, p. 70; am. 1975, ch. 194, sec. 1, p. 539; am. 1976, ch. 75, sec. 1, p. 246.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-404a - ORGANIZATION OF HOUSE OF REPRESENTATIVES AND SENATE.

67-404a. ORGANIZATION OF HOUSE OF REPRESENTATIVES AND SENATE. On the first Thursday of December in general election years, the members of the house of representatives and senate shall meet in Boise, in the capitol building or, during any renovation of the capitol building, in the building in which the legislature will hold sessions, for the purpose of organizing their respective houses. Members shall each receive compensation and expenses authorized by the citizen’s committee on legislative compensation, which shall be paid from the legislative account.
History:
[67-404a, added 1967, ch. 176, sec. 1, p. 588; am. 2007, ch. 41, sec. 1, p. 101.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-404b - RULES.

67-404b. RULES. At the beginning of the first regular session, or at the organizational session, of each legislature, both houses shall adopt permanent rules of procedures. The rules in effect at the last regular session of the immediately preceding legislature shall serve as the temporary rules of the legislature until the adoption of permanent rules.
History:
[67-404b, added I.C., sec. 67-404b, as added by 1970, ch. 33, sec. 2, p. 70.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-404c - OFFICERS AND STANDING COMMITTEES.

67-404c. OFFICERS AND STANDING COMMITTEES. (1) The officers of the legislature, elected or selected at the first regular session, or at the organizational session, shall serve during the term of the legislature.
(2) The standing committees of the legislature, when created and designated by rule of the respective house, shall be permanent standing committees and shall exist during the term of the legislature.
History:
[67-404c, added I.C., sec. 67-404c, as added by 1970, ch. 33, sec. 3, p. 70.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-404d - ORGANIZATION OF SECOND AND EXTRAORDINARY SESSIONS.

67-404d. ORGANIZATION OF SECOND AND EXTRAORDINARY SESSIONS. On the day set for the assembly of the second regular session or an extraordinary session of the legislature, the presiding officer, or his successor, shall administer the oath of office to new members and proceed with the business of the house in accordance with the rules of the respective houses.
History:
[67-404d, added I.C., sec. 67-404d, as added by 1970, ch. 33, sec. 4, p. 70.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-404e - PENDING BUSINESS.

67-404e. PENDING BUSINESS. Any business, bill or resolution pending at the final adjournment of a session shall not be carried over to the next regular or extraordinary session; provided, however, that any such bill or resolution may be reintroduced at any subsequent session of the legislature.
History:
[67-404e, added I.C., sec. 67-404e, as added by 1970, ch. 33, sec. 5, p. 70.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-405 - ADMINISTERING OF OATHS TO MEMBERS AND OFFICERS — OATHS TO WITNESSES BEFORE COMMITTEES.

67-405. ADMINISTERING OF OATHS TO MEMBERS AND OFFICERS — OATHS TO WITNESSES BEFORE COMMITTEES. The president and president pro tem, of the senate, and the speaker and speaker pro tem, of the house, may administer the oath of office to any member, and to the officers of their respective bodies. The members of any committee may administer oaths to witnesses in any matter under examination.
History:
[(67-405) R.S., sec. 123; reen. R.C. & C.L., sec. 37; C.S., sec. 79; I.C.A., sec. 65-405.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-406 - COMPENSATION AND MILEAGE OF MEMBERS OF LEGISLATURE.

67-406. COMPENSATION AND MILEAGE OF MEMBERS OF LEGISLATURE. Each member of the legislature shall receive for his services compensation and expenses in accordance with rates established by the citizens’ committee on legislative compensation authorized in section 67-406b, Idaho Code.
History:
[67-406) 1921, ch. 4, sec. 1, p. 6; sec. 65-406; am. 1947, ch. 2, sec. 1, p. 4; am. 2009, ch. 52, sec. 4, p. 136.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-406a - CITIZENS’ COMMITTEE ON LEGISLATIVE COMPENSATION — MEMBERS — APPOINTMENT — TERMS — ELECTION OF CHAIRMAN.

