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H0660................................by JUDICIARY, RULES AND ADMINISTRATION
LAW ENFORCEMENT DEPARTMENT - Amends and repeals existing law to change the
name of the Department of Law Enforcement to the Idaho State Police.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 66-2-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Schaefer,
Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone,
Taylor, Tilman, Trail, Wheeler, Zimmermann, Mr Speaker
NAYS -- Sali, Wood
Absent and excused -- Black, Hansen(29)
Floor Sponsor - Hansen(23)
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/31 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Stegner, Stennett,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Darrington
Title apvd - to House
04/03 To enrol
04/04 Rpt enrol - Sp signed - Pres signed
04/05 To Governor
04/17 Governor signed
Session Law Chapter 469
Effective: 07/01/00
H0660
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 660
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF LAW ENFORCEMENT; AMENDING SECTION 67-2402, IDAHO
3 CODE, TO CHANGE THE NAME OF THE DEPARTMENT OF LAW ENFORCEMENT TO THE IDAHO
4 STATE POLICE; AMENDING SECTION 67-2406, IDAHO CODE, TO PROVIDE FOR A
5 DIRECTOR OF THE IDAHO STATE POLICE; AMENDING THE HEADING FOR CHAPTER 29,
6 TITLE 67, IDAHO CODE; AMENDING SECTION 67-2901, IDAHO CODE, TO CREATE THE
7 IDAHO STATE POLICE AND ENUMERATE POWERS AND DUTIES; AMENDING SECTION
8 67-2901A, IDAHO CODE, TO PROVIDE A NAME CHANGE; AMENDING SECTION 67-2901B,
9 IDAHO CODE, TO PROVIDE A NAME CHANGE; AMENDING SECTION 67-2902, IDAHO
10 CODE, TO PROVIDE A NAME CHANGE; REPEALING SECTION 67-2903, IDAHO CODE;
11 AMENDING SECTION 67-2904, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE
12 IDAHO STATE POLICE SHALL APPOINT AN ADMINISTRATOR OF THE IDAHO STATE
13 POLICE WHO SHALL SERVE AS DEPUTY DIRECTOR AND WHO SHALL SERVE AT THE
14 PLEASURE OF THE DIRECTOR; AMENDING SECTION 67-2905, IDAHO CODE, TO PROVIDE
15 FOR JURISDICTION OF THE IDAHO STATE POLICE AND ITS DEPUTIES; AMENDING SEC-
16 TION 67-2908, IDAHO CODE, TO DELETE REFERENCE TO THE STATE POLICE DIVISION
17 AND TO PROVIDE FOR EXPENSES TO BE PAID FROM THE LAW ENFORCEMENT FUND;
18 AMENDING SECTION 67-2913, IDAHO CODE, TO PROVIDE FOR MONEYS IN THE SEARCH
19 AND RESCUE ACCOUNT TO BE PERPETUALLY APPROPRIATED TO THE IDAHO STATE
20 POLICE; AMENDING SECTION 67-2914, IDAHO CODE, TO ESTABLISH THE IDAHO LAW
21 ENFORCEMENT FUND; AMENDING SECTION 67-2915, IDAHO CODE, TO PROVIDE THAT
22 THE DIRECTOR OF THE IDAHO STATE POLICE SHALL SUBMIT REPORTS REGARDING
23 MALICIOUS HARASSMENT CRIMES; AMENDING SECTION 67-2916, IDAHO CODE, TO
