§ 67-101. Location.

The seat of government of this state is at Boise City, in the county of Ada.

§ 67-102. Short title.

This act shall be known as the Emergency Relocation Act.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-201. Legislative apportionment. [Repealed.]

§ 67-202. Legislative districts — Senators elected

Representatives elected. [Repealed.]

§ 67-202A. Legislative districts — Senators elected

Representatives elected. [Repealed.]

§ 67-203. Election of representatives. [Repealed.]

§ 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.

§ 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.

§ 67-301. Classification of officers.

The public officers of this state are classified as follows:

1. Legislative.
2. Executive.
3. Judicial.
4. Ministerial officers and officers of the courts.

But this classification is not to be construed as defining the legal powers of either class.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-403. Certificates of election.

The certificate of election is prima facie evidence of the right to membership.

§ 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.

§ 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.

§ 67-404c. Officers and standing committees.

1. The officers of the legislature, elected or selected at the first regular session, or at the organizational session, shall serve during the term of the legislature.
2. The standing committees of the legislature, when created and designated by rule of the respective house, shall be permanent standing committees and shall exist during the term of the legislature.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-406c. Secretarial and other assistance. [Repealed.]

§ 67-407. Attendance of witness — Subpoena.

A subpoena requiring the attendance of any witness or the production of any papers or other materials before either house of the legislature, or a committee of the legislature, may be issued by the president or president pro tempore of the senate, speaker of the house, or the chairman of any committee before whom the attendance of the witness or the production of papers or other materials is desired. The subpoena must:

1. State whether the proceeding is before the senate or house, or a committee;
2. Be addressed to the witness, and name with particularity the papers or other materials to be produced by the witness, if papers and materials are requested;
3. Require the attendance of the witness or the production of such papers or other materials by the witness at a time and place certain to be shown on the subpoena;
4. Be signed by the president or president pro tempore of the senate, speaker of the house, or the chairman of a committee; and
5. Inform the witness that the witness will be paid mileage, meals and lodging, if necessary, or otherwise provided necessary transportation, meals or lodging for attendance. Any witness subpoenaed under this section shall be entitled to necessary mileage, meals and lodging at the rates established by the state board of examiners pursuant to section 67-2008, Idaho Code, for official travel for state officers and employees, to be paid from the legislative account if other transportation, meals and lodging are not tendered for the witness’s attendance.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-412. Designating qualified substitute when legislator temporarily unable to perform duties.

1. In the event that a legislator is temporarily unable to perform the duties of his office, the legislator may designate a qualified person to succeed to the powers and duties, but not the office, of the legislator until the incumbent legislator is able to resume performance of his duties or a vacancy occurs in the office. If a legislator appoints a temporary successor, that person shall be designated or serve as a temporary substitute only if the person is qualified, under the Idaho constitution and statutes, to hold the office of the legislator to whose powers and duties the person is designated to succeed, which shall be verified by the legislator.
2. In the event of an attack, as defined in section 67-415, Idaho Code, the provisions of the emergency interim legislative succession act shall apply.

§ 67-412A. Compensation of legislators when not in session. [Repealed.]

§ 67-413. Short title.

This act shall be known as the “Emergency Interim Legislative Succession Act.”

§ 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.

§ 67-415. Definitions.

As used in this act:

1. “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.
2. “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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-429. Powers and duties.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

§ 67-429A. State-tribal gaming compacts.

1. 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.
2. The state may enter into those gaming compacts negotiated with Indian tribes pursuant to this section provided:
   1. The compact only authorizes an Indian tribe to conduct those forms of gaming authorized by Idaho law;
   2. The compact does not obligate the state of Idaho to appropriate state funds; and
   3. 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.
3. 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.
4. 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.
5. 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.

§ 67-429C. Amendment of state-tribal gaming compacts.

1. 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:
   1. 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.
   2. 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.
   3. 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.
   4. The tribe agrees not to conduct gaming outside of Indian lands.
2. 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.
3. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-434. Per diem allowance and expenses. [Repealed.]

§ 67-435. Powers and duties.

1. The joint finance-appropriations committee shall have the following powers and duties:
   1. 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.
   2. To conduct such hearings as it may deem necessary and proper.
   3. 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.
   4. To perform such other duties as the legislature or legislative council may by appropriate resolution direct.
2. The joint finance-appropriations committee shall use the following procedures for releasing reports produced by the legislative audits division:
   1. 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;
   2. 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
   3. 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.

§ 67-436. Vouchers for expenses. [Repealed.]

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-450B. Independent financial audits of local governmental entities — Filing requirements.

1. 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.
2. The minimum requirements for any audit performed under the provisions of this section are:
   1. 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.
   2. 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.
   3. 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.
   4. 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.