67-406a. CITIZENS’ COMMITTEE ON LEGISLATIVE COMPENSATION — MEMBERS — APPOINTMENT — TERMS — ELECTION OF CHAIRMAN. There is hereby established the citizens’ committee on legislative compensation, to consist of three (3) members appointed by the governor and three (3) members appointed by the Supreme Court. Members of the committee shall be residents of the state of Idaho and shall be appointed from the public and without regard to political affiliation. No one may be appointed to the committee who is an official or employee of the state of Idaho or any department, agency, or political subdivision thereof or who is an official or employee of any county, municipality or other unit of local government or of any agency or institution to which any state funds are appropriated.
Of the members of the committee first to be appointed, one (1) appointee each of the governor and the Supreme Court shall be appointed for a term of two (2) years, one (1) appointee each of the governor and the Supreme Court shall be appointed for a term of three (3) years, and one (1) appointee each of the governor and the Supreme Court shall be appointed for a term of four (4) years, commencing July 1, 1967. Thereafter, all members of the Committee shall be appointed for a four (4) year term, commencing July 1st. Vacancies shall be filled in the same manner as the original appointments and for the balance of the unexpired term. The committee shall elect one (1) of its members chairman, and members of the committee shall be compensated as provided by section 59-509(b), Idaho Code, which expenses shall be paid from the moneys appropriated for the operation of the legislature.
History:
[67-406a, added 1967, ch. 303, sec. 1, p. 861; am. 1976, ch. 286, sec. 1, p. 987; am. 1980, ch. 247, sec. 81, p. 647.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-406b - COMPENSATION AND EXPENSES.

67-406b. COMPENSATION AND EXPENSES. No member of the legislature of the state of Idaho shall receive any compensation for services rendered or expenses incurred as a legislator, except as set by the committee.
The committee shall, on or before November 30, 1976, establish the rate of compensation and expenses for services to be rendered by members of the legislature during the two (2) year period commencing on December 1, 1976. The compensation and expenses so established shall, on or before such date, be filed with the secretary of state and the state controller. The rates thus established shall be the rates applicable for the two (2) year period specified unless prior to the twenty-fifth legislative day of the regular 1977 legislative session, by concurrent resolution, the senate and house of representatives shall reject said rates of compensation and expenses and declare the same to be inoperative.
Thereafter the committee shall on or before the last day of November of each even numbered year, establish the rate of compensation, and expenses for services to be rendered by members of the legislature during the two (2) year period commencing on the first day of December of such year. The compensation and expenses so established shall, on or before such date, be filed with the secretary of state and the state controller. The rates thus established shall be the rates applicable for the two (2) year period specified unless prior to the twenty-fifth legislative day of the next regular biennial session, by concurrent resolution the senate and house of representatives shall reject said rates of compensation and expenses and declare the same to be inoperative.
History:
[67-406b, added 1967, ch. 303, sec. 2, p. 861; am. 1976, ch. 286, sec. 2, p. 988; am. 1994, ch. 180, sec. 166, p. 529.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-407 - ATTENDANCE OF WITNESS — SUBPOENA.

67-407. ATTENDANCE OF WITNESS — SUBPOENA. A subpoena requiring the attendance of any witness or the production of any papers or other materials before either house of the legislature, or a committee of the legislature, may be issued by the president or president pro tempore of the senate, speaker of the house, or the chairman of any committee before whom the attendance of the witness or the production of papers or other materials is desired. The subpoena must:
1. State whether the proceeding is before the senate or house, or a committee;
2. Be addressed to the witness, and name with particularity the papers or other materials to be produced by the witness, if papers and materials are requested;
3. Require the attendance of the witness or the production of such papers or other materials by the witness at a time and place certain to be shown on the subpoena;
4. Be signed by the president or president pro tempore of the senate, speaker of the house, or the chairman of a committee; and
5. Inform the witness that the witness will be paid mileage, meals and lodging, if necessary, or otherwise provided necessary transportation, meals or lodging for attendance. Any witness subpoenaed under this section shall be entitled to necessary mileage, meals and lodging at the rates established by the state board of examiners pursuant to section 67-2008, Idaho Code, for official travel for state officers and employees, to be paid from the legislative account if other transportation, meals and lodging are not tendered for the witness’s attendance.
History:
[(67-407) R.S., sec. 145; am. R.C., sec. 58; reen. C.L., sec. 58; C.S., sec. 99; I.C.A., sec. 65-407; am. 1995, ch. 232, sec. 1, p. 788.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-408 - ATTENDANCE OF WITNESSES — SERVICE OF SUBPOENAS.

67-408. ATTENDANCE OF WITNESSES — SERVICE OF SUBPOENAS. The subpoena may be served by the sheriff of any county in which the subpoenaed person may be found or by any person authorized to serve process of courts of record, and the affidavit of the person serving the subpoena that he delivered a copy to the witness is evidence of service.
History:
[(67-408) R.S., sec. 146; reen. C.L. & C.L., sec. 59; C.S., sec. 100; I.C.A., sec. 65-408; am. 1995, ch. 232, sec. 2, p. 788.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-409 - ATTENDANCE OF WITNESSES — REFUSAL TO OBEY SUBPOENA A CONTEMPT.

67-409. ATTENDANCE OF WITNESSES — REFUSAL TO OBEY SUBPOENA A CONTEMPT. If any witness neglects or refuses to obey such subpoena, or appearing, refuses to testify, or produce the subpoenaed documents or other materials, the senate or house may, by resolution entered on the journal, cite the witness for contempt. It shall be the duty of the district court, upon application of the presiding officer of the house resolving to cite the witness for contempt, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or the refusal to testify or produce documents or other materials in court.
History:
[(67-409) R.S., sec. 147; am. R.C., sec. 60; reen. C.L., sec. 60; C.S., sec. 101; I.C.A., sec. 65-409; am. 1995, ch. 232, sec. 3, p. 788.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-410 - WITNESSES — COMPELLING ATTENDANCE.

67-410. WITNESSES — COMPELLING ATTENDANCE. Any witness neglecting or refusing to attend in obedience to a subpoena issued under sections 67-407 through 67-410, Idaho Code, may at the written direction of the president or president pro tempore of the senate or the speaker of the house of representatives be arrested by the sergeant-at-arms, a sheriff or such other person designated in writing and brought before the senate or house. The only warrant of authority necessary to authorize such arrest is a copy of a resolution of the senate or house citing the person for contempt, signed by the presiding officer, and countersigned by the clerk, and the written authorization for arrest signed by the arresting officer.
History:
[(67-410) R.S., sec. 148; am. R.C., sec. 61; reen. C.L., sec. 61; C.S., sec. 102; I.C.A., sec. 65-410; am. 1995, ch. 232, sec. 4, p. 789.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-411 - WITNESSES — SELF-CRIMINATING TESTIMONY MAY BE EXACTED.

67-411. WITNESSES — SELF-CRIMINATING TESTIMONY MAY BE EXACTED. No statement made by any such witness on such examination before either house, or a committee, is competent evidence in any criminal proceeding against such witness; nor can such witness refuse to testify to any fact or to produce any paper, touching which he is examined, for the reason that his testimony or the production of such paper may tend to disgrace him, or render him infamous. Nothing in this section exempts any witness from prosecution and punishment for perjury committed by him on such examination.
History:
[(67-411) R.S., sec. 149; reen. R.C. & C.L., sec. 62; C.S., sec. 103; I.C.A., sec. 65-411.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-411A - TAKING AND RECORDING TESTIMONY UNDER OATH.

67-411A. TAKING AND RECORDING TESTIMONY UNDER OATH. Whenever conducting legislative business, a committee may require that testimony be given under oath, which may be administered by the chairman or by a person authorized by law to administer oaths, and may require that the testimony be recorded by an official court reporter or by some other competent person, under oath, which report when written, certified and approved by the person as being the direct transcript of the testimony, proceedings or documents shall be prima facie a correct statement of the testimony and proceedings provided that the person’s signature to the certificate shall be duly acknowledged by him before a notary public. Any person who takes an oath pursuant to this section who states as true any material matter which he knows to be false is guilty of perjury and shall be punished pursuant to chapter 54, title 18, Idaho Code.
History:
[67-411A, added 1995, ch. 232, sec. 6, p. 789.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-412 - DESIGNATING QUALIFIED SUBSTITUTE WHEN LEGISLATOR TEMPORARILY UNABLE TO PERFORM DUTIES.

67-412. DESIGNATING QUALIFIED SUBSTITUTE WHEN LEGISLATOR TEMPORARILY UNABLE TO PERFORM DUTIES. (1) In the event that a legislator is temporarily unable to perform the duties of his office, the legislator may designate a qualified person to succeed to the powers and duties, but not the office, of the legislator until the incumbent legislator is able to resume performance of his duties or a vacancy occurs in the office. If a legislator appoints a temporary successor, that person shall be designated or serve as a temporary substitute only if the person is qualified, under the Idaho constitution and statutes, to hold the office of the legislator to whose powers and duties the person is designated to succeed, which shall be verified by the legislator.
(2) In the event of an attack, as defined in section 67-415, Idaho Code, the provisions of the emergency interim legislative succession act shall apply.
History:
[67-412, added 2014, ch. 348, sec. 1, p. 869.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-414 - DECLARATION OF POLICY.

67-414. DECLARATION OF POLICY. The legislature declares: (1) That recent technological developments make possible an enemy attack of unprecedented destructiveness, which may result in the death or inability to act of a large proportion of the membership of the legislature; (2) That to conform in time of attack to existing legal requirements pertaining to the legislature would be impracticable, would admit of undue delay, and would jeopardize continuity of operation of a legally constituted legislature; and (3) That it is therefore necessary to adopt special provisions as hereinafter set out for the effective operation of the legislature.
History:
[67-414, added 1961 (E.S.), ch. 4, sec. 2, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-415 - DEFINITIONS.

67-415. DEFINITIONS. As used in this act:
(a) "Attack" means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or methods.
(b) "Unavailable" means absent from the place of session (other than on official business of the legislature), or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a legislator, whether or not such absence or inability would give rise to a vacancy under existing constitutional or statutory provisions.
History:
[67-415, added 1961 (E.S.), ch. 4, sec. 3, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-416 - DESIGNATION OF EMERGENCY INTERIM SUCCESSORS TO LEGISLATORS.

67-416. DESIGNATION OF EMERGENCY INTERIM SUCCESSORS TO LEGISLATORS. Each legislator shall designate not fewer than three (3) or more than seven (7) emergency interim successors to his powers and duties and specify their order of succession. Each legislator shall review and, as necessary, promptly revise the designations of emergency interim successors to his powers and duties to insure that all times there are at least three (3) such qualified emergency interim successors.
History:
[67-416, added 1961 (E.S.), ch. 4, sec. 4, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-417 - STATUS, QUALIFICATIONS AND TERM OF EMERGENCY INTERIM SUCCESSORS.

67-417. STATUS, QUALIFICATIONS AND TERM OF EMERGENCY INTERIM SUCCESSORS. An emergency interim successor is one who is designated for possible temporary succession to the powers and duties, but not the office, of a legislator. No person shall be designated or serve as an emergency interim successor unless he may under the constitution and statutes hold the office of the legislator to whose powers and duties he is designated to succeed. But no constitutional or statutory provision prohibiting a legislator from holding another office or prohibiting the holder of another office from being a legislator shall be applicable to an emergency interim successor. An emergency interim successor shall serve at the pleasure of the legislator designating him or of any subsequent incumbent of the legislative office.
History:
[67-417, added 1961 (E.S.), ch. 4, sec. 5, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-418 - CONTINGENT METHOD OF DESIGNATING EMERGENCY INTERIM SUCCESSORS.

67-418. CONTINGENT METHOD OF DESIGNATING EMERGENCY INTERIM SUCCESSORS. Prior to an attack, if a legislator fails to designate the required minimum number of emergency interim successors within thirty (30) days following the effective date of the act or, after such period, if for any reason the number of emergency interim successors for any legislator falls below the required minimum and remains below such minimum for a period of thirty (30) days, then the party leader of the same political party in the same house as such legislator shall promptly designate as many emergency interim successors as are required to achieve such minimum number. But the party leader shall not assign to any of his designees a rank in order of succession higher than that of any remaining emergency interim successor previously designated by a legislator for succession to his own powers and duties. Each emergency interim successor designated by a party leader shall serve at the pleasure of the person designating him, but the legislator for whom the emergency interim successor is designated or any subsequent incumbent of his office may change the rank in order of succession or replace at his pleasure any emergency interim successor so designated.
History:
[67-418, added 1961 (E.S.), ch. 4, sec. 6, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-419 - RECORDING AND PUBLICATION.

67-419. RECORDING AND PUBLICATION. Each designation of an emergency interim successor shall become effective when the legislator or party leader making the designation files with the secretary of state the successor’s name, address and rank in order of succession. The removal of an emergency interim successor or change in order of succession shall become effective when the legislator or party leader so acting files this information with the secretary of state. All such data shall be open to public inspection. The secretary of state shall inform the governor, the Idaho office of emergency management, the presiding officer of the house concerned and all emergency interim successors of all such designations, removals and changes in order of succession.
History:
[67-419, added 1961 (E.S.), ch. 4, sec. 7, p. 20; am. 2020, ch. 49, sec. 1, p. 115.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-420 - OATH OF EMERGENCY INTERIM SUCCESSORS.

67-420. OATH OF EMERGENCY INTERIM SUCCESSORS. Promptly after designation each emergency interim successor shall take the oath required for the legislator to whose powers and duties he is designated to succeed. No other oath shall be required.
History:
[67-420, added 1961 (E.S.), ch. 4, sec. 8, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-421 - DUTY OF EMERGENCY INTERIM SUCCESSORS.

67-421. DUTY OF EMERGENCY INTERIM SUCCESSORS. Each emergency interim successor shall keep himself generally informed as to the duties, procedures, practices and current business of the legislature, and each legislator shall assist his emergency interim successor to keep themselves so informed.
History:
[67-421, added 1961 (E.S.), ch. 4, sec. 9, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-422 - CONVENING OF LEGISLATURE IN EVENT OF ATTACK.

67-422. CONVENING OF LEGISLATURE IN EVENT OF ATTACK. In the event of an attack, the governor shall call the legislature into session as soon as practicable, and in any case within ninety (90) days following the inception of the attack. If the governor fails to issue such call, the legislature shall, on the ninetieth day from the date of inception of the attack, automatically convene at the place where the governor then has his office. Each legislator and each emergency interim successor, unless he is certain that the legislator to whose powers and duties he is designated to succeed or any emergency interim successor higher in order of succession will not be available [unavailable], shall proceed to the place of session as expeditiously as practicable. At such session or at any session in operation at the inception of the attack, and at subsequent sessions, limitations on the length of session and on the subjects which may be acted upon shall be suspended.
History:
[67-422, added 1961 (E.S.), ch. 4, sec. 10, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-423 - ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR BY EMERGENCY INTERIM SUCCESSOR.

67-423. ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR BY EMERGENCY INTERIM SUCCESSOR. If in the event of an attack a legislator is unavailable, his emergency interim successor highest in order of succession who is not unavailable shall, except for the power and duty to appoint emergency successors, exercise the powers and assume the duties of such legislator. An emergency interim successor shall exercise these powers and assume these duties until the incumbent legislator, an emergency interim successor higher in order of succession, or a legislator appointed or elected and legally qualified can act. Each house of the legislature shall, in accordance with its own rules, determine who is entitled under the provisions of this act to exercise the powers and assume the duties of its members. All constitutional and statutory provisions pertaining to ouster of a legislator shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a legislator.
History:
[67-423, added 1961 (E.S.), ch. 4, sec. 11, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-423A - ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR BY EMERGENCY INTERIM SUCCESSOR.

67-423A. ASSUMPTION OF POWERS AND DUTIES OF LEGISLATOR BY EMERGENCY INTERIM SUCCESSOR. If in the event a legislator dies or resigns the office, the legislator’s emergency interim successor highest in order of succession who is not unavailable shall, except for the power and duty to appoint emergency successors, exercise the powers and assume the duties of such legislator. An emergency interim successor shall exercise these powers and assume these duties until an emergency interim successor higher in order of succession, or a replacement legislator appointed pursuant to section 59-904A, Idaho Code, and legally qualified can act. Each house of the legislature shall, in accordance with its own rules, determine who is entitled under the provisions of this chapter to exercise the powers and assume the duties of its members. All constitutional and statutory provisions pertaining to ouster of a legislator shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a legislator.
History:
[67-423A, added 1999, ch. 297, sec. 1, p. 745; am. 2006, ch. 34, sec. 1, p. 98.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-424 - PRIVILEGES, IMMUNITIES AND COMPENSATION OF EMERGENCY INTERIM SUCCESSORS.

67-424. PRIVILEGES, IMMUNITIES AND COMPENSATION OF EMERGENCY INTERIM SUCCESSORS. When an emergency interim successor exercises the powers and assumes the duties of a legislator, he shall be accorded the privileges and immunities, compensation, allowances and other perquisites of office to which a legislator is entitled. In the event of an attack, each emergency interim successor, whether or not called upon to exercise the powers and assume the duties of a legislator, shall be accorded the privileges and immunities of a legislator while traveling to and from a place of session and shall be compensated for his travel in the same manner and amount as a legislator. This section shall not in any way affect the privileges, immunities, compensation, allowances or other perquisites of the office of an incumbent legislator.
History:
[67-424, added 1961 (E.S.), ch. 4, sec. 12, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-425 - QUORUM AND VOTE REQUIREMENTS.

67-425. QUORUM AND VOTE REQUIREMENTS. In the event of an attack, (1) quorum requirements for the legislature shall be suspended, and (2) where the affirmative vote of a specified proportion of members for approval of a bill, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.
History:
[67-425, added 1961 (E.S.), ch. 4, sec. 13, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-426 - TERMINATION OF OPERATION OF PROVISIONS OF THIS ACT.

67-426. TERMINATION OF OPERATION OF PROVISIONS OF THIS ACT. The authority of emergency interim successors to succeed to the powers and duties of legislators, and the operation of the provisions of this act relating to quorum, the number of affirmative votes required for legislative action, and limitations on the length of sessions and the subjects which may be acted upon, shall expire two (2) years following the inception of an attack, but nothing herein shall prevent the resumption before such time of the filling of legislative vacancies and the calling of elections for the legislature in accordance with applicable constitutional and statutory provisions. The governor, acting by proclamation, or the legislature, acting by concurrent resolution, may from time to time extend or restore such authority or the operation of any of such provisions upon a finding that events render the extension or restoration necessary, but no extension or restoration shall be for a period of more than one (1) year.
History:
[67-426, added 1961 (E.S.), ch. 4, sec. 14, p. 20.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-427 - LEGISLATIVE COUNCIL CREATED — MEMBERS — TERMS — VACANCY.

67-427. LEGISLATIVE COUNCIL CREATED — MEMBERS — TERMS — VACANCY. There is hereby created a legislative council which shall consist of the president pro tempore of the senate, the speaker of the house of representatives, the majority and minority floor leaders of each house, two (2) senators to be selected by the members of the majority party in the senate, two (2) senators to be selected by the members of the minority party in the senate, two (2) representatives to be selected by the members of the majority party in the house of representatives and two (2) representatives to be selected by the members of the minority party in the house of representatives. The council shall meet at least two (2) times each year or as may be necessary as provided for in section 67-430, Idaho Code. Members of the council shall hold office for two (2) years concurrent with the first and second regular sessions of the legislature until the organization of the council during the following first regular session. The legislative council shall appoint members to fill any vacancies that occur during the interim. Provided however, that any member so appointed shall be from the same house and the same political party as the member whose seat was vacated. Such member shall serve until the next regular legislative session. During the next regular legislative session, the members of the same house and the same political party as the member whose seat was vacated shall elect a member to fill the vacancy for the unexpired term of his predecessor.
History:
[67-427, added 1963, ch. 57, sec. 1, p. 222; am. 1967, ch. 365, sec. 1, p. 1054; am. 2014, ch. 123, sec. 1, p. 353.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 4 - LEGISLATURE › Section 67-428 - OFFICERS OF COUNCIL — COMMITTEES — DIRECTOR OF LEGISLATIVE SERVICES.

67-428. OFFICERS OF COUNCIL — COMMITTEES — DIRECTOR OF LEGISLATIVE SERVICES. The president pro tempore of the senate and the speaker of the house of representatives shall serve as cochairmen of the council. The council may adopt its own rules of procedure and appoint such committees as may be necessary for the proper and efficient performance of its duties. Committees shall consist of members of the council and other members of the legislature. The council shall appoint a director of legislative services, who shall serve at the pleasure of the council, and the council may employ such other employees and engage the services of such persons and agencies as may be necessary or desirable in the performance of its duties.
History:
[67-428, added 1963, ch. 57, sec. 2, p. 222; am. 1967, ch. 365, sec. 2, p. 1054; am. 1996, ch. 159, sec. 1, p. 503; am. 2009, ch. 52, sec. 5, p. 136; am. 2014, ch. 123, sec. 2, p. 353.]