24 REVISE THE DEFINITION OF "DIRECTOR"; AMENDING SECTION 6-610A, IDAHO CODE,
25 TO PROVIDE FOR DEFENSE OF AN EMPLOYEE OF THE IDAHO STATE POLICE; AMENDING
26 SECTION 7-805, IDAHO CODE, TO PROVIDE FOR NOTICE OF A NAME CHANGE TO THE
27 IDAHO STATE POLICE; AMENDING SECTION 9-335, IDAHO CODE, TO REVISE THE DEF-
28 INITION OF "LAW ENFORCEMENT AGENCY"; AMENDING SECTION 9-340B, IDAHO CODE,
29 TO PROVIDE EXEMPTION FROM DISCLOSURE OF CERTAIN RECORDS OF THE IDAHO STATE
30 POLICE; AMENDING SECTION 9-340C, IDAHO CODE, TO PROVIDE FOR EXEMPTION FROM
31 DISCLOSURE OF CERTAIN RECORDS OF THE IDAHO STATE POLICE AND TO MAKE A
32 TECHNICAL CORRECTION; AMENDING SECTION 18-915, IDAHO CODE, TO PROVIDE FOR
33 A CRIME COMMITTED UPON AN OFFICER OF THE IDAHO STATE POLICE; AMENDING SEC-
34 TION 18-3302, IDAHO CODE, TO PROVIDE DUTIES OF THE IDAHO STATE POLICE
35 REGARDING LICENSES TO CARRYING CONCEALED WEAPONS; AMENDING SECTION
36 18-4508, IDAHO CODE, TO FURTHER DEFINE THE TERM "LAW ENFORCEMENT AGENCY"
37 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18-4509, IDAHO CODE,
38 TO PROVIDE DUTIES OF THE IDAHO STATE POLICE REGARDING MISSING CHILD
39 REPORTS; AMENDING SECTION 18-4511, IDAHO CODE, TO PROVIDE FOR NOTIFICATION
40 BY THE IDAHO STATE POLICE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
41 TION 18-4512, IDAHO CODE, TO PROVIDE DUTIES OF THE IDAHO STATE POLICE
42 REGARDING A MISSING PERSONS CLEARINGHOUSE; AMENDING SECTION 18-8002A,
43 IDAHO CODE, TO REVISE THE DEFINITION OF "EVIDENTIARY TESTING," TO PROVIDE
44 FOR RULEMAKING BY THE IDAHO STATE POLICE AND TO MAKE A TECHNICAL CORREC-
45 TION; AMENDING SECTION 18-8004, IDAHO CODE, TO PROVIDE FOR OPERATION OF
46 OR APPROVAL OF LABORATORIES BY THE IDAHO STATE POLICE; AMENDING SECTION
2
1 18-8102, IDAHO CODE, TO FURTHER DEFINE THE TERM "PEACE OFFICER" AND TO
2 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 18-8303, IDAHO CODE, TO FUR-
3 THER DEFINE THE TERMS "CENTRAL REGISTRY" AND "DEPARTMENT"; AMENDING SEC-
4 TION 18-8315, IDAHO CODE, TO PROVIDE FOR PUBLIC RECORDS REQUESTS TO THE
5 IDAHO STATE POLICE; AMENDING SECTION 18-8404, IDAHO CODE, TO PROVIDE THAT
6 THE IDAHO STATE POLICE SHALL MAINTAIN THE JUVENILE SEX OFFENDER REGISTRY;
7 AMENDING SECTION 18-8405, IDAHO CODE, TO PROVIDE FOR NOTIFICATION ON A
8 FORM PROVIDED BY THE IDAHO STATE POLICE; AMENDING SECTION 18-8406, IDAHO
9 CODE, TO PROVIDE FOR A FORM BY THE IDAHO STATE POLICE; AMENDING SECTION
10 18-8408, IDAHO CODE, TO PROVIDE FOR A LIST TO THE SUPERINTENDENT OF PUBLIC
11 INSTRUCTION; AMENDING SECTION 19-5102, IDAHO CODE, TO PROVIDE FOR THE
12 PEACE OFFICERS STANDARDS AND TRAINING COUNCIL TO BE ESTABLISHED IN THE
