reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2725A - STATE TREASURER PROHIBITED FROM MAKING DEPOSITS IN BANKS OR TRUST COMPANIES WHICH HAVE FAILED TO PAY ALL STATE AND LOCAL TAXES.

67-2725A. STATE TREASURER PROHIBITED FROM MAKING DEPOSITS IN BANKS OR TRUST COMPANIES WHICH HAVE FAILED TO PAY ALL STATE AND LOCAL TAXES. The state treasurer shall not deposit moneys of the state in a bank or trust company which has failed to pay all state and local taxes, including corporate income or franchise taxes upon its corporate income or franchise, sales and use taxes upon its purchases of tangible personal property, and real and personal property taxes upon property owned or leased by such bank or trust company.
History:
[67-2725A, added I.C., sec. 67-2725A, as added by 1969, ch. 141, sec. 2, p. 447.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2726 - BANKS TO WHICH OFFICIALS SECRETLY INDEBTED INELIGIBLE.

67-2726. BANKS TO WHICH OFFICIALS SECRETLY INDEBTED INELIGIBLE. No bank is eligible to become or remain a state depository, to which the state treasurer, state controller, or the chief deputy of either of them is directly indebted, unless the fact of such indebtedness is made known to the department of finance, but the amount and character of such indebtedness shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and said department of finance shall treat such information in strict confidence. Any member of the department violating this provision shall be guilty of a misdemeanor, and punished therefor as provided by law.
In case of a violation by a state depository of this provision, the department of finance shall immediately cause all funds therein to be withdrawn and such bank shall be ineligible again to become a state depository during the incumbency of the official so indebted to said bank.
History:
[(67-2726) R.C., sec. 128a, added 1915, ch. 168, sec. 4, p. 380; reen. C.L. 13:7; C.S., sec. 307; I.C.A., sec. 65-2624; am. 1980, ch. 84, sec. 4, p. 186; am. 1990, ch. 213, sec. 93, p. 554; am. 1994, ch. 180, sec. 201, p. 547.; am. 2015, ch. 141, sec. 168, p. 513.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2737 - FUNDS TO BE DEPOSITED.

67-2737. FUNDS TO BE DEPOSITED. The state treasurer shall deposit, subject to the provisions of this chapter and of section 67-1210, Idaho Code, in designated state depositories, all moneys of the state of Idaho coming into his hands.
History:
[(67-2737) Based upon 1905, p. 305, sec. 1; R.C., sec. 127; am. 1909, p. 363; R.C., sec. 130, as added by 1915, ch. 168, sec. 7, p. 385; reen. C.L. 13:18; C.S., sec. 318; I.C.A., sec. 65-2635; am. 1969, ch. 331, sec. 1, p. 1038.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2738 - PERMANENT ENDOWMENT FUNDS TEMPORARILY IN HANDS OF TREASURER.

67-2738. PERMANENT ENDOWMENT FUNDS TEMPORARILY IN HANDS OF TREASURER. All moneys temporarily in the hands of the state treasurer belonging to the permanent charitable, educational, public school or university lands endowment funds, or other funds under the control of the investment board, shall be deposited by him, subject to the provisions of this chapter, pending the investment thereof by the said board, who shall have control of the disposition and investment thereof, as is now or may hereafter be provided by law, and the treasurer shall withdraw the said funds from deposit at all times immediately upon the call of the said board.
History:
[(67-2738) Based upon 1905, p. 305, sec. 10; R.C., sec. 136; am. 1909, p. 362; R.C., sec. 130a, as added by 1915, ch. 168, sec. 8, p. 385; compiled and reen. C.L. 13:19; C.S., sec. 319; am. 1921, ch. 243, sec. 1, p. 534; I.C.A., sec. 65-2636; am. 1974, ch. 24, sec. 15, p. 744.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2741 - EXCESS DEPOSITS.

67-2741. EXCESS DEPOSITS. Where the amount to be deposited exceeds the amount which all state depositories in the state are willing to accept on the terms specified in this chapter, the state treasurer may, with the consent of the investment board, deposit the excess in any one (1) or more banks or trust companies in the state designated by the director of the department of finance, or if there be no bank or trust company in the state satisfactory to the investment board which is willing to accept such excess on the terms and conditions specified by the board, then in a bank or banks designated by said board outside the state, having a paidup capital and unimpaired surplus of not less than $5,000,000, located in a reserve city, as designated by the United States comptroller of the currency, subject to such regulations, upon such conditions and with such security as the board may fix and determine, and except as in this section otherwise provided and in the special cases for which express statutory provision is made otherwise, the state treasurer shall not deposit the funds of the state in his custody in banks or trust companies located outside the state of Idaho.
History:
[(67-2741) R.C., sec. 130d, as added by 1915, ch. 168, sec. 8, p. 386; reen. C.L. 13:22; C.S., sec. 322; I.C.A., sec. 65-2639; am. 1935, ch. 4, sec. 1, p. 15; am. 1935, ch. 135, sec. 4, p. 326; am. 1969, ch. 331, sec. 4, p. 1038; am. 1974, ch. 24, sec. 17, p. 744.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2742 - WITHDRAWAL OF MONEYS FROM DEPOSITORIES — TIME DEPOSITS.

67-2742. WITHDRAWAL OF MONEYS FROM DEPOSITORIES — TIME DEPOSITS. All deposits in state depositories shall be demand deposits or deposits in accounts upon which negotiable orders of withdrawal may be written, or in similar transaction deposit accounts except time deposits of idle moneys, as defined in section 67-1210, Idaho Code, which the treasurer is hereby authorized to make. If the proceeds of a time certificate of deposit are not credited or paid to the state treasury on the maturity date of the certificate after demand by the state, the depository shall pay a penalty of one-fourth of one percent (.0025) per day on the principal amount of such certificate commencing on the day following the date of maturity and continuing until the whole amount is credited or paid to the state.
History:
[(67-2742) Based upon 1905, p. 305, sec. 1; R.C., sec. 127; am. 1909, p. 363; R.C., sec. 130e, as added by 1915, ch. 168, sec. 8, p. 386; reen. C.L. 13:23; C.S., sec. 323; am. 1925, ch. 190, sec. 8, p. 349; I.C.A., sec. 65-2640; am. 1969, ch. 331, sec. 5, p. 1038; am. 1970, ch. 122, sec. 1, p. 295; am. 1971, ch. 133, sec. 2, p. 516; am. 1973, ch. 272, sec. 1, p. 569; am. 1976, ch. 42, sec. 40, p. 114; am. 1981, ch. 2, sec. 3, p. 5; am. 1983, ch. 38, sec. 12, p. 95.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2743 - INTEREST ON TIME DEPOSITS.

67-2743. INTEREST ON TIME DEPOSITS. Every state depository shall pay interest upon time deposits made by the state treasurer at rates not less than those paid to investors for a deposit of the same amount and under like circumstances and conditions; provided, however, that such time deposits shall bear interest at a rate not in excess of the maximum rate permitted by any applicable government regulation.
History:
[(67-2743) Based upon 1905, p. 305, sec. 1, R.C., sec. 127; am. 1909, p. 363, R.C., sec. 131, as added by 1915, ch. 168, sec. 9, p. 386; reen. C.L. 13:34; C.S., sec. 324; am. 1925, ch. 190, sec. 9, p. 349; I.C.A., sec. 65-2641; am. 1933, ch. 96, sec. 2, p. 151; am. 1937, ch. 100, sec. 1, p. 146, rep. and reen. 1969, ch. 331, sec. 6, p. 1038; am. 1970, ch. 142, sec. 1, p. 423; am. 1971, ch. 134, sec. 2, p. 518; am. 1973, ch. 272, sec. 2, p. 569; am. 1974, ch. 149, sec. 2, p. 1367; am. 1981, ch. 2, sec. 4, p. 6; am. 1981, ch. 146, sec. 2, p. 252; am. 1983, ch. 38, sec. 13, p. 96.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2743E - DISCLOSURE OR USE OF INFORMATION RELATING TO DEPOSITORIES — PENALTY.

67-2743E. DISCLOSURE OR USE OF INFORMATION RELATING TO DEPOSITORIES — PENALTY. Information regarding the solvency of the bank obtained by the board, the department of finance, or office of state treasurer, shall be subject to disclosure according to chapter 1, title 74, Idaho Code, except that such disclosure is subject to the privilege set out in subsection (3) of section 26-1111, Idaho Code, and provided further, that the board, the department of finance and the office of state treasurer may disclose such information to federal or state bank examiners having a lawful right to examine said bank or to proper officials legally empowered to investigate criminal charges relating to said bank or to any of its directors or employees, provided that the provisions of this section shall not apply to information included as part of the daily, monthly, biennial or other official reports of the state treasurer’s office. Any public official who violates any provision of this section shall forfeit his office or employment and shall also be guilty of a felony. Any person who is not lawfully entitled to such information and who attempts to obtain such information illegally or who misuses such information as he may have obtained shall be guilty of a felony.
History:
[67-2743E, added 1969, ch. 331, sec. 11, p. 1047; am. 1970, ch. 155, sec. 1, p. 479; am. 1974, ch. 24, sec. 19, p. 744; am. 1990, ch. 213, sec. 94, p. 555; am. 1993, ch. 187, sec. 3, p. 479; am. 2015, ch. 141, sec. 169, p. 513.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2744 - DEPOSITORIES TO RENDER MONTHLY STATEMENTS.

67-2744. DEPOSITORIES TO RENDER MONTHLY STATEMENTS. The treasurer shall require, and it is hereby made the duty of every such depository to keep accurate accounts of all such moneys deposited with it, showing the amount deposited and when deposited, and to render, at the beginning of each and every month, to the treasurer and to the state controller when requested, a statement, in duplicate, showing the daily balance of the treasurer’s moneys held by it during the month next preceding.
History:
[67-2744, added 1905, p. 305, sec. 2; am. 1907, p. 95, sec. 1; reen. R.C., sec. 128; am. R.C., sec. 131a, as added by 1915, ch. 168, sec. 10, p. 387; reen. C.L. 13:25; C.S., sec. 325; am. 1925, ch. 190, sec. 10, p. 349; I.C.A., sec. 65-2642; am. 1937, ch. 100, sec. 2, p. 146; am. 1980, ch. 84, sec. 5, p. 187; am. 1994, ch. 180, sec. 202, p. 547.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2745 - DUTY OF TREASURER UPON RECEIPT OF NOTICE OF CANCELLATION.