§ 67-450C. Independent financial audits of affiliated organizations to state governmental agencies or entities — Filing requirements.

1. 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.
   1. 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.
   2. 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.
   3. 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.
2. The minimum requirements for any audit performed under the provisions of this section are:
   1. 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.
   2. 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.
   3. 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.

§ 67-450D. Independent financial audits — Designated entities.

1. 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:
2. The minimum requirements for any audit performed under the provisions of this section are:
   1. 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.
   2. 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.
   3. 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.
3. 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.
4. 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.
5. 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.

§ 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.

1. 1. 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.
   2. The county clerk shall notify each local governing entity of the requirements of this section.
   3. After March 1, 2015, and on or before December 1 of each year:
      1. The state tax commission shall submit a list to the legislative services office of all taxing districts within the state; and
      2. 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.
2. 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:
   1. Administrative information:
      1. The terms of membership and appointing authority for the governing board member of the local governmental entity;
      2. The official name, mailing address and electronic mailing address of the entity;
      3. The fiscal year of the entity;
      4. 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.
   2. Financial information:
      1. 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.
   3. Bonds or other debt obligation information:
      1. The cumulative dollar amount of all bonds or other debt obligations issued or incurred by the entity; and
      2. 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.
   4. 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.
   5. 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.
   6. 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.
3. Audits required by section 67-450B, Idaho Code, will be submitted to the online portal.
4. Notification and penalties.
   1. 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.
   2. 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.
   3. 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.
   4. 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:
      1. 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;
      2. 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;
      3. Cause a special audit to be conducted on the entity at the cost of the entity.
5. The provisions of this section shall have no impact or effect upon reporting requirements for local governing entities relating to the state tax commission.

§ 67-451. Legislative account created — Duties of controller — Disbursements from account — Report of disbursements.

1. 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.
2. 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:
3. 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.
4. 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

§ 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.

§ 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.

§ 67-453. Statements regarding proposed constitutional amendments.

1. 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:
   1. 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
   2. 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.
2. 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.

§ 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.

§ 67-455. Governor’s housing committee — Governor’s residence fund.

1. 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.
2. 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.

§ 67-455A. Committee may acquire and dispose of property.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

§ 67-456. Special committee on criminal justice reinvestment oversight.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. The special committee shall cease to exist following its report to the first regular session of the sixty-seventh Idaho legislature in 2023.

§ 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.

§ 67-458. Definitions.

For the purposes of sections 67-457 through 67-464, Idaho Code:

1. “Committee” means the joint legislative oversight committee.
2. “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:
   1. How effectively the programs are administered;
   2. Benefits of each program in relation to the expenditures;
   3. Goals of the programs;
   4. Development of indicators by which the success or failure of a program may be gauged;
   5. Conformity of programs with legislative intent;
   6. Assistance to legislative committees dealing with specific programs;
   7. Impact of federal grant-in-aid programs on agency programs.
3. “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.

§ 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.

§ 67-460. Powers of committee.

The joint legislative oversight committee shall have the following powers:

1. 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.
2. To contract with private individuals or entities for the conduct of performance evaluations or portions thereof.
3. 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.
4. 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.
5. 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.
6. To conduct meetings at such times as the cochairmen deem necessary.
7. 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.

§ 67-461. Conduct of and issuance of performance evaluation reports.

1. In conducting a performance evaluation, the director of legislative performance evaluations shall obtain an overview of the operations of the agency or program.
   1. 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.
   2. In consultation with the agency or program, the director of legislative performance evaluations will develop a performance evaluation work plan.
2. 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.
   1. 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.
   2. 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.
   3. Any person violating the provisions of this subsection regarding confidentiality shall be guilty of a misdemeanor.
3. The committee shall issue performance evaluation reports, favorable or unfavorable, of any state agency, and such reports shall be a public record except that:
   1. 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.
   2. 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.
   3. 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.
4. 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.

§ 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.

§ 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.

§ 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.

§ 67-465. Special oversight committee on state funded substance abuse treatment. [Null and void.]

§ 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 ...., .....”

§ 67-502. Approval of bills.

When the governor approves a bill he must set his name thereto, with the date of his approval.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-507a. Statement of meaning, purpose of proposed amendment. [Repealed.]

§ 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.

1. 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.
2. 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.
3. 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.
4. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-601 — 67-609. Employees of senate and house — Duties — Elections — Removal. [Repealed.]

§ 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.

§ 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.

§ 67-702. Audit function of legislative services office.

1. The legislative services office at the direction of the legislative council has authority to:
   1. Perform an annual audit of the statewide annual financial report prepared by the state controller in accordance with generally accepted government auditing standards.
   2. Perform an annual audit of federal financial assistance provided to the state that meets the requirements established by the federal government.
   3. 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.
   4. Provide audit services to any unit of state government or public institution that requests services, if authorized by the legislative council.
   5. 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.
   6. 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.
   7. 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.
2. 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.

§ 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:

1. Provide the legislature with research and analysis of current and projected state revenue, state expenditure and state tax expenditures;
2. 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;
3. Provide an analysis of the impact of the governor’s proposed revenue and expenditure plans for the next fiscal year;
4. 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;
5. 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;
6. 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;
7. Conduct research on matters of economic and fiscal policy and report to the legislature on the result of the research;
8. Provide economic reports and studies on the state of the state’s economy, including trends and forecasts for consideration by the legislature;
9. Conduct budget and tax studies and provide general fiscal and budgetary information;
10. 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;
11. 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;
12. 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;
13. 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
14. 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.

§ 67-704. Research and legislation — Function of legislative services office.

1. 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.
2. In administering this section the legislative services office shall establish and maintain a legislative reference library.
3. 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.
4. 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.

§ 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.

§ 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:

1. To supervise the official conduct of all executive and ministerial officers.
2. 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.
3. To make the appointments and supply the vacancies provided by law.
4. 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.
5. 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.
6. 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.
7. He may require the attorney general to aid any prosecuting attorney in the discharge of his duties.
8. 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.
9. To perform such duties respecting fugitives from justice as are prescribed by the penal code.
10. To issue and transmit election proclamations as prescribed by law.
11. He may require any officer to make special reports to him in writing on demand.
12. He has such other powers and may perform such other duties as are devolved upon him by any law of this state.

§ 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.

§ 67-804. Records of governor’s office.

The governor must cause to be kept the following records:

1. 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.
2. A register of statements in capital cases made to him, with his action thereon.
3. 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.
4. A register of all appointments made by him, with date of commission, names of appointee and predecessor.
5. 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.

§ 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.

1. 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.
2. 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.

§ 67-805A. Succession to office of governor.

1. 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.
2. 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.
3. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-809. Duties of lieutenant governor — Actual and necessary expenses — Compensation of senate president pro tempore when acting as lieutenant governor.

1. 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.
2. The lieutenant governor shall be entitled to receive the following expense allowances:
   1. As unvouchered expense allowances:
      1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. 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.
   2. As vouchered expense allowances:
      1. 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.
      2. Actual and necessary expenses incurred while serving as lieutenant governor or as acting governor.
3. 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.
4. 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).
5. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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:

1. Suitable office space, furniture, fixtures and equipment;
2. Payment of salaries and expenses of staff personnel designated by the governor-elect;
3. Payment of travel expenses for the governor-elect and his staff personnel;
4. Payment of incidental office expenses, including postage, communications and supplies.

§ 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.

§ 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.

§ 67-818. Coordination of policy and programs related to threatened species and endangered species in Idaho.

1. 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.
2. The duties of the office of species conservation shall include:
   1. 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;
   2. 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;
   3. Participation in regional efforts to cooperatively address endangered species, threatened species, candidate and petitioned species, and rare and declining species;
   4. 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;
   5. 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;
   6. 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;
   7. 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;
   8. 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.
3. State policy and management plans developed pursuant to this section shall be developed in accordance with the following subsections:
   1. 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.
4. 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.
5. 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.
6. 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.

§ 67-819. Funding — Account created.

1. 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.
2. 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.

§ 67-820. Flags flown at half-staff — Death in line of duty for police, firefighters, paramedics or EMTs.

1. 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.
2. 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.

§ 67-821. Coordination of policy and programs related to drug and substance abuse.

1. 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.
2. The office of drug policy shall:
   1. 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;
   2. 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;
   3. Provide input and comment on community, tribal and federal plans, agreements and policies relating to illegal drug and substance abuse; and
   4. Coordinate public and private entities to develop, create and promote statewide campaigns to reduce or eliminate substance abuse.

§ 67-822. [Reserved.]