13 IDAHO STATE POLICE; AMENDING SECTION 19-5109, IDAHO CODE, TO REQUIRE CER-
14 TIFICATION OF PERSONS ACTING UNDER A SPECIAL DEPUTY COMMISSION FROM THE
15 IDAHO STATE POLICE AND TO PROVIDE REFERENCE TO DEPUTY DIRECTOR; AMENDING
16 SECTION 19-5113, IDAHO CODE, TO AUTHORIZE THE DIRECTOR OF THE IDAHO STATE
17 POLICE OR HIS AUTHORIZED REPRESENTATIVE TO ADMINISTER OATHS, TAKE DEPOSI-
18 TIONS OR ISSUE SUBPOENAS; AMENDING SECTION 19-5114, IDAHO CODE, TO PROVIDE
19 FOR A REPORT BY THE IDAHO STATE POLICE; AMENDING SECTION 19-5116, IDAHO
20 CODE, TO PROVIDE FOR THE ESTABLISHMENT OF THE PEACE OFFICERS STANDARDS
21 AND TRAINING FUND, TO AUTHORIZE TRAINING OF PEACE OFFICERS FROM THE IDAHO
22 STATE POLICE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 19-5202,
23 IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE IDAHO STATE POLICE SHALL
24 ESTABLISH A TELETYPEWRITER COMMUNICATIONS NETWORK, TO PROVIDE THE
25 TELETYPEWRITER COMMUNICATIONS NETWORK FUND AND TO MAKE A GRAMMATICAL COR-
26 RECTION; AMENDING SECTION 19-5203, IDAHO CODE, TO PROVIDE FOR A
27 TELETYPEWRITER COMMUNICATIONS BOARD WITHIN THE IDAHO STATE POLICE AND TO
28 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 19-5204, IDAHO CODE, TO PRO-
29 VIDE THAT THE DIRECTOR OF THE IDAHO STATE POLICE SHALL BE THE EXECUTIVE
30 OFFICER OF THE TELETYPEWRITER COMMUNICATIONS NETWORK BOARD; AMENDING SEC-
31 TION 19-5402, IDAHO CODE, TO REVISE THE DEFINITION OF "DEPARTMENT"; AMEND-
32 ING SECTION 19-5502, IDAHO CODE, TO REVISE DEFINITIONS OF "DIRECTOR" AND
33 "FORENSIC LABORATORY"; AMENDING SECTION 19-5503, IDAHO CODE, TO PROVIDE
34 THAT THE IDAHO STATE POLICE SHALL BE RESPONSIBLE FOR THE POLICY MANAGEMENT
35 AND ADMINISTRATION OF THE STATE'S DATABASE AND DATABANK IDENTIFICATION
36 PROGRAM; AMENDING SECTION 19-5504, IDAHO CODE, TO PROVIDE FOR RULES BY THE
37 IDAHO STATE POLICE; AMENDING SECTION 19-5506, IDAHO CODE, TO PROVIDE THAT
38 A PERSON CONVICTED OF OR WHO PLEADS GUILTY TO CERTAIN CRIMES SHALL PROVIDE
39 A DNA SAMPLE AND RIGHT THUMBPRINT IMPRESSION TO THE IDAHO STATE POLICE;
40 AMENDING SECTION 19-5507, IDAHO CODE, TO PROVIDE FOR DUTIES OF THE IDAHO
41 STATE POLICE; AMENDING SECTION 19-5510, IDAHO CODE, TO PROVIDE FOR DUTIES
42 OF THE IDAHO STATE POLICE; AMENDING SECTION 19-5511, IDAHO CODE, TO PRO-
43 VIDE FOR A FORM PRESCRIBED BY THE IDAHO STATE POLICE; AMENDING SECTION
44 19-5513, IDAHO CODE, TO PROVIDE DUTIES OF THE IDAHO STATE POLICE FOR
45 EXPUNGEMENT OF INFORMATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING
46 SECTION 19-5514, IDAHO CODE, TO PROVIDE FOR LIMITATIONS OF DISCLOSURE OF
47 INFORMATION BY THE IDAHO STATE POLICE AND TO PROVIDE A CORRECT CODE REFER-
48 ENCE; AMENDING SECTION 20-516, IDAHO CODE, TO PROVIDE FOR FORWARDING OF
49 PHOTOGRAPHS AND FINGERPRINTS OF JUVENILES TAKEN INTO DETENTION TO THE
50 IDAHO STATE POLICE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
51 21-112A, IDAHO CODE, TO PROVIDE FOR LABORATORIES OR METHODS OPERATED BY OR
52 APPROVED BY THE IDAHO STATE POLICE AND TO MAKE TECHNICAL CORRECTIONS;
53 AMENDING SECTION 23-603, IDAHO CODE, TO PROVIDE FOR NOTIFICATION BY A
54 COURT TO THE DIRECTOR OF THE IDAHO STATE POLICE; AMENDING SECTION 23-608,
55 IDAHO CODE, TO PROVIDE FOR THE COURT TO TRANSMIT CERTAIN INFORMATION TO
3
1 THE IDAHO STATE POLICE; AMENDING SECTION 23-804, IDAHO CODE, TO PROVIDE
2 DUTIES OF THE IDAHO STATE POLICE AND OFFICERS THEREOF AND TO MAKE TECHNI-
3 CAL CORRECTIONS; AMENDING SECTION 23-805, IDAHO CODE, TO PROVIDE THAT THE
4 PROSECUTING ATTORNEYS, SHERIFFS AND OTHER OFFICERS SHALL COOPERATE WITH
5 THE IDAHO STATE POLICE AND TO PROVIDE DUTIES OF COURTS TO SEND CERTAIN
6 INFORMATION TO THE DIRECTOR OF THE IDAHO STATE POLICE; AMENDING SECTION
7 23-807, IDAHO CODE, TO PROVIDE DUTIES OF THE DIRECTOR AND EMPLOYEES OF THE
8 IDAHO STATE POLICE; AMENDING SECTION 23-901, IDAHO CODE, TO PROVIDE THAT
9 THE DIRECTOR OF THE IDAHO STATE POLICE IS AUTHORIZED TO GRANT LICENSES TO
10 QUALIFIED PERSONS TO SELL LIQUOR AND TO MAKE TECHNICAL CORRECTIONS; AMEND-
11 ING SECTION 23-902, IDAHO CODE, TO REVISE THE DEFINITION OF "DIRECTOR";
12 AMENDING SECTION 23-903, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE
13 IDAHO STATE POLICE IS EMPOWERED TO ISSUE LIQUOR BY THE DRINK LICENSES AND
14 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 23-934C, IDAHO CODE, TO
15 PROVIDE A NAME CHANGE; AMENDING SECTION 23-950, IDAHO CODE, AS ADDED BY
16 SECTION 1, CHAPTER 56, LAWS OF 1981, TO REDESIGNATE THE SECTION AND TO
17 PROVIDE DUTIES OF THE IDAHO STATE POLICE; AMENDING SECTION 23-1001, IDAHO
18 CODE, TO REVISE THE DEFINITION OF "DIRECTOR"; AMENDING SECTION 23-1007A,
19 IDAHO CODE, TO PROVIDE FOR APPLICATION TO THE DIRECTOR OF THE IDAHO STATE
20 POLICE; AMENDING SECTION 23-1009, IDAHO CODE, TO PROVIDE FOR APPLICATIONS
21 FOR RETAILER'S LICENSES TO BE MADE TO THE DIRECTOR OF THE IDAHO STATE
22 POLICE; AMENDING SECTION 23-1011, IDAHO CODE, TO PROVIDE FOR APPLICATIONS
23 FOR RETAIL BEER LICENSES TO BE MADE TO THE IDAHO STATE POLICE; AMENDING
24 SECTION 23-1018, IDAHO CODE, TO PROVIDE FOR DUTIES OF THE DIRECTOR OF THE
25 IDAHO STATE POLICE; AMENDING SECTION 23-1106, IDAHO CODE, TO PROVIDE FOR
26 NOTIFICATION TO THE DIRECTOR OF THE IDAHO STATE POLICE; AMENDING SECTION
27 23-1303, IDAHO CODