Chapter 1 SEAT OF GOVERNMENT
Sec.
§ 67-101. Location.
The seat of government of this state is at Boise City, in the county of Ada.
History.
1864, p. 427, § 1; R.S., § 105; am. R.C., § 22; reen. C.L., § 22; C.S., § 4; I.C.A.,§ 65-101.
STATUTORY NOTES
Cross References.
Seat of government,Idaho Const., Art. X, §§ 2 and 3.
CASE NOTES
Cited
Union Cent. Life Ins. Co. v. Rahn, 63 Idaho 243, 118 P.2d 717 (1941).
§ 67-102. Short title.
This act shall be known as the Emergency Relocation Act.
History.
1961 (E.S.), ch. 3, § 1, p. 18.
§ 67-103. Emergency temporary location of government — Declaration by governor.
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effect of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of state government at the normal location of the seat thereof in the city of Boise, Ada County, Idaho, the governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without this state as he may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to such emergency temporary location, or locations. Such emergency temporary location, or locations, shall remain as the seat of government until the legislature shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.
History.
1961 (E.S.), ch. 3, § 2, p. 18.
§ 67-104. Validity of acts performed at emergency temporary location.
During such time as the seat of government remains at such emergency temporary location, or locations, all official acts now or hereafter required by law to be performed at the seat of government by any officer, agency, department, or authority of this state, including the convening and meeting of the legislature in regular, extraordinary, or emergency session, shall be as valid and binding when performed at such emergency temporary location, or locations, as if performed at the normal location of the seat of government.
History.
1961 (E.S.), ch. 3, § 3, p. 18.
§ 67-105. Emergency temporary location of local governments.
Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the governing body of each political subdivision of this state may meet at any place within or without the territorial limits of such political subdivision on the call of the presiding officer or any two (2) members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of such political subdivision and may be within or without this state.
History.
1961 (E.S.), ch. 3, § 4, p. 18.
§ 67-106. Powers of officers of political subdivisions at emergency temporary location — Validity of acts.
During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a political subdivision of this state shall have and possess and shall exercise, at such location, or locations, all of the executive, legislative, and judicial powers and functions conferred upon such body and officers by or under the laws of this state. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.
History.
1961 (E.S.), ch. 3, § 5, p. 18.
§ 67-107. Act supreme and controlling.
The provisions of this act shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter or ordinance provision to the contrary or in conflict herewith.
History.
1961 (E.S.), ch. 3, § 6, p. 18.
STATUTORY NOTES
Compiler’s Notes.
The term “this act” refers to S.L. 1961 (E.S.), Chapter 3, which is compiled as§§ 67-102 to 67-107.
Effective Dates.
Section 7 of S.L. 1961 (E.S.), ch. 3 declared an emergency. Approved August 9, 1961.
Chapter 2 LEGISLATIVE DISTRICTS
Sec.
§ 67-201. Legislative apportionment. [Repealed.]
§ 67-202. Legislative districts — Senators elected
Representatives elected. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised I.C.,§ 67-202, as added by, 1992, ch. 13, § 2, p. 32; am. 1992, ch. 150, § 1, p. 451; am. 1994, ch. 397, § 1, p. 1255, was repealed by S.L. 2009, ch. 52, § 1.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
§ 67-202A. Legislative districts — Senators elected
Representatives elected. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised I.C.,§ 67-202A, as added by 1984, ch. 173, § 2 p. 414; am. 1984, ch. 250, § 1, p. 600, was repealed by S.L. 1992, ch. 13, § 1. Prior to the repeal, the section was found to be unconstitutional in Hellar v. Cenarrusa , 106 Idaho 586, 682 P.2d 539 (1984).
§ 67-203. Election of representatives. [Repealed.]
STATUTORY NOTES
Prior Laws.
Former§ 67-203, which comprised C.L. 4:3; C.S., § 53; I.C.A.,§ 65-203; am. 1933, ch. 75, § 1, p. 125; am. 1941, ch. 87, § 1, p. 160; am. 1951, ch. 60, § 1, p. 88; am. 1963, ch. 15, § 1, p. 149, was repealed by S.L. 1965 (E.S.), ch. 4, § 1.
Compiler’s Notes.
This section, which comprised I.C.,§ 67-203, as added by 1965 (E.S.), ch. 4, § 2, p. 19, was repealed by section 3 of S.L. 1966 (3rd E.S.), ch. 2, as added by section 5 of S.L. 1966 (3rd E.S.), ch. 3.
§ 67-204. Duty of secretary of state — Apportionment of new counties.
The secretary of state must certify to the county auditor of each county on or before the first day of April preceding a general election the number of representatives in the legislature said county will be entitled to elect at the following election. When any new county has been created, subsequent to the last general election for governor, the total vote cast for governor in the territory included in such new county and in the territory remaining in any county or counties from which said new county has been created shall be estimated by the secretary of state as nearly as possible from the election returns and the legislative apportionment figured thereon.
History.
Compiled and reen. C.L. 4:4; C.S., § 54; I.C.A.,§ 65-204.
STATUTORY NOTES
Cross References.
Secretary of state,§ 67-901 et seq.
§ 67-205. Unassigned precincts — Assignment by county commissioners.
In the event in the enactment of legislation creating legislative and representative districts for the election of senators and representatives, any election precinct has been omitted from any legislative and/or representative district or has been included in more than one legislative and/or representative district, the county commissioners of the county in which any such precinct is located are authorized and directed to make such changes as are hereinafter provided. If an omitted precinct is located entirely within a district, it shall be included in such district. If an omitted precinct borders on two (2) or more districts, it shall be included in the district which has the smaller number of registered voters. If a precinct has been included in more than one legislative or more than one representative district, it shall be removed from the district or districts which have the larger number of registered voters, provided, however, that such precinct must be contiguous with the legislative and representative district with which it is included.
History.
1966 (3rd E.S.), ch. 4, § 1, p. 15.
STATUTORY NOTES
Effective Dates.
Section 2 of S.L. 1966 (3rd E.S.), ch. 4 declared an emergency. Approved March 26, 1966.
Chapter 3 STATE OFFICERS IN GENERAL
Sec.
§ 67-301. Classification of officers.
The public officers of this state are classified as follows:
- Legislative.
- Executive.
- Judicial.
- Ministerial officers and officers of the courts.
But this classification is not to be construed as defining the legal powers of either class.
History.
R.S., § 110; reen. R.C. & C.L., § 31; C.S., § 72; I.C.A.,§ 65-301.
STATUTORY NOTES
Cross References.
Classification of power by constitution, Idaho Const., Art. II, § 1.
Contest of election of legislative and state executive officers,§ 34-2101 et seq.
Public officers in general, Title 59, Idaho Code.
CASE NOTES
Presidential Electors.
Presidential electors belong to none of the classes listed in this section. State ex rel. Spofford v. Gifford, 22 Idaho 613, 126 P. 1060 (1912).
§ 67-302. Commencement of term of office.
The regular term of office of state and district officers, and of the judges of the Supreme and district courts, shall commence on the first Monday of January next after their election.
History.
1890-1891, p. 57, § 13; am. 1899, p. 67, § 1; am. R.C., § 32; reen. C.L., § 32; C.S., § 73; I.C.A.,§ 65-302.
STATUTORY NOTES
Cross References.
Commencement of term of state executive officers, Idaho Const., Art. IV, § 1.
CASE NOTES
Cited
State ex rel. Spofford v. Gifford, 22 Idaho 613, 126 P. 1060 (1912); Tway v. Williams, 81 Idaho 1, 336 P.2d 115 (1959).
§ 67-303. Holding office after expiration of term.
Every officer elected or appointed for a fixed term shall hold office until his successor is elected or appointed and qualified, unless the statute under which he is elected or appointed expressly declares the contrary. This section shall not be construed in any way to prevent the removal or suspension of such officer, during or after his term, in cases provided by law.
History.
1890-1891, p. 57, § 172; reen. 1899, p. 67, § 5; reen. R.C. & C.L., § 32a; C.S., § 74; I.C.A.,§ 65-303.
CASE NOTES
Constitutionality.
This section is not in conflict with Idaho Const., Art. XVIII, § 6, providing for biennial election of county officers. Clark v. Wonnacott, 30 Idaho 98, 162 P. 1074 (1917).
Death Before Qualification.
Death of person elected to office before he qualifies does not constitute a vacancy in that office. Clark v. Wonnacott, 30 Idaho 98, 162 P. 1074 (1917).
General Election Not Held.
General election can be held only biennially and so, if it is not held on day fixed by law, there can be no other general election for two years thereafter. In the meantime, old officers will hold office until their successors are elected and qualified. McGrane v. Nez Perce County, 18 Idaho 714, 112 P. 312 (1910).
Watermaster.
Watermaster of irrigation project is administrative officer and holds office until his successor is elected or appointed and has qualified. Big Wood Canal Co. v. Chapman, 45 Idaho 380, 263 P. 45 (1927).
Decisions Under Prior Law
Right to Hold Over.
Right of incumbent to hold office until his successor was elected and qualified was as much a part of the estate in office as the original term. People v. Green, 1 Idaho 235 (1869).
Chapter 4 LEGISLATURE
Sec.
§ 67-401. Constitution of legislature.
The legislature consists of a senate and house of representatives, the members of which are elected from the respective senatorial and representative districts by the qualified electors of said districts.
History.
Based upon Const., art. 3, §§ 1, 2, and R.S., § 115; compiled and reen. R.C., § 33; reen. C.L., § 33; C.S., § 75; I.C.A.,§ 65-401; am. 2009, ch. 52, § 3, p. 136.
STATUTORY NOTES
Cross References.
Extra sessions to be called by governor, Idaho Const., Art. IV, § 9.
Investiture of legislative power, Idaho Const., Art. III, § 1.
Proof of proceedings of legislature,§ 9-315.
Amendments.
The 2009 amendment, by ch. 52, deleted “as defined by chapter 2 of this title” following “representative districts.”
Compiler’s Notes.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
§ 67-402. Terms of members.
The senators and representatives shall be elected for the term of two (2) years from and after the first day of December next following the general election.
History.
1890-1891, p. 57, § 14; reen. 1899, p. 67, § 2; reen. R.C. & C.L., § 34; C.S., § 76; I.C.A.,§ 65-402.
STATUTORY NOTES
Cross References.
Constitutional provisions, Idaho Const., Art. III, § 3.
Contest of election of members of legislature, jurisdiction over,§ 34-2105.
Qualifications of senators and representatives, Idaho Const., Art. III, § 6.
§ 67-403. Certificates of election.
The certificate of election is prima facie evidence of the right to membership.
History.
R.S., § 121; reen. R.C. & C.L., § 35; C.S., § 77; I.C.A.,§ 65-403.
STATUTORY NOTES
Cross References.
Issuance of certificates,§ 34-1215.
§ 67-404. Sessions of legislature.
At the hour of twelve o’clock M. on the Monday on or nearest the ninth day in January the regular session of the legislature shall be convened. The presiding officer must call the same to order and preside. Neither house must transact any business, but must adjourn from day to day, until a majority of all the members authorized by law to be elected are present. Each legislature shall have a term of two (2) years, commencing on December 1 next following the general election, and shall consist of a “First Regular Session” which shall meet in the odd-numbered years and a “Second Regular Session” which shall meet in the even-numbered years and any extraordinary session or sessions which may be called as provided by law.
History.
R.S., § 122; compiled and reen. R.C., § 36; reen. C.L., § 36; C.S., § 78; I.C.A.,§ 65-404; am. 1970, ch. 33, § 1, p. 70; am. 1975, ch. 194, § 1, p. 539; am. 1976, ch. 75, § 1, p. 246.
RESEARCH REFERENCES
ALR.
§ 67-404a. Organization of house of representatives and senate.
On the first Thursday of December in general election years, the members of the house of representatives and senate shall meet in Boise, in the capitol building or, during any renovation of the capitol building, in the building in which the legislature will hold sessions, for the purpose of organizing their respective houses. Members shall each receive compensation and expenses authorized by the citizen’s committee on legislative compensation, which shall be paid from the legislative account.
History.
1967, ch. 176, § 1, p. 588; am. 2007, ch. 41, § 1, p. 101.
STATUTORY NOTES
Cross References.
Citizens’ committee on legislative compensation, Idaho Const., Art. III, § 23 and§ 67-406a.
Legislative account,§ 67-451.
Amendments.
The 2007 amendment, by ch. 41, rewrote the section to the extent that a detailed comparison is impracticable.
Effective Dates.
Section 4 of S.L. 2007, ch. 41 declared an emergency. Approved March 2, 2007.
CASE NOTES
Construction.
In 1967, this section was passed, for the first time separating an organizational session from the regular session of the Idaho legislature; this procedure was not part of the legislative process designed by the drafters of the Idaho Constitution in 1889, and it is not helpful in analyzing the purpose of the tie breaking procedures provided in Idaho Const., Art. IV, § 13. Sweeney v. Otter, 119 Idaho 135, 804 P.2d 308 (1990).
§ 67-404b. Rules.
At the beginning of the first regular session, or at the organizational session, of each legislature, both houses shall adopt permanent rules of procedures. The rules in effect at the last regular session of the immediately preceding legislature shall serve as the temporary rules of the legislature until the adoption of permanent rules.
History.
I.C.,§ 67-404b, as added by 1970, ch. 33, § 2, p. 70.
§ 67-404c. Officers and standing committees.
- The officers of the legislature, elected or selected at the first regular session, or at the organizational session, shall serve during the term of the legislature.
- The standing committees of the legislature, when created and designated by rule of the respective house, shall be permanent standing committees and shall exist during the term of the legislature.
History.
I.C.,§ 67-404c, as added by 1970, ch. 33, § 3, p. 70.
§ 67-404d. Organization of second and extraordinary sessions.
On the day set for the assembly of the second regular session or an extraordinary session of the legislature, the presiding officer, or his successor, shall administer the oath of office to new members and proceed with the business of the house in accordance with the rules of the respective houses.
History.
I.C.,§ 67-404d, as added by 1970, ch. 33, § 4, p. 70.
§ 67-404e. Pending business.
Any business, bill or resolution pending at the final adjournment of a session shall not be carried over to the next regular or extraordinary session; provided, however, that any such bill or resolution may be reintroduced at any subsequent session of the legislature.
History.
I.C.,§ 67-404e, as added by 1970, ch. 33, § 5, p. 70.
§ 67-405. Administering of oaths to members and officers — Oaths to witnesses before committees.
The president and president pro tem, of the senate, and the speaker and speaker pro tem, of the house, may administer the oath of office to any member, and to the officers of their respective bodies. The members of any committee may administer oaths to witnesses in any matter under examination.
History.
R.S., § 123; reen. R.C. & C.L., § 37; C.S., § 79; I.C.A.,§ 65-405.
§ 67-406. Compensation and mileage of members of legislature.
Each member of the legislature shall receive for his services compensation and expenses in accordance with rates established by the citizens’ committee on legislative compensation authorized in section 67-406b, Idaho Code.
History.
1921, ch. 4, § 1, p. 6;§ 65-406; am. 1947, ch. 2, § 1, p. 4; am. 2009, ch. 52, § 4, p. 136.
STATUTORY NOTES
Amendments.
The 2009 amendment, by ch. 52, rewrote the section, deleting archaic language and providing correct terminology.
Compiler’s Notes.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
Effective Dates.
Section 3 of S.L. 1921, ch. 4 declared an emergency. Approved January 19, 1921.
Section 2 of S.L. 1947, ch. 2 declared an emergency. Approved January 9, 1947.
CASE NOTES
Constitutional Provision.
The original state constitution contained no provision granting the members of the legislature the right to be reimbursed by the state for their expenses for subsistence and lodging while in the service of the state. Peck v. State, 63 Idaho 375, 120 P.2d 820 (1941).
§ 67-406a. Citizens’ committee on legislative compensation — Members — Appointment — Terms — Election of chairman.
There is hereby established the citizens’ committee on legislative compensation, to consist of three (3) members appointed by the governor and three (3) members appointed by the supreme court. Members of the committee shall be residents of the state of Idaho and shall be appointed from the public and without regard to political affiliation. No one may be appointed to the committee who is an official or employee of the state of Idaho or any department, agency, or political subdivision thereof or who is an official or employee of any county, municipality or other unit of local government or of any agency or institution to which any state funds are appropriated.
Of the members of the committee first to be appointed, one (1) appointee each of the governor and the supreme court shall be appointed for a term of two (2) years, one (1) appointee each of the governor and the supreme court shall be appointed for a term of three (3) years, and one (1) appointee each of the governor and the supreme court shall be appointed for a term of four (4) years, commencing July 1, 1967. Thereafter, all members of the committee shall be appointed for a four (4) year term, commencing July 1st. Vacancies shall be filled in the same manner as the original appointments and for the balance of the unexpired term. The committee shall elect one (1) of its members chairman, and members of the committee shall be compensated as provided by section 59-509(b), Idaho Code, which expenses shall be paid from the moneys appropriated for the operation of the legislature.
History.
1967, ch. 303, § 1, p. 861; am. 1976, ch. 286, § 1, p. 987; am. 1980, ch. 247, § 81, p. 582.
§ 67-406b. Compensation and expenses.
No member of the legislature of the state of Idaho shall receive any compensation for services rendered or expenses incurred as a legislator, except as set by the committee.
The committee shall, on or before November 30, 1976, establish the rate of compensation and expenses for services to be rendered by members of the legislature during the two (2) year period commencing on December 1, 1976. The compensation and expenses so established shall, on or before such date, be filed with the secretary of state and the state controller. The rates thus established shall be the rates applicable for the two (2) year period specified unless prior to the twenty-fifth legislative day of the regular 1977 legislative session, by concurrent resolution, the senate and house of representatives shall reject said rates of compensation and expenses and declare the same to be inoperative.
Thereafter the committee shall on or before the last day of November of each even numbered year, establish the rate of compensation and expenses for services to be rendered by members of the legislature during the two (2) year period commencing on the first day of December of such year. The compensation and expenses so established shall, on or before such date, be filed with the secretary of state and the state controller. The rates thus established shall be the rates applicable for the two (2) year period specified unless prior to the twenty-fifth legislative day of the next regular biennial session, by concurrent resolution, the senate and house of representatives shall reject said rates of compensation and expenses and declare the same to be inoperative.
History.
1967, ch. 303, § 2, p. 861; am. 1976, ch. 286, § 2, p. 987; am. 1994, ch. 180, § 166, p. 420.
STATUTORY NOTES
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.” Since the constitutional amendment was adopted, the amendment of this section by Laws 1994, ch. 180, § 166 was effective January 2, 1995.
§ 67-406c. Secretarial and other assistance. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised 1967, ch. 303, § 3, p. 861; am. 1976, ch. 286, § 3, p. 987, was repealed by S.L. 2009, ch. 52, § 1.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
§ 67-407. Attendance of witness — Subpoena.
A subpoena requiring the attendance of any witness or the production of any papers or other materials before either house of the legislature, or a committee of the legislature, may be issued by the president or president pro tempore of the senate, speaker of the house, or the chairman of any committee before whom the attendance of the witness or the production of papers or other materials is desired. The subpoena must:
- State whether the proceeding is before the senate or house, or a committee;
- Be addressed to the witness, and name with particularity the papers or other materials to be produced by the witness, if papers and materials are requested;
- Require the attendance of the witness or the production of such papers or other materials by the witness at a time and place certain to be shown on the subpoena;
- Be signed by the president or president pro tempore of the senate, speaker of the house, or the chairman of a committee; and
- Inform the witness that the witness will be paid mileage, meals and lodging, if necessary, or otherwise provided necessary transportation, meals or lodging for attendance. Any witness subpoenaed under this section shall be entitled to necessary mileage, meals and lodging at the rates established by the state board of examiners pursuant to section 67-2008, Idaho Code, for official travel for state officers and employees, to be paid from the legislative account if other transportation, meals and lodging are not tendered for the witness’s attendance.
History.
R.S., § 145; am. R.C., § 58; reen. C.L., § 58; C.S., § 99; I.C.A.,§ 65-407; am. 1995, ch. 232, § 1, p. 787.
§ 67-408. Attendance of witnesses — Service of subpoenas.
The subpoena may be served by the sheriff of any county in which the subpoenaed person may be found or by any person authorized to serve process of courts of record, and the affidavit of the person serving the subpoena that he delivered a copy to the witness is evidence of service.
History.
R.S., § 146; reen. C.L. & C.L., § 59; C.S., § 100; I.C.A.,§ 65-408; am. 1995, ch. 232, § 2, p. 787.
§ 67-409. Attendance of witnesses — Refusal to obey subpoena a contempt.
If any witness neglects or refuses to obey such subpoena, or appearing, refuses to testify, or produce the subpoenaed documents or other materials, the senate or house may, by resolution entered on the journal, cite the witness for contempt. It shall be the duty of the district court, upon application of the presiding officer of the house resolving to cite the witness for contempt, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or the refusal to testify or produce documents or other materials in court.
History.
R.S., § 147; am. R.C., § 60; reen. C.L., § 60; C.S., § 101; I.C.A.,§ 65-409; am. 1995, ch. 232, § 3, p. 787.
STATUTORY NOTES
Cross References.
Contempt,§ 7-601 et seq.
§ 67-410. Witnesses — Compelling attendance.
Any witness neglecting or refusing to attend in obedience to a subpoena issued under sections 67-407 through 67-410, Idaho Code, may at the written direction of the president or president pro tempore of the senate or the speaker of the house of representatives be arrested by the sergeant-at-arms, a sheriff or such other person designated in writing and brought before the senate or house. The only warrant of authority necessary to authorize such arrest is a copy of a resolution of the senate or house citing the person for contempt, signed by the presiding officer, and countersigned by the clerk, and the written authorization for arrest signed by the arresting officer.
History.
R.S., § 148; am. R.C., § 61; reen. C.L., § 61; C.S., § 102; I.C.A.,§ 65-410; am. 1995, ch. 232, § 4, p. 787.
STATUTORY NOTES
Effective Dates.
Section 7 of S.L. 1995, ch. 232 declared an emergency. Approved March 20, 1995.
§ 67-411. Witnesses — Self-criminating testimony may be exacted.
No statement made by any such witness on such examination before either house, or a committee, is competent evidence in any criminal proceeding against such witness; nor can such witness refuse to testify to any fact or to produce any paper, touching which he is examined, for the reason that his testimony or the production of such paper may tend to disgrace him, or render him infamous. Nothing in this section exempts any witness from prosecution and punishment for perjury committed by him on such examination.
History.
R.S., § 149; reen. R.C. & C.L., § 62; C.S., § 103; I.C.A.,§ 65-411.
STATUTORY NOTES
Cross References.
Perjury,§ 18-5401 et seq.
§ 67-411A. Taking and recording testimony under oath.
Whenever conducting legislative business, a committee may require that testimony be given under oath, which may be administered by the chairman or by a person authorized by law to administer oaths, and may require that the testimony be recorded by an official court reporter or by some other competent person, under oath, which report when written, certified and approved by the person as being the direct transcript of the testimony, proceedings or documents shall be prima facie a correct statement of the testimony and proceedings provided that the person’s signature to the certificate shall be duly acknowledged by him before a notary public. Any person who takes an oath pursuant to this section who states as true any material matter which he knows to be false is guilty of perjury and shall be punished pursuant to chapter 54, title 18, Idaho Code.
History.
I.C.,§ 67-411A, as added by 1995, ch. 232, § 6, p. 787.
STATUTORY NOTES
Effective Dates.
Section 7 of S.L. 1995, ch. 232 declared an emergency. Approved March 20, 1995.
§ 67-412. Designating qualified substitute when legislator temporarily unable to perform duties.
- In the event that a legislator is temporarily unable to perform the duties of his office, the legislator may designate a qualified person to succeed to the powers and duties, but not the office, of the legislator until the incumbent legislator is able to resume performance of his duties or a vacancy occurs in the office. If a legislator appoints a temporary successor, that person shall be designated or serve as a temporary substitute only if the person is qualified, under the Idaho constitution and statutes, to hold the office of the legislator to whose powers and duties the person is designated to succeed, which shall be verified by the legislator.
- In the event of an attack, as defined in section 67-415, Idaho Code, the provisions of the emergency interim legislative succession act shall apply.
History.
I.C.,§ 67-412, as added by 2014, ch. 348, § 1, p. 869.
STATUTORY NOTES
Cross References.
Emergency interim legislative succession act,§ 67-413 et seq.
Prior Laws.
Former§ 67-412, Allowance for members, which comprised 1951, ch. 94, § 1, p. 184; am. 1957, ch. 135, § 1, p. 228; am. 1965, ch. 5, § 1, p. 7; am. 1969, ch. 56, § 2, p. 194; Init. Measure 1970, No. 1; am. 1971, ch. 89, § 1, p. 191; am. 1973, ch. 298, § 1, p. 628; am. 1975, ch. 183, § 1, p. 500; am. 1976, ch. 110, § 1, p. 436; am. 2003, ch. 32, § 35, p. 115, was repealed by S.L. 2009, ch. 52, § 1.
§ 67-412A. Compensation of legislators when not in session. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised I.C.,§ 67-412A, as added by S.L. 1967, ch. 427, § 1, p. 1243; am. 1967 (1st E.S.), ch. 1, § 1, p. 7; am. 1969, ch. 56, § 3, p. 194, was repealed by Initiated Measure No. 1, approved by the voters at the November 3, 1970 election by 132,511 to 91,372.
§ 67-413. Short title.
This act shall be known as the “Emergency Interim Legislative Succession Act.”
History.
1961 (E.S.), ch. 4, § 1, p. 20.
STATUTORY NOTES
Compiler’s Notes.
The term “this act” refers to S.L. 1961 (E.S.), Chapter 4, which is compiled as§§ 67-413 to 67-423 and 67-424 to 67-426.
§ 67-414. Declaration of policy.
The legislature declares: (1) That recent technological developments make possible an enemy attack of unprecedented destructiveness, which may result in the death or inability to act of a large proportion of the membership of the legislature; (2) That to conform in time of attack to existing legal requirements pertaining to the legislature would be impracticable, would admit of undue delay, and would jeopardize continuity of operation of a legally constituted legislature; and (3) That it is therefore necessary to adopt special provisions as hereinafter set out for the effective operation of the legislature.
History.
1961 (E.S.), ch. 4, § 2, p. 20.
§ 67-415. Definitions.
As used in this act:
- “Attack” means any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or methods.
- “Unavailable” means absent from the place of session (other than on official business of the legislature), or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a legislator, whether or not such absence or inability would give rise to a vacancy under existing constitutional or statutory provisions.
History.
1961 (E.S.), ch. 4, § 3, p. 20.
STATUTORY NOTES
Compiler’s Notes.
The term “this act” in the introductory paragraph refers to S.L. 1961 (E.S.), Chapter 4, which is compiled as§§ 67-413 to 67-423 and 67-424 to 67-426.
The words enclosed in parentheses so appeared in the law as enacted.
§ 67-416. Designation of emergency interim successors to legislators.
Each legislator shall designate not fewer than three (3) or more than seven (7) emergency interim successors to his powers and duties and specify their order of succession. Each legislator shall review and, as necessary, promptly revise the designations of emergency interim successors to his powers and duties to insure that [at] all times there are at least three (3) such qualified emergency interim successors.
History.
1961 (E.S.), ch. 4, § 4, p. 20.
STATUTORY NOTES
Compiler’s Notes.
The bracketed insertion near the end of the section was added by the compiler to supply a missing term.
§ 67-417. Status, qualifications and term of emergency interim successors.
An emergency interim successor is one who is designated for possible temporary succession to the powers and duties, but not the office, of a legislator. No person shall be designated or serve as an emergency interim successor unless he may under the constitution and statutes hold the office of the legislator to whose powers and duties he is designated to succeed. But no constitutional or statutory provision prohibiting a legislator from holding another office or prohibiting the holder of another office from being a legislator shall be applicable to an emergency interim successor. An emergency interim successor shall serve at the pleasure of the legislator designating him or of any subsequent incumbent of the legislative office.
History.
1961 (E.S.), ch. 4, § 5, p. 20.
§ 67-418. Contingent method of designating emergency interim successors.
Prior to an attack, if a legislator fails to designate the required minimum number of emergency interim successors within thirty (30) days following the effective date of the act or, after such period, if for any reason the number of emergency interim successors for any legislator falls below the required minimum and remains below such minimum for a period of thirty (30) days, then the party leader of the same political party in the same house as such legislator shall promptly designate as many emergency interim successors as are required to achieve such minimum number. But the party leader shall not assign to any of his designees a rank in order of succession higher than that of any remaining emergency interim successor previously designated by a legislator for succession to his own powers and duties. Each emergency interim successor designated by a party leader shall serve at the pleasure of the person designating him, but the legislator for whom the emergency interim successor is designated or any subsequent incumbent of his office may change the rank in order of succession or replace at his pleasure any emergency interim successor so designated.
History.
1961 (E.S.), ch. 4, § 6, p. 20.
STATUTORY NOTES
Compiler’s Notes.
The phrase “the effective date of the act” in the first sentence means the effective date of Laws 1961 (E.S.), Chapter 4, which became effective August 1, 1961.
§ 67-419. Recording and publication.
Each designation of an emergency interim successor shall become effective when the legislator or party leader making the designation files with the secretary of state the successor’s name, address and rank in order of succession. The removal of an emergency interim successor or change in order of succession shall become effective when the legislator or party leader so acting files this information with the secretary of state. All such data shall be open to public inspection. The secretary of state shall inform the governor, the Idaho office of emergency management, the presiding officer of the house concerned and all emergency interim successors of all such designations, removals and changes in order of succession.
History.
1961 (E.S.), ch. 4, § 7, p. 20; am. 2020, ch. 49, § 1, p. 115.
STATUTORY NOTES
Cross References.
Secretary of state,§ 67-901 et seq.
Amendments.
The 2020 amendment, by ch. 49, substituted “Idaho office of emergency management” for “department of disaster relief and civil defense” in the current last sentence and deleted the former last sentence, which read: “The presiding officer of each house shall cause to be entered all information regarding emergency interim successors for the house in its public journal at the beginning of each legislative session and shall cause to be entered all changes in membership or order of succession as soon as possible after their occurrence.”
§ 67-420. Oath of emergency interim successors.
Promptly after designation each emergency interim successor shall take the oath required for the legislator to whose powers and duties he is designated to succeed. No other oath shall be required.
History.
1961 (E.S.), ch. 4, § 8, p. 20.
§ 67-421. Duty of emergency interim successors.
Each emergency interim successor shall keep himself generally informed as to the duties, procedures, practices and current business of the legislature, and each legislator shall assist his emergency interim successor to keep themselves so informed.
History.
1961 (E.S.), ch. 4, § 9, p. 20.
§ 67-422. Convening of legislature in event of attack.
In the event of an attack, the governor shall call the legislature into session as soon as practicable, and in any case within ninety (90) days following the inception of the attack. If the governor fails to issue such call, the legislature shall, on the ninetieth day from the date of inception of the attack, automatically convene at the place where the governor then has his office. Each legislator and each emergency interim successor, unless he is certain that the legislator to whose powers and duties he is designated to succeed or any emergency interim successor higher in order of succession will not be available [unavailable], shall proceed to the place of session as expeditiously as practicable. At such session or at any session in operation at the inception of the attack, and at subsequent sessions, limitations on the length of session and on the subjects which may be acted upon shall be suspended.
History.
1961 (E.S.), ch. 4, § 10, p. 20.
STATUTORY NOTES
Compiler’s Notes.
The bracketed word “unavailable” in the third sentence was inserted by the compiler as that seems to be the intended term. See§ 67-415 for definition of “unavailable”.
§ 67-423. Assumption of powers and duties of legislator by emergency interim successor.
If in the event of an attack a legislator is unavailable, his emergency interim successor highest in order of succession who is not unavailable shall, except for the power and duty to appoint emergency successors, exercise the powers and assume the duties of such legislator. An emergency interim successor shall exercise these powers and assume these duties until the incumbent legislator, an emergency interim successor higher in order of succession, or a legislator appointed or elected and legally qualified can act. Each house of the legislature shall, in accordance with its own rules, determine who is entitled under the provisions of this act to exercise the powers and assume the duties of its members. All constitutional and statutory provisions pertaining to ouster of a legislator shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a legislator.
History.
1961 (E.S.), ch. 4, § 11, p. 20.
STATUTORY NOTES
Compiler’s Notes.
The term “this act” in the third sentence refers to S.L. 1961 (E.S.), Chapter 4, which is compiled as§§ 67-413 to 67-423 and 67-424 to 67-426.
§ 67-423A. Assumption of powers and duties of legislator by emergency interim successor.
If in the event a legislator dies or resigns the office, the legislator’s emergency interim successor highest in order of succession who is not unavailable shall, except for the power and duty to appoint emergency successors, exercise the powers and assume the duties of such legislator. An emergency interim successor shall exercise these powers and assume these duties until an emergency interim successor higher in order of succession, or a replacement legislator appointed pursuant to section 59-904A, Idaho Code, and legally qualified can act. Each house of the legislature shall, in accordance with its own rules, determine who is entitled under the provisions of this chapter to exercise the powers and assume the duties of its members. All constitutional and statutory provisions pertaining to ouster of a legislator shall be applicable to an emergency interim successor who is exercising the powers and assuming the duties of a legislator.
History.
I.C.,§ 67-423A, as added by 1999, ch. 297, § 1, p. 745; am. 2006, ch. 34, § 1, p. 98.
STATUTORY NOTES
Amendments.
The 2006 amendment, by ch. 34, deleted “in the event of death” from the end of the section heading, substituted “dies or resigns the office, the legislator’s” for “dies, his” near the beginning of the first sentence, and substituted “this chapter” for “this act” in the next-to-the-last sentence.
Effective Dates.
Section 2 of S.L. 1999, ch. 297 declared an emergency. Approved March 24, 1999.
§ 67-424. Privileges, immunities and compensation of emergency interim successors.
When an emergency interim successor exercises the powers and assumes the duties of a legislator, he shall be accorded the privileges and immunities, compensation, allowances and other perquisites of office to which a legislator is entitled. In the event of an attack, each emergency interim successor, whether or not called upon to exercise the powers and assume the duties of a legislator, shall be accorded the privileges and immunities of a legislator while traveling to and from a place of session and shall be compensated for his travel in the same manner and amount as a legislator. This section shall not in any way affect the privileges, immunities, compensation, allowances or other perquisites of the office of an incumbent legislator.
History.
1961 (E.S.), ch. 4, § 12, p. 20.
§ 67-425. Quorum and vote requirements.
In the event of an attack, (1) quorum requirements for the legislature shall be suspended, and (2) where the affirmative vote of a specified proportion of members for approval of a bill, resolution or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.
History.
1961 (E.S.), ch. 4, § 13, p. 20.
§ 67-426. Termination of operation of provisions of this act.
The authority of emergency interim successors to succeed to the powers and duties of legislators, and the operation of the provisions of this act relating to quorum, the number of affirmative votes required for legislative action, and limitations on the length of sessions and the subjects which may be acted upon, shall expire two (2) years following the inception of an attack, but nothing herein shall prevent the resumption before such time of the filling of legislative vacancies and the calling of elections for the legislature in accordance with applicable constitutional and statutory provisions. The governor, acting by proclamation, or the legislature, acting by concurrent resolution, may from time to time extend or restore such authority or the operation of any of such provisions upon a finding that events render the extension or restoration necessary, but no extension or restoration shall be for a period of more than one (1) year.
History.
1961 (E.S.), ch. 4, § 14, p. 20.
STATUTORY NOTES
Compiler’s Notes.
The term “this act” in the first sentence refers to S.L. 1961 (E.S.), Chapter 4, which is compiled as§§ 67-413 to 67-423 and 67-424 to 67-426.
Section 15 of S.L. 1961 (E.S.), ch. 4 read: “If a part of this act is invalid, all valid parts that are separable from the invalid part remain in effect. If a part of this act is invalid in one or more of its applications, the part remains in effect in all valid applications that are separable from the invalid applications.”
Effective Dates.
Section 16 of S.L. 1961 (E.S.), ch. 4 declared an emergency. Approved August 9, 1961.
§ 67-427. Legislative council created — Members — Terms — Vacancy.
There is hereby created a legislative council which shall consist of the president pro tempore of the senate, the speaker of the house of representatives, the majority and minority floor leaders of each house, two (2) senators to be selected by the members of the majority party in the senate, two (2) senators to be selected by the members of the minority party in the senate, two (2) representatives to be selected by the members of the majority party in the house of representatives and two (2) representatives to be selected by the members of the minority party in the house of representatives. The council shall meet at least two (2) times each year or as may be necessary as provided for in section 67-430, Idaho Code. Members of the council shall hold office for two (2) years concurrent with the first and second regular sessions of the legislature until the organization of the council during the following first regular session. The legislative council shall appoint members to fill any vacancies that occur during the interim. Provided however, that any member so appointed shall be from the same house and the same political party as the member whose seat was vacated. Such member shall serve until the next regular legislative session. During the next regular legislative session, the members of the same house and the same political party as the member whose seat was vacated shall elect a member to fill the vacancy for the unexpired term of his predecessor.
History.
1963, ch. 57, § 1, p. 222; am. 1967, ch. 365, § 1, p. 1054; am. 2014, ch. 123, § 1, p. 353.
STATUTORY NOTES
Amendments.
The 2014 amendment, by ch. 123, substituted “at least two (2) times each year or as may be necessary as provided for in section 67-430, Idaho Code” for “as soon as practicable during each regular biennial session following the selection of all members of the council” in the second sentence; inserted “for two (2) years concurrent with the first and second regular sessions of the legislature” and substituted “first regular session” for “regular biennial session” in the third sentence; and substituted the last four sentences for the former last sentence, relating to vacancies on the council.
RESEARCH REFERENCES
Idaho Law Review.
Idaho Law Review. — Idaho Administrative Law: A Primer for Students and Practitioners, Richard Henry Seamon. 51 Idaho L. Rev. 421 (2015).
§ 67-428. Officers of council — Committees — Director of legislative services.
The president pro tempore of the senate and the speaker of the house of representatives shall serve as cochairmen of the council. The council may adopt its own rules of procedure and appoint such committees as may be necessary for the proper and efficient performance of its duties. Committees shall consist of members of the council and other members of the legislature. The council shall appoint a director of legislative services, who shall serve at the pleasure of the council, and the council may employ such other employees and engage the services of such persons and agencies as may be necessary or desirable in the performance of its duties.
History.
1963, ch. 57, § 2, p. 222; am. 1967, ch. 365, § 2, p. 1054; am. 1996, ch. 159, § 1, p. 502; am. 2009, ch. 52, § 5, p. 136; am. 2014, ch. 123, § 2, p. 353.
STATUTORY NOTES
Cross References.
Legislative services office,§ 67-701 et seq.
Amendments.
The 2009 amendment, by ch. 52, deleted the former last sentence, which read: “The director of legislative services and other employees shall serve at the pleasure of the council and each shall be paid a salary to be fixed by council”; and in the present last sentence, inserted “who shall serve at the pleasure of the council.”
The 2014 amendment, by ch. 123, rewrote the former first and second sentences, which read: “The council shall select a chairman and a vice-chairman, one of whom shall be a senator and the other a representative and it shall adopt its own rules of procedure. The council shall appoint such committees as may be necessary for the proper and efficient performance of its duties”.
Compiler’s Notes.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
RESEARCH REFERENCES
Idaho Law Review.
Idaho Law Review. — Idaho Administrative Law: A Primer for Students and Practitioners, Richard Henry Seamon. 51 Idaho L. Rev. 421 (2015).
§ 67-429. Powers and duties.
- It shall be the duty of the council to collect and compile information, to draft bills and to conduct research upon any subject which the legislature may authorize or direct or upon any subject which it may determine, provided that all activities of the council must be reasonably related to a legislative purpose. The legislature may make specific assignments to the council by a concurrent resolution approved by both houses.
- The council may hold public hearings and it may authorize or direct any of its committees to hold public hearings on any matters within the jurisdiction of the council.
- For the purpose of conducting any study within the jurisdiction of the council, by resolution adopted by the affirmative vote of two-thirds (2/3) of the entire membership of the council, the chairman of the council may subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence or other documents or records which the council deems relevant or material to any matter on which the council or any committee is conducting a study.
- It shall be the duty of the council to superintend and administer the legislative space in the capitol building at all times, and to prepare such space when required for the sessions of the legislature, which shall include the provision of furniture and equipment.
- The legislative council shall review and make recommendations to the administrator of the division of human resources on all aspects of the state personnel system, including policies, wages and salaries.
- The council shall release audit reports prepared by the legislative audits division of the legislative services office as provided in section 67-435, Idaho Code.
History.
1963, ch. 57, § 3, p. 222; am. 1967, ch. 365, § 3, p. 1054; am. 1977, ch. 306, § 1, p. 855; am. 1986, ch. 134, § 8, p. 355; am. 1993, ch. 327, § 2, p. 1186; am. 1994, ch. 180, § 167, p. 420; am. 1994, ch. 181, § 4, p. 575; am. 1999, ch. 370, § 18, p. 976; am. 2009, ch. 52, § 6, p. 136.
STATUTORY NOTES
Cross References.
Administrator of division of human resources,§ 67-5308.
Legislative Intent.
Section 1 of S.L. 1993, ch. 327 read: “The purpose of this act is to modernize the provision of professional staff services to the legislature, to provide a performance evaluation function within the legislative branch of government, to provide legislative committees and legislators with professional staff support, to increase communication and efficiency and enhance productivity within the legislative branch of government of this state.”
Amendments.
This section was amended by two 1994 acts which appear to be compatible and have been compiled together.
The 1994 amendment, by ch. 180, § 167, in subdivision (13)(d), substituted “state controller, director of the department of finance” for “state auditor, state commissioner of finance”; and in subdivision (13)(i), substituted “state controller” for “state auditor” in the last sentence.
The 1994 amendment, by ch. 181, § 4, in the introductory paragraph of subsection (13), inserted “and commencing for fiscal year 1995 and each year thereafter shall provide for an annual statewide financial audit of the statewide annual financial report prepared by the state controller”; in subdivision (13)(d), substituted “state controller, director of the department of finance” for “state auditor, state commissioner of finance”; and in subdivision (13)(i), substituted “state controller” for “state auditor” in the last sentence.
The 2009 amendment, by ch. 52, deleted subsection (3), which read: “The council shall establish and maintain a legislative reference library” and redesignated the subsequent subsections accordingly; added subsection (6); and deleted subsections (7) through (13), dealing with powers and duties of the legislative council.
Compiler’s Notes.
Section 41 of S.L. 1993, ch. 327 read: “All employees employed by the Joint Senate Finance-House Appropriations Committee, the Legislative Auditor or Legislative Budget Office on June 30, 1993, shall be transferred to the Legislative Council and shall be deemed to be employees of the Legislative Council on July 1, 1993. All moneys which have been appropriated to and been encumbered by the Joint Senate Finance-House Appropriations Committee, the Legislative Budget Office and the Legislative Auditor on June 30, 1993, shall be transferred to the Legislative Council and shall be deemed to be encumbered by that body. All moneys appropriated to the Joint Senate Finance-House Appropriations Committee for the Legislative Auditor and the Legislative Budget Office are deemed appropriated to the Legislative Council for the same period and purpose.”
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.” The constitutional amendment, changing the name of the state auditor to the state controller, was approved by the electorate at the November 1994 general election, making the amendments of this section by S.L. 1994, ch. 180 and S.L. 1994, ch. 181, effective January 2, 1995.
§ 67-429A. State-tribal gaming compacts.
- The governor or his designee may represent the state of Idaho in any gaming negotiations the state is requested to participate in pursuant to 25 U.S.C. section 2701 et seq. The director of legislative services or his designee may attend all negotiations pursuant to this section as an observer and shall brief the membership of the legislative council on the status of the negotiations.
-
The state may enter into those gaming compacts negotiated with Indian tribes pursuant to this section provided:
- The compact only authorizes an Indian tribe to conduct those forms of gaming authorized by Idaho law;
- The compact does not obligate the state of Idaho to appropriate state funds; and
- The governor serves a copy of the compact on each member of the legislative council at least twenty-one (21) calendar days before the compact is signed.
- Any proposed gaming compact not complying with subsection (2) of this section shall be null and void unless ratified by both houses of the legislature by adoption of a concurrent resolution.
- No power, privilege or other authority shall be exercised under the provisions of this section where otherwise prohibited by the constitution or laws of the state of Idaho or the United States.
- The provisions of this section shall not be construed as a waiver of any defenses or immunities to which the state of Idaho is entitled under either the constitution or the laws of the state of Idaho or the United States.
History.
I.C.,§ 67-429A, as added by 1993, ch. 408, § 2, p. 1500; am. 1996, ch. 159, § 2, p. 502.
STATUTORY NOTES
Cross References.
Legislative council,§ 67-427.
Legislative Intent.
Section 1 of S.L. 1993, ch. 408 read: “The purpose of this act is to designate the governor to represent the state of Idaho in any negotiations required between the state and a federally recognized Indian tribe pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. section 2701 et seq., and to provide for state approval of certain gaming compacts.”
Compiler’s Notes.
Sections 1-3 of S.L. 1993, ch. 367 read:
“Section 1. Background and Purpose. On December 18, 1992, an Indian Gaming Compact authorizing and regulating Class III gaming on the Coeur d’Alene Indian Reservation was executed by the Coeur d’Alene Tribe and the Governor of the State of Idaho. This Compact identified two legal issues regarding the Indian Gaming Regulatory Act, 25 U.S.C. section 2701 et seq., that could not be resolved by the parties. It was agreed upon in the Compact that an action seeking a declaratory judgment in the United States District Court for the District of Idaho would by the proper method to resolve these disputed legal issues. “It is the strong public policy of the State of Idaho to forbid all forms of gambling, including casino-style gambling except a state lottery, pari-mutuel betting, and charitable bingo and raffle games. Nothing contained in this act can or should be construed in contravention of said policy.
“Similarly, it is the public policy of the State of Idaho to jealously guard against intrusions upon its inherent right of self-government and state sovereignty. Federal mandates and preemptions of state sovereignty such as those contained within the Indian Gaming Regulatory Act are unacceptable to the State of Idaho. The Legislature does not believe that federal law should mandate additional gambling activities in this State beyond those permitted under State law.
“The issues in dispute identified by the Compact included whether the Indian Gaming Regulatory Act requires the State of Idaho to accept all types of Class III gaming requested by Idaho Indian tribes during the negotiation process prescribed by 25 U.S.C. section 2710(d) and also whether permissible subjects of negotiation may include negotiated limits upon the scale of operations of games authorized under the Indian Gaming Regulatory Act.
“Both the State of Idaho and the Coeur d’Alene Tribe have filed separate complaints in the United States District Court for the District of Idaho seeking resolution of the above issues, including the issue of whether portions of the Indian Gaming Regulatory Act violate the tenth amendment to the United States Constitution. The cases: ‘Coeur d’Alene Tribe v. State of Idaho,’ Case No. CIV-92-0437-N-HLR and ‘State of Idaho v. Coeur d’Alene Tribe, et al.,’ Case No. CIV-93-0015-N-HLR, are now consolidated, and the Nez Perce Tribe and the Kootenai Tribe of Idaho have joined in those actions. The Nez Perce Tribe seeks to resolve, in the consolidated cases, the question of whether the state lottery may operate on reservations absent a compact.
“Section 2. Limited Authorization for Resolution of Legal Issues. The State of Idaho consents to resolution of the issues identified above (including tenth amendment defenses and the state lottery question) in ‘Coeur d’Alene Tribe v. State of Idaho,’ United States District Court for the District of Idaho Case No. CIV-92-0437-N-HLR and ‘State of Idaho v. Coeur d’Alene Tribe, et al.,’ United States District Court for the District of Idaho Case No. CIV-93-0015-N-HLR, and for this limited purpose, the State will not raise an eleventh amendment defense. By this authorization, the State does not consent directly, indirectly, or by implication to resolution of any additional issues in the consolidated cases, nor does the State consent to any separate action in federal court involving the same or other issues.
“Section 3. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval.” Approved April 1, 1993.
Effective Dates.
Section 3 of S.L. 1993, ch. 408 declared an emergency. Approved April 1, 1993.
RESEARCH REFERENCES
ALR.
§ 67-429B. Authorized tribal video gaming machines.
-
Indian tribes are authorized to conduct gaming using tribal video gaming machines pursuant to state-tribal gaming compacts which specifically permit their use. A tribal video gaming machine may be used to conduct gaming only by an Indian tribe, is not activated by a handle or lever, does not dispense coins, currency, tokens, or chips, and performs only the following functions:
- Accepts currency or other representative of value to qualify a player to participate in one or more games;
- Dispenses, at the player’s request, a cash out ticket that has printed upon it the game identifier and the player’s credit balance;
- Shows on a video screen or other electronic display, rather than on a paper ticket, the results of each game played;
- Shows on a video screen or other electronic display, in an area separate from the game results, the player’s credit balance;
- Selects randomly, by computer, numbers or symbols to determine game results; and
- Maintains the integrity of the operations of the terminal.
- Notwithstanding any other provision of Idaho law, a tribal video gaming machine as described in subsection (1) above is not a slot machine or an electronic or electromechanical imitation or simulation of any form of casino gambling.
History.
I.C.,§ 67-429B, as added by 2002 Initiative Measure (Proposition 1, § 3).
STATUTORY NOTES
Effective Dates.
Section 5 of the 2002 ballot initiative provides: “Notwithstanding any other provision of Idaho law, this act shall be in full force and effect after voter approval and immediately upon completion of the canvass of the votes by the Secretary of State. No further action by the executive or legislative branches of state government are required to implement the provisions of this act.” The initiative passed at the November 2002 general election by a vote of 232,986 for and 170,097 against.
CASE NOTES
Constitutionality.
Gaming Compact.
This section and§ 67-429C are constitutional; the decision in Idaho v. Shoshone-Bannock Tribes, 465 F.3d 1095 (9th Cir. 2006), regarding whether video gaming machines were permitted on an Indian reservation, was final and res judicata in any further litigation as to whether tribal video gaming is permissible. Knox v. State Ex Rel. Otter, 148 Idaho 324, 223 P.3d 266 (2009). Gaming Compact.
This section authorizes Indian tribes to conduct gaming using tribal video gaming machines;§ 67-429C authorizes tribes to amend their gaming compact to permit the use of tribal video gaming machines. Once a compact is amended, the number of gaming machines must be limited and the tribe must contribute 5% of the net gaming income to local educational programs and schools. Knox v. United States DOL, 759 F. Supp. 2d 1223 (D. Idaho 2010).
§ 67-429C. Amendment of state-tribal gaming compacts.
-
Any tribe with an existing state-tribal gaming compact may amend its compact through the procedure set forth in subsection (2) below to incorporate all of the following terms:
- As clarified by this compact amendment, the tribe is permitted to conduct gaming using tribal video gaming machines as described in Section 67-429B, Idaho Code.
- In the 10 years following incorporation of this term into its compact, the number of tribal video gaming machines the tribe may possess is limited to the number of tribal video gaming machines possessed by the tribe as of January 1, 2002, plus 25% of that number; provided, however, that no increase in any single year shall exceed 5% of the number possessed as of January 1, 2002. Thereafter, the tribe may operate such additional tribal video gaming machines as are agreed to pursuant to good faith negotiations between the state and the tribe under a prudent business standard.
- To the extent such contributions are not already required under the tribe’s existing compact, the tribe agrees to contribute 5% of its annual net gaming income for the support of local educational programs and schools on or near the reservation. The tribe may elect to contribute additional sums for these or other educational purposes. Disbursements of these funds shall be at the sole direction of the tribe.
- The tribe agrees not to conduct gaming outside of Indian lands.
- To amend its compact to incorporate the terms set forth in subsection (1) above, a tribe shall deliver to the Secretary of State a tribal resolution signifying the tribe’s acceptance of the terms. Immediately upon delivery of such tribal resolution to the Secretary of State, (a) the tribe’s state-tribal gaming compact shall be deemed amended to incorporate the terms; (b) the tribe’s compact as so amended shall be deemed approved by the state in accordance with Section 67-429A, Idaho Code, without the need for further signature or action by the executive or legislative branches of state government, and (c) except to the extent federal government approval is required, the newly incorporated compact terms shall be deemed effective immediately.
- Nothing in this section shall be construed to (a) indicate that any gaming activity currently conducted by any tribe is unauthorized or otherwise inappropriate under Idaho law or the tribe’s existing compact, or (b) prohibit a tribe from negotiating with the state for an initial compact or a compact amendment regarding tribal video gaming machines or any other matter through a procedure other than the procedure specified in subsection (2) above or which contains terms different than those specified in subsection (1) above.
History.
I.C.,§ 67-429C, as added by 2002 Initiative Measure (Proposition 1, § 4).
STATUTORY NOTES
Cross References.
Effective Dates.
Section 5 of the 2002 ballot initiative provides: “Notwithstanding any other provision of Idaho law, this act shall be in full force and effect after voter approval and immediately upon completion of the canvass of the votes by the Secretary of State. No further action by the executive or legislative branches of state government are required to implement the provisions of this act.” The initiative passed at the November 2002 general election by a vote of 232,986 for and 170,097 against.
CASE NOTES
Applicability.
In declaratory judgment action, district court properly ruled that Indian tribes could operate tribal video gaming machines without renegotiating their compact to limit the numbers of games and to require payments by the tribes to local education programs and schools. Idaho v. Shoshone-Bannock Tribes, 465 F.3d 1095 (9th Cir. 2006).
Constitutionality.
Section 67-429B and this section are constitutional; the decision in Idaho v. Shoshone-Bannock Tribes , 465 F.3d 1095 (9th Cir. 2006), regarding whether video gaming machines were permitted on an Indian reservation, was final and res judicata in any further litigation as to whether tribal video gaming is permissible. Knox v. State Ex Rel. Otter, 148 Idaho 324, 223 P.3d 266 (2009).
Effect of Amendment.
Section 67-429B authorizes Indian tribes to conduct gaming using tribal video gaming machines; this section authorizes tribes to amend their gaming compact to permit the use of tribal video gaming machines. Once a compact is amended, the number of gaming machines must be limited and the tribe must contribute 5% of the net gaming income to local educational programs and schools. Knox v. United States DOL, 759 F. Supp. 2d 1223 (D. Idaho 2010).
§ 67-429D. Audit of legislative department.
Beginning with the two (2) year period of fiscal years 2013 and 2014 and for each succeeding biennium, the council shall engage the services of a certified public accountant to audit the fiscal affairs of the legislative department. Expenditures for such audit shall be paid out of the legislative account.
History.
I.C.,§ 67-429D, as added by 2013, ch. 212, § 2, p. 501.
§ 67-430. Meetings — Quorum — Notice — Report to legislature.
The council shall meet as often as may be necessary for the proper performance of its duties; provided, however, that it shall meet at least two (2) times each year. Such meetings may be held at various places within the state of Idaho. Eight (8) members shall constitute a quorum and a majority thereof shall have authority to act on any matters within the jurisdiction of the council. All members of the legislature shall be notified in advance of the time, place and general purpose of all meetings and any member of the legislature shall have the right to attend any of the meetings of the council and to present his views on any subject which may be under consideration. The council shall keep minutes of its meetings and make periodic reports to members of the legislature. The council shall assist in making any necessary preparations for all regular and special sessions of the legislature. The services and facilities of the council shall be available to all members of the legislature at all times.
History.
1963, ch. 57, § 4, p. 222; am. 1967, ch. 365, § 4, p. 1054; am. 1996, ch. 159, § 3, p. 502.
§ 67-431. Compensation and expenses.
Members of the council and the committees thereof shall be reimbursed for actual expenses necessarily incurred in attending meetings and in the performance of their official duties in accordance with the rates established by the citizens’ committee on legislative compensation as authorized in section 67-406b, Idaho Code.
History.
1963, ch. 57, § 5, p. 222; am. 1967, ch. 223, § 1, p. 674; am. 1967, ch. 365, § 5, p. 1054; am. 1975, ch. 245, § 1, p. 657; am. 2009, ch. 52, § 7, p. 136.
STATUTORY NOTES
Cross References.
Citizens’ committee on legislative compensation,§ 67-406a.
Amendments.
The 2009 amendment, by ch. 52, rewrote the section, deleting archaic language and providing a correct reference to legislative compensation.
Compiler’s Notes.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
Effective Dates.
Section 7 of S.L. 1963, ch. 57 declared an emergency. Approved March 5, 1963.
Section 6 of S.L. 1967, ch. 365 declared an emergency. Approved April 10, 1967.
§ 67-432. Joint finance-appropriations committee — Creation — Members.
There is hereby created the joint finance-appropriations committee which shall consist of the members of the senate finance committee and the members of the house appropriations committee. Vacancies on the committee which occur during the interim when the legislature is not in session shall be filled by the speaker of the house and the president pro tempore of the senate, but any member thus selected shall be from the same house and the same political party as the member whose seat was vacated, and shall serve until the next regular legislative session.
History.
1967, ch. 354, § 1, p. 999; am. 1971, ch. 290, § 1, p. 1104; am. 1973, ch. 151, § 1, p. 292; am. 2003, ch. 252, § 1, p. 652.
§ 67-433. Officers — Adoption of rules of procedure — Subcommittees — Meetings.
The committee shall have the same officers as the senate finance committee and the house appropriations committee and, during the interim when the legislature is not in session, it shall adopt its own rules of procedure. The committee may create such subcommittees, which may include other members of the legislature, as may be necessary for the performance of its duties. The committee shall function during legislative sessions and during the interim between sessions. The committee shall meet as often as may be necessary for the proper performance of its duties upon the call of the cochairs.
History.
1967, ch. 354, § 2, p. 999; am. 1971, ch. 290, § 2, p. 1104; am. 1973, ch. 151, § 2, p. 292; am. 1996, ch. 159, § 4, p. 502.
§ 67-434. Per diem allowance and expenses. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised 1967, ch. 354, § 3, p. 999, was repealed by S.L. 2009, ch. 52, § 1.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
§ 67-435. Powers and duties.
-
The joint finance-appropriations committee shall have the following powers and duties:
- To review the executive budget and the budget requests of each state department, agency and institution, including requests for construction of capital improvements, as well as other requests for appropriations submitted to the legislature.
- To conduct such hearings as it may deem necessary and proper.
- To submit a report to each session of the legislature covering its activities during the preceding period and setting forth its findings and recommendations and to make such recommendations to the appropriate legislative committees as it may deem proper concerning the budget and other proposed legislation.
- To perform such other duties as the legislature or legislative council may by appropriate resolution direct.
-
The joint finance-appropriations committee shall use the following procedures for releasing reports produced by the legislative audits division:
- All reports produced by the legislative audits division shall be delivered to the cochairs of the joint finance-appropriations committee for their review and approval prior to release;
- The cochairs of the joint finance-appropriations committee may, at their discretion, conduct hearings relating to any report and seek input and testimony prior to, or after reports are released; and
- After such review as deemed necessary and prudent by the cochairs of the joint finance-appropriations committee, the cochairs shall release the reports produced by the legislative audits division within sixty (60) days of submission to the cochairs; except in the event that a report is returned to the legislative audits division for further audit or review, then the cochairs shall approve the release of reports within sixty (60) days after the report is resubmitted to the cochairs.
History.
1967, ch. 354, § 4, p. 999; am. 1969, ch. 418, § 1, p. 1158; am. 1970, ch. 150, § 1, p. 459; am. 1971, ch. 290, § 3, p. 1104; am. 1973, ch. 151, § 3, p. 292; am. 1993, ch. 327, § 40, p. 1186; am. 1994, ch. 180, § 168, p. 420; am. 2009, ch. 52, § 8, p. 136.
STATUTORY NOTES
Cross References.
Audit function of legislative services office,§ 67-702.
Legislative council,§ 67-427.
Amendments.