67-2745. DUTY OF TREASURER UPON RECEIPT OF NOTICE OF CANCELLATION. Upon receiving the notice of cancellation hereinbefore provided for, the state treasurer shall cease to make any further deposits in said depository, unless and until it is reinstated by the department of finance and he shall give immediate notice to said depository of his intention to withdraw all time deposits after the expiration of the period fixed by said notice, which period shall be in accordance with the agreement in respect thereto made at the time of the deposit.
He shall withdraw all checking deposits before the expiration of ninety (90) days from the receipt of said notice of cancellation. Such withdrawals shall be made at such times and in such amounts as the treasurer shall deem advisable, subject to the supervisory control of the department of finance, but in no case shall he fail within ten (10) days after receipt of said notice to withdraw at least 25 per cent of the pro rata amount of the treasurer’s deposit secured by said bond and to withdraw at least 25 per cent of said amount during every 25-day period thereafter until the whole amount has been withdrawn.
History:
[(67-2745) R.C., sec. 131b, as added by 1915, ch. 168, sec. 10, p. 387; reen. C.L. 13:26; C.S., sec. 326; am. 1925, ch. 190, sec. 11, p. 349; I.C.A., sec. 65-2643.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2746 - RESPONSIBILITY FOR LOSS THROUGH INSOLVENCY OF BANK.

67-2746. RESPONSIBILITY FOR LOSS THROUGH INSOLVENCY OF BANK. The state treasurer shall not be liable personally or upon his official bond for any moneys that may be lost by reason of the failure or insolvency of any bank which becomes a depository under the state depository law, except insofar as his violation of any trust devolving upon him as such treasurer or any of the provisions of this chapter shall contribute to such loss.
History:
[(67-2746) Based upon 1905, p. 305, sec. 5; R.C., sec. 131; R.C., sec. 131c, as added by 1915, ch. 168, sec. 10, p. 387; reen. C.L. 13:27; C.S., sec. 327; I.C.A., sec. 65-2644.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2746A - DEPOSIT FOR SAFEKEEPING — RESPONSIBILITY.

67-2746A. DEPOSIT FOR SAFEKEEPING — RESPONSIBILITY. The state treasurer may deposit for safekeeping with a state or national bank or a federal reserve bank any bonds, notes, bills, debentures, obligations, certificates of indebtedness, warrants, or other evidences of indebtedness in which the moneys of the state of Idaho or its agencies are invested pursuant to law; provided the treasurer shall take from the bank a receipt for the securities deposited. The state treasurer may accept securities in authorized book entry form. The state treasurer shall not be responsible for securities so deposited until they are withdrawn by the treasurer from the bank, except insofar as a violation by the treasurer of the prudent man investment rule contributes to any loss.
History:
[67-2746A, added I.C., sec. 67-2746A, as added by 1974, ch. 147, sec. 2, p. 1362; am. 1983, ch. 38, sec. 14, p. 96.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2747 - TREASURER TO MAKE NO PROFIT — PENALTY.

67-2747. TREASURER TO MAKE NO PROFIT — PENALTY. The making of profit, directly or indirectly, by the state treasurer, out of any money in the state treasury, belonging to the state, the custody of which the state treasurer is charged with, by loaning or otherwise using it, or depositing the same in any manner contrary to law, or the removal by the state treasurer or by his consent, of such moneys, or a part thereof, out of the vault or safe of the treasurer’s department, after the same shall have been provided by the state, or out of any legal depository of such moneys, except for the payment of warrants legally drawn, or for the purpose of investing the same, or for the purpose of depositing the same, under the provisions of this chapter, in banks which shall have qualified as depositories, shall constitute a felony, and, on conviction thereof, shall subject the treasurer to imprisonment in the state penitentiary for a term not exceeding two (2) years or a fine not exceeding five thousand dollars ($5000), or to both such fine and imprisonment, and the treasurer shall be liable upon his official bond for all profits or losses realized from such unlawful use of such funds.
History:
[(67-2747) 1905, p. 305, sec. 6; am. R.C., sec. 132; reen. C.L. 13:28; C.S., sec. 328; I.C.A., sec. 65-2645; am. 1980, ch. 84, sec. 6, p. 187.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2748 - NEGLECT OF TREASURER A MISDEMEANOR — PENALTY.

67-2748. NEGLECT OF TREASURER A MISDEMEANOR — PENALTY. If the state treasurer shall willfully fail or refuse at any time to do or perform any act required of him by the state depository law, he shall be guilty of a misdemeanor, and upon conviction thereof, he shall be sentenced to pay a fine not exceeding $5000.
History:
[(67-2748) 1905, p. 305, sec. 7; reen. R.C., sec. 133; reen. C.L. 13:29; C.S., sec. 329; I.C.A., sec. 65-2646.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2749 - BRIBERY OF TREASURER A FELONY — PENALTY.

67-2749. BRIBERY OF TREASURER A FELONY — PENALTY. The offering, or giving, directly or indirectly, by any bank or depository, or by any officer or stockholder thereof, or by any other person or persons in its or their behalf, or by its or their knowledge, acquiescence or authority, or in its or their interest, to the state treasurer, of any gift, compensation, reward or inducement, with the intent or for the purpose of inducing said treasurer to deposit funds of the state in any bank contrary to any law of this state, shall constitute a felony, and shall, upon conviction thereof, subject the party or parties offending to imprisonment in the state penitentiary for a period not exceeding two (2) years, or to a fine not exceeding $5000, or to both such fine and imprisonment.
History:
[(67-2740) 1905, p. 305, sec. 8; am. R.C., sec. 134; reen. C.L. 13:30; C.S., sec. 330; I.C.A., sec. 65-2647.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2750 - SHORT TITLE.

67-2750. SHORT TITLE. This act shall be known and may be cited as the "Idaho Financial Fraud Prevention Act."
History:
[67-2750, added 2005, ch. 265, sec. 2, p. 810.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2751 - DEFINITIONS.

67-2751. DEFINITIONS. As used in sections 67-2750 through 67-2762, Idaho Code:
(1) "Act" or "Idaho Financial Fraud Prevention Act" means sections 67-2750 through 67-2762, Idaho Code.
(2) "Department" means the Idaho department of finance.
(3) "Director" means the director of the Idaho department of finance or his designee.
(4) "Financial institution" means any state or federally chartered bank, savings bank, savings and loan association, thrift institution, holding company, credit union, credit union service organization, "regulated lender" as defined in section 28-41-301, Idaho Code, collection agency licensed under the Idaho collection agency act, mortgage lender, mortgage broker, or loan originator licensed under the Idaho residential mortgage practices act, licensee under the Idaho money transmitters act, escrow agency, or broker-dealer or investment advisor licensed under the Idaho securities act or federal law, or such an institution licensed under the laws of another state, and doing business in Idaho.
(5) "Person" means a natural person, firm, partnership, association, corporation, limited liability company, limited liability partnership, trust, or any other association of individuals, however organized, and whether or not citizens or residents of this state.
History:
[67-2751, added 2005, ch. 265, sec. 3, p. 810; am. 2013, ch. 54, sec. 17, p. 124.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2752 - FINANCIAL FRAUD ILLEGAL.

67-2752. FINANCIAL FRAUD ILLEGAL. It is unlawful for any person, directly or indirectly:
(1) To employ any device, scheme or artifice to defraud a financial institution;
(2) To obtain or attempt to obtain money, funds, credits, assets, securities, or other property owned by, or under the custody or control of a financial institution by means of false or fraudulent pretenses, representations, or promises or through the use of any fraudulent device, scheme, artifice, or fraudulent monetary instrument;
(3) To falsely represent that a person is a financial institution or a representative of a financial institution, for the purpose of obtaining money, goods, or services from any person;
(4) To obtain or record or attempt to obtain or record, personal identifying information of another person without the authorization of that person, for the purpose of obtaining money, goods, or services from any person, through a false or fraudulent representation that the person doing so is a financial institution. "Personal identifying information" has the same meaning as set forth in section 18-3122(10), Idaho Code, or any successor to that section;
(5) To fraudulently make, emboss, encode, or use a financial transaction card, financial transaction card account number, personal identification code or credit card sales draft, as defined in sections 18-3122, 18-3123, 18-3124 and 18-3125A, Idaho Code, or any successors to those sections, for the purpose of obtaining money, goods, or services from any person; or
(6) While serving as an employee, agent or representative of a financial institution, to obtain or attempt to obtain the money, funds, credits, assets, securities, or other property owned by, held by, or under the custody or control of, the financial institution by means of false or fraudulent pretenses, representations, or promises or by means of any fraudulent device, scheme or artifice, or through the use of a fraudulent monetary instrument.
(7) To use in a manner likely to cause confusion or mistake or to deceive, the name, trademark, service mark, or logo of a financial institution in connection with the sale, offering for sale, distribution or advertising of any product or service without the consent of the financial institution.
History:
[67-2752, added 2005, ch. 265, sec. 4, p. 811; am. 2007, ch. 126, sec. 8, p. 380.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2753 - EMPLOYMENT OR AFFILIATION OF CERTAIN PERSONS.

67-2753. EMPLOYMENT OR AFFILIATION OF CERTAIN PERSONS. Except with the prior written consent of the director, no person who has been convicted of, or who has pled nolo contendre [contendere] to, any criminal offense involving dishonesty, breach of trust or fiduciary duty, or money laundering, or who has been granted a withheld judgment based on such offense, or who has been found to have violated this act, shall seek employment with, accept employment by, become employed by, or continue in their employment with an Idaho state chartered or licensed financial institution.
History:
[67-2753, added 2005, ch. 265, sec. 5, p. 811.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2756 - PRIVATE REMEDIES.

67-2756. PRIVATE REMEDIES. (1) In the event a financial institution indemnifies its customer for damages caused by a violation of this act, or assumes the loss caused its customer by a violation of this act, the financial institution shall be entitled to sue the violator, at law or in equity, to recover any actual damages suffered by its customer, plus costs and attorney’s fees incurred in the bringing of the action.
(2) A financial institution may bring an action to enjoin the use prohibited in section 67-2752(7), Idaho Code, and recover all damages suffered by reason of the prohibited use, including reasonable attorney’s fees. The financial institution may recover any profits derived from the prohibited use.
History:
[67-2756, added 2005, ch. 265, sec. 8, p. 814; am. 2007, ch. 126, sec. 9, p. 381.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2757 - INSTITUTION OF CRIMINAL PROCEEDINGS.

67-2757. INSTITUTION OF CRIMINAL PROCEEDINGS. The director may refer such evidence as may be available concerning violations of this act or any rule or order hereunder to the attorney general, prosecuting attorney, United States attorney, county, state or federal law enforcement agency, or foreign law enforcement agency or prosecutor. Any county prosecuting attorney, or the attorney general may, in his discretion, with or without such a referral, institute appropriate criminal proceedings under this act.
History:
[67-2757, added 2005, ch. 265, sec. 9, p. 815.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2758 - CRIMINAL PENALTIES FOR VIOLATIONS — LIMITATION OF ACTIONS.

67-2758. CRIMINAL PENALTIES FOR VIOLATIONS — LIMITATION OF ACTIONS. (1) Any person who violates any provision of this act or who violates any rule or order hereunder, shall be guilty of a felony and, upon conviction, be fined not more than five thousand dollars ($5,000) or imprisoned not more than three (3) years, or both.
(2) In the event a person violates any provision of this act or any rule or order hereunder, and accepts money under any of the circumstances described in section 67-2755(2)(b), Idaho Code, or accepts money under any of the facts described in section 67-2755(2)(c), Idaho Code, shall, upon conviction, be fined not more than ten thousand dollars ($10,000) or imprisoned not more than five (5) years for each violation, or both.
(3) No indictment or information may be returned under this act more than five (5) years after the alleged violation.
History:
[67-2758, added 2005, ch. 265, sec. 10, p. 815.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2759 - CRIMINAL PUNISHMENT UNDER THIS ACT NOT EXCLUSIVE.

67-2759. CRIMINAL PUNISHMENT UNDER THIS ACT NOT EXCLUSIVE. Nothing in this act limits the power of the state or any other law enforcement agency to proceed against and punish any person for any conduct which constitutes a crime under any applicable law, statute, code or ordinance.
History:
[67-2759, added 2005, ch. 265, sec. 11, p. 815.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2760 - JUDICIAL REVIEW OF ORDERS.

67-2760. JUDICIAL REVIEW OF ORDERS. Any person aggrieved by a final order of the director may obtain judicial review of that order pursuant to the provisions of chapter 52, title 67, Idaho Code.
History:
[67-2760, added 2005, ch. 265, sec. 12, p. 815.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2761 - ADMINISTRATION OF ACT — RULES, FORMS AND ORDERS.

67-2761. ADMINISTRATION OF ACT — RULES, FORMS AND ORDERS. The administration of the provisions of this act shall be under the general supervision and control of the director. The director may from time to time make, amend and rescind such rules, forms and orders as are necessary to carry out the provisions of this act. No rule or form may be made unless the director finds that the action is necessary or appropriate in the public interest or for the protection of financial institutions and consistent with the purposes of this act.
History:
[67-2761, added 2005, ch. 265, sec. 13, p. 816.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 27 - DEPARTMENT OF FINANCE › Section 67-2762 - ADMINISTRATIVE PUBLIC HEARINGS — EXCEPTION.

67-2762. ADMINISTRATIVE PUBLIC HEARINGS — EXCEPTION. Every hearing in an administrative proceeding shall be public unless the director in his discretion grants a request that the hearing be conducted privately.
History:
[67-2762, added 2005, ch. 265, sec. 14, p. 816.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 28 - PURCHASING BY POLITICAL SUBDIVISIONS › Section 67-2801 - LEGISLATIVE INTENT.

67-2801. LEGISLATIVE INTENT. Efficient and cost-effective procurement of goods, services and public works construction is an important aspect of local government operations. Local public agencies should endeavor to buy goods, services and public works construction by way of a publicly accountable process that respects the shared goals of economy and quality. Political subdivisions of the state shall endeavor to purchase goods and services from vendors with a significant Idaho economic presence.
History:
[67-2801, added 2005, ch. 213, sec. 37, p. 668.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 28 - PURCHASING BY POLITICAL SUBDIVISIONS › Section 67-2802 - APPLICABILITY.

67-2802. APPLICABILITY. The provisions of this chapter establish procurement requirements for all political subdivisions of the state of Idaho. The public works construction procurement process set forth in this chapter shall function in a complementary manner with the public works contractors license board and the procedures which that board administers. Any general procurement procedures set forth in this chapter shall be supplemented by the provisions of any specific statute pertaining to the awarding of any contract for the purchase or acquisition of any service, commodity or thing made expressly applicable to any particular political subdivision or by means of any additional administrative process that otherwise establishes additional express requirements. No provisions of this chapter shall be deemed to preclude the use of procurement procedures otherwise authorized by law.
History:
[67-2802, added 2005, ch. 213, sec. 37, p. 668.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 28 - PURCHASING BY POLITICAL SUBDIVISIONS › Section 67-2802A - DISCRIMINATION IN PROCUREMENT PROHIBITED.

67-2802A. DISCRIMINATION IN PROCUREMENT PROHIBITED. (1) Political subdivisions of the state of Idaho in their procurements governed by this chapter shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin unless permitted by an exception described in section 67-5909A, Idaho Code.
(2) Unless specifically required pursuant to applicable federal law or regulation, no public entity or political subdivision of the state of Idaho shall require a contractor engaged in public works construction governed by this chapter to provide a multiple-occupancy restroom, shower facility, or changing room that is owned by or under the control of the contractor on any basis other than sex, as defined in section 39-245A(3), Idaho Code.
History:
[67-2802A, added 2020, ch. 331, sec. 2, p. 964; am. 2023, ch. 144, sec. 1, p. 394.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 28 - PURCHASING BY POLITICAL SUBDIVISIONS › Section 67-2803 - EXCLUSIONS.

67-2803. EXCLUSIONS. The procurement requirements established in this chapter shall not be applicable to:
(1) The acquisition of personal property when the procurement duplicates the price and substance of a contract for like goods or services that has been competitively bid by the state of Idaho, one (1) of its political subdivisions, or an agency of the federal government;
(2) Contracts or purchases where expenditures to procure public works construction are less than fifty thousand dollars ($50,000) or where expenditures to procure services or personal property are less than seventy-five thousand dollars ($75,000), provided such contracts or purchases shall be guided by the best interests of the political subdivision procuring the goods and services as determined by the governing board;
(3) Disbursement of wages or compensation to any employee, official or agent of a political subdivision for the performance of personal services for the political subdivision;
(4) Procurement of personal or professional services to be performed by an independent contractor for the political subdivision;
(5) Procurement of an interest in real property;
(6) Procurement of insurance;
(7) Costs of participation in a joint powers agreement with other units of government;
(8) Procurement of used personal property;
(9) Procurement from federal government general services administration (GSA) schedules or federal multiple award schedules (MAS);
(10) Procurement of personal property or services through contracts entered into by the division of purchasing of the department of administration of the state of Idaho;
(11) Procurement of goods for direct resale;
(12) Procurement of travel and training;
(13) Procurement of goods and services from Idaho correctional industries;
(14) Procurement of repair for heavy equipment;
(15) Procurement of software maintenance, support and licenses of an existing system or platform that was bid in compliance with state law;
(16) Procurement of public utilities;
(17) Procurement of food for use in jails or detention facilities; or
(18) Procurement of used equipment at an auction if authorized by the governing board.
History:
[67-2803, added 2005, ch. 213, sec. 37, p. 669; am. 2009, ch. 174, sec. 1, p. 554; am. 2010, ch. 123, sec. 1, p. 269; am. 2011, ch. 320, sec. 1, p. 937; am. 2016, ch. 290, sec. 1, p. 820; am. 2017, ch. 197, sec. 4, p. 484; am. 2023, ch. 165, sec. 1, p. 444.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 28 - PURCHASING BY POLITICAL SUBDIVISIONS › Section 67-2804 - WAIVER.

67-2804. WAIVER. (1) Whenever the provisions of this chapter require a public works contractor’s license to bid upon a public construction project, such requirement shall be deemed waived whenever federal law prohibits requiring licensure as a precondition for submitting a bid.
(2) Nothing in this section shall be deemed to prohibit a political subdivision from performing construction or repair work on the political subdivision’s own facilities.
(3) Whenever this chapter provides time limits for objection or appeal, any objection or appeal not perfected within such time limitations shall be deemed to constitute a waiver of any rights to raise such objection or appeal thereafter.
History:
[67-2804, added 2005, ch. 213, sec. 37, p. 669.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 28 - PURCHASING BY POLITICAL SUBDIVISIONS › Section 67-2806A - REQUEST FOR PROPOSAL.

67-2806A. REQUEST FOR PROPOSAL. (1) A political subdivision may utilize a request for proposal process as set forth in this section as an alternative to the competitive bidding process required by section 67-2806, Idaho Code, when the political subdivision contemplates a procurement for goods or services for which:
(a) Fixed specifications might preclude the discovery of a cost-effective solution;
(b) A specific problem is amenable to several solutions; or
(c) Price is not the sole determining factor for selection.
(2) Factors that may be considered in the evaluation of vendors in a request for proposal process include, but are not limited to:
(a) An innovative solution that is offered;
(b) Unique product features;
(c) Price;
(d) Vendor experience in the market;
(e) Financial stability of a vendor;
(f) Differences among vendors in their ability to perform contract requirements in a timely or efficient manner;
(g) Ability to meet product specifications;
(h) Product quality;
(i) Product performance records;
(j) Past performance by a vendor;
(k) Future product maintenance or service requirements; and
(l) Product warranties.
(3) At a minimum, a request for proposal shall state the instructions of the process, the scope of work for the goods or services contemplated, the selection criteria, contract terms and the scoring methodology applying relative weights to factors considered.
(4) Notification, solicitation and consideration of contests concerning the award of procurement pursuant to a request for proposal shall be in accordance with the minimum requirements established in section 67-2806, Idaho Code, subject to the selection criteria established at the outset of each such procurement. Records compiled in the scoring process shall be made available for public inspection when a procurement recommendation is made to the governing board.
History:
[67-2806A, added 2017, ch. 197, sec. 7, p. 493.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 28 - PURCHASING BY POLITICAL SUBDIVISIONS › Section 67-2807 - COOPERATIVE PURCHASING.

67-2807. COOPERATIVE PURCHASING. With the approval of its governing board, a political subdivision may participate in cooperative purchasing agreements with the state of Idaho, other Idaho political subdivisions, other government entities, or associations thereof. Political subdivisions may also participate in cooperative purchasing programs established by any association that offers its goods or services as a result of competitive solicitation processes. Goods or services procured by participation in such cooperative agreements or programs shall be deemed to have been acquired in accordance with the requirements of this chapter.
History:
[67-2807, added 2019, ch. 67, sec. 2, p. 161.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 28 - PURCHASING BY POLITICAL SUBDIVISIONS › Section 67-2808 - EMERGENCY EXPENDITURES AND SOLE SOURCE EXPENDITURES.

67-2808. EMERGENCY EXPENDITURES AND SOLE SOURCE EXPENDITURES. (1) Emergency expenditures.
(a) The governing board of a political subdivision may declare that an emergency exists and that the public interest and necessity demand the immediate expenditure of public money if:
(i) There is a great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster;
(ii) It is necessary to do emergency work to prepare for the national or local defense; or
(iii) It is necessary to do emergency work to safeguard life, health, or property.
(b) Upon making the declaration of emergency, any sum required in the emergency may be expended without compliance with formal bidding procedures.
(2) Sole source expenditures.
(a) The governing board of a political subdivision may declare that there is only one (1) vendor if there is only one (1) vendor for the public works construction, services, or personal property to be acquired. For purposes of this subsection, only one (1) vendor shall refer to situations where there is only one (1) source reasonably available and shall include, but not be limited to, the following situations:
(i) Where public works construction, services, or personal property is required to respond to a life-threatening situation or a situation that is immediately detrimental to the public welfare or property;
(ii) Where the compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration;
(iii) Where a sole supplier’s item is needed for trial use or testing;
(iv) The purchase of mass-produced movies, videos, books, or other copyrighted materials;
(v) The purchase of public works construction, services, or personal property for which it is determined there is no functional equivalent;
(vi) The purchase of public utility services;
(vii) The purchase of products, merchandise, or trademarked goods for resale at a political subdivision facility; or
(viii) Where competitive solicitation is impractical, disadvantageous, or unreasonable under the circumstances.
(b) Upon making the declaration that there is only one (1) vendor for public works construction, services, or personal property, unless the public works construction, services, or personal property is required for a life-threatening situation or a situation that is immediately detrimental to the public welfare or property, notice of a sole source procurement shall be published in the official newspaper of the political subdivision at least fourteen (14) calendar days prior to the award of the contract.
(c) A sole source declaration made pursuant to the provisions of this subsection may be made without an emergency declaration under subsection (1) of this section.
History:
[67-2808, added 2005, ch. 213, sec. 37, p. 678; am. 2013, ch. 344, sec. 2, p. 928; am. 2019, ch. 115, sec. 1, p. 440.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 29 - IDAHO STATE POLICE › Section 67-2901A - AUTHORITY TO CONDUCT SAFETY INSPECTIONS AND COMPLIANCE REVIEWS OF MOTOR CARRIERS — ADOPTION OF RULES — PENALTY.

67-2901A. AUTHORITY TO CONDUCT SAFETY INSPECTIONS AND COMPLIANCE REVIEWS OF MOTOR CARRIERS — ADOPTION OF RULES — PENALTY. (1) The director of the Idaho state police shall have responsibility for ensuring that safety inspections and compliance reviews are conducted and that motor carriers are inspected for compliance with federal motor carrier safety and hazardous materials regulations and for compliance with applicable Idaho laws and such rules as are adopted pursuant to this section.
(2) The director shall have the authority and is directed to promulgate rules to provide for the safe operation of motor carriers and for the inspection of records, books, papers and documents relating to safety management systems or programs and compliance with the federal safety fitness standard. The director is further authorized to adopt temporary rules as necessary.
(3) Any person who violates or fails to comply with any rule promulgated by the director under the provisions of this section is guilty of a misdemeanor.
History:
[67-2901A, added 1999, ch. 383, sec. 19, p. 1069; am. 2000, ch. 469, sec. 5, p. 1460.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 29 - IDAHO STATE POLICE › Section 67-2902 - DIRECTOR AND DEPUTIES — POWERS OF POLICE OFFICERS.

67-2902. DIRECTOR AND DEPUTIES — POWERS OF POLICE OFFICERS. The director of the Idaho state police and persons deputized by him as state policemen are peace officers authorized to exercise within any county the same powers as the sheriff thereof.
History:
[67-2902, added 1974, ch. 27, sec. 3, p. 811; am. 2000, ch. 469, sec. 7, p. 1463.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 29 - IDAHO STATE POLICE › Section 67-2904 - ADMINISTRATOR — APPOINTMENT, TERM, SALARY.

67-2904. ADMINISTRATOR — APPOINTMENT, TERM, SALARY. The director of the Idaho state police shall appoint an administrator of the Idaho state police who shall act as a deputy director and serve at the pleasure of the director. The salary of the deputy director shall be fixed for each term by the director within the limits of any appropriation made therefor.
History:
[67-2904, added 1995, ch. 116, sec. 3, p. 390; am. 2000, ch. 469, sec. 9, p. 1463.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 29 - IDAHO STATE POLICE › Section 67-2905 - JURISDICTION.

67-2905. JURISDICTION. The jurisdiction of the director of the Idaho state police and his deputies, both regular and special, and all peace officers or other persons called into the police service of the state by him or his deputies shall be coextensive with the territory of the state of Idaho and not limited by the lines of any political or municipal subdivisions.
History:
[(67-2905) 1939, ch. 60, sec. 4, p. 105; am. 1955, ch. 173, sec. 4, p. 345; am. 1974, ch. 27, sec. 6, p. 811; am. and redesig. 1995, ch. 116, sec. 5, p. 390; am. 1999, ch. 383, sec. 21, p. 1071; am. 2000, ch. 469, sec. 10, p. 1463.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 29 - IDAHO STATE POLICE › Section 67-2906 - COOPERATION AND EXCHANGE OF INFORMATION.

67-2906. COOPERATION AND EXCHANGE OF INFORMATION. The Idaho state police shall cooperate and exchange information with any other department or authority of the state or with other police forces, both within this state and outside it, and with federal agencies to achieve greater success in preventing and detecting crimes and apprehending criminals.
History:
[(67-2906) 1939, ch. 60, sec. 7, p. 105; am. 1955, ch. 173, sec. 6, p. 345; am. and redesig. 1995, ch. 116, sec. 7, p. 391.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 29 - IDAHO STATE POLICE › Section 67-2907 - JAILORS TO RECEIVE PRISONERS FROM IDAHO STATE POLICE.

67-2907. JAILORS TO RECEIVE PRISONERS FROM IDAHO STATE POLICE. Any person having charge of a jail, prison or reformatory or other place of detention shall receive any prisoner arrested by the Idaho state police within the jurisdiction served by such jail and shall detain that prisoner in custody until otherwise ordered by a court of competent jurisdiction, or by the superintendent. Such person in charge shall have the right to refuse to receive any juvenile not being charged with a felony and not in the process of being certified as an adult, in accordance with section 20-509, Idaho Code.
History:
[(67-2907) 1939, ch. 60, sec. 9, p. 105; am. 1955, ch. 173, sec. 8, p. 345; am. 1987, ch. 216, sec. 1, p. 465; am. and redesig. 1995, ch. 116, sec. 8, p. 391; am. 2004, ch. 23, sec. 13, p. 32.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 29 - IDAHO STATE POLICE › Section 67-2908 - SALARIES AND EXPENSES — SOURCE OF PAYMENT.

67-2908. SALARIES AND EXPENSES — SOURCE OF PAYMENT. All salaries, costs of equipment, and expenses of maintaining and operating the Idaho state police shall be paid from the law enforcement fund and such other funds as are or may hereafter be appropriated for the purpose of operating and maintaining the Idaho state police.
History:
[(67-2908) 1939, ch. 60, sec. 11, p. 105; am. 1955, ch. 173, sec. 9, p. 345; am. 1983, ch. 179, sec. 6, p. 489; am. and redesig. 1995, ch. 116, sec. 10, p. 391; am. 2000, ch. 469, sec. 11, p. 1464.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 29 - IDAHO STATE POLICE › Section 67-2912 - STATE VICTIM NOTIFICATION FUND.

67-2912. STATE VICTIM NOTIFICATION FUND. (1) There is hereby established in the state treasury the state victim notification fund. Moneys in the fund shall be perpetually appropriated to, and shall be used by the director of, the Idaho state police. Moneys deposited to the fund shall be expended for the purpose of defraying the costs of administering the statewide automated victim information and notification (SAVIN) system by the Idaho sheriffs’ association for the purpose of satisfying the provisions of section 22, article I, of the constitution of the state of Idaho requiring victim notification of offender court and incarceration status. Moneys deposited to the fund shall be paid to the Idaho sheriffs’ association on a quarterly basis for the reimbursement of all costs associated with administering the SAVIN system. The director of the Idaho state police is authorized to allocate up to five percent (5%) of the moneys in the fund for reimbursement of all administrative expenses in relation to its administration of the fund. At the end of each state fiscal year, all moneys remaining in the fund after all costs for the administration of the SAVIN system have been paid, less one quarter’s operating and administrative moneys, shall be remitted to the crime victims compensation account established in section 72-1009, Idaho Code. The state treasurer shall invest all moneys in the state victim notification fund and interest and proceeds earned shall be retained in the fund. The Idaho sheriffs’ association shall provide evidence of an independent audit of the moneys received and expenditures made under this section to the Idaho state police on a yearly basis and shall be subject to audit by the Idaho state controller at the discretion of the state controller.
(2) The state victim notification fund shall be funded as provided in section 31-3204, Idaho Code.
History:
[67-2912, added 2012, ch. 114, sec. 2, p. 317.]