reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2415 - PREPARATION OF POLLING PLACE FOR ELECTION.

34-2415. PREPARATION OF POLLING PLACE FOR ELECTION. (1) The election board of each election precinct in which a voting machine is to be used shall meet at the polling place for the election precinct at least thirty (30) minutes before the time set for opening the polls. Before preparing the machine for voting, the election board shall proceed as prescribed in subsection (2) of this section.
(2) The election board shall:
(a) Cause the voting machine to be placed where it can be conveniently attended by the election board and conveniently operated by the voters and where the ballot labels on the machines can be plainly seen by the election board and the public when not being voted on.
(b) Cause the model to be placed where each voter can conveniently operate it and receive instructions on the model as to the manner of voting before entering the voting machine booth.
(c) Determine that the ballot labels are in the proper place on the machine.
(3) After performing their duties as provided in this section, the election board shall certify to the fact in the appropriate places in the poll book.
History:
[34-2415, added 1970, ch. 140, sec. 146, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2416 - PROCEDURE FOR PREPARING MACHINES FOR AN ELECTION.

34-2416. PROCEDURE FOR PREPARING MACHINES FOR AN ELECTION. (1) In preparing a voting machine for an election, the county clerk or the clerk of the city, district or other political subdivision, as the case may be, shall:
(a) Arrange the machine and the ballot labels so that it shall in every particular case meet the requirements of voting and counting at such elections.
(b) Thoroughly inspect and test the machine, and file a certificate in his office that the ballot labels have been properly arranged.
(2) The arrangement of offices and names of candidates upon the ballot labels shall conform as nearly as practicable to the provisions of law for the arrangement of names on paper ballots, and in the event that there are more candidates for any office than can be placed upon one (1) page, the labels shall be clearly marked to indicate that the names of candidates for the office are continued on the following page.
(3) Representatives of political parties and candidates shall be permitted to examine the voting machines or vote tally systems.
History:
[34-2416, added 1970, ch. 140, sec. 147, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2417 - NOTICE OF LOCATIONS OF VOTING MACHINES AND POLLING PLACES.

34-2417. NOTICE OF LOCATIONS OF VOTING MACHINES AND POLLING PLACES. Before preparing the voting machines or vote tally systems for any election, the county clerk shall mail to the chairman of the county or legislative district central committees of each political party who has notified such clerk that notice is desired, a written notice stating the time and place or places where voting machines or vote tally systems will be prepared for the election. At such times and places, one (1) representative of each political party is entitled to be present and see that the machines or vote tally systems are properly prepared and placed in proper condition and order for use at the election. In nonpartisan elections each candidate may designate one (1) representative who has the same powers as the political party representatives. The political party and candidate representatives shall certify that they have witnessed the testing and preparation of the machines or vote tally systems. The certificates shall be filed in the office of the county clerk.
History:
[34-2417, added 1970, ch. 140, sec. 148, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2418 - BALLOTS AND BALLOT LABELS.

34-2418. BALLOTS AND BALLOT LABELS. (1) The ballots and ballot labels required to be furnished for general or special elections shall be printed in black ink on clear white material of such size and arrangements as to suit the construction of the machine. The ballot labels for measures may contain a condensed statement of purpose for each measure to be voted on, accompanied by the words "Yes" and "No." The title of the offices on the ballot labels shall be printed in type as large as the space for the office will reasonably permit. Where more than one (1) candidate can be voted for an office, there shall be printed below the office title words indicating the number the voter is lawfully entitled to vote for out of the whole number of candidates, such as "Vote for Two."
(2) The ballots and ballot labels required to be furnished for primary elections may be of different colors for the political parties who are nominating or electing candidates.
(3) The "judiciary ballot" may be added to the ballot labels for the political parties. Candidates for the above offices will be shown under the general title of nonpartisan judicial candidates.
(4) When a vote tally system is used, the county clerk shall prepare the ballots as nearly as practicable as required by law.
History:
[34-2418, added 1970, ch. 140, sec. 149, p. 351; am. 1994, ch. 54, sec. 4, p. 94.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2419 - ROTATION OF NAMES OF CANDIDATES.

34-2419. ROTATION OF NAMES OF CANDIDATES. In each primary and general election when two (2) or more persons are candidates for nomination or election to the same office, the county clerk or the clerk of a city, district or other municipality in which voting machines or vote tally systems are used shall rotate the names of candidates as directed by the secretary of state.
History:
[34-2419, added 1970, ch. 140, sec. 150, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2420 - EXAMINATIONS OF FACE OF MACHINE DURING ELECTION.

34-2420. EXAMINATIONS OF FACE OF MACHINE DURING ELECTION. The election board shall occasionally examine the face of the voting machine and the ballot labels to determine that the machine and the ballot labels have not been damaged or tampered with.
History:
[34-2420, added 1970, ch. 140, sec. 151, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2421 - PROCEDURE IF A VOTING MACHINE BECOMES INOPERATIVE.

34-2421. PROCEDURE IF A VOTING MACHINE BECOMES INOPERATIVE. (1) If any voting machine used in any election precinct, during or before the time the polls are opened, becomes damaged so as to render it inoperative in whole or in part, an election board clerk immediately shall notify the election officer charged with the care of the machine.
(2) If possible, the election officer so notified shall repair the machine at once or substitute another machine for the damaged machine.
(3) If no other machine can be procured for use at the election and the damaged machine cannot be repaired in time for further use at the election, or where in the discretion of a majority of the members of the election board it is impracticable to use the machine, the election board shall permit the voters to use paper ballots prepared as in cases where paper ballots are used. The paper ballots shall be furnished to the election board by the county clerk. The paper ballots shall be issued, voted and deposited in ballot boxes in as nearly the same manner as provided by law, except that the paper ballots shall not be tallied and returned by the election board. Instead, these paper ballots shall be delivered to the county clerk for his tally and canvass.
History:
[34-2421, added 1970, ch. 140, sec. 152, p. 351; am. 1971, ch. 5, sec. 7, p. 11.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2422 - CLOSING OF POLLS — DELIVERY OF BALLOTS TO CLERK BEFORE POLLS CLOSED.

34-2422. CLOSING OF POLLS — DELIVERY OF BALLOTS TO CLERK BEFORE POLLS CLOSED. (1) At the hour for closing the polls, the election board shall declare the polls of the election closed and shall not permit any further voting. However, electors who are, at the hour of closing, within the polling room or awaiting their turn to vote shall be considered as having begun the act of voting and shall be permitted to cast their votes.
(2) At any time prior to the closing of the polls provision may be made for the delivery of voted ballots to the county clerk or the clerk of a city, district or other political subdivision for counting. If such procedure is adopted, the result of this early count shall not be released to the public until after 8:00 p.m. of election day.
History:
[I.C., sec. 34-2422 as added by 1971, ch. 5, sec. 8, p. 11.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2423 - ABSENT VOTING BY VOTING MACHINE OR PAPER BALLOT.

34-2423. ABSENT VOTING BY VOTING MACHINE OR PAPER BALLOT. The county clerk may provide that absent voting shall be either by voting machine or by marking a paper ballot or a combination of both. In any of the foregoing cases he may establish one (1) absent elector unit to handle and process absent elector ballots for each legislative district within his county and shall cause sufficient ballots of the proper kind or kinds to be provided.
Voted ballots shall be retained by the county clerk until election day when they shall be transferred to the ballot processing center and thereafter made a part of the election returns.
History:
[34-2423, added 1970, ch. 140, sec. 154, p. 351; am. 1976, ch. 73, sec. 2, p. 243.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2424 - PAPER BALLOTS USED IN CONJUNCTION WITH VOTING MACHINES.

34-2424. PAPER BALLOTS USED IN CONJUNCTION WITH VOTING MACHINES. In any election where voting machines or vote tally systems are used:
(1) Paper ballots may be used to record the electors’ votes for party offices.
(2) Paper ballots may be used to record the electors’ votes for or against municipal candidates or measures.
(3) Paper ballots which are used in conjunction with voting machines may be returned to the office of the county clerk for counting by special counting boards. Ballots so counted shall be tallied and returned by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code.
(4) Ballots or ballot cards may be returned to the office of the county clerk for counting.
(5) In the event that paper ballots are used in conjunction with voting machines or vote tally systems to record write-in votes, these paper ballots may be returned to the office of the county clerk for counting by special counting boards. Ballots so counted shall be tallied and returned by precinct or polling location for elections conducted pursuant to chapter 14, title 34, Idaho Code.
History:
[34-2424, added 1970, ch. 140, sec. 155, p. 351; am. 2012, ch. 211, sec. 14, p. 579.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2425 - PREPARATION AND DISTRIBUTION OF SAMPLE BALLOTS.

34-2425. PREPARATION AND DISTRIBUTION OF SAMPLE BALLOTS. (1) At each primary, general and special election there shall be provided as many sample ballots as the county clerk considers necessary. The sample ballots shall be prepared and distributed as provided by law.
(2) For each primary, general and special election the county clerk shall cause to be published a facsimile, except as to size, of the sample ballot required in subsection (1) of this section.
History:
[34-2425, added 1970, ch. 140, sec. 156, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2426 - EXHIBITION OF VOTING MACHINES FOR INSTRUCTION OF VOTERS.

34-2426. EXHIBITION OF VOTING MACHINES FOR INSTRUCTION OF VOTERS. (1) Before each election at which voting machines are to be used the county clerk shall place on public exhibition a suitable number of machines for the proper instruction of voters. The machines shall be arranged and equipped with ballot labels so as to best illustrate the method of voting at that election and so far as practicable, shall contain:
(a) The names of the offices to be filled.
(b) The names of the candidates to be voted for, together with their proper party designations in case of party elections.
(c) Statements of the measure to be voted on.
(2) In addition to supplying sample ballots, the county clerk shall, before the election, take reasonable additional steps to familiarize the voters with a diagram showing the face of the voting machine after the official ballot labels are arranged thereon with illustrated instructions how to vote, and with the locations of the voting machines that are on public exhibition.
(3) Before each election at which a vote tally system is to be used, the county clerk shall make every reasonable effort to acquaint the electors within his county with the ballot format and the marking system.
History:
[34-2426, added 1970, ch. 140, sec. 157, p. 351.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2427 - VOTERS WITH PHYSICAL OR OTHER DISABILITY.

34-2427. VOTERS WITH PHYSICAL OR OTHER DISABILITY. (1) The election board clerks shall instruct electors on how to record their votes on the voting machine or vote tally system, and shall give assistance to any elector who declares that he is unable by reason of physical or other disability to record his vote on the machine or vote tally system, and on request by the elector after he has entered the voting booth, shall give him the necessary information to enable him to record his vote.
(2) Any elector who, because of blindness, physical or other disability, is unable to mark his ballot shall, upon request, receive the assistance of the election board clerks or some other person chosen by the elector in the marking thereof. Such clerks or person shall ascertain the wishes of the elector and mark his ballot in accordance therewith, and shall thereafter give no information regarding such marking. Whenever an elector receives assistance in this manner, a clerk shall make a notation thereof in the combination election record and poll book following the name of the elector.
(3) If any elector, after entering the voting booth, asks for information regarding the operation of the voting machine or marking device, the election board clerks shall give him the necessary information.
History:
[34-2427, added 1970, ch. 140, sec. 158, p. 351; am. 1972, ch. 129, sec. 2, p. 257; am. 2010, ch. 235, sec. 20, p. 557; am. 2015, ch. 282, sec. 8, p. 1150.]
2023 Idaho Code › Title 34 - ELECTIONS › Chapter 24 - VOTING BY MACHINE OR VOTE TALLY SYSTEM › Section 34-2429 - VALIDATION OF ELECTIONS.

34-2429. VALIDATION OF ELECTIONS. All elections, including but not limited to bond issue elections, heretofore conducted pursuant to this chapter and all proceedings had or to be had in the authorization and issuance of the bonds authorized thereat, together with all such bonds when issued, are hereby validated, ratified and confirmed, and all such bonds when issued are declared to constitute legally binding obligations in accordance with their terms. Nothing in this section shall be construed to affect or validate any bond election, or bonds issued pursuant thereto, the legality of which are being contested at the time this act takes effect.
History:
[I.C., sec. 34-2429, as added by 1974, ch. 3, sec. 6, p. 19.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-101 - LAWFUL FENCES IN GENERAL.

35-101. LAWFUL FENCES IN GENERAL. A lawful fence, except as hereinafter provided, must be not less than four and one-half (4 1/2) feet high, and the bottom board, rail, pole or wire must not be more than twenty (20") inches above the ground, and the space between the top and bottom board, rail, pole or wire must be well divided.
History:
[(35-101) R.S., sec. 1300; reen. R.C. & C.L., sec. 1264; C.S., sec. 1956; I.C.A., sec. 34-101.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-103 - ERECTION OF PARTITION FENCES.

35-103. ERECTION OF PARTITION FENCES. When two or more persons own land adjoining which is inclosed by one (1) fence, and it becomes necessary for the protection of the rights and interests of one (1) party that a partition fence be made between them, the other or others, when notified, must proceed to erect, or cause to be erected, one-half (1/2) of such partition fence; said fence to be erected on, or as near as practicable to, the line of said land. And if, after notice given in writing, either party fails to erect and complete, within six (6) months time thereafter, one-half (1/2) of such fence, the party giving the notice may proceed to erect the entire partition fence and collect by law one-half the costs of such fence from the other party, and he has a lien upon the land thus partitioned.
History:
[(35-103) 1885, p. 118, sec. 1; R.S., sec. 1302; reen. R.C. & C.L., sec. 1266; C.S., sec. 1958; I.C.A., sec. 34-103.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-104 - CARE OF FENCES BY ADJOINING OWNERS.

35-104. CARE OF FENCES BY ADJOINING OWNERS. Each adjoining land owner, unless both otherwise agree, or unless other arrangements have heretofore been made, must construct and keep in repair that half of the line fence between their respective tracts of land that is to his left when he is standing on his own land facing the other; unless the owner of one (1) of said tracts chooses to allow his land to be uninclosed: provided, that one (1) party may, for his own convenience, strengthen, or render hog-tight, the whole or any part of said fence by stretching one (1) or more additional wires thereon or otherwise; in which event the other shall not be liable for his proportion of the additional cost. Provided further, if one (1) of the parties shall render such fence hog-tight and the other shall at any time use his field for the pasture of hogs, sheep or goats, without a herder, such other shall become liable as a joint user or owner and shall, upon demand of the party building the hog-tight fence, pay his just proportion thereof. In case viewers are appointed, as provided in section 35-106, Idaho Code, the report of such viewers must be in conformity with this section.
History:
[(35-104) 1885, p. 118, sec. 1; R.S., sec. 1303; am. 1907, p. 133, sec. 2; reen. R.C. & C.L., sec. 1267; C.S., sec. 1959; I.C.A., sec. 34-104; am. 2022, ch. 111, sec. 24, p. 385.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-105 - USE OF DIVISION FENCE IN MAKING INCLOSURE.