The 2009 amendment, by ch. 52, rewrote the existing provisions of the section within present subsection (1) and added present subsection (2).
Compiler’s Notes.
Section 41 of S.L. 1993, ch. 327 read: “All employees employed by the Joint Senate Finance-House Appropriations Committee, the Legislative Auditor or Legislative Budget Office on June 30, 1993, shall be transferred to the Legislative Council and shall be deemed to be employees of the Legislative Council on July 1, 1993. All moneys which have been appropriated to and been encumbered by the Joint Senate Finance-House Appropriations Committee, the Legislative Budget Office and the Legislative Auditor on June 30, 1993, shall be transferred to the Legislative Council and shall be deemed to be encumbered by that body. All moneys appropriated to the Joint Senate Finance-House Appropriations Committee for the Legislative Auditor and the Legislative Budget Office are deemed appropriated to the Legislative Council for the same period and purpose.”
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
Effective Dates.
Section 4 of S.L. 1971, ch. 290 declared an emergency. Approved March 30, 1971.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.” Since such amendment was adopted, the amendment of this section by § 168 of S.L. 1994, ch. 180, became effective January 2, 1995.
§ 67-436. Vouchers for expenses. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised 1967, ch. 354, § 5, p. 999; am. 1970, ch. 150, § 2, p. 459; am. 1973, ch. 151, § 4, p. 292; am. 1976, ch. 314, § 3, p. 1080, was repealed by S.L. 2009, ch. 52, § 1.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
§ 67-437. Departments, agencies, and institutions to submit information.
All departments, agencies and institutions of state government which are required by section 67-3502, Idaho Code, to submit reports of actual and estimated receipts and expenditures to the division of financial management shall submit the same information to the legislative services office for the joint finance-appropriations committee, not later than the deadline prescribed in section 67-3502, Idaho Code.
History.
1967, ch. 354, § 6, p. 999; am. 1999, ch. 37, § 1, p. 74.
§ 67-438. Inquisitorial authority.
In the discharge of any duty herein imposed, the committee shall have the authority to examine and inspect all properties, equipment, facilities, files, records and accounts of any state office, department, institution, board, committee, commission or agency, and to administer oaths, issue subpoenas, compel the attendance of witnesses and the production of any papers, books, accounts, documents and testimony, and to cause the deposition of witnesses, either residing within or without the state, to be taken in the manner prescribed by law for taking depositions in civil actions in the district courts.
History.
1967, ch. 354, § 7, p. 999.
§ 67-439. Enforcement of subpoenas.
In case of the failure on the part of any person to comply with any subpoena issued in behalf of the committee, or on the refusal of any witness to testify to any matters regarding which he may be lawfully interrogated, it shall be the duty of the district court, on application of the committee, to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
History.
1967, ch. 354, § 8, p. 999.
STATUTORY NOTES
Cross References.
Contempt,§ 7-601 et seq.
§ 67-440. Fees and mileage of witnesses.
Each witness who appears before the committee by its order, other than a state official or employee, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid upon the presentation of proper vouchers signed by such witness.
History.
1967, ch. 354, § 9, p. 999; am. 1973, ch. 151, § 5, p. 292; am. 1976, ch. 314, § 4, p. 1080.
STATUTORY NOTES
Cross References.
Fees and mileage of witnesses,§ 9-1601 et seq.
Compiler’s Notes.
Section 10 of S.L. 1967, ch. 354 provided: “The provisions of this act are hereby declared to be severable and if any provisions of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.”
Effective Dates.
Section 11 of S.L. 1967, ch. 354 declared an emergency. Approved April 10, 1967.
RESEARCH REFERENCES
ALR.
§ 67-441 — 67-450. Legislative auditor — Term — Staff — Duties — Authority — Report to legislature and governor. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
The following sections were repealed by S.L. 1993, ch. 327, § 39, effective July 1, 1993:
67-441. (1970, ch. 85, § 1, p. 208; am. 1973, ch. 151, § 6, p. 292).
67-442. (1970, ch. 85, § 2, p. 208; am. 1973, ch. 151, § 7, p. 292; am. 1991, ch. 314, § 1, p. 822).
67-443. (1970, ch. 85, § 3, p. 208).
67-444. (1970, ch. 85, § 4, p. 208; am. 1973, ch. 151, § 8, p. 292).
67-445. (1970, ch. 85, § 5, p. 208; am. 1973, ch. 151, § 9, p. 292).
67-446. (1970, ch. 85, § 6, p. 208; am. 1973, ch. 151, § 10, p. 292).
67-447. (1970, ch. 85, § 7, p. 208).
67-448. (I.C.,§ 67-448, as added by 1978, ch. 69, § 1, p. 139).
67-449. (1970, ch. 110, § 2, p. 269; am. 1977, ch. 297, § 1, p. 833; am. 1982, ch. 223, § 1, p. 598; am. 1985, ch. 267, § 1, p. 720).
67-450. (1970, ch. 110, § 3, p. 269).
Another former§ 67-448, which comprised S.L. 1970, ch. 110, § 1, p. 269 was repealed by S.L. 1977, ch. 71, § 7.
Section 41 of S.L. 1993, ch. 327 read: “All employees employed by the Joint Senate Finance-House Appropriations Committee, the Legislative Auditor or Legislative Budget Office on June 30, 1993, shall be transferred to the Legislative Council and shall be deemed to be employees of the Legislative Council on July 1, 1993. All moneys which have been appropriated to and been encumbered by the Joint Senate Finance-House Appropriations Committee, the Legislative Budget Office and the Legislative Auditor on June 30, 1993, shall be transferred to the Legislative Council and shall be deemed to be encumbered by that body. All moneys appropriated to the Joint Senate Finance-House Appropriations Committee for the Legislative Auditor and the Legislative Budget Office are deemed appropriated to the Legislative Council for the same period and purpose.”
§ 67-450A. Charges for audit.
The annual appropriation to the office of legislative services from the general fund shall provide for authorized audits and services to general fund departments, agencies, commissions, or institutions without charge to the unit receiving such services. The cost and expenses incurred by the legislative services office in conducting audits or in carrying out other work authorized by law in dedicated funds, shall be paid from the appropriation to the office, department, board, commission, or institution and/or the dedicated funds under the control of the office, department, board, commission, or institution for whom the work is done. The audit fee or costs of work performed in such dedicated fund agencies shall be based on an hourly rate computed by the legislative services office and shall be sufficient to defray all costs and expenses incurred, including but not limited to related salary, travel and office overhead expenses. The legislative services office may require partial payments, during the course of the audit, for services rendered and expenses incurred. All charges shall be paid within thirty (30) days after billing is received.
All moneys received from the various dedicated fund agencies shall be added to the legislative services office’s appropriation from the general fund and are hereby appropriated to the legislative services office, providing that the legislative services office’s expenditures shall not exceed the amount appropriated by the legislature.
History.
I.C.,§ 67-450A, as added by 1971, ch. 342, § 1, p. 1334; am. 1993, ch. 327, § 28, p. 1186; am. 1996, ch. 159, § 19, p. 502.
STATUTORY NOTES
Compiler’s Notes.
Effective Dates.
Section 2 of S.L. 1971, ch. 342 declared an emergency. Approved March 30, 1971.
CASE NOTES
Decisions Under Prior Law
Post-Audit Functions.
Since the territorial controller was authorized to perform all the types of audits which were performed in the territory prior to statehood, the controller was charged with superintending the fiscal concerns of the territory, and the controller was expressly directed to perform certain post-audit functions, the territorial controller would have been authorized to perform a modern post-audit function under Const., Art. 4, § 1, should that function have been in use at the time. Therefore, since the state auditor has implied constitutional powers and duties equivalent to those of the territorial controller, performing the post-audit function is a constitutional duty of the state auditor. Williams v. State Legislature, 111 Idaho 156, 722 P.2d 465 (1986).
§ 67-450B. Independent financial audits of local governmental entities — Filing requirements.
- The requirements set forth in this section are minimum audit requirements for all local governmental entities, and include, without limitation, all cities, counties, authorities and districts organized as separate legal and reporting entities under Idaho law, and include the councils, commissions and boards as appointed or elected and charged with fiscal management responsibilities of the local governmental entity.
-
The minimum requirements for any audit performed under the provisions of this section are:
- The governing body of a local governmental entity whose annual expenditures from all sources exceed two hundred fifty thousand dollars ($250,000) shall cause a full and complete audit of its financial statements to be made each fiscal year.
- The governing body of a local governmental entity whose annual expenditures from all sources exceed one hundred fifty thousand dollars ($150,000), but do not exceed two hundred fifty thousand dollars ($250,000) in the current year, shall have an annual audit or may elect to have its financial statements audited on a biennial basis. The first year that expenditures exceed one hundred fifty thousand dollars ($150,000) is the first year of the biennial audit period. The local governmental entity may continue the biennial audit cycle in subsequent years as long as the entity’s annual expenditures during the first year of the biennial audit period do not exceed two hundred fifty thousand dollars ($250,000). In the event that annual expenditures exceed two hundred fifty thousand dollars ($250,000) in the current year following a year in which a biennial audit was completed, the local governmental entity shall complete an annual audit. In the event that annual expenditures in the current year do not exceed one hundred fifty thousand dollars ($150,000) following a year in which an annual or biennial audit was completed, the local governmental entity has no minimum audit requirement.
- The governing body of a local governmental entity whose annual expenditures from all sources do not exceed one hundred fifty thousand dollars ($150,000) has no minimum audit requirements under this section.
- Federal audit requirements applicable because of expenditure of federal assistance supersede the minimum audit requirements provided in this section.
Audits under these requirements are to be performed by independent auditors in accordance with generally accepted governmental auditing standards, as defined by the United States general accountability office. The auditor shall be employed on written contract.
The entity’s governing body shall be required to include in its annual budget all necessary expenses for carrying out the provisions of this section.
The entity shall file one (1) copy of each completed audit report with the legislative services office within nine (9) months after the end of the audit period.
History.
I.C.,§ 67-450B, as added by 1993, ch. 387, § 1, p. 1417; am. 1996, ch. 47, § 1, p. 140; am. 2009, ch. 52, § 9, p. 136; am. 2011, ch. 21, § 1, p. 59; am. 2015, ch. 244, § 40, p. 1008; am. 2019, ch. 203, § 1, p. 622.
STATUTORY NOTES
Cross References.
Legislative services office,§ 67-701 et seq.
Amendments.
The 2009 amendment, by ch. 52, rewrote the last paragraph in subsection (1), which formerly read: “The entity shall file two (2) copies of each completed audit report with the legislative council within ten (10) days after receiving the audit from the contracting independent auditor”; deleted former subsection (2)(c), which dealt with the authority of a governing body of a local governmental entity to have financial statements reviewed, and made related redesignations; in subsections (2)(a) through (2)(c), substituted “expenditures” or similar language for “budget”; in present subsection (2)(c), substituted “one hundred thousand dollars ($100,000)” for “fifty thousand dollars ($50,000)”; and, in subsection (2)(d), substituted “expenditure” for “receipt.”
The 2011 amendment, by ch. 21, inserted “of local” in the section heading; and rewrote paragraph (2)(b), which formerly read: “The governing body of a local governmental entity whose annual expenditures (from all sources) exceed one hundred thousand dollars ($100,000), but do not exceed two hundred fifty thousand dollars ($250,000) may elect to have its financial statements audited on a biennial basis and may continue biennial auditing cycles in subsequent years as long as the entity’s annual expenditures do not exceed two hundred fifty thousand dollars ($250,000) during either year of any biennial period. Biennial audits shall include an audit of each fiscal year since the previous audit.”
The 2015 amendment, by ch. 244, substituted “accountability” for “accounting” near the end of the first sentence in the second paragraph in subsection (1).
The 2019 amendment, by ch. 203, in subsection (2), substituted “one hundred fifty thousand dollars ($150,000)” for “one hundred thousand dollars ($100,000)” and “governmental entity” for “government entity” throughout paragraphs (b) and (c).
Compiler’s Notes.
For more on the United States general accountability office, referred to in the second paragraph in subsection (1), see https://www.gao.gov .
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
The words enclosed in parentheses so appeared in the law as enacted.
§ 67-450C. Independent financial audits of affiliated organizations to state governmental agencies or entities — Filing requirements.
-
The requirements set forth in this section are minimum audit requirements for all affiliated organizations to state governmental entities, and include, without limitation, all state departments, commissions, institutions, colleges or universities, which are created pursuant to statute or the constitution and which receive an appropriation from the legislature.
- The organization has separate legal standing, where neither direct association through appointment of a voting majority of the organization’s body nor fiscal dependency exists.
- The affiliation with a specific primary state government agency or entity is set forth in the organization’s articles of incorporation by reference to the name of the primary state government agency or entity in describing the purposes for which the organization was established.
- The affiliation with a specific primary state government agency or entity is set forth in the organization’s application to the internal revenue service for exemption for payment of federal income tax pursuant to the internal revenue code by reference to the name of the primary government in response to any of the questions contained in the exemption application and the organization has been granted that exemption.
-
The minimum requirements for any audit performed under the provisions of this section are:
- The governing body of an affiliated organization whose annual expenditures (from all sources) exceeds two hundred fifty thousand dollars ($250,000) shall cause a full and complete audit of its financial statements to be made each fiscal year.
- The governing body of an affiliated organization whose annual expenditures (from all sources) exceed one hundred thousand dollars ($100,000), but do not exceed two hundred fifty thousand dollars ($250,000) may elect to have its financial statements audited on a biennial basis and may continue biennial auditing cycles in subsequent years as long as the organization’s annual expenditures do not exceed two hundred fifty thousand dollars ($250,000) during either year of any biennial period. Biennial audits shall include an audit of each fiscal year since the previous audit.
- The governing body of an affiliated organization whose annual expenditures (from all sources) do not exceed one hundred thousand dollars ($100,000) has no minimum audit requirements under this section. (d) Federal audit requirements applicable because of expenditure of federal assistance supersede the minimum audit requirements provided in this section.
As used in this section “affiliated organization” means an organization affiliated with an agency or entity of state government which meets all of the following criteria:
Audits under these requirements are to be performed by independent auditors in accordance with generally accepted governmental auditing standards, as defined by the United States general accounting office. The auditor shall be employed on written contract.
The affiliated organization’s governing body shall be required to include in its annual budget all necessary expenses for carrying out the provisions of this section.
The affiliated organization shall file one (1) copy of each completed audit report with the legislative services office within nine (9) months after the end of the audit period.
History.
I.C.,§ 67-450C, as added by 1997, ch. 209, § 1, p. 626; am. 2009, ch. 52, § 10, p. 136.
STATUTORY NOTES
Cross References.
Legislative services office,§ 67-701 et seq.
Amendments.
The 2009 amendment, by ch. 52, rewrote the last paragraph in subsection (1), which formerly read: “The affiliated organization shall file two (2) copies of each completed audit report with the legislative council within ten (10) days after receiving the audit from the contracting independent auditor”; in subsections (2)(a) and (2)(b), substituted “expenditures” or similar language for “budget”; rewrote subsection (2)(c), dealing with requirements for financial statement review; deleted subsection (2)(d), which read: “The governing body of an affiliated organization whose annual budget (from all sources) does not exceed fifty thousand dollars ($50,000) has no minimum audit requirements under this section,” and made related redesignations; and in subsection (2)(d), substituted “expenditure” for “receipt.”
Compiler’s Notes.
The United States general accounting office, referred to in the third paragraph in subsection (1), was renamed as the United States general accountability office by the GAO human capital reform act, P.L. 108-271, in 2004. See https://www.gao.gov .
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
The words enclosed in parentheses so appeared in the law as enacted.
§ 67-450D. Independent financial audits — Designated entities.
- Notwithstanding any other provisions of the Idaho Code relating to audit requirements regarding the entities hereinafter designated, beginning on July 1, 2010, the requirements set forth in this section shall constitute the minimum audit requirements for the following entities:
-
The minimum requirements for any audit performed under the provisions of this section are:
- Any entity whose annual expenditures (from all sources) exceed two hundred fifty thousand dollars ($250,000) shall cause a full and complete audit of its financial statements to be made each fiscal year.
- Any entity whose annual expenditures (from all sources) exceed one hundred thousand dollars ($100,000), but do not exceed two hundred fifty thousand dollars ($250,000), in the current year shall have an annual audit or may elect to have its financial statements audited on a biennial basis. The first year that expenditures exceed one hundred thousand dollars ($100,000) is the first year of the biennial audit period. The designated entity may continue the biennial audit cycle in subsequent years as long as the entity’s annual expenditures during the first year of the biennial audit period do not exceed two hundred fifty thousand dollars ($250,000). In the event that annual expenditures exceed two hundred fifty thousand dollars ($250,000) in the current year following a year in which a biennial audit was completed, the designated entity shall complete an annual audit. In the event that annual expenditures in the current year do not exceed one hundred thousand dollars ($100,000) following a year in which an annual or biennial audit was completed, the designated entity has no minimum audit requirement.
- Any entity whose annual expenditures (from all sources) do not exceed one hundred thousand dollars ($100,000) has no minimum audit requirements under the provisions of this section. (d) Federal audit requirements applicable because of expenditure of federal assistance supersede the minimum audit requirements provided in this section.
- All moneys received or expended by the entities identified in subsection (1) of this section shall be audited as specified in subsection (2) of this section by a certified public accountant designated by the entity, who shall furnish a copy of such audit to the director of the legislative services office and to the senate agricultural affairs committee and the house of representatives agricultural affairs committee. The audit shall be completed within ninety (90) days following the close of the commission’s fiscal year.
- Any entity identified in subsection (1) of this section that is not audited pursuant to the provisions of this section shall submit an unaudited annual statement of revenues, expenditures and fund balances to the director of the legislative services office, to the senate agricultural affairs committee and the house of representatives agricultural affairs committee, to the state controller and to the division of financial management.
- The right is reserved to the state of Idaho to audit the funds of the entities identified in this section at any time.
Alfalfa and clover seed commission;
Idaho apple commission;
Idaho barley commission;
Idaho bean commission;
Idaho beef council;
Idaho cherry commission;
Idaho dairy products commission;
Idaho food quality assurance institute;
Idaho forest products commission;
Idaho grape growers and wine producers commission;
Idaho honey commission;
Idaho hop grower’s commission;
Idaho mint commission;
Idaho oilseed commission;
Idaho pea and lentil commission;
Idaho potato commission;
Idaho rangeland resource commission;
Idaho wheat commission.
History.
I.C.,§ 67-450D, as added by 2010, ch. 178, § 1, p. 366; am. 2011, ch. 21, § 2, p. 59; am. 2015, ch. 124, § 8, p. 312; am. 2016, ch. 19, § 2, p. 24; am. 2016, ch. 85, § 2, p. 269; am. 2017, ch. 130, § 2, p. 304.
STATUTORY NOTES
Cross References.
Alfalfa and clover seed commission,§ 22-4204.
Division of financial management,§ 67-1910.
Idaho apple commission,§ 22-3602.
Idaho barly commission,§ 22-4002.
Idaho bean commission,§ 22-2912.
Idaho beef council,§ 25-2901.
Idaho cherry commission,§ 22-3702.
Idaho dairy products commission,§ 25-3102.
Idaho food quality assurance institute,§ 67-8301 et seq.
Idaho forest products commission,§ 38-1501 et seq.
Idaho grape growers and wine producers commission,§ 54-3601 et seq.
Idaho honey commission,§ 22-2804.
Idaho hop grower’s commission,§ 22-3104.
Idaho mint commission,§ 22-3804.
Idaho oilseed commission,§ 22-4704.
Idaho pea and lentil commission,§ 22-3502.
Idaho potato commission,§ 22-1201 et seq.
Idaho rangeland resources commission,§ 58-1401 et seq.
Idaho state soil and water conservation commission,§ 22-2718. Idaho wheat commission,§ 22-3302.
Legislative services office,§ 67-701 et seq.
State controller,§ 67-1001 et seq.
Amendments.
The 2011 amendment, by ch. 21, substituted “Soil and water conservation commission” for “Soil conservation commission” in the list of commissions in subsection (1), and rewrote subsection (2)(b), which formerly read: “Any entity whose annual expenditures (from all sources) exceed one hundred thousand dollars ($100,000), but do not exceed two hundred fifty thousand dollars ($250,000), may elect to have its financial statements audited on a biennial basis and may continue biennial auditing cycles in subsequent years as long as the entity’s annual expenditures do not exceed two hundred fifty thousand dollars ($250,000) during either year of any biennial period. Biennial audits shall include an audit of each fiscal year since the previous audit.”
The 2015 amendment, by ch. 124, substituted “Idaho honey commission” for “Idaho honey advertising commission” in subsection (1).
This section was amended by two 2016 acts which appear to be compatible and have been compiled together.
The 2016 amendment, by ch. 19, deleted “Commission on pesticide management” from the listing in subsection (1).
The 2016 amendment, by ch. 85, deleted “Idaho aquaculture commission” from the listing in subsection (1).
The 2017 amendment, by ch. 130, deleted the former next-to-last listing entry from subsection (1), which read: “Soil and water conservation commission”.
Compiler’s Notes.
The words enclosed in parentheses so appeared in the law as enacted.
Effective Dates.
Section 10 of S.L. 2015, ch. 124 declared an emergency. Approved March 26, 2015.
Section 3 of S.L. 2017, ch. 130 declared an emergency and made this section effective retroactive to July 1, 2012. Approved March 24, 2017.
§ 67-450E. Local governing entities central registry — Reporting information required — Penalties for failure to report.
In addition to the provisions applicable to local governing entities found in section 67-450B, Idaho Code, the provisions of this section shall also apply to local governing entities. For purposes of this section, “local governing entity” shall have the same meaning as provided in section 67-450B, Idaho Code. The term local governing entity shall also include entities governed by chapter 20, title 50, Idaho Code. If a local governing entity is governed by the provisions of section 33-701, Idaho Code, such entity shall not be required to comply with the provisions of this section.
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- There is hereby established a central registry and reporting portal (“registry”) on the legislative services office website. The registry and reporting portal shall serve as the unified location for the reporting of and access to administrative and financial information of local governing entities in this state. To establish a complete list of all local governmental entities operating in Idaho, on the effective date of this legislation and so that the registry established will be comprehensive, every existing local governing entity shall register with the state registry. For calendar year 2015, the submission of information required by subsection (2) of this section shall occur prior to March 1, 2015, and shall be in the form and format required by the legislative services office. In addition to the information required by this section for the March 1, 2015, filing deadline, the entity shall report the date of its last independent audit. The registry listing will be available on the legislative services office website by January 1, 2016. (1)(a) There is hereby established a central registry and reporting portal (“registry”) on the legislative services office website. The registry and reporting portal shall serve as the unified location for the reporting of and access to administrative and financial information of local governing entities in this state. To establish a complete list of all local governmental entities operating in Idaho, on the effective date of this legislation and so that the registry established will be comprehensive, every existing local governing entity shall register with the state registry. For calendar year 2015, the submission of information required by subsection (2) of this section shall occur prior to March 1, 2015, and shall be in the form and format required by the legislative services office. In addition to the information required by this section for the March 1, 2015, filing deadline, the entity shall report the date of its last independent audit. The registry listing will be available on the legislative services office website by January 1, 2016.
- The county clerk shall notify each local governing entity of the requirements of this section.
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After March 1, 2015, and on or before December 1 of each year:
- The state tax commission shall submit a list to the legislative services office of all taxing districts within the state; and
- The county clerk of each county shall submit a list to the legislative services office of all taxing districts in the county and any other local governing entities that are authorized to impose fees, assessments or receive property tax money within the county.
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On or before December 1 of each year, every local governing entity shall submit to the online central registry and reporting portal the following information:
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Administrative information:
- The terms of membership and appointing authority for the governing board member of the local governmental entity;
- The official name, mailing address and electronic mailing address of the entity;
- The fiscal year of the entity;
- Except for cities and counties, the section of Idaho Code under which the entity was established, the date of establishment, the establishing entity and the statute or statutes under which the entity operates, if different from the statute or statutes under which the entity was established.
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Financial information:
- The most recent adopted budget of the entity; and (ii) An unaudited comparison of the budget to actual revenues and expenditures for the most recently completed fiscal year.
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Bonds or other debt obligation information:
- The cumulative dollar amount of all bonds or other debt obligations issued or incurred by the entity; and
- The average length of term of all bond issuances or other debt obligations and the average interest rate of all bonds or other debt obligations.
- Within five (5) days of submitting to the central registry the information required by this subsection, the local governing entity shall notify the entity’s appointing authority, if the entity has an appointing authority, that it has submitted such information.
- If any information provided by an entity as required by this subsection changes during the year, the entity shall update its information on the registry within thirty (30) days of any such change.
- All reasonable fees, costs and other expenses incurred assisting local governing entities in compiling the reporting information required by this section may be charged by the county against the local governing entity requesting the county’s service. An entity may request assistance from the county to comply with provisions of this section but the county is under no obligation to provide such assistance. For purposes of this section, reasonable fees and costs shall include, but not be limited to, the labor costs, material costs and copying costs incurred while assisting local governing entities to comply with this section. Such fees and costs may be deducted from any distributions of taxes, fees or assessments collected by the county on behalf of the local governing entity.
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Administrative information:
- Audits required by section 67-450B, Idaho Code, will be submitted to the online portal.
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Notification and penalties.
- If a local governing entity fails to submit information required by this section or submits noncompliant information required by this section, the legislative services office shall notify the entity immediately after the due date of the information that either the information was not submitted in a timely manner or the information submitted was noncompliant. The local governing entity shall then have thirty (30) days from the date of notice to submit the information or notify the legislative services office that it will comply by a time certain.
- No later than September 1 of any year, the legislative services office shall notify the appropriate board of county commissioners and the state tax commission of the entity’s failure to comply with the provisions of this section. Upon receipt of such notification, the board of county commissioners shall place a public notice in a newspaper of general circulation in the county indicating that the entity is noncompliant with the legal reporting requirements of this section. The county commissioners shall assess to the entity the cost of the public notice. Such costs may be deducted from any distributions of taxes, fees or assessments collected by the county on behalf of the local governing entity. For any noncomplying entity, the legislative services office shall notify the board of county commissioners and the state tax commission of the compliance status of such entity by September 1 of each year until the entity is in compliance.
- A local governing entity that fails to comply with this section shall be prohibited from including in its budget any budget increase otherwise permitted by either subsection (1)(a) or (e) of section 63-802, Idaho Code.
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In addition to any other penalty provided in this section, in any failure to comply with this section, the state tax commission shall withhold the annual distribution of sales tax distribution pursuant to section 63-3638(10), Idaho Code, for any noncomplying entity. The state tax commission shall withhold and retain such money in a reserve account until the legislative services office certifies that the entity has complied with the provisions of this section, at which point the state tax commission shall pay any money owed to the local governing entity previously in violation of this section.
(e) For any local governing entity that is a non-taxing district, including entities established pursuant to title 50, Idaho Code, upon notification to the board of county commissioners from the legislative services office of noncompliance by such entity, the board of county commissioners shall convene to determine appropriate compliance measures including, but not limited to, the following:
- Require a meeting of the board of county commissioners and the entity’s governing body wherein the board of county commissioners shall require compliance of this section by the entity;
- Assess a noncompliance fee on the noncomplying entity. Such fee shall not exceed five thousand dollars ($5,000). Such fees and costs may be deducted from any distributions of taxes, fees or assessments collected by the county on behalf of the local governing entity. The amount of any such fee shall not be passed on to persons subject to the jurisdiction of the entity in the form of adjustments to any fee or assessment imposed or collected by the entity. Any fee collected shall be deposited into the county’s current expense fund;
- Cause a special audit to be conducted on the entity at the cost of the entity.
- The provisions of this section shall have no impact or effect upon reporting requirements for local governing entities relating to the state tax commission.
History.
I.C.,§ 67-450E, as added by 2014, ch. 249, § 1, p. 626.
STATUTORY NOTES
Cross References.
Legislative services office,§ 67-701 et seq.
State tax commission,§ 63-101 et seq.
Compiler’s Notes.
The phrase “the effective date of this legislation” in paragraph (1)(a) refers to the effective date of S.L. 2014, Chapter 249, which was effective January 1, 2015.
The word enclosed in parentheses so appeared in the law as enacted.
Effective Dates.
Section 2 of S.L. 2014, ch. 249 provided that the act should take effect on and after January 1, 2015.
§ 67-451. Legislative account created — Duties of controller — Disbursements from account — Report of disbursements.
- There is hereby created in the state treasury the legislative account. The legislative account shall consist of such moneys as are placed into it by other appropriations, by receipts paid into the legislative account, and the moneys appropriated and transferred into it according to the provisions of this act.
- There is hereby appropriated out of the general fund and transferred into the legislative account, and commencing January 1, 2008, the state controller is authorized and directed to make such transfers in the amounts shown on each of the following dates in each year:
- The president pro tempore of the senate and the speaker of the house of representatives are hereby authorized to make expenditures out of the legislative account for any necessary expenses of the legislature and the legislative account is hereby perpetually appropriated for any necessary expenses of the legislature. Necessary expenses of the legislature shall include, but are not necessarily limited to, salaries and wages of officers, members, and employees of the legislature, consultants and other expert or professional personnel, travel expenses of officers, members, and employees of the legislature, other current expenses incurred in any operation or function of the legislature, premiums for life, accidental death and dismemberment, hospital, medical, surgical and major medical insurance for members of the legislature during their terms of office, and for employees of the legislature during the period of their employment, and capital outlay items necessary for any operation or function of the legislature. The signature of the president pro tempore of the senate or the speaker of the house of representatives on any voucher or claim for payment shall be sufficient authority for the state controller to pay the same. Expenses for any interim activity of the legislature or legislators shall be paid in the same manner. Expenses for any interim legislative committees shall be paid in the same manner, if previously authorized by concurrent resolution.
- The state controller is hereby directed to devise and implement a financial reporting and control system for the purposes of this act that exempts legislative expenditures from any other provision of law, and the legislative account shall be specifically exempt from the provisions of chapter 35, title 67, Idaho Code, and shall be specifically exempt from the provisions of chapter 36, title 67, Idaho Code. Such system must produce a report as of the end of each calendar month that clearly shows additions to the account, the unexpended balance in the account, the expenditures to date, and the expenditures for the month reported, suitably detailed in such manner as the presiding officers may instruct the state controller. A copy of such report must be delivered to the president pro tempore of the senate and the speaker of the house of representatives and to the governor by no later than the fifth working day of the following month.
January 1 $1,825,000
March 1 $1,825,000
June 1 $1,445,000
September 1 $1,660,000
History.
I.C.,§ 67-451, as added by 1971, ch. 205, § 2, p. 896; am. 1974, ch. 239, § 1, p. 1601; am. 1977, ch. 27, § 1, p. 49; am. 1978, ch. 278, § 1, p. 675; am. 1980, ch. 392, § 1, p. 996; am. 1985, ch. 1, § 1, p. 3; am. 1988, ch. 145, § 1, p. 265; am. 1989, ch. 392, § 1, p. 972; am. 1989, ch. 393, § 1, p. 975; am. 1991, ch. 58, § 1, p. 111; am. 1993, ch. 393, § 1, p. 1456; am. 1994, ch. 180, § 169, p. 420; am. 2000, ch. 373, § 1, p. 1232; am. 2001, ch. 305, § 1, p. 1111; am. 2007, ch. 273, § 1, p. 800.
STATUTORY NOTES
Cross References.
State controller,§ 67-1001.
Amendments.
The 2007 amendment, by ch. 273, in subsection (2), substituted “January 1, 2008” for “June 1, 2001,” and increased the dollar amounts of transfers from the general fund into the legislative account.
Compiler’s Notes.
The term “this act” in subsections (1) and (4) refers to S.L. 1971, Chapter 205, which is compiled as this section.
Section 1 of S.L. 1971, ch. 205 read: “Because of the nature of legislative operations and the time periods in which legislative sessions and legislative functions are performed, it is necessary to exempt such sessions and functions from the ordinary fiscal operations applicable to other operations of state government. The legislature has unique constitutional duties and responsibilities that do not lend themselves well to the fiscal time periods and operations schedules established for other operations of state government. For these reasons, it is necessary to adopt the provisions contained in this act.”
Effective Dates.
Section 4 of S.L. 1971, ch. 205 declared an emergency. Approved March 24, 1971.
Section 2 of S.L. 1974, ch. 239 declared an emergency. Approved April 3, 1974.
Section 2 of S.L. 1980, ch. 392 declared an emergency and stated that the act should be in full force and effect on and after its passage and approval and retroactively to February 1, 1980. Approved April 10, 1980.
Section 2 of S.L. 1985, ch. 1 declared an emergency and provided that the act should be in full force and effect on and after passage and approval retroactive to January 1, 1985. Approved January 24, 1985.
Section 4 of S.L. 1989, ch. 392 read, “(1) An emergency existing therefor, which emergency is hereby declared to exist, Section 1 of this act shall be in full force and effect on and after June 1, 1989.
“(2) Section 2 of this act shall be in full force and effect on and after June 1, 1992.
“(3) Section 3 of this act shall be in full force and effect on and after July 1, 1989.” Approved April 7, 1989.
Section 2 of S.L. 1989, ch. 393 declared an emergency. Approved April 7, 1989. Section 5 of S.L. 1991, ch. 58 read: “(1) An emergency existing therefor, which emergency is hereby declared to exist, Sections 1, 2 and 3 of this act shall be in full force and effect on and after March 1, 1991.
“(2) Section 4 of this act shall be in full force and effect on and after July 1, 1991, and only upon passage and approval of House Bill No. 216, First Regular Session, Fifty-first Legislature.” Approved March 21, 1991. However, since House Bill 216 did not pass § 4 of S.L. 1991, ch. 58 did not take effect.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.” Since such amendment was adopted, the amendment of this section by S.L. 1994, ch. 180, became effective January 2, 1995.
Section 2 of S.L. 2007, ch. 273 provided that the act should take effect on and after January 1, 2008.
§ 67-451A. Legislative legal defense fund created.
There is hereby created in the state treasury the legislative legal defense fund. The legislative legal defense fund shall consist of such moneys as are placed into it by appropriations and shall be continuously appropriated to the senate and house of representatives. The legislative legal defense fund shall be specifically exempt from the provisions of chapter 35, title 67, Idaho Code, and from the provisions of chapter 36, title 67, Idaho Code. The president pro tempore of the senate and the speaker of the house of representatives are hereby authorized to make expenditures out of the fund for any necessary legal expenses of the legislature.
History.
I.C.,§ 67-451A, as added by 2012, ch. 335, § 1, p. 929.
§ 67-452. Membership in Pacific Fisheries Legislative Task Force.
The legislative council, joining with the presiding officers of other jurisdictions, shall appoint, respectively two (2) senators, one (1) from the majority party and one (1) from the minority party, and two (2) members of the house of representatives, one (1) from the majority party and one (1) from the minority party, to represent Idaho on the Pacific Fisheries Legislative Task Force, which shall operate as a clearinghouse for opinion from the various interests involved in pacific fishing, and which shall include among its duties the duty to report to the legislatures of the participating jurisdictions and to the state delegations in the United States congress concerning means of protecting and fostering fishing in the participating jurisdictions. Actual and necessary expenses and per diem shall be allowed as provided by the legislative council, and shall be paid from legislative funds.
History.
I.C.,§ 67-452, as added by 1986, ch. 50, § 2, p. 144.
STATUTORY NOTES
Cross References.
Legislative council,§ 67-427.
Prior Laws.
A former§ 67-452, which comprised I.C., [§ 67-452]§ 67-451, as added by 1971, ch. 271, § 1, p. 1077 was repealed by S.L. 1976, ch. 286, § 4.
Legislative Intent.
Section 1 of S.L. 1986, ch. 50 read: “The legislature of the state of Idaho finds that fishing off the Pacific coast plays an indirect yet vital role in enhancing or depleting the fisheries of the state of Idaho. The legislature further finds that there is an obvious need for developing means to protect the Pacific coast fisheries for the benefit of the future of Idaho citizens and that this subject is one that requires interstate cooperation.”
Compiler’s Notes.
The Pacific fisheries legislative task force, a group which meet to discuss common fisheries issues, is composed of representatives from California, Washington, Oregon, Alaska, and Idaho.
§ 67-453. Statements regarding proposed constitutional amendments.
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Whenever the legislature shall have directed the submission of a proposal to amend the constitution of the state of Idaho to the electors, the legislative council shall, not less than one hundred twenty (120) days prior to the date of the election at which the proposed amendment will be submitted to the people, prepare and file with the secretary of state a dossier containing the following:
- A brief statement setting forth in simple, understandable language the meaning and purpose of the proposed amendment and the result to be accomplished by such amendment. The statement shall be included in the publications of the proposed amendment required by law of the secretary of state, and shall be printed on the official ballot by which such proposed amendment is submitted to the electors; and
- A concise presentation of the major arguments advanced by the proponents and opponents of the proposed amendment designed to represent as fairly as possible the arguments relative to the proposed amendment. In preparing such arguments, the legislative council may seek the advice and suggestions of known supporters and opponents or any other persons or groups and may, in its sole discretion, use any of the suggested arguments. If any such suggestions are utilized by the legislative council, no recognition shall be given to the persons or groups which submitted the argument. The arguments shall be published in the publications required by law of the secretary of state, but shall not appear on the ballot by which such proposed amendment is submitted to the electors.
- The secretary of state shall cause to be printed in either the voters’ pamphlet pursuant to section 34-1812C, Idaho Code, or in a pamphlet similar to the voters’ pamphlet, the arguments prepared pursuant to subsection (1) of this section and the question that will be on the general election ballot.
History.
I.C.,§ 67-453, as added by 1976, ch. 235, § 1, p. 827; am. 2007, ch. 201, § 1, p. 618.
STATUTORY NOTES
Cross References.
Legislative council,§ 67-427.
Secretary of state, duties regarding proposed amendments,§ 67-913.
Amendments.
The 2007 amendment, by ch. 201, redesignated the introductory paragraph as subsection (1) and former subsections (1) and (2) as (1)(a) and (1)(b); and added subsection (2).
CASE NOTES
Cure of procedural defects. Statement of meaning and purpose.
Cure of Procedural Defects.
Where the materials published concerning proposed constitutional amendments sufficiently set forth the purpose and effect of the amendments to inform the public of the content, the statements of meaning and purpose sufficiently described the effect and impact of the proposed amendments, and the statements for and against them adequately reflected the principal arguments espoused by proponents and opponents, alleged procedural defects were cured by the election, and statutory and constitutional challenges were time barred because they were not presented prior to the election. Idaho Watersheds Project v. State Bd. of Land Comm’rs, 133 Idaho 55, 982 P.2d 358 (1999).
Statement of Meaning and Purpose.
Where statement of meaning and purpose of proposed constitutional amendment clearly explained a prohibition of gambling in Idaho, the fact that Indian gaming was not specifically named did not mean the voters had been misled; thus, the statement of purpose and meaning met the requirements of Idaho Const., Art. XX, § 1. Nez Perce Tribe v. Cenarrusa, 125 Idaho 37, 867 P.2d 911 (1993).
Decisions Under Prior Law
Constitutionality.
Legislature could not by enactment of former similar section modify Idaho Const., Art. XX, §§ 1 and 2, as to the requirements for the submission of a proposed constitutional amendment to the electorate; however, the constitution being a limitation and not a grant of legislative power, it is competent for legislature to adopt additional requirements designed to secure vote on proposed amendment by an informed electorate and to avoid possible uncertainty. Penrod v. Crowley, 82 Idaho 511, 356 P.2d 73 (1960).
§ 67-454. Subcommittees for review of administrative rules — Meetings regarding rules.
For the purposes of review of proposed administrative rules pursuant to chapter 52, title 67, Idaho Code, germane joint subcommittees are hereby authorized and created. The speaker of the house of representatives and the president pro tempore of the senate shall designate a subcommittee of each germane committee of each house for the consideration of proposed rules of the respective state agencies. The respective germane subcommittee of each house thus designated shall meet with the germane subcommittee of the other house and shall constitute the germane joint subcommittee. A subcommittee of each standing committee of each house shall be composed of the chairman of the committee, one (1) member of the majority party from the committee, appointed by the president pro tempore in the case of senate members, and by the speaker in the case of house members, and one (1) member of the minority party from the committee, appointed by the minority leader of the senate in the case of senate members, and by the minority leader of the house in the case of house members. If vacancies occur or exist in the majority party membership of the subcommittees of the senate, the president pro tempore shall appoint a replacement member; if vacancies occur or exist in the minority party membership of the subcommittees of the senate, the minority leader shall appoint a replacement member. If vacancies occur or exist in the majority party membership of the subcommittees of the house, the speaker shall appoint a replacement member; if vacancies occur or exist in the minority party membership of the subcommittees of the house, the minority leader shall appoint a replacement member. Meetings of a joint germane subcommittee shall be governed by the joint rules of the legislature; the chairmen shall sit as cochairmen.
History.
Upon notice of intended action as provided in sections 67-5221 and 67-5223, Idaho Code, and transmission of analysis from the director of legislative services, the subcommittees may hold a meeting, which shall be held within forty-two (42) days of receipt of the analysis. A meeting may be called by the cochairmen or by two (2) or more members of the subcommittees giving oral or written notice to the legislative services office within fourteen (14) days of receipt of the analysis from the legislative services office. Upon a finding of the same objection by a majority of the members of the subcommittee of each house voting separately, an objection to a rule shall be transmitted to the agency with a concise statement of the reasons for the objection. A report of the joint subcommittee on each rule transmitted to it, including a finding that there is no objection to the rule or that an objection has been filed, shall be filed with the agency, transmitted to the membership of the germane standing committees, and submitted to the next regular session of the legislature. History.
I.C.,§ 67-454, as added by 1978, ch. 255, § 3, p. 556; am. 1983, ch. 197, § 1, p. 536; am. 1993, ch. 216, § 97, p. 587; am. 1996, ch. 159, § 5, p. 502; am. 1999, ch. 21, § 1, p. 29.
STATUTORY NOTES
Cross References.
Legislative services office,§ 67-701 et seq.
Effective Dates.
Section 4 of S.L. 1999, ch. 21 declared an emergency. Approved February 19, 1999.
§ 67-455. Governor’s housing committee — Governor’s residence fund.
- There is hereby created the governor’s housing committee consisting of five (5) appointed members. The following public officials shall each appoint one (1) member to serve on the committee: the president pro tempore of the senate, the speaker of the house of representatives, the minority leader of the senate and the minority leader of the house of representatives and the director of the department of administration. Members of the committee shall serve at the pleasure of the appointing public official or his successor.
- There is hereby created the governor’s residence fund. All moneys in or added to the governor’s residence fund and any dividend or interest earnings thereon are hereby perpetually appropriated to the department of administration and set apart for the purposes of providing a governor’s housing allowance and the acquisition, construction, remodel, furnishing, equipping or maintenance of a governor’s residence and the same shall be available for such purposes immediately upon being credited to the account, upon authorization for expenditure being given by the governor’s housing committee. Upon the direction of the committee, the department shall use moneys in the account for any purpose related to a governor’s housing allowance or the acquisition, construction, remodel, furnishing, equipping or maintenance of a governor’s residence. The net proceeds from any sale or rental of a governor’s residence, or any property related thereto, and of any cash or cash-equivalent donation made to the committee, shall be returned to the governor’s residence fund.
History.
I.C.,§ 67-455, as added by 1996, ch. 160, § 2, p. 528; am. 1999, ch. 336, § 1, p. 912.
STATUTORY NOTES
Cross References.
Director of department of administration,§ 67-5701.
Prior Laws.
Former§ 67-455, which comprised I.C.,§ 67-455, as added by 1986, ch. 123, § 1, p. 324; am. 1987, ch. 311, § 1, p. 653; am. 1990, ch. 160, § 1, p. 349; am. 1991, ch. 65, § 1, p. 158, was repealed by S.L. 1995, ch. 208, § 1, effective July 1, 1995.
Effective Dates.
Section 5 of S.L. 1999, ch. 336 declared an emergency. Approved March 24, 1999.
§ 67-455A. Committee may acquire and dispose of property.
- The governor’s housing committee may accept grants, gifts or donations of any kind from any private or public source related to the acquisition, construction, remodel, furnishing, equipping or maintenance of a governor’s residence.
- The governor’s housing committee may acquire real property for purposes related to a governor’s residence. Any real property acquired by the governor’s housing committee shall be titled in the name of the state of Idaho for the benefit of the governor’s housing committee and shall be administered by the department of administration on behalf of and for the benefit of the governor’s housing committee. The governor’s housing committee may sell such real property by public, private or negotiated sale, exchange, donation or by any other means and may rent a governor’s residence and any furnishings and equipment related thereto, as the committee may deem appropriate and prudent. Any real property acquired hereunder shall not be subject to sections 58-331 through 58-335, Idaho Code, relating to surplus real property as the same may now exist or as the same may be amended from time to time. Any sale or disposal of such real property shall not require the reservation to the state of mineral or other rights in the real property.
- The governor’s housing committee may acquire personal property for the purpose of remodeling, furnishing, equipping or maintaining a governor’s residence. Any personal property acquired by the governor’s housing committee shall be the property of the state of Idaho held for the benefit of the governor’s housing committee and shall be administered on behalf of the governor’s housing committee by the department of administration. The governor’s housing committee may dispose of any personal property acquired hereunder by any means as the committee may deem appropriate and prudent and such disposal shall not be subject to section 67-5732A, Idaho Code, relating to surplus personal property, as the same exists or may be amended from time to time.
- The governor’s housing committee may acquire and contract for services related to the acquisition, construction, remodel, furnishing, equipping or maintenance of a governor’s residence. Notwithstanding any other law to the contrary, the acquisition, construction, remodel, furnishing, equipping or maintenance of a governor’s residence shall not be considered public works and shall not be subject to any laws related to public works of the state of Idaho. Notwithstanding any other law to the contrary, the governor’s housing committee shall not be subject to the state procurement act provided in chapter 92, title 67, Idaho Code.
- Notwithstanding the provisions of sections 18-1359(1)(d), 18-2705, 58-112, 74-501, 74-503 and 67-9230, Idaho Code, or any other provision of law, an incumbent governor shall not be deemed prohibited from purchasing real or personal property acquired hereunder, and any such purchase shall be valid for all purposes. Insofar as the provisions of this section are inconsistent with the provisions of any other law, general, specific or local, the provisions of this section shall be controlling.
- This section shall apply to all real and personal property acquired pursuant to this section or section 67-455, Idaho Code, before or after the effective date of this section.
History.
I.C.,§ 67-455A, as added by 1999, ch. 336, § 2, p. 912; am. 2015, ch. 141, § 165, p. 379; am. 2016, ch. 289, § 14, p. 793.
STATUTORY NOTES
Amendments.
The 2015 amendment, by ch. 141, substituted “74-501, 74-503” for “59-201, 59-202” in subsection (5).
The 2016 amendment, by ch. 289, at the end of subsection (4), substituted “state procurement act provided in chapter 92, title 67” for “purchasing laws for state agencies provided in chapter 57, title 67”; and substituted “67-9230” for “67-5726” near the beginning of subsection (5).
Compiler’s Notes.
The phrase “the effective date of this section” at the end of subsection (6) refers to the effective date of S.L. 1999, ch. 336, § 2, which was effective March 24, 1999.
Effective Dates.
Section 5 of S.L. 1999, ch. 336 declared an emergency. Approved March 24, 1999.
§ 67-456. Special committee on criminal justice reinvestment oversight.
- In order to maintain continuous oversight of the Idaho criminal justice reinvestment initiative and related issues, there is hereby established a special legislative committee on justice reinvestment oversight.
- The committee shall consist of five (5) members of the senate, one (1) of whom shall be the chairperson of the senate judiciary and rules committee, two (2) from the majority party appointed by the president pro tempore of the senate and two (2) from the minority party appointed by the minority leader, and five (5) members of the house of representatives, one (1) of whom shall be the chairperson of the house judiciary, rules and administration committee, two (2) from the majority party appointed by the speaker of the house and two (2) from the minority party appointed by the minority leader. The cochairs of the special committee shall be the chairperson of the senate judiciary and rules committee and the chairperson of the house judiciary, rules and administration committee. Appointments to the committee shall be for the term of office of the member appointed. Any vacancy shall be filled in a manner consistent with the appointment procedure set forth in this subsection, except the appointment shall be for the remainder of the unexpired term. A committee member may be reappointed to the committee.
- The cochairs may appoint advisors with expertise in Idaho’s criminal justice system and are expected to receive input and technical assistance from the council of state governments justice center. Any advisors to the committee who are not legislative members shall not be reimbursed from legislative funds for per diem, mileage or other expenses and shall not have voting privileges.
- The committee shall have as a primary duty and responsibility the task of monitoring, studying and guiding analysis and policy development in all aspects of the criminal justice system in Idaho including, but not limited to, monitoring performance and outcome measures as set forth in the justice reinvestment act and studying the data-driven justice reinvestment and resource allocation approach and policies to improve public safety, reduce recidivism and reduce spending on corrections in Idaho.
- By no later than February 1 of each year, the committee shall report to the legislature on its activities and findings and may report and make recommendations on any aspect of the Idaho criminal justice system in this state at any time.
- Members of the committee shall be compensated from the legislative account on order of the president pro tempore of the senate or the speaker of the house of representatives at the rates applicable for committee members of the legislative council.
- The special committee shall cease to exist following its report to the first regular session of the sixty-seventh Idaho legislature in 2023.
History.
I.C.,§ 67-456, as added by 2014, ch. 290, § 2, p. 733; am. 2019, ch. 254, § 1, p. 761.
STATUTORY NOTES
Prior Laws.
Former§ 67-456, Special committee on health care, which comprised I.C.,§ 67-456, as added by 1989, ch. 297, § 1, p. 729, was repealed by S.L. 2014, ch. 290, § 1, effective July 1, 2014.
Amendments.
The 2019 amendment, by ch. 254, substituted “sixty-seventh Idaho legislature in 2023” for “sixty-fifth Idaho legislature in 2019” in subsection (7).
Compiler’s Notes.
For further information on the council of state governments justice center, referred to in subsection (3), see https://csgjusticecenter.org .
The justice reinvestment act, referred to in subsection (4), is S.L. 2014, Chapter 150, which is compiled as§§ 19-2513, 19-251719-2521, 19-2524, 19-2601, 19-2606, 20-209H, 20-210A, 20-216, 20-219, 20-221 to 20-224, 20-227, 20-228, 20-229A, 20-229B, 20-233, and 20-250.
§ 67-457. Joint legislative oversight committee — Creation.
There is hereby created the joint legislative oversight committee which shall be appointed as follows: the president pro tempore of the senate shall appoint majority party members of the senate, the senate minority leader shall appoint minority party members of the senate, the speaker of the house of representatives shall appoint majority party members of the house of representatives and the minority leader of the house of representatives shall appoint minority party members of the house of representatives. Membership on the committee shall be evenly divided between the house of representatives and the senate and shall be evenly divided between the two (2) largest political parties represented in the legislature. The cochairmen of the joint finance-appropriations committee, or their designees, shall be members of the joint legislative oversight committee. The joint legislative oversight committee is hereby created under the jurisdiction of the legislative council for the purpose of conducting performance audits or evaluations, and reviewing all records related thereto, of any state agency at any time as the committee deems necessary. The legislative council shall appoint cochairmen who shall be from different houses of the legislature and who shall be from different political parties and shall determine the size of the committee. The legislative council, by a seventy-five percent (75%) vote, shall appoint a director of legislative performance evaluations for the purpose of conducting performance audits or evaluations pursuant to sections 67-457 through 67-464, Idaho Code. The director of legislative performance evaluations shall serve at the pleasure of the joint legislative oversight committee. The legislative council shall initially establish the compensation of the director of legislative performance evaluations and thereafter the compensation of the director of legislative performance evaluations shall be established by the joint legislative oversight committee.
History.
I.C.,§ 67-457, as added by 1993, ch. 327, § 3, p. 1186; am. 1996, ch. 65, § 1, p. 188.
STATUTORY NOTES
Cross References.
Legislative council,§ 67-427.
Legislative Intent.
Section 1 of S.L. 1993, ch. 327 read: “The purpose of this act is to modernize the provision of professional staff services to the legislature, to provide a performance evaluation function within the legislative branch of government, to provide legislative committees and legislators with professional staff support, to increase communication and efficiency and enhance productivity within the legislative branch of government of this state.”
Compiler’s Notes.
Section 41 of S.L. 1993, ch. 327 read: “All employees employed by the Joint Senate Finance-House Appropriations Committee, the Legislative Auditor or Legislative Budget Office on June 30, 1993, shall be transferred to the Legislative Council and shall be deemed to be employees of the Legislative Council on July 1, 1993. All moneys which have been appropriated to and been encumbered by the Joint Senate Finance-House Appropriations Committee, the Legislative Budget Office and the Legislative Auditor on June 30, 1993, shall be transferred to the Legislative Council and shall be deemed to be encumbered by that body. All moneys appropriated to the Joint Senate Finance-House Appropriations Committee for the Legislative Auditor and the Legislative Budget Office are deemed appropriated to the Legislative Council for the same period and purpose.”
RESEARCH REFERENCES
Idaho Law Review.
Idaho Law Review. — Idaho Administrative Law: A Primer for Students and Practitioners, Richard Henry Seamon. 51 Idaho L. Rev. 421 (2015).
§ 67-458. Definitions.
For the purposes of sections 67-457 through 67-464, Idaho Code:
- “Committee” means the joint legislative oversight committee.
-
“Performance audit or evaluation” shall mean an examination of the effectiveness of the administration, the efficiency and the adequacy of such administration in terms of the programs of the state agency authorized by law to be performed. Such examinations shall include, but not be limited to:
- How effectively the programs are administered;
- Benefits of each program in relation to the expenditures;
- Goals of the programs;
- Development of indicators by which the success or failure of a program may be gauged;
- Conformity of programs with legislative intent;
- Assistance to legislative committees dealing with specific programs;
- Impact of federal grant-in-aid programs on agency programs.
- “State agency” means each state board, commission, department, office or institution, educational or otherwise, of the state of Idaho. State agency shall also mean any city, county, district or other political subdivision of the state created by statute which has the authority to levy, collect and spend tax moneys.
History.
I.C.,§ 67-458, as added by 1993, ch. 327, § 3, p. 1186; am. 1996, ch. 65, § 2, p. 188.
§ 67-459. Term of membership and organization of committee.
All members appointed to the joint legislative oversight committee shall serve for a term as provided by the legislative council. The committee shall meet no later than thirty (30) days after appointment by the legislative council for the purpose of organizing the committee. A chairman and cochairman shall be appointed by the legislative council and shall be from different houses of the legislature and from different political parties. Actual and necessary expenses and per diem shall be allowed as provided by the legislative council and shall be paid from the legislative account.
History.
I.C.,§ 67-459, as added by 1993, ch. 327, § 3, p. 1186.
§ 67-460. Powers of committee.
The joint legislative oversight committee shall have the following powers:
- To direct the director of legislative performance evaluations in accordance with section 67-461, Idaho Code, to review the performance of any state agency or program and to prepare reports for submission to the joint legislative oversight committee.
- To contract with private individuals or entities for the conduct of performance evaluations or portions thereof.
- To examine witnesses, to require the appearance of any person and the production of papers or records, including books, accounts, documents, computer records, and other materials, and to order the appearance of any person for the purpose of producing papers or records, including books, accounts, documents, computer records, and other materials, as is provided other legislative committees.
- To administer oaths to witnesses appearing before the committee when, by a majority vote, the committee deems the administration of an oath necessary and advisable as provided by law.
- To determine that a witness has perjured himself by testifying falsely before the committee, and to direct the attorney general to institute legal proceedings as provided by law.
- To conduct meetings at such times as the cochairmen deem necessary.
- To issue subpoenas upon the signature of either of the cochairmen; provided that the district court in and for the county in which any inquiry, evaluation, investigation, hearing or proceeding may take place shall have the power to compel obedience by proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from the court or the refusal to testify or produce papers or records, including books, accounts, documents, computer records, and other materials, in court.
History.
I.C.,§ 67-460, as added by 1993, ch. 327, § 3, p. 1186; am. 1996, ch. 32, § 1, p. 83; am. 1996, ch. 65, § 3, p. 188; am. 2007, ch. 90, § 27, p. 246.
STATUTORY NOTES
Cross References.
Attorney general,§ 67-1401 et seq.
Contempts,§ 7-601 et seq.
Director of legislative performance evaluations,§ 67-457.
Perjury,§ 18-5401 et seq.
Amendments.
This section was amended by two 1996 acts which appear to be compatible and have been compiled together;
The 1996 amendment, by ch. 32, § 1, in subsection (5) substituted “of papers or records, including books, accounts, documents, computer records, and other materials” for “of any paper or document” in two places; and added subdivision (8). The 1996 amendment, by ch. 65, § 3, deleted former subsections (1) and (3) which read: “(1) To direct the management system analyst and staff in the development of performance evaluation surveys and work plans in concert with agencies and programs,”; “(3) To direct the management system analyst and staff to prepare a request for proposal (RFP) for the evaluation of the performance outcome findings of a given agency or program. Such RFP shall be submitted for bids to independent contractors to conduct a final performance evaluation and present recommendations to implement actions necessary to carry out such findings.” redesignated former subsections (2), (4), (5), (6) and (7) as present subsections (1), (2), (3), (4) and (5), respectively and added present subsection (6); in present subsection (1), substituted “director of legislative performance evaluations” for “management system analyst and staff,” deleted “outcomes” following “review the performance,” and substituted “agency or program and to prepare reports for submission” for “agency and to prepare preliminary performance outcome findings for presentation.”
The 2007 amendment, by ch. 90, corrected the designation of the last paragraph.
§ 67-461. Conduct of and issuance of performance evaluation reports.
-
In conducting a performance evaluation, the director of legislative performance evaluations shall obtain an overview of the operations of the agency or program.
- The survey phase will develop background information, including roles and identities of key personnel, identify actual and potential financial, managerial and operational problem areas and determine whether and to what extent detailed audit tests may be required in each specific area.
- In consultation with the agency or program, the director of legislative performance evaluations will develop a performance evaluation work plan.
-
Prior to the presentation of any performance evaluation to the committee, the evaluated agency and the governor shall have an opportunity to review the performance evaluation report and issue a response.
- The response of the agency and the governor to the performance evaluation report shall be included in the final report when it is presented to the committee.
- All documents, writings and information transmitted pursuant to this subsection shall be deemed confidential and shall not be released to the public prior to the time the committee issues its performance evaluation report pursuant to subsection (3) of this section.
- Any person violating the provisions of this subsection regarding confidentiality shall be guilty of a misdemeanor.
-
The committee shall issue performance evaluation reports, favorable or unfavorable, of any state agency, and such reports shall be a public record except that:
- Prior to the release of a performance evaluation report or the point at which a performance evaluation is no longer being actively pursued, all papers, physical and electronic records and correspondence and other supporting materials comprising the work papers in the possession of the director of legislative performance evaluations or other entity charged with the preparation of a performance evaluation report shall be confidential and exempt from disclosure pursuant to chapter 1, title 74, Idaho Code.
- All other records or materials in the possession of the director of legislative performance evaluations or other entity charged with the preparation of a performance evaluation report that would otherwise be confidential or exempt from disclosure shall be exempt from disclosure pursuant to the provisions of chapter 1, title 74, Idaho Code.
- Nothing herein shall be construed to prohibit or prevent public access to state agency records in the possession of the director of legislative performance evaluations that would otherwise be subject to disclosure pursuant to the provisions of chapter 1, title 74, Idaho Code. The director of legislative performance evaluations shall refer requests for access to those records directly to the state agency that is the official custodian of the requested records, which shall be responsible for responding to the request for public records.
- If data supplied by an individual are needed to initiate, continue or complete a performance evaluation, the director of legislative performance evaluations may by written memorandum to the file provide that the individual’s identity will remain confidential and exempt from disclosure under chapter 1, title 74, Idaho Code, and this written memorandum will protect the identity of the person from disclosure under chapter 1, title 74, Idaho Code, notwithstanding any other provision of law to the contrary. (5) A final copy of the report, including recommendations, the evaluated agency’s response, and the governor’s response, shall be submitted to the governor and to the official, officer or person in charge of the state agency examined at least one (1) day prior to its release, and shall be made available to each member of the legislature no later than one (1) day following the report’s receipt by the joint legislative oversight committee.
(6) The committee may meet in executive session to consider whether to direct the director of legislative performance evaluations to initiate or continue a performance evaluation or to receive or consider materials exempt from disclosure under subsection (2), (3) or (4) of this section.
History.
I.C.,§ 67-461, as added by 1993, ch. 327, § 3, p. 1186; am. 1994, ch. 180, § 170, p. 420; am. 1996, ch. 65, § 4, p. 188; am. 1996, ch. 226, § 1, p. 740; am. 2000, ch. 429, § 1, p. 1384; am. 2000, ch. 430, § 1, p. 1386; am. 2015, ch. 141, § 166, p. 379.
STATUTORY NOTES
Cross References.
Director of legislative performance evaluations,§ 67-457.
Joint legislative oversight committee,§ 67-457.
Penalty for misdemeanor when not otherwise provided,§ 18-113.
Amendments.
This section was amended by two 1996 acts which appear to be compatible and have been compiled together.
The 1996 amendment, by ch. 65, § 4, in subsection (1), at the beginning of the first sentence substituted “In conducting a” for “Prior to any”, substituted “director of legislative performance evaluations” for “legislative management systems analyst” in the first and third sentences, in the first sentence, deleted “conduct a survey to” preceding “obtain an overview” and in the second sentence inserted “phase” following “The survey”; in subsection (2), in the first and second sentences substituted “agency and the governor” for “agency, and the governor and state controller” in two places, in the first sentence substituted “report” for “findings” preceding “and issue a response.”, in the second sentence inserted “report” following “performance evaluation” and substituted “included in the final report” for “included in the performance evaluation”; in subsection (3) substituted “director of legislative performance evaluations” for “legislative council employee” in the second sentence and for “legislative council” in the third sentence, in the fourth sentence inserted “final” following “A”, deleted “signed by the cochairmen of the committee” following “copy of the report”, deleted “committee” preceding “recommendations”, inserted “the evaluated agency’s response, and the governor’s response,” preceding “shall be submitted”, deleted “, to the state controller, to each member of the legislature,” preceding “and to the official, officer”, inserted the phrase beginning “at least one (1)” and ending “oversight committee” at the end of the sentence; and added subsection (4).
The 1996 amendment, by ch. 226, § 1, in subsection (3) inserted “or the point at which a performance evaluation is no longer being actively pursued” preceding “all papers” in the second sentence and added the present fourth sentence. This section was amended by two 2000 acts, both effective April 17, 2000, which appear to be compatible and have been compiled together.
The 2000 amendment, by ch. 429, § 1 added the present subdivision designations (1)(a), (1)(b), (2)(a), (2)(b), (2)(c), (3)(a) and (3)(b); added the present subsection designations (4) and (5); redesignated former subsection (4) as present subsection (6); in subsection (3) added “except that:” at the end of the introductory language; and in subsection (4) deleted “and the individual will not provide the data to the director of legislative performance evaluations without an assurance that the individual’s identity will remain confidential and exempt from disclosure” preceding “the director of legislative”.
The 2000 amendment, by ch. 430, § 1 added the present subdivision designations (1)(a), (1)(b), (2)(a), (2)(b), (2)(c), (3)(a) and (3)(b); added the present subsection designations (4) and (5); redesignated former subsection (4) as present subsection (6); in subsection (3) added “except that:” at the end of the introductory language; in subsection (3)(b) substituted “All” for “Additionally a”; added subsection (3)(c); and in subsection (6) substituted “(2), (3) or (4)” for “(2) or (3)”.
The 2015 amendment, by ch. 141, substituted “chapter 1, title 74” for “chapter 3, title 9” throughout this section.
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.” Since such amendment was adopted, the amendment to this section by S.L. 1994, ch. 180, § 170 became effective on January 2, 1995.
§ 67-462. Recording testimony under oath.
Whenever making a performance evaluation, the committee may require that testimony be given under oath, which may be administered by the chairman or by a person authorized by law to administer oaths, and may require that the testimony be recorded by an official court reporter or by some other competent person, under oath, which report when written, certified and approved by the person as being the direct transcript of the testimony, proceedings, documents, expenditure review or performance evaluation, shall be prima facie a correct statement of the testimony, proceedings, documents, expenditure review or performance evaluation provided that the person’s signature to the certificate shall be duly acknowledged by him before a notary public.
History.
I.C.,§ 67-462, as added by 1993, ch. 327, § 3, p. 1186.
§ 67-463. Assistance.
The office of the attorney general, the office of the state controller and the administrator of the division of financial management are authorized to assist the joint legislative oversight committee in its conduct of performance evaluations if the committee and the director of legislative performance evaluations deems [deem] that such offices may be helpful.
History.
I.C.,§ 67-463, as added by 1993, ch. 327, § 3, p. 1186; am. 1994, ch. 180, § 171, p. 420; am. 1996, ch. 65, § 5, p. 188.
STATUTORY NOTES
Cross References.
Administrator of division of financial management,§ 67-1910.
Attorney general,§ 67-1401 et seq.
State controller,§ 67-1001.
Compiler’s Notes.
The bracketed term near the end of the section was added by the compiler to correct the syntax of the sentence.
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.” Since such amendment was adopted, the amendment to this section by S.L. 1994, ch. 180, § 171 became effective on January 2, 1995.
§ 67-464. Quorum.
There shall be no business transacted, including adoption of a rule or procedure, without the presence of a quorum of the committee and no action shall be valid unless approved by the majority of those members present and voting and entered upon the minutes of the committee.
History.
I.C.,§ 67-464, as added by 1993, ch. 327, § 3, p. 1186.
§ 67-465. Special oversight committee on state funded substance abuse treatment. [Null and void.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised I.C.,§ 67-465, as added by 2001, ch. 362, § 12, p. 1275, became null and void on April 15, 2006, pursuant to S.L. 2001, ch. 362, § 15.
Chapter 5 ENACTMENT AND OPERATION OF LAWS
Sec.
§ 67-501. Endorsement of bills.
Every bill must, as soon as delivered to the governor, be endorsed as follows: “This bill was received by the governor this .... day of ...., .....”
History.
R.S., § 150; am. R.C., § 63; reen. C.L., § 63; C.S., § 104; I.C.A.,§ 65-501; am. 2007, ch. 90, § 28, p. 246.
STATUTORY NOTES
Cross References.
Constitutional provisions governing the enactment of laws, Idaho Const., Art. III, §§ 14 to 22.
Enactment of appropriation bills,§§ 67-3513, 67-3514.
Amendments.
The 2007 amendment, by ch. 90, deleted “nineteen” in the date line.
§ 67-502. Approval of bills.
When the governor approves a bill he must set his name thereto, with the date of his approval.
History.
R.S., § 151; reen. R.C. & C.L., § 64; C.S., § 105; I.C.A.,§ 65-502.
§ 67-503. Passage of bills over veto — Authentication.
When a bill has passed both houses of the legislature, and is returned by the governor without his signature and with objections thereto, and upon a reconsideration passes both houses by a two-thirds (2/3) vote, it must be authenticated as having become a law by a certificate indorsed thereon, or attached thereto, in the following form:
“This bill having been returned by the governor with his objections thereto, and after reconsideration having passed both houses, by a two-thirds vote, it has become a law this . . . . day of . . . ., . . . .,” which indorsement, signed by the president of the senate and speaker of the house, is a sufficient authentication thereof. Such bill must then be deposited with the laws, in the office of the secretary of state.
History.
R.S., § 152; am. R.C., § 65; reen. C.L., § 65; C.S., § 106; I.C.A.,§ 65-503.
STATUTORY NOTES
Cross References.
Disapproval of appropriation bills, Idaho Const., Art. IV, § 11.
Secretary of state,§ 67-901 et seq.
Veto power of governor, Idaho Const., Art. IV, § 10.
§ 67-504. Return of bill during adjournment.
If, on the day the governor desires to return a bill without his approval and with his objections thereto to the house in which it originated, that house has adjourned for the day (but not for the session), he may deliver the bill with his message to the presiding officer, clerk, or any member of such house, and such delivery is as effectual as though returned in open session, if the governor, on the first day the house is again in session, by message notifies it of such delivery, and of the time when, and the person to whom, such delivery was made.
History.
R.S., § 153; reen. R.C. & C.L., § 66; C.S., § 107; I.C.A.,§ 65-504.
STATUTORY NOTES
Compiler’s Notes.
The words enclosed in parentheses so appeared in the law as enacted.
CASE NOTES
Return.
The word “return” means that a bill must be placed into the actual physical possession of the appropriate office or officer to effectuate the return. Consequently, for purposes of Idaho Const., Art. IV, § 10, and this section, “return” means relinquishing control and physically delivering the veto to an official to whom the governor is authorized under those provisions to return the veto. Coeur d’Alene Tribe v. Denney (In re Verified Petition for Writ of Mandamus), 161 Idaho 508, 387 P.3d 761 (2015).
§ 67-505. Bills not returned.
Every bill which has passed both houses of the legislature, and has not been returned by the governor within five (5) days, thereby becoming a law, is authenticated by the governor causing the fact to be certified thereon by the secretary of state in the following form: “This bill having remained with the governor five (5) days (Sundays excepted), and the legislature being in session, it has become a law this .... day of ...., ....,” which certificate must be signed by the secretary of state and deposited with the laws in his office. Where the legislature by adjournment, prevents the return of a bill, the governor, if he disapproves thereof, shall file the same, with his objections, in the office of the secretary of state within ten (10) days after said adjournment (Sundays excepted) or the same shall become a law.
History.
R.S., § 154; compiled and reen. R.C., § 67; reen. C.L., § 67; C.S., § 108; I.C.A.,§ 65-505; am. 2007, ch. 90, § 29, p. 246.
STATUTORY NOTES
Cross References.
Bill becoming law without signature of the governor, Idaho Const., Art. IV, § 10.
Secretary of state,§ 67-901 et seq.
Amendments.
The 2007 amendment, by ch. 90, deleted the reference to the twentieth century in the date line.
Compiler’s Notes.
The words enclosed in parentheses so appeared in the law as enacted.
CASE NOTES
Application.
Authentication.
This section makes clear that the moment the deadline has passed for the return of a bill, the bill automatically becomes law. Therefore, when a bill was delivered to the governor on March 30, 2015, and was vetoed by the governor on April 3, 2015, and that veto was received by the Senate on April 6, 2015, the veto was not timely and the bill must be treated as if the governor had signed it. Coeur d’Alene Tribe v. Denney (In re Verified Petition for Writ of Mandamus), 161 Idaho 508, 387 P.3d 761 (2015). Authentication.
This section’s plain language reveals that when the governor fails to veto a bill within five days after presentment, no further action is required to authenticate the bill. Coeur d’Alene Tribe v. Denney (In re Verified Petition for Writ of Mandamus), 161 Idaho 508, 387 P.3d 761 (2015).
Secretary of State.
Once the deadline has passed for the governor’s return of a veto, the secretary of state has a non-discretionary duty to certify the bill as law. There is nothing discretionary about the secretary of state’s role in the matter. Coeur d’Alene Tribe v. Denney (In re Verified Petition for Writ of Mandamus), 161 Idaho 508, 387 P.3d 761 (2015).
§ 67-506. Designation of laws by chapters.
Each act of the legislature shall, on becoming a law, be designated as “Chapter .... of the Laws of ....,” adding its chapter number and the year in which it becomes a law; and in respect to each session of the legislature, the laws enacted at such session shall be numbered consecutively in the order, as nearly as may be practicable, in which they become laws, each year having its own independent series of consecutive chapter numbers. Whenever a bill has been duly certified as having become a law and has been deposited with the laws in the office of the secretary of state, as provided by law, it shall be the duty of the secretary of state to designate such law by its appropriate chapter number, as hereinbefore provided, and to mark such designation upon such law; and thereafter, such law, whenever cited, enumerated, referred to or amended, may be designated simply as “Chapter .... of the Laws of ....,” adding its chapter number and the year in which it became a law.
History.
1911, ch. 59, § 1, p. 159; reen. C.L., § 67a; C.S., § 109; I.C.A.,§ 65-506.
STATUTORY NOTES
CASE NOTES
Cited
Vandenberg v. Welker, 74 Idaho 508, 264 P.2d 1029 (1953).
§ 67-507. Proposal of constitutional amendments.
Amendments to the Constitution may be proposed by joint resolution in either house of the legislature of this state, and if the same shall be voted for by two-thirds (2/3) of all the members of each of the two (2) houses, voting separately, in the manner provided by section 1, of article 20, of the Constitution, the amendment or amendments proposed shall be submitted to the electors of this state for adoption or rejection in the manner provided by the election laws of the state.
History.
1890-1891, p. 229, § 1; reen. 1899, p. 162, § 1; am. R.C., § 68; reen. C.L., § 68; C.S., § 110; I.C.A.,§ 65-507.
STATUTORY NOTES
Cross References.
Enrollment and preservation of amendments,§ 67-508.
§ 67-507a. Statement of meaning, purpose of proposed amendment. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised S.L. 1949, ch. 159, § 1, p. 346, was repealed by S.L. 1976, ch. 235, § 3. For present comparable law, see§§ 67-453 and 67-913.
§ 67-508. Enrollment and preservation of constitutional amendments.
Whenever any amendments to the Constitution shall have been proposed to and adopted by the electors of this state, as by this and the preceding section provided, the same shall be enrolled and numbered in the order of time in which they may be adopted, and preserved by the secretary of state among the public records of his office.
§ 67-509. Publication of legislative journals and session laws — Distribution and report.
- On the first legislative day or as soon thereafter as the speaker shall have been elected, it shall be the duty of the president of the senate and the speaker of the house of representatives each to appoint a printing committee for his body whose duties shall be, in addition to its duties prescribed by the rules of said bodies respectively, to immediately meet in joint session and to provide for the publication of the journals of the two (2) houses of the legislature. Said committee shall determine the form of the journals to be used, the size of the type, the number to be distributed to each member of the legislature and the method of distribution, the number of journals to be made available for sale through the secretary of state’s office, and the manner in which the journals are to be bound for the permanent copies of the journal. All costs incurred in publishing the journals shall be a proper charge against the legislative fund [legislative account], unless an appropriation for such purpose has been made.
- The joint printing committee of the senate and house of representatives shall exist to print, publish, and distribute the session laws. The joint printing committee will consist of the printing committees of each house. The chairmen of the respective judiciary and rules committees, or their designee, will chair their house’s printing committee and cochair the joint printing committee.
- Prior to the final adjournment of a regular legislative session, the joint printing committee must meet and determine the proper method of printing and preserving the session laws of that legislative session. The joint printing committee must give consideration to the cost, accessibility, and preservation of the session laws. The joint printing committee will provide sufficient physical copies of session laws.
- The published session laws must include the bills, concurrent resolutions, joint resolutions, petitions and memorials enacted or adopted during the legislative session. In addition, the session laws must include amendments to the constitution adopted at the preceding general election, and bills, concurrent resolutions, joint resolutions, and memorials enacted or adopted during an intervening extraordinary session of the legislature. The published session laws must include a title page, a table of contents, certificate pages, tables of amended and repealed statutes, an index of contents, and a list of each member of the senate and house of representatives.
History.
(5) Prior to the final adjournment of a regular legislative session, the printing committee of each house must meet jointly to consider the proper method to print and preserve the session laws. The joint printing committee will prepare a brief written report of its recommendations, which written report must be delivered to the judiciary and rules committees of the senate and the house of representatives. The written report must include the projected cost to implement its recommendation, together with a distribution list of persons that will be provided printed volume(s) of the session laws. If the written or amended report is rejected by the legislature by concurrent resolution, the joint printing committee will meet to reconsider its recommendations. If the written or amended report is not rejected, the joint printing committee will enter into an agreement(s) that is substantially consistent with its written or amended report to print, publish, and deliver the session laws, which costs will be paid from the legislative account. History.
1907, p. 327, § 1; am. R.C., § 70; reen. C.L., § 70; C.S., § 112; am. 1921, ch. 5, § 1, p. 6; am. 1931, ch. 8, § 1, p. 12; I.C.A.,§ 65-509; am. 1935, ch. 43, § 3, p. 79; am. 1965, ch. 17, § 1, p. 29; am. 1971, ch. 19, § 1, p. 33; am. 1977, ch. 232, § 1, p. 687; am. 2018, ch. 236, § 3, p. 555.
STATUTORY NOTES
Amendments.
The 2018 amendment, by ch. 236, in the section heading, inserted “and session laws” and added “and report”; designated the existing provisions as subsection (1); and added subsections (2) through (5).
Compiler’s Notes.
The bracketed insertion near the end of subsection (1) was added by the compiler to correct the name of the referenced account. See§ 67-451.
The “s” enclosed in parentheses so appeared in the law as enacted.
Effective Dates.
Section 2 of S.L. 1965, ch. 17 declared an emergency. Approved February 5, 1965.
Section 2 of S.L. 1971, ch. 19 declared an emergency. Approved February 11, 1971.
§ 67-510. Statutes and resolutions — When effective.
No act shall take effect until July 1 of the year of the regular session or sixty (60) days from the end of the session at which the same shall have been passed, whichever date occurs last, except in case of emergency, which emergency shall be declared in the preamble or body of the law.
Every joint resolution, unless a different time is prescribed therein, takes effect from its passage.
History.
R.S., §§ 155, 156; compiled and reen. R.C., § 71; reen. C.L., § 71; C.S., § 113; I.C.A.,§ 65-510; am. 1972, ch. 176, § 1, p. 444.
STATUTORY NOTES
Cross References.
Constitutional provision, Idaho Const., Art. III, § 22.
Compiler’s Notes.
Section 1 of S.L. 2009, ch. 343 provided: “If the First Regular Session of the Sixtieth Idaho Legislature has not adjourned sine die on or before May 2, 2009, all acts or sections of acts enacted by the First Regular Session of the Sixtieth Idaho Legislature and signed into law or allowed to become law by the Governor without his signature in which the entire act or sections of those acts would have been effective on July 1, 2009, had the Legislature adjourned sine die on or before May 2, 2009, shall be amended to have the act or the section of the act become effective on July 1, 2009, and an emergency is declared to exist and shall be deemed incorporated in the title of the bill and the preamble or the body of the law, as applicable. The provisions of this section shall not affect any act or section of an act signed into law or allowed to become law by the Governor without his signature, in which any effective date other than July 1, 2009, has been incorporated in the title of the bill and the preamble or the body of the law, as applicable.”
Effective Dates.
Section 2 of S.L. 1972, ch. 176 declared an emergency. Approved March 17, 1972.
CASE NOTES
Effective Date.
Cited
In the absence of a declared emergency, this section provides that, “no legislation shall take effect until July 1 of the year of the enactment or sixty (60) days from the end of the legislative session in which the legislation has been passed, whichever date occurs last.” Since the legislation containing the amendment to§ 23-903 had no emergency clause, the April 4, 1989, amendment to§ 23-903 became effective on July 1, 1989. The court rejected the county board of commissioners’ suggested interpretation of§ 67-511, that the effective date of an amendment to an existing statute is the date of enactment, and instead concluded that the effective date of the amendment to§ 23-903 was July 1, 1989, in accordance with the rule set down in this section. Fox v. Board of County Comm’rs, 121 Idaho 686, 827 P.2d 699 (Ct. App. 1991). Cited Gillesby v. Board of Comm’rs, 17 Idaho 586, 107 P. 71 (1910); Nims v. Gilmore, 17 Idaho 609, 107 P. 79 (1910); Employment Sec. Agency v. Joint Class “A” Sch. Dist. No. 151, 88 Idaho 384, 400 P.2d 377 (1965); V-1 Oil Co. v. State Tax Comm’n, 98 Idaho 140, 559 P.2d 756 (1977); Hunt v. Sun Valley Co., 561 F.2d 744 (9th Cir. 1977); Minich v. Gem State Developers, Inc., 99 Idaho 911, 591 P.2d 1078 (1979); State v. Groves, 109 Idaho 1006, 712 P.2d 707 (Ct. App. 1985).
RESEARCH REFERENCES
A.L.R.
§ 67-511. Effect of amendment.
Where a section or part of a statute is amended, it is not to be considered as having been repealed and reenacted in the amended form; but the portions which are not altered are to be considered as having been the law from the time when they were enacted and the new provisions are to be considered as having been enacted at the time of the amendment.
History.
R.S., § 157; reen. R.C. & C.L., § 72; C.S., § 114; I.C.A.,§ 65-511.
CASE NOTES
Effective Date.
Where a statute created two classes of district judges, those in office when the statute became effective and those elected later, a subsequent amendment of the statute, not affecting the classification provision, did not change the effective date of the statute for the purpose of determining the classification to the effective date of the amendment. State ex rel. Nelson v. McCarty, 76 Idaho 153, 279 P.2d 879 (1955).
Where a statute defining “covered employment” subject to the employment security tax “on and after January 1, 1962,” and enumerating certain exclusions, was amended in 1963 only as to one of the paragraphs pertaining to exclusions, the amendment did not relate back to January 1, 1962, but applied only to taxes accruing subsequent to the effective date of the amendment. Employment Sec. Agency v. Joint Class “A” Sch. Dist. No. 151, 88 Idaho 384, 400 P.2d 377 (1965).
In the absence of a declared emergency,§ 67-510 provides that, “no legislation shall take effect until July 1 of the year of the enactment or sixty (60) days from the end of the legislative session in which the legislation has been passed, whichever date occurs last.” Since the legislation containing the amendment to§ 23-903 had no emergency clause, the April 4, 1989 amendment to§ 23-903 became effective on July 1, 1989. The court rejected the county board of commissioners’ suggested interpretation of this section, that the effective date of an amendment to an existing statute is the date of enactment, and instead concluded that the effective date of the amendment to§ 23-903 was July 1, 1989, in accordance with the rule set down in§ 67-510. Fox v. Board of County Comm’rs, 121 Idaho 686, 827 P.2d 699 (Ct. App. 1991).
§ 67-512. Repeal of repealing act.
No act or part of an act, repealed by another act of the legislature, is revived by the repeal of the repealing act without express words reviving such repealed act or part of an act.
History.
1874, p. 858, § 1; am. R.S., § 158; reen. R.C. & C.L., § 73; C.S., § 115; I.C.A.,§ 65-512.
§ 67-513. Repeal of penal law.
The repeal of any law creating a criminal offense does not constitute a bar to the prosecution and punishment of an act already committed in violation of the law so repealed, unless the intention to bar such prosecution and punishment is expressly declared in the repealing act.
History.
1874, p. 858, § 2; am. R.S., § 159; reen. R.C. & C.L., § 74; C.S., § 116; I.C.A.,§ 65-513; am. 1984, ch. 24, § 1, p. 45.
STATUTORY NOTES
Effective Dates.
Section 2 of S.L. 1984, ch. 24 declared an emergency and made the act effective retroactive to July 1, 1983. Approved March 5, 1984.
CASE NOTES
Construction.
The amendment of a law on which a criminal proceeding was based did not prevent the prosecution for an offense committed prior to the amendment. State v. Koseris, 66 Idaho 449, 162 P.2d 172 (1945).
Prosecution of crimes committed under an act, whether by way of information or indictment, is not barred by repeal of act, since general savings clause continues provisions of repealed act as to crimes committed prior to repeal. Ellenwood v. Cramer, 75 Idaho 338, 272 P.2d 702 (1954).
Municipal Ordinances.
At common law, repeal of penal statute was bar to pending prosecution of offense committed before repeal. This rule generally obtains both as to statutes and municipal ordinances unless otherwise provided by repealing statute or ordinance. This section contains provision as to statutes, but there is no similar provision as to municipal ordinances. Moore v. Ashton, 36 Idaho 485, 211 P. 1082 (1922).
Purpose.
Cited
This section is a general saving clause to insure punishment of offenders, and preserves in force, in order to attain that end, statutes providing for punishment of offenders which are amended in such a way as to change or increase punishment and which would otherwise be subject to objection as ex post facto laws. In re Davis, 6 Idaho 766, 59 P. 544 (1899), aff’d sub nom, Davis v. Burke, 179 U.S. 399, 21 S. Ct. 210, 45 L. Ed. 249 (1900). Cited State v. Webb, 76 Idaho 162, 279 P.2d 634 (1955); State v. Nichols, 110 Idaho 823, 718 P.2d 1261 (Ct. App. 1986).
§ 67-514. Titles to bills.
The title to each legislative bill shall contain a specific phrase which expresses the subject matter of the bill. Such phrase may be the short title of the act, and shall be used in legislative journals to identify the bill upon introduction, along with other identification required by rules of the House of Representatives or Senate.
History.
I.C.,§ 67-514, as added by 1975, ch. 9, § 1, p. 14.
CASE NOTES
Cited
Sunshine Mining Co. v. Allendale Mut. Ins. Co., 107 Idaho 25, 684 P.2d 1002 (1984).
Chapter 6 EMPLOYEES OF LEGISLATURE
Sec.
§ 67-601 — 67-609. Employees of senate and house — Duties — Elections — Removal. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
These sections, which comprised 1890-1891, p. 5, §§ 1, 2, 4-10; reen. 1899, p. 3, §§ 1, 2, 4-10; reen. R.C. & C.L., §§ 75, 76, 78-84; C.S., §§ 117, 118, 120-126; I.C.A.,§§ 65-601, 65-602, 65-604 — 65-610; am. 1937, ch. 1, § 1, p. 3; 1947, ch. 3,§§ 1-3, p. 4, were repealed by S.L. 1969, ch. 256, § 1.
§ 67-610. Control of employees of the legislature.
The selection, removal, duties and compensation of employees of the legislature shall be prescribed by the rules of the house of representatives and the senate.
History.
1969, ch. 256, § 2, p. 792.
Chapter 7 LEGISLATIVE SERVICES OFFICE
Sec.
§ 67-701. Legislative services office.
There is hereby created under the direction of the legislative council the legislative services office which shall carry out the professional and nonpartisan responsibilities defined in this chapter. The legislative council shall appoint a director of the legislative services office who shall serve at the pleasure of the council and who may employ such employees and engage the services of such persons and agencies as may be necessary or desirable in the performance of the legislative council’s duties. Employees of the legislative services office are nonclassified, at-will employees and shall serve at the pleasure of the director.
History.
I.C.,§ 67-701, as added by 2009, ch. 52, § 11, p. 136.
STATUTORY NOTES
Cross References.
Legislative council,§ 67-427.
Prior Laws.
Former chapter 7 of title 67, which comprised the following sections, was repealed by S.L. 2009, ch. 52, § 2, effective March 24, 2009.
67-701. Office of legislative counsel created — Selection — Term. [1947, ch. 40, § 1, p. 43.]
67-702. Requirements for selection. [1947, ch. 40, § 2, p. 43.]
67-703. Duties of legislative counsel. [1947, ch. 40, § 3, p. 43.]
67-704. Assisting in preparation or consideration of bills upon request. [1947, ch. 40, § 4, p. 43.]
67-705. Office. [1947, ch. 40, § 5, p. 43.]
67-706. Compensation — Employees authorized. [1947, ch. 40, § 6, p. 43.]
67-707. Access to law library and official records of state. [1947, ch. 40, § 7, p. 43.]
67-708. Papers and records confidential — Exceptions. [1947, ch. 40, § 8, p. 43.]
Compiler’s Notes.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
§ 67-702. Audit function of legislative services office.
-
The legislative services office at the direction of the legislative council has authority to:
- Perform an annual audit of the statewide annual financial report prepared by the state controller in accordance with generally accepted government auditing standards.
- Perform an annual audit of federal financial assistance provided to the state that meets the requirements established by the federal government.
- Perform a management review of each executive department of state government at least once in a three (3) year period. Management reviews shall cover the period since the last review and may include evaluation of internal controls over financial and program activities and other matters related to the department’s operations.
- Provide audit services to any unit of state government or public institution that requests services, if authorized by the legislative council.
- Report to the attorney general all facts which may indicate malfeasance, illegal expenditure of public funds or misappropriation of public funds or public property for such investigation or action, civil or criminal, as the attorney general may deem necessary. The governor and state controller shall also be notified when the report is made to the attorney general pursuant to this subsection. The legislature shall be informed through the regular audit process pursuant to section 67-429, Idaho Code.
- Be the official repository of all audit reports of the state and political subdivisions that are required to be audited pursuant to sections 67-450B and 67-450C, Idaho Code.
- Report to the legislature annually no later than February 1 of each year on all land exchanged by the state board of land commissioners pursuant to section 58-138, Idaho Code, during the preceding year, and all appraisals and review appraisals conducted on such state endowment land exchanges pursuant to the provisions of section 58-138, Idaho Code.
- The legislative council reserves the right to audit or examine any and every fund in the state treasury and any institution, association, board or other defined entity created by, or that receives an appropriation from, the legislature.
History.
I.C.,§ 67-702, as added by 2009, ch. 52, § 11, p. 136; am. 2014, ch. 246, § 2, p. 615.
STATUTORY NOTES
Cross References.
Attorney general,§ 67-1401 et seq.
Legislative council,§ 67-427.
State controller,§ 67-1001 et seq.
State board of land commissioners, Idaho Const., Art. IX, § 7 and§ 58-101 et seq.
Amendments.
The 2014 amendment, by ch. 246, added paragraph (1)(g).
Compiler’s Notes.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
§ 67-703. Budget and policy analysis — Function of legislative services office.
The legislative services office at the direction of the legislative council has authority to:
- Provide the legislature with research and analysis of current and projected state revenue, state expenditure and state tax expenditures;
- Provide the legislature with a report analyzing the governor’s proposed levels of revenue and expenditures for budgets and supplemental budget requests submitted to the legislature;
- Provide an analysis of the impact of the governor’s proposed revenue and expenditure plans for the next fiscal year;
- Review and evaluate requests for appropriations, including proposed plans and policies related to such requests, and make recommendations to the joint finance-appropriations committee and the legislature in relation thereto;
- Prepare draft legislation, statements of purpose and fiscal notes that individually or collectively represent motions affirmatively voted upon by the senate finance and house of representatives appropriations committees to provide each state agency with an annual budget;
- Have access, with or without prior notice, during regular operating hours to any records or other documents maintained by any state agency relating to their expenditures, revenues, operations and structure;
- Conduct research on matters of economic and fiscal policy and report to the legislature on the result of the research;
- Provide economic reports and studies on the state of the state’s economy, including trends and forecasts for consideration by the legislature;
- Conduct budget and tax studies and provide general fiscal and budgetary information;
- Review and make recommendations on the operation of state programs in order to appraise the implementation of state laws regarding the expenditure of funds and to recommend means of improving their efficiency;
- Recommend to the legislature changes in the mix of revenue sources for programs, in the percentage of state expenditures devoted to major programs, and in the role of the legislature in overseeing state government expenditures and revenue projections;
- Make a continuing study and investigation of the building needs of the government of the state of Idaho, including, but not limited to, the following: the current and future requirements of new buildings, the maintenance of existing buildings, rehabilitating and remodeling of old buildings, the planning of administrative offices, and exploring the methods of financing buildings and related costs;
- Conduct studies of state and local finances, analyzing and making recommendations to the legislature on issues including levels of state support for political subdivisions, basic levels of local need, balances of local revenues and options, relationship of local taxes to individuals’ abilities to pay and financial reporting by political subdivisions; and
- Develop and make available to the legislature and its standing or special legislative committees such fiscal information as will assist the legislature or any legislative committee in its deliberations.
History.
I.C.,§ 67-703, as added by 2009, ch. 52, § 11, p. 136.
§ 67-704. Research and legislation — Function of legislative services office.
- The legislative services office at the direction of the legislative council shall have authority to prepare or assist in the preparation or amendment of legislative bills at the request of any committee or member of the senate or house of representatives. Upon request from the governor, lieutenant governor, attorney general, state controller, secretary of state, superintendent of public instruction or state treasurer, the legislative services office at the direction of the legislative council shall have authority to prepare legislative bills for such constitutional officer.
- In administering this section the legislative services office shall establish and maintain a legislative reference library.
- The legislative services office shall review and analyze administrative rules in accordance with section 67-454, Idaho Code, and perform other duties as required by the legislative council.
- The legislative services office is directed to furnish such secretarial and other staff assistance as the citizens’ committee on legislative compensation and the redistricting commission [commission for reapportionment] may require in the performance of their duties.
History.
I.C.,§ 67-704, as added by 2009, ch. 52, § 11, p. 136; am. 2009, ch. 224, § 1, p. 704.
STATUTORY NOTES
Cross References.
Attorney general,§ 67-1401 et seq.
Citizens’ committee on legislative compensation,§ 67-406a.
Governor,§ 67-801 et seq.
Legislative council,§ 67-427.
Lieutenant governor,§ 67-809.
Secretary of state,§ 67-901 et seq.
State controller,§ 67-1001 et seq.
Superintendent of public education,§ 67-1501 et seq.
State treasurer,§ 67-1201 et seq.
Amendments.
The 2009 amendment, by ch. 224, in the last sentence in subsection (1), deleted “From August 1 until December 1 of each year” from the beginning.
Compiler’s Notes.
The bracketed insertion in subsection (4) was added by the compiler to correct the name of the referenced agency. See§ 72-5201 et seq.
S.L. 2009, Chapter 52 became law without the signature of the governor, effective July 1, 2009.
Chapter 8 EXECUTIVE AND ADMINISTRATIVE OFFICERS — GOVERNOR AND LIEUTENANT-GOVERNOR
Sec.
§ 67-801. State executive officers enumerated.
The executive department shall consist of a governor, lieutenant-governor, secretary of state, state controller, state treasurer, attorney general and superintendent of public instruction.
History.
R.S., § 170; compiled from Const., art. 4, § 1, in R.C., § 85; reen. C.L., § 85; C.S., § 127; I.C.A.,§ 65-701; am. 1994, ch. 180, § 172, p. 420.
STATUTORY NOTES
Cross References.
Attorney general, election and qualifications,§ 34-612.
Governor, election and qualifications,§ 34-607.
Lieutenant-governor, election and qualifications,§ 34-608.
Proof of acts of executive,§ 9-315.
Secretary of state, election and qualifications,§ 34-609.
State controller, election and qualifications,§ 34-610.
State treasurer, election and qualifications,§ 34-611.
Superintendent of public instruction, election and qualifications,§ 34-613.
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.” Since such amendment was adopted, the amendment of this section by S.L. 1994, ch. 180, became effective January 2, 1995.
§ 67-802. Office of governor — Duties of governor.
The office of the governor shall be composed of: the state liquor division, as provided by chapter 2, title 23, Idaho Code; the military division, as provided by title 46, Idaho Code; the division of financial management; and such other divisions and units as are established or assigned by law, or created through administrative action of the governor.
The governor shall appoint an administrator for each division, with the advice and consent of the senate. Administrators shall serve at the pleasure of the governor, and shall be exempt from the provisions of chapter 53, title 67, Idaho Code. Other subordinate staff necessary to accomplish a division’s mission shall be subject to the provisions of chapter 53, title 67, Idaho Code.
The supreme executive power of the state is vested by section 5, article IV, of the constitution of the state of Idaho, in the governor, who is expressly charged with the duty of seeing that the laws are faithfully executed. In order that he may exercise a portion of the authority so vested, the governor is authorized and empowered to implement and exercise those powers and perform those duties by issuing executive orders from time to time which shall have the force and effect of law when issued in accordance with this section and within the limits imposed by the constitution and laws of this state. Such executive orders, when issued, shall be serially numbered for each calendar year and may be referred to and cited by such numerical designation and title. Each executive order issued hereunder shall be effective only after signature by the governor, attestation by and filing with the secretary of state, who shall keep a permanent register and file of such orders in the same manner as applies to acts of the legislature. In addition, each executive order required by chapter 52, title 67, Idaho Code, to be published in the administrative bulletin shall be filed with the administrative rules coordinator and published in the bulletin. Each such executive order issued by the governor must prescribe a date after which it shall cease to be effective, which shall be within four (4) calendar years of the effective date of such order, and if no date after which such order shall cease to be effective is contained in the order, then such order shall cease to be effective four (4) calendar years from the issuance thereof, unless renewed by subsequent executive order. The governor may modify or repeal any executive order by issuance of a new executive order. The procedures expressly set forth in this section shall be sufficient to make an executive order effective.
In addition to those powers prescribed above, and those prescribed by the constitution, the governor has the powers, and may perform the duties prescribed in this section and the following sections:
- To supervise the official conduct of all executive and ministerial officers.
- To see that all offices are filled, and the duties thereof performed, or, in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session.
- To make the appointments and supply the vacancies provided by law.
- He is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States.
- Whenever any suit or legal proceeding is pending in this state, or which may affect the title of this state to any property, or which may result in any claim against the state, he may direct the attorney general to appear on behalf of the state.
- He may require the attorney general or prosecuting attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this state.
- He may require the attorney general to aid any prosecuting attorney in the discharge of his duties.
- He may offer rewards not exceeding one thousand dollars ($1,000) each, payable out of the state treasury, for the apprehension of any convict who has escaped from the state prison, or of any person who has committed, or is charged with the commission of, an offense punishable with death; and also offer like rewards, not exceeding five hundred dollars ($500) each, in cases of felony, where the offense is not punishable with death.
- To perform such duties respecting fugitives from justice as are prescribed by the penal code.
- To issue and transmit election proclamations as prescribed by law.
- He may require any officer to make special reports to him in writing on demand.
- He has such other powers and may perform such other duties as are devolved upon him by any law of this state.
History.
R.S., § 180; am. 1890-1891, p. 198, § 1; reen. 1899, p. 135, § 1; reen., R.C. & C.L., § 90; C.S., § 128; I.C.A.,§ 65-702; am. 1974, ch. 22, § 2, p. 592; am. 1980, ch. 358, § 1, p. 922; am. 1980, ch. 361, § 1, p. 937; am. 1986, ch. 301, § 1, p. 750; am. 1993, ch. 216, § 98, p. 587; am. 2009, ch. 23, § 61, p. 53.
STATUTORY NOTES
Cross References.
Adjutant general, appointment,§ 46-111.
Administrative departments responsible to governor,§ 67-2401.
Administrative rules coordinator,§ 67-5202.
Bear River Compact commissioners, appointment and fixing remuneration,§§ 42-3501, 42-3504.
Constitutional provisions, Idaho Const., Article IV.
Contest of election, state executive offices, jurisdiction over,§ 34-2104.
Division of financial management,§ 67-1910.
Election of governor,§ 34-607.
Extradition,§ 19-4506.
Fish and game department, annual report of director,§ 36-106.
Governor designated chief budget officer,§ 67-3501.
Governor may solemnize marriages,§ 32-303.
Historic or archaeological sites, designation,§ 67-4115.
Idaho fish and game commission, appointment of,§ 36-102.
Initiative and referendum petitions, duties in connection with,§§ 34-1806, 34-1813.
Loyalty oath,§ 59-401.
Martial law, proclamation by,§ 46-602. National guard, duties respecting as commander in chief,§ 46-101 et seq.
National guard or militia, ordering out in state of extreme emergency,§ 46-601.
Property and fiscal officer for national guard, appointment,§ 46-108.
Rail passenger service negotiation for by governor,§ 67-807.
State soil and water conservation commission, appointment of members,§ 22-2718.
Supreme Court judges, election contests,§ 34-2004.
Supreme Court reports to be distributed to governor,§ 1-505.
Veterans affairs commission, appointment of members,§ 65-201.
Amendments.
The 2009 amendment, by ch. 23, substituted “state liquor division” for “state liquor dispensary” in the first paragraph.
Compiler’s Notes.
The penal code, referred to in paragraph 10, is no longer maintained as a separate part of the Idaho Code. It formerly contained Titles 18 to 20 of the Idaho Code.
Effective Dates.
Section 61 of S.L. 1974, ch. 22 provided that the act would be in full force and effect on and after July 1, 1974.
CASE NOTES
Extradition.
Before issuing warrant of arrest in extradition proceedings, governor of surrendering state need require no independent proof that accused is fugitive from justice apart from requisition papers. Pettibone v. Nichols, 203 U.S. 192, 27 S. Ct. 111, 51 L. Ed. 148 (1906); Moyer v. Nichols, 203 U.S. 221, 27 S. Ct. 121, 51 L. Ed. 160 (1906).
RESEARCH REFERENCES
Idaho Law Review.
Idaho Law Review. — Sound and Fury, Signifying Nothing: Nullification and the Question of Gubernatorial Executive Power in Idaho, Comment. 49 Idaho L. Rev. 659 (2013).
Idaho Administrative Law: A Primer for Students and Practitioners, Richard Henry Seamon. 51 Idaho L. Rev. 421 (2015).
§ 67-803. Transmission of list of appointments.
Within ten (10) days after the meeting of the legislature the governor must transmit to it a list of all the appointments made by him and not before communicated.
History.
R.S., § 181; reen. R.C. & C.L., § 91; C.S., § 129; I.C.A.,§ 65-703.
§ 67-804. Records of governor’s office.
The governor must cause to be kept the following records:
- A register of all applications for pardon or for commutation of any sentence, with a list of the official signatures and recommendations in favor of each application.
- A register of statements in capital cases made to him, with his action thereon.
- An account of all his disbursements of state moneys, and of all rewards offered by him for the apprehension of criminals and persons charged with crime.
- A register of all appointments made by him, with date of commission, names of appointee and predecessor.
- A record of all persons confined in the state prison, showing the name of the convict, his age and general appearance, when and where convicted, and of what crime, the time of his sentence, and when such time expires.
History.
R.S., § 182; reen. R.C. & C.L., § 92; C.S., § 130; I.C.A.,§ 65-704.
§ 67-805. Acting governor to perform same duties — Compensation of president pro tempore of the senate or speaker of the house of representatives when acting as governor.
- Every provision in the laws of this state in relation to the powers and duties of the governor and in relation to acts and duties to be performed by others toward him, extends to the person performing for the time being the duties of acting governor.
- Notwithstanding any other provisions of law to the contrary, when performing the duties of acting governor, the president pro tempore of the senate or the speaker of the house of representatives will receive, in addition to his daily legislative compensation, an amount equal to the difference between that daily legislative compensation and the daily salary of the governor.
History.
R.S., § 183; reen. R.C. & C.L., § 93; C.S., § 131; I.C.A.,§ 65-705; am. 1977, ch. 105, § 7, p. 222; am. 2009, ch. 29, § 1, p. 80.
STATUTORY NOTES
Amendments.
The 2009 amendment, by ch. 29, in the section catchline, added “— Compensation of president pro tempore of the senate or speaker of the house of representatives when acting as governor”; and added the subsection (1) designation and subsection (2).
§ 67-805A. Succession to office of governor.
- In case of the death, resignation, or permanent removal from office for any cause of the governor, the lieutenant governor shall succeed to all of the powers, duties and emoluments of the office of governor for the residue of the term, and shall be, in all respects, the governor of the state. Upon such succession, the office of lieutenant governor is vacant, and shall be filled as provided by law.
- In case of temporary inability to perform his duties, or in the case of his temporary absence from the state, the lieutenant governor shall perform such duties as acting governor until the disability is removed, or until the governor returns to the state.
- In any case in which the lieutenant governor succeeds to the office of governor, the president pro tempore of the senate shall serve as acting lieutenant governor until the office of lieutenant governor is filled.
History.
I.C.,§ 67-805A, as added by 1977, ch. 105, § 8, p. 222.
§ 67-806. Coordination of programs relating to the Idaho national engineering laboratory. [Repealed.]
§ 67-806A. [Amended and Redesignated.]
§ 67-807. Agreement for rail passenger service application.
In addition to any other powers and duties as are devolved upon him by law, the governor, or his authorized representative, may negotiate with the proper representatives of any other state, to establish an agreement to enable the state of Idaho, in concert with other states, to submit an application to the national railroad passenger corporation for the institution of railroad passenger service under the provisions of section 403(b) of the rail passenger service act, 45 U.S.C. 563(b). The governor may not participate in the submission of an application until the base agreement and any application have been approved by the legislature.
History.
I.C.,§ 67-807, as added by 1981, ch. 259, § 1, p. 550.
STATUTORY NOTES
Prior Laws.
A former§ 67-807, which comprised I.C.,§ 67-807, as added by 1955, ch. 33, § 1, p. 53 was repealed by S.L. 1974, ch. 22, § 1.
Federal References.
Section 403(b) of the rail passenger service act, 45 U.S.C. 563(b), referred to near the end of the first sentence, was repealed by Act July 5, 1994, P.L. 103-272. The national railroad passenger corporation is now known as Amtrak. See 49 USCS § 20101 et seq.
§ 67-808. Governor authorizing housing accommodation construction.
The governor of Idaho is hereby authorized, with the approval of the board of examiners and for and on behalf of the state of Idaho, to contract with competent parties for the construction of housing accommodations on state-owned real property used in the operation of any state institution (for use by state officers and employees working at such institution) and to similarly contract for the acquisition of real property, with or without a contractual provision for the construction of similar housing accommodations thereon, near to, and for use in connection with the operation of, any such institution.
Contracts for such accommodations on such state-owned land may provide that said accommodations shall not become a part of the realty, except as hereinafter provided, that the state of Idaho shall lease said accommodations for an agreed period of time and at an agreed consideration and that said accommodations shall become a part of the realty when the total agreed consideration has been paid by the state of Idaho.
History.
1957, ch. 223, p. 502; am. 2015, ch. 244, § 41, p. 1008.
STATUTORY NOTES
Cross References.
Board of examiners,§ 67-2001 et seq.
Amendments.
The 2015 amendment, by ch. 244, substituted “realty” for “reality” near the beginning of the second paragraph.
Compiler’s Notes.
The words enclosed in parentheses so appeared in the law as enacted.
§ 67-808a. Purchase of furnishings and accessories for governor’s residence authorized. [Repealed.]
Repealed by S.L. 2015, ch. 244, § 42, effective July 1, 2015. For present comparable provisions, see§§ 67-455 and 67-455A.
History.
1947, ch. 179, § 2, p. 437.
§ 67-808b. Maintenance and upkeep of governor’s residence. [Repealed.]
Repealed by S.L. 2015, ch. 244, § 43, effective July 1, 2015. For present comparable provisions, see§§ 67-455 and 67-455A.
History.
1947, ch. 179, § 3, p. 437.
§ 67-808c. Governor to occupy governor’s residence.
The governor of the state of Idaho may, during his term of office, for the convenience and benefit of the state of Idaho, occupy the governor’s residence as a residence.
History.
1947, ch. 179, § 4, p. 437; am. 1987, ch. 11, § 1, p. 15.
STATUTORY NOTES
Effective Dates.
Section 6 of S.L. 1947, ch. 179 declared an emergency. Approved March 12, 1947.
Section 2 of S.L. 1987, ch. 11 declared an emergency. Approved February 24, 1987.
§ 67-808d. Governor’s expense allowance.
In recognition of the duties that devolve upon the governor as the chief executive of this state, there is hereby set aside out of any moneys not otherwise appropriated from the general fund, the sum of $10,000. Such moneys shall be set aside from the general fund at the beginning of each fiscal biennium, and may be used by the governor at his discretion to assist in defraying expenses relating to or resulting from the discharge of his official duties. Such moneys shall be accounted for solely on the certificate of the governor, and the provisions of chapter 36, title 67, Idaho Code, and section 67-3516, Idaho Code, do not apply to such expense allowance.
History.
I.C.,§ 67-808d, as added by 1969, ch. 273, § 1, p. 815.
STATUTORY NOTES
Cross References.
General fund,§ 67-1205.
§ 67-809. Duties of lieutenant governor — Actual and necessary expenses — Compensation of senate president pro tempore when acting as lieutenant governor.
- The lieutenant governor shall perform on a day to day basis such duties in and for the government of this state as the governor may from time to time direct. The lieutenant governor shall perform such additional duties as the governor may deem necessary and desirable to promote the improvement of state government and the development of the human, natural and industrial resources of this state. At the written direction of the governor, the lieutenant governor may represent the state in negotiations, compacts, hearings and other matters dealing with the states or the federal government. He shall cooperate with all state and local governmental agencies to promote and encourage the orderly development of the resources of Idaho.
-
The lieutenant governor shall be entitled to receive the following expense allowances:
-
As unvouchered expense allowances:
- While performing the duties of acting governor, the difference between the daily salary of lieutenant governor and the daily salary of governor, which amount shall be in addition to the salary as lieutenant governor. Such amount shall not be paid for any day on which the lieutenant governor claims an unvouchered expense allowance as president of the senate.
- For each day spent serving as president of the senate during a legislative session, the per diem authorized for a member of the legislature by the citizen’s [citizens’] committee on legislative compensation.
- Actual mileage expense reimbursement for coming to and returning from any regular, extraordinary or organizational session of the legislature at the same rate as mileage expense reimbursement is made for other state officers and employees.
- For each day actually spent in the office serving as lieutenant governor while the legislature is not in session, the same daily amount of per diem enumerated in subsection (2)(a)(ii) of this section.
- For each day actually spent in the office serving as lieutenant governor when the legislature is not in session, the sum of twenty-five dollars ($25.00) if the lieutenant governor maintains his primary residence in Ada county.
-
As vouchered expense allowances:
- Actual and necessary expenses incurred while serving as president of the senate during a legislative session, subject to the same requirements and limitations as if a member of the legislature.
- Actual and necessary expenses incurred while serving as lieutenant governor or as acting governor.
-
As unvouchered expense allowances:
- Unvouchered expense allowances and vouchered expense reimbursement for duties performed as president of the senate shall be paid from the legislative fund [legislative account]. All other compensation and/or allowances for duties performed as the lieutenant governor shall be paid from the appropriation made for the office of the lieutenant governor.
- The actual and necessary expenses of the lieutenant governor while performing his official duties as lieutenant governor or as acting governor are hereby expressly exempted from the provisions of sections 67-2007 and 67-2008, Idaho Code (Standard Travel Pay and Allowance Act of 1949).
- Notwithstanding any other provisions of law to the contrary, when performing the duties of acting lieutenant governor, the president pro tempore of the senate will receive, in addition to his daily legislative compensation, an amount equal to the difference between that daily legislative compensation and the daily salary of the lieutenant governor.
The lieutenant governor shall also exercise the powers and privileges of the office of governor and presidency of the senate as provided by sections 12 and 13, article IV of the constitution of the state of Idaho.
History.
1959, ch. 48, § 1, p. 103; am. 1967, ch. 232, § 1, p. 685; am. 1967, ch. 407, § 1, p. 1218; am. 1969, ch. 282, § 1, p. 855; am. 1977, ch. 283, § 1, p. 815; am. 1984, ch. 203, § 2, p. 499; am. 2001, ch. 269, § 1, p. 975; am. 2009, ch. 29, § 2, p. 80.
STATUTORY NOTES
Amendments.
The 2009 amendment, by ch. 29, in the section catchline, added “— Compensation of senate president pro tempore when acting as lieutenant governor”; and added subsection (5).
Compiler’s Notes.
The bracketed insertion in paragraph (2)(a)(ii) was added by the compiler to correct the name of the referenced committee. See§ 67-406a.
The bracketed insertion in subsection (3) was added by the compiler to correct the name of the referenced account. See§ 67-451.
The words enclosed in parentheses so appeared in the law as enacted.
Although the title of S.L. 1977, Chapter 283 contained a statement “declaring an emergency and providing for retroactive application,” chapter 283, as signed by the governor did not contain any emergency clause or provision for retroactive application.
§ 67-810. Employees.
The lieutenant-governor is authorized to employ such necessary help in the performance of his official duties as shall be necessary, and the cost and expense thereof shall be paid out of the regular appropriation for the lieutenant-governor.
History.
I.C.,§ 67-810, as reen. by S.L. 1967, ch. 232, § 2, p. 685; am. 1977, ch. 283, § 2, p. 815.
STATUTORY NOTES
Prior Laws.
Section 2 of S.L. 1967, ch. 232 repealed former§ 67-810, comprising S.L. 1959, ch. 48, § 2, p. 103, and reenacted the section in its present form.
§ 67-811. Display of governors’ pictures.
A display of the separate pictures of each governor of Idaho, from territorial days to the present, is hereby authorized. The location of the display shall be on the walls of the second floor hallway in the west end of the statehouse.
History.
1965, ch. 103, § 1, p. 189.
§ 67-812. Additions to exhibit — Cost.
Each governor shall henceforth keep this exhibit up to date by adding thereto his own photograph, of comparable size and quality, and the cost thereof shall be paid from his office budget.
History.
1965, ch. 103, § 2, p. 189.
STATUTORY NOTES
Effective Dates.
Section 4 of S.L. 1965, ch. 103 declared an emergency. Approved March 8, 1965.
§ 67-813. Establishment of governor-elect transitional fund.
There is hereby established in the state treasury a fund to be known and designated as the “governor-elect transitional fund.” All moneys in the governor-elect transitional fund are perpetually appropriated and dedicated for the purposes set forth in this act.
History.
1969, ch. 42, § 1, p. 107.
STATUTORY NOTES
Compiler’s Notes.
The term “this act” at the end of this section refers to S.L. 1969, Chapter 42, which is compiled as§§ 67-813 to 67-817.
§ 67-814. Certification of election of governor-elect by secretary of state.
As soon as possible after every general election at which a governor-elect has been elected, the secretary of state shall certify to the administrator of the division of financial management and to the state controller the fact of such election.
History.
1969, ch. 42, § 2, p. 107; am. 1994, ch. 180, § 173, p. 420.
STATUTORY NOTES
Cross References.
Administrator of division of financial management,§ 67-1910.
State controller,§ 67-1001 et seq.
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.” Since such amendment was adopted, the amendment of this section by S.L. 1994, ch. 180, became effective January 2, 1995.
§ 67-815. Facilities to be furnished by director of the budget.
The director of the budget shall, upon request by every governor-elect, furnish the following services and facilities to the governor-elect from moneys set aside in the governor-elect transitional fund:
- Suitable office space, furniture, fixtures and equipment;
- Payment of salaries and expenses of staff personnel designated by the governor-elect;
- Payment of travel expenses for the governor-elect and his staff personnel;
- Payment of incidental office expenses, including postage, communications and supplies.
History.
1969, ch. 42, § 3, p. 107.
STATUTORY NOTES
Cross References.
Governor-elect transitional fund,§ 67-813.
§ 67-816. Time during which fund is available to governor-elect.
The moneys authorized for use of the governor-elect as herein provided shall be available from the date of certification as provided in section 67-814[, Idaho Code,] til the governor-elect officially assumes the office of governor.
History.
1969, ch. 42, § 4, p. 107.
STATUTORY NOTES
Compiler’s Notes.
The phrase “as herein provided” refers to S.L. 1969, Chapter 42, which is codifed as§§ 67-813 to 67-817.
The bracketed insertion near the middle of the section was added by the compiler to conform to the statutory citation style.
§ 67-817. Incumbent governor, when governor-elect, prohibited from using fund.
In the case where the governor-elect is the incumbent governor, there shall be no expenditures of funds for the provision of services and facilities to such incumbent under this act.
History.
1969, ch. 42, § 5, p. 107.
STATUTORY NOTES
Compiler’s Notes.
The term “this act” at the end of this section refers to S.L. 1969, Chapter 42, which is compiled as§§ 67-813 to 67-817.
§ 67-818. Coordination of policy and programs related to threatened species and endangered species in Idaho.
- There is hereby created in the office of the governor, the “Office of Species Conservation.” The administrator of the office of species conservation shall be the official in the state designated to oversee implementation of federal recovery plans, as provided in 16 U.S.C. section 1533(f), and to fulfill the duties provided by this section. The administrator shall be appointed by, and serve at the pleasure of, the governor and shall be subject to confirmation by the state senate.
-
The duties of the office of species conservation shall include:
- Coordination of all state departments and divisions with duties and responsibilities affecting endangered species, threatened species, candidate species, species petitioned to be listed, and rare and declining species as defined in section 36-2401, Idaho Code;
- Coordinating state implementation and response to federal recovery plans, biological opinions, guidance and projects among all state and local governments in the state of Idaho;
- Participation in regional efforts to cooperatively address endangered species, threatened species, candidate and petitioned species, and rare and declining species;
- Providing input and comment to federal and state agencies, and tribes on issues relating to endangered species, threatened species, candidate and petitioned species, and rare and declining species;
- Cooperating and consulting with the department of fish and game, the department of lands, the department of water resources, the department of agriculture, and the department of parks and recreation regarding agreements pursuant to 16 U.S.C. section 1533, 16 U.S.C. section 1535 and 16 U.S.C. section 1539;
- Negotiating agreements with federal agencies concerning endangered species, threatened species, candidate species, petitioned species, and rare and declining species including, but not limited to, agreements pursuant to 16 U.S.C. section 1533(d) and 16 U.S.C. section 1539(a), other than those agreements negotiated pursuant to 16 U.S.C. section 1535;
- Providing the people of the state of Idaho with an ombudsman who can listen to citizens being harmed or hindered by the regulations of the ESA and direct them to the appropriate state or federal agency and/or speak on their behalf, as deemed appropriate by the ombudsman, to address issues or concerns related to the ESA;
- Serve as a repository for agreements and plans among governmental entities in the state of Idaho for the conservation of rare and declining species, petitioned, candidate, threatened and endangered species.
-
State policy and management plans developed pursuant to this section shall be developed in accordance with the following subsections:
- State policy on rare and declining, petitioned, candidate, threatened, and endangered species and state management plans shall be developed in consultation with the appropriate state agencies. The appropriate state agency for wildlife and plant management issues is the department of fish and game. The appropriate state agency for timber harvest activities, oil and gas exploration activities and for mining activities is the department of lands. The appropriate state agencies for agricultural activities are the department of agriculture and the Idaho state soil and water conservation commission. The appropriate state agency for public road construction is the transportation department. The appropriate state agency for water rights is the department of water resources. The appropriate state agency for water quality is the department of environmental quality. The appropriate state agency for outfitting and guiding activities is the Idaho outfitters and guides licensing board; (b) State management plans shall be the policy of the state of Idaho, but are subject to legislative approval, amendment or rejection by concurrent resolution. State management plans shall be subject to public notice and comment but shall not be subject to judicial review.
- The governor’s office of species conservation shall prepare a report to the legislature recommending a plan to develop state conservation assessments and strategies for rare and declining species in the state of Idaho and submit that report and recommendation to the legislature. The report and recommendation are subject to legislative approval, amendment or rejection by concurrent resolution.
- The state asserts primacy over the management of its fish, wildlife and water resources. Accordingly, any introduction or reintroduction of any aquatic or terrestrial species onto lands within the state or into state waters, including those actions that would impair or impede the state’s primacy over its land and water, without state consultation and approval is against the policy of the state of Idaho and is hereby prohibited.
- No provision of this section shall be interpreted as to supersede, abrogate, injure or create rights to divert or store water and apply water to beneficial uses established under section 3, article XV, of the constitution of the state of Idaho, and title 42, Idaho Code.
History.
I.C.,§ 67-818, as added by 2000, ch. 270, § 3, p. 77; am. 2001, ch. 103, § 99, p. 253; am. 2003, ch. 129, § 5, p. 379; am. 2005, ch. 402, § 1, p. 1367; am. 2010, ch. 279, § 33, p. 719; am. 2013, ch. 149, § 1, p. 346; am. 2017, ch. 136, § 1, p. 328.
STATUTORY NOTES
Cross References.
Department of agriculture,§ 22-101 et seq.
Department of environmental quality,§ 39-104.
Department of fish and game,§ 36-101 et seq.
Department of lands,§ 58-101 et seq.
Department of parks and recreation,§ 67-4218 et seq.
Department of water resources,§ 42-1701 et seq.
Idaho outfitters and guides licensing board,§ 36-2105.
Idaho state soil and water conservation commission,§ 22-2718.
Idaho transportation department,§ 40-501 et seq.
Amendments.
The 2010 amendment, by ch. 279, substituted “Idaho state soil and water conservation commission” for “soil conservation commission” in the fourth sentence in paragraph (3)(a).
The 2013 amendment, by ch. 149, inserted subsection (5) and renumbered former subsection (5) as subsection (6). The 2017 amendment, by ch. 136, in subsection (5), in the first sentence, inserted “and water resources”, in the second sentence, substituted “aquatic or terrestrial” for “federally listed” and added “and is hereby prohibited” at the end.
Effective Dates.
Section 5 of S.L. 2000, ch. 270 declared an emergency. Approved April 12, 2000.
Section 2 of S.L. 2005, ch. 402 declared an emergency. Approved April 15, 2005.
RESEARCH REFERENCES
Idaho Law Review.
Idaho Law Review. — Rethinking the ESA’s “Orderly Progression” — Recovery Credit Systems and Energy Development on Public Lands, Carlos R. Romo. 49 Idaho L. Rev. 471 (2013).
One Bird Causing a Big Conflict: Can Conservation Agreements Keep Sage Grouse off the Endangered Species List?, Comment. 49 Idaho L. Rev. 621 (2013).
The Original Role of the States in the Endangered Species Act, John Copeland Nagle. 53 Idaho L. Rev. 385 (2017).
§ 67-819. Funding — Account created.
- The governor’s office of species conservation may accept private contributions, federal funds, funds from other public agencies or any other source. The moneys shall be used solely for the purposes provided in section 67-818, Idaho Code, and be expended and accounted for as provided by law.
- There is hereby established in the state treasury the species conservation fund which shall consist of all moneys received pursuant to subsection (1) of this section. Moneys in the species conservation fund shall be used for purposes described in section 67-818, Idaho Code.
History.
I.C.,§ 67-819, as added by 2000, ch. 270, § 4, p. 770.
STATUTORY NOTES
Effective Dates.
Section 5 of S.L. 2000, ch. 270 declared an emergency. Approved April 12, 2000.
§ 67-820. Flags flown at half-staff — Death in line of duty for police, firefighters, paramedics or EMTs.
- The governor, upon timely notification and verification of the death of a federal, state or local law enforcement officer, firefighter, paramedic or emergency medical technician who is employed or volunteering for an agency in the state of Idaho and who died in the line of duty, shall direct that the flag of the United States and the state flag be flown at half-staff, from the time of notification to the governor until the day following the memorial service, at the state capitol building and at other state and local government buildings. The flags shall be flown upon an existing flagstaff or flagstaffs or, at the option of the governor, a flagstaff or flagstaffs erected at an appropriate site, after consultation with organizations representing law enforcement officers, firefighters, paramedics or emergency medical technicians regarding the location and design of the flagstaff or flagstaffs. The flag flown over the capitol building in honor of the deceased shall be presented to the family.
- Except as prohibited by the United States flag code, the governor may direct that the flag of the United States be flown at half-staff at a monument honoring fallen service members, which directive shall be effective for a period of one (1) year and may be renewed by the governor annually. The governor may request the time, manner and condition of such direction in keeping with the traditions of the United States flag code.
History.
I.C.,§ 67-818, as added by 2000, ch. 273, § 1, p. 798; am. and redesig. 2005, ch. 25, § 121, p. 82; am. 2015, ch. 336, § 1, p. 1268.
STATUTORY NOTES
Amendments.
The 2015 amendment, by ch. 336, designated the existing provisions in the section as subsection (1) and added subsection (2).
Federal References.
The United States flag code, referred to twice in subsection (2), is codified as 4 USCS § 1 et seq.
Compiler’s Notes.
Effective Dates.
Section 2 of S.L. 2000, ch. 273 declared an emergency. Approved April 13, 2000.
§ 67-821. Coordination of policy and programs related to drug and substance abuse.
- There is hereby established in the office of the governor the “Office of Drug Policy.” The administrator of the office of drug policy shall be the official in the state designated to oversee and execute the coordination of all drug and substance abuse programs within the state of Idaho. The administrator shall be appointed by and shall serve at the pleasure of the governor, and shall be subject to confirmation by the state senate.
-
The office of drug policy shall:
- Cooperate and consult with counties, cities and local law enforcement on programs, policies and issues in combating Idaho’s illegal drug and substance abuse problem;
- Serve as a repository of agreements, contracts and plans concerning programs for combating illegal drug and substance abuse from community organizations and other relevant local, state and federal agencies and shall facilitate the exchange of this information and data with relevant interstate and intrastate entities;
- Provide input and comment on community, tribal and federal plans, agreements and policies relating to illegal drug and substance abuse; and
- Coordinate public and private entities to develop, create and promote statewide campaigns to reduce or eliminate substance abuse.
History.
I.C.,§ 67-821, as added by 2007, ch. 69, § 1, p. 183; am. 2012, ch. 107, § 14, p. 284.
STATUTORY NOTES
Amendments.
The 2012 amendment, by ch. 107, deleted former subsection (3), which read: “The administrator shall act as chairperson of the interagency committee on substance abuse prevention and treatment, as created in section 39-303, Idaho Code, to ensure that the interagency committee coordinates and directs all state entities regarding substance abuse prevention and treatment delivery services statewide.”
Effective Dates.
Section 4 of S.L. 2007, ch. 69 declared an emergency. Approved March 13, 2007.
§ 67-822. [Reserved.]
- There is hereby created in the office of the governor the “Science, Technology, Engineering and Math (STEM) Action Center” and the STEM action center advisory board. The administrator of the STEM action center shall be the official in the state designated to coordinate and oversee implementation of STEM programs; to promote STEM through best practices in education to ensure connection with industry and Idaho’s long-term economic prosperity; to produce an Idaho STEM-competitive workforce to offer better access to competitive employment opportunities; and to drive student experience, engagement and industry alignment by identifying and implementing public and higher education STEM best practices to transform workforce development.
-
The STEM action center advisory board shall consist of the following nine (9) members:
- The director of the department of commerce, or his designee;
- The director of the department of labor, or his designee;
- One (1) member of the state board of education;
- The superintendent of public instruction, or her designee; and
- Five (5) members appointed by the governor, who shall serve at the pleasure of the governor for terms of three (3) years, and who shall be residents of the state and represent manufacturing or STEM-related industries. The board’s chairman will be elected annually by the members of the board.
- The terms of the first board shall be staggered with three (3) appointments expiring July 1, 2018; three (3) appointments expiring July 1, 2019; and three (3) appointments expiring July 1, 2020. Thereafter, the term of office for each member shall be three (3) years.
- A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment and for the balance of the unexpired term.
-
The duties of the STEM action center shall include:
- Coordinate all state departments and divisions on STEM-related activities;
- Perform industry needs and education process foci on industry career talent, gap analysis and needs assessment to lead future STEM teacher professional development activities and goals;
- Align public education STEM activities with higher education STEM activities;
- Identify and coordinate best practices among public education and higher education;
- Strategically engage industry, business and public or government entities to cooperate with the STEM action center and focus outcomes and goals on workforce needs and opportunities;
- Support high-quality professional development focused on career readiness and talent development and provide other assistance for educators and students;
-
Work cooperatively with the Idaho department of education and the Idaho state board of education to define and implement pilot programs and select schools to:
- Further STEM education;
- Ensure that best practices are implemented; and
- Integrate research and document results of that research; and
- Engage private entities to provide additional funding and/or in-kind employee time for STEM activities in schools supporting industry career readiness in addition to what is currently provided by private entities.
- The duties and oversight of the STEM action center shall not interfere or conflict with the duties and oversight of the state board of education.
-
As funding allows, the administrator of the STEM action center shall:
- Support high-quality professional development for educators regarding STEM education;
- Ensure that the STEM action center acts as a research and development center for tools and best practice in STEM education coordination and development;
-
Review and acquire STEM education-related instructional materials and products for:
- Educator high-quality professional development;
- Assessment, data collection, analysis and reporting; and
- Public school instruction; and
- Facilitate participation in interscholastic STEM-related competitions, fairs, expositions, camps and STEM education student programs;
- Engage private industry in the development and maintenance of the STEM action center and STEM action center projects;
- Use resources to bring the latest STEM content, 21st century skills and hands-on STEM education resources into public education classroom schools;
- Annually identify at least five (5) best practice innovations used in Idaho schools that have resulted in growth in interest and performance in STEM by students and teachers involved in pilot programs, math academies and STEM projects;
- Identify best practices being used outside the state and, as appropriate, develop and implement selected practices through pilot programs;
- As appropriate, join and participate in a national STEM network and collaborate with neighboring states in STEM program development;
- Identify performance changes linked to use of the best practices;
- Support best methods of high-quality professional development for STEM education in kindergarten through grade 12, including methods of high-quality professional development pilot programs that reduce cost and increase effectiveness, implement practices that support industry career readiness and talent development, and help educators learn how to most effectively implement STEM best practices, 21st century skills and STEM resources in classrooms;
-
Support targeted high-quality professional development for improved instruction in K-12 STEM education, including:
- Improved instructional materials and resources that are dynamic and engaging for students;
- Targeted instruction for students who traditionally avoid enrolling in STEM courses; (iii) Introduction of engaging engineering and other STEM programs;
- Use of applied instruction; and
- Introduction of other research-based methods that support student achievement in STEM areas; and
- Provide an Idaho best practices STEM resource database, including best practices from public education, higher education, informal STEM partners and other STEM-related entities.
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The administrator shall track and compare the growth of students participating in a STEM action center program to all other similarly situated students in the state, in the following STEM-related activities, at the beginning and end of each year:
- Public education high school graduation rates;
- The number of students taking STEM courses at an institution of public higher education;
- The number of students who graduate from an Idaho public school and begin a postsecondary education program; and
- The number of students, as compared to all similarly situated students, who are performing at grade level in STEM classes.
-
The STEM action center may:
- Enter into contracts for the purposes of this section; and
- Apply for, receive and disburse funds, contributions or grants from any source for the purposes set forth in this section.
-
The administrator shall report the progress of the STEM action center, including the information described in subsection (5) of this section, to the following groups once each year:
- The house and senate education committees;
- The governor’s office;
- The joint finance-appropriations committee; and
- The state board of education.
-
The report described in subsection (10) of this section shall include information that demonstrates the effectiveness of the program, including:
- The number of educators receiving high-quality STEM professional development;
- The number of students receiving services from the STEM action center and the number of students participating in STEM camps, academies, pilot programs and classroom STEM activities;
- A report on the STEM action center’s fulfillment of its duties; and
- Student performance of students participating in a STEM action center program.
History.
I.C.,§ 67-823, as added by 2015, ch. 304, § 1, p. 1202; am. 2018, ch. 23, § 1, p. 38; am. 2019, ch. 161, § 12, p. 526.
STATUTORY NOTES
Cross References.
Department of commerce,§ 67-4701 et seq.
Department of labor,§ 72-1333. State board of education,§ 33-101 et seq.
Superintendent of public instruction,§ 67-1501 et seq.
Amendments.
The 2018 amendment, by ch. 23, inserted “advisory” preceding “board” at the end of the first sentence in subsection (1) and in the introductory paragraph in subsection (2); substituted “three (3) years” for “four (4) years” in the first sentence in paragraph (2)(e); added present subsection (3), and redesignated former subsections (3) to (6) as subsections (4) to (7); substituted “industry, business and public or government entities” for “industry and business entities” near the beginning of paragraph (5)(e); deleted former subsection (7), which read: “The board may prescribe other duties for the STEM action center in addition to the responsibilities described in this section”; in subsection (9), deleted “board” preceding “may” at the end of the introductory paragraph and deleted former paragraph (c), which read: “Employ, compensate and prescribe the duties and powers of individuals necessary to execute the duties and powers of the board for the STEM action center”; and, in the introductory paragraph of subsection (10), substituted “administrator” for “board” at the beginning and “subsection (5)” for “subsection (4)” near the end.
The 2019 amendment, by ch. 161, added punctuation at the end of paragraph (9)(b).
§ 67-824. STEM education fund.
There is hereby created in the state treasury the STEM education fund to support the programs and priorities of the state in advancing science, technology, engineering and mathematics education. The STEM education fund may accept private contributions, moneys from other public agencies or moneys from any other source. The moneys shall be used solely for the purposes provided in section 67-823, Idaho Code, and be expended and accounted for as provided by law. All expenditures from the STEM education fund must be approved by the Idaho STEM action center advisory board.
History.
I.C.,§ 67-824, as added by 2016, ch. 140, § 1, p. 406; am. 2018, ch. 23, § 2, p. 38.
STATUTORY NOTES
Cross References.
STEM action center advisory board,§ 67-823.
Amendments.
The 2018 amendment, by ch. 23, inserted “advisory” near the end of the last sentence in the section.
§ 67-825. STEM action center advisory board — Meetings — Honorarium and expenses — Organization.
- The STEM action center advisory board shall hold no fewer than four (4) regular meetings annually at such time and place as may be directed by the board. Special meetings may be called by the chair at any time and place designated in such call.
- Each member shall be compensated as provided in section 59-509(c), Idaho Code.
- At its first meeting after the first day of July in each year, the STEM action center advisory board shall organize and shall elect from its membership a chairperson and a vice chairperson.
History.
I.C.,§ 67-825, as added by 2016, ch. 37, § 1, p. 87; am. 2018, ch. 23, § 3, p. 38.
STATUTORY NOTES
Cross References.
STEM action center advisory board,§ 67-823.
Amendments.
The 2018 amendment, by ch. 23, inserted “advisory” in the section heading, near the beginning of the first sentence in subsection (1) and near the middle of subsection (3).
§ 67-826. Idaho roadless rule implementation commission.
- There is hereby established in the office of the governor an Idaho roadless rule implementation commission, hereinafter referred to as the “commission.”
- The commission, in conjunction with the United States forest service, shall coordinate, advise, and propose projects, plans, and policies occurring within or affecting “Idaho roadless areas,” as defined in 36 CFR 294.21.
- The commission shall, as a part of its role of reviewing and proposing projects, plans, and policies for Idaho roadless areas, coordinate and advise on activities related to shared stewardship, good neighbor authority, forest health, and the protection of communities at risk from wildfire within and adjacent to Idaho roadless areas.
- The commission shall coordinate and develop policies related to the United States forest service’s implementation and interpretation of the Idaho roadless rule as codified in 36 CFR 294, subpart C.
- The commission shall, as necessary, enter into memoranda of understanding or other agreements with the United States forest service to cooperate on activities subject to the Idaho roadless rule as provided in 36 CFR 294, subpart C.
- The commission shall be supported by the governor’s office of species conservation. Support for the commission shall include but is not limited to working with the United States forest service staff to propose and support projects within and adjacent to Idaho roadless areas, coordinate commission meetings, and other tasks as assigned by the commission or the governor.
-
The members of the commission shall be appointed by and serve at the pleasure of the governor. The commission shall be composed of nine (9) to twelve (12) members. Three (3) members shall serve initial terms of four (4) years, three (3) members shall serve initial terms of three (3) years, and three (3) members shall serve initial terms of two (2) years. In the event that more than nine (9) members are appointed, such additional members shall serve initial terms of five (5) years. Following initial terms, members shall serve four (4) year terms. Members may be appointed from the following three (3) categories:
-
Individuals who:
- Represent developed outdoor recreation, off-highway vehicle users or commercial recreation activities;
- Represent energy or mineral development interests;
- Represent the commercial timber industry; or
- Hold a federal grazing lease or other federal land use lease.
-
Individuals who:
- Represent an environmental organization;
- Represent dispersed recreation activities;
- Represent archaeological and historical interests; or
- Represent a nationally or regionally recognized wildlife or sportsmen’s interest group.
-
Individuals who:
- Participated in the development of the Idaho roadless rule or were members of the roadless area conservation national advisory committee;
- Hold state, county, or local elected office; (iii) Represent an American Indian tribe within the state of Idaho; or
- Represent the public at large.
- To coordinate the acquisition and installation of all telecommunications equipment and facilities for the institutions of higher education and the elected officers in the executive branch;
- To coordinate the acquisition and installation of all telecommunications equipment and facilities for the legislative and judicial branches;
- Provided however, that the acquisition and installation of all public safety and microwave equipment shall be under the control of the military division.
-
Individuals who:
- There shall be a chairman and a vice chairman of the commission elected by a majority of the members of the commission. A majority of the commissioners shall constitute a quorum.
- The commission meetings shall, if determined warranted, be held semiannually or at other times upon the call of the chairman or a majority of the commission.
- The commission shall prepare and submit an annual report, on or before January 15 of each year, to the senate resources and environment committee and the house resources and conservation committee reflecting the actions of the commission pursuant to the provisions of this section and setting forth the membership of the commission.
History.
I.C.,§ 67-826, as added by 2018, ch. 27, § 1, p. 51; am. 2020, ch. 222, § 1, p. 654.
STATUTORY NOTES
Cross References.
Office of species conservation,§ 67-818.
Amendments.
The 2020 amendment, by ch. 222, rewrote the section to the extent that a detailed comparison is impracticable.
Compiler’s Notes.
For additional information on the United States forest service, referred to in this section, see https://www.fs.usda.gov .
§ 67-827. Coordination of policy and programs — Information technology services and cybersecurity.
- There is hereby established in the office of the governor the “Office of Information Technology Services.”
- The administrator of the office of information technology services shall be the official in the state designated to oversee and execute the coordination and implementation of all information technology services and cybersecurity policies within the state of Idaho. The administrator shall be appointed by and shall serve at the pleasure of the governor and shall be subject to confirmation by the senate.
History.
I.C.,§ 67-827, as added by 2018, ch. 258, § 1, p. 609.
§ 67-827A. Powers and duties.
The office of information technology services is hereby authorized and directed:
-
- (i) To control and approve the acquisition and installation of all telecommunications equipment and facilities for all departments and institutions of state government, except as provided in subparagraphs (ii), (iii) and (iv) of this paragraph; (1)(a)(i) To control and approve the acquisition and installation of all telecommunications equipment and facilities for all departments and institutions of state government, except as provided in subparagraphs (ii), (iii) and (iv) of this paragraph;
- In approving or coordinating the acquisition or installation of telecommunications equipment or facilities, the office shall first consult with and consider the recommendations and advice of the directors or executive heads of the various departments or institutions. Any acquisition or installation of any telecommunications equipment or facilities that is contrary to the office’s recommendation, or is not in harmony with the state’s overall plan for telecommunications and information sharing, shall be reported in writing to the governor and the legislature.
- To provide a system of telecommunications for all departments and institutions of state government. Funds received pursuant to this subsection shall be appropriated for payment of telecommunication and telephone charges incurred by the various agencies and institutions of state government.
- To provide a means whereby political subdivisions of the state may use the state telecommunications system, upon such terms and under such conditions as the office of information technology services may establish.
- To accept federal funds granted by congress or by executive order for all or any of the purposes of this chapter, as well as gifts and donations from individuals and private organizations or foundations.
- To oversee implementation of cybersecurity policies to foster risk and cybersecurity management telecommunications and decision-making with both internal and external organizational stakeholders.
- To coordinate and consult with state agencies and officials regarding information security needs.
- To coordinate with state agencies and officials on penetration tests and vulnerability scans of state technology systems in order to identify steps to mitigate identified risks.
- To coordinate with state agencies and officials to ensure that state agencies implement mandatory education and training of state employees and provide guidance on appropriate levels of training for various classifications of state employees.
- To coordinate with appropriate state agencies to create, coordinate, publish, routinely update and market a statewide cybersecurity website as an information repository for intelligence-sharing and cybersecurity best practices.
- To coordinate public and private entities to develop, create and promote statewide public outreach efforts to protect personal information and sensitive data from cyber threats. (l1) To promulgate and adopt reasonable rules for effecting the purposes of this act pursuant to the provisions of chapter 52, title 67, Idaho Code.
History.
I.C.,§ 67-827A, as added by 2018, ch. 258, § 2, p. 609.
§ 67-828. Office of information technology services may charge and receive payment for certain services to units of state government — Appropriation.
The office of information technology services is authorized to charge and receive payment for actual and necessary expenses incurred in providing services to any unit of state government under the provisions of this section. Any money received for services provided under the provisions of this section is hereby continually appropriated to the unit providing the services as compensation for such actual and necessary expenses.
History.
I.C.,§ 67-828, as added by 2018, ch. 258, § 3, p. 609.
STATUTORY NOTES
Cross References.
Office of information technology services,§ 67-827.
§ 67-829. Advance payments and interaccount transactions.
Any unit of the office of information technology services providing services to departments of state government as authorized in this chapter may charge and receive payment in advance of performance thereof for a period of time not to exceed the current appropriation of the department requesting such services. Such payments may be used for personnel costs and operating expenditures of the unit providing the services.
History.
I.C.,§ 67-829, as added by 2018, ch. 258, § 4, p. 609.
STATUTORY NOTES
Cross References.
Office of information technology services,§ 67-827.
§ 67-830. Declaration of purpose.
The legislature finds that advances in information technology and telecommunications present significant opportunities for the state of Idaho to improve the efficiency and productivity of state government, to encourage public access to government information and to enhance lifelong educational and training opportunities. The implications of these information technology and telecommunications advances require a centralized and coordinated strategic planning process involving the expertise and participation of experienced persons from both state government and the private sector. The establishment of the Idaho technology authority will facilitate a centralized approach to the acquisition and evaluation of necessary technical information and the informed development of a statewide strategic plan to ensure a coordinated approach to the design, procurement and implementation of information technology and telecommunications systems for both state government and the public.
History.
I.C.,§ 67-830, as added by 2018, ch. 258, § 5, p. 609.
STATUTORY NOTES
Cross References.
Idaho technology authority,§ 67-832.
§ 67-831. Definitions.
As used in this chapter:
- “Information technology” means all present and future forms of computer hardware, computer software and services used or required for automated data processing, computer-related office automation or telecommunications.
- “State agencies” means all state agencies or departments, boards, commissions, councils and institutions of higher education but shall not include the elected constitutional officers and their staffs, the legislature and its staffs or the judiciary.
- “Telecommunications” means all present and future forms of hardware, software or services used or required for transmitting voice, data, video or images over a distance.
History.
I.C.,§ 67-831, as added by 2018, ch. 258, § 6, p. 609.
§ 67-832. Idaho technology authority — Composition — Appointment and term of office — Reimbursement — Contracting for necessary services.
- An Idaho technology authority is hereby created within the office of information technology services. The authority shall consist of up to eighteen (18) members. The governor shall appoint up to two (2) members of the authority that shall include an information technology executive from private industry and an employee of state government. The remaining membership of the authority shall be comprised of the following: one (1) legislator appointed by the president pro tempore of the senate and one (1) legislator appointed by the speaker of the house of representatives to include one (1) legislator from each of the two (2) largest parties; one (1) person appointed by the chief justice of the supreme court to represent the judicial branch of state government; the state controller; the director of the department of administration; the director of the department of health and welfare; the director of the department of labor; the director of the transportation department; the director of the Idaho state police; the director of the department of correction; the chair of the Idaho geospatial council executive committee; the director of the legislative services office; the administrator of the office of information technology services; the administrator of the division of financial management in the office of the governor; the executive director of the state board of education; and the adjutant general of the military division in the office of the governor. The governor shall designate a member of the authority to act as chair and all appointed members of the authority shall serve at the pleasure of the appointing authority. An agency director may delegate responsibility to serve as a member of the authority to another senior management executive within the agency with authority for general agency operations whose responsibilities may include, but not be limited to, information technology operations.
- The authority shall hold no fewer than two (2) regular meetings annually at such time and place as may be directed by its chair. The authority may meet more frequently at the call of the chair or if requested by a majority of the authority’s members. Members of the authority shall serve with no salary or benefits, but are entitled to reimbursement as provided in section 59-509(b), Idaho Code.
- The authority may contract for professional services or assistance when necessary or desirable to carry out its powers and duties.
History.
I.C.,§ 67-832, as added by 2018, ch. 258, § 7, p. 609.
Compiler’s Notes.
For more information on the Idaho geospatial council — executive committees, referred to in subsection (1), see https://ita.idaho.gov/committees igc .
§ 67-833. General powers and duties of the authority.
The authority shall:
- Review and evaluate the information technology and telecommunications systems presently in use by state agencies;
- Prepare statewide short-range and long-range information technology and telecommunications systems plans to meet the needs of state agencies;
- Within the context of its strategic plans, establish statewide information technology and telecommunications policies, standards, guidelines, conventions and comprehensive risk assessment criteria that will assure uniformity and compatibility of such systems within state agencies;
- Recommend and coordinate the use and application of state agencies’ information technology and telecommunications resources;
- Review and approve large-scale information technology and telecommunications projects for state agencies including, but not limited to, risk assessment methodologies used by state agencies using authority risk assessment criteria;
- Review state agencies’ compliance with statewide information technology and telecommunications systems plans;
- Recommend cost-efficient procedures for state agencies’ acquisition and procurement of information technology and telecommunications systems;
- Upon request, provide technical expertise to state government and any other governmental entity;
- Maintain a continuous and comprehensive inventory of information technology and telecommunications systems within state agencies;
- In accordance with statutes governing the availability or confidentiality of public records and information, establish guidelines for the accessing of public information by the public;
- On an annual basis, publish a report of the activities of the authority for the governor and the legislature;
- Recommend the enactment or promulgation of any statutes or rules necessary to carry out the statewide information technology and telecommunications systems plans;
- Enter into contracts for professional services and assistance not otherwise available in state government;
- Encourage and promote cooperative information technology efforts and activities between the state, local government, private enterprise and the public;
- Encourage and support education and training opportunities relating to information technology and telecommunications; and
- Appoint subcommittees, delegate responsibilities and perform any additional functions consistent with the purpose of this act which are necessary and appropriate for the proper conduct of the authority.
History.
I.C.,§ 67-833, as added by 2018, ch. 258, § 8, p. 609.
STATUTORY NOTES
Compiler’s Notes.
The term “this act” in subsection (16) refers to S.L. 2018, Chapter 258, which is codified as§§ 67-827 through 67-837.
§ 67-834. Definitions.
As used in sections 67-835, 67-836 and 67-837, Idaho Code:
- “Geographic information” means data and datasets containing location information including, but not limited to, remotely sensed imagery, global positioning systems files, geospatially referenced computer-aided design files, digital cartographic products, spatially enabled databases, and geospatial datasets locating and describing features and their attributes on, above or under the earth.
- “Geographic information systems” or “GIS” means an information system capable of capturing, integrating, storing, editing, analyzing, managing, sharing, and displaying geographic information. A GIS involves computer hardware, software, networks and applications, as well as the people to operate, develop, administer and use them.
- “Metadata” means a description of the quality, currency, attributes, methods and other salient aspects of geographic and tabular information.
- “State agency” means all state agencies or departments, boards, commissions, councils and institutions of higher education but shall not include the elected constitutional officers and their staffs, the legislature and its staffs or the judiciary.
History.
I.C.,§ 67-834, as added by 2018, ch. 258, § 9, p. 609.
STATUTORY NOTES
Compiler’s Notes.
This section is similar to§ 67-5779, which was repealed by S.L. 2018, ch. 258, § 18, effective July 1, 2018.
§ 67-835. Integrated property records system — Transfer of responsibility.
The office of information technology services shall:
- Take possession and control of the state’s integrated property records system previously created pursuant to section 58-330, Idaho Code;
- Manage the state’s integrated property records system;
- Lead the establishment of a standard format, workflow and technical procedures to permit updating of the integrated property records system with geographic and other relevant data and information received from state agencies; and
- Lead the planning and deployment of multiagency enterprise use of the integrated property records system.
History.
I.C.,§ 67-835, as added by 2018, ch. 258, § 10, p. 609.
STATUTORY NOTES
Cross References.
Office of information technology services,§ 67-827.
Compiler’s Notes.
Section 58-330, referred to in subsection (1), was enacted by S.L. 2000, ch. 117, § 1 and repealed by S.L. 2008, ch. 332, § 1.
This section is similar to§ 67-5780, which was repealed by S.L. 2018, ch. 258, § 18, effective July 1, 2018.
§ 67-836. Agencies to provide records and data.
- Every state agency shall, no later than January 15, 2009, provide records in an electronic format acceptable to the department of administration of all interests in any real property owned, used or granted by it including, without limitation, records of ownership, leases, encumbrances, easements, rights-of-way leases or any other interest in real property. On and after July 1, 2018, and on a regular and continuous basis thereafter, every state agency shall update such records and provide any new records to the office of information technology services. Metadata will accompany all state agency records.
- For the purposes of this section, the Idaho transportation department shall provide highway right-of-way records from January 1, 2002, forward, augmented thereafter each time real property owned by the state of Idaho is affected as part of the Idaho transportation department’s regular course of business.
- For the purposes of this section, state agencies shall provide only records and geographic information that are subject to disclosure under chapter 1, title 74, Idaho Code, or that the agency has determined to disclose as a public record.
History.
I.C.,§ 67-836, as added by 2018, ch. 258, § 11, p. 609.
STATUTORY NOTES
Cross References.
Department of administration,§ 67-5701 et seq.
Office of information technology services,§ 67-827.
Transportation department,§ 40-501 et seq.
Compiler’s Notes.
This section is similar to§ 67-5781, which was repealed by S.L. 2018, ch. 258, § 18, effective July 1, 2018.
§ 67-837. Responsibility for quality.
In regard to any obligation on any state agency or other entity to provide records to the office of information technology services pursuant to section 67-835 or 67-836, Idaho Code, the obligation for quality remains with the originator and does not transfer to the office of information technology services by virtue of its receipt or by integration or other use of such records.
History.
I.C.,§ 67-837, as added by 2018, ch. 258, § 12, p. 609.
§ 67-823. Coordination of policy and programs related to science, technology, engineering and math education in Idaho.
Chapter 9 SECRETARY OF STATE
Sec.
§ 67-901. Custody of records.
The secretary of state is charged with the custody:
- Of all acts and resolutions passed by the legislature.
- Of the journals of the legislature.
- Of the great seal.
- Of all books, records, deeds, parchments, maps and papers, kept or deposited in his office pursuant to law.
- Of all executive orders issued by the governor pursuant to the provisions of section 67-802, Idaho Code.
History.
R.S., § 190; reen. R.C. & C.L., § 94; C.S., § 132; I.C.A.,§ 65-801; am. 1974, ch. 5, § 3; p. 23.
STATUTORY NOTES
Cross References.
Board of examiners, member of, Idaho Const., Art. IV, § 18.
Community college districts, oath of trustees to be filed with,§ 33-2106.
Entity filings in office of,§ 30-21-201.
Great seal,§ 59-1005.
Initiative and referendum petitions, duties of,§ 34-1801 et seq.
Loyalty oath,§ 59-401.
Oaths and affirmations, administration by,§ 9-1401.
Presidential election, certificate of election,§ 34-1501.
State board of canvassers, member of,§ 34-1211.
CASE NOTES
Legislative Journal.
This section places no obligation upon secretary with respect to legislative journal, except to receive same from clerk and record it. Burkhart v. Reed, 2 Idaho 503, 22 P. 1 (1889), aff’d, Clough v. Curtis, 134 U.S. 361, 10 S. Ct. 573, 33 L. Ed. 945 (1890).
Cited
Keenan v. Price, 68 Idaho 423, 195 P.2d 662 (1948); Rich v. Williams, 81 Idaho 311, 341 P.2d 432 (1959).
§ 67-902. Custodian of printed bills and amendments introduced in both houses.
At the close of each session, general or special, of the legislature of the state of Idaho the secretary of the senate and the chief clerk of the house of representatives shall compile and certify true and correct printed copies of all printed bills and all amendments thereto introduced in their respective houses and file such printed copies with the secretary of state of the state of Idaho. The secretary of state shall retain the custody of such printed bills and amendments thereto and the same shall constitute official records of the state of Idaho.
History.
1947, ch. 14, § 1, p. 14.
STATUTORY NOTES
Effective Dates.
Section 2 of S.L. 1947, ch. 14 declared an emergency. Approved February 5, 1947.
CASE NOTES
Cited
Worthen v. State, 96 Idaho 175, 525 P.2d 957 (1974).
§ 67-903. Duties of secretary of state.
- To keep a register of and file and attest the official acts of the governor, including all executive orders issued by him pursuant to the provisions of section 67-802, Idaho Code.
- To affix the great seal, with his attestation, to commissions, pardons, and other public instruments to which the official signature of the governor is required.
- To record in proper books all conveyances made to the state, and all articles of incorporation of domestic corporations filed in his office.
- To receive and record in proper books the official bonds of all the officers whose bonds are required to be filed with him.
- To take and file in his office receipts for all books distributed by him.
- To furnish on demand to any person paying the fees therefor a certified copy of all, or any part, of any law, record, or other instrument filed, deposited, or recorded in his office.
- To present to the legislature, at the commencement of each session thereof, a full account of all purchases made and expenses incurred by him on account of the state.
- To designate each act of the legislature which has become a law by its appropriate chapter number.
- To promulgate in accordance with chapter 52, title 67, Idaho Code, such rules and regulations as he deems necessary or proper in the performance of his duties.
History.
First seven subds. R.S., § 191; compiled and reen. R.C., § 95; reen. 1909, p. 364; am. 1913, ch. 141, § 1, p. 502; reen. C.L., § 95. Third subd. compiled and reen. C.L., § 95. Eighth subd. 1911, ch. 59, § 1, p. 159; reen. C.L., § 95. Ninth subd. based upon 1909, p. 358; 1913, ch. 10, § 1, p. 49; 1913, ch. 141, § 1, subds. 8, 9, p. 502; compiled and reen. C.L., § 95; C.S., § 133. Ninth subd. repealed by 1931, ch. 162, § 3, p. 274; I.C.A.,§ 65-802; am. 1974, ch. 5, § 4, p. 23; am. 1977, ch. 252, § 16, p. 738.
STATUTORY NOTES
Cross References.
Ballots for general elections, designing,§ 34-906.
Designation of legislative acts with chapter numbers,§ 67-506.
Independent presidential electors, certification,§ 34-711A.
Statutory agent under workmen’s compensation law for employers with no place of business in state,§§ 72-321, 72-735.
CASE NOTES
Refusal to Issue Commission.
Secretary of state may refuse to issue commission of appointment to a person not authorized by law to fill the same. Ingard v. Barker, 27 Idaho 124, 147 P. 293 (1915).
Signed Bills Unalterable.
When a bill, properly certified by the presiding officers of the two houses of the legislature, was presented to the governor and was approved and signed by him, no amendment or alteration of the bill so signed and approved could be made. Katerndahl v. Daugherty, 30 Idaho 356, 164 P. 1017 (1917).
§ 67-904. Joint publishing committee
Publication and distribution of session laws. [Repealed.]
Repealed by S.L. 2018, ch. 236, § 1, effective July 1, 2018. For present comparable provisions, see§ 67-509.
History.
I.C.,§ 67-904, as added by 2015, ch. 329, § 2, p. 1254.
STATUTORY NOTES
Prior Laws.
Former§ 67-904, Publication and distribution of laws — Procedure — Duties of joint printing committee, which comprised Based upon R.C., § 95, as am. 1909, p. 364, and 1913, ch. 141, § 1, p. 503, and upon R.C., § 96, subd. 6; 1909, p. 358; 1913, ch. 12, § 1, p. 49; compiled and reen. C.L., § 95a; C.S., § 134; am. 1923, ch. 78, § 1, p. 89; am. 1925, ch. 77, § 1, p. 110; am. 1927, ch. 175, § 1, p. 223; am. 1931, ch. 162, § 1, p. 274; I.C.A.,§ 65-803; am. 1933, ch. 204, § 1, p. 397; am. 1963, ch. 17, § 1, p. 151; am. 1972, ch. 231, § 1, p. 610; am. 1974, ch. 5, § 5, p. 23; am. 1993, ch. 216, § 99, p. 587, was repealed by S.L. 2015, ch. 329, § 1, effective July 1, 2015.
§ 67-905. Report of joint publishing committee. [Repealed.]
Repealed by S.L. 2018, ch. 236, § 2, effective July 1, 2018. For present comparable provisions, see§ 67-509.
History.
I.C.,§ 67-905, as added by 2015, ch. 329, § 3, p. 1254.
§ 67-906. Electronic filing system — Requirements — Rules.
-
The secretary of state may develop and implement a statewide electronic filing system to accommodate the electronic filing of records and documents that are required to be filed in the office of the secretary of state. If the secretary of state develops and implements a statewide electronic filing system under this section:
- The secretary of state shall establish a central database for all records and documents filed electronically with the secretary of state;
- The secretary of state may require users of the system to provide personal information, such as a user email address, physical address, or phone number, in order for the user to create an account from which the user can access the statewide electronic filing system. Such personal information gathered by the secretary of state for user account purposes shall be exempt from public disclosure as outlined in section 74-106(34), Idaho Code;
-
The secretary of state may adopt rules that:
- Provide procedures for entering data;
- Provide security and protection of information in the system and monitor the database and other components of the system to ensure that unauthorized entry is prevented;
- Require standardized information for entry into the system;
- Prescribe an identification procedure for a person filing records or other documents or otherwise accessing the system; and
- Require each individual who is required to sign a document that is filed electronically to be specifically identified as acknowledging the document and giving assent to the electronic filing through an identification procedure unique to that individual.
- All records filed and recorded in the statewide electronic filing system are subject to the same requirements as if those records had been filed in paper form, subject to the provisions of the uniform electronic transactions act, chapter 50, title 28, Idaho Code.
- All persons filing records in any type of electronic filing system established by the secretary of state are subject to the same civil and criminal penalties applicable to a person who would otherwise file the same record in a nonelectronic format.
History.
I.C.,§ 67-906, as added by 2017, ch. 146, § 1, p. 352.
STATUTORY NOTES
Prior Laws.
Former§ 67-906, Distribution of session laws and journals, which comprised R.S., § 192; reen. R.C., § 96; compiled and reen. C.L., § 96; C.S., § 135; am. S.L. 1931, ch. 162, § 2, p. 274; I.C.A.,§ 65-805; am. S.L. 1935, ch. 43, § 1, p. 79; am. S.L. 1953, ch. 184, § 1, p. 295; am. S.L. 1972, ch. 231, § 3, p. 610; am. S.L. 1977, ch. 232, § 3, p. 687; am. S.L. 2001, ch. 51, § 1, p. 93, was repealed by S.L. 2015, ch. 329, § 1, effective July 1, 2015. For present comparable provisions, see§ 67-509.
§ 67-907. Books distributed to officers
Property of state. [Repealed.]
Repealed by S.L. 2015, ch. 329, § 1, effective July 1, 2015.
History.
R.S., § 194; compiled and reen. R.C., § 97; reen. C.L., § 97; C.S., § 136; I.C.A.,§ 65-806; am. 1977, ch. 232, § 4, p. 687; am. 2001, ch. 51, § 2, p. 93.
§ 67-908. Expenses of distribution
Audit and payment. [Repealed.]
Repealed by S.L. 2015, ch. 329, § 1, effective July 1, 2015.
History.
R.S., § 195; compiled and reen. R.C., § 98; compiled and reen. C.L., § 98; C.S., § 137; I.C.A.,§ 65-807.
STATUTORY NOTES
Compiler’s Notes.
S.L. 2015, ch. 244, § 44 purported to amend this section, however S.L. 2015, ch. 329, § 1 repealed this section, effective July 1, 2015.
§ 67-909. Distribution of statutes to members of legislature.
The secretary of state is hereby empowered and directed to distribute the bound volumes and current pocket parts of the compiled statutes of Idaho to members of any legislature, when called for by proper action taken by either house, or by joint action of both; such copies shall be free from any mark or marks indicating that they are the property of the state and shall become the property of the member to whom delivered. Not more than one (1) set of bound volumes of the compiled statutes shall ever be distributed at state expense to any member of the legislature. All costs incurred in providing bound volumes of the compiled statutes to members of the legislature shall be a proper charge against the legislative fund [legislative account], unless an appropriation for such purpose has been made. Sets of pocket parts shall be provided to currently serving members of the legislature, and such sets shall be provided from the sets made available by the provisions of section 73-212, Idaho Code.
History.
1921, ch. 1, § 1, p. 3; I.C.A.,§ 65-808; am. 1977, ch. 232, § 5, p. 687; am. 2015, ch. 329, § 4, p. 1254.
STATUTORY NOTES
Amendments.
The 2015 amendment, by ch. 329, deleted “session laws and” preceding “statutes” in the section heading and deleted “certified copies of the session laws and” following “to distribute” near the beginning of the first sentence.
Compiler’s Notes.
The bracketed insertion near the end of the third sentence was added by the compiler to correct the name of the referenced account. See§ 67-451.
CASE NOTES
Cited
Koon v. Bottolfsen, 66 Idaho 771, 169 P.2d 345 (1946).
§ 67-910. Fees of secretary of state.
-
The secretary of state, for services performed in his office, shall charge and collect the following fees:
- For a copy of any law, resolution, record or other document or paper on file in his office, twenty-five cents (25¢) per page.
- For affixing certificate and seal of the state, ten dollars ($10.00).
- For filing and indexing any map or other paper where the fee for the same is not already fixed by law, four dollars ($4.00).
- For searching legislative journals for records of enacted and reenacted laws, and certifying to the same, ten dollars ($10.00).
- For certifying and attaching certificate to any state law, published in pamphlet form, which shall include comparing the same with the enrolled act, ten dollars ($10.00).
- For any other certificate required of the secretary of state, the fee for which is not hereinbefore prescribed, ten dollars ($10.00).
- For provision of electronic access to databases and provision of other automated data services, such fees as the secretary of state may require by duly promulgated administrative rule.
- The secretary of state may enter into agreements with private companies to provide access to services for which a fee is collected in accordance with subsection (1)(g) of this section. Such agreements may provide for the private company to collect the prescribed fee and remit such fee to the state treasurer on behalf of the secretary of state. The private company may also charge and collect a reasonable additional fee for its services.
- For all services not hereinbefore provided for, the secretary of state shall charge and collect such fees therefor as may now be provided by law, or as may be prescribed by the state board of examiners.
- No member of the legislature or state officer may be charged for any search relative to matters connected to the duties of their offices; nor may they be charged any fee for a certified copy of any law or resolution passed by the legislature relating to their official duties.
- In his discretion, the secretary of state may grant to persons, without charge, access to files in his office for the purpose of making copies if a benefit to his office will thereby be obtained.
- In the secretary of state’s discretion, a business entity filing may be deleted from the secretary of state’s files if the payment for the filing is not completed in a timely manner.
History.
R.S., § 196; am. 1901, p. 141, § 1; am. 1907, p. 215, § 1, reen. R.C. & C.L., § 99; C.S., § 138; I.C.A.,§ 65-809; am. 1955, ch. 153, § 1, p. 299; am. 1973, ch. 319, § 1, p. 683; am. 1977, ch. 252, § 17, p. 738; am. 1979, ch. 105, § 5, p. 251; am. 1988, ch. 236, § 1, p. 464; am. 1992, ch. 158, § 1, p. 512; am. 1993, ch. 338, § 4, p. 1268; am. 2002, ch. 124, § 1, p. 348.
STATUTORY NOTES
Cross References.
State board of examiners,§ 67-2001 et seq. State treasurer,§ 67-1201 et seq.
Veterans exempt from payment of fees in certain matters,§ 65-301 et seq.
Effective Dates.
Section 2 of S.L. 1955, ch. 153 declared an emergency. Approved March 12, 1955.
Section 2 of S. L. 1973, ch. 319 declared an emergency. Approved March 17, 1973.
Section 2 of S.L. 1988, ch. 236 declared an emergency. Approved March 29, 1988.
CASE NOTES
Cited
Allen Steel Supply Co. v. Bradley, 89 Idaho 29, 402 P.2d 394 (1965).
§ 67-911. Fee for filing articles of nonprofit corporations. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section which comprised S.L. 1907, p. 451, § 1; reen. R.C. & C.L., § 100; C.S., § 139; I.C.A.,§ 65-810; am. 1955, ch. 152, § 1, p. 298; am. 1977, ch. 252, § 18, p. 738 was repealed by S.L. 1979, ch. 105, § 6.
§ 67-912. Official bond.
The secretary of state must be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.
History.
R.S., § 197; am. R.C., § 101; reen. C.L., § 101; C.S., § 140; I.C.A.,§ 65-811; am. 1971, ch. 136, § 39, p. 522.
§ 67-913. Proposed constitutional amendment.
Whenever the legislature shall have directed the submission of a proposal to amend the constitution of the state of Idaho to the electors, the secretary of state shall provide for the publication of the statement of meaning and purpose, and the presentation of major arguments submitted by the legislative council, as well as the text of the proposed amendment. The information shall be published three (3) times, the first time to be not more than six (6) weeks preceding the election and the last time to be not more than seven (7) days preceding the election, in each newspaper qualified to print legal notices as defined in section 60-106, Idaho Code.
History.
I.C.,§ 67-913, as added by 1976, ch. 235, § 2, p. 827.
STATUTORY NOTES
Cross References.
Legislative council, duties regarding,§ 67-453.
CASE NOTES
Cure of Procedural Defects.
Where the materials published concerning proposed constitutional amendments sufficiently set forth the purpose and effect of the amendments to inform the public of the content, the statements of meaning and purpose sufficiently described the effect and impact of the proposed amendments, and the statements for and against them adequately reflected the principal arguments espoused by proponents and opponents, alleged procedural defects were cured by the election. Idaho Watersheds Project v. State Bd. of Land Comm’rs, 133 Idaho 55, 982 P.2d 358 (1999).
§ 67-914. Records infrequently used having official value — Removal.
Records filed with the secretary of state having an official value, but which are used infrequently, may, on order of the state board of examiners, be removed from the office of the secretary of state to any suitable place of storage.
History.
I.C.,§ 67-914, as added by 1977, ch. 209, § 1, p. 575.
STATUTORY NOTES
Cross References.
State board of examiners,§ 67-2001 et seq.
§ 67-915. Idaho Blue Book.
- The secretary of state shall compile and issue biennially an official directory of all state officers, state institutions, boards, commissions, and county officers of the state, to be known as the Idaho Blue Book, and include therein the information regarding their functions that the secretary of state considers most valuable to the people of the state, together with such other data and information as usually is included in similar publications.
- The secretary of state may distribute the Idaho Blue Book free of charge, under such regulations as the secretary of state may establish, to schools and to federal, state, county, and city officials of the state of Idaho. The copies distributed under this subsection shall not be sold.
The secretary of state shall determine a reasonable price, and charge such price, for each copy of the Idaho Blue Book distributed to the general public. The secretary of state may also establish a discount price for dealers in order to maintain a uniform price.
History.
I.C.,§ 67-915, as added by 1984, ch. 15, § 1, p. 17.
§ 67-916. Democracy fund.
-
There is hereby created in the state treasury in the office of the secretary of state the “Democracy Fund.” The purpose of the democracy fund is to provide funding for carrying out the activities for which payments are made to the state under the federal help America vote act of 2002 (P.L. 107-252) including, but not limited to:
- Establishing and maintaining accurate lists of eligible voters;
- Encouraging eligible voters to vote;
- Improving verification and identification of voters at the polling place;
- Improving equipment and methods for casting and counting votes;
- Recruiting and training election officials and poll workers;
- Improving the quantity and quality of available polling places;
- Educating voters about their rights and responsibilities;
- Assuring access for voters with physical disabilities;
- Carrying out other activities to improve the administration of elections in the state.
- The democracy fund shall consist of all moneys appropriated by the legislature, federal moneys that may be available for the purpose of improving Idaho’s election system, county matching funds and funds from any other source.
- All interest earned on the investment of idle moneys in the fund by the state treasurer shall be returned to the fund.
- Moneys deposited in, or remitted to, the democracy fund are continuously appropriated to the secretary of state for the purpose of paying the expenses of carrying out the activities for which payments are made to this state under the federal help America vote act of 2002 (P.L. 107-252).
History.
I.C.,§ 67-916, as added by 2002, ch. 237, § 1, p. 709; am. 2003, ch. 48, § 15, p. 181.
STATUTORY NOTES
Prior Laws.
Former§ 67-916, which comprised I.C.,§ 67-916, as added by 1996, ch. 218, § 4, p. 718., was repealed by S.L. 2000, ch. 152, § 1, effective July 1, 2000.
Another former§ 67-916 which comprised I.C.,§ 67-916, as added by 1992, ch. 166, § 1, p. 530; am. 1994, ch. 180, § 174, p. 420; am. 1995, ch. 163, § 1, p. 643; was repealed by S.L. 1996, ch. 218, § 3, effective January 1, 1997.
Federal References.
The help America vote act of 2002 (P.L. 107-252), referred to in the introductory paragraph of (1) and in subsection (4), is codified as 52 U.S.C.S. § 20901 et seq.
Compiler’s Notes.
The reference cite enclosed in parentheses so appeared in the law as enacted.
Effective Dates.
Section 2 of S.L. 2002, ch. 237 declared an emergency. Approved March 22, 2002.
Section 16 of S.L. 2003, ch. 48 declared an emergency. Approved March 13, 2003.
Chapter 10 STATE CONTROLLER
Sec.
§ 67-1001. Duties of controller.
It is the duty of the state controller:
- To superintend the fiscal concerns of the state, with its accounting, informational, payroll, and related data processing services.
- To deliver to the governor and the legislative services office on or before the first day of January, a financial statement, which complies with generally accepted accounting principles, of the funds of the state, its revenues, and of the public expenditures during the preceding fiscal year.
- When requested, to give information in writing to either house of the legislature relating to the fiscal affairs of the state or the duties of his office.
- To suggest plans and provide internal control standards for the improvement and management of the public revenues, assets, expenditures and liabilities.
- To keep and state all accounts in which the state is interested.
- To keep an account of all warrants drawn upon the treasurer, and a separate account under the head of each specified appropriation, showing at all times the unexpended balance of such appropriation.
- To keep an account between the state and the treasurer, and therein charge the treasurer with the balance in the treasury when he came into office, and with all moneys received by him, and credit him with all warrants drawn on and paid by him.
- To keep a register of warrants, showing the fund or funds upon which they are drawn, the number, in whose favor, the appropriation applicable to the payment thereof, and when the liability accrued.
- To examine and settle the accounts of all persons indebted to the state.
- In his discretion to require any person presenting an account for settlement to be sworn before him, and to answer, orally or in writing, as to any facts relating to it.
- To require all persons who have received any moneys belonging to the state and have not accounted therefor to settle their accounts.
- To account for the collection of all moneys due the state, not the responsibility of any other agency and institute suits in its name for all official delinquencies in relation to assessment, collection and payment of the revenue, and against persons who by any means have become possessed of public money or property and fail to pay over or deliver the same, and against all debtors of the state, of which suits the courts of Ada County have jurisdiction, without regard to the residence of the defendants.
- To draw warrants on the treasurer for the payment of moneys directed by law to be paid out of the treasury; but no warrant must be drawn unless authorized by law.
- To furnish the state treasurer with a daily total dollar amount, by fund, and/or account when requested by the state treasurer, of warrants drawn upon the treasury.
- To authenticate with his signature, his electronic signature, or his facsimile signature all warrants drawn by him, and all copies of official documents issued from his office.
- To charge the state treasurer with money and evidences of indebtedness received from and credit him for money drawn by the state board of land commissioners in the moneys or accounts over which said board has control.
- To act ex officio as member of the [state] board of canvassers and state board of land commissioners, secretary of the state board of examiners, and participant in other organizations in the performance of such duties as prescribed by law for such officer. (18) To create and establish such divisions and other administrative units within the office as necessary.
History.
(See 1865, p. 190, §§ 3, 4) R.S., § 205; 1899, p. 254; 1903, p. 149 (R.C.,§§ 279-281); 1905, p. 386 (R.C.,§§ 170-188); first 17 subds. compiled and reen. R.C., § 102; reen. C.L., § 102. Eighteenth subd. based upon 1909, p. 360, especially § 3; compiled and reen. C.L., § 102, subd. 18, Nineteenth subd., 1913, ch. 15, § 1, p. 55; reen. C.L., § 102, subd. 19. Twentieth subd., 1913, ch. 111, § 1, p. 431; reen. C.L., § 102, subd. 20 repealed by 1919, ch. 8, p. 43; C.S., § 141; am. 1929, ch. 239, § 1, p. 463; I.C.A.,§ 65-901; am. 1976, ch. 42, § 7, p. 90; am. 1977, ch. 223, § 1, p. 667; am. 1978, ch. 68, § 1, p. 137; am. 1980, ch. 84, § 1, p. 183; am. 1994, ch. 181, § 7, p. 575; am. 2003, ch. 4, § 1, p. 7.
STATUTORY NOTES
Cross References.
Classification and reporting of receipts and warrant disbursements,§ 67-1101 et seq.
Costs when state a party to action,§ 12-118.
Fish and game licenses, deposit of funds with state treasurer,§ 36-107.
Legislative services office,§ 67-701 et seq.
Loyalty oath,§ 59-401 et seq.
Presidential electors, payment of compensation,§ 34-1507.
State board of canvassers, member of,§ 34-1211.
State board of examiners,§ 67-2001 et seq.
State board of land commissioners, Idaho Const., Art. IX, § 7 and§ 58-101 et seq.
State treasurer,§ 67-1201 et seq.
Compiler’s Notes.
The name of this chapter was changed from “State Auditor” to “State Controller” since the proposed amendment to the Idaho Constitution to change the name of the state auditor to state controller [1994 S.J.R. No. 109, p. 1493] was adopted at the general election held November 8, 1994 and became effective January 2, 1995.
The bracketed insertion near the beginning of subsection (17) was added by the compiler to correct the name of the referenced board. See§ 34-1211.
Section 12 of S.L. 1939, ch. 113, which proposed to transfer the powers and duties of the auditor as secretary of the state board of examiners as set out in this section and§ 67-1008 (now§ 67-1023) to the comptroller of the state of Idaho, was declared unconstitutional by Wright v. Callahan, 61 Idaho 167, 99 P.2d 961 (1940).
Effective Dates.
Section 2 of S.L. 1929, ch. 239 declared an emergency. Approved March 16, 1929.
Section 7 of S.L. 1980, ch. 84 declared an emergency. Approved March 19, 1980.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994. “(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 7 became effective January 2, 1995..
CASE NOTES
Attorney Fees.
Attorney performing legal services for the state insurance fund was not an employee of the state within the meaning of the standard appropriations act. His relationship to the fund was that of attorney and client, on a fee basis which made him an independent contractor. Such fees were not a part of the overhead administrative expenses of the fund and, hence, were not payable out of the appropriation made for the payment of such expenses. State ex rel. Williams v. Musgrave, 84 Idaho 77, 370 P.2d 778 (1962).
Insufficient Funds.
Auditor may draw warrant on adjutant general’s contingent fund to pay expenses incurred when governor proclaimed martial law, although there was not sufficient money in said fund to pay such warrants. McConnel v. Gallet, 51 Idaho 386, 6 P.2d 143 (1931).
Necessity of Appropriation.
No warrant can issue to pay claim, even though allowed by board of examiners, until legislature has made appropriation to cover same. Herrick v. Gallet, 35 Idaho 13, 204 P. 477 (1922).
Claimant has no right to writ of mandate directing auditor to draw warrant, unless it appears that there is money in treasury appropriated for that purpose. Herrick v. Gallet, 35 Idaho 13, 204 P. 477 (1922).
Parties Defendant.
In action against county treasurer under subdivision 13 [now (12)] of this section, his county is not a necessary party to action. State v. Cleland, 42 Idaho 803, 248 P. 831 (1926).
Post-Audit Functions.
Since the territorial controller was authorized to perform all the types of audits which were performed in the territory prior to statehood, the controller was charged with superintending the fiscal concerns of the territory and the controller was expressly directed to perform certain post-audit functions, the territorial controller would have been authorized to perform a modern post-audit function under Idaho Const., Art. IV, § 1, should that function have been in use at the time. Therefore, since the state auditor has implied constitutional powers and duties equivalent to those of the territorial controller, performing the post-audit function is a constitutional duty of the state auditor. Williams v. State Legislature, 111 Idaho 156, 722 P.2d 465 (1986).
“Treasurer” to Be Read “Auditor.”
Under a statute creating the fruit and vegetable advertising commission and levying tax on fruits and vegetables produced within the state, the provision that the state “treasurer” should issue warrants for salaries and expenses was a mere clerical error and could be interpreted as “auditor,” the word intended by the legislature. For the treasurer to both draw and pay warrants would contravene the state’s established system of checks and balances. State ex rel. Graham v. Enking, 59 Idaho 321, 82 P.2d 649 (1938).
Venue of Suits.
Use of word “jurisdiction” in subdivision 13 [now (12)] of this section, when whole provision is read together, is construed to mean “venue.” State v. Jones, 34 Idaho 83, 199 P. 645 (1921).
Action against public officer to recover money collected by him is properly instituted in county designated by this section and there is no error in denying change of venue. State v. Jones, 34 Idaho 83, 199 P. 645 (1921); State v. Cleland, 42 Idaho 803, 248 P. 831 (1926).
Cited
State ex rel. Parsons v. Bunting Tractor Co., 58 Idaho 617, 77 P.2d 464 (1938).
§ 67-1001A. Definitions.
As used in this chapter and other applicable sections of Idaho Code, each of the terms defined in this section shall have the meaning herein given unless a different meaning is clearly required by the context.
- “Certification” means a written or electronic assertion that a statement or report is true or as represented.
- “Defaulter” means one who misappropriates public funds held by him in any official or fiduciary capacity; or fails to provide an accounting as specified by the state controller for such funds.
- “Examine” means open to inspection; to review or evaluate the books, papers, accounts, bills, vouchers, other documents of state funds and property, or accounts or financial records of all state agencies and entities receiving state funds in accordance with generally accepted accounting practices.
- “Financial statement” means a quantitative report summarizing the financial position of an entity as of a particular date and the operating results of that entity for a particular period.
- “Internal control” means a coordinated system of methods and measures designed to safeguard assets, check the accuracy and reliability of accounting data, promote operational efficiency, and encourage adherence to prescribed managerial policies.
- “Offset” means to withhold payment, in full or part, from a recipient of state money whenever that recipient has an outstanding debt to the state.
- “Post-audit” means an independent audit of the financial statements of the state of Idaho for purposes of rendering an opinion of such statements in conformity with generally accepted accounting principles.
- “Voucher” means a receipt, acquittance or release in writing or electronic transmission that may serve as evidence of payment or discharge of debt; a document that serves to recognize a liability and authorize the disbursement of cash.
- “Warrant” means a negotiable instrument payable by the state treasury when funds become available for the stated purpose; a warrant may include, but is not necessarily limited to, a payment mechanism such as direct deposit, electronic fund transfer, paper warrant or other financial instrument.
History.
I.C.,§ 67-1001A, as added by 2003, ch. 4, § 2, p. 7.
§ 67-1002. Prescribing forms or requirements — Penalty for dereliction.
It is the duty of the state controller to prescribe the form or style of receipts which must be given by all officers, or their deputies, who are authorized by law to collect fees, license moneys, fines and forfeitures, or to impose penalties, and to prescribe the forms or requirements of reports which must be made by all such officers, or their deputies, to the state treasurer and the state controller whenever public money is deposited by them; the object of this provision being to afford the state controller the means of ascertaining whether or not there has been a proper accounting for all moneys collected on behalf of the state.
Forms or requirements of prescribed receipts and reports shall be provided and paid for by the department in which they are to be used.
For failure to perform the duty imposed upon him by this section, the state controller shall forfeit the sum of one thousand dollars ($1,000) to be collected on his official bond.
History.
Based upon 1913, ch. 42,§§ 6-8, p. 146; compiled and reen. C.L., § 104a; C.S., § 144; I.C.A.,§ 65-904; am. 1976, ch. 42, § 8, p. 90; am. and redesig. 1994, ch. 181, § 8, p. 575.
STATUTORY NOTES
Cross References.
Disposition of forfeitures,§ 19-4705.
Failure to use prescribed form of report suspends salary,§ 59-506.
State treasurer,§ 67-1201 et seq.
Prior Laws.
Former§ 67-1002, which comprised R.S., § 206; reen. R.C. & C.L., § 103; C.S., § 142; I.C.A.,§ 65-902, was repealed by S.L. 1994, ch. 181, § 6, effective January 2, 1995, since the amendment to the Constitution of the State of Idaho [1994 S.J.R. 109, p. 1493] to change the name of the state auditor to state controller was adopted at the general election held November 8, 1994.
Compiler’s Notes.
This section was formerly compiled as§ 67-1004.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller. “If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 8 was effective January 2, 1995.
CASE NOTES
Cited
Steunenberg v. Storer, 6 Idaho 44, 52 P. 14 (1898).
§ 67-1003. Appropriation necessary to authorize warrant.
In all cases of specific appropriations, salaries, pay and expenses, ascertained and allowed by law, found due to individuals from the state, when examined, the state controller must draw warrants upon the treasury for the amount; but in cases of unliquidated accounts and claims, the adjustment and payment of which are not provided for by law, no warrants must be drawn by the state controller, or paid by the treasurer, until appropriation is made by law for that purpose, nor must the whole amount drawn for and paid for any purpose or under any one (1) appropriation ever exceed the amount appropriated, or the cash balance in the account charged, whichever is less. For the purposes of this section, the cash balance in the benefit account established in section 72-1346, Idaho Code, shall be deemed to be the cash balance in the account of this state in the unemployment trust fund established and maintained pursuant to section 904 of the social security act, as amended.
History.
1865, ch. 190, § 10; R.S., § 214; am. R.C., § 111; reen. C.L., § 111; C.S., § 151; I.C.A.,§ 65-910; am. 1976, ch. 42, § 12, p. 90; am. 1985, ch. 156, § 1, p. 415; am. and redesig. 1994, ch. 181, § 9, p. 575; am. 1998, ch. 1, § 104, p. 3.
STATUTORY NOTES
Cross References.
Employment security fund,§ 72-1346.
No money shall be drawn from the treasury except pursuant to appropriation, Const., Art. 7, § 13.
State treasurer,§ 67-1201 et seq.
Compiler’s Notes.
Former§ 67-1003 was amended and redesignated as§ 67-1025 by S.L. 1994, ch. 181, § 19, effective January 2, 1995.
This section was formerly compiled as§ 67-1011.
Federal References.
Section 904 of the social security act, referred to in the last sentence of this section, is compiled as 42 U.S.C.S. § 1104.
Effective Dates.
Section 2 of S.L. 1985, ch. 156 declared an emergency. Approved March 21, 1985.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994. “(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 9 was effective January 2, 1995.
CASE NOTES
Necessity of Appropriation.
Allegation that money has been duly appropriated for payment of claim is essential allegation of petition for mandate to compel auditor [now state controller] to draw warrant. Herrick v. Gallet, 35 Idaho 13, 204 P. 477 (1922).
Salaries.
Where salary has been fixed by legislature for a constitutional office, statute directing payment of salaries, authorizing auditor [now state controller] to draw a warrant therefor, is sufficient appropriation. Reed v. Huston, 24 Idaho 26, 132 P. 109 (1913); Rich v. Huston, 24 Idaho 34, 132 P. 112 (1913).
Warrants.
The drawing of the warrant by the auditor [now state controller] withdraws not a cent from the treasury. The warrant is nothing but an evidence of debt that may or may not be honored by the treasurer; certainly not, if there is insufficient money in the contingent fund to pay it. McConnel v. Gallet, 51 Idaho 386, 6 P.2d 143 (1931).
Cited
Kingsbury v. Anderson, 5 Idaho 771, 51 P. 744 (1898).
OPINIONS OF ATTORNEY GENERAL
Federal Disbursements.
The constitutional restrictions of fiscal management do not appear to affect participation in the delay of drawdown procedures implemented under 5 U.S.C.S. § 301 and 31 C.F.R. Part 205.OAG 83-6.
§ 67-1004. Certified copies of documents as evidence.
The state controller must, in addition to his original handwritten signature, keep and use a facsimile signature or electronic signature for the authentication of all papers, writings, and documents required by law to be certified by him, and copies so authenticated and certified, of all papers and documents lawfully deposited in his office, must be received in evidence as the original.
History.
1865, p. 190, § 17; R.S., § 220; am. R.C., § 114; reen. C.L., § 114; C.S., § 154; I.C.A.,§ 65-913; am. and redesig. 1994, ch. 181, § 10, p. 575; am. 2003, ch. 32, § 36, p. 115.
STATUTORY NOTES
Compiler’s Notes.
Former§ 67-1004 was amended and redesignated as§ 67-1002 by S.L. 1994, ch. 181, § 8, effective January 2, 1995.
This section was formerly compiled as§ 67-1014.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 10 was effective January 2, 1995.
§ 67-1005. Official bond.
The state controller must be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.
History.
R.S., § 222; am. R.C., § 115; reen. C.L., § 115; C.S., § 155; I.C.A.,§ 65-914; am. 1971, ch. 136, § 40, p. 522; am. and redesig. 1994, ch. 181, § 11, p. 575.
STATUTORY NOTES
Compiler’s Notes.
Former§ 67-1005 was amended and redesignated as§ 67-1022 by S.L. 1994, ch. 181, § 16, effective January 2, 1995.
This section was formerly compiled as§ 67-1015.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 11 was effective January 2, 1995.
§ 67-1006. Appointment of deputy.
The state controller may appoint such deputies, assistants and employees, and fix the compensation thereof, within the limits of appropriation made therefor, as is necessary.
History.
Based upon R.S., § 218; compiled and reen. R.C., § 116; reen. C.L., § 116; C.S., § 156; I.C.A.,§ 65-915; am. 1976, ch. 42, § 13, p. 90; am. and redesig. 1994, ch. 181, § 12, p. 575.
STATUTORY NOTES
Compiler’s Notes.
Former§ 67-1006 was amended and redesignated as§ 67-1022 by S.L. 1994, ch. 181, § 16, effective January 2, 1995.
This section was formerly compiled as§ 67-1016.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 12 was effective January 2, 1995.
§ 67-1007. State officers and custodians of state funds — Examination.
The state controller may examine any of the books, papers, accounts, bills, vouchers or other documents of property of any or all of the state officers, and custodians of state funds. He may examine, under oath, state officers and the custodians of state funds aforesaid.
History.
1905, p. 386, § 10; am. R.C., § 179; reen. C.L. 12:10; C.S., § 294; am. 1923, ch. 164, § 9, p. 242; I.C.A.,§ 65-2611; I.C.,§ 67-2713; I.C.,§ 67-1030, as changed and amended by 1974, ch. 24, § 7, p. 744; am. and redesig. 1994, ch. 181, § 13, p. 575.
STATUTORY NOTES
Compiler’s Notes.
Former§ 67-1007 was amended and redesignated as§ 67-1051 by S.L. 1994, ch. 181, § 25, effective January 2, 1995.
This section was formerly compiled as§ 67-1030.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 13 was effective January 2, 1995.
CASE NOTES
Post-Audit Functions.
Since the territorial controller was authorized to perform all the types of audits which were performed in the territory prior to statehood, the controller was charged with superintending the fiscal concerns of the territory, and the controller was expressly directed to perform certain post-audit functions, the territorial controller would have been authorized to perform a modern post-audit function under Idaho Const., Art. IV, § 1, should that function have been in use at the time. Therefore, since the state auditor [now state controller] has implied constitutional powers and duties equivalent to those of the territorial controller, performing the post-audit function is a constitutional duty of the state auditor. Williams v. State Legislature, 111 Idaho 156, 722 P.2d 465 (1986).
§ 67-1008. State controller to report delinquent collectors.
The state controller must report to the legislature, when requested in writing by the presiding officer of either house, a list of all the collectors of revenue, and other holders of public money, whose accounts remain unsettled for six (6) months after they ought to have been settled according to law, and the reasons therefor.
History.
1865, p. 190, § 13; R.S., § 217; am. R.C., § 112; reen. C.L., § 112; C.S., § 152; I.C.A.,§ 65-911; am. and redesig. 1994, ch. 181, § 14, p. 575.
STATUTORY NOTES
Compiler’s Notes.
Former§ 67-1008 was amended and redesignated as§ 67-1023 by S.L. 1994, ch. 181, § 17, effective January 2, 1995.
This section was formerly compiled as§ 67-1012.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 14 was effective January 2, 1995.
§ 67-1009. [Amended and Redesignated.]
§ 67-1010. [Amended and Redesignated.]
§ 67-1011. [Amended and Redesignated.]
§ 67-1012. [Amended and Redesignated.]
§ 67-1013. [Amended and Redesignated.]
§ 67-1014. [Amended and Redesignated.]
§ 67-1015. [Amended and Redesignated.]
§ 67-1016. [Amended and Redesignated.]
§ 67-1017. [Amended and Redesignated.]
§ 67-1018. [Amended and Redesignated.]
§ 67-1019, 67-1020. Employment of experts — Appropriation for expenses. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
These sections, which comprised S.L. 1941, ch. 27, §§ 2, 3, p. 51, were repealed by S.L. 1976, ch. 42, § 41.
§ 67-1021. Authority to install accounting and reporting system for state.
- The provisions of this section reserve to the state controller, in order to carry out the provisions and requirements of this section, the authority to establish funds in addition to those required by law or constitutional provisions.
- The state controller shall have power to prescribe and install, to modify from time to time, and to enforce, an accurate and modern system of accounting and financial reporting for the state of Idaho, to cover and include all its financial transactions and all funds, accounts, and property owned by or held in trust or custody of the state, and to that end may take all proceedings and make all investigations necessary to procure the information for said purposes, and may also require the keeping of such books, records and accounts and the making of such reports as he may from time to time prescribe, in and by the office of the state controller, and all other state offices, departments, boards and institutions.
- For the purpose of maintaining a uniform statewide accounting and reporting system, the state controller shall define and classify the various funds, accounts, grants and other financial structures. This system shall normally reflect generally accepted governmental accounting principles developed by the governmental accounting standards board or its successor.
History.
1941, ch. 27, § 1, p. 51; am. 1976, ch. 42, § 14, p. 90; am. 1991, ch. 51, § 2, p. 94; am. and redesig. 1994, ch. 181, § 15, p. 575.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§ 67-1018.
Former§ 67-1021 was amended and redesignated as§ 67-1026 by S.L. 1994, ch. 181, § 20, effective January 2, 1995.
For the governmental accounting standards board, referred to in subsection (3), see http://gasb.org .
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.” The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 15 was effective January 2, 1995.
CASE NOTES
Purpose.
The principal object and purpose of this section is to authorize the state auditor [now state controller] to prescribe and enforce a modern and accurate system of accounting, bookkeeping and reporting relative to financial transactions, funds and property of the state. The provisions of this section in no way conflict with the duty prescribed in§ 67-2703 (now repealed). Smylie v. Williams, 81 Idaho 335, 341 P.2d 451 (1959).
§ 67-1021A. Business information infrastructure project.
- Notwithstanding any laws to the contrary, the state controller shall engage in a project to modernize and replace the state’s aging business information infrastructure, including its financial, payroll, human capital management, budget and procurement systems. The purpose of the project shall be to modernize the state’s business information infrastructure and to consolidate duplicative business systems into a centralized enterprise resource planning system in order to achieve standardized business practices and greater transparency in the state’s data.
- The cost of modernizing the state’s business information infrastructure shall be equitably distributed among and between all state and public entities that use the services and functions outlined in subsection (1) of this section. On or before June 30 of each year from the effective date of this act until and including June 30, 2022, all moneys deposited to the indirect cost recovery fund resulting from the assessment of the amounts allocated in the annual statewide indirect cost allocation plan pursuant to section 67-3531, Idaho Code, shall be transferred to the business information infrastructure fund established in section 67-1021C, Idaho Code. Transfers under this section shall occur as requested by the state controller and no later than June 30 of each year.
History.
I.C.,§ 67-1021A, as added by 2018, ch. 45, § 1, p. 110.
STATUTORY NOTES
Compiler’s Notes.
The phrase “the effective date of this act” in the second sentence in subsection (2) refers to the effective date of S.L. 2018, Chapter 45, which was effective March 7, 2018.
Effective Dates.
Section 4 of S.L. 2018, ch. 45 declared an emergency. Approved March 7, 2018.
§ 67-1021B. Business information infrastructure governance.
- A leadership council for the business information infrastructure program consisting of the governor, the state controller, the speaker of the house of representatives or his designee and the president pro tempore of the senate or his designee is hereby created. It shall be the duty of the leadership council to garner statewide cooperation in standardizing business practices and gaining efficiencies wherever possible in order to eliminate duplicative business systems. The leadership council shall serve as the final authority in resolving any issues that may significantly alter the intended outcomes or completion timeline of the business information infrastructure project. The state controller alone shall be responsible for presenting any such issues to the leadership council.
- The state controller shall have the authority to create working committees and advisory boards as needed to achieve the goals of the business information infrastructure project.
History.
I.C.,§ 67-1021B, as added by 2018, ch. 45, § 2, p. 110.
STATUTORY NOTES
Effective Dates.
Section 4 of S.L. 2018, ch. 45 declared an emergency. Approved March 7, 2018.
§ 67-1021C. Business information infrastructure fund.
There is hereby created in the state treasury a fund to be known as the business information infrastructure fund, which shall consist of all moneys credited or transferred in accordance with section 67-1021A, Idaho Code, and any other funds appropriated or transferred in accordance with law. The fund is hereby continuously appropriated to the state controller for the purposes of procurement and implementation of a statewide enterprise resource planning system including, but not necessarily limited to, financial, payroll, budget, human capital management and procurement systems. All interest earned on the investment of idle moneys in the fund shall be returned to the fund. All moneys in the fund shall be used for the procurement and implementation of the system as set forth in this section. Any unexpended moneys remaining after June 30, 2023, shall revert to the general fund.
History.
I.C.,§ 67-1021C, as added by 2018, ch. 45, § 3, p. 110.
STATUTORY NOTES
Cross References.
General fund,§ 67-1205.
Effective Dates.
Section 4 of S.L. 2018, ch. 45 declared an emergency. Approved March 7, 2018.
§ 67-1022. Warrants, how drawn — Lost warrants.
- All warrants must be drawn in the order prescribed by the state controller.
- In case of the loss or destruction of any warrant heretofore issued or that may be issued by the state controller, and, after notice by the involved agency to the state controller to stop payment on the lost or destroyed warrant the state controller is hereby authorized to issue his replacement warrant to take the place of the warrant so lost or destroyed, upon satisfactory certification of the loss of the said warrant. In the issuance of any such replacement warrant, the state controller may require an indemnity bond, conditioned upon the payment to the state of Idaho of any loss or damage or obligation by reason of the said lost warrant becoming a claim against the state; and, it shall be the duty of the state controller to notify the state treasurer of the issuance of the said replacement warrant.
History.
R.S., § 208; 1907, p. 348, § 1; compiled and reen. R.C., § 105; am. R.C., § 106; reen. C.L., §§ 105, 106; C.S., §§ 145, 146; I.C.A.,§ 65-905, 65-906; am. 1976, ch. 42, §§ 9, 10, p. 90; am and redesig. 1994, ch. 181, § 16, p. 575; am. 1996, ch. 170, § 1, p. 554; am. 2017, ch. 282, § 1, p. 743.
STATUTORY NOTES
Cross References.
Claims against state passed upon by board of examiners, Idaho Const., Art. IV, § 18.
State treasurer,§ 67-1201 et seq.
Amendments.
The 2017 amendment, by ch. 282, in subsection (2), in the first sentence, deleted “state treasurer and” preceding “state controller to stop” near the beginning, substituted “replacement warrant” for “duplicate warrant” near the middle, and substituted “certification” for “proof by affidavit” near the end and, in the last sentence, substituted “replacement warrant” for “duplicate warrant” near the beginning and at the end, and deleted former subsection (3), which read: “In all situations when the involved agency is required to send an affidavit to the state controller as proof of the loss of a warrant, the agency shall also send a duplicate or photocopy of the affidavit to the state treasurer”.
Compiler’s Notes.
Former§ 67-1022 was amended and redesignated as§ 67-1027 by S.L. 1994, ch. 181, § 21, effective January 2, 1995.
This section was formerly compiled as§§ 67-1005 and 67-1006.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994. “(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 16 was effective January 2, 1995.
§ 67-1023. Claims against the state.
All persons having claims against the state must exhibit the same, with the evidence in support thereof, to the state controller, to be examined, settled and allowed by the board of examiners, within two (2) years after such claims shall accrue, and not afterward. In all suits brought in behalf of the state, no debt or claim must be allowed against the state as a set-off but such as have been exhibited to the state controller, and allowed or disallowed by the board of examiners except only in cases where it is proved to the satisfaction of the court that the defendant, at the time of the trial, is in possession of vouchers which he could not produce to the state controller, or that he was prevented from exhibiting the claim to the state controller by absence from the state, sickness, or unavoidable accident. No claim which is not provided for by law shall be examined or set off.
History.
1865, p. 190, § 7; R.S., § 211; compiled and reen. R.C., § 109; reen. C.L., § 109; C.S., § 149; I.C.A.,§ 65-908; am. and redesig. 1994, ch. 181, § 17, p. 575.
STATUTORY NOTES
Cross References.
Board of examiners, Idaho Const., Art. IV, § 18 and§ 67-2001 et seq.
Compiler’s Notes.
Former§ 67-1023 was amended and redesignated as§ 67-1081 by S.L. 1994, ch. 181, § 31, effective January 2, 1995.
This section was formerly compiled as§ 67-1008.
Section 12 of S.L. 1939, ch. 113, which proposed to transfer the powers and duties of the auditor as secretary of the state board of examiners as set out in this section and§ 67-1001 to the comptroller of the state of Idaho, was declared unconstitutional by Wright v. Callahan (1940), 61 Idaho 167, 99 P.2d 961.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.” The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 186, § 17 was effective January 2, 1995.
CASE NOTES
Claims Without Appropriated Funds.
If the legislature has not previously appropriated moneys for payment of the item for which a claim has been submitted, then the board of examiners may recommend or refuse to recommend that it be submitted to the succeeding session of the legislature for payment. Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962).
Constitutionality.
The legislature, in the exercise of its authority to prescribe “such other duties” under Idaho Const., Art IV, § 18, has seen fit to prescribe the duty of examination of claims by the board of examiners and its authority so exercised is within the scope of and in harmony with the quoted provision of the Constitution. Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962).
Fixed Claims.
If the amount of a claim has been fixed or settled by lawful contract or by authority of the department head of a state agency or other person authorized by law to fix the same, then the board of examiners exercises only a ministerial function in examining and approving the claim for paying after having determined that the claim is proper as to form, certification and chargeability against the appropriation. Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962).
Jurisdiction of Supreme Court.
The supreme court’s jurisdiction to hear claims against the state not being related to claims for payment of which no appropriation has been made but embracing all claims not included within the classes excepted, it had authority to compel the board of examiners to examine and approve for payment claims of children’s commission upon determining that they were proper as to form, certification and chargeability against the appropriation. Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962).
Limitation.
After expiration of period limited by this section, board of examiners is without jurisdiction to consider claim. Davis v. State, 30 Idaho 137, 163 P. 373 (1917).
Cited
Padgett v. Williams, 82 Idaho 28, 348 P.2d 944 (1960).
§ 67-1024. Regulating claims requiring payment in advance.
When an expenditure authorized to be made by any state department, body or officer is of such a nature as to require payment in advance of performance or delivery, then the right of the officer to obtain such service or property on behalf of or in the service of the state shall constitute a claim against the state to be presented and allowed as are other claims. The board of examiners may, in its discretion, prescribe policies and procedures with respect to the filing and allowance of such claims and the subsequent accounting therefor. Any money obtained upon such claim and not expended on behalf of or in the service of the state shall be repaid by the claimant to the state.
History.
1939, ch. 197, § 1, p. 374; am. and redesig. 1994, ch. 181, § 18, p. 575; am. 2003, ch. 32, § 37, p. 115.
STATUTORY NOTES
Cross References.
Board of examiners,§ 67-2001 et seq.
Compiler’s Notes.
Former§ 67-1024 was amended and redesignated as§ 67-1082 by S.L. 1994, ch. 181, § 32, effective January 2, 1995.
This section was formerly compiled as§ 67-1009.
Effective Dates.
Section 2 of S.L. 1939, ch. 197 declared an emergency. Approved March 9, 1939.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 18 was effective January 2, 1995.
§ 67-1025. Account of endowment funds, how kept.
The state controller must keep a separate account of each of the endowment funds, and of the interest and income thereof, together with such moneys as may be raised by special tax or otherwise for each purpose.
History.
R.S., § 207; am. R.C., § 104; reen. C.L., § 104; C.S., § 143; I.C.A.,§ 65-903; am. and redesig. 1994, ch. 181, § 19, p. 575.
STATUTORY NOTES
Compiler’s Notes.
Former§ 67-1025 was amended and redesignated as§ 67-1083 by S.L. 1994, ch. 181, § 33, effective January 2, 1995.
This section was formerly compiled as§ 67-1003.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 19 was effective January 2, 1995.
§ 67-1026. Offsetting obligations and making necessary entries.
The state controller shall have power, with the consent of the state board of examiners, whenever he shall determine that any creditor of the state of Idaho or any of its departments, agencies or institutions is indebted to the state of Idaho or any of its departments, agencies or institutions to offset such obligations, and make all necessary transfers and entries in the books of the state in accordance with sound accounting practice to accomplish such offset.
History.
1943, ch. 48, § 1, p. 94; am. and redesig. 1994, ch. 181, § 20, p. 575.
STATUTORY NOTES
Cross References.
State board of examiners,§ 67-2001 et seq.
Prior Laws.
Former§ 67-1026, which comprised 1905, p. 386, § 6; reen. R.C., § 175; reen. C.L. 12:6; C.S., § 290; am. 1923, ch. 164, § 5, p. 242; I.C.A.,§ 65-2607; I.C.,§ 62-2709; I.C.,§ 67-1026, amended by 1974, ch. 24, § 3, p. 744, was repealed by S.L. 1994, ch. 181, § 6, effective January 2, 1995, since the amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller was adopted at the general election held November 8, 1994.
Compiler’s Notes.
This section was formerly compiled as§ 67-1021.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 20 was effective January 2, 1995.
§ 67-1027. Authority to recognize assignments of obligations owing by state.
The authority of the state controller to recognize assignments of obligations owing by the state of Idaho is limited to those assignments as may be specially approved by the state board of examiners.
History.
1943, ch. 48, § 2, p. 94; am. and redesig. 1994, ch. 181, § 21, p. 575.
STATUTORY NOTES
Cross References.
State board of examiners,§ 67-2001 et seq.
Compiler’s Notes.
Former§ 67-1027 was amended and redesignated as§ 67-1081 by S.L. 1994, ch. 181, § 31, effective January 2, 1995.
This section was formerly compiled as§ 67-1022.
Effective Dates.
Section 3 of S.L. 1943, ch. 48 declared an emergency. Approved February 15, 1943.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 21 was effective January 2, 1995.
§ 67-1028. [Amended and Redesignated.]
§ 67-1029. [Amended and Redesignated.]
§ 67-1030. [Amended and Redesignated.]
§ 67-1031. Funds created by regents of University of Idaho and state board of education — State controller to keep records.
The state controller is hereby empowered and directed to keep such records as may be necessary and expedient of any and all general or special funds that the regents of the University of Idaho and the state board of education may create for the state’s universities and colleges and to file and keep as part of the records of his office any orders, vouchers, books, or other documents which may be delivered to him by the regents or the state board of education or their agent.
History.
1927, ch. 80, § 1, p. 98; I.C.A.,§ 65-916; am. and redesig. 1994, ch. 181, § 22, p. 575.
STATUTORY NOTES
Cross References.
Regents of University of Idaho,§ 33-2802.
State board of education,§ 33-101 et seq.
Compiler’s Notes.
Former§ 67-1031 was amended and redesignated as§ 67-1052 by S.L. 1994, ch. 181, § 26, effective January 2, 1995.
This section was formerly compiled as§ 67-1017.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 22 was effective January 2, 1995.
§ 67-1032. [Amended and Redesignated.]
§ 67-1033. Annual report to governor
Contents. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised 1905, p. 386, § 15; reen. R.C., § 184; reen. C.L. 12:15; C.S., § 299; am. 1923, ch. 164, § 13, p. 242; I.C.A.,§ 65-2616; I.C.,§ 67-2718; I.C.,§ 67-1033, as changed by 1974, ch. 24, § 11, p. 744; am. 1976, ch. 42, § 15, p. 90, was repealed by S.L. 1994, ch. 181, § 6, effective January 2, 1995.
§ 67-1034. [Amended and Redesignated.]
§ 67-1035. [Amended and Redesignated.]
§ 67-1036. Administration of accounting system. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised I.C.,§ 67-1036, as added by 1976, ch. 42, § 16, p. 90, was repealed by S.L. 1994, ch. 181, § 6, effective January 2, 1995.
§ 67-1037 — 67-1040. [Reserved.]
Evidence of all accounts, vouchers, and/or documents settled, or to be settled, by the state controller or board of examiners must be preserved for not less than two (2) years. After the legislative council has indicated no further need, such records may be disposed of unless a specific written request for further retention has been made to the state controller.
History.
1865, p. 190, § 9; R.S., § 213; compiled and reen. R.C., § 110; reen. C.L., § 110; C.S., § 150; I.C.A.,§ 65-909; am. 1976, ch. 42, § 11, p. 90; am. 1980, ch. 345, § 1, p. 880; am. 1993, ch. 327, § 29, p. 1186; am. and redesig. 1994, ch. 181, § 23, p. 575; am. 2003, ch. 32, § 38, p. 115.
STATUTORY NOTES
Cross References.
Claims against state passed upon by board of examiners, Idaho Const., Art. IV, § 18.
Legislative council,§ 67-427.
State board of examiners,§ 67-2001 et seq.
Compiler’s Notes.
This section was formerly compiled as§ 67-1010.
An attempted amendment of this section by S.L. 1939, ch. 113, § 13 was declared unconstitutional in Wright v. Callahan , 61 Idaho 167, 99 P.2d 961 (1940).
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 23 was effective January 2, 1995.
§ 67-1042. Inspection of controller’s books by legislature.
All the books, papers, letters, and transactions pertaining to the office of the state controller are open to the inspection of a committee of the legislature, or either branch thereof, who shall examine all the state controller’s accounts.
History.
1865, p. 190, § 15; R.S., § 219; am. R.C., § 113; reen. C.L., § 113; C.S., § 153; I.C.A.,§ 65-912; am. and redesig. 1994, ch. 181, § 24, p. 575.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§ 67-1013.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 24 was effective January 2, 1995.
§ 67-1043 — 67-1050. [Reserved.]
Whenever any person has received moneys, or has money or other personal property which belongs to the state, or has been intrusted with the collection, management, or disbursement of any moneys, bonds, or interest accruing therefrom, belonging to, or held in trust by, the state, and fails to render an account thereof to, and make settlement with, the state controller within the time prescribed by law, or, when no particular time is specified, fails to render such account and make settlement, or who fails to pay into the state treasury any moneys belonging to the state, upon being required so to do by the state controller, within twenty (20) days after such requisition, the state controller must state an account with such person, charging twenty-five per cent (25%) damages, and interest at the rate of ten per cent (10%) per annum from the time of failure; a copy of which account in any suit therein is prima facie evidence of the things therein stated. But in case the state controller cannot, for want of information, state an account, he may, in any action brought by him, aver that fact, and allege generally the amount of money or other property which is due to or which belongs to the state.
History.
R.S., § 209; am. R.C., § 107; reen. C.L., § 107; C.S., § 147; I.C.A.,§ 65-907; am. and redesig. 1994, ch. 181, § 25, p. 575.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§ 67-1007.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.” The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 25 was effective January 2, 1995.
CASE NOTES
When Damages Imposed.
Damages imposed by this section are intended as a penalty for wilful dereliction or refusal of officer to account for moneys which he receives and will not be imposed where there is no design of the officer to avoid his duty or misinterpret the laws to his own advantage, and where he has acted on advice of attorney general. State ex rel. Anderson v. Lewis, 6 Idaho 51, 52 P. 163 (1898).
§ 67-1052. Refusal to make returns and exhibits — Penalty.
Each and every person required herein to make returns and exhibits to the state controller, who shall refuse or neglect to make such returns or exhibits, or who shall refuse to give such information required by the state controller, shall be guilty of a felony, and shall be punished by a fine not exceeding five thousand dollars ($5,000), or imprisonment in the penitentiary not more than five (5) years or both.
History.
1905, p. 386, § 11; reen. R.C., § 180; reen. C.L. 12:11; C.S., § 295; am. 1923, ch. 164, § 10, p. 242; I.C.A.,§ 65-2612; I.C.,§ 67-2714; I.C.,§ 67-1031, as changed and amended by 1974, ch. 24, § 8, p. 744; am. and redesig. 1994, ch. 181, § 26, p. 575.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§ 67-1031. Prior to its redesignation by S.L. 1974, ch. 24, § 8,§ 67-1031 was compiled as§ 67-2714.
The term “herein” near the beginning of the section refers to the 1905 act which begins on page 386 and is currently codified as§§ 67-1001, 67-1007, 67-1052 to 67-1056, 67-1081, 67-1084, 67-2717 and 67-2720.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 26 was effective January 2, 1995.
§ 67-1053. Obstructing or misleading state controller — Penalty.
Any person who shall wilfully obstruct or mislead the state controller in the execution of his duties as by this chapter prescribed, shall be guilty of a felony, and upon conviction thereof, shall be punished by a fine of not more than five thousand dollars ($5,000), or imprisonment in the penitentiary not more than five (5) years, or both.
History.
1905, p. 386, § 13; reen. R.C., § 182; reen. C.L. 12:13; C.S., § 297; am. 1923, ch. 164, § 11, p. 242; I.C.A.,§ 65-2614; I.C.,§ 67-2716; I.C.,§ 67-1032, as changed and amended by 1974, ch. 24, § 9, p. 744; am. and redesig. 1994, ch. 181, § 27, p. 575.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§ 67-1032. Prior to its amendment and redesignation by S.L. 1974, ch. 24, § 9, former§ 67-1032 was compiled as§ 67-2716.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment to this section by S.L. 1994, ch. 181, § 27 was effective January 2, 1995.
§ 67-1054. State treasurer a defaulter — Report to governor — Removal from office.
If, at any time, upon an examination being made by the state controller of the books and accounts of the state treasurer, and the funds under his control, it shall be found that the state treasurer is a defaulter, it shall be the duty of the state controller to at once report such fact to the governor who shall have authority upon receiving such report to at once suspend the treasurer, and to appoint a treasurer temporarily, and to continue such suspension until such defalcation shall have been made good: provided, however, that in case it shall appear to the satisfaction of the governor that such defalcation cannot be made good by the state treasurer, he shall have authority to declare said office vacant, and fill the same by appointment as in case of other vacancies.
History.
1905, p. 386, § 18; reen. R.C., § 187; am. C.L. 12:18; C.S., § 302; am. 1923, ch. 164, § 15, p. 242; I.C.A.,§ 65-2619; I.C.,§ 67-2721; I.C.,§ 67-1034, as changed by S.L. 1974, ch. 24, § 13, p. 744; am. and redesig. 1994, ch. 181, § 28, p. 575.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§ 67-1034. Prior to its amendment and redesignation by S.L. 1974, ch. 24, § 13, former§ 67-1034 was compiled as§ 67-2721.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment to this section by S.L. 1994, ch. 181, § 28 was effective January 2, 1995.
§ 67-1055. County treasurer a defaulter — Report to county commissioners — Removal from office.
If, at any time, the state controller, upon an examination of the books and accounts of any treasurer of any county, and the funds under the control, or in the custody of, such treasurer, as authorized by law, shall find that any such treasurer is a defaulter, he shall at once report such defalcation or inability of such treasurer to the board of county commissioners of the county interested, which board of county commissioners shall, upon receiving such notice, have authority to suspend such treasurer, and to appoint a treasurer temporarily, and to continue such suspension until such defalcation shall have been made good: provided, however, that such board of county commissioners shall have power, in case it shall appear to their satisfaction that such defalcation cannot be made good, to declare said office vacant, and to fill the same by appointment as required by law in case of vacancies arising in any such office.
History.
1905, p. 386, § 19; reen. R.C., § 188; reen. C.L. 12:19; C.S., § 303; I.C.A.,§ 65-2620; I.C.,§ 67-2722; I.C.,§ 67-1035, as changed and amended by 1974, ch. 24, § 14, p. 744; am. and redesig. 1994, ch. 181, § 29, p. 575.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§ 67-1035. Prior to its amendment and redesignation by S.L. 1974, ch. 24, § 14, former§ 67-1035 was compiled as§ 67-2722.
Effective Dates.
Section 91 of S.L. 1974, ch. 24 declared this act to be in full force and effect on and after July 1, 1974.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment to this section by S.L. 1994, ch. 181, § 29 was effective January 2, 1995.
§ 67-1056. Report of examination to governor — Action against delinquent official.
The state controller shall report to the governor the result of his examination, as well as any failure of duty of any public official, as often as he thinks it may be required by public interest. The governor may cause the result of any examination, made by the state controller, to be made public, or, at his discretion, may take such action for the public security as the exigency may demand. He may, if he deems the public interest to require it, suspend any officer from further performance of duty, until the examination be had, or such security be obtained as may be demanded for the prompt protection of public funds.
History.
1905, p. 386, § 8; reen. R.C., § 177; reen. C.L. 12:8; C.S., § 292; am. 1923, ch. 164, § 7, p. 242; I.C.A.,§ 65-2609; I.C.,§ 67-2711; I.C.,§ 67-1028, as changed and amended by 1974, ch. 24, § 5, p. 744; am. and redesig. 1994, ch. 181, § 30, p. 575.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§ 67-1028. Prior to its amendment and redesignation by S.L. 1974, ch. 24, § 5, former§ 67-1028 was compiled as§ 67-2711.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment to this section by S.L. 1994, ch. 181, § 30 was effective January 2, 1995.
CASE NOTES
County Commissioners.
This section does not affect the power of county commissioners to audit accounts of county officers. Prothero v. Board of Comm’rs, 22 Idaho 598, 127 P. 175 (1912).
§ 67-1057 — 67-1080. [Reserved.]
- When requested in addition to any other statement of financial condition required by law, the auditor of every county, and the treasurer of any other taxing unit of government, shall submit to the state controller an annual financial report, under oath, as in this act provided. The state controller shall formulate policies necessary hereunder.
- The state controller shall report to the prosecuting attorney, the refusal or neglect of county officers to obey his instructions. The prosecuting attorney, in case of county or municipal officers, shall promptly take action to enforce a compliance with such instructions of the state controller.
History.
1905, p. 386, § 7; reen. R.C., § 176; reen. C.L. 12:7; C.S., § 291; am. 1923, ch. 164, § 6, p. 242; I.C.A.,§ 65-2608; 1969, ch. 402, § 1, p. 1121; I.C.,§ 67-2710; I.C.,§ 67-1027, as changed and amended by 1974, ch. 24, § 4, p. 744; am. and redesig. 1994, ch. 181, § 31, p. 575; am. 2003, ch. 32, § 39, p. 115.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§§ 67-1023 and 67-1027. Prior to its amendment and redesignation by S.L. 1974, ch. 24, § 4, former§ 67-1027 was compiled as§ 67-2710.
The terms “this act” and “hereunder” in subsection (1) refer to S.L. 1969, Chapter 402, which is presently codified as§§ 67-1081 to 67-1083.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller. “If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 31 was effective January 2, 1995.
CASE NOTES
County Commissioners.
This section does not affect the power of county commissioners to audit accounts of county officers. Prothero v. Board of Comm’rs, 22 Idaho 598, 127 P. 175 (1912).
§ 67-1082. Financial statement — Form.
The financial report required in section 67-1081, Idaho Code, shall be in a standard form prescribed by the state controller.
History.
1969, ch. 402, § 2, p. 1121; am. and redesig. 1994, ch. 181, § 32, p. 575.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§ 67-1024.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 32 was effective January 2, 1995.
§ 67-1083. Failure to submit financial statement — Penalty.
The person responsible shall submit the financial report required in section 67-1081, Idaho Code, within one hundred eighty (180) days after the last day of the reporting unit’s fiscal year. Failure to comply with the terms of this act is a misdemeanor.
History.
1969, ch. 402, § 3, p. 1121; am. and redesig. 1994, ch. 181, § 33, p. 575.
STATUTORY NOTES
Cross References.
Penalty for misdemeanor when not otherwise provided,§ 18-113.
Compiler’s Notes.
This section was formerly compiled as§ 67-1025.
The term “this act” refers to S.L. 1969, Chapter 402, which is presently codified as§§ 67-1081 to 67-1083.
Effective Dates.
Section 4 of S.L. 1969, ch. 402 provided that this act should become effective on and after January 1, 1970. However, § 1 of S.L. 1970, ch. 254, which became effective March 14, 1970 provided that this act as it relates to standardized financial reports of taxing units was suspended until January 1, 1972.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 33 was effective January 2, 1995.
§ 67-1084. Duties of officers to assist state controller.
To enable the state controller to properly perform the services herein required of him, the county commissioners and officers of the several counties, the state treasurer and all other county and state officers, shall afford all reasonable and needed facilities to the state controller. All officers and employees of the counties, herein referred to shall make returns and exhibits to the state controller, under oath, in such form, and at such time or times, as he shall prescribe.
History.
1905, p. 386, § 9; am. R.C., § 178; am. C.L. 12:9; C.S., § 293; am. 1923, ch. 164, § 8, p. 242; I.C.A.,§ 65-2610; I.C.,§ 67-2712; I.C.,§ 67-1029, as changed and amended by 1974, ch. 24, § 6, p. 744; am. and redesig. 1994, ch. 181, § 34, p. 575.
STATUTORY NOTES
Compiler’s Notes.
This section was formerly compiled as§§ 67-1029. Prior to its amendment and redesignation by S.L. 1974, ch. 24, § 6, former§ 67-1029 was compiled as§ 67-2712.
The term “herein” in the first and second sentences refers to S.L. 1905, p. 386, which is presently codified as§§ 67-1001, 67-1007, 67-1052 to 67-1056, 67-1081, 67-1084, 67-2717, and 67-6720.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 34 was effective January 2, 1995.
§ 67-1041. Vouchers and accounts preserved.
§ 67-1051. Proceedings against defaulters.
§ 67-1081. Submission of annual financial statement to state controller by all taxing units of government — Policies.
Chapter 11 CLASSIFICATION AND REPORTING OF RECEIPTS AND WARRANT DISBURSEMENTS
Sec.
§ 67-1101. Uniform classification of receipts and expenditures — Duty of state controller.
It shall be the duty of the state controller to adopt and promulgate a uniform classification of revenues and nonrevenue receipts by function and source, and a uniform classification of expenditures by function and object, which classifications shall be conformable to modern standards of accounting and reporting and shall be adapted to the requirements of the division of financial management for budget purposes.
History.
1921, ch. 103, § 1, p. 231; I.C.A.,§ 65-1001; am. 1994, ch. 181, § 35, p. 575.
STATUTORY NOTES
Cross References.
Budget,§ 67-3501 et seq.
Division of financial management,§ 67-1910.
State controller,§ 67-1001 et seq.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 35 was effective January 2, 1995.
§ 67-1102. Receipts and disbursements — Classification — Tabulation by calendar months.
It shall be the duty of the state controller to classify, according to the aforesaid standards, all remittances received into the state treasury and all disbursements authorized therefrom, and to tabulate the same by calendar months from data on file in his office.
History.
1921, ch. 103, § 2, p. 231; I.C.A.,§ 65-1002; am. 1994, ch. 181, § 36, p. 575; am. 2003, ch. 32, § 40, p. 115.
STATUTORY NOTES
Cross References.
State controller,§ 67-1001 et seq.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 36 was effective January 2, 1995.
§ 67-1103. Certificates and claim vouchers to contain data essential to classification.
The state controller shall not record the receipt, nor file any claim voucher for disbursement, until all data essential for classification purposes regarding such document is set forth in accordance with the policies and procedures of the state controller.
History.
1921, ch. 103, § 3, p. 231; I.C.A.,§ 65-1003; am. 1994, ch. 181, § 37, p. 575; am. 2003, ch. 32, § 41, p. 115.
STATUTORY NOTES
Cross References.
State controller,§ 67-1001 et seq.
Effective Dates.
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 37 was effective January 2, 1995.
§ 67-1104. Annual reports.
The state controller shall prepare, annually on a fiscal year basis, exhibits showing the proper detailed classification of all receipts and warrant disbursements, respectively, of each office, department, bureau and institution of the state of Idaho, followed by a recapitulation of receipts from general sources and a recapitulation of disbursements.
One (1) of such exhibits shall be delivered to the division of financial management and one (1) to the legislative services office, two (2) to the office, department or governing board referred to in the exhibit (one (1) of which shall be for the use of the executive head of the particular bureau, institution or other unit covered by such exhibit), and the fourth shall be permanently filed in the state controller’s office.
History.
1921, ch. 103, § 4, p. 231; I.C.A.,§ 65-1004; am. 1941, ch. 5, § 1, p. 8; am. 1976, ch. 42, § 17, p. 90; am. 1984, ch. 134, § 1, p. 320; am. 1993, ch. 327, § 30, p. 1186; am. 1994, ch. 181, § 38, p. 575; am. 1996, ch. 159, § 20, p. 502.
STATUTORY NOTES
Cross References.
Division of financial management,§ 67-1910.
Legislative services office,§ 67-701 et seq.
State controller,§ 67-1001 et seq.
Compiler’s Notes.
The words enclosed in parentheses so appeared in the law as enacted.
Effective Dates.
Section 2 of S.L. 1941, ch. 5 declared an emergency. Approved January 17, 1941.
Section 42 of S.L. 1976, ch. 42, reads: “An emergency existing therefore, which emergency is hereby declared to exist, sections 1, 2 and 3 of this act shall be in full force and effect on and after its passage and approval; sections 16, 34, 35, 36 and 37 of this act shall be in full force and effect on and after July 1, 1977. All other sections shall be in full force and effect on and after July 1, 1976.”
Section 44 of S.L. 1994, ch. 181 provided: “(1) Section 42 of this act shall be in full force and effect on and after July 1, 1994.
“(2) All other sections of this act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.
“If an amendment to the Constitution of the State of Idaho to change the name of the state auditor to state controller is not adopted by the electorate at the general election of 1994, none of the sections of this act shall be in effect except Section 42 of this act.” The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 181, § 38 was effective January 2, 1995.
§ 67-1105, 67-1106. Report of receipts, disbursements — Construction of months January, December. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
These sections, which comprised S.L. 1921, ch. 103, §§ 5, 6, p. 231; I.C.A.,§§ 65-1005, 65-1006, were repealed by S.L. 1976, ch. 42, § 41.
Chapter 12 STATE TREASURER
Sec.
§ 67-1201. Duties of treasurer.
It is the duty of the treasurer:
- To receive and keep all moneys belonging to the state not required to be received and kept by some other person. The treasurer may:
- a. Name additional or multiple custodians for such moneys.
- b. Administer programs associated with receipt and keeping such moneys and enter into contracts related to such programs.
2. To file and keep, for not less than two (2) years, the records of the state controller delivered to him when moneys are paid into the treasury. After two (2) years, such records may be disposed of as provided in section 9-328, Idaho Code, unless a specific written request for further retention has been made to the treasurer.
3. To report to each person paying money into the treasury a receipt showing the amount and the date of deposit. Receipts must be numbered uniquely within each fiscal year.
4. To pay amounts drawn by the state controller by generally available commercial payment methods, including but not limited to warrants, electronic payment and wire transfer, out of the accounting entity upon which they are drawn. The treasurer may enter into contracts related to administration and execution of these payment methods. The treasurer may administer programs associated with commercial payment methods and enter into contracts related to such programs.
5. To invest idle moneys in the state treasury in permitted investments, and to pay the interest received on all such investments, unless otherwise specifically required by law, into the general account [general fund] in the state operating fund.
6. To keep, for as long as the treasurer deems necessary, a record of all moneys received and disbursed.
7. To keep, for as long as the treasurer deems necessary, separate records of the different funds.
8. To report to the state controller daily, the amount disbursed for payment by warrants or other commercial payment method; which report must show the date and number of such payments, the fund out of which they were paid, and to report to the state controller monthly, the balance of cash on hand in the treasury to the credit of each fund.
9. At the request of either house of the legislature, or any committee thereof, to give information in writing as to the condition of the treasury, or upon any subject relating to the duties of his office.
10. To report to the governor, upon request, the exact balance in the treasury to the credit of the state, with a summary of the receipts and payments of the treasury during the preceding fiscal year.
11. To authenticate with his official seal, as the treasurer deems appropriate, all writings and papers issued from his office.
12. To discharge such other duties as may be imposed upon him by law.
History.
1864, p. 415, § 2; R.S., § 230; am. R.C., § 117; reen. C.L., § 117; C.S., § 157; I.C.A.,§ 65-1101; am. 1976, ch. 42, § 18, p. 90; am. 1980, ch. 84, § 2, p. 183; am. 1980, ch. 173, § 1, p. 367; am. 1994, ch. 180, § 175, p. 420; am. 2016, ch. 167, § 1, p. 462; am. 2017, ch. 140, § 1, p. 333; am. 2017, ch. 236, § 1, p. 582.
STATUTORY NOTES
Cross References.
Anticipation of revenues in permanent building fund,§ 57-1112.
Crime, moneys received as a result of commission, duties regarding,§ 19-5301.
Custody of moneys appropriated by federal and state governments for vocational educational aid,§ 33-2207.
Election,§ 34-611.
Fish and game nonexpendable trust account,§ 36-109.
Forest protection fund,§ 38-129.
Forest reserve funds, apportionment to counties where reserve located,§ 57-1301.
Gasoline, lubricating oil and fuel oil, disposition of fines under law governing,§ 37-2513.
Health facilities construction account,§ 39-1415.
Penalties under state depository law,§§ 67-2747 to 67-2749.
Procedure upon default of treasurer,§ 67-1054.
Public utilities commission fund, payments from made by,§ 61-1008.
State board of canvassers, member of,§ 34-1211.
State community college account,§§ 33-2139 to 33-2143.
State controller,§ 67-1001 et seq.
Tax anticipation notes, issuance by authorized,§ 63-3201.
University of Idaho, state treasurer as treasurer of board of regents,§ 33-2809.
Vocational rehabilitation, state treasurer as custodian of federal-aid funds,§ 33-2302.
Worker’s compensation, industrial administration fund, duties,§§ 72-521, 72-522.
Worker’s compensation, industrial special indemnity fund, duties,§§ 72-325, 72-326, 72-329.
Amendments.
The 2016 amendment, by ch. 167, deleted “other than moneys in public endowment funds” following “state treasury” in subsection 5.
This section was amended by two 2017 acts which appear to be compatible and have been compiled together.
The 2017 amendment, by ch. 140, substituted “records” for “certificates” in the first sentence and deleted “through 9-330” following “9-328” in the second sentence of subsection 2.; rewrote subsection 3., which formerly read: “To deliver to each person paying money into the treasury a receipt showing the amount, the sources from which the money accrued, and the funds into which it is paid, which receipts must be numbered in order, beginning with number one (1) at the commencement of each fiscal year”; in subsection 8., substituted “payment by warrants or other commercial payment method” for “redemption of bonds and in payment of warrants” and “payments” for “bonds and warrants”; substituted “upon request” for “at the time prescribed in this code” in subsection 10.; and inserted “as the treasurer deems appropriate” in subsection 11.
Compiler’s Notes.
The bracketed insertion in subsection 5 was added by the compiler to correct the name of the referenced fund.
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 175 was effective January 2, 1995.
Section 6 of S.L. 2016, ch. 167 declared an emergency. Approved March 23, 2016.
CASE NOTES
Construction.
Under a statute creating the fruit and vegetable advertising commission and levying tax on fruits and vegetables produced within the state, the provision that the state “treasurer” should issue warrants for salaries and expenses was a mere clerical error and could be interpreted as “auditor,” the word intended by the legislature, since for the treasurer to both draw and pay warrants would contravene the state’s established system of checks and balances. State ex rel. Graham v. Enking, 59 Idaho 321, 82 P.2d 649 (1938).
Duties Under Irrigation District Law.
Duties enjoined upon state treasurer, providing that he shall receive and disburse funds of irrigation district in payment of bonds of district and district’s obligations under federal contracts, are official acts as contemplated by statutes relative to official bonds which, in absence of legislative act requiring a special bond, are guaranteed by treasurer’s official bond. Hurlebaus v. American Falls Reservoir Dist., 49 Idaho 158, 286 P. 598 (1930).
Payment of Warrants.
State treasurer must refuse payment of state warrant drawn by state auditor [now state controller] unless he is satisfied that it is a proper and legal charge against state. In re Huston, 27 Idaho 231, 147 P. 1064 (1915).
§ 67-1202. Funds of state board of land commissioners.
- It is the duty of the treasurer in relation to funds within the control of the state board of land commissioners to receive from and receipt to the board for money and evidences of indebtedness, subject, however, to final payment, which are accepted by banks as cash in the ordinary course of business, and to pay out of such funds orders drawn thereon by the board, but every order must specify the particular fund upon which it is drawn.
- The treasurer is authorized to invest endowment funds as directed by the endowment fund investment board, or as directed by the state board of land commissioners if not otherwise provided for by law. The costs of investing funds pursuant to this section shall be paid from the funds invested or the earnings on such funds. Any earnings on endowment funds shall be deposited and distributed in accordance with section 57-723A, Idaho Code.
- It is the duty of the treasurer to serve as the custodian of the public school [permanent] endowment fund. The treasurer may request any records of the state board of land commissioners related to such fund and any financial records of a bank or trust company keeping custody of the assets of the public school permanent endowment fund pursuant to section 57-721, Idaho Code.
History.
Based upon 1909, p. 360, §§ 2, 3, and 1909, p. 363, § 1; compiled and reen. C.L., § 117a; C.S., § 158; I.C.A.,§ 65-1102; am. 2007, ch. 284, § 1, p. 814; am. 2016, ch. 167, § 2, p. 462.
STATUTORY NOTES
Cross References.
State board of land commissioners, Idaho Const., Art. IX, § 7 and§ 58-101.
Endowment fund investment board,§ 57-718.
Amendments.
The 2007 amendment, by ch. 284, in the section catchline, deleted “Purchase of warrants for board” from the end; and deleted the last paragraph, which read: “The state treasurer is authorized and empowered to purchase for the state board of land commissioners for its use and benefit, under written authority from said board, all warrants drawn on the general fund of the state of Idaho.”
The 2016 amendment, by ch. 167, designated the existing provisions of the section as subsection (1) and added subsections (2) and (3).
Compiler’s Notes.
The bracketed insertion near the beginning of subsection (3) was added by the compiler to correct the name of the referenced fund. See§ 33-902.
Effective Dates.
Section 6 of S.L. 2016, ch. 167 declared an emergency. Approved March 23, 2016.
§ 67-1203. Establishment of a state treasurer investment advisory board — Members — Qualifications.
There is hereby established in the office of the state treasurer a state treasurer investment advisory board, hereinafter referred to as the “investment board.” This investment advisory board shall consist of the state treasurer, who shall act as chairman of the investment board, and members hereinafter designated who shall be appointed by the governor subject to senate confirmation. The members of the investment advisory board subject to appointment shall be: five (5) public members from the citizenry at large who are knowledgeable and experienced in financial matters and in the placement or management of investment assets and have at least ten (10) years experience in such endeavors.
History.
I.C.,§ 67-1203, as added by 2014, ch. 130, § 1, p. 363.
STATUTORY NOTES
Prior Laws.
Former§ 67-1203, Money to be accompanied by auditor’s certificate, which comprised R.S., § 231, am. R.C., § 118; reen. C.L., § 118; C.S., § 159; I.C.A.,§ 65-1103, was repealed by S.L. 1990, ch. 21, § 1.
Compiler’s Notes.
Section 4 of S.L. 2014, ch. 130 provided: “Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”
§ 67-1203A. Board — Appointment of members — Term — Removal — Vacancies — Organization — Quorum — Meetings — Compensation.
- The members of the board appointed by the governor shall serve for terms of four (4) years, provided that for the first term the governor shall appoint three (3) members who shall serve for a term of two (2) years, and two (2) members who shall serve for a term of four (4) years. Members of the board shall serve until their successors have been selected and qualified.
- A member of the board appointed by the governor shall not hold an office, position or employment in a political party. An appointed member may be removed from the board for cause by a two-thirds (2/3) vote of the full board. A vacancy in the appointive membership of the board during a term thereof shall be filled by appointment by the governor for the unexpired term. A majority of the members of the board shall constitute a quorum for the transaction of business. The meetings of the board shall be held at least quarterly and at other times upon the call of the chairman or a majority of the board. The board members appointed hereunder shall be compensated as provided by section 59-509(n), Idaho Code.
History.
I.C.,§ 67-1203A, as added by 2014, ch. 130, § 1, p. 363.
STATUTORY NOTES
Compiler’s Notes.
Section 4 of S.L. 2014, ch. 130 provided: “Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”
§ 67-1203B. Recommendation of the types and kinds of investments.
- The investment board shall recommend the types and kinds of investments that the state treasurer or an investment manager would utilize to manage the idle funds and such other funds as the treasurer is authorized to invest pursuant to sections 67-1210 and 67-1210A, Idaho Code.
- The investment board shall recommend investment policies governing the investment of idle funds and other funds accepted for investment by the state treasurer. The recommendations shall pertain to the types, kinds or nature of investment of any of the funds and any limitations, conditions or restrictions upon the methods, practices or procedures for investment, reinvestments, purchases, sales or exchange transactions, provided such recommendations shall not conflict with nor be in derogation of any Idaho constitutional provision or of the provisions of this chapter.
- The investment advisory board, in making recommendations, and the state treasurer and all investment managers shall be governed by the Idaho uniform prudent investor act, chapter 5, title 68, Idaho Code. The state treasurer and any investment manager shall invest and manage the assets of the respective funds in accordance with that act and the Idaho constitution.
History.
I.C.,§ 67-1203B, as added by 2014, ch. 130, § 1, p. 363.
STATUTORY NOTES
Compiler’s Notes.
Section 4 of S.L. 2014, ch. 130 provided: “Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”
§ 67-1204. Money to be kept in office — Penalty.
- All state moneys in the custody of the state treasurer not otherwise deposited or invested as is or may be provided by law shall be kept in a secure location in the office of the state treasurer.
- A violation of this section shall subject the state treasurer, upon conviction thereof, to pay a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000), or to imprisonment in the state prison for a period of not less than one (1) nor more than ten (10) years, or to both such fine and imprisonment.
History.
Based on 1905, p. 31, § 1; compiled and reen. R.C., § 118a; reen. C.L., § 118a; C.S., § 160; I.C.A.,§ 65-1104; am. 1980, ch. 84, § 3, p. 183; am. 2007, ch. 41, § 2, p. 101; am. 2019, ch. 314, § 1, p. 938.
STATUTORY NOTES
Amendments.
The 2007 amendment, by ch. 41, added the subsection (1) and (3) designations to existing provisions and added subsection (2).
The 2019 amendment, by ch. 314, substituted “office” for “vault” in the section heading; substituted “a secure location in the office of the state treasurer” for “the vault and safe as provided for that purpose in the capitol building and in no other place” at the end of subsection (1); deleted former subsection (2), which read: “During the capitol building renovation, beginning in fiscal year 2007, or during relocation due to an emergency, these same moneys as set forth above, shall be kept in a vault within the office of the state treasurer’s temporary location. Upon completion of this renovation, the provisions of subsection (1) of this section shall apply”; and redesignated former subsection (3) as present subsection (2).
Effective Dates.
Section 7 of S. L. 1980, ch. 84 declared an emergency. Approved March 19, 1980.
Section 4 of S.L. 2007, ch. 41 declared an emergency. Approved March 2, 2007.
Section 2 of S.L. 2019, ch. 314 declared an emergency and made the amendment of this section retroactive to January 1, 2019. Approved April 5, 2019.
§ 67-1205. General fund defined — Payment of interest.
The general fund consists of moneys received into the treasury and not specially appropriated to any other fund. All necessary interest on registered warrants drawn upon the general fund shall be paid out of the general fund, and there is hereby appropriated out of the said general fund so much as may be necessary to pay such interest. When the state treasurer pays any such warrant on which interest is due, he must note on the warrant the amount of interest paid thereon and enter on his account the amount of any such interest distinct from the principal.
History.
R.S., § 232; am. R.C., § 119; reen. C.L., § 119; C.S., § 161; I.C.A.,§ 65-1105; am. 1933 (E.S.), ch. 12, § 1, p. 25.
STATUTORY NOTES
Effective Dates.
Section 2 of S.L. 1933 (E.S.), ch. 12 declared an emergency. Approved July 1, 1933.
CASE NOTES
Amount of Appropriation.
Where an apparent appropriation from the general fund did not specify a maximum amount, it was not a valid appropriation in the absence of a clearly shown intent to appropriate the entire general fund. Blaine County Inv. Co. v. Gallet, 35 Idaho 102, 204 P. 1066 (1922).
Disposition of Residue of Fund.
Where bonds and interest to be paid out of a temporary fund were fully paid, thereafter money appropriated for such fund should be turned into the general fund of the state, unless otherwise provided by law. Steunenberg v. Storer, 6 Idaho 44, 52 P. 14 (1898).
§ 67-1206. Transfers of balances in funds.
Whenever there shall be or remain in any special or temporary fund created or established by or under any law of the state of Idaho, a surplus or unexpended and unencumbered balance after the purpose or purposes for which such special or temporary fund was provided shall have been fully accomplished, the state controller shall transfer any such balance to the general fund of the state: provided, that where such balance shall consist, in whole or in part, of the proceeds of any bonds then outstanding, the same shall be transferred to the sinking fund provided for the redemption of such bonds.
History.
1905, p. 219, § 1; reen. R.C. & C.L., § 120; C.S., § 162; am. 1921, ch. 127, § 1, p. 311; I.C.A.,§ 65-1106; am. 1994, ch. 180, § 176, p. 420.
STATUTORY NOTES
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 176 was effective January 2, 1995.
§ 67-1207. Temporary diversion of revenues to cease on accomplishment of purpose.
Whenever revenues are diverted from the general fund of the state, in order to provide a special or temporary fund for a particular purpose or a number of purposes, and such purpose or purposes shall have been fully accomplished, such diversion shall cease, and thereafter such revenues shall accrue to the general fund as they did prior to the time when such diversion was authorized and required.
History.
1905, p. 219, § 2; reen. R.C. & C.L., § 121; C.S., § 163; I.C.A.,§ 65-1107.
STATUTORY NOTES
Cross References.
General fund,§ 67-1205.
§ 67-1208. Apportionment of forest reserve funds. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised S.L. 1907, p. 162, §§ 1, 2; am. R.C., § 122; reen. C.L., § 122; C.S., § 164; am. 1921, ch. 47, § 1, p. 75; I.C.A.,§ 65-1108, was repealed by S.L. 1957, ch. 116, § 6, p. 194.
§ 67-1209. Suspense account.
Any state officer, department, board or institution having or receiving money in trust or for safekeeping pending its final disposition or distribution shall deposit the same in the state treasury in a special suspense account from which it may be withdrawn or distributed under policies and procedures of the state controller.
History.
1919, ch. 181, § 1, p. 557; C.S., § 165; I.C.A.,§ 65-1109; am. 1976, ch. 42, § 19, p. 90; am. 1994, ch. 180, § 177, p. 420; am. 2003, ch. 32, § 42, p. 115.
STATUTORY NOTES
Cross References.
State controller,§ 67-1001 et seq.
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 177 was effective January 2, 1995.
CASE NOTES
Private Funds Becoming State Moneys.
When state, in exercise of a governmental function, takes possession of a private fund, pursuant to law, such fund becomes “moneys of the state” within§ 67-2737, providing for deposit in designated state depositories. Chicago, M. & St. P. Ry. v. Public Utils. Comm’n, 47 Idaho 346, 275 P. 780 (1929).
§ 67-1210. Investment of idle moneys.
It shall be the duty of the state treasurer to invest idle moneys in the state treasury in any of the following:
- Bonds, treasury bills, interest-bearing notes, or other obligations of the United States, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
- General obligation or revenue bonds of this state, or those for which the faith and credit of this state are pledged for the payment of principal and interest.
- General obligation or revenue bonds of any county, city, metropolitan water district, municipal utility district, school district or other taxing district of this state.
- Notes, bonds, debentures, or other similar obligations issued by the farm credit system or institutions forming a part thereof under the farm credit act of 1971, 12 U.S.C. 2001-2259, and all acts of congress amendatory thereof or supplementary thereto; in bonds or debentures of the federal home loan bank board established under the federal home loan bank act, 12 U.S.C. 1421-1449; in bonds, debentures and other obligations of the federal national mortgage association established under the national housing act, 12 U.S.C. 1701-1750g, as amended, and in the bonds of any federal home loan bank established under said act and in other obligations issued or guaranteed by agencies or instrumentalities of the government of the state of Idaho or of the United States, including the United States small business administration guaranteed portion of any loan approved by an Idaho banking corporation and by the state treasurer.
- Bonds, notes or other similar obligations issued by public corporations of the state of Idaho including, but not limited to, the Idaho state building authority, the Idaho housing and finance association and the Idaho water resource board.
- Repurchase agreements covered by any legal investment for the state of Idaho.
- Tax anticipation notes and registered warrants of the state of Idaho.
- Tax anticipation bonds or notes and income and revenue anticipation bonds or notes of taxing districts of the state of Idaho.
- Time deposit accounts and savings accounts in state depositories including, but not limited to, accounts on which interest or dividends are paid and upon which negotiable orders of withdrawal may be drawn, and similar transaction accounts.
- Time deposit accounts and savings accounts of state or federal savings and loan associations located within the geographical boundaries of the state in amounts not to exceed the insurance provided by the federal deposit insurance corporation including, but not limited to, accounts on which interest or dividends are paid and upon which negotiable orders of withdrawal may be drawn, and similar transaction accounts.
- Revenue bonds of institutions of higher education of the state of Idaho.
- Share, savings and deposit accounts of state and federal credit unions located within the geographical boundaries of the state in amounts not to exceed the insurance provided by the national credit union share insurance fund and/or any other authorized deposit guaranty corporation, including, but not limited to, accounts on which interest or dividends are paid and upon which negotiable orders of withdrawal may be drawn, and similar transaction accounts.
- Money market funds whose portfolios consist of any allowed investment as specified in this section. The securities held in money market portfolios must be dollar-denominated, meaning that all principal and interest payments on such a security are payable to security holders in United States dollars. The term “idle moneys” means the balance of cash and other evidences of indebtedness that are accepted by banks as cash in the ordinary course of business, in demand deposit accounts, after taking into consideration all deposits and withdrawals, on a daily basis.
The interest received on all such investments, unless otherwise specifically required by law, shall be paid into the general account [fund] of the state of Idaho. Provided, unless otherwise specifically provided by statute, any interest earned on funds received by the state pursuant to a federal law, regulation, or federal-state agreement that governs disposition of interest earned upon such funds shall be accounted for separately to give effect to the federal law, regulation, or federal-state agreement.
If the interest is to be credited to a separate account, the state treasurer shall charge the account an investment administration fee. The amount of the fee shall be determined annually by the state treasurer and submitted to the board of examiners for approval. The fee shall be expressed as an annual percentage of the average daily balance of the account, including separate investments, if any, of that account. The fee shall be charged monthly in an amount approximately one twelfth (1/12) of the fee that would be payable on an annual basis. The amount of the investment administration fee shall constitute an appropriation from the account for which the investment administration services are rendered.
The state treasurer shall charge an investment administration fee to each such state fund or account, including the general account [fund], which is invested by the office of state treasurer. The investment administration fee shall be determined annually by the state treasurer and submitted to the board of examiners for approval. The fee shall be expressed as an annual percentage of the average daily balance of the fund or account, including separate investments, if any, of that fund or account. The fee shall be charged monthly in an amount approximately one twelfth (1/12) of the fee that would be payable on an annual basis. The amount of the investment administration fee shall constitute an appropriation from the fund or account for which the investment administration services are rendered.
The term “to invest” means to use the idle moneys in the state treasury to buy, sell, including selling before maturity at either a gain or a loss, retain, or exchange any of the investments described in this section, considering the probable safety of the capital, the probable income to be derived, and the liquidity of the assets.
History.
I.C.,§ 67-1210, as added by 1974, ch. 150, § 2, p. 1371; am. 1975, ch. 2, § 1, p. 5; am. 1976, ch. 42, § 20, p. 90; am. 1979, ch. 35, § 1, p. 51; am. 1980, ch. 83, § 1, p. 182; am. 1983, ch. 38, § 8, p. 89; am. 1985, ch. 155, § 1, p. 413; am. 1986, ch. 74, § 18, p. 220; am. 1986, ch. 88, § 2, p. 257; am. 1992, ch. 84, § 1, p. 266; am. 1993, ch. 310, § 2, p. 1143; am. 1994, ch. 402, § 1, p. 1265; am. 1997, ch. 221, § 1, p. 652; am. 1999, ch. 140, § 1, p. 401; am. 2002, ch. 37, § 1, p. 83; am. 2006, ch. 17, § 1, p. 66; am. 2016, ch. 167, § 3, p. 462; am. 2017, ch. 139, § 1, p. 331; am. 2020, ch. 30, § 2, p. 64.
STATUTORY NOTES
Cross References.
Board of examiners,§ 67-2001 et seq. Idaho state building authority,§ 67-6401 et seq.
Idaho water resource board,§ 42-1732.
Prior Laws.
Former§ 67-1210, which comprised I.C.,§ 67-1210, as added by S.L. 1953, ch. 222, § 2, p. 338; am. 1959, ch. 15, § 1, p. 35; am. 1969, ch. 255, § 4, p. 787; am. 1970, ch. 168, § 1, p. 494, was repealed by S.L. 1974, ch. 150, § 1.
Amendments.
The 2006 amendment, by ch. 17, deleted “but such investment shall not extend beyond seven (7) days” at the end of subsection (e).
The 2016 amendment, by ch. 167, deleted “other than moneys in public endowment funds” following “state treasury” in the introductory paragraph; substituted “Idaho housing and finance association” for “Idaho housing authority” in subsection (e); and substituted “federal deposit insurance corporation” for “federal savings and loan insurance corporation” in subsection (j).
The 2017 amendment, by ch. 139, substituted “which is invested” for “which receives investment income from investments administered” in the next-to-last paragraph of the section.
The 2020 amendment, by ch. 30, deleted “as stipulated in section 67-3524, Idaho Code” at the end of the second sentence in the third and fourth undesignated paragraphs following subsection (m).
Compiler’s Notes.
For more on the farm credit system, referred to in subsection (d), see https://farmcredit.com .
The federal home loan bank board, referred to in subsection (d), was in 1989 and was superseded by the federal housing finance board and then in 2008 by the federal housing finance agency. See https://www.fhfa.gov .
For more information on the federal national mortgage association (Fannie Mae), referred to in subsection (d), see https://www.fanniemae.com/portal/index.html .
For more information on the United States small business administration, referred to in subsection (d), see https://www.sba.gov .
For further information on the federal deposit insurance corporation, referred to in subsection (j), see https://www.fdic.gov .
For more information on insurance provided by the national credit union, share insurance fund, referred to in subsection ( l ), see https://www.ncua.gov/support-services/share-insurance-fund .
The bracketed insertions in the second and fourth undesignated paragraphs following subsection (m) were added by the compiler to correct the name of the referenced fund. See§ 67-1205.
Effective Dates.
Section 3 of S.L. 1974, ch. 150 declared an emergency. Approved March 29, 1974.
Section 4 of S.L. 1975, ch. 2 declared an emergency. Approved February 15, 1975.
Section 2 of S.L. 1979, ch. 35 declared an emergency. Approved March 16, 1979.
Section 3 of S.L. 1993, ch. 310 declared an emergency. Approved March 31, 1993. Section 2 of S.L. 2002, ch. 37 declared an emergency. Approved February 19, 2002.
Section 6 of S.L. 2016, ch. 167 declared an emergency. Approved March 23, 2016.
CASE NOTES
Cited
Moon v. State Bd. of Land Comm’rs, 111 Idaho 389, 724 P.2d 125 (1986).
OPINIONS OF ATTORNEY GENERAL
Interest.
Interest earnings upon license revenues in the fish and game account [now fish and game nonexpendable account] are required to be credited to that account.OAG 90-1.
Interest earnings upon balances in the various state accounts are credited to the general account [now general fund] unless otherwise specifically required by law, including federal laws and regulations.OAG 90-1.
Fiscal Year.
Since appropriations are made on a fiscal year basis, it is not a violation of Idaho Const., Art VII, § 13, to make necessary corrections in accounts within a fiscal year. By making corrections within a fiscal year, each account merely receives the correct amount of revenue for the fiscal year and the correct amount of revenue is available for the legislative appropriations made from each account. However, the result is not the same for corrections beyond a fiscal year, as the state is prohibited from refunding to a county the state’s share of a court-ordered refund of taxes collected wrongfully in prior years without a legislative appropriation.OAG 90-1.
Water District Funds.
The watermaster of Water District 1 should not have custody of the funds of Water District 1, and assuming Water District 1 has elected to follow§ 42-619, a district treasurer should be elected to have custody of Water District 1 funds and to make disbursements from these funds. The district treasurer is prohibited from investing any district funds in common stocks, corporate bonds, mutual funds, or other types of equity securities.OAG 91-7.
§ 67-1210A. Additional allowable investments by the state treasurer.
- In addition to investments enumerated in section 67-1210, Idaho Code, the state treasurer is authorized and empowered to invest state funds or any other funds in his hands, including, but not limited to, funds of any public agency invested pursuant to joint exercise of powers agreements, in prime banker’s acceptances and prime commercial paper, sales and repurchase of call options, and bonds, debentures or notes of any corporation organized, domiciled and operating within the United States which have, at the time of their purchase, an A rating or higher by a commonly known rating service. The sale (writing) and repurchase of call options is permitted only when the state treasurer or the joint powers local government pooled fund own the securities on which the option is written.
- The provisions of this section shall not be construed to enlarge the powers of other public agencies to invest in prime banker’s acceptances, prime commercial paper, sales and repurchase of call options, or bonds, debentures or notes of any corporation unless such investments are made by the state treasurer pursuant to a joint exercise of powers agreement.
History.
I.C.,§ 67-1210A, as added by 1989, ch. 86, § 1, p. 149; am. 1992, ch. 84, § 2, p. 266; am. 1999, ch. 139, § 1, p. 400; am. 2014, ch. 130, § 2, p. 363; am. 2018, ch. 86, § 1, p. 190.
STATUTORY NOTES
Amendments.
The 2014 amendment, by ch. 130, deleted “securities lending agreements” following “sales and repurchase of call options” in the first sentence in the first paragraph and in the second paragraph; and deleted the former second sentence in the first paragraph, which read: “Such securities lending agreements shall require the borrower to provide and maintain collateral (cash or securities which are authorized investments for the state treasurer) at least equal in value to the value of the securities loaned”.
The 2018 amendment, by ch. 86, designated the two existing paragraphs as subsections (1) and (2) and substituted “domiciled and operating” for “controlled and operating” near the end of the first sentence in subsection (1).
Compiler’s Notes.
Section 4 of S.L. 2014, ch. 130 provided: “Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”
Effective Dates.
Section 2 of S.L. 1989, ch. 86 declared an emergency. Approved March 27, 1989.
§ 67-1210B. Ability to continue to invest.
In addition to investments enumerated in sections 67-1210 and 67-1210A, Idaho Code, the state treasurer is authorized and empowered to continue investment of state funds or any other funds in his hands under securities lending agreements in place upon the effective date of this section, subject to the provisions of this section. The treasurer shall conduct an orderly program to terminate securities lending. The investment board established by section 67-1203, Idaho Code, may make recommendations for such termination program as set forth in section 67-1203B, Idaho Code. The treasurer shall provide a report to the president pro tempore of the senate and the speaker of the house of representatives by January 1 of each year summarizing the termination program, recommending whether the program continue for the following fiscal year or conclude, and the legislative action recommended to conclude such program.
History.
I.C.,§ 67-1210B, as added by 2014, ch. 130, § 3, p. 363.
STATUTORY NOTES
Compiler’s Notes.
The phrase “the effective date of this section” in the first sentence in the first paragraph refers to the effective date of S.L. 2014, Chapter 130, which was effective July 1, 2014.
Section 4 of S.L. 2014, ch. 130 provided: “Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”
§ 67-1211. Payment of warrants.
The state treasurer must pay warrants on any of the several funds in his office as prescribed by law, provided that the state treasurer and his employees reserve the right to deny the cashing of warrants in the treasurer’s office that total more than two thousand dollars ($2,000). Any or all warrants totaling more than two thousand dollars ($2,000), must be cashed or deposited at another financial institution.
History.
1870, p. 41, § 1; R.S., § 235; am. R.C., § 123; reen. C.L., § 123; C.S., § 167; I.C.A.,§ 65-1111; am. 1976, ch. 42, § 21, p. 90; am. 2004, ch. 171, § 1, p. 549.
STATUTORY NOTES
Effective Dates.
Section 2 of S.L. 2004, ch. 171 declared an emergency. Approved March 23, 2004.
CASE NOTES
Mandamus.
Mandamus will lie to require the treasurer to pay warrants issued by the auditor [now state controller]. State ex rel. Graham v. Enking, 59 Idaho 321, 82 P.2d 649 (1938).
§ 67-1212. Unpaid warrants — Interest — Record.
- All warrants drawn upon funds in which the balance is insufficient to pay them must be reported to the state treasurer by the state controller. All such warrants shall be registered by the state treasurer as follows: he shall date and sign the report and return the same to the state controller who shall notify the respective payees. It is the duty of the state treasurer to keep a report of all warrants not paid for want of moneys, in which report such warrants shall be listed in numerical order, and when paid the treasurer shall note the amount of interest paid and the date of payment. Any such warrants registered by the state treasurer shall from date of registration until paid bear interest at a rate to be fixed by the state treasurer.
-
In lieu of registering warrants as provided in subsection (1) of this section, the state treasurer shall have authority to:
-
Pay such warrants out of any moneys available allowing the fund to remain negative for up to thirty (30) days; the state treasurer shall charge the fund or account for which such moneys are advanced an amount of interest substantially equal to what could have been earned had the advanced moneys been invested, and the amount of the interest shall constitute an appropriation from the fund or account for which the advancement was made. If moneys are not sufficient in the fund after thirty (30) days, unless otherwise excepted by law, the state treasurer shall make inter-fund transfers subject to the following requirements:
- All transfers shall be identified by: available funds from which moneys are borrowed, the fund to which the moneys are transferred, amount of transfer, the anticipated interest rate consistent with the available funds’ current rate of return, if applicable, the anticipated repayment date and the reason for the transfer;
- Interest, if applicable, shall be paid on any transfer, where required by law, under this provision;
- The treasurer shall maintain an annual report of all such inter-fund transfers.
- Issue tax anticipation notes as provided by chapter 32, title 63, or section 57-1112, Idaho Code.
-
Pay such warrants out of any moneys available allowing the fund to remain negative for up to thirty (30) days; the state treasurer shall charge the fund or account for which such moneys are advanced an amount of interest substantially equal to what could have been earned had the advanced moneys been invested, and the amount of the interest shall constitute an appropriation from the fund or account for which the advancement was made. If moneys are not sufficient in the fund after thirty (30) days, unless otherwise excepted by law, the state treasurer shall make inter-fund transfers subject to the following requirements:
History.
1864, p. 415, § 5; R.S., § 238; am. 1899, p. 228, § 1; am. 1901, p. 107, § 1; am. R.C., § 125; reen. C.L., § 125; am. 1919, ch. 123, § 1, p. 408; C.S., § 168; am. 1927, ch. 129, § 1, p. 172; I.C.A.,§ 65-1112; am. 1933 (E.S.), ch. 5, § 1, p. 9; am. 1976, ch. 42, § 22, p. 90; am. 1977, ch. 222, § 1, p. 665; am. 1983, ch. 4, § 16, p. 6; am. 1983, ch. 140, § 1, p. 347; am. 1994, ch. 180, § 178, p. 420; am. 2010, ch. 192, § 1, p. 410.
STATUTORY NOTES
Cross References.
State controller,§ 67-1001 et seq.
Amendments.
The 2010 amendment, by ch. 192, rewrote the section to the extent that a detailed comparison is impracticable.
Compiler’s Notes.
Section 1 of S.L. 1983, ch. 4 read: “This act shall be known as ‘/tThe 1983 Idaho Emergency Fiscal Responsibility and Recovery Act’”.
Effective Dates.
Section 2 of S.L. 1927, ch. 129 declared an emergency. Approved March 2, 1927.
Section 2 of S.L. 1933 (E.S.), ch. 5 declared an emergency. Approved June 21, 1933.
Section 2 of S.L. 1977, ch. 222 declared an emergency. Approved March 31, 1977.
Section 17 of S.L. 1983, ch. 4 read: “(1) An emergency existing therefor, which emergency is hereby declared to exist, Sections 3 and 4 of this act shall be in full force and effect on and after passage and approval, and retroactively to July 1, 1982.
“(2) An emergency existing therefor, which emergency is hereby declared to exist, Section 12 of this act shall be in full force and effect on and after passage and approval, and retroactively to January 1, 1983.
“(3) An emergency existing therefor, which emergency is hereby declared to exist, Sections 2, 5, 6, 7, 8, 9, 10 and 16 [this section] of this act shall be in full force and effect on and after passage and approval.
“(4) An emergency existing therefor, which emergency is hereby declared to exist, Sections 13, 14 and 15 of this act shall be in full force and effect on and after March 1, 1983.
“(5) Section 11 of this act shall be in full force and effect on and after July 1, 1983.”
Section 2 of S. L. 1983, ch. 140 declared an emergency. Approved April 4, 1983.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 178 was effective January 2, 1995.
Section 2 of S.L. 2010, ch. 192 declared an emergency. Approved March 31, 2010.
CASE NOTES
Special Funds.
A capitol building fund was created for a temporary purpose. That purpose having been fully accomplished, the fund ceased to exist and, thereafter, the treasurer was not authorized to place money therein. Steunenberg v. Storer, 6 Idaho 44, 52 P. 14 (1898).
OPINIONS OF ATTORNEY GENERAL
Drawdown Procedures.
The constitutional restrictions of fiscal management do not appear to affect participation in the delay of drawdown procedures implemented under 5 U.S.C. § 301 and 31 C.F.R. Part 205.OAG 83-76.
§ 67-1213. Refusal to pay warrants — Penalty — Cancellation.
If the state treasurer wilfully and unlawfully refuses to pay any warrant lawfully drawn upon the treasury, he forfeits and must pay fourfold the amount, to be recovered by action against the treasurer and his sureties on his official bond or otherwise: provided, that on the first day of July of each year hereafter all warrants and treasurer’s checks, which would have been paid if presented, which have been outstanding for a period of one (1) year or more are void. On all such cancelled or void warrants or treasurer’s checks, the state treasurer is required to refuse payment and he must plainly mark across the face of every warrant or treasurer’s check presented to him for payment the words “not paid, time of redemption expired.” Said warrant, if surrendered to the state controller, shall be replaced by a new warrant in like amount.
History.
1864, p. 415, § 10; R.S., § 240; am. R.C., § 126; reen. C.L., § 126; am. 1919, ch. 123, § 2, p. 409; C.S., § 169; I.C.A.,§ 65-1113; am. 1941, ch. 26, § 1, p. 49; am. 1976, ch. 42, § 23, p. 90; am. 1994, ch. 180, § 179, p. 420.
STATUTORY NOTES
Effective Dates.
Section 2 of S.L. 1941, ch. 26 declared an emergency. Approved February 13, 1941.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 179 was effective January 2, 1995.
§ 67-1214. Delivery of bonds sold outside state.
Whenever bonds sold by the state of Idaho are to be delivered to the purchasers outside the state capital, the state treasurer is authorized and empowered to deliver the said bonds through the agency of any bank qualified as a depository of state moneys. The treasurer, upon deposit of the said bonds with such bank for delivery, shall take a receipt therefor under the seal of the bank, and such receipt shall, pending the payment to the state treasurer of the moneys due from the sale of the said bonds, be a sufficient accounting for the bonds on the part of the treasurer.
History.
1909, p. 361, § 1; reen. C.L., § 126a; C.S., § 170; I.C.A.,§ 65-1114.
STATUTORY NOTES
Cross References.
Fiscal agency in New York City,§ 67-1221.
§ 67-1215. Notice of call of warrants.
Whenever there is an amount to the credit of any state fund as shown by the books of the state treasurer, sufficient to pay the warrant or warrants next entitled to payment therefrom, the state treasurer shall immediately post at the door of his office a notice that such warrant or warrants will be paid on presentation, stating therein the number and series of any such warrant or warrants and fund or funds upon which drawn. Interest on said warrants shall cease ten (10) days after the date of said notice.
History.
1919, ch. 123, § 3, p. 409; C.S., § 172; I.C.A.,§ 65-1115.
§ 67-1216. Inspection of treasurer’s office.
The books, papers, letters and transactions pertaining to the office of treasurer, are at all times during office hours open to the inspection of a committee of the legislature, or either branch thereof, to examine and settle all accounts, or to take copies of the same, and to count all moneys; and when the successor of any such treasurer is appointed and qualified, the state controller must examine and settle all the accounts of such treasurer, remaining unsettled, and give to him a certified statement, showing the balance of moneys, securities and effects for which he is accountable, and which have been delivered to his successor, and report the same to the legislature.
History.
1864, p. 415, § 4; R.S., § 237; am. R.C., § 137; reen. C.L., § 137; C.S., § 173; I.C.A.,§ 65-1116; am. 1994, ch. 180, § 180, p. 420.
STATUTORY NOTES
Cross References.
State controller,§ 67-1001 et seq.
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 180 was effective January 2, 1995.
§ 67-1217. Treasurer’s office — Inspection by governor.
The governor of the state is hereby authorized and directed, at any time whenever he considers it necessary for the safe-keeping and disbursement of public moneys, to make an examination of the amount in the possession of the state treasurer, and for that purpose must have access to the same.
History.
1865, p. 141, § 2; R.S., § 242; am. R.C., § 138; reen. C.L., § 138; C.S., § 174; I.C.A.,§ 65-1117.
§ 67-1218. Seal of office — Certified copies of documents as evidence.
The treasurer must keep a seal of office for the authentication of all papers, writings and documents required by law to be certified by him; and copies so authenticated and certified, of all papers and documents lawfully deposited in his office, must be received in evidence as the original documents.
History.
1864, p. 415, § 9; R.S., § 239; am. R.C., § 139; reen. C.L., § 139; C.S., § 175; I.C.A.,§ 65-1118.
§ 67-1219. Deputy state treasurer and additional deputies and employees — Appointment and bond.
The state treasurer may appoint a deputy state treasurer, other deputies, official custodians, assistants and employees who shall perform official duties assigned by such principal, being subject to the same regulations and penalties, and for all whose official acts the state treasurer shall be responsible. The state treasurer shall require all deputies and employees to be bonded by blanket bond or otherwise to the state of Idaho in the time, form and manner as prescribed in chapter 8, title 59, Idaho Code.
The treasurer may fix the compensation for such deputies and other employees within the limits of appropriations made therefor, as is necessary.
History.
1893, p. 150, §§ 1, 2, 3; reen. 1899, p. 220, §§ 1, 2, 3; compiled and reen. R.C., § 140; am. 1915, ch. 114, § 1, p. 261; am. C.L., § 140; C.S., § 176; I.C.A.,§ 65-1119; am. 1971, ch. 136, § 41, p. 522; am. 1976, ch. 42, § 24, p. 90; am. 1981, ch. 3, § 1, p. 7.
§ 67-1220. Official bond.
The state treasurer must be bonded to the state of Idaho in the time, form and manner prescribed in chapter 8, title 59, Idaho Code; provided that in no event shall the amount of the bond be less than the amount of the blanket bond covering other Idaho state employees.
History.
R.S., § 234 (act Feb. 10, 1887); reen. R.C., § 141; am. 1909, p. 358, § 1; am. 1915, ch. 99, § 1, p. 238; compiled and reen. C.L., § 141; C.S., § 177; I.C.A.,§ 65-1120; am. 1971, ch. 136, § 42, p. 522; am. 1981, ch. 3, § 2, p. 7.
STATUTORY NOTES
Effective Dates.
Section 5 of S.L. 1981, ch. 3 declared an emergency. Approved February 17, 1981.
CASE NOTES
Acts Covered by Bond.
Duties enjoined upon state treasurer, providing that he shall receive and disburse funds of irrigation district in payment of bonds of district and district’s obligations under federal contracts, are official acts as contemplated by statute relative to official bonds which, in the absence of legislative act requiring a special bond, are guaranteed by treasurer’s official bond. Hurlebaus v. American Falls Reservoir Dist., 49 Idaho 158, 286 P. 598 (1930).
§ 67-1221. Fiscal agency in New York City.
The state treasurer may appoint a reputable bank in the city of New York as fiscal agent of the state of Idaho. Such fiscal agent may, under the instructions of the state treasurer, receive and pay out moneys for the state of Idaho. The state treasurer shall, in selecting such fiscal agent, obtain the best terms possible for handling any business of the state which requires payment in the city of New York. Any commissions or charges or expenses for services shall be a proper charge, in the following order, against:
- The proceeds of any bond or note sale for which such fiscal agent is appointed, or
- The office appropriation of the state treasurer.
Upon formal application to the state treasurer by the holder of any bond or obligation of the state of Idaho, both principal and interest may be paid in the city of New York by such fiscal agent. In all other respects, the provisions of the state depository law must obtain.
History.
1921, ch. 60, § 1, p. 112; I.C.A.,§ 65-1121; am. 1976, ch. 42, § 25, p. 90; am. 1977, ch. 224, § 1, p. 669; am. 1983, ch. 69, § 1, p. 154.
STATUTORY NOTES
Cross References.
State depository law,§ 67-2723 et seq.
Effective Dates.
Section 3 of S.L. 1921, ch. 60 declared an emergency. Approved March 8, 1921.
Section 42 of S.L. 1976, ch. 42, read: “An emergency existing therefore, which emergency is hereby declared to exist, sections 1, 2 and 3 of this act shall be in full force and effect on and after its passage and approval; sections 16, 34, 35, 36, and 37 of this act shall be in full force and effect on and after July 1, 1977. All other sections shall be in full force and effect on and after July 1, 1976.”
Section 2 of S.L. 1977, ch. 224 declared an emergency. Approved March 31, 1977.
Section 2 of S.L. 1983, ch. 69 declared an emergency and provided that the act should be in full force and effect on and after its passage and approval, retroactive to July 1, 1982. Approved March 21, 1983.
§ 67-1222. Reports to be filed
Bond issues. [Repealed.]
Repealed by S.L. 2010, ch. 58, § 1, effective July 1, 2010.
History.
I.C.,§ 67-1222, as added by 1989, ch. 238, § 1, p. 582; am. 2005, ch. 390, § 1, p. 1261.
§ 67-1223. Idaho commemorative silver medallions issued by the state treasurer.
- The state treasurer is hereby authorized to issue a series of commemorative silver medallions for sale to the public. Each series shall commemorate Idaho history, people or resources and may bear the great seal of the state of Idaho. Medallions shall contain one (1) ounce of fine silver, shall be alloyed to at least ninety percent (90%) fineness, and shall not constitute legal tender. No sales or use tax shall be imposed on the sale or purchase of medallions from the state treasurer or any agent designated by the state treasurer. Only mints which have contracted with the state treasurer may produce Idaho commemorative silver medallions. Any other production of such medallions is a misdemeanor.
- The state treasurer shall make such arrangements as the state treasurer considers appropriate for the production, promotion, distribution and sale of medallions, and shall ensure that all moneys received from the sale of medallions are paid into the state treasury and credited to the state veterans cemetery maintenance fund created in section 65-107, Idaho Code. Provided however, the state treasurer is hereby authorized to retain such amounts from the sale of medallions as necessary to repay costs incurred by the state treasurer in the promotion, shipping and handling of medallions. Provided further, if the initial cost to mint a series of medallions is provided by moneys from another state fund, then such other fund shall first be reimbursed for such costs before the remaining revenues are credited to the state veterans cemetery maintenance fund. The revenues shall be used for the purposes designated in section 65-107, Idaho Code.
- The state treasurer, in collaboration with a committee of legislators comprised of representatives appointed by the speaker of the house of representatives and senators appointed by the president pro tempore of the senate, shall determine the number of medallions to be issued in a series, shall determine the number of series to be issued, and shall approve the design of medallions for each series.
-
The state treasurer, as agent of the state of Idaho, is hereby directed to obtain a federal trademark on the design of each series of medallions issued, and is further authorized, after consultation with the attorney general, to register for a state trademark under chapter 5, title 48, Idaho Code. The design of each series of Idaho commemorative silver medallions is the property of the state of Idaho, and the state of Idaho and the taxpayers shall be deemed to have a trademark on each design. It is the duty of the state treasurer to protect each and every trademark.
- If a person reproduces a trademark medallion design and distributes any product using any such design for the purpose of direct or indirect commercial advantage, the person shall owe to the state treasurer, as the agent of the state of Idaho, a royalty fee in addition to the revenues derived from the sale of products using a medallion design. Any person who reproduces a trademark design and distributes any product with a medallion design in violation of the provisions of this subsection (4), shall be deemed to be an infringer of the state of Idaho’s trademark. The state treasurer, through the office of the attorney general, is entitled to institute an action for any infringement of that particular right committed while the state treasurer or his designated agent has custody of the trademark.
- A court having jurisdiction of a civil action arising under this subsection (4) may grant such relief as it deems appropriate. At any time while an action under this subsection (4) is pending, the court may order the impounding, on such terms as it deems reasonable, of all products in inventory of the infringer which are in violation of law.
- An infringer on the state of Idaho’s trademark pursuant to this subsection (4) is liable for any profits the infringer has incurred reproducing a trademark design and distributing products using the design for commercial purposes or is liable for statutory damages as provided in paragraph (d) of this subsection (4).
- The state treasurer, as agent of the trademark owner, may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to a trademark medallion design for which any one (1) infringer is liable individually, or for which any two (2) or more infringers are liable jointly and severally, in a sum of not less than two hundred fifty dollars ($250) or more than ten thousand dollars ($10,000), as the court considers just.
- In any civil action under this subsection (4), the court may allow the recovery of full costs by or against any party and may also award reasonable attorney’s fees to the prevailing party as part of the costs.
- Medallions in the first series issued shall commemorate “Support of Idaho’s Heroes” to honor the courage and sacrifice of all Idaho servicemen and veterans of the United States armed forces and Idaho military branches of the armed services.
History.
I.C.,§ 67-1223, as added by 2003, ch. 369, § 2, p. 979; am. 2004, ch. 292, § 1, p. 816.
STATUTORY NOTES
Cross References.
Attorney general,§ 67-1401 et seq.
Penalty for misdemeanor when not otherwise provided,§ 18-113.
Effective Dates.
Section 4 of S.L. 2003, ch. 369 declared an emergency. Approved May 8, 2003.
Section 2 of S.L. 2004, ch. 292 declared an emergency. Approved March 23, 2004.
§ 67-1224. Idaho credit rating enhancement committee — Membership — Compensation — Quorum — Meetings — Personnel.
- There is hereby established in the office of the state treasurer the Idaho credit rating enhancement committee. The committee shall consist of the following members: the state treasurer, the administrator of the division of financial management, one (1) senator appointed by the president pro tempore of the senate and one (1) member of the house of representatives appointed by the speaker of the house of representatives. Other members of the committee shall be appointed by the governor after considering recommendations of the state treasurer and shall consist of one (1) member from each of the following entities knowledgeable on matters of public finance, including the Idaho state municipal bond bank [Idaho bond bank authority], Idaho housing and finance association, Idaho state building authority, the department of education as a representative of the school bond guarantee fund [public school guarantee fund] and one (1) member at large.
- The term of an appointed member is two (2) years, but an appointed member serves at the pleasure of the appointing authority. Before the expiration of the term of an appointed member, the appointing authority shall appoint a successor. If there is a vacancy for any reason in the office of an appointed member, the appointing authority shall make an appointment to become immediately effective for the unexpired term.
- A member of the committee shall be entitled to compensation and expenses as provided in section 59-509(b), Idaho Code, which shall be paid by the state treasurer.
- The state treasurer shall serve as chairperson of the committee, with such powers and duties necessary for the performance of that office as the committee determines appropriate.
- A majority of the members of the committee constitutes a quorum for the transaction of business.
- The committee shall meet at times and places specified by the call of the chairperson or by a majority of the members of the committee.
- The office of the state treasurer shall provide the committee with office space and clerical and other administrative support.
History.
I.C.,§ 67-1224, as added by 2005, ch. 159, § 1, p. 491; am. 2013, ch. 219, § 1, p. 514.
STATUTORY NOTES
Cross References.
Department of education,§ 33-125.
Division of financial management,§ 67-1910.
Idaho housing and finance association,§ 67-6201 et seq. Idaho state building authority,§ 67-6401 et seq.
Amendments.
The 2013 amendment, by ch. 219, deleted the first sentence in subsection (6), which read, “The committee shall meet at least once every six (6) months at a time and place determined by the committee.”
Compiler’s Notes.
The first bracketed insertion in the last sentence in subsection (1) was added by the compiler to correct the name of the referenced entity. See§ 67-8701 et seq.
The second bracketed insertion near the end of subsection (1) was added by the compiler to correct the name of the referenced fund. See§ 33-5309.
RESEARCH REFERENCES
Idaho Law Review.
Idaho Law Review. — Idaho Administrative Law: A Primer for Students and Practitioners, Richard Henry Seamon. 51 Idaho L. Rev. 421 (2015).
§ 67-1225. Powers and duties of credit rating enhancement committee.
The Idaho credit rating enhancement committee shall advise the governor and the legislature regarding policies and action that enhance and preserve the state’s credit rating and maintain the future availability of low-cost capital financing. In carrying out this function, the committee shall report findings and recommendations to the governor and the speaker of the house of representatives and the president pro tempore of the senate by December 1 of each year.
History.
I.C.,§ 67-1225, as added by 2005, ch. 159, § 2, p. 491; am. 2013, ch. 219, § 2, p. 514; am. 2018, ch. 85, § 1, p. 190.
STATUTORY NOTES
Amendments.
The 2013 amendment, by ch. 219, deleted former subsections (1) and (2), relating to debt capacity targets, and deleted the designation from the remaining provisions, former subsection (3).
The 2018 amendment, by ch. 85, substituted “December 1” for “August 1” near the end of the section.
§ 67-1226. Local government investment pool.
The state treasurer is hereby authorized to establish and maintain a pooled investment program for the benefit of public agencies including, but not limited to, municipalities, districts, political subdivisions, political or public corporations, and public charter schools of the state of Idaho. Any public agency is hereby authorized to invest funds not immediately required for activities of such entity in the pooled investment program. Notwithstanding the provisions of any statute of the state of Idaho to the contrary, the state treasurer may invest the funds of a pooled investment program in any investment the state treasurer is authorized by law to acquire using the idle moneys of the state of Idaho. The costs of investing such funds pursuant to this section shall be paid from the funds invested or the earnings on such funds.
History.
I.C.,§ 67-1226, as added by 2011, ch. 213, § 1, p. 600; am. 2017, ch. 138, § 1, p. 331.
STATUTORY NOTES
Amendments.
The 2017 amendment, by ch. 138, in the first sentence, inserted “public agencies including, but not limited to” and “and public charter schools” and substituted “public agency” for “municipality, district, political subdivision or political or public corporation” in the second sentence.
§ 67-1227. Investment at request of state agency.
At the request of an agency, the state treasurer is hereby authorized to accept for investment the funds of an Idaho agency or funds held in trust by an Idaho agency that are not idle moneys subject to investment under section 67-1210, Idaho Code. The state treasurer may invest the funds submitted for investment under this section in any investment the treasurer is authorized by law to acquire using the idle moneys of the state of Idaho. The state treasurer may pool funds submitted for investment under this section with funds invested by the state treasurer under any program authorized by this chapter. The treasurer may require the agency certify its authority to submit the funds for investment by the state treasurer and its authority to invest the funds in the investments authorized by this section. The costs of investing funds pursuant to this section shall be paid from the funds invested or the earnings on such funds or from a fund designated in advance by the agency.
History.
I.C.,§ 67-1227, as added by 2016, ch. 167, § 4, p. 462.
STATUTORY NOTES
Effective Dates.
Section 6 of S.L. 2016, ch. 167 declared an emergency. Approved March 23, 2016.
§ 67-1228. Treasurer’s administrative fund.
-
There is hereby created in the state treasury the treasurer’s administrative fund to which shall be credited:
- Fees and charges collected pursuant to law to cover costs associated with services or administration provided by the treasurer and not paid by the general fund including, but not limited to, moneys paid to the treasurer pursuant to sections 33-5409, 67-1202, 67-1227 and 67-8729, Idaho Code; and
- All other moneys as may be provided by law.
- Moneys in the fund shall be continuously appropriated to the treasurer and any moneys remaining in the fund at the end of each fiscal year shall not be appropriated to any other fund.
- Moneys in the fund shall only be used to pay costs associated with the services or administration provided by the treasurer pursuant to law and not paid by the general fund.
History.
I.C.,§ 67-1228, as added by 2016, ch. 167, § 5, p. 462.
STATUTORY NOTES
Cross References.
General fund,§ 67-1205.
Effective Dates.
Section 6 of S.L. 2016, ch. 167 declared an emergency. Approved March 23, 2016.
§ 67-1229. Interaccount transactions.
Any unit of the treasurer providing services to departments of state government as authorized in this chapter may charge and receive payment for services and associated costs for a period of time not to exceed the current appropriation of the department requesting such services. Such payments may be used for direct costs, personnel costs and operating expenditures of the unit providing the services.
History.
I.C.,§ 67-1229, as added by 2017, ch. 236, § 2, p. 582.
Chapter 13 CUSTODIAN FOR MONEY AND SECURITIES HELD BY STATE
Sec.
§ 67-1301. State treasurer appointed as custodian.
The treasurer of the state of Idaho, where not otherwise provided by law, is hereby appointed custodian for all money, bonds, debentures or other securities, the property of the state of Idaho by or through any department or institution of the state of Idaho, or taken to be held as collateral for the security of the state of Idaho. The treasurer may appoint additional or multiple custodians to act with him in carrying out the purposes of this act.
History.
1923, ch. 125, § 1, p. 170; I.C.A.,§ 65-1201; am. 1981, ch. 3, § 3, p. 7.
STATUTORY NOTES
Cross References.
State treasurer,§ 67-1201 et seq.
Compiler’s Notes.
The term “this act” at the end of this section refers to S.L. 1981, Chapter 3, which is codified as§§ 67-1219, 67-1220, 67-1301, and 67-1303. Probably, the reference should be to “this chapter,” being chapter 13, title 67, Idaho Code.
§ 67-1302. Delivery of money and securities to state treasurer — Receipts.
All officers or employees of the state of Idaho receiving such money, bonds, debentures or other securities on behalf of the state shall, where not otherwise provided by law, deliver the same to the state treasurer, who shall issue to the officer or employee making such delivery his receipt covering same.
History.
1923, ch. 125, § 2, p. 170; I.C.A.,§ 65-1202.
STATUTORY NOTES
Cross References.
State treasurer,§ 67-1201 et seq.
§ 67-1303. Duties of state treasurer connected with custody.
It shall be the duty of the state treasurer, and such additional or multiple custodians appointed by the treasurer to act with him in carrying out the purposes of this act, after receiving such money, bonds, debentures or other securities to properly protect the state by complying with all of the necessities and duties devolving upon the holder of such money, bonds, debentures or other securities, and in the case of securities held for collateral, to redeliver same to the proper state officer or employee upon demand, getting therefrom his receipt for the same, to the end that said officer or employee may redeliver same to the original depositor, upon the fulfillment of the conditions under which said collateral was held by the state.
History.
1923, ch. 125, § 3, p. 170; I.C.A.,§ 65-1203; am. 1981, ch. 3, § 4, p. 7.
STATUTORY NOTES
Cross References.
State treasurer,§ 67-1201 et seq.
Compiler’s Notes.
The term “this act” near the beginning of this section refers to S.L. 1981, Chapter 3, which is codified as§§ 67-1219, 67-1220, 67-1301, and 67-1303. Probably, the reference should be to “this chapter,” being chapter 13, title 67, Idaho Code.
Effective Dates.
Section 4 of S.L. 1923, ch. 125 declared an emergency. Approved March 10, 1923.
Section 5 of S.L. 1981, ch. 3 declared an emergency. Approved February 17, 1981.
§ 67-1304. Custodians of federally insured deposits.
Whenever the time deposits made by the state treasurer with financial institutions may be insured in whole or in part by the federal deposit insurance corporation, the federal savings and loan insurance corporation, or other federal program, and the amount of insurance available may be affected by the appointment of multiple custodians, the state treasurer shall appoint multiple custodians in such a manner as to maximize the amount of insurance provided.
History.
I.C.,§ 67-1304, as added by 1985, ch. 170, § 1, p. 449.
STATUTORY NOTES
Cross References.
State treasurer,§ 67-1201 et seq.
Federal References.
The federal deposit insurance corporation, referred to in this section, is established at 12 U.S.C.S. § 1811.
Compiler’s Notes.
The federal savings and loan insurance corporation, referred to in this section, was abolished by P.L. 101-73 in 1989 and its insurance duties were transferred to the federal deposit insurance corporation. See https://www.fdic.gov .
Effective Dates.
Section 2 of S.L. 1985, ch. 170 declared an emergency. Approved March 21, 1985.
Chapter 14 ATTORNEY GENERAL
Sec.
§ 67-1401. Duties of attorney general.
Except as otherwise provided in this chapter, it is the duty of the attorney general:
- To perform all legal services for the state and to represent the state and all departments, agencies, offices, officers, boards, commissions, institutions and other state entities in all courts and before all administrative tribunals or bodies of any nature. Representation shall be provided to those entities exempted pursuant to the provisions of section 67-1406, Idaho Code. Whenever required to attend upon any court or administrative tribunal, the attorney general shall be allowed necessary and actual expenses, all claims for which shall be audited by the state board of examiners.
- To advise all departments, agencies, offices, officers, boards, commissions, institutions and other state entities in all matters involving questions of law.
- After judgment in any of the causes referred to in this chapter, to direct the issuing of such process as may be necessary to carry the same into execution.
- To account for and pay over to the proper officer all moneys received which belong to the state.
- To enforce the Idaho charitable solicitation act, chapter 12, title 48, Idaho Code; the Idaho nonprofit hospital sale or conversion act, chapter 15, title 48, Idaho Code; to supervise charitable organizations, as such term is defined in section 48-1903(4), Idaho Code; and to enforce whenever necessary any noncompliance or departure from the charitable purpose of such charitable organizations as set forth and provided in chapter 19, title 48, Idaho Code.
- To give an opinion in writing, without fee, to the legislature or either house thereof, or any senator or representative, and to the governor, secretary of state, treasurer, state controller, and the superintendent of public instruction, when requested, upon any question of law relating to their respective offices. The attorney general shall keep a record of all written opinions rendered by the office and such opinions shall be compiled annually and made available for public inspection. All costs incurred in the preparation of said opinions shall be borne by the office of the attorney general. A copy of the opinions shall be furnished to the supreme court and to the state librarian.
- When required by the public service, to repair to any county in the state and assist the prosecuting attorney thereof in the discharge of duties.
- To bid upon and purchase, when necessary, in the name of the state, and under the direction of the state controller, any property offered for sale under execution issued upon judgments in favor of or for the use of the state, and to enter satisfaction in whole or in part of such judgments as the consideration for such purchases.
- Whenever the property of a judgment debtor in any judgment mentioned in subsection (8) of this section has been sold under a prior judgment, or is subject to any judgment, lien, or encumbrance, taking precedence of the judgment in favor of the state, under the direction of the state controller, to redeem such property from such prior judgment, lien, or encumbrance; and all sums of money necessary for such redemption must, upon the order of the board of examiners, be paid out of any money appropriated for such purposes.
- When necessary for the collection or enforcement of any judgment hereinbefore mentioned, to institute and prosecute, in behalf of the state, such suits or other proceedings as may be necessary to set aside and annul all conveyances fraudulently made by such judgment debtors; the cost necessary to the prosecution must, when allowed by the board of examiners, be paid out of any appropriations for the prosecution of delinquents. (11) To exercise all the common law power and authority usually appertaining to the office and to discharge the other duties prescribed by law.
(12) To report to the governor, at the time required by this section, the condition of the affairs of the attorney general’s office and of the reports received from prosecuting attorneys.
(13) To appoint deputy attorneys general and special deputy attorneys general and other necessary staff to assist in the performance of the duties of the office. Such deputies and staff shall be nonclassified employees within the meaning of section 67-5302, Idaho Code.
(14) To establish a medicaid fraud control unit pursuant to the provisions of section 56-226, Idaho Code, and to exercise concurrent investigative and prosecutorial authority and responsibility with county prosecutors to prosecute persons for the violation of the criminal provisions of chapter 2, title 56, Idaho Code, and for criminal offenses that are not defined in said chapter 2, title 56, Idaho Code, but that involve or are directly related to the use of medicaid program funds or services provided through the medicaid program.
(15) To seek injunctive and any other appropriate relief as expeditiously as possible to preserve the rights and property of the residents of the state of Idaho, and to defend as necessary the state of Idaho, its officials, employees and agents in the event that any law or regulation violating the public policy set forth in the Idaho health freedom act, chapter 90, title 39, Idaho Code, is enacted by any government, subdivision or agency thereof.
(16) To establish an internet crimes against children unit pursuant to the provisions of section 67-1410, Idaho Code, and to exercise concurrent investigative and prosecutorial authority and responsibility with county prosecutors to prosecute persons for the violation of the criminal provisions of sections 18-1507, 18-1509A, 18-1513 and 18-1515, Idaho Code, which may also encompass criminal offenses that are not defined in said sections but that involve or are directly related to child pornography and solicitation of minors for pornography, prostitution or sex-related offenses.
(17) To respond to allegations of violation of state law by elected county officers, to investigate such claims, to issue appropriate findings and to refer such cases for further investigation and prosecution pursuant to section 31-2002, Idaho Code.
(18) To establish a sobriety and drug monitoring program to reduce the number of people on Idaho’s highways who drive under the influence of alcohol or drugs, reduce the number of repeat offenders for certain offenses in which the abuse of alcohol or drugs was a contributing factor, and increase pretrial and posttrial options for prosecutors and judges in responding to repeat DUI offenders and offenders for certain crimes in which the abuse of alcohol or drugs was a contributing factor in the commission of the crime, and to adopt such rules and establish such fees as are necessary for the operation of said program, as set forth by law.
History.
1884, p. 31, § 3; R.S., § 250; am. 1901, p. 162, § 1; compiled and reen. R.C., § 142; reen. C.L., § 142; C.S., § 178; am. 1923, ch. 110, § 1, p. 139; I.C.A.,§ 65-1301; am. 1963, ch. 161, § 1, p. 475; am. 1972, ch. 203, § 1, p. 561; am. 1976, ch. 366, § 1, p. 1202; am. 1986, ch. 6, § 1, p. 44; am. 1994, ch. 180, § 181, p. 420; am. 1995, ch. 141, § 1, p. 599; am. 1998, ch. 245, § 1, p. 806; am. 2001, ch. 61, § 2, p. 112; am. 2007, ch. 341, § 10, p. 1000; am. 2010, ch. 46, § 2, p. 84; am. 2013, ch. 245, § 1, p. 593; am. 2014, ch. 240, § 3, p. 604; am. 2014, ch. 280, § 3, p. 707; am. 2015, ch. 244, § 45, p. 1008; am. 2020, ch. 321, § 2, p. 921.
STATUTORY NOTES
Cross References.
Children’s trust account board, voting member,§ 39-6001.
Crime, moneys received as a result of commission, action to require deposit in escrow account,§ 19-5301.
Declaratory judgment, constitutional question involved, attorney general may be heard,§ 10-1211.
Disinterment of bodies for legal purposes, special permits,§ 39-269.
Election,§ 34-612.
Elections, recount of ballots, duties,§ 34-2301 et seq.
Farm produce price discrimination, prosecution for violations of act upon complaint of department of agriculture,§ 22-1604.
Forest protective districts, enforcement of liens against property of nonresidents in,§ 38-128.
Gasoline, lubricating oil and fuel oil, adulteration and misbranding, prosecutions under law concerning,§ 37-2509.
Industrial commission, duty to represent,§ 72-518.
Initiative and referendum petitions, preparation of ballot title,§ 34-1809.
Liquor Act, enforcement of,§ 23-801 et seq.
Loyalty oath,§ 59-401.
Member of board of examiners, Idaho Const., Art. IV, § 18.
Plumbing law, representing state in all actions under,§ 54-2629.
Secretary of state,§ 67-901 et seq.
Social Work Licensing Act, duties,§ 54-3216.
State board of examiners,§ 67-2001 et seq.
State controller,§ 67-1001 et seq.
State librarian,§ 33-2504.
State treasurer,§ 67-1201 et seq.
Subpoenas on behalf of state, prepayment of fees not required,§ 9-1605.
Superintendent of public instruction,§ 67-1501 et seq.
Usurpation of state offices, attorney general to bring action,§ 6-602.
Worker’s compensation, industrial administration fund, duties,§§ 72-525 to 72-527.
Worker’s compensation, industrial special indemnity fund, duties,§ 72-330.
Worker’s compensation law, enforcement, duty,§ 72-518.
Amendments.
The 2007 amendment, by ch. 341, added subsection (14).
The 2010 amendment by ch. 46, added subsection (15).
The 2013 amendment, by ch. 245, substituted “this chapter” for “the first subdivision” in subsection (3); substituted “subsection (8) of this section” for “the preceding subdivision” in subsection (9); substituted “section” for “code” in subsection (12); and added subsection (16).
This section was amended by two 2014 acts which appear to be compatible and have been compiled together. The 2014 amendment, by ch. 240, added subsection [(18)](17).
The 2014 amendment, by ch. 280, added subsection (17).
The 2015 amendment, by ch. 244, renumbered the last subsection from “(17)” to “(18)”.
The 2020 amendment, by ch. 321, rewrote subsection (5), which formerly read: “To supervise nonprofit corporations, corporations, charitable or benevolent societies, person or persons holding property subject to any public or charitable trust and to enforce whenever necessary any noncompliance or departure from the general purpose of such trust and, in order to accomplish such purpose, said nonprofit corporations, corporations, charitable or benevolent societies, person or persons holding property subject to any public or charitable trust are subject at all times to examination by the attorney general, on behalf of the state, to ascertain the condition of its affairs and to what extent, if at all, said trustee or trustees may have failed to comply with trusts said trustee or trustees have assumed or may have departed from the general purpose for which it was formed. In case of any such failure or departure, the attorney general shall institute, in the name of the state, any proceeding necessary to enforce compliance with the terms of the trust or any departure therefrom.”
Legislative Intent.
Section 2 of S.L. 2014, ch. 240 provided: “Legislative Intent. The Legislature declares that driving in Idaho is a privilege, not a right. A driver who wishes to enjoy the benefits of this privilege must accept the corresponding responsibilities. The Legislature further declares that the purpose of this act is to protect the public health and welfare by reducing the number of people on Idaho’s highways who drive under the influence of alcohol or dangerous drugs; to protect the public health and welfare by reducing the number of repeat offenders for certain offenses in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime; and to strengthen the pretrial and posttrial options available to prosecutors and judges in responding to repeat DUI offenders and offenders for certain crimes in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime.”
Compiler’s Notes.
Section 1 of S.L. 2014, ch. 240 provided: “Short Title. This act shall be known and may be cited as the ‘Idaho 24/7 Sobriety and Drug Monitoring Program Act.’”
Effective Dates.
Section 2 of S.L. 1972, ch. 203 provided the act should take effect on and after July 1, 1972.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 181 was effective January 2, 1995.
Section 7 of S.L. 1995, ch. 141 provided that the act would be in full force and effect on July 1, 1995 and that the provisions of section 6 “shall govern fiscal matters only during fiscal year 1996”.
CASE NOTES
Authorization of Appeals.
Where the attorney general of the state of Idaho had not participated in a county prosecuting attorney’s appeal from an order which terminated a criminal action by joining in the notice of appeal, the appeal was not authorized by the attorney general and was, therefore, dismissed. State v. Ott, 100 Idaho 795, 605 P.2d 973 (1980).
Cases in Supreme Court.
Attorney general is attorney for a county on an appeal from a judgment in a suit in which county is a party and must be served as such with the transcript and brief of appellant. Corker v. Elmore County, 11 Idaho 787, 84 P. 509 (1906).
Attorney general is attorney for state on an appeal from a judgment of conviction in a criminal case and must be served with transcript and appellant’s brief. State v. Miles, 11 Idaho 784, 83 P. 697 (1906); State v. Squires, 15 Idaho 327, 97 P. 411 (1908); State v. Burgy, 22 Idaho 586, 126 P. 779;, 22 Idaho 588, 126 P. 780 (1912); State v. Cole, 31 Idaho 603, 174 P. 131 (1918).
Charitable Trusts.
The 1963 amendment to this section added the duty of enforcing charitable trusts to the duties of the attorney general. Sawyer v. Huff, 86 Idaho 328, 386 P.2d 563 (1963).
The supervisory power over charitable trusts given the attorney general by this section does not prevent a bequest to “some worthy, charitable, or public institution or institutions to be selected by my executors and my attorney” from being invalid because of indefiniteness of beneficiary. Yribar v. Fitzpatrick, 91 Idaho 105, 416 P.2d 164 (1966).
Delegation of Duties by Legislature.
Legislature was authorized to delegate to attorney general the task of selecting short title for initiated measures. In re Idaho State Fed’n of Labor, 75 Idaho 367, 272 P.2d 707 (1954).
Duty to Defend.
In General.
The attorney general properly defended two judges in an action wherein plaintiff alleged that the judges acted wrongfully by ruling against him in a bank’s suit to foreclose a mortgage. Parsons v. Beebe, 116 Idaho 551, 777 P.2d 1224 (Ct. App. 1989). In General.
This section does not purport to authorize the attorney general to serve in the capacity of a litigant unless he is a “party” in his official capacity. Idaho ex rel. Robson v. First Sec. Bank, 315 F. Supp. 274 (D. Idaho 1970).
The attorney general is responsible for the legal representation for all state agencies. Kelso v. Lance, 134 Idaho 373, 3 P.3d 51 (2000).
Private Interests.
In seeking to represent the interests of private entities insured by the state insurance fund, the attorney general was not improperly representing the “people of the state” as a whole. Selkirk Seed Co. v. Forney, 134 Idaho 98, 996 P.2d 798 (2000).
The attorney general may represent private interests in conjunction with state departments, agencies and commissions. Selkirk Seed Co. v. Forney, 134 Idaho 98, 996 P.2d 798 (2000).
Prosecution of State Penal Laws.
Through a series of statutes, the state has made it the primary duty of the county prosecutor to enforce the state penal laws, and the attorney general is not authorized to assume the full duties of prosecution from the county prosecutor. Newman v. Lance, 129 Idaho 98, 922 P.2d 395 (1996).
Right to File Cross-Complaint.
The attorney general had the right and authority to file a cross-complaint, and, thereafter, the court had jurisdiction over the state for the purposes of granting or denying the relief prayed for by the state in its cross-complaint. Howard v. Cook, 59 Idaho 391, 83 P.2d 208 (1938).
Staff Members of Attorney General.
A motion to dismiss was without merit and was denied where the record of the case showed that a member of the attorney general’s staff represented appellant in the district court and that the appeal was taken with the full knowledge of the attorney general in that he, through a member of his staff, specifically requested in writing that the attorney representing appellant be substituted for the attorney general as attorneys of record for appellant on this appeal, such attorneys representing appellant being members in good standing of the Idaho state bar, appearing without cost to the state of Idaho, and the appellant and the attorney general both being personally present during the oral presentation of this appeal. Caesar v. Williams, 84 Idaho 254, 371 P.2d 241 (1962).
State Agencies.
When determining the status of the state insurance fund (SIF) for a potential conflict of interest pursuant to legal representation, the SIF is considered a state agency. Kelso v. Lance, 134 Idaho 373, 3 P.3d 51 (2000).
State Immunity.
Given the broad language employed in this section and the extent to which the state government is involved with the state insurance fund (SIF), the attorney general acted within the bounds of statutory authority in contracting to represent SIF and its non-governmental insureds. Selkirk Seed Co. v. Forney, 134 Idaho 98, 996 P.2d 798 (2000). State Immunity.
Since the attorney general is powerless to waive this state’s common law sovereign immunity in state court, a fortiori he is powerless to waive this state’s eleventh amendment immunity. Mazur v. Hymas, 678 F. Supp. 1473 (D. Idaho 1988).
Cited
Kootenai County v. Hope Lumber Co., 13 Idaho 262, 89 P. 1054 (1907); Hedin v. Westdala Lutheran Church, 59 Idaho 241, 81 P.2d 741 (1938); State v. Taylor, 59 Idaho 724, 87 P.2d 454 (1939); Taylor v. State, 62 Idaho 212, 109 P.2d 879 (1941); Padgett v. Williams, 82 Idaho 28, 348 P.2d 944 (1960); Cenarrusa v. Andrus, 99 Idaho 404, 582 P.2d 1082 (1978); State ex rel. Haman v. Fox, 100 Idaho 140, 594 P.2d 1093 (1979).
OPINIONS OF ATTORNEY GENERAL
When Required.
Attorney general is required to give opinions to legislature, state officers, and heads of state departments only when requested to do so in writing and then only in matters relating to their duties or matters in which state is a party or is directly interested. The custom seems to prevail (based upon a misunderstanding of the duties of attorney general) whereby county and school district officers and private citizens write for opinions upon nearly every conceivable subject.OAG 1897-1898, p. 5;OAG 1901-1902, p. 27;OAG 1905-1906, pp. 117, 122, 133, 135, 137;OAG 1907-1908, p. 6.
§ 67-1402. Official bond.
The attorney general must be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code.
History.
R.S., § 252; reen. R.C. & C.L., § 143; C.S., § 179, I.C.A.,§ 65-1302; am. 1971, ch. 136, § 43, p. 522.
§ 67-1403. Legal services for state to be furnished by attorney general. [Vetoed.]
STATUTORY NOTES
Compiler’s Notes.
The governor’s veto of S.L. 1976, ch. 366 (S.B. 1428), § 2, which enacted this section, was upheld by the supreme court in Cenarrusa v. Andrus , 99 Idaho 404, 582 P.2d 1082 (1978), overruled on other grounds, Nate v. Denney , 2017 Ida. LEXIS 238 (July 18, 2017).