1. 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.
2. The STEM action center advisory board shall consist of the following nine (9) members:
   1. The director of the department of commerce, or his designee;
   2. The director of the department of labor, or his designee;
   3. One (1) member of the state board of education;
   4. The superintendent of public instruction, or her designee; and
   5. 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.
3. 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.
4. 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.
5. The duties of the STEM action center shall include:
   1. Coordinate all state departments and divisions on STEM-related activities;
   2. 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;
   3. Align public education STEM activities with higher education STEM activities;
   4. Identify and coordinate best practices among public education and higher education;
   5. 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;
   6. Support high-quality professional development focused on career readiness and talent development and provide other assistance for educators and students;
   7. 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:
      1. Further STEM education;
      2. Ensure that best practices are implemented; and
      3. Integrate research and document results of that research; and
   8. 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.
6. 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.
7. As funding allows, the administrator of the STEM action center shall:
   1. Support high-quality professional development for educators regarding STEM education;
   2. Ensure that the STEM action center acts as a research and development center for tools and best practice in STEM education coordination and development;
   3. Review and acquire STEM education-related instructional materials and products for:
      1. Educator high-quality professional development;
      2. Assessment, data collection, analysis and reporting; and
      3. Public school instruction; and
   4. Facilitate participation in interscholastic STEM-related competitions, fairs, expositions, camps and STEM education student programs;
   5. Engage private industry in the development and maintenance of the STEM action center and STEM action center projects;
   6. Use resources to bring the latest STEM content, 21st century skills and hands-on STEM education resources into public education classroom schools;
   7. 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;
   8. Identify best practices being used outside the state and, as appropriate, develop and implement selected practices through pilot programs;
   9. As appropriate, join and participate in a national STEM network and collaborate with neighboring states in STEM program development;
   10. Identify performance changes linked to use of the best practices;
   11. 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;
   12. Support targeted high-quality professional development for improved instruction in K-12 STEM education, including:
       1. Improved instructional materials and resources that are dynamic and engaging for students;
       2. Targeted instruction for students who traditionally avoid enrolling in STEM courses; (iii) Introduction of engaging engineering and other STEM programs;
       3. Use of applied instruction; and
       4. Introduction of other research-based methods that support student achievement in STEM areas; and
   13. Provide an Idaho best practices STEM resource database, including best practices from public education, higher education, informal STEM partners and other STEM-related entities.
8. 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:
   1. Public education high school graduation rates;
   2. The number of students taking STEM courses at an institution of public higher education;
   3. The number of students who graduate from an Idaho public school and begin a postsecondary education program; and
   4. The number of students, as compared to all similarly situated students, who are performing at grade level in STEM classes.
9. The STEM action center may:
   1. Enter into contracts for the purposes of this section; and
   2. Apply for, receive and disburse funds, contributions or grants from any source for the purposes set forth in this section.
10. 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:
    1. The house and senate education committees;
    2. The governor’s office;
    3. The joint finance-appropriations committee; and
    4. The state board of education.
11. The report described in subsection (10) of this section shall include information that demonstrates the effectiveness of the program, including:
    1. The number of educators receiving high-quality STEM professional development;
    2. 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;
    3. A report on the STEM action center’s fulfillment of its duties; and
    4. Student performance of students participating in a STEM action center program.

§ 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.

§ 67-825. STEM action center advisory board — Meetings — Honorarium and expenses — Organization.

1. 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.
2. Each member shall be compensated as provided in section 59-509(c), Idaho Code.
3. 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.

§ 67-826. Idaho roadless rule implementation commission.

1. There is hereby established in the office of the governor an Idaho roadless rule implementation commission, hereinafter referred to as the “commission.”
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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:
   1. Individuals who:
      1. Represent developed outdoor recreation, off-highway vehicle users or commercial recreation activities;
      2. Represent energy or mineral development interests;
      3. Represent the commercial timber industry; or
      4. Hold a federal grazing lease or other federal land use lease.
   2. Individuals who:
      1. Represent an environmental organization;
      2. Represent dispersed recreation activities;
      3. Represent archaeological and historical interests; or
      4. Represent a nationally or regionally recognized wildlife or sportsmen’s interest group.
   3. Individuals who:
      1. Participated in the development of the Idaho roadless rule or were members of the roadless area conservation national advisory committee;
      2. Hold state, county, or local elected office; (iii) Represent an American Indian tribe within the state of Idaho; or
      3. Represent the public at large.
      4. 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;
      5. To coordinate the acquisition and installation of all telecommunications equipment and facilities for the legislative and judicial branches;
      6. Provided however, that the acquisition and installation of all public safety and microwave equipment shall be under the control of the military division.
8. 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.
9. 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.
10. 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.

§ 67-827. Coordination of policy and programs — Information technology services and cybersecurity.

1. There is hereby established in the office of the governor the “Office of Information Technology Services.”
2. 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.

§ 67-827A. Powers and duties.

The office of information technology services is hereby authorized and directed:

1. 1. (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;
   2. 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.
2. 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.
3. 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.
4. 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.
5. To oversee implementation of cybersecurity policies to foster risk and cybersecurity management telecommunications and decision-making with both internal and external organizational stakeholders.
6. To coordinate and consult with state agencies and officials regarding information security needs.
7. 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.
8. 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.
9. 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.
10. 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.

§ 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.

§ 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.

§ 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.

§ 67-831. Definitions.

As used in this chapter:

1. “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.
2. “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.
3. “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.

§ 67-832. Idaho technology authority — Composition — Appointment and term of office — Reimbursement — Contracting for necessary services.

1. 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.
2. 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.
3. The authority may contract for professional services or assistance when necessary or desirable to carry out its powers and duties.

§ 67-833. General powers and duties of the authority.

The authority shall:

1. Review and evaluate the information technology and telecommunications systems presently in use by state agencies;
2. Prepare statewide short-range and long-range information technology and telecommunications systems plans to meet the needs of state agencies;
3. 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;
4. Recommend and coordinate the use and application of state agencies’ information technology and telecommunications resources;
5. 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;
6. Review state agencies’ compliance with statewide information technology and telecommunications systems plans;
7. Recommend cost-efficient procedures for state agencies’ acquisition and procurement of information technology and telecommunications systems;
8. Upon request, provide technical expertise to state government and any other governmental entity;
9. Maintain a continuous and comprehensive inventory of information technology and telecommunications systems within state agencies;
10. 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;
11. On an annual basis, publish a report of the activities of the authority for the governor and the legislature;
12. Recommend the enactment or promulgation of any statutes or rules necessary to carry out the statewide information technology and telecommunications systems plans;
13. Enter into contracts for professional services and assistance not otherwise available in state government;
14. Encourage and promote cooperative information technology efforts and activities between the state, local government, private enterprise and the public;
15. Encourage and support education and training opportunities relating to information technology and telecommunications; and
16. 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.

§ 67-834. Definitions.

As used in sections 67-835, 67-836 and 67-837, Idaho Code:

1. “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.
2. “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.
3. “Metadata” means a description of the quality, currency, attributes, methods and other salient aspects of geographic and tabular information.
4. “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.

§ 67-835. Integrated property records system — Transfer of responsibility.

The office of information technology services shall:

1. Take possession and control of the state’s integrated property records system previously created pursuant to section 58-330, Idaho Code;
2. Manage the state’s integrated property records system;
3. 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
4. Lead the planning and deployment of multiagency enterprise use of the integrated property records system.

§ 67-836. Agencies to provide records and data.

1. 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.
2. 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.
3. 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.

§ 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.

§ 67-901. Custody of records.

The secretary of state is charged with the custody:

1. Of all acts and resolutions passed by the legislature.
2. Of the journals of the legislature.
3. Of the great seal.
4. Of all books, records, deeds, parchments, maps and papers, kept or deposited in his office pursuant to law.
5. Of all executive orders issued by the governor pursuant to the provisions of section 67-802, Idaho Code.

§ 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.

§ 67-903. Duties of secretary of state.

1. 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.
2. 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.
3. To record in proper books all conveyances made to the state, and all articles of incorporation of domestic corporations filed in his office.
4. To receive and record in proper books the official bonds of all the officers whose bonds are required to be filed with him.
5. To take and file in his office receipts for all books distributed by him.
6. 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.
7. 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.
8. To designate each act of the legislature which has become a law by its appropriate chapter number.
9. 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.

§ 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.

§ 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.

§ 67-906. Electronic filing system — Requirements — Rules.

1. 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:
   1. The secretary of state shall establish a central database for all records and documents filed electronically with the secretary of state;
   2. 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;
   3. The secretary of state may adopt rules that:
      1. Provide procedures for entering data;
      2. 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;
      3. Require standardized information for entry into the system;
      4. Prescribe an identification procedure for a person filing records or other documents or otherwise accessing the system; and
      5. 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.
   4. 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.
2. 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.

§ 67-907. Books distributed to officers

Property of state. [Repealed.]

Repealed by S.L. 2015, ch. 329, § 1, effective July 1, 2015.

§ 67-908. Expenses of distribution

Audit and payment. [Repealed.]

Repealed by S.L. 2015, ch. 329, § 1, 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.

§ 67-910. Fees of secretary of state.

1. The secretary of state, for services performed in his office, shall charge and collect the following fees:
   1. For a copy of any law, resolution, record or other document or paper on file in his office, twenty-five cents (25¢) per page.
   2. For affixing certificate and seal of the state, ten dollars ($10.00).
   3. 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).
   4. For searching legislative journals for records of enacted and reenacted laws, and certifying to the same, ten dollars ($10.00).
   5. 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).
   6. For any other certificate required of the secretary of state, the fee for which is not hereinbefore prescribed, ten dollars ($10.00).
   7. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

§ 67-911. Fee for filing articles of nonprofit corporations. [Repealed.]

§ 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.

§ 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.

§ 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.

§ 67-915. Idaho Blue Book.

1. 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.
2. 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.

§ 67-916. Democracy fund.