35-105. USE OF DIVISION FENCE IN MAKING INCLOSURE. When one (1) of such adjoining proprietors has allowed his land to lie uninclosed, and afterward incloses it, he owes and is indebted to such adjoining owner one-half (1/2) the value of any division fence owned by the other, used by him in forming such inclosure; and each must thereafter keep one-half (1/2) of such fence in repair.
History:
[(35-105) 1885, p. 118, sec. 1; R.S., sec. 1304; reen. R.C. & C.L., sec. 1268; C.S., sec. 1960; I.C.A., sec. 34-105.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-106 - DISAGREEMENT BETWEEN OWNERS — VIEWERS.

35-106. DISAGREEMENT BETWEEN OWNERS — VIEWERS. If adjoining proprietors cannot agree as to the proportion or the particular part of a division fence to be made, maintained or kept in repair by each respectively, either party may apply, on five (5) days’ notice, to a magistrate judge, for the appointment of three (3) viewers, who may examine witnesses on oath, and view the premises and must determine:
1. If the fence is owned by one (1) proprietor, how much the other must pay as his proportion of the value.
2. If the fence or the whole thereof is not built, which part thereof must afterward be built and kept in repair by each.
The determination of the viewers must be reduced to writing and signed by them, and filed in the office of the county recorder, and such determination is conclusive upon the parties. If any part of such determination consists in fixing the value of a fence for which one (1) party is to pay the other a proportion also fixed, such proportion must be paid within thirty (30) days after notice of such determination, and if not so paid, may be recovered by action in any court of competent jurisdiction. The viewers are entitled to a fee of three dollars ($3.00) each, one-half (1/2) to be paid by each proprietor.
History:
[(35-106) 1885, p. 118, sec. 1; R.S., sec. 1305; reen. R.C. & C.L., sec. 1269; C.S., sec. 1961; I.C.A., sec. 34-106; am. 2012, ch. 20, sec. 18, p. 70.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-107 - PROHIBITION AGAINST REMOVAL.

35-107. PROHIBITION AGAINST REMOVAL. When one (1) party ceases to improve his land, or open his inclosure, he must not take away any part of the partition fence belonging to him and adjoining the next inclosure, if the owner or occupant of such adjoining inclosure will, within two (2) months, after the same is ascertained, pay therefor such sum as is agreed upon by the parties, or, if failing to agree, then such sum as may be adjudged by viewers as provided in the last section; nor must such partition fence be removed when by so doing it will expose to destruction any crops in such inclosures.
History:
[(35-107) 1885, p. 118, sec. 4; am. R.S., sec. 1306; reen. R.C. & C.L., sec. 1270; C.S., sec. 1962; I.C.A., sec. 34-107.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-108 - REMOVAL OF FENCE BUILT BY MISTAKE.

35-108. REMOVAL OF FENCE BUILT BY MISTAKE. When any person has built, by mistake and in good faith, a fence on the land of another, such person or his successor in interest may, within one (1) year from the time of discovering such mistake, go upon the land of such other person and remove such fence, doing no unnecessary damage thereby.
History:
[(35-108) 1885, p. 118, sec. 5; am. R.S., sec. 1307; reen. R.C. & C.L., sec. 1271; C.S., sec. 1963; I.C.A., sec. 34-108.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-109 - RESTRICTIONS ON OCCUPANT’S RIGHT TO REMOVE FENCE.

35-109. RESTRICTIONS ON OCCUPANT’S RIGHT TO REMOVE FENCE. The occupant or owner of land whereon a fence has been built by mistake must not throw down or in any manner disturb such fence during the period that the person who built it is authorized by section 35-108, Idaho Code, to remove it, when by so doing he will expose any crop to destruction.
History:
[(35-109) 1885, p. 118, sec. 6; am. R.S., sec. 1308; reen. R.C. & C.L., sec. 1272; C.S., sec. 1964; I.C.A., sec. 34-109; am. 2022, ch. 111, sec. 25, p. 385.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-110 - SURVEY OF LINE.

35-110. SURVEY OF LINE. The person building such fence, or the occupant or owner of the land whereon the same is built, may, upon notice to the other party, whenever doubts arise about the location of such fence, procure the services of a professional land surveyor to establish the boundary line between their respective lands, and the line so established is sufficient notice to the party making the mistake, so as to require him to remove such fence within one (1) year thereafter.
History:
[(35-110) 1885, p. 118, sec. 7; am. R.S., sec. 1309; reen. R.C. & C.L., sec. 1273; C.S., sec. 1965; I.C.A., sec. 34-110; am. 1963, ch. 87, sec. 1, p. 282; am. 2002, ch. 7, sec. 1, p. 10.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-111 - REMOVAL OF PARTITION FENCE.

35-111. REMOVAL OF PARTITION FENCE. In all cases where the inclosures of two (2) or more persons are divided by a partition fence of any kind, and either of the parties thinks proper to vacate his part of such inclosure, or to make a lane of passage between such adjoining inclosures, such person is at liberty to remove his share or part of such partition fence, on giving six (6) months’ notice in writing of such intention to the party owning or occupying the adjoining inclosure, or to his agent, if such party is not a resident of the county.
History:
[(35-111) 1885, p. 118, sec. 8; am. R.S., sec. 1310; reen. R.C. & C.L., sec. 1274; C.S., sec. 1966; I.C.A., sec. 34-111.]
2023 Idaho Code › Title 35 - FENCES › Chapter 1 - FENCES IN GENERAL › Section 35-112 - ESTABLISHMENT OF GATES.