§ 67-1404. [Reserved.]
- The department of health and welfare, each city police department, each county sheriff and the Idaho state police shall submit to the office of the attorney general a report of each child sexual abuse incident reported to each agency of state or local government. The report shall contain such information as specified by the attorney general. It shall be the duty of the attorney general to the greatest extent possible to use and develop the information required in this section on forms currently in use by each governmental entity, thus avoiding unnecessary paperwork.
- It shall be the duty of each county prosecuting attorney to submit to the office of the attorney general a report of each child sexual abuse case handled by the prosecuting attorney. The report required pursuant to this section shall be designed by the attorney general to minimize the paperwork impact on each county prosecutor.
- The administrative office of the courts shall submit to the office of the attorney general a report showing the disposition of each child sexual abuse case handled by each of the district courts throughout the state. This reporting requirement may be satisfied by submission of a copy of a judgment made and entered in each case.
- The commission of pardons and parole shall submit to the office of the attorney general a report showing the release or discharge of any individual convicted of a crime involving child sexual abuse. Such report shall be designed to minimize the paperwork impact upon the commission.
- The office of the attorney general in conjunction with the governor of the state of Idaho shall report, prepare and submit to the legislature a report showing all of the statistical data and information compiled as a result of the reporting requirement contained within this section. This report shall be prepared and submitted no later than January 20 of each year.
History.
I.C.,§ 67-1405, as added by 1989, ch. 382, § 2, p. 952; am. 2000, ch. 469, § 132, p. 1450; am. 2015, ch. 244, § 46, p. 1008.
STATUTORY NOTES
Cross References.
Administrative director of the courts,§ 1-611 et seq.
Department of health and welfare,§ 56-1001 et seq.
Idaho state police,§ 67-2901 et seq. Commission of pardons and parole,§ 20-210.
Amendments.
The 2015 amendment, by ch. 244, substituted “commission of pardons and parole” for “commission on pardons and parole” near the beginning of subsection (4).
Legislative Intent.
Acts 1989, ch. 382, § 1 provided: “During the first regular session of the centennial legislature, many bills were proposed dealing with the problem of child sexual abuse. The legislature found that information regarding child sexual abusers was incomplete. The purpose of this act is to provide a mechanism whereby information can be collected and collated on a statewide basis so that future policy decisions of the legislature can be based upon a more substantial body of evidence.”
§ 67-1406. Employment of attorneys restricted — Exemptions.
Notwithstanding any other provision of law to the contrary, no department, agency, office, officers, board, commission, institution or other state entity shall be represented by or obtain its legal advice from an attorney at law other than the attorney general except as follows:
- The legislative and judicial branches of government and the governor may employ attorneys other than those under the supervision of the attorney general, and such attorneys may appear in any court. However, such entities may, upon request, utilize the attorney general’s legal services.
- Those state entities within the department of self-governing agencies which are enumerated in sections 67-2601(2)(a), 67-2601(2)(b) and 67-2601(3), Idaho Code, and colleges and universities may employ private counsel to advise them and represent them before courts of the state of Idaho. Such entities may also obtain legal services from the attorney general on such terms as the parties may agree.
- Whenever the attorney general determines that it is necessary or appropriate in the public interest, the attorney general may authorize contracts for legal services pursuant to the provisions of section 67-1409, Idaho Code.
- The provisions of section 67-1401, Idaho Code, shall govern the normal relationship between the attorney general and the state entities in the executive branch of state government. However, if after consultation with the attorney general, the governor determines in his sole judgment, which shall not be subject to judicial review, that counsel assigned to represent or give legal advice to any state entity, other than the lieutenant governor, state controller, state treasurer, secretary of state, attorney general, and the superintendent of public instruction, cannot effectively advocate or pursue the policies of the governor, the governor shall request that other counsel be provided by the attorney general, and the attorney general shall provide from within the office of the attorney general or obtain from outside the office of the attorney general, depending upon the request of the governor, qualified counsel acceptable to the governor to represent such state entity.
- Any separate counsel employed pursuant to the foregoing exceptions shall be compensated with funds appropriated to such state entity, unless such separate counsel shall have been employed at the request or convenience of the attorney general or because of a conflict in representation by the attorney general.
History.
I.C.,§ 67-1406, as added by 1995, ch. 141, § 2, p. 599; am. 2001, ch. 61, § 3, p. 112.
§ 67-1407. Fees assessed for services.
In conjunction with the attorney general, the division of financial management shall determine on or before November 1 of each year an amount to be billed to state entities for purposes of carrying out the provisions of this title. Such amount shall be paid by each state entity in the succeeding fiscal year to the indirect cost recovery fund. Before June 30 of each fiscal year, the state controller shall transfer an amount equal to such deposits to the state general fund.
History.
I.C.,§ 67-1407, as added by 2001, ch. 61, § 5, p. 112.
§ 67-1408. Billing of state entities for legal services.
The attorney general, in rendering assistance to the departments, agencies, offices, officers, boards, commissions, institutions and other state entities, shall charge for all costs of such assistance as determined pursuant to section 67-1407, Idaho Code, including, but not limited to, salaries of attorneys, paralegals, administrative, clerical and other personnel, investigative services, independent contractors, operating expenses and capital outlay expenses of the office of the attorney general. Whenever the attorney general determines that it would be beneficial to physically locate attorneys within an agency, the attorney general and agency may enter into an agreement defining which operating, capital or other expenses will be paid by the attorney general and which expenses will be paid by the agency.
The attorney general shall manage the attorney general’s office to provide unified legal services based upon the legal needs of the state. For this purpose the attorney general may, during any fiscal year, assign personnel based upon the legal needs existing regardless of the source of funding therefor.
History.
I.C.,§ 67-1408, as added by 1995, ch. 141, § 4, p. 599; am. 2001, ch. 61, § 6, p. 112.
§ 67-1409. Contracts for legal services.
- The attorney general shall determine which legal services can most efficiently and effectively be provided by the attorney general’s staff and which legal services can most efficiently and effectively be provided by contract. The attorney general shall develop application forms and requests for proposals utilizing generally accepted cost containment considerations, for those attorneys desiring to perform contract legal services for the state. Based upon the responses received, the attorney general shall recommend to the state board of examiners which attorneys or firms should be authorized to represent the state. The state board of examiners shall consider the recommendations made by the attorney general and shall determine which attorneys or firms so recommended are authorized to contract to provide legal services for the state, and the type or types of legal services they are authorized to provide. In determining which attorneys shall be authorized for particular types of services, the board of examiners shall select attorneys who, in the board’s judgment can best provide quality legal services for the state entities at an acceptable cost. The determinations of the board of examiners shall not be subject to judicial review. Whenever the attorney general determines that an immediate appointment of a special deputy attorney general would be in the best interests of the state of Idaho, the attorney general may enter into an agreement with an attorney or firm to provide legal services for the state.
- The performance of all contracts for legal services shall be monitored and supervised by the attorney general or his designee, and any payments pursuant to such contracts must be approved by the attorney general. This provision shall not apply to contracts for legal services entered into by those entities exempted by section 67-1406, Idaho Code.
History.
I.C.,§ 67-1409, as added by 1995, ch. 141, § 5, p. 599; am. 2001, ch. 61, § 7, p. 112.
STATUTORY NOTES
Cross References.
State board of examiners,§ 67-2001 et seq.
Compiler’s Notes.
Section 6 of S.L. 1995, ch. 141 read: “1996 Fiscal Year Provisions. (1) For fiscal year 1996, the attorney general shall charge each state office, officers, department, agency, commission, board, institution or other state entity an amount equal to the amount such state entity paid in legal services during fiscal year 1995, other than contract legal services that were not provided by the attorney general. Provided, such amount shall be adjusted to reflect the change in employee compensation and benefits approved by the legislature, and the cost of computerized legal research. The attorney general shall be allowed to enter into agreements with state entities to provide legal services in addition to those provided during fiscal year 1995 and may bill state entities therefor. “(2) The provisions of this section shall not apply to the legislative and judicial branches of the state of Idaho and the governor, and state entities within the department of self-governing agencies, colleges and universities.”
Effective Dates.
Section 7 of S.L. 1995, ch. 141 provided that the act should be in full force effect on July 1, 1995 and that the provisions of Section 6 shall govern fiscal matters only during fiscal year 1996.
CASE NOTES
Responsibility of Attorney General.
Attorneys with whom the attorney general contracts to provide legal representation of state agencies are appointed as special deputy attorneys general, and the attorney general, thus, retains the ultimate responsibility for the legal representation of the agencies. Kelso v. Lance, 134 Idaho 373, 3 P.3d 51 (2000).
§ 67-1410. Internet crimes against children unit.
- There is hereby established in the office of the attorney general the internet crimes against children unit (ICAC) that shall have the authority and responsibilities as set forth in this section.
- The ICAC shall have the authority and responsibility to conduct a statewide program for the investigation and prosecution of violations of all applicable Idaho laws that involve or are directly related to child pornography and solicitation of minors for pornography, prostitution or sex-related offenses.
- The ICAC shall be under the exclusive control of the attorney general.
- The attorney general may request and receive the assistance of, and may enter into written agreements with, any prosecutor or law enforcement agency as necessary to implement the duties and responsibilities assigned to the ICAC under this section. This will include contracting for the assistance of law enforcement personnel in the investigation of any violation of any applicable laws pertaining to child pornography and solicitation of minors for pornography, prostitution or sex-related offenses. The attorney general may renew, suspend or revoke any ICAC agreement with a law enforcement agency at any time.
-
The attorney general shall have the authority to designate ICAC task force agents. ICAC task force agents shall be commissioned law enforcement officers employed by law enforcement agencies.
- The designation of an ICAC task force agent is not an act of employment by the office of the attorney general.
- ICAC task force agents serve solely at the discretion and will of the attorney general and designation as an ICAC task force agent is not a property right to which due process applies.
- Designated ICAC task force agents shall have general peace officer powers and the authority to arrest individuals throughout the state for the purpose of investigation of internet crimes committed against children.
- The office of the attorney general shall employ such attorneys, investigators and other personnel as necessary to carry out the responsibilities of the ICAC as set forth under this section.
- The attorney general shall have the authority to adopt rules necessary to implement the duties and responsibilities assigned to the ICAC under this section.
History.
I.C.,§ 67-1410, as added by 2013, ch. 245, § 2, p. 593.
STATUTORY NOTES
Compiler’s Notes.
The abbreviation enclosed in parentheses so appeared in the law as enacted.
§ 67-1411. Internet crimes against children fund.
- There is hereby created in the state treasury the internet crimes against children fund.
-
The fund shall consist of:
- Funds as may be appropriated by the legislature; and
- Grants, donations and moneys from other sources.
- The fund shall be administered by the office of the attorney general, and moneys in the fund shall be used to fund the internet crimes against children unit as established by section 67-1410, Idaho Code. Moneys in the fund may be allowed to accumulate from year to year and interest earned on the investment of idle moneys in the fund shall be returned to the fund.
- Moneys from the fund shall be appropriated by the legislature to the office of the attorney general and such appropriated moneys shall be used for carrying out the provisions of this section and section 67-1410, Idaho Code.
History.
I.C.,§ 67-1411, as added by 2013, ch. 245, § 3, p. 593.
§ 67-1412. Definitions.
As used in sections 67-1412 through 67-1416, Idaho Code, the following definitions apply:
- “Attorney general” means the Idaho office of the attorney general.
- “Core components” means those elements of a 24/7 program that analysis demonstrates are most likely to account for positive program outcomes.
- “Immediate sanction” means sanctions that are applied within minutes of a noncompliant test event.
- “Jurisdiction” means the county or municipality that chooses to participate in a 24/7 program.
- “Law enforcement agency” means the county sheriff’s office or another law enforcement agency designated by the county sheriff’s office that is charged with enforcement of a 24/7 program.
-
“24/7 sobriety and drug monitoring program” or “24/7 program” means the 24/7 sobriety and drug monitoring program established in section 67-1413, Idaho Code, that authorizes a court or agency as a condition of bond, sentence, probation, parole or work permit to:
- Require an individual to abstain from alcohol or dangerous drugs for a period of time when that individual has been charged, pleads guilty, found guilty, convicted or received a withheld judgment for a crime in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime including, but not limited to, driving under the influence of alcohol or dangerous drugs; and
-
Require the individual to be subject to testing for alcohol and/or dangerous drugs:
- At least twice a day at a central location where immediate sanctions can be applied;
- Where twice a day testing is impractical, by continuous transdermal alcohol monitoring by means of an electronic monitoring device where timely sanctions can be applied; or
- By an alternate method with concurrence of the attorney general and consistent with section 67-1413, Idaho Code.
- “Testing” means a procedure for determining the presence and level of alcohol or a dangerous drug, as enumerated in chapter 80, title 18, Idaho Code, or as provided as a condition of probation, withheld judgment or parole, in an individual’s body fluid including blood, breath, urine, saliva or perspiration and includes any combination of the use of breath testing, drug patch testing, urinalysis testing, saliva testing or continuous or transdermal alcohol monitoring. With the concurrence of the attorney general and consistent with section 67-1413, Idaho Code, alternate body fluids can be approved for use.
- “Timely sanction” means a sanction that is applied within a period of time that can be hours or days after the noncompliant test event, but the period of time should be as short as possible and not extend beyond fourteen (14) days.
History.
I.C.,§ 67-1412, as added by 2014, ch. 240, § 4, p. 604; am. 2018, ch. 169, § 20, p. 344.
STATUTORY NOTES
Amendments.
The 2018 amendment, by ch. 169, substituted “section 67-1413” for “section 67-2920” in the introductory paragraph of subsection (6).
Legislative Intent.
Section 2 of S.L. 2014, ch. 240 provided: “Legislative Intent. The Legislature declares that driving in Idaho is a privilege, not a right. A driver who wishes to enjoy the benefits of this privilege must accept the corresponding responsibilities. The Legislature further declares that the purpose of this act is to protect the public health and welfare by reducing the number of people on Idaho’s highways who drive under the influence of alcohol or dangerous drugs; to protect the public health and welfare by reducing the number of repeat offenders for certain offenses in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime; and to strengthen the pretrial and posttrial options available to prosecutors and judges in responding to repeat DUI offenders and offenders for certain crimes in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime.”
Compiler’s Notes.
Section 1 of S.L. 2014, ch. 240 provided: “Short Title. This act shall be known and may be cited as the ‘Idaho 24/7 Sobriety and Drug Monitoring Program Act.’”
§ 67-1413. Sobriety and drug monitoring program created.
- There is hereby created within the office of the attorney general the sobriety and drug monitoring program.
- The core components of the statewide 24/7 program shall include the utilization of a primary testing methodology that facilitates the ability to apply immediate sanctions for noncompliance at an affordable cost. In hardship cases or where a program participant is rewarded with less stringent testing requirements, testing methodologies with timely sanctions for noncompliance may be utilized.
- The statewide 24/7 program shall be evidence-based and shall be able to satisfy at least two (2) of the following categories: included in the federal registry of evidence-based programs and practices; reported with positive effects on the primary target outcome in peer review journals; or documented effectiveness supported by other sources of information and the judgment of informed experts.
- If a jurisdiction chooses to participate in the 24/7 sobriety and drug monitoring program, the attorney general shall assist in creation and administration of the 24/7 program in the jurisdiction in the manner provided in sections 67-1412 through 67-1416, Idaho Code. The attorney general shall also assist jurisdictions in which a 24/7 program exists in determining alternatives to incarceration.
-
- If a jurisdiction participates in the 24/7 program, the law enforcement agency may designate an entity to provide the testing services or take any other action required or authorized to be provided by the law enforcement agency pursuant to sections 67-1412 through 67-1416, Idaho Code, except that the law enforcement agency’s designee may not determine whether to participate in the 24/7 sobriety and drug monitoring program. (5)(a) If a jurisdiction participates in the 24/7 program, the law enforcement agency may designate an entity to provide the testing services or take any other action required or authorized to be provided by the law enforcement agency pursuant to sections 67-1412 through 67-1416, Idaho Code, except that the law enforcement agency’s designee may not determine whether to participate in the 24/7 sobriety and drug monitoring program.
- The law enforcement agency shall establish the testing locations and times for the jurisdiction, but must have at least one (1) testing location and two (2) daily testing times approximately twelve (12) hours apart.
History.
I.C.,§ 67-1413, as added by 2014, ch. 240, § 4, p. 604.
STATUTORY NOTES
Legislative Intent.
Compiler’s Notes.
Section 1 of S.L. 2014, ch. 240 provided: “Short Title. This act shall be known and may be cited as the ‘Idaho 24/7 Sobriety and Drug Monitoring Program Act.’”
§ 67-1414. Rules — Testing fees.
The attorney general shall adopt rules to implement the provisions of sections 67-1412 through 67-1416, Idaho Code. The rules must:
- Provide the nature and manner of testing and the procedures and apparatus to be used for testing;
- Establish reasonable participant and testing fees for the program, including the collection of fees to pay the cost of installation, monitoring, calibration and deactivation of any testing device and reimbursement to private or governmental entities providing such services;
- Provide the establishment and use of local accounts for the deposit of fees collected and for administration of the 24/7 sobriety and drug monitoring program pursuant to these rules;
- Require approval by the attorney general of all contracts entered into between local or state agencies and vendors participating in the 24/7 sobriety and drug monitoring program; and
- Require and provide for the approval of a 24/7 sobriety and drug monitoring program data management technology plan that must be used by the attorney general and participating jurisdictions to manage testing, data access, fees and fee payments and any required reports.
History.
I.C.,§ 67-1414, as added by 2014, ch. 240, § 4, p. 604.
STATUTORY NOTES
Legislative Intent.
Section 2 of S.L. 2014, ch. 240 provided: “Legislative Intent. The Legislature declares that driving in Idaho is a privilege, not a right. A driver who wishes to enjoy the benefits of this privilege must accept the corresponding responsibilities. The Legislature further declares that the purpose of this act is to protect the public health and welfare by reducing the number of people on Idaho’s highways who drive under the influence of alcohol or dangerous drugs; to protect the public health and welfare by reducing the number of repeat offenders for certain offenses in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime; and to strengthen the pretrial and posttrial options available to prosecutors and judges in responding to repeat DUI offenders and offenders for certain crimes in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime.”
Compiler’s Notes.
Section 1 of S.L. 2014, ch. 240 provided: “Short Title. This act shall be known and may be cited as the ‘Idaho 24/7 Sobriety and Drug Monitoring Program Act.’”
§ 67-1415. Authority of court and other entities to order participation in sobriety and drug monitoring program.
Any court, the commission for [of] pardons and parole, the department of juvenile corrections, the driver’s license section of the transportation department, any county probation department, any juvenile probation department, the department of correction and the department of health and welfare dealing with child protection issues or a law enforcement entity dealing with domestic violence issues may avail itself of the 24/7 program for persons. Any entity utilizing the 24/7 program may condition any sanctions against an individual to be stayed as long as the individual participates in and/or successfully completes the 24/7 sobriety and drug monitoring program.
History.
I.C.,§ 67-1415, as added by 2014, ch. 240, § 4, p. 604.
STATUTORY NOTES
Cross References.
Department of juvenile corrections,§ 20-503.
Department of correction,§ 20-201.
Department of health and welfare,§ 56-1001.
Legislative Intent.
Section 2 of S.L. 2014, ch. 240 provided: “Legislative Intent. The Legislature declares that driving in Idaho is a privilege, not a right. A driver who wishes to enjoy the benefits of this privilege must accept the corresponding responsibilities. The Legislature further declares that the purpose of this act is to protect the public health and welfare by reducing the number of people on Idaho’s highways who drive under the influence of alcohol or dangerous drugs; to protect the public health and welfare by reducing the number of repeat offenders for certain offenses in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime; and to strengthen the pretrial and posttrial options available to prosecutors and judges in responding to repeat DUI offenders and offenders for certain crimes in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime.”
Compiler’s Notes.
The bracketed insertion near the beginning of the section was added by the compiler to correct the name of the referenced agency. See§ 20-210.
Section 1 of S.L. 2014, ch. 240 provided: “Short Title. This act shall be known and may be cited as the ‘Idaho 24/7 Sobriety and Drug Monitoring Program Act.’”
§ 67-1416. Collection, distribution and use of testing fees.
The law enforcement agency of a jurisdiction in which a 24/7 sobriety and drug monitoring program exists shall collect the testing fee required by the rules of the attorney general and deposit the fees into the local 24/7 program account established pursuant to rules of the attorney general. The fee must be distributed according to those rules to the proper jurisdiction for use by the law enforcement agency or the law enforcement agency’s designee pursuant to the terms determined by the law enforcement agency in accordance with the provisions of sections 67-1412 through 67-1416, Idaho Code, and the rules implementing those sections.
History.
I.C.,§ 67-1416, as added by 2014, ch. 240, § 4, p. 604.
STATUTORY NOTES
Legislative Intent.
Section 2 of S.L. 2014, ch. 240 provided: “Legislative Intent. The Legislature declares that driving in Idaho is a privilege, not a right. A driver who wishes to enjoy the benefits of this privilege must accept the corresponding responsibilities. The Legislature further declares that the purpose of this act is to protect the public health and welfare by reducing the number of people on Idaho’s highways who drive under the influence of alcohol or dangerous drugs; to protect the public health and welfare by reducing the number of repeat offenders for certain offenses in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime; and to strengthen the pretrial and posttrial options available to prosecutors and judges in responding to repeat DUI offenders and offenders for certain crimes in which the abuse of alcohol or dangerous drugs was a contributing factor in the commission of the crime.”
Compiler’s Notes.
Section 1 of S.L. 2014, ch. 240 provided: “Short Title. This act shall be known and may be cited as the ‘Idaho 24/7 Sobriety and Drug Monitoring Program Act.’”
§ 67-1405. Duties of the attorney general regarding child sexual abuse reports.
Chapter 15 STATE SUPERINTENDENT OF PUBLIC INSTRUCTION
Sec.
§ 67-1501. Election, qualifications, oath and bond.
There shall be elected at the general election, 1974, and every four (4) years thereafter, by the qualified electors of the state, a state superintendent of public instruction, who shall reside at the seat of government, and shall perform such duties as are prescribed by the constitution and laws of the state. Before entering upon the duties of his office, the state superintendent of public instruction shall take and subscribe to the oath prescribed by the constitution. The state superintendent of public instruction shall be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code. Said oath shall be deposited with the secretary of state.
History.
1893, p. 187, § 6; reen. 1899, p. 85, § 6; compiled and reen. R.C., § 565; am. 1911, ch. 159, § 19, p. 489; am. 1913, ch. 115, § 2, p. 435; reen. C.L. 38:40; C.S., § 180; I.C.A.,§ 65-1401; am. 1971, ch. 136, § 44, p. 522; am. 1974, ch. 182, § 2, p. 1478; am. 1994, ch. 277, § 2, p. 864.
STATUTORY NOTES
Cross References.
Children’s trust fund board, voting member,§ 39-6001.
Election,§ 34-613.
Ex officio member of state board of education,§ 33-102.
Secretary of state,§ 67-901 et seq.
Superintendent of public instruction an executive officer, term of office, Idaho Const., Art. IV, § 1.
Effective Dates.
Section 3 of S.L. 1974, ch. 182 declared an emergency. Approved April 2, 1974.
Section 3 of S.L. 1994, ch. 277 declared an emergency. Approved March 31, 1994.
§ 67-1502. Office — Duties — Seal.
He shall have an office in Ada county, where a seal shall be kept which shall be the official seal of the state board of education by which all official acts may be authenticated, and all records, books and papers pertaining to the business of this office. He shall file all papers, reports and public documents transmitted to him by the county superintendents of the several counties, and hold the same in readiness to be exhibited to the governor, or to any committee of any house of the legislature, or to any citizen of the state.
History.
1893, p. 187, § 7; reen. 1899, p. 85, § 7; reen. R.C., § 566; am. 1911, ch. 159, § 20, p. 490; am. C.L. 38:41; C.S., § 181; I.C.A.,§ 65-1402; am. 2001, ch. 183, § 32, p. 613.
§ 67-1503. Meetings with local superintendents.
He shall summon the county superintendents, or the city superintendents and district principals of graded schools, of each judicial district, or of two (2) or more districts combined, to meet jointly or separately at such time and place as he shall appoint, giving them due notice of such meeting. The object of such meetings shall be to discuss school organization, school supervision, and such other matters as may properly come before such meetings.
The term “district principal” means the head teacher of a graded school of four (4) or more teachers, but smaller than a class A independent district school, whether such school be maintained under article 3 or under article 4 of chapter 41 of Idaho Compiled Statutes.
History.
1893, p. 187, § 11; reen. 1899, p. 85, § 11; reen. R.C., § 570; am. 1911, ch. 159, § 21, p. 490; reen. C.L. 38:42; C.S., § 182; I.C.A.,§ 65-1403.
STATUTORY NOTES
Compiler’s Notes.
Articles 3 and 4 of ch. 41 of the Compiled Statutes (§§ 824-853) were repealed (except §§ 828, 853) by S.L. 1921, ch. 215, § 105. Sections 828 and 853 were also subsequently repealed.
§ 67-1504. Superintendent as member of state board of education — Duties.
He shall be an ex officio voting member of the state board of education. He shall enforce its rules and regulations concerning all elementary and secondary school matters under the control of the board and see that all matters requiring the decision of the board are promptly placed before it for decision. He shall faithfully execute the duties devolving upon him or delegated to him by said board concerning all elementary and secondary school matters under the control of the board except institutions of higher education.
History.
1911, ch. 159, § 22a, p. 490; compiled and reen. C.L. 38:43; C.S., § 183; I.C.A.,§ 65-1404; am. 1965, ch. 253, § 3, p. 637; am. 1974, ch. 10, § 16, p. 49.
STATUTORY NOTES
Cross References.
Member of state board of education,§ 33-102.
§ 67-1505. Printing of supplies and laws. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised 1911, ch. 159, § 22b, p. 490; am. C.L. 38:44; C.S., § 184; I.C.A.,§ 65-1405; am. 1994, ch. 180, § 182, p. 420, was repealed by S.L. 2002, ch. 286, § 1.
§ 67-1506. Financial report on schools — Recommendations.
He shall, on or before the first day of December in every year preceding a regular session of the legislature, report to the governor and provide the state board with a copy thereof, on the condition of the public schools, the amount of the state school fund apportioned and sources from which derived, with such suggestions and recommendations relating to the affairs of his office as he may think proper.
History.
1911, ch. 159, § 22c, p. 491; reen. C.L. 38:45; C.S., § 185; I.C.A.,§ 65-1406; am. 1974, ch. 10, § 17, p. 49.
STATUTORY NOTES
Effective Dates.
Section 21 of S.L. 1974, ch. 10 provided that the act would be in full force and effect on and after July 1, 1974.
§ 67-1507. Inspection of schools — Correspondence with other states.
It shall be his duty to visit annually such counties of the state as most need his personal attention, and all counties if practicable, for the purpose of inspecting the schools and awakening and guiding public sentiment in relation to the practical interests of education. He shall open such correspondence as may enable him to obtain all necessary information relating to the system of public education in other states.
History.
1911, ch. 159, § 22d, p. 491; reen. C.L. 38:46; C.S., § 186; I.C.A.,§ 65-1407.
§ 67-1508. Expenses of state superintendent, how paid.
All office, fuel, furniture, books, postage, stationery and other contingent expenses pertaining to his office, shall be furnished in the same manner as those of other departments of the state government.
History.
1911, ch. 159, § 22e, p. 491; reen. C.L. 38:47; C.S., § 187; I.C.A.,§ 65-1408.
§ 67-1509. Administrative rules.
All administrative rules promulgated by the superintendent of public instruction shall be subject to the provisions of chapter 52, title 67, Idaho Code.
History.
I.C.,§ 67-1509, as added by 1992, ch. 263, § 58, p. 783.
Chapter 16 CAPITOL BUILDING AND GROUNDS
Sec.
§ 67-1601. Statement of findings and purpose.
-
The legislature and governor of the state of Idaho find that:
- The Idaho state capitol building, hereafter referred to as the capitol building, located at the seat of government, in Boise City, Ada County, is a public monument representing the spirit of Idaho’s citizens, a symbol of Idaho’s sovereignty and one of Idaho’s most renowned landmarks.
- The capitol building is also one of the most vital and preeminent public buildings in Idaho, wherein the legislative department and a majority of the elected executive department officers maintain their offices and perform their constitutionally prescribed duties.
- The maintenance and preservation of the capitol building and its grounds, including its historical character and architectural uniqueness, is of vital public interest and concern.
- The existing statutes do not fully and completely address the use, control, security, operation, maintenance, historical character and architectural uniqueness of the capitol building and its grounds.
-
It is declared that the purposes of this chapter are:
- To establish a statute to comprehensively govern all aspects of the use, control, security, operation, and maintenance of the capitol building and its grounds.
- To ensure that the historical character and architectural integrity of the capitol building and its grounds be preserved and promoted.
- To promote cooperation between the public and private sectors to fund necessary enhancements to and the preservation of the capitol building and its grounds in all respects and particularly its historical character and architectural integrity.
History.
I.C.,§ 67-1601, as added by 1998, ch. 306, § 2, p. 1006.
STATUTORY NOTES
Prior Laws.
Former sections 67-1601 to 67-1606 which comprised I.C.,§ 67-1601 to 67-1606, as added by 1993, ch. 388, § 1 (effective January 2, 1995, per S.L. 1994, ch. 181, § 42), were repealed by § 43 of S.L. 1994, ch. 181, effective January 2, 1995.
§ 67-1602. Idaho state capitol — Allocation and control of space.
The space within the interior of the capitol building shall be allocated and controlled as follows:
- Public space. The interior within the rotunda, the hallways on the first and second floors, the restrooms located adjacent thereto, the elevators, the stairways between the first, second, third and fourth floors (excepting the interior stairways between the third and fourth floors within the legislative chambers), shall be space within the capitol building open to the public (“public space”). Subject to this chapter, the director of the department of administration shall maintain all public space.
- Executive department. The governor shall determine the use and allocate the space within the second floor. The director of the department of administration shall maintain such space.
- Legislative department. The legislative department shall determine the use of the space on the first, third and fourth floors as well as the basement, which basement shall include the underground atrium wings. All space within the first, third and fourth floors and the basement shall be allocated by the presiding officers of the senate and house of representatives. The presiding officers shall maintain such space and provide equipment and furniture thereto, provided however, that the presiding officers may contract with the director of the department of administration to maintain such space and provide equipment and furniture thereto.
History.
I.C.,§ 67-1602, as added by 1998, ch. 306, § 2, p. 1006; am. 2007, ch. 157, § 3, p. 480.
STATUTORY NOTES
Cross References.
Department of administration,§ 67-5701 et seq.
Amendments.
The 2007 amendment, by ch. 157, in subsection (3), in the first and second sentence, inserted “first”; and in the first sentence, added “which basement shall include the underground atrium wings.”
Compiler’s Notes.
Section 1 of S.L. 2007, ch. 157 provided: “The Legislature finds that the authority to develop a Capitol Master Plan rests solely with the Idaho Capitol Commission pursuant to Section 67-1608, Idaho Code. Further, the Capitol Master Plan approved by the Capitol Commission, which includes the restoration of the Capitol Building, construction of single-story atrium wing additions at the east and west ends of the Capitol Building of approximately 25,000 square feet each, and a reconfiguration of space in the Capitol Building and which provides for the allocation and control of the first floor of the Capitol Building to be by the legislative department, is hereby declared to be reasonable and necessary.” Section 2 of S.L. 2007, ch. 157 provided: “The Legislature hereby approves and authorizes the use of funds for the modified Capitol Master Plan for the restoration and expansion of the Capitol Building that have already been provided through agreements and authorizations from the Idaho Capitol Commission, the Department of Administration and the Idaho State Building Authority pursuant to House Concurrent Resolution No. 47 adopted by the Second Regular Session of the Fifty-eighth Idaho Legislature in 2006. Such funds are hereby authorized for the restoration and refurbishment of the Capitol Building, the construction of single story atrium wing additions to the east and west ends of the Capitol Building, provisions to allow future connectivity between the Capitol Building atrium wings and other adjoining state facilities in the Capitol Mall and, if there are funds available after the completion of the project herein described, such funds are to be applied to the debt service fund to pay principal and interest on bonds, thereby reducing annual rent in that year.”
S.L. 2007, Chapter 157 became law without the signature of the governor.
The words enclosed in parentheses so appeared in the law as enacted.
Effective Dates.
Section 4 of S.L. 2007, ch. 157 declared an emergency and provided that the act should become effective on and after passage and approval. Approved March 22, 2007.
§ 67-1603. Idaho state capitol — Exterior — Grounds — Systems.
The director of the department of administration shall have exclusive control of the exterior, grounds and systems of the capitol building. The director, in consultation with the governor, the presiding officers of the legislature and the commission created by this chapter, shall have exclusive authority to equip, maintain, and operate such exterior, grounds and systems. For the purposes of this section, “systems” means electrical, HVAC (heating, ventilating, air-conditioning) and telecommunication systems used in the capitol building.
History.
I.C.,§ 67-1603, as added by 1998, ch. 306, § 2, p. 1006.
§ 67-1604. Idaho state capitol — Access and use.
The director of the department of administration may promulgate rules, pursuant to chapter 52, title 67, Idaho Code, governing access to and use by the public of the capitol building and its grounds. In determining whether to promulgate rules and in the promulgation of any rules, the director shall consult with the governor, the presiding officers of the senate and house of representatives and the commission created by this chapter.
History.
I.C.,§ 67-1604, as added by 1998, ch. 306, § 2, p. 1006.
§ 67-1605. Law enforcement and security.
Responsibility for law enforcement at the capitol building and the supreme court building is vested in the director of the Idaho state police. In coordination with the director of the Idaho state police, Ada County and Boise City are granted jurisdiction to enforce the laws of the state of Idaho and the ordinances of Ada County and Boise City for the capitol building and the supreme court building. The director of the department of administration, or his designee, shall be responsible for security in the capitol building and the supreme court building and has the authority to contract with private contractors to provide security for persons and property in the capitol building and the supreme court building.
History.
I.C.,§ 67-1605, as added by 1998, ch. 306, § 2, p. 1006; am. 2000, ch. 469, § 133, p. 1450; am. 2008, ch. 85, § 1, p. 222.
§ 67-1606. Idaho state capitol commission — Creation and appointment of members.
- There is hereby created within the department of administration the Idaho state capitol commission, hereafter referred to as the commission. The commission shall consist of nine (9) members, six (6) of whom shall be public members. The public members shall be appointed as follows: four (4) members shall be appointed by the governor, one (1) member shall be appointed by the president pro tempore of the senate and one (1) member shall be appointed by the speaker of the house of representatives. Public members shall serve at the pleasure of the appointing authority, or for a term of five (5) years, whichever is shorter. The terms of initial public members shall expire as designated by the governor at the time of appointment: One (1) at the end of one (1) year; one (1) at the end of two (2) years; one (1) at the end of three (3) years; one (1) at the end of four (4) years; and two (2) at the end of five (5) years. A vacancy during the term of a public member shall be filled by the appointing authority for that member. The chairman of the commission shall be appointed by the governor from among the public members of the commission.
- The additional three (3) commission members shall be the director of the department of administration, the director of the Idaho state historical society, and the director of the office of legislative services, who shall serve as ex officio, voting members of the commission during their respective terms of office. The director of the department of administration shall serve as secretary of the commission.
- The governor, the president pro tempore of the senate and the speaker of the house may, at their discretion, serve as ex officio, nonvoting members of the commission.
History.
I.C.,§ 67-1606, as added by 1998, ch. 306, § 2, p. 1006.
§ 67-1607. Organization of the commission.
The commission shall meet not less than two (2) times per year. A majority of the membership of the commission constitutes a quorum to transact business. Public members of the commission shall be reimbursed for actual and necessary expenses as provided in section 59-509(c), Idaho Code. Public members are entitled to reimbursement for reasonable travel expenses incurred in the performance of their duties as a member as provided by law.
History.
I.C.,§ 67-1607, as added by 1998, ch. 306, § 2, p. 1006; am. 2011, ch. 12, § 1, p. 38.
STATUTORY NOTES
Prior Laws.
Former sections 67-1607 to 67-1629 which comprised S.L. 1919, ch. 128, § 12, p. 422; C.S. § 378; S.L. 1923, ch. 192, § 1, p. 308; I.C.A., 65-1513, 65-1516; am. 1939, ch. 6, § 1, p. 20; 1939, ch. 71, § 1, p. 123; 1939, ch. 143,§§ 7-19, 21, 22, p. 255; am. 1941, ch. 81, § 1, p. 151; 1943, ch. 49, §§ 1, 2, p. 95; 1945, ch. 161, § 1, p. 240; am. 1949, ch. 138, § 1, p. 243; am. 1961, ch. 24, § 1, p. 31; am. 1965, ch. 304, § 3, p. 805; 1970, ch. 197, § 1, p. 571; am. 1971, ch. 136, § 45, 46, p. 522; am. 1972, ch. 232, § 1, p. 613; I.C., 67-1628, 67-1629, as added by S.L. 1972, ch. 372, §§ 1, 2, p. 1092 were repealed by S.L. 1974, ch. 34, § 1. For present law see,§ 67-9201 et seq.
Amendments.
The 2011 amendment, by ch. 12, substituted “two (2) times per year” for “four (4) times per year” in the first sentence and substituted “59-509(c), Idaho Code” for “59-909(c), Idaho Code” in the second sentence.
§ 67-1608. Powers and duties of the commission.
The commission shall have the following powers and duties:
-
In consultation with the director of the department of administration, periodically review the capitol building master plan and, as appropriate, amend and modify the plan:
- In cooperation with the department of administration, who shall provide administrative support to the commission, prepare, approve and submit each year to the division of financial management and the legislative services office a budget reflecting all proposed expenditures for the commission for the ensuing fiscal year.
- The budget provided for in subsection (1)(a) of this section may include, but shall not necessarily be limited to, recommendations for transfers of money made pursuant to section 67-1610(2), Idaho Code, from the capitol permanent endowment fund to the capitol endowment income fund [capitol maintenance reserve fund].
- To review all proposals to reconstruct, remodel or restore space within the capitol building. All such projects shall be approved by the commission and be in conformance with the capitol building master plan.
- To review all proposals involving objects of art, memorials, statues, or exhibits to be placed on a permanent or temporary basis in public space within the capitol building or on its grounds. All such proposals shall be in conformance with the approved written policies of the commission and implemented with the consent of the commission and consent of the legislature and governor pursuant to subsections (2) and (3) of section 67-1602, Idaho Code.
- Work cooperatively with the Idaho state historical society to support a capitol curator to preserve, manage and protect the capitol building, and its historic collections and exhibits. The possession of all historic, restored and new furniture used by the executive department shall be retained by the executive department, and the possession of all historic, restored and new furniture used by the legislative department shall be retained by the presiding officers of the senate and house of representatives. All historic, restored and new furniture shall be inventoried annually, shall remain in the capitol building and is the property of the state of Idaho.
- For the purpose of promoting interest in the capitol building and obtaining funds to enhance the preservation of original and historic elements of the capitol building and its grounds, to develop and implement a plan for the publishing and sale of publications on the history of the capitol building and to develop other capitol building memorabilia for sale to the public.
- To solicit gifts, grants or donations of any kind from any private or public source to carry out the purposes of this chapter. All gifts, grants or donations received directly by the commission shall be transmitted to the state treasurer who shall credit the same to the capitol [permanent] endowment fund created by this chapter.
- To request necessary assistance from all state agencies and the presiding officers of the senate and house of representatives in performing its duties pursuant to this chapter.
- To enter into agreements with tax-exempt nonprofit organizations for the purpose of assisting the commission in the performance of its duties under this chapter, including agreements for the establishment and maintenance of community foundation funds dedicated to the purposes of this chapter.
History.
I.C.,§ 67-1608, as added by 1998, ch. 306, § 2, p. 1006; am. 2007, ch. 41, § 3, p. 101; am. 2011, ch. 12, § 2, p. 38.
STATUTORY NOTES
Cross References.
Capitol permanent endowment fund,§ 67-1610.
Department of administration,§ 67-5701 et seq.
Division of financial management,§ 67-1910.
Idaho state historical society,§ 67-4111 et seq.
Legislative services office,§ 67-701 et seq.
State treasurer,§ 67-1201 et seq.
Amendments.
The 2007 amendment, by ch. 41, substituted “or, during renovation of the capitol building, in temporary space approved by the commission” for “at all times” in the last sentence in subsection (5).
The 2011 amendment, by ch. 12, rewrote the section to the extent that a detailed comparison is impracticable.
Compiler’s Notes.
The bracketed insertions in paragraph (1)(b) and subsection (6) were added by the compiler to reflect the current names of the appropriate funds. See§§ 67-1610A and 67-1610.
Effective Dates.
Section 4 of S.L. 2007, ch. 41 declared an emergency. Approved March 2, 2007.
§ 67-1609. Architect of the capitol building. [Repealed.]
Repealed by S.L. 2011, ch. 12, § 3, effective July 1, 2011.
History.
I.C.,§ 67-1609, as added by 1998, ch. 306, § 2, p. 1006.
§ 67-1610. Capitol permanent endowment fund.
- There is hereby created a permanent fund within the state treasury to be known as the capitol permanent endowment fund, consisting of, from this point forward: (a) the proceeds of the sale of lands granted to the state of Idaho for the purpose of facilitating the construction, repair, furnishing and improvement of public buildings at its capitol by an Act of Congress (26 Stat. L. 214, ch. 656 (1890) (as amended)) entitled “An Act to Provide for the Admission of the State of Idaho into the Union,” comprising thirty-two thousand (32,000) acres, or any portion thereof, or mineral therein; (b) earnings of the capitol permanent endowment fund; (c) proceeds of the sale of timber growing upon capitol endowment lands; (d) proceeds of leases of capitol buildings endowment lands; (e) proceeds of interest charged upon deferred payments on capitol buildings endowment lands or timber on those lands; (f) all unappropriated and unencumbered moneys in the public building fund shown on the state controller’s chart of accounts as the capitol permanent endowment fund; (g) retained earnings to compensate for the effects of inflation; and (h) legislative appropriations. The fund shall be managed by the endowment fund investment board in accordance with chapter 5, title 68, Idaho Code.
- On July 1 of each fiscal year, the endowment fund investment board shall distribute to the capitol maintenance reserve fund created in section 67-1610A, Idaho Code, an amount equal to a percentage approved by the board of the value of the capitol permanent endowment fund that is calculated to provide a stable source of moneys to allow for the maintenance, repair and restoration of the capitol, and to provide for administrative costs incurred managing the assets of the capitol permanent endowment, while still preserving and increasing over time the value of the capitol permanent endowment fund.
History.
I.C.,§ 67-1610, as added by 1998, ch. 306, § 2, p. 1006; am. 2003, ch. 32, § 43, p. 115; am. 2004, ch. 25, § 1, p. 41; am. 2013, ch. 111, § 1, p. 266.
STATUTORY NOTES
Amendments.
The 2013 amendment, by ch. 111, in subsection (2), substituted “capitol maintenance reserve fund created in section 67-1610A” for “capitol endowment income fund created in section 67-1611” near the beginning and inserted “and to provide for administrative costs incurred managing the assets of the capitol permanent endowment” near the end.
Compiler’s Notes.
The words enclosed in parentheses so appeared in the law as enacted.
Effective Dates.
Section 3 of S.L. 2004, ch. 25 provided: “This act shall be in full force and effect on and after July 1, 2004, and all earnings and revenues realized or received after July 1, 2004, shall be distributed in accordance with this act, regardless of when those earnings and revenues were earned or accrued.”
OPINIONS OF ATTORNEY GENERAL
Sale of Lands.
When compared with the language of the other endowment statutes, this section does not permit the deposit of proceeds from the sale of the lands comprising the capitol permanent endowment into the land bank.OAG 01-4.
§ 67-1610A. Capitol maintenance reserve fund.
- There is hereby created a permanent fund within the state treasury to be known as the capitol maintenance reserve fund.
- The fund shall receive distributions from the capitol permanent endowment fund, as provided in section 67-1610, Idaho Code, and shall be managed by the endowment fund investment board in accordance with the provisions of chapter 5, title 68, Idaho Code.
- Except as provided for in subsection (4) of this section, all moneys in the capitol maintenance reserve fund shall be used exclusively by the capitol commission to address repair, maintenance and construction needs approved by the commission to benefit the capitol building and its grounds; provided that moneys from the fund shall also be used to pay for administrative costs incurred managing the assets of the capitol permanent endowment including, but not limited to, real property and monetary assets. All expenditures from the capitol maintenance reserve fund shall be subject to appropriation by the legislature.
- Upon request of the capitol commission, the endowment fund investment board shall distribute from the capitol maintenance reserve fund to the capitol commission operating fund created in section 67-1611, Idaho Code, an amount determined by the capitol commission to be sufficient to cover the operation, activities and projects of the capitol commission.
History.
I.C.,§ 67-1610A, as added by 2013, ch. 111, § 2, p. 266.
STATUTORY NOTES
Cross References.
Endowment fund investment board,§ 57-718.
§ 67-1611. Capitol commission operating fund.
-
There is hereby created in the state treasury the capitol commission operating fund. The fund shall be used to support the operation, activities and projects of the capitol commission, shall be managed by the state treasurer and shall consist of the following:
- Transfers approved by the capitol commission from the capitol maintenance reserve fund for the operation, activities and projects of the capitol commission;
- All interests earned on the capitol commission operating fund; and
- All other proceeds either public or private approved by the legislature for the purposes of this act.
- All moneys in the capitol commission operating fund shall be subject to annual appropriation by the legislature. All moneys shall be appropriated exclusively for the purposes of this chapter, retained for future appropriation, or transferred to the capitol endowment permanent fund [capital permanent endowment fund] by legislative appropriation.
History.
I.C.,§ 67-1611, as added by 1998, ch. 306, § 2, p. 1006; am. 2004, ch. 25, § 2, p. 41; am. 2013, ch. 111, § 3, p. 266.
STATUTORY NOTES
Cross References.
Capitol maintenance reserve fund,§ 67-1610A.
Idaho state capitol commission,§ 67-1606.
State treasurer,§ 67-1201 et seq.
Amendments.
The 2013 amendment, by ch. 111, changed the name of the fund, formerly the capitol endowment income fund and rewrote the section to the extent that a detailed comparison is impracticable.
Compiler’s Notes.
The term “this act” at the end of paragraph (1)(c) refers to S.L. 2013, Chapter 111, which is codified as§§ 49-420A and 67-1610 to 67-1611. Probably the reference should be to “this chapter,” being chapter 16, title 67, Idaho Code.
The bracketed insertion in subsection (2) was added by the compiler to correct the name of the referenced fund. See§ 67-1610.
Effective Dates.
Section 3 of S.L. 2004, ch. 25 provided: “This act shall be in full force and effect on and after July 1, 2004, and all earnings and revenues realized or received after July 1, 2004, shall be distributed in accordance with this act, regardless of when those earnings and revenues were earned or accrued.”
§ 67-1612. Capitol tours program.
There is hereby established a capitol tours program which shall exist to provide a visitor oriented program of historical interpretation and education concerning the Idaho state capitol building and grounds. It is the purpose of this program to assure access and understanding of the capitol building to further the purposes delineated in this chapter. This tours program will take advantage of the efforts to preserve and maintain the capitol building, and open the people’s building to the people.
History.
I.C.,§ 67-1612, as added by 1998, ch. 306, § 2, p. 1006.
§ 67-1613. Capitol mall and other state property and facilities — Camping prohibited.
No person shall camp on or in any state-owned or leased property or facility including, but not limited to, the capitol mall, except those that are designated as a recreational camping ground, area or facility. The provisions of this section shall not apply or affect policies, rules, statutes or leases on endowment lands, department of parks and recreation lands or department of fish and game lands. For the purposes of this section, the term “camp” or “camping” means to use as a temporary or permanent place of dwelling, lodging or living accommodation, and which indicia of camping may include, but are not limited to, storing personal belongings, using tents or other temporary structures for storing personal belongings or for sleeping, carrying on cooking activities, laying out bedding or making any fire. Any person who violates the provisions of this section shall be guilty of an infraction. Such persons shall be required to remove all their personal property from the state-owned or leased property.
History.
I.C.,§ 67-1613, as added by 2012, ch. 17, § 2, p. 36.
STATUTORY NOTES
Cross References.
Department of parks and recreation lands,§ 67-4224.
Punishment for infraction,§ 18-113A.
Prior Laws.
Former§ 67-1613 was repealed by S.L. 1974, ch. 34, § 1.
Legislative Intent.
Compiler’s Notes.
Section 4 of S.L. 2012, ch. 17 provided: “Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”
Effective Dates.
Section 5 of S.L. 2012, ch. 17 declared an emergency. Approved February 21, 2012.
§ 67-1613A. Disposition of property.
Any property remaining after issuance of a citation or any property left unattended shall be held by the agency or its agent removing the property in a secure location for a period of not less than ninety (90) days. Notice shall be posted and remain at the nearest reasonable location to the place of removal with the agency’s or agent’s contact information for the ninety (90) day period. If property is not claimed within the ninety (90) day period, the property shall be deemed abandoned and the agency shall have the right to dispose of the property. A reasonable storage fee as determined by the agency may be assessed at the time an owner claims the property. The individual claiming the property shall produce identification and shall sign a release form providing his or her name and contact information and swearing that the property belongs to the claiming party. If the provisions of this section are complied with, the state of Idaho, its agents, employees and contractors shall be immune from legal liability for the administration of this section.
History.
I.C.,§ 67-1613A, as added by 2012, ch. 17, § 3, p. 36.
STATUTORY NOTES
Legislative Intent.
Section 1 of S.L. 2012, ch. 17 provided: “Legislative Intent. Whereas, the Capitol Building and the Capitol Mall, as well as other state-owned and leased grounds and facilities, function as the vibrant core of Idaho State Government for Idaho citizens and, as such, require unobstructed grounds and convenient access to ensure the health and safety of all citizens including touring visitors and school children; and, whereas, the state should always strive to maintain the highest aesthetic standards for the grounds of the Capitol Mall, as well as other state-owned and leased grounds and facilities; and, whereas, the Capitol Mall and other state-owned and leased grounds and facilities should have consistent public use guidelines where appropriate with the local government; the Legislature now finds that it is in the best interest of the public health and safety of Idaho citizens to regulate the use of the grounds of the Capitol Mall and other state-owned and leased grounds and facilities in order to prevent the unauthorized use of these grounds and facilities as a temporary or permanent place for camping, lodging or living accommodations.”
Compiler’s Notes.
Effective Dates.
Section 5 of S.L. 2012, ch. 17 declared an emergency. Approved February 21, 2012.
§ 67-1614 — 67-1629. State purchasing agent — Contracts — Prohibitions — Revolving fund for purchase of supplies — Contracts with federal government — Stocks of supplies — Discounts — Car pool system. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
Former sections 67-1607 to 67-1629 which comprised S.L. 1919, ch. 128, § 12, p. 422; C.S. § 378; S.L. 1923, ch. 192, § 1, p. 308; I.C.A., 65-1513, 65-1516; am. 1939, ch. 6, § 1, p. 20; 1939, ch. 71, § 1, p. 123; 1939, ch. 143,§§ 7-19, 21, 22, p. 255; am. 1941, ch. 81, § 1, p. 151; 1943, ch. 49, §§ 1, 2, p. 95; 1945, ch. 161, § 1, p. 240; am. 1949, ch. 138, § 1, p. 243; am. 1961, ch. 24, § 1, p. 31; am. 1965, ch. 304, § 3, p. 805; 1970, ch. 197, § 1, p. 571; am. 1971, ch. 136, § 45, 46, p. 522; am. 1972, ch. 232, § 1, p. 613; I.C., 67-1628, 67-1629, as added by S.L. 1972, ch. 372, §§ 1, 2, p. 1092 were repealed by S.L. 1974, ch. 34, § 1. For present comparable law, see§ 67-9201 et seq.
Chapter 17 COMMISSIONERS ON UNIFORM LAWS
Sec.
§ 67-1701. Appointment of commissioners — Qualifications — Vacancies.
The governor shall appoint four (4) commissioners, each of whom shall be a member of the bar of this state, in good standing, who shall constitute and be known as the commission on uniform state laws, and upon the death, resignation or refusal to serve of any of the commissioners so appointed, the governor shall make an appointment to fill the vacancy so caused, such new appointment to be for the unexpired balance of the term of the original appointee. The commission shall be within the office of the secretary of state.
History.
1919, ch. 163, § 1, p. 530; C.S., § 226; I.C.A.,§ 65-1601; am. 1974, ch. 5, § 6, p. 23; am. 2000, ch. 138, § 1, p. 364.
STATUTORY NOTES
Cross References.
Secretary of state,§ 67-901 et seq.
Compiler’s Notes.
Section 5 of S.L. 1970, ch. 110 purported to repeal§§ 67-1701 to 67-1704 of the Idaho Code, however such repeal was probably a typographical error and ineffective as not agreeing with the title of the act which stated it was “repealing sections 67-2702 through and including 67-2704, Idaho Code, relating to the bureau of public accounts.”
This act is substantially in the form recommended by the National Conference of Commissioners on Uniform State Laws.
Effective Dates.
Section 9 of S.L. 1974, ch. 5 provided that the act would be in full force and effect on and after July 1, 1974.
Section 3 of S.L. 2000, ch. 138 declared an emergency. Approved April 3, 2000.
§ 67-1702. Term of office — Disbursements for expenses.
Each of said commissioners shall hold office for a term of four (4) years, and until his successor is duly appointed, but nothing herein contained shall be construed to render a commissioner who has faithfully performed his duties ineligible for reappointment. No member of said commission shall receive any compensation for his services as commissioner, but each commissioner shall be entitled to receive his actual disbursements for expenses in performing the duties of his office.
History.
1919, ch. 163, § 2, p. 530; I.C.A.,§ 65-1602.
STATUTORY NOTES
Compiler’s Notes.
The term “herein” in the first sentence refers to S.L. 1919, Chapter 163, which is codified as§§ 67-1701 to 67-1704.
§ 67-1703. Meeting and organization.
The commissioners shall meet in Ada county at least once in two (2) years and shall organize by the election of one (1) of their number as chairman and another as secretary, who shall hold their respective offices for a term of two (2) years and until their successors are elected and qualified.
History.
1919, ch. 163, § 3, p. 530; C.S., § 228; I.C.A.,§ 65-1603; am. 2001, ch. 183, § 33, p. 613.
§ 67-1704. Duties of commissioners.
It shall be the duty of each of said commissioners to attend the meeting of the national conference of the uniform law commission, or to arrange for the attendance of at least one of their number at such national conference, and both in and out of such national conference they shall do all in their power to promote uniformity in state laws, upon all subjects where uniformity may be deemed desirable and practicable. Said commission shall report to the legislature at its next session, and from time to time thereafter as said commission may deem proper, an account of its transactions, and its advice and recommendations for legislation. This report shall be printed for presentation to each legislature. It shall also be the duty of said commission to bring about as far as practicable the uniform judicial interpretation of all uniform laws, and generally, to devise and recommend such additional legislation, or other or further course of action, as shall tend to accomplish the purposes of this act.
History.
1919, ch. 163, § 4, p. 530; C.S., § 229; I.C.A.,§ 65-1604; am. 2015, ch. 244, § 47, p. 1008.
STATUTORY NOTES
Amendments.
The 2015 amendment, by ch. 244, substituted “the uniform law commission” for “commissioners on uniform state laws” in the first sentence.
Compiler’s Notes.
For more on the uniform law commission, see https://uniformlaws.org .
The term “this act” at the end of the section refers to S.L. 1919, Chapter 163, which is compiled as§§ 67-1701 to 67-1704.
Chapter 18 IDAHO MILLENNIUM FUND
Sec.
§ 67-1801. Idaho millennium permanent endowment fund.
- There is hereby created in the state treasury the “Idaho Millennium Permanent Endowment Fund.” The fund shall consist of eighty percent (80%) of the moneys received by the state of Idaho on and after January 1, 2007, pursuant to the master settlement agreement entered into between tobacco product manufacturers and the state of Idaho, and such moneys as may be provided by legislative appropriations or otherwise directed to the fund by the legislature, including other moneys or assets that the fund receives by bequest or donation.
- The moneys received annually for deposit to the fund, including earnings, shall forever remain inviolate and intact. No portion of the fund shall ever be transferred to any other fund, or used, or appropriated, except as allowed by the provisions of section 18, article VII of the constitution of the state of Idaho and as directed by the provisions of section 67-1802, Idaho Code.
- Fund assets shall be invested by the state treasurer according to the standards of the Idaho uniform prudent investor act, chapter 5, title 68, Idaho Code, and the state treasurer is hereby granted authority to invest the assets of the fund in any investment instruments authorized by the standards of the Idaho uniform prudent investor act.
History.
I.C.,§ 67-1801, as added by 2006, ch. 187, § 1, p. 588.
STATUTORY NOTES
Cross References.
State treasurer,§ 67-1201 et seq.
Compiler’s Notes.
Former§ 67-1801 was amended and redesignated as§ 67-1803, pursuant to S.L. 2006, ch. 187, § 3.
Effective Dates.
Section 3 of S.L. 2000, ch. 1 declared an emergency. Approved February 14, 2000.
Sections 10 and 11 of S.L. 2006, ch. 187 provide: “Section 10. This act shall be in full force and effect on and after the date of adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law.
“Section 11. Upon the adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law, the State Treasurer shall transfer ten million dollars of the fund balance of the Idaho Millennium Fund to the Idaho Millennium Permanent Endowment Fund.”
Senate Joint Resolution No. 107 was adopted by the electorate at the general election on November 7, 2006.
§ 67-1802. Distribution from the Idaho millennium permanent endowment fund.
On the first business day of July, or as soon thereafter as possible, the state treasurer shall distribute to the Idaho millennium income fund five percent (5%) of the Idaho millennium permanent endowment fund’s average monthly fair market value of the first twelve (12) months of the preceding twenty-four (24) months. Provided however, the distribution shall not exceed the Idaho millennium permanent endowment fund’s fair market value on the first business day in July.
History.
I.C.,§ 67-1802, as added by 2006, ch. 187, § 2, p. 588.
STATUTORY NOTES
Compiler’s Notes.
Former§ 67-1802 was amended and redesignated as§ 67-1806, pursuant to S.L. 2006, ch. 187, § 6.
Effective Dates.
Section 5 of S.L. 2002, ch. 352, provides: “This act shall be in full force and effect on and after July 1, 2002, provided that the initial appointments authorized in Section 2 of this act may be made prior to the effective date of this act.”
Sections 10 and 11 of S.L. 2006, ch. 187 provide: “Section 10. This act shall be in full force and effect on and after the date of adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law.
“Section 11. Upon the adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law, the State Treasurer shall transfer ten million dollars of the fund balance of the Idaho Millennium Fund to the Idaho Millennium Permanent Endowment Fund.”
Senate Joint Resolution No. 107 was adopted by the electorate at the general election on November 7, 2006.
§ 67-1803. Idaho millennium fund.
There is hereby created in the state treasury the “Idaho Millennium Fund.” The fund shall consist of twenty percent (20%) of the moneys received by the state of Idaho on and after January 1, 2007, pursuant to the master settlement agreement entered into between tobacco product manufacturers and various states, including Idaho, and such moneys as may be provided by legislative appropriations or otherwise directed to the fund by the legislature including other moneys or assets that the fund receives by bequest or donation. Money in the fund is not subject to appropriation or distribution, except as provided in section 67-1804, Idaho Code. Fund assets shall be invested by the state treasurer according to the standards of the Idaho uniform prudent investor act, chapter 5, title 68, Idaho Code, and the state treasurer is hereby granted the authority to invest the assets of the Idaho millennium fund in any investment instruments authorized by the standards of the Idaho uniform prudent investor act.
History.
I.C.,§ 67-1801, as added by 2000, ch. 1, § 1, p. 3; am. and redesig. 2006, ch. 187, § 3, p. 588.
STATUTORY NOTES
Cross References.
State treasurer,§ 67-1201 et seq.
Amendments.
The 2006 amendment, by ch. 187, renumbered the section from§ 67-1801; and, in the first sentence, substituted “twenty percent (20%) of the moneys received by the state of Idaho on and after January 1, 2007” for “distributed to the state” and added “or otherwise directed to the fund by the legislature including other moneys or assets that the fund receives by bequest or donation” to the end; and, in the second sentence, substituted “67-1804” for “67-1802 and 67-1803.”
Compiler’s Notes.
Former§ 67-1803 was amended and redesignated as§ 67-1804, pursuant to S.L. 2006, ch. 187, § 4.
Effective Dates.
Section 2 of S.L. 2003, ch. 1, declared an emergency. Approved February 4, 2003.
Sections 10 and 11 of S.L. 2006, ch. 187 provide: “Section 10. This act shall be in full force and effect on and after the date of adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law. “Section 11. Upon the adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law, the State Treasurer shall transfer ten million dollars of the fund balance of the Idaho Millennium Fund to the Idaho Millennium Permanent Endowment Fund.”
Senate Joint Resolution No. 107 was adopted by the electorate at the general election on November 7, 2006.
§ 67-1804. Distribution from the Idaho millennium fund.
On the first business day of July, or as soon thereafter as possible, the state treasurer shall distribute to the Idaho millennium income fund five percent (5%) of the Idaho millennium fund’s average monthly fair market value for the first twelve (12) months of the preceding twenty-four (24) months. Provided however, that the distribution shall not exceed the Idaho millennium fund’s fair market value on the first business day in July.
History.
I.C.,§ 67-1803, as added by 2000, ch. 1, § 1, p. 3; am. 2003, ch. 1, § 1, p. 3; am. and redesig. 2006, ch. 187, § 4, p. 588.
STATUTORY NOTES
Amendments.
The 2006 amendment, by ch. 187, renumbered the section from§ 67-1803 and rewrote the section heading, which formerly read: “Distribution of funds.”
Compiler’s Notes.
Former§ 67-1804 was amended and redesignated as§ 67-1807, pursuant to S.L. 2006, ch. 187, § 7.
Effective Dates.
Section 5 of S.L. 2002, ch. 352, provides: “This act shall be in full force and effect on and after July 1, 2002, provided that the initial appointments authorized in Section 2 of this act may be made prior to the effective date of this act.”
Sections 10 and 11 of S.L. 2006, ch. 187 provide: “Section 10. This act shall be in full force and effect on and after the date of adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law.
“Section 11. Upon the adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law, the State Treasurer shall transfer ten million dollars of the fund balance of the Idaho Millennium Fund to the Idaho Millennium Permanent Endowment Fund.”
Senate Joint Resolution No. 107 was adopted by the electorate at the general election on November 7, 2006.
§ 67-1805. Idaho millennium fund balance limitation.
The balance of the Idaho millennium fund shall not exceed one hundred million dollars ($100,000,000) as determined on the day following the distribution to the Idaho millennium income fund as required by the provisions of section 67-1804, Idaho Code. Any amount in excess of the one hundred million dollar ($100,000,000) limit shall be transferred by the state treasurer to the Idaho millennium permanent endowment fund created in section 67-1801, Idaho Code.
History.
I.C.,§ 67-1805, as added by 2006, ch. 187, § 5, p. 588.
STATUTORY NOTES
Compiler’s Notes.
Former§ 67-1805 was amended and redesignated as§ 67-1808, pursuant to S.L. 2006, ch. 187, § 8.
Effective Dates.
Section 5 of S.L. 2002, ch. 352, provides: “This act shall be in full force and effect on and after July 1, 2002, provided that the initial appointments authorized in Section 2 of this act may be made prior to the effective date of this act.”
Sections 10 and 11 of S.L. 2006, ch. 187 provide: “Section 10. This act shall be in full force and effect on and after the date of adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law.
“Section 11. Upon the adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law, the State Treasurer shall transfer ten million dollars of the fund balance of the Idaho Millennium Fund to the Idaho Millennium Permanent Endowment Fund.”
Senate Joint Resolution No. 107 was adopted by the electorate at the general election on November 7, 2006.
§ 67-1806. Idaho millennium income fund.
There is hereby created in the state treasury the “Idaho Millennium Income Fund.” The fund shall consist of distributions from the Idaho millennium permanent endowment fund, the Idaho millennium fund and such moneys that may be provided by legislative appropriations. The Idaho millennium income fund shall be managed by the state treasurer and shall retain its own earnings. The uses of this fund shall be determined by legislative appropriation.
History.
I.C.,§ 67-1802, as added by 2000, ch. 1, § 1, p. 3; am. 2002, ch. 352, § 1, p. 1005; am. and redesig. 2006, ch. 187, § 6, p. 588.
STATUTORY NOTES
Cross References.
Idaho millennium fund,§ 67-1803.
Idaho millennium permanent endowment fund,§ 67-1801.
State treasurer,§ 67-1201 et seq.
Amendments.
The 2006 amendment, by ch. 187, renumbered the section from§ 67-1802, inserted “Idaho millennium permanent endowment fund, the” in the first sentence; and deleted the proviso from the end of the last sentence.
Compiler’s Notes.
Former§ 67-1806 was amended and redesignated as§ 67-1809, pursuant to S.L. 2006, ch. 187, § 8.
Effective Dates.
Section 5 of S.L. 2002, ch. 352, provides: “This act shall be in full force and effect on and after July 1, 2002, provided that the initial appointments authorized in Section 2 of this act may be made prior to the effective date of this act.”
Sections 10 and 11 of S.L. 2006, ch. 187 provide: “Section 10. This act shall be in full force and effect on and after the date of adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law.
“Section 11. Upon the adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law, the State Treasurer shall transfer ten million dollars of the fund balance of the Idaho Millennium Fund to the Idaho Millennium Permanent Endowment Fund.”
Senate Joint Resolution No. 107 was adopted by the electorate at the general election on November 7, 2006.
§ 67-1807. Joint millennium fund committee — Creation and appointment of members.
There is hereby created the joint millennium fund committee, hereafter referred to as the committee. The committee shall consist of ten (10) members, each of whom shall be a member of the legislature. The committee members shall be appointed as follows: three (3) members shall be appointed by the president pro tempore of the senate, one (1) of whom shall be cochair of the committee; two (2) members shall be appointed by the minority leader of the senate; three (3) members shall be appointed by the speaker of the house of representatives, one (1) of whom shall be cochair of the committee; and two (2) members shall be appointed by the minority leader of the house of representatives. The term of a member of the committee shall coincide with the term of election to the legislature. A vacancy during the term of a member of the committee shall be filled by the appointing authority of that member, and members may be reappointed to a subsequent term.
History.
I.C.,§ 67-1804, as added by 2002, ch. 352, § 2, p. 1005; am. and redesig. 2006, ch. 187, § 7, p. 588.
STATUTORY NOTES
Amendments.
The 2006 amendment, by ch. 187, redesignated this section which was formerly compiled as§ 67-1804.
Effective Dates.
Section 5 of S.L. 2002, ch. 352, provides: “This act shall be in full force and effect on and after July 1, 2002, provided that the initial appointments authorized in Section 2 of this act may be made prior to the effective date of this act.”
Sections 10 and 11 of S.L. 2006, ch. 187 provide: “Section 10. This act shall be in full force and effect on and after the date of adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law.
“Section 11. Upon the adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law, the State Treasurer shall transfer ten million dollars of the fund balance of the Idaho Millennium Fund to the Idaho Millennium Permanent Endowment Fund.”
Senate Joint Resolution No. 107 was adopted by the electorate at the general election on November 7, 2006.
§ 67-1808. Powers and duties of the committee.
The committee shall have the following powers and duties:
- To meet not less than two (2) times each year;
- To establish rules for governance and operation of committee proceedings;
- To request applications for funding from the Idaho millennium income fund;
- To meet to hear testimony and to consider applications for funding from the Idaho millennium income fund;
- To evaluate the actual and potential success of programs funded with moneys from the Idaho millennium income fund; and
- To present recommendations annually to the legislature for the use of the moneys in the Idaho millennium income fund.
History.
I.C.,§ 67-1805, as added by 2002, ch. 352, § 3, p. 1005; am. and redesig. 2006, ch. 187, § 8, p. 588.
STATUTORY NOTES
Cross References.
Idaho millennium income fund,§ 67-1806.
Amendments.
The 2006 amendment, by ch. 187, redesignated this section which was formerly compiled as§ 67-1805.
Effective Dates.
Section 5 of S.L. 2002, ch. 352, provides: “This act shall be in full force and effect on and after July 1, 2002, provided that the initial appointments authorized in Section 2 of this act may be made prior to the effective date of this act.”
Sections 10 and 11 of S.L. 2006, ch. 187 provide: “Section 10. This act shall be in full force and effect on and after the date of adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law.
“Section 11. Upon the adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law, the State Treasurer shall transfer ten million dollars of the fund balance of the Idaho Millennium Fund to the Idaho Millennium Permanent Endowment Fund.”
Senate Joint Resolution No. 107 was adopted by the electorate at the general election on November 7, 2006.
§ 67-1809. Support and staff for the committee.
The legislative services office shall provide for the support and staffing of the committee as the committee may require in the performance of its duties.
History.
I.C.,§ 67-1806, as added by 2002, ch. 352, § 4, p. 1005; am. and redesig. 2006, ch. 187, § 9, p. 588.
STATUTORY NOTES
Cross References.
Legislative services office,§ 67-701 et seq.
Amendments.
The 2006 amendment, by ch. 187, redesignated this section which was formerly compiled as§ 67-1806.
Effective Dates.
Section 5 of S.L. 2002, ch. 352, provides: “This act shall be in full force and effect on and after July 1, 2002, provided that the initial appointments authorized in Section 2 of this act may be made prior to the effective date of this act.”
Sections 10 and 11 of S.L. 2006, ch. 187 provide: “Section 10. This act shall be in full force and effect on and after the date of adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law.
“Section 11. Upon the adoption of Senate Joint Resolution No. 107 by the electorate of the state of Idaho as required by law, the State Treasurer shall transfer ten million dollars of the fund balance of the Idaho Millennium Fund to the Idaho Millennium Permanent Endowment Fund.”
Senate Joint Resolution No. 107 was adopted by the electorate at the general election on November 7, 2006.
Chapter 19 STATE PLANNING AND COORDINATION
Sec.
§ 67-1901. Purposes.
The purposes of sections 67-1901 through 67-1905, Idaho Code, are to generate state agency planning and performance information that can be used to:
- Improve state agency accountability to state citizens and lawmakers;
- Increase the ability of the legislature to assess and oversee agency performance;
- Assist lawmakers with policy and budget decisions; and
- Increase the ability of state agencies to improve agency management and service delivery and assess program effectiveness.
History.
I.C.,§ 67-1901, as added by 2005, ch. 339, § 2, p. 1057.
STATUTORY NOTES
Prior Laws.
Former§§ 67-1901 — 67-1903, which comprised S.L. 1935 (1st E.S.), ch. 8,§§ 1-3, p. 16, were repealed by S.L. 1955, ch. 234, § 10, p. 521.
Another former§ 67-1901, which comprised I.C.,§ 67-1901, as added by 1993, ch. 168, § 1, p. 425; am. 1994, ch. 420, § 1, p. 1312, was repealed by S.L. 2005, ch. 339, § 1.
§ 67-1902. Definitions.
For purposes of sections 67-1901 through 67-1905, Idaho Code:
- “Agency” means each department, board, commission, office and institution, educational or otherwise, except elective offices, in the executive department of state government. “Agency” does not include legislative and judicial branch entities.
- “Benchmark” or “performance target” means the agency’s expected, planned or intended result for a particular performance measure. This information may come from an accepted industry standard for performance or from an agency’s careful study, research and/or analysis of the circumstances impacting performance capabilities.
- “Core function” means a group of related activities serving a common end of meeting the main responsibilities of the agency.
- “Goal” means a planning element that describes the broad condition, state or outcome an agency or program is trying to achieve.
- “Major division” means an organizational group within the agency that focuses on meeting one (1) or more of the agency’s primary statutory responsibilities.
- “Objective” means a planning element that describes a specific condition, state or outcome that an agency or program is trying to achieve as a step toward fulfilling its goals.
- “Performance measure” means a quantifiable indicator of an agency’s progress toward achieving its goals.
History.
I.C.,§ 67-1902, as added by 2005, ch. 339, § 3, p. 1057.
§ 67-1903. Strategic planning.
-
Each state agency shall develop and submit to the division of financial management in an electronic format a comprehensive strategic plan for the major divisions and core functions of that agency. The plan shall be based upon the agency’s statutory authority and, at a minimum, shall contain:
- A comprehensive outcome-based vision or mission statement covering major divisions and core functions of the agency;
- Goals for the major divisions and core functions of the agency;
- Objectives and/or tasks that indicate how the goals are to be achieved;
- Performance measures, developed in accordance with section 67-1904, Idaho Code, that assess the progress of the agency in meeting its goals in the strategic plan, along with an indication of how the performance measures are related to the goals in the strategic plan;
- Benchmarks or performance targets for each performance measure for, at a minimum, the next fiscal year, along with an explanation of the manner in which the benchmark or target level was established; and
- An identification of those key factors external to the agency and beyond its control that could significantly affect the achievement of the strategic plan goals and objectives.
- The strategic plan shall cover a period of not less than four (4) years forward including the fiscal year in which it is submitted, and shall be updated annually.
- The strategic plan shall serve as the foundation for developing the annual performance information required by section 67-1904, Idaho Code.
- When developing a strategic plan, an agency shall consult with the appropriate members of the legislature, and shall solicit and consider the views and suggestions of those persons and entities potentially affected by the plan. Consultation with legislators may occur when meeting the requirement of section 67-1904(7), Idaho Code.
- Strategic plans are public records and are available to the public as provided in section 74-102, Idaho Code.
- Each agency, department and commission shall seek to minimize the number of printed copies of strategic plans and annual reports by using electronic versions whenever possible, and by printing only a limited number sufficient for internal needs or anticipated requests for copies for which electronic versions are otherwise inadequate.
History.
I.C.,§ 67-1903, as added by 2005, ch. 339, § 4, p. 1057; am. 2012, ch. 205, § 1, p. 545; am. 2015, ch. 141, § 167, p. 379.
STATUTORY NOTES
Cross References.
Division of financial management,§ 67-1910.
Prior Laws.
Former§ 67-1903 was repealed. See Prior Laws,§ 67-1901.
Another former§ 67-1903, which comprised I.C.,§ 67-1903, as added by 1993, ch. 168, § 1, p. 425; am. 1994, ch. 420, § 3, p. 1312, was repealed by S.L. 2005, ch. 339, § 1.
Amendments.
The 2012 amendment, by ch. 205, inserted “in an electronic format” in the first sentence in the introductory paragraph in subsection (1) and added subsection (6).
The 2015 amendment, by ch. 141, substituted “74-102” for “9-338” in subsection (5).
§ 67-1904. Performance measurement.
-
Every fiscal year, as part of its budget request, each agency shall prepare an annual performance report. The report shall be comprised of two (2) parts:
- Part I shall contain basic profile information for the prior four (4) fiscal years including statutory authority, fiscal year revenue and expenditure information and any informative breakdowns such as amounts from different revenue sources, types of expenditures, and data about the number and types of cases managed and/or key services provided to meet agency goals.
-
Part II shall contain:
- Not more than ten (10) key quantifiable performance measures, which clearly capture the agency’s progress in meeting the goals of its major divisions and core functions stated in the strategic plan required in section 67-1903, Idaho Code. The goal(s) and strategies to which each measure corresponds shall also be provided. More measures may be requested by the germane committee chairs through the process set forth in subsection (7) of this section.
- Results for each measure for the prior four (4) fiscal years. In situations where past data is not available because a new measure is being used, the report shall indicate the situation.
- Benchmarks or performance targets for each measure for, at a minimum, the next fiscal year, and for each year of the four (4) years of reported actual results.
- Explanations, where needed, which provide context important for understanding the measures and the results, and any other qualitative information useful for understanding agency performance.
- Attestation from the agency director that the data reported has been internally assessed for accuracy, and, to the best of the director’s knowledge, is deemed to be accurate.
- Each agency performance report shall be presented in a consistent format, determined by the division of financial management, which allows for easy review and understanding of the information reported.
- Each agency shall review the results of the performance measures compared to benchmarks or performance targets and shall use the information for internal management purposes.
- Each agency shall maintain reports and documentation that support the data reported through the performance measures. This information shall be maintained and kept readily available for each of the four (4) years covered in the most recent performance report.
- The performance report shall be submitted by the agency to the division of financial management and the budget and policy analysis office of the office of legislative services by September 1 of each year. In fiscal year 2006, agencies shall submit part I of the performance report required by subsection (1)(a) of this section no later than November 1, and are exempt from submitting part II of the performance report required by subsection (1)(b) of this section. In accordance with section 67-3507, Idaho Code, agency performance reports shall be published each year as part of the executive budget document.
- The office of budget and policy analysis of the office of legislative services may incorporate all or some of the information submitted under this section in its annual legislative budget book.
- Each agency shall orally present the information from the performance report to its corresponding senate and house of representatives germane committees each year unless a germane committee elects to have an agency present such information every other year. The presentations shall consist of a review of agency performance information and shall provide an opportunity for dialogue between the agency and the committees about the sufficiency and usefulness of the types of information reported. Following any discussion about the information reported, the germane committees, in accordance with the requirements of this section, may request any changes to be made to the types of information reported. In fiscal year 2006, each agency shall be required only to present part I of the performance report required in subsection (1)(a) of this section and, at a minimum, a progress report on the implementation of part II of the performance report as set forth in subsection (1)(b) of this section.
- If an agency and its corresponding germane committees determine that it is not feasible to develop a quantifiable measure for a particular goal or strategy, the germane committees may request an alternative form of measurement.
- The senate and the house of representatives germane committees should attempt to meet jointly to hear and discuss an agency’s performance report and achieve consensus regarding the types of measures to be reported.
- Any performance report or document required by this section shall be produced electronically and transmitted to the division of financial management and the legislative services office electronically. Additionally, the agency shall have the performance report or document required by this section available on its website so that the public may access it. Each agency, department and commission shall seek to minimize the number of printed copies of strategic plans and annual reports by using electronic versions whenever possible, and by printing only a limited number sufficient for internal needs or anticipated requests for copies for which electronic versions are otherwise inadequate.
History.
I.C.,§ 67-1904, as added by 2005, ch. 339, § 5, p. 1057; am. 2012, ch. 205, § 2, p. 545.
STATUTORY NOTES
Cross References.
Division of financial management,§ 67-1910.
Office of legislative services,§ 67-701 et seq.
Prior Laws.
Former§ 67-1904, which comprised S.L. 1935 (1st E.S.), ch. 8, § 4, was repealed by S.L. 1955, ch. 234, § 10, p. 521.
Amendments.
The 2012 amendment, by ch. 205, added subsection (10).
§ 67-1905. Training.
Strategic planning and performance measurement training shall be held for both state agencies and lawmakers as follows:
- The division of financial management shall coordinate training for key agency personnel on the development, use and reporting of strategic planning and performance measurement information. The training shall be integrated into current agency training programs and shall be offered and required for agency staff at a frequency determined by the division of financial management.
- The office of performance evaluations and the office of budget and policy analysis of the office of legislative services shall coordinate training for legislators on the development and use of strategic planning and performance measurement information. The training shall be offered at least once every two (2) years to coincide with new legislative terms.
History.
I.C.,§ 67-1905, as added by 2005, ch. 339, § 6, p. 1057.
§ 67-1906 — 67-1909. State planning board. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
These sections, which comprised S.L. 1935 (1st E.S.), ch. 8, §§ 6-9, p. 16, were repealed by S.L. 1955, ch. 234, § 10, p. 521.
§ 67-1910. Division of financial management — Administrator — Appointment.
There is hereby created within the governor’s office a division of financial management. The governor shall appoint an administrator for the division of financial management. The administrator shall be knowledgeable about finance, accounting, and budget principles. The administrator of the division may employ additional personnel as may be necessary, and may contract for professional services or assistance when necessary or desirable. All employees of the division of financial management shall be exempt from the provisions of chapter 53, title 67, Idaho Code.
History.
I.C.,§ 67-1910, as added by 1974, ch. 22, § 19, p. 592; am. 1980, ch. 358, § 2, p. 922; am. 1995, ch. 365, § 5, p. 1276.
STATUTORY NOTES
Cross References.
Joint action by public agencies,§§ 67-2326 — 67-2333.
Prior Laws.
Former§ 67-1910, which comprised S.L. 1970, ch. 84, § 1, p. 206, was repealed by S.L. 1974, ch. 22, § 1.
§ 67-1911. Financial management technical development committee. [Repealed.]
Repealed by S.L. 2019, ch. 19, § 1, effective July 1, 2019.
History.
I.C.,§ 67-1911, as added by 1980, ch. 358, § 4, p. 922; am. 1984, ch. 1, § 1, p. 3; am. 1999, ch. 370, § 19, p. 976.
STATUTORY NOTES
Prior Laws.
Former§ 67-1911, which comprised S.L. 1970, ch. 84, § 2, p. 206; am. 1974, ch. 22, § 20, p. 592, was repealed by S.L. 1980, ch. 358, § 3.
§ 67-1912. Community affairs functions and responsibilities of division. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised S.L. 1970, ch. 84, § 3, p. 206; am. 1974, ch. 22, § 21, p. 592, was repealed by S.L. 1980, ch. 358, § 3.
§ 67-1913. Funds of division.
When federal or other funds are received by the division, they shall be promptly transferred to the state treasurer and thereafter be expended only upon the approval of the administrator.
History.
1970, ch. 84, § 4, p. 206; am. 1974, ch. 22, § 22, p. 592.
STATUTORY NOTES
Cross References.
Administrator of division of financial management,§ 67-1910.
State treasurer,§ 67-1201 et seq,
Compiler’s Notes.
Section 6 of S.L. 1970, ch. 84 read: “The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act.”
§ 67-1914. Purpose of act. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section, which comprised I.C.,§ 67-1914, as added by 1972, ch. 405, § 1, p. 1188, was repealed by S.L. 1980, ch. 358, § 3.
§ 67-1915. Duties, responsibilities and authority.
The division of financial management shall have the following duties, responsibilities, and authority:
- To study and recommend to the governor methods of interdepartmental cooperation and consolidation within the executive branch of government;
- To study and recommend to the governor methods for improving efficiency of interdepartmental functions;
- To provide technical assistance to state agencies when requested;
- To serve as a clearinghouse for information, data and material which may be helpful in determining needed legislation;
- To have the power to petition for and receive monies such as grants or gifts;
- To work to harmonize the planning activities of state agencies so that comprehensive statewide programs are consistent and to eliminate duplication where possible; and
- To carry out continuing studies and analyses of the problems faced by the state and develop such recommendations for administrative or legislative action as would appear necessary.
History.
I.C.,§ 67-1915, as added by 1972, ch. 405, § 2, p. 1188; am. 1974, ch. 22, § 23, p. 592; am. 1980, ch. 358, § 5, p. 922.
STATUTORY NOTES
Cross References.
Division of financial management,§ 67-1910.
§ 67-1916. Federal assistance management — Duties, responsibilities and authority.
The division of financial management shall serve as the central information center for all state agencies requesting federal assistance. The division of financial management shall have the following duties, responsibilities and authority:
- To establish and maintain a central reporting and information service to keep the governor, the agencies of the state and its subdivisions, and the legislature informed of the intent of the state entities to apply for federal assistance throughout the state.
- To assist in the coordination of federal programs administered by more than one (1) state agency.
- To report, as requested by the legislature or its committees, on the status or condition of federal assistance programs in the state.
- To require that any state agency that participates in any federal assistance program shall make additional information available as necessary.
History.
I.C.,§ 67-1916, as added by 1982, ch. 288, § 2, p. 739.
§ 67-1917. Reports by participating state agencies.
-
Any state agency that receives federal funds, anticipates receipt of federal funds or administers a program supported by federal funds shall provide reports on the use of federal funds as part of each agency’s annual budget request to the division of financial management. The postsecondary educational institutions shall be provided an exception to these requirements and shall submit an audited schedule of expenditures of federal awards for the preceding fiscal year to the office of the state board of education, which shall consolidate such information and submit a report to the division of financial management. The reports required of all other agencies shall:
- Delineate the federal funds received for the preceding fiscal year;
- Delineate the federal funds to be utilized by the state agency for the current and upcoming fiscal year. The report shall include federal funds appropriated by the legislature, federal funds continuously appropriated and any programs supported by federal funds, the loss of which may impact the continuity or delivery of services;
- Identify the date, if known, on which federal funds are set to expire;
- Identify any obligations, agreements, joint exercise of powers agreements, maintenance of effort agreements, or memoranda of understanding that may be impacted by federal or state decisions regarding federal receipts, including any state matching requirements; and
- Calculate the percentage that constitutes federal funds to the total appropriation for the state agency for the fiscal year.
- If an agency receives notice of a reduction in federal funding from a specific federal grant of fifty percent (50%) or more from the previous year’s funding, it shall develop a plan to either reduce or eliminate the services provided through the grant or to continue the services without a shift to state resources. The plan shall be included in the report required under subsection (1) of this section.
- As used in this section, “federal funds” means any financial assistance made by the United States government, or any agency thereof, whether a contract, grant subsidy, augmentation, reimbursement or in any other form.
History.
I.C.,§ 67-1917, as added by 1972, ch. 405, § 4, p. 1188; am. 1974, ch. 22, § 25, p. 592; am. 1980, ch. 358, § 7, p. 922; am. 2015, ch. 307, § 2, p. 1209; am. 2020, ch. 118, § 1, p. 369.
STATUTORY NOTES
Cross References.
Division of financial management,§ 67-1910.
State board of education,§ 33-101 et seq.
Amendments.
The 2015 amendment, by ch. 307, rewrote the section, which formerly read: “Any state agency that participates in any federal assistance program shall make additional information available as the division of financial management may require”.
The 2020 amendment, by ch. 118, designated the existing provisions as subsections (1) and (3) and added present subsection (2) and, in subsection (1), added paragraph (c) and added “including any state matching requirements” at the end of paragraph (d).
Legislative Intent.
Section 1 of S.L. 2015, ch. 307 provided: “Legislative Intent. It is the intent of the Legislature that federal funds being awarded to or administered by state agencies now constitute a significant portion of state expenditures. To have the Legislature ignore these funds would greatly undermine the authority of the Legislature to appropriate moneys. It is imperative that members of the Legislature, Executive Branch and the general public be able to see all the details of federal funds received by the state so that they can prepare for a possible reduction in federal funds, measure the impact of the programs supported with federal funds and act in the best interest of Idahoans.”
Effective Dates.
Section 61 of S.L. 1974, ch. 22 provided that the act would be in full force and effect on and after July 1, 1974.
§ 67-1918. Financial and accounting responsibilities of the division.
It shall be the duty of the administrator of the division of financial management to work with the financial management technical development committee to:
- Develop and implement financial and management reporting systems to serve the needs of budget development and management support. Such systems shall be developed in consultation with the state controller, executive departments, legislature and other elected officials and shall be designed to assist department directors, the governor, and the legislature with their decision-making responsibilities;
- Develop recommended changes to the state account structure, accounting policies or accounting procedures, that would benefit financial and management reporting. Such recommendations shall be supplied to the state controller not later than May first of each fiscal year;
- Make studies of the effect of federal assistance programs in the state and advise the governor and the legislature of alternative recommended methods and procedures for the administration of these programs;
- Study and recommend to the governor methods for improving efficiency of interdepartmental financial functions;
- Perform such other duties and perform other studies assigned by the governor in the area of administration for the executive branch.
History.
I.C.,§ 67-1918, as added by 1980, ch. 358, § 8, p. 922; am. 1994, ch. 180, § 183, p. 420.
STATUTORY NOTES
Cross References.
Administrator of division of financial management,§ 67-1910.
State controller,§ 67-1001 et seq.
Compiler’s Notes.
The financial management technical development committee, referred to in the introductory paragraph, was created by§ 67-1911, which was repealed by S.L. 2019, ch. 19, § 1, effective July 1, 2019.
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 183 was effective January 2, 1995.
§ 67-1919 — 67-1989. [Reserved.]
STATUTORY NOTES
Compiler’s Notes.
Section 2 of S.L. 1988, ch. 3 read: “An emergency existing therefor, which emergency is hereby declared to exist, this act [this section] shall be in full force and effect on and after its passage and approval and shall be null, void and no longer in force and effect on and after June 30, 1991.” Approved February 16, 1988.
§ 67-1990. Idaho Centennial Commission. [Null and void.]
Chapter 20 STATE BOARD OF EXAMINERS
Sec.
§ 67-2001. Constitution of board.
The board of examiners created by section 18, article IV, of the constitution of the state of Idaho is styled the “State Board of Examiners.” The board shall be a self-governing agency in the department of self-governing agencies. The governor is chairman of the said board. The state controller is ex officio secretary of the state board of examiners.
History.
1890-1891, p. 45, § 1; reen. 1899, p. 24, § 1; reen. R.C., § 144; am. 1913, ch. 15, § 1, p. 55; compiled and reen. C.L. 11:1; C.S., § 230, I.C.A.,§ 65-2001; am. 1974, ch. 7, § 1, p. 34; am. 1994, ch. 180, § 184, p. 420; am. 1995, ch. 44, § 58, p. 65.
STATUTORY NOTES
Cross References.
Constitution and powers of board, Idaho Const., Art. IV, § 18.
Claims against state, jurisdiction of supreme court,Idaho Const., Art. V, § 10.
Department of self-governing agencies,§ 67-2601 et seq.
State controller,§ 67-1001 et seq.
Compiler’s Notes.
The attempted amendment of this section by S.L. 1939, ch. 113, § 14, in which the comptroller was substituted for the state auditor as ex officio secretary of the state board of examiners, was declared unconstitutional by Wright v. Callahan , 61 Idaho 167, 99 P.2d 961 (1940).
Effective Dates.
Section 2 of S.L. 1974, ch. 7 provided that the act would be in full force and effect on and after July 1, 1974.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 184 was effective January 2, 1995.
Section 64 of S.L. 1995, ch. 44 declared an emergency and provided that §§ 4 and 58 — 62 should be in full force and effect on and after passage and approval; approved March 6, 1995; section 65 provided that all the remaining sections of the act should be in full force and effect on and after October 1, 1995.
CASE NOTES
Constitutionality.
The legislature cannot, by an amendment of this section, take from the auditor, a constitutional officer, a portion of the characteristic duties belonging to that office and devolve them upon a comptroller, an officer of its own creation. Wright v. Callahan, 61 Idaho 167, 99 P.2d 961 (1940).
§ 67-2002. Meetings of board — Claims.
The state board of examiners shall have regular meetings not less frequently than monthly, and may hold such adjourned or special meetings as the chairman may direct and may meet at any time on call of the chairman or a majority of the board. No claim shall be examined and passed upon by any member unless a majority of the board is present.
History.
1890-1891, p. 45, § 2; reen. 1899, p. 24, § 2; reen. R.C., § 145; am. 1913, ch. 15, § 2, p. 55; reen. C.L. 11:2; C.S., § 231; am. 1925, ch. 121, § 1, p. 168; I.C.A.,§ 65-2002; am. 1976, ch. 42, § 26, p. 90; am. 1986, ch. 321, § 1, p. 788; am. 2007, ch. 335, § 1, p. 984.
STATUTORY NOTES
Amendments.
The 2007 amendment, by ch. 335, in the section catchline, substituted “Meetings” for “Sessions”; and substituted the first sentence for the former first two sentences, which read: “Regular sessions of the state board of examiners shall be held on the second Tuesday of each month. Other sessions may be held at such time and place, and upon such notice, as the board may by resolution prescribe.”
CASE NOTES
Drawing Warrants.
The state auditor [now state controller] cannot legally draw a warrant in favor of a claimant, except as authorized and directed so to do by the state board of examiners, whose duty it is to examine all claims, except salary and compensation fixed by law. In re Huston, 27 Idaho 231, 147 P. 1064 (1915).
Jurisdiction.
Court has no jurisdiction to determine how board of examiners should act. Pyke v. Steunenberg, 5 Idaho 614, 51 P. 614 (1897).
Cited
Suppiger v. Enking, 60 Idaho 292, 91 P.2d 362 (1939).
§ 67-2003. Duties of secretary — Record of claims.
It is the duty of the state controller, acting as secretary of the board of examiners, to receive and file all claims against the state, and for this purpose he shall keep a book in which shall be entered a record of all claims so presented, giving the name and address of each claimant, the amount claimed, the amount allowed by the board, the number of the warrant by which paid, and such other information as may be necessary in order to preserve a complete history of each claim.
History.
R.C., § 145a, as added by 1913, ch. 15, § 3, p. 56; am. C.L. 11:3; C.S., § 232; I.C.A.,§ 65-2003; am. 1994, ch. 180, § 185, p. 420.
STATUTORY NOTES
Cross References.
Allowed claims to be preserved by state controller,§ 67-1041.
Claims to be exhibited to state controller,§ 67-1023.
Compiler’s Notes.
The attempted amendment of this section by S.L. 1939, ch. 113, § 15 which read: “It is the duty of the comptroller, acting as secretary of the board of examiners, to receive and file all claims against the state, and for this purpose he shall keep a record in which shall be entered the name of each claimant, the amount claimed, the amount allowed by the board, and each such other information as may be necessary in order to preserve a summary of each claim. After the claim has been acted upon by the board of examiners he shall forthwith transmit the same with a duplicate of such record verified by him and bearing the certificate of the board of examiners, to the state auditor, which shall be authority to him to issue warrant for payment of each such claim in the amount approved for payment, except as otherwise provided by law. The state auditor shall enter on such record the number of the warrants by which each claim is paid, and shall preserve such claims and such certified record in his office” was declared unconstitutional by Wright v. Callahan , 61 Idaho 167, 99 P.2d 961 (1940).
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 185 was effective January 2, 1995.
CASE NOTES
Constitutionality.
The legislature cannot, by an amendment of this section, take from the auditor [now state controller], a constitutional officer, a portion of the characteristic duties belonging to the office and devolve them upon a comptroller, an officer of its own creation. Wright v. Callahan, 61 Idaho 167, 99 P.2d 961 (1940).
Cited
Suppiger v. Enking, 60 Idaho 292, 91 P.2d 362 (1939).
§ 67-2004. Regulation of per diem traveling expense allowances.
The state board of examiners is hereby authorized to adopt regulations fixing the daily, half-day and quarter-day allowances to be made to state officials and employees traveling on official business, within the lawful maximum daily subsistence allowance rate, and to require, by such regulations, such proofs in support of travel subsistence claims as may be deemed by it conducive to public economy.
History.
1943, ch. 78, § 1, p. 162.
CASE NOTES
Application of Section.
The majority of the board of examiners cannot after having determined the form of a voucher for submission of claims, and claims having been so submitted, require a different form nor can it reject something which it required to be done in the premises, so long as the statutory requirements have been complied with. Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962).
§ 67-2005. Voucher forms.
It is the duty of the state controller to prescribe forms of vouchers on which all requests for expenditure of state moneys must be submitted, and when such forms of vouchers have been prescribed no request for expenditure of state moneys shall be received and filed by the state controller unless the same shall be presented on the proper form.
History.
R.C., § 145b, as added by 1913, ch. 15, § 3, p. 56; am. C.L. 11:4; C.S., § 233; I.C.A.,§ 65-2004; am. 1976, ch. 42, § 27, p. 90; am. 1994, ch. 180, § 186, p. 420.
STATUTORY NOTES
Cross References.
State controller,§ 67-1001 et seq.
Compiler’s Notes.
The attempted amendment of this section by S.L. 1939, ch. 113, § 16, in which the word “comptroller” was substituted for “state auditor”, was declared unconstitutional by Wright v. Callahan , 61 Idaho 167, 99 P.2d 961 (1940).
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 186 was effective January 2, 1995.
CASE NOTES
Constitutionality.
The legislature cannot, by an amendment of this section, take from the auditor [now state controller] a constitutional officer, a portion of the characteristic duties belonging to the office and devolve them upon a comptroller, an officer of its own creation. Wright v. Callahan, 61 Idaho 167, 99 P.2d 961 (1940).
Cited
Suppiger v. Enking, 60 Idaho 292, 91 P.2d 362 (1939).
§ 67-2006. Travel expense — Vouchers.
On all vouchers submitted for travel expenses, there must appear a certificate signed by the head of the department for which the travel was performed, stating that the travel was performed under competent orders, the purpose for which it was undertaken, and that the same was necessary in the public service. The person submitting a voucher for travel expenses must sign thereon a certificate that the account is correct and just.
History.
R.C., § 145c, as added by 1913, ch. 15, § 3, p. 56; reen. C.L. 11:5; C.S., § 234; am. 1927, ch. 201, § 1, p. 279; I.C.A.,§ 65-2005.
STATUTORY NOTES
Cross References.
Regulation of per diem traveling expense allowances,§ 67-2004.
§ 67-2007. Standard travel pay and allowances.
This act may be cited as the “Standard Travel Pay and Allowance Act of 1949.” It is the express intention of this act that the provisions hereof shall supersede and control the language of any statute heretofore enacted relating to the allowance of requests for reimbursement for travel and/or subsistence, including, but without limitation, statutes which provide for the payment of actual and necessary expenses to any officer, agent, employee, clerk, board or commission of the state; and it is further intended that the provisions of this act, and regulations issued hereunder, shall apply to and govern all acts authorizing the payment for travel and/or subsistence which may be enacted hereafter unless the same shall be expressly exempted from the terms of this act. Such acts shall be construed as being subject to the provisions of this act unless an express exemption shall be set forth in such subsequent act.
History.
1949, ch. 161, § 1, p. 349; am. 1976, ch. 42, § 28, p. 90.
STATUTORY NOTES
Prior Laws.
Former§ 67-2007, which comprised S.L. 1923, ch. 71, § 1, p. 78; 1927, ch. 201, § 2, p. 279; 1929, ch. 258, § 1, p. 527; I.C.A.,§ 65-2006; 1941, ch. 19, § 1, p. 36, was repealed by S.L. 1949, ch. 161, § 3.
Compiler’s Notes.
The term “this act” in this section refers to S.L. 1949, Chapter 161, which is compiled as§§ 67-2007 and 67-2008.
The term “hereafter” near the end of the second sentence was present in the enactment of this section by S.L. 1949, Chapter 161 and refers to any time after the effective date of that act, March 12, 1949.
§ 67-2008. Determination of rate of allowance.
-
At its first meeting after the effective date of this act, and thereafter as it shall deem appropriate, the board of examiners shall by regulation fix a rate of allowance for per diem subsistence for officers, agents and all other employees of the state who are absent from their post of duty on official business, which shall be effective for the year in which such allowance is fixed, and shall fix a rate of allowance for mileage for official travel executed by privately owned means of conveyance, which rate of allowance shall be effective for the year in which it is fixed; provided, however, that the board shall fix no rate of per diem allowance which is higher than:
- Actual lodgings (maximum to be set by board of examiners) and meal allowance which is no higher than allowed under the Internal Revenue Code for travel within the state; and
- Actual lodgings (maximum to be set by board of examiners) and meal allowance which is no higher than allowed under the Internal Revenue Code without the state; and
- A rate of mileage allowance which is no higher than the standard mileage rate for the business use of an automobile allowed under the Internal Revenue Code for income tax purposes; and
- The mileage allowance for private aircraft travel shall be set by the board and shall be no higher than that allowed for automobile travel, calculated as if the travel had been by highway route.
- In fixing rates of allowance under this act, the board shall consider the prevailing cost of executing such travel, generally prevailing economic conditions, and the rates of allowance made applicable to similar travel by the federal government and private employers within the state.
- For a period where employees are to be absent from their post on official business for less than twenty-four (24) hours the board’s regulations shall provide for partial days’ subsistence rates.
History.
1949, ch. 161, § 2, p. 349; am. 1953, ch. 191, § 1, p. 300; am. 1955, ch. 108, § 1, p. 233; am. 1959, ch. 140, § 1, p. 315; am. 1973, ch. 41, § 1, p. 76; am. 1974, ch. 298, § 1, p. 1789; am. 1975, ch. 44, § 1, p. 83; am. 1976, ch. 42, § 29, p. 90; am. 1978, ch. 249, § 1, p. 548; am. 1980, ch. 303, § 1, p. 780; am. 1984, ch. 78, § 1, p. 145; am. 1990, ch. 162, § 1, p. 354; am. 2001, ch. 13, § 1, p. 15.
STATUTORY NOTES
Prior Laws.
Former§ 67-2008, which comprised S.L. 1923, ch. 71, § 2, p. 78; 1927, ch. 201, § 3, p. 279; I.C.A.,§ 65-2007; 1941, ch. 17, § 1, p. 33, was repealed by S.L. 1949, ch. 161, § 3.
Federal References.
For deductions for business and traveling expenses under the Internal Revenue Code, see 26 U.S.C.S. § 162 and 26 C.F.R. § 1.162-1 et seq.
Compiler’s Notes.
The phrase “the effective date of this act” near the beginning of subsection (1) refers to the effective date of S.L. 1949, Chapter 161, which was March 12, 1949.
The term “this act” in subsection (2) refers to S.L. 1949, Chapter 161, which is compiled as§§ 67-2007 and 67-2008.
The words enclosed in parentheses so appeared in the law as enacted.
Effective Dates.
Section 4 of S.L. 1949, ch. 161 declared an emergency. Approved March 12, 1949.
Section 2 of S.L. 1959, ch. 140 declared an emergency. Approved March 12, 1959.
Section 2 of S.L. 1980, ch. 303 declared an emergency and stated that the act should be in full force and effect on and after February 1, 1980. Approved April 1, 1980.
§ 67-2008A. Determination of rates of allowance — Foreign travel.
The board of examiners shall determine reasonable rates of allowance for per diem subsistence for officers, agents and employees of the state who are absent from their post of duty on official business in a foreign country. In determining such rates of allowance, the limitations of section 67-2008, Idaho Code, shall not apply. The board shall determine rates of allowance which are reasonable based upon factors such as the prevailing cost of executing such travel, generally prevailing economic conditions, and the rates of allowance made applicable to similar travel by the federal government and private employers within the state.
History.
I.C.,§ 67-2008A, as added by 1988, ch. 14, § 1, p. 17.
STATUTORY NOTES
Effective Dates.
Section 2 of S.L. 1988, ch. 14 declared an emergency. Approved March 2, 1988.
§ 67-2009. Travel expense
Certificate and verification of claims. [Repealed.]
STATUTORY NOTES
Compiler’s Notes.
This section which comprised S.L. 1923, ch. 71, § 3, p. 78; I.C.A.,§ 65-2008, was repealed by S.L. 1976, ch. 42, § 41.
§ 67-2010. Supplies — Vouchers.
Vouchers submitted for supplies furnished the state must set forth in itemized form the number or amount, and price of each article included in the account. Such vouchers must contain certificates signed by the head of the department or institution to the effect that the supplies were ordered by proper authority, that they were necessary in the public service, that the account is correct and just, and that the supplies charged for have actually been received in number and amount as charged.
History.
R.C., § 145d, as added by 1913, ch. 15, § 3, p. 56; reen. C.L. 11:6; C.S., § 235; am. 1927, ch. 201, § 4, p. 279; I.C.A.,§ 65-2009; am. 1972, ch. 406, § 2, p. 1191.
CASE NOTES
Form of Voucher.
The majority of the board of examiners cannot after having determined the form of a voucher for submission of claims, and claims having been so submitted, require a different form nor can it reject something which it required to be to be done in the premises, so long as the statutory requirements have been complied with. Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962).
§ 67-2011. Services — Vouchers for.
Vouchers submitted for services other than the payment of salaries, fixed by law must set forth the particular service rendered, the rate of pay, and the total amount due. Where the voucher covers separate noncontinuous services each item must be separately stated. Such vouchers must contain a certificate from the head of the department or institution to the effect that the services were necessary in the public service, that they were actually rendered as charged, and that the account is correct and just.
History.
R.C., § 145e, as added by 1913, ch. 15, § 3, p. 56; reen. C.L. 11:7; C.S., § 236; am. 1927, ch. 201, § 5, p. 279; I.C.A.,§ 65-2010; am. 1972, ch. 406, § 3, p. 1191.
CASE NOTES
Cited
Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962).
§ 67-2012. Payroll — Vouchers.
For all institutions or departments where the officers and employees are paid a fixed salary, a voucher may be submitted in the form of a regular periodic payroll covering the compensation of such officers and employees. Subject to the rules of the state board of examiners, a warrant will be issued by the state controller to each person carried on such rolls for the amount shown thereon. The vouchers must contain a certificate from the head of the department or institution to the effect that the services were necessary in the public service, that they were actually rendered as charged, that the rate of pay of each individual carried thereon has been lawfully fixed by proper authority and that the account is correct and just.
History.
R.C., § 145f, as added by 1913, ch. 15, § 3, p. 57; reen. C.L. 11:8; C.S., § 237; I.C.A.,§ 65-2011; am. 1939, ch. 266, § 1, p. 654; am. 1943, ch. 99, § 1, p. 193; am. 1977, ch. 178, § 10, p. 459; am. 1994, ch. 180, § 187, p. 420.
STATUTORY NOTES
Cross References.
State controller,§ 67-1001 et seq.
Effective Dates.
Section 2 of S.L. 1939, ch. 266 declared an emergency. This bill became a law on March 15, 1939, not having been signed by the governor, nor filed, together with his objections, in the office of the secretary of state within ten days after the adjournment of the legislature.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 187 was effective January 2, 1995.
CASE NOTES
Mandamus to compel payment of salary. Warrants drawn as approved.
Costs.
In mandamus proceeding to command a game warden to approve and certify former chief clerk’s claim, which game warden’s predecessor should have approved and certified, costs are not allowable against defendant. Doolittle v. Eckert, 53 Idaho 384, 24 P.2d 36 (1933).
Estoppel.
That a chief clerk in the fish and game department signed a payroll in the nature of receipt, and accepted and cashed warrants for less than statutory salary, does not estop her from, thereafter, claiming balance. Doolittle v. Eckert, 53 Idaho 384, 24 P.2d 36 (1933).
Form of Vouchers.
The majority of the board of examiners cannot, after having determined the form of a voucher for submission of claims, and claims having been so submitted, require a different form nor can it reject something which it required to be done in the premises, so long as the statutory requirements have been complied with. Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962).
Mandamus to Compel Payment of Salary.
Where a former game warden caused less than the statutory salary to be paid to a former chief clerk, a mandamus is available to command game warden’s successor to approve and certify a claim to the auditor [now state controller] for the balance and command the auditor to issue warrant therefor. Doolittle v. Eckert, 53 Idaho 384, 24 P.2d 36 (1933).
Warrants Drawn as Approved.
A state auditor [now state controller] is not required to draw a warrant for payment of salary of an employee of the fish and game department, except as approved and certified by the game warden. Doolittle v. Eckert, 53 Idaho 384, 24 P.2d 36 (1933).
Cited
Padgett v. Williams, 82 Idaho 28, 348 P.2d 944 (1960).
§ 67-2013. Filing, examination and correction of vouchers.
Whenever a voucher is received by the state controller he shall before filing the same, examine or cause it to be examined prior to payment and, if it is not correct in form or amount, or if there are no moneys in the state treasury out of which the same may lawfully be paid, he shall forthwith return the same to the party rendering the account for correction or for submission at a later date if there is made an appropriation out of which the same may lawfully be paid.
History.
R.C., § 145g, as added by 1913, ch. 15, § 3, p. 57; reen. C.L. 11:9; C.S., § 238; I.C.A.,§ 65-2012; am. 1976, ch. 42, § 30, p. 90; am. 1994, ch. 180, § 188, p. 420.
STATUTORY NOTES
Compiler’s Notes.
The attempted amendment of this section by S.L. 1939, ch. 113, § 17 which read: “Whenever a voucher is received by the state auditor he shall before issuing a warrant for payment thereof, ascertain if there are funds in the state treasury out of which the same may be lawfully paid, and if there are no funds out of which the same may be lawfully paid he shall forthwith return it to the comptroller, who shall forthwith return the same to the party rendering the account for submission at a later date if and when funds are available for payment” was declared unconstitutional by Wright v. Callahan, 61 Idaho 167, 99 P.2d 961 (1940).
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 188 was effective January 2, 1995.
CASE NOTES
Constitutionality.
The legislature cannot, by amendment of this section, take from the auditor [now state controller], a constitutional officer, a portion of his characteristic duties and devolve them upon a comptroller, an officer of its own creation. Wright v. Callahan, 61 Idaho 167, 99 P.2d 961 (1940).
§ 67-2014. Certification of claim by controller.
On all claims submitted to the state board of examiners for their action, the state controller must certify that the claim is in proper form, that the totals carried thereon are correct, that receipts when required by law or regulation of the board covering items for which reimbursement is asked are submitted therewith, and that, subject to the provisions of section 67-1212, Idaho Code, there are moneys in the state treasury out of which the same may be lawfully paid.
History.
R.C., § 145h, as added by 1913, ch. 15, § 3, p. 57; reen. C.L. 11:10; C.S., § 239; am. 1927, ch. 201, § 6, p. 279; I.C.A.,§ 65-2013; am. 1976, ch. 42, § 31, p. 90; am. 1994, ch. 180, § 189, p. 420.
STATUTORY NOTES
Cross References.
Claims to have indorsed thereon state controller’s certificates,§ 67-2018.
State controller,§ 67-1001 et seq.
Compiler’s Notes.
The attempted amendment of this section by S.L. 1939, ch. 113, § 18, in which the comptroller was substituted for the state auditor as the official to certify accounts, was declared unconstitutional by Wright v. Callahan , 61 Idaho 167, 99 P.2d 961 (1940).
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 189 was effective January 2, 1995.
CASE NOTES
Controller’s Liability for Mistake.
If a mistake is made by the auditor [now state controller] in drawing a warrant upon the wrong fund, in absence of collusion, theft, or actual fraud, resort should be had to a civil rather than criminal remedy. In re Huston, 27 Idaho 231, 147 P. 1064 (1915).
Availability of Money to Pay Claim.
Certificate of auditor [now state controller] or order of board of examiners is not conclusive on question of whether appropriation is available to pay claim. Herrick v. Gallet, 35 Idaho 13, 204 P. 477 (1922).
No warrant can issue to pay claim even though allowed by board of examiners unless legislature has made appropriation to cover same. Herrick v. Gallet, 35 Idaho 13, 204 P. 477 (1922).
Auditor [now state controller] may draw warrant on adjutant general’s contingent fund to pay expenses incurred when governor proclaimed martial law, although there was not sufficient money in said fund to pay such warrants. McConnel v. Gallet, 51 Idaho 386, 6 P.2d 143 (1931).
Board to Pass on Claims.
If claim against state was originally incurred in violation of statute and constitution, prohibiting expenditures in excess of appropriations, subsequent attempt of legislature to pay claim which had not been passed upon by state board of examiners was unconstitutional. State ex rel. Hansen v. Parsons, 57 Idaho 775, 69 P.2d 788 (1937), overruled on other grounds, State ex rel. Williams v. Musgrave, 84 Idaho 77, 370 P.2d 778 (1962).
Where state industrial insurance fund became exhausted and department contracted debts in excess of specific appropriation therefor, statute enacted before state board of examiners had passed upon or approved claims for such excess expenditures violated constitution prohibiting legislature from passing on claims against state not acted on by state board of examiners, and constitution forbidding passage of “local or special laws.” State ex rel. Hansen v. Parsons, 57 Idaho 775, 69 P.2d 788 (1937), overruled on other grounds, State ex rel. Williams v. Musgrave, 84 Idaho 77, 370 P.2d 778 (1962).
The constitution creates the state board of examiners as a tribunal with full power and jurisdiction to pass upon all claims against the state, except salary and compensation fixed by law. Wright v. Callahan, 61 Idaho 167, 99 P.2d 961 (1940).
The board of examiners in observance of its duty to examine claims against the state other than salaries and compensation fixed by law must determine whether the claim is in proper form, properly certified by the state auditor [now state controller] and within the scope of the enactment providing the appropriation and payable therefrom. Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962).
Constitutionality.
The legislature cannot by an amendment of this section, take from the auditor [now state controller], a constitutional officer, a portion of the characteristic duties belonging to the office and devolve them upon a comptroller, an officer of its own creation. Wright v. Callahan, 61 Idaho 167, 99 P.2d 961 (1940).
Jurisdiction of Supreme Court.
Cited
The supreme court’s jurisdiction to hear claims against the state not being related to claims for payment of which no appropriation has been made but embracing all claims not included within the classes excepted, it had authority to compel the board of examiners to examine and approve for payment claims of children’s commission upon determining that they were proper as to form, certification and chargeability against the appropriation. Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962). Cited State ex rel. Graham v. Enking, 59 Idaho 321, 82 P.2d 649 (1938).
§ 67-2015. Regulations for proof of claims.
The state board of examiners shall make such regulations not inconsistent with law in relation to proof of claims against the state as in its judgment will safeguard the funds of the state and facilitate the examination of claims.
History.
1927, ch. 201, § 7, p. 279; I.C.A.,§ 65-2014.
CASE NOTES
Cited
Suppiger v. Enking, 60 Idaho 292, 91 P.2d 362 (1939).
§ 67-2016. State controller’s civil liability.
For the proper performance of the duties herein enjoined upon the state controller, as secretary of the state board of examiners, or for any unlawful or irregular payment of any account submitted against the state, the state controller is hereby made responsible upon his official bond.
History.
R.C., § 145i, as added by 1913, ch. 15, § 3, p. 57; reen. C.L. 11:11; C.S., § 240; I.C.A.,§ 65-2015; am. 1994, ch. 180, § 190, p. 420.
STATUTORY NOTES
Cross References.
State controller,§ 67-1001 et seq.
Compiler’s Notes.
The attempted amendment of this section by S.L. 1939, ch. 113, § 19 which read: “For any unauthorized payment of any account submitted against the state, and for the payment of any account for which there are no funds lawfully available, the state auditor is hereby made responsible upon his official bond” was declared unconstitutional by Wright v. Callahan , 61 Idaho 167, 99 P.2d 961 (1940).
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 190 was effective January 2, 1995.
CASE NOTES
Auditor’s Liability for Mistake.
If a mistake is made by the auditor [now state controller] in drawing a warrant upon the wrong fund, in absence of collusion, theft, or actual fraud, resort should be had to a civil rather than criminal remedy. In re Huston, 27 Idaho 231, 147 P. 1064 (1915).
Constitutionality.
The legislature cannot by an amendment of this section, take from the auditor [now state controller], a constitutional officer, a portion of the characteristic duties belonging to the office and devolve them upon a comptroller, an officer of its own creation. Wright v. Callahan, 61 Idaho 167, 99 P.2d 961 (1940).
§ 67-2017. Criminal liability for false certificate.
The making of any false certificate on any voucher on which money is to be paid by the state, for the purpose of securing or aiding to secure the payment of any moneys not a just and proper charge against the state, is hereby declared to be a felony under the provisions of section 18-2706[, Idaho Code].
History.
R.C., § 145j, as added by 1913, ch. 15, § 3, p. 58; reen. C.L. 11:12; C.S., § 241; I.C.A.,§ 65-2016; am. 1976, ch. 42, § 32, p. 90.
STATUTORY NOTES
Cross References.
Penalty for felony when not otherwise provided,§ 18-112.
Compiler’s Notes.
The bracketed insertion at the end of the section was added by the compiler to conform to the statutory citation style.
§ 67-2018. Audit of claims.
It is the duty of the state board of examiners to examine all claims, except salaries and compensation of officers fixed by law, and except fixed appropriations for principal and interest of the public bonded debt, and except claims against the state already presented to the board and favorably reported by it to the legislature for passage. The board may approve or disapprove any claim or demand against the state, or any item thereof, or may recommend a less amount in payment of the whole, or any item thereof, and a decision of a majority of the members shall stand as the decision of the board. But no claim shall be examined, considered or acted upon by said board, unless the state controller, as secretary of the state board of examiners, shall have indorsed thereon the certificates required to be made by him by section 67-2014, Idaho Code, and unless receipted vouchers are filed therewith showing the payment of all items for which reimbursement is asked.
Expenditures for the ordinary operations of state government, for which appropriations have been made, need not be examined or reviewed by the board of examiners.
History.
1890-1891, p. 45, § 3; reen. 1899, p. 24, § 3; am. 1903, p. 373, § 1; am. 1905, p. 365, § 1; reen. R.C., § 146; am. 1913, ch. 15, § 4, p. 58; am. C.L. 11:13; C.S., § 242; I.C.A.,§ 65-2017; am. 1976, ch. 42, § 33, p. 90; am. 1994, ch. 180, § 191, p. 420.
STATUTORY NOTES
Cross References.
Allowed claims to be preserved by state controller,§ 67-1041.
Claims to be exhibited to state controller,§ 67-1023.
Jurisdiction of board of examiners and remedies afforded creditors of the state, Idaho Const., Art. IV, § 18, andIdaho Const., Art. V, § 10.
State controller,§ 67-1001 et seq.
Compiler’s Notes.
The attempted amendment of this section by S.L. 1939, ch. 113, § 20 which would have changed the last sentence of this section to read as follows: “But no claim shall be examined, considered, or acted upon by said board, unless accompanied by the certificate of the state auditor that there are funds in the state treasury out of which the same may be lawfully paid and unless receipted vouchers are submitted therewith showing the payment of all items for which reimbursement is asked” was declared unconstitutional by Wright v. Callahan , 61 Idaho 167, 99 P.2d 961 (1940).
Effective Dates.
Section 241 of S.L. 1994, ch. 180 provided: “This act shall be in full force and effect on and after the first Monday of January, 1995, if the state board of canvassers has certified that an amendment to the Constitution of the State of Idaho has been adopted at the general election of 1994 to change the name of the state auditor to state controller.”
The amendment to the constitution was adopted at the general election of November 8, 1994, and the amendment of this section by S.L. 1994, ch. 180, § 191 was effective January 2, 1995.
CASE NOTES
Authority of State Controller.
State auditor [now state controller] may legally draw a warrant in favor of a claimant only as authorized and directed to do so by state board of examiners. In re Huston, 27 Idaho 231, 147 P. 1064 (1915).
Auditor [now state controller] may draw warrant on adjutant general’s contingent fund to pay expenses incurred when governor proclaimed martial law, although there was not sufficient money in said fund to pay such warrants. McConnel v. Gallet, 51 Idaho 386, 6 P.2d 143 (1931).
Board’s Discretion.
This section, insofar as it provides that the board of examiners may disapprove any claim or demand against the state, cannot be interpreted as vesting an absolute discretion in the board of examiners to approve or disapprove any claim or demand against the state for so to do would render this section unconstitutional as an attempt to delegate legislative power to the board violative of the basic sovereign power of the legislature to make laws with accompanying express or implicit legislative policy which the board could annul in the case of any enactment carrying an appropriation by denial of claims for the payment of which the legislature had made such appropriation. Jewett v. Williams, 84 Idaho 93, 369 P.2d 590 (1962).
Board to Pass on Claims.
If claim against state was originally incurred in violation of statute, and constitution prohibiting expenditures in excess of appropriations, subsequent attempt of legislature to pay claim which had not been passed upon by state board of examiners was unconstitutional. State ex rel. Hansen v. Parsons, 57 Idaho 775, 69 P.2d 788 (1937), overruled on other grounds, State ex rel. Williams v. Musgrave, 84 Idaho 77, 370 P.2d 778 (1962).
Where sta