1. 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:
   1. Establishing and maintaining accurate lists of eligible voters;
   2. Encouraging eligible voters to vote;
   3. Improving verification and identification of voters at the polling place;
   4. Improving equipment and methods for casting and counting votes;
   5. Recruiting and training election officials and poll workers;
   6. Improving the quantity and quality of available polling places;
   7. Educating voters about their rights and responsibilities;
   8. Assuring access for voters with physical disabilities;
   9. Carrying out other activities to improve the administration of elections in the state.
2. 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.
3. All interest earned on the investment of idle moneys in the fund by the state treasurer shall be returned to the fund.
4. 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).

§ 67-1001. Duties of controller.

It is the duty of the state controller:

1. To superintend the fiscal concerns of the state, with its accounting, informational, payroll, and related data processing services.
2. 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.
3. 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.
4. To suggest plans and provide internal control standards for the improvement and management of the public revenues, assets, expenditures and liabilities.
5. To keep and state all accounts in which the state is interested.
6. 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.
7. 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.
8. 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.
9. To examine and settle the accounts of all persons indebted to the state.
10. 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.
11. To require all persons who have received any moneys belonging to the state and have not accounted therefor to settle their accounts.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.

§ 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.

1. “Certification” means a written or electronic assertion that a statement or report is true or as represented.
2. “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.
3. “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.
4. “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.
5. “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.
6. “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.
7. “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.
8. “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.
9. “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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.]

§ 67-1021. Authority to install accounting and reporting system for state.

1. 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.
2. 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.
3. 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.

§ 67-1021A. Business information infrastructure project.

1. 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.
2. 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.

§ 67-1021B. Business information infrastructure governance.

1. 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.
2. 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.

§ 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.

§ 67-1022. Warrants, how drawn — Lost warrants.

1. All warrants must be drawn in the order prescribed by the state controller.
2. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-1032. [Amended and Redesignated.]

§ 67-1033. Annual report to governor

Contents. [Repealed.]

§ 67-1034. [Amended and Redesignated.]

§ 67-1035. [Amended and Redesignated.]

§ 67-1036. Administration of accounting system. [Repealed.]

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-1057 — 67-1080. [Reserved.]

1. 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.
2. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-1105, 67-1106. Report of receipts, disbursements — Construction of months January, December. [Repealed.]

§ 67-1201. Duties of treasurer.

It is the duty of the treasurer:

1. To receive and keep all moneys belonging to the state not required to be received and kept by some other person. The treasurer may:

1. a. Name additional or multiple custodians for such moneys.
2. 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.

§ 67-1202. Funds of state board of land commissioners.

1. 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.
2. 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.
3. 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.

§ 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.

§ 67-1203A. Board — Appointment of members — Term — Removal — Vacancies — Organization — Quorum — Meetings — Compensation.

1. 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.
2. 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.

§ 67-1203B. Recommendation of the types and kinds of investments.

1. 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.
2. 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.
3. 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.

§ 67-1204. Money to be kept in office — Penalty.

1. 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.
2. 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.

§ 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.

§ 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.

§ 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.

§ 67-1208. Apportionment of forest reserve funds. [Repealed.]

§ 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.

§ 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:

1. 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.
2. 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.
3. General obligation or revenue bonds of any county, city, metropolitan water district, municipal utility district, school district or other taxing district of this state.
4. 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.
5. 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.
6. Repurchase agreements covered by any legal investment for the state of Idaho.
7. Tax anticipation notes and registered warrants of the state of Idaho.
8. Tax anticipation bonds or notes and income and revenue anticipation bonds or notes of taxing districts of the state of Idaho.
9. 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.
10. 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.
11. Revenue bonds of institutions of higher education of the state of Idaho.
12. 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.
13. 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.

§ 67-1210A. Additional allowable investments by the state treasurer.

1. 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.
2. 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.

§ 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.

§ 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.

§ 67-1212. Unpaid warrants — Interest — Record.

1. 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.
2. In lieu of registering warrants as provided in subsection (1) of this section, the state treasurer shall have authority to:
   1. 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:
      1. 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;
      2. Interest, if applicable, shall be paid on any transfer, where required by law, under this provision;
      3. The treasurer shall maintain an annual report of all such inter-fund transfers.
   2. Issue tax anticipation notes as provided by chapter 32, title 63, or section 57-1112, Idaho Code.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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:

1. The proceeds of any bond or note sale for which such fiscal agent is appointed, or
2. 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.

§ 67-1222. Reports to be filed

Bond issues. [Repealed.]

Repealed by S.L. 2010, ch. 58, § 1, effective July 1, 2010.

§ 67-1223. Idaho commemorative silver medallions issued by the state treasurer.

1. 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.
2. 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.
3. 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.
4. 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.
   1. 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.
   2. 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.
   3. 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).
   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.
   5. 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.
5. 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.

§ 67-1224. Idaho credit rating enhancement committee — Membership — Compensation — Quorum — Meetings — Personnel.

1. 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.
2. 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.
3. 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.
4. 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.
5. A majority of the members of the committee constitutes a quorum for the transaction of business.
6. 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.
7. The office of the state treasurer shall provide the committee with office space and clerical and other administrative support.

§ 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.

§ 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.

§ 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.

§ 67-1228. Treasurer’s administrative fund.

1. There is hereby created in the state treasury the treasurer’s administrative fund to which shall be credited:
   1. 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
   2. All other moneys as may be provided by law.
2. 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.
3. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-1401. Duties of attorney general.

Except as otherwise provided in this chapter, it is the duty of the attorney general:

1. 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.
2. To advise all departments, agencies, offices, officers, boards, commissions, institutions and other state entities in all matters involving questions of law.
3. 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.
4. To account for and pay over to the proper officer all moneys received which belong to the state.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.

§ 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.

§ 67-1403. Legal services for state to be furnished by attorney general. [Vetoed.]

§ 67-1404. [Reserved.]

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

§ 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:

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

§ 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.

§ 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.

§ 67-1409. Contracts for legal services.

1. 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.
2. 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.

§ 67-1410. Internet crimes against children unit.

1. 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.
2. 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.
3. The ICAC shall be under the exclusive control of the attorney general.
4. 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.
5. 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.
   1. The designation of an ICAC task force agent is not an act of employment by the office of the attorney general.
   2. 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.
6. 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.
7. 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.
8. The attorney general shall have the authority to adopt rules necessary to implement the duties and responsibilities assigned to the ICAC under this section.

§ 67-1411. Internet crimes against children fund.

1. There is hereby created in the state treasury the internet crimes against children fund.
2. The fund shall consist of:
   1. Funds as may be appropriated by the legislature; and
   2. Grants, donations and moneys from other sources.
3. 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.
4. 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.

§ 67-1412. Definitions.

As used in sections 67-1412 through 67-1416, Idaho Code, the following definitions apply:

1. “Attorney general” means the Idaho office of the attorney general.
2. “Core components” means those elements of a 24/7 program that analysis demonstrates are most likely to account for positive program outcomes.
3. “Immediate sanction” means sanctions that are applied within minutes of a noncompliant test event.
4. “Jurisdiction” means the county or municipality that chooses to participate in a 24/7 program.
5. “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.
6. “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:
   1. 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
   2. Require the individual to be subject to testing for alcohol and/or dangerous drugs:
      1. At least twice a day at a central location where immediate sanctions can be applied;
      2. 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
      3. By an alternate method with concurrence of the attorney general and consistent with section 67-1413, Idaho Code.
7. “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.
8. “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.

§ 67-1413. Sobriety and drug monitoring program created.

1. There is hereby created within the office of the attorney general the sobriety and drug monitoring program.
2. 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.
3. 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.
4. 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.
5. 1. 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.
   2. 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.

§ 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:

1. Provide the nature and manner of testing and the procedures and apparatus to be used for testing;
2. 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;
3. 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;
4. 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
5. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-1505. Printing of supplies and laws. [Repealed.]

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-1601. Statement of findings and purpose.

1. The legislature and governor of the state of Idaho find that:
   1. 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.
   2. 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.
   3. 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.
   4. 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.
2. It is declared that the purposes of this chapter are:
   1. To establish a statute to comprehensively govern all aspects of the use, control, security, operation, and maintenance of the capitol building and its grounds.
   2. To ensure that the historical character and architectural integrity of the capitol building and its grounds be preserved and promoted.
   3. 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.

§ 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:

1. 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.
2. 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.
3. 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.

§ 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.

§ 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.

§ 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.

§ 67-1606. Idaho state capitol commission — Creation and appointment of members.

1. 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.
2. 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.
3. 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.

§ 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.

§ 67-1608. Powers and duties of the commission.

The commission shall have the following powers and duties:

1. 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:
   1. 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.
   2. 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].
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

§ 67-1609. Architect of the capitol building. [Repealed.]

Repealed by S.L. 2011, ch. 12, § 3, effective July 1, 2011.

§ 67-1610. Capitol permanent endowment fund.

1. 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.
2. 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.

§ 67-1610A. Capitol maintenance reserve fund.

1. There is hereby created a permanent fund within the state treasury to be known as the capitol maintenance reserve fund.
2. 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.
3. 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.
4. 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.

§ 67-1611. Capitol commission operating fund.

1. 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:
   1. Transfers approved by the capitol commission from the capitol maintenance reserve fund for the operation, activities and projects of the capitol commission;
   2. All interests earned on the capitol commission operating fund; and
   3. All other proceeds either public or private approved by the legislature for the purposes of this act.
2. 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.

§ 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.

§ 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.

§ 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.

§ 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.]

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-1801. Idaho millennium permanent endowment fund.

1. 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.
2. 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.
3. 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 67-1808. Powers and duties of the committee.

The committee shall have the following powers and duties:

1. To meet not less than two (2) times each year;
2. To establish rules for governance and operation of committee proceedings;
3. To request applications for funding from the Idaho millennium income fund;
4. To meet to hear testimony and to consider applications for funding from the Idaho millennium income fund;
5. To evaluate the actual and potential success of programs funded with moneys from the Idaho millennium income fund; and
6. To present recommendations annually to the legislature for the use of the moneys in the Idaho millennium income fund.

§ 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.

§ 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:

1. Improve state agency accountability to state citizens and lawmakers;
2. Increase the ability of the legislature to assess and oversee agency performance;
3. Assist lawmakers with policy and budget decisions; and
4. Increase the ability of state agencies to improve agency management and service delivery and assess program effectiveness.

§ 67-1902. Definitions.

For purposes of sections 67-1901 through 67-1905, Idaho Code:

1. “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.
2. “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.
3. “Core function” means a group of related activities serving a common end of meeting the main responsibilities of the agency.
4. “Goal” means a planning element that describes the broad condition, state or outcome an agency or program is trying to achieve.
5. “Major division” means an organizational group within the agency that focuses on meeting one (1) or more of the agency’s primary statutory responsibilities.
6. “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.
7. “Performance measure” means a quantifiable indicator of an agency’s progress toward achieving its goals.

§ 67-1903. Strategic planning.

1. 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:
   1. A comprehensive outcome-based vision or mission statement covering major divisions and core functions of the agency;
   2. Goals for the major divisions and core functions of the agency;
   3. Objectives and/or tasks that indicate how the goals are to be achieved;
   4. 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;
   5. 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
   6. 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.
2. 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.
3. The strategic plan shall serve as the foundation for developing the annual performance information required by section 67-1904, Idaho Code.
4. 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.
5. Strategic plans are public records and are available to the public as provided in section 74-102, Idaho Code.
6. 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.

§ 67-1904. Performance measurement.

1. 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:
   1. 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.
   2. Part II shall contain:
      1. 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.
      2. 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.
      3. 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.
      4. Explanations, where needed, which provide context important for understanding the measures and the results, and any other qualitative information useful for understanding agency performance.
      5. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.

§ 67-1905. Training.

Strategic planning and performance measurement training shall be held for both state agencies and lawmakers as follows:

1. 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.
2. 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.

§ 67-1906 — 67-1909. State planning board. [Repealed.]

§ 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.

§ 67-1911. Financial management technical development committee. [Repealed.]

Repealed by S.L. 2019, ch. 19, § 1, effective July 1, 2019.

§ 67-1912. Community affairs functions and responsibilities of division. [Repealed.]

§ 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.

§ 67-1914. Purpose of act. [Repealed.]

§ 67-1915. Duties, responsibilities and authority.

The division of financial management shall have the following duties, responsibilities, and authority:

1. To study and recommend to the governor methods of interdepartmental cooperation and consolidation within the executive branch of government;
2. To study and recommend to the governor methods for improving efficiency of interdepartmental functions;
3. To provide technical assistance to state agencies when requested;
4. To serve as a clearinghouse for information, data and material which may be helpful in determining needed legislation;
5. To have the power to petition for and receive monies such as grants or gifts;
6. To work to harmonize the planning activities of state agencies so that comprehensive statewide programs are consistent and to eliminate duplication where possible; and
7. 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.

§ 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:

1. 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.
2. To assist in the coordination of federal programs administered by more than one (1) state agency.
3. To report, as requested by the legislature or its committees, on the status or condition of federal assistance programs in the state.
4. To require that any state agency that participates in any federal assistance program shall make additional information available as necessary.

§ 67-1917. Reports by participating state agencies.

1. 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:
   1. Delineate the federal funds received for the preceding fiscal year;
   2. 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;
   3. Identify the date, if known, on which federal funds are set to expire;
   4. 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
   5. Calculate the percentage that constitutes federal funds to the total appropriation for the state agency for the fiscal year.
2. 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.
3. 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.

§ 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:

1. 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;
2. 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;
3. 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;
4. Study and recommend to the governor methods for improving efficiency of interdepartmental financial functions;
5. Perform such other duties and perform other studies assigned by the governor in the area of administration for the executive branch.

§ 67-1919 — 67-1989. [Reserved.]

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.