35-112. ESTABLISHMENT OF GATES. In all cases where a partition fence exists between parties, and a gate is established for passage through their lands, any other person may pass through such gate free, doing no unnecessary damage, and if any such person leave any such gate open, or does other damage to the premises, he is liable to the party aggrieved in double damages.
History:
[(35-112) 1885, p. 118, sec. 9; am. R.S., sec. 1311; reen. R.C. & C.L., sec. 1275; C.S., sec. 1967; I.C.A., sec. 34-112.]
2023 Idaho Code › Title 35 - FENCES › Chapter 3 - BARBED WIRE › Section 35-301 - CARELESS EXPOSURE OF BARBED WIRE UNLAWFUL.

35-301. CARELESS EXPOSURE OF BARBED WIRE UNLAWFUL. It shall be unlawful for any person, firm or corporation, who, having barbed wire or barbed wire fences, to allow the same to be left down or strewn around on the ground in such a manner that livestock are liable to be injured thereby: provided, however, that no person, firm or corporation shall be liable for barbed wires left down or strewn about where the same are not so exposed that there is danger of injury to animals running at large.
History:
[(35-301) 1915, ch. 123, sec. 1, p. 269; compiled and reen. C.L. 114:1; C.S., sec. 2596; I.C.A., sec. 34-301.]
2023 Idaho Code › Title 35 - FENCES › Chapter 3 - BARBED WIRE › Section 35-302 - NOTICE TO OWNER.

35-302. NOTICE TO OWNER. It shall be the duty of any person, sheriff, deputy sheriff, constable or policeman having knowledge by written notice or otherwise that any said barbed wire or barbed wire fence is so down or strewn on the ground to give notice either verbally or otherwise to such person, firm or corporation that said barbed wire or barbed wire fence is so down or strewn on the ground.
History:
[(35-302) 1915, ch. 123, sec. 2, p. 269; reen. C.L. 114:2; C.S., sec. 2597; I.C.A., sec. 34-302.]
2023 Idaho Code › Title 35 - FENCES › Chapter 3 - BARBED WIRE › Section 35-303 - OWNER’S LIABILITY AFTER NOTICE.

35-303. OWNER’S LIABILITY AFTER NOTICE. Any person, firm or corporation who, after knowing by his own knowledge or by receiving such notice as provided in section 35-302, shall fail to remove same within ten (10) days after such notice, shall be subject to the fines contained herein.
History:
[(35-303) 1915, ch. 123, sec. 3, p. 269; reen. C.L. 114:3; C.S., sec. 2598; I.C.A., sec. 34-303.]
2023 Idaho Code › Title 35 - FENCES › Chapter 3 - BARBED WIRE › Section 35-304 - PROCEDURE IN CASE OF UNKNOWN OWNER.

35-304. PROCEDURE IN CASE OF UNKNOWN OWNER. It shall be the duty of any sheriff, deputy sheriff or constable, who by personal knowledge or who otherwise knows of any barbed wire or barbed wire fence being so strewn or down as provided in section 35-301, Idaho Code, on any ranch or knows of any fence that has been abandoned, and the owner of such fence or ranch is unknown or has left the state so that notice cannot be served on such person, firm, or corporation, to take or cause to be taken up such barbed wire or barbed wire fence and sell the same at public auction to the highest bidder. The proceeds shall go to cover the expense of the removal of said barbed wire or barbed wire fence, and if there be any money left over from such sale, it shall be turned in to the county treasurer of the county wherein such fence or ranch is located.
History:
[(35-304) 1915, ch. 123, sec. 4, p. 269; reen. C.L. 114:4; C.S., sec. 2599; I.C.A., sec. 34-304; am. 2022, ch. 111, sec. 27, p. 385.]
2023 Idaho Code › Title 35 - FENCES › Chapter 3 - BARBED WIRE › Section 35-305 - PENALTY.

35-305. PENALTY. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in any sum not less than five dollars ($5.00) or more than twenty-five dollars ($25.00), in the discretion of the court.
History:
[(35-305) 1915, ch. 123, sec. 5, p. 269; reen. C.L. 114:5; C.S., sec. 2600; I.C.A., sec. 34-305.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-101 - FISH AND GAME DEPARTMENT.

36-101. FISH AND GAME DEPARTMENT. A department of fish and game is hereby established. Said department shall, for the purposes of section 20, article IV of the constitution of the state of Idaho, be an executive department of the state government. The department shall have its principal office in Ada county.
History:
[36-101, added 1976, ch. 95, sec. 2, p. 316; am. 2001, ch. 183, sec. 10, p. 619.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-103 - WILDLIFE PROPERTY OF STATE — PRESERVATION.

36-103. WILDLIFE PROPERTY OF STATE — PRESERVATION. (a) Wildlife Policy. All wildlife, including all wild animals, wild birds, and fish, within the state of Idaho, is hereby declared to be the property of the state of Idaho. It shall be preserved, protected, perpetuated, and managed. It shall be only captured or taken at such times or places, under such conditions, or by such means, or in such manner, as will preserve, protect, and perpetuate such wildlife, and provide for the citizens of this state and, as by law permitted to others, continued supplies of such wildlife for hunting, fishing and trapping.
(b) Commission to Administer Policy. Because conditions are changing and in changing affect the preservation, protection, and perpetuation of Idaho wildlife, the methods and means of administering and carrying out the state’s policy must be flexible and dependent on the ascertainment of facts which from time to time exist and fix the needs for regulation and control of fishing, hunting, trapping, and other activity relating to wildlife, and because it is inconvenient and impractical for the legislature of the state of Idaho to administer such policy, it shall be the authority, power and duty of the fish and game commission to administer and carry out the policy of the state in accordance with the provisions of the Idaho fish and game code. The commission is not authorized to change such policy but only to administer it.
History:
[36-103, added 1976, ch. 95, sec. 2, p. 317.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-104A - DRAWINGS TO AWARD CONTROLLED HUNT PERMITS — TAGS — CONTRACT WITH PRIVATE ENTITY — PROCEDURE — RULES.

36-104A. DRAWINGS TO AWARD CONTROLLED HUNT PERMITS — TAGS — CONTRACT WITH PRIVATE ENTITY — PROCEDURE — RULES. (1) The department shall contract with a private entity to conduct drawings for controlled hunt permits or tags as established by the commission. The drawings must be conducted using a computer program that awards permits and tags based on a random order of selection. The department shall solicit bids for the contract pursuant to Idaho law.
(2) The department shall:
(a) Provide to the private entity to whom a contract is awarded pursuant to the provisions of subsection (1) of this section, any applications for permits or tags, documents or other information required by the private entity to conduct the drawings; and
(b) Otherwise cooperate with the private entity in conducting the drawings;
(c) Continue to be solely responsible for enforcement and administration of all laws relating to licenses and tags.
(3) As soon as practicable after a drawing is completed, the private entity shall submit the results of the drawing to the department.
(4) The commission shall adopt rules necessary to carry out the provisions of this section.
History:
[36-104A, added 2016, ch. 103, sec. 2, p. 303.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-105 - COMMISSION ORDERS, RULES AND PROCLAMATIONS.

36-105. COMMISSION ORDERS, RULES AND PROCLAMATIONS. (1) Adoption and Publication of Rules and Orders. All rules and orders adopted pursuant to the provisions of this title shall be made in accordance with chapter 52, title 67, Idaho Code. Said rules and orders may also be given such other publicity as the commission may deem desirable.
(2) Violation of Rules, Proclamations and Orders. All rules, proclamations and orders made as herein provided shall have full force and effect as law and any person violating any such rule, proclamation or order of the commission, adopted and published as herein set forth, shall be found guilty as set forth in section 36-1401, Idaho Code.
(3) Notwithstanding any other provision of chapter 52, title 67, Idaho Code, the Idaho fish and game commission and the director of the Idaho fish and game department shall be excepted from the requirements of rulemaking when adopting, repealing, or amending any proclamation relating to setting of any season or limit on numbers, size, sex or species of wildlife classified by the commission as game animals, game birds, furbearers, migratory birds, salmon, steelhead and resident fish which may be taken in this state if:
(a) Notice of the proposed proclamation is published in the Idaho administrative bulletin and is provided in the same manner as an open meeting under section 74-204, Idaho Code;
(b) Notice is given to the director of the legislative services office for review by the germane joint subcommittee as soon as possible after adoption by the commission; and
(c) The proclamation shall be published in a pamphlet or brochure as provided in section 59-1012, Idaho Code, and distributed without charge to the public. The text of the proclamation published in a pamphlet or brochure shall be the official text of the proclamation. Judicial notice shall be taken of the proclamation pamphlet or brochure.
History:
[36-105, added 1976, ch. 95, sec. 2, p. 321; am. 1979, ch. 79, sec. 1, p. 196; am. 1991, ch. 44, sec. 1, p. 83; am. 1992, ch. 81, sec. 2, p. 225; am. 1992, ch. 263, sec. 56, p. 817; am. 1998, ch. 170, sec. 2, p. 572; am. 2015, ch. 141, sec. 75, p. 435.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-107 - FISH AND GAME ACCOUNT.

36-107. FISH AND GAME ACCOUNT. (a) The director shall promptly transmit to the state treasurer all moneys received by him, from the sale of hunting, fishing and trapping licenses, tags and permits or from any other source connected with the administration of the provisions of the Idaho fish and game code or any law or regulation for the protection of wildlife, including moneys received from the sale of predatory animal furs taken under the provisions of this chapter, and the state treasurer shall deposit all such moneys in the fish and game account, which is hereby established, reserved, set aside, appropriated in the state treasury, and made available until expended as may be directed by the commission in carrying out the purposes of the Idaho fish and game code or any law or regulation promulgated for the protection of wildlife, and shall be used for no other purpose. Pending expenditure or use, surplus moneys in the fish and game account shall be invested by the state treasurer in the manner provided for idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the account. The state controller shall annually, by August 1 of each year, transfer the sum of one hundred thousand dollars ($100,000) from the fish and game account to the University of Idaho College of Agricultural and Life Sciences, Department of Animal and Veterinary Science for disease research regarding the interaction of disease between wildlife and domestic livestock. Said moneys shall be expended on projects agreed upon by the University of Idaho College of Agricultural and Life Sciences, Department of Animal and Veterinary Science and the director of the department of fish and game.
(b) The commission shall govern the financial policies of the department and shall, as provided by law, fix the budget for the operation and maintenance of its work for each fiscal year. Said budget shall not be exceeded by the director.
(c) The sum of five dollars ($5.00) from each license authorized in sections 36-406(a) and 36-407(b), Idaho Code, which entitles a person to fish, shall be used for the construction, repair, or rehabilitation of state fish hatcheries, fishing lakes, or reservoirs or for fishing access.
(d) The department is authorized to expend up to one dollar and fifty cents ($1.50) from each resident deer and elk tag sold and five dollars ($5.00) from each nonresident deer and elk tag sold to fund the department’s big game landowner-sportsman’s relations program.
History:
[36-107, added 1976, ch. 95, sec. 2, p. 323; am. 1977, ch. 212, sec. 1, p. 580; am. 1980, ch. 88, sec. 1, p. 191; am. 1981, ch. 97, sec. 3, p. 140; am. 1984, ch. 197, sec. 1, p. 485; am. 1985, ch. 154, sec. 1, p. 411; am. 1986, ch. 294, sec. 2, p. 740; am. 1990, ch. 372, sec. 2, p. 1027; am. 1990, ch. 388, sec. 1, p. 1067; am. 1992, ch. 140, sec. 1, p. 433; am. 1994, ch. 180, sec. 56, p. 463; am. 2013, ch. 69, sec. 1, p. 167; am. 2016, ch. 57, sec. 1, p. 178; am. 2017, ch. 195, sec. 1, p. 461.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-108 - FISH AND GAME EXPENDABLE TRUST ACCOUNT.

36-108. FISH AND GAME EXPENDABLE TRUST ACCOUNT. The director may receive on behalf of the department any money or real or personal property donated, bequeathed, devised, or conditionally granted to the department. Such moneys received directly or derived from the sale of such property shall be deposited in an account in the agency asset fund to be known as the fish and game expendable trust account, which is hereby established. Moneys in the account may be appropriated to carry out the terms or conditions of such donation, bequest, devise, or grant, or in the absence of such terms or conditions, may be appropriated to the commission to expend, use, and administer such funds as advisable in the public interest and in accordance with the policies set forth in the Idaho fish and game code, and shall be used for no other purpose.
Pending such expenditure or use, surplus moneys in the fish and game expendable trust account shall be invested by the state treasurer in the manner provided for investment of idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the fish and game expendable trust account.
History:
[36-108, added 1990, ch. 388, sec. 4, p. 1069.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-109 - FISH AND GAME NONEXPENDABLE TRUST ACCOUNT.

36-109. FISH AND GAME NONEXPENDABLE TRUST ACCOUNT. The director may receive on behalf of the department any money or real or personal property donated, bequeathed, devised, or conditionally granted to the department. Such moneys received directly or derived from the sale of such property shall be deposited in an account in the agency asset fund to be known as the fish and game nonexpendable trust account, which is hereby established. The principal amount of moneys in the account are not subject to appropriation. Interest earned on investment of moneys in the account are subject to appropriation to carry out the terms or conditions of such donation, bequest, devise, or grant, and shall be used for no other purpose.
Moneys in the account shall be invested by the state treasurer in the manner provided for investment of idle state moneys in the state treasury by section 67-1210, Idaho Code. Interest received on all such investments shall be paid into the fish and game nonexpendable trust account.
History:
[36-109, added 1990, ch. 388, sec. 5, p. 1070.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-110 - FISH AND GAME FEDERAL ACCOUNT.

36-110. FISH AND GAME FEDERAL ACCOUNT. All moneys received from the federal government for the administration of any aspect of the fish and game laws of this state shall be deposited in the fish and game federal account, which is hereby established in such fund as the state controller directs.
Moneys in the fish and game federal account are subject to appropriation, and the provisions of section 67-3516, Idaho Code. Moneys in the account shall be invested by the state treasurer in the manner provided for investment of idle state moneys in the state treasury by section 67-1210, Idaho Code, if not prohibited or limited by the terms of applicable federal law or rule. Interest earned on all such investments shall be paid into the fish and game federal account.
History:
[36-110, added 1990, ch. 388, sec. 6, p. 1070; am. 1994, ch. 180, sec. 57, p. 464.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-112 - ANIMAL DAMAGE CONTROL FUND.

36-112. ANIMAL DAMAGE CONTROL FUND. The animal damage control fund is hereby established in the state treasury. Moneys in the fund are subject to appropriation to the state animal damage control board established by section 25-2612A, Idaho Code, for the control of predatory animals and birds. In addition to moneys transferred into the fund pursuant to section 36-115(c), Idaho Code, the state controller shall annually, by August 1 of each year, transfer the sum of one hundred thousand dollars ($100,000) from the fish and game fund to the animal damage control fund. The state animal damage control board in using these moneys shall follow fish and game commission direction on actions regarding predatory animals or birds forwarded by the department by the same date.
History:
[36-112, added 1990, ch. 388, sec. 8, p. 1072; am. 1994, ch. 180, sec. 58, p. 464; am. 1997, ch. 285, sec. 4, p. 870; am. 1997, ch. 288, sec. 1, p. 876; am. 2006, ch. 230, sec. 1, p. 687.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-113 - ELECTROFISHING PERMITS — WATER QUALITY DATA.

36-113. ELECTROFISHING PERMITS — WATER QUALITY DATA. The department of fish and game shall enter into an agreement with the director to grant necessary permits and licenses for electrofishing needed to accomplish water quality monitoring pursuant to chapter 36, title 39, Idaho Code. Additionally, the department of fish and game shall provide as requested by basin advisory groups created pursuant to chapter 36, title 39, Idaho Code, any information regarding the presence or absence of aquatic species listed as "threatened," "endangered" or "candidate" pursuant to the federal endangered species act, together with any special water quality requirements necessary to the recovery or maintenance of those individual species.
History:
[36-113, added 1995, ch. 352, sec. 6, p. 1182.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-116 - WOLVES — SOLICITATION FOR TRANSFER.

36-116. WOLVES — SOLICITATION FOR TRANSFER. Within thirty (30) days from the effective date of this act, the Idaho department of fish and game shall contact, in writing, all state agencies within the United States with comparable powers and duties as those vested in the department, soliciting interest in the transfer of wolves from Idaho to such agency. In the event an agency of another state requests such transfer, it shall pay to the state of Idaho an amount as determined by the department to cover costs associated with capture, transportation and any other associated administrative expenses.
History:
[36-116, added 2009, ch. 186, sec. 1, p. 608.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-120 - STATE GAME FARMS AND FISH HATCHERIES — RESTRICTIONS ON EMPLOYEES.

36-120. STATE GAME FARMS AND FISH HATCHERIES — RESTRICTIONS ON EMPLOYEES. All classified personnel employed at state game farms and state fish hatcheries shall devote their entire time to the duties of their office, and shall not engage in any manner whatever in the operation of any fish hatchery or game farm, public or private, unless so ordered by the director and they shall not be entitled to have any holding in or own any private fish ponds, lakes or streams of this state, nor shall they engage in the selling or disposal of any wildlife whatever, except in the duties of their office and as directed by said director.
History:
[(36-120) 1976, ch. 95, sec. 2, p. 324; am. and redesignated 1990, ch. 388, sec. 2, p. 1069.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-121 - SPECIAL COUNSEL FOR DEPARTMENT.

36-121. SPECIAL COUNSEL FOR DEPARTMENT. The director, with the approval of the governor, is hereby authorized to employ special counsel for the department of fish and game, and to pay reasonable attorneys’ fees and expenses of such counsel incurred in the conduct of business of the department of fish and game, or prosecution of violations thereof civilly or criminally, and such fees and expenses shall be a proper charge against the fish and game fund.
History:
[(36-121) 1976, ch. 95, sec. 2, p. 325; am. and redesignated 1990, ch. 388, sec. 3, p. 1069.]
2023 Idaho Code › Title 36 - FISH AND GAME › Chapter 1 - FISH AND GAME COMMISSION › Section 36-122 - ADVISORY COMMITTEE.

36-122. ADVISORY COMMITTEE. (a) There is hereby created the fish and game advisory committee. The committee shall consist of twelve (12) members. Six (6) members of the committee shall be appointed by the director of the department of fish and game to generally represent wildlife interests. Six (6) members of the committee shall be appointed by the director of the department of agriculture to generally represent agricultural interests. At the beginning of each odd-numbered year, the director of the department of agriculture shall appoint a chairman from among his appointees, and the director of the department of fish and game shall appoint a vice-chairman from among his appointees. At the beginning of each even-numbered year, the director of the department of fish and game shall appoint a chairman from among his appointees, and the director of the department of agriculture shall appoint a vice-chairman from among his appointees. The committee shall meet at such times as appropriate, but not less frequently than annually.
(b) All members shall be appointed to serve three (3) year terms. Appointments to fill vacancies shall be for the balance of the unexpired term. All members shall be appointed by and serve at the pleasure of the respective directors of the department of agriculture or the department of fish and game. Members shall be compensated as provided in section 59-509(b), Idaho Code, and such expenses shall be paid from the expendable big game depredation fund.
(c) The department of fish and game shall provide staff assistance and support for the committee.
(d) The committee shall have the authority to:
1. Act as a liaison between the commission, landowners, the department of agriculture, the department of fish and game, and wildlife, outdoor recreation and sportsmen’s organizations;
2. Act as an independent resource to give advice and recommendations on administration of the programs authorized in sections 36-1108 and 36-1109, Idaho Code.
History:
[36-122, added 1990, ch. 370, sec. 1, p. 1008; am. 1994, ch. 113, sec. 1, p. 260; am. 1998, ch. 178, sec. 1, p. 664; am. 2005, ch. 403, sec. 3, p. 1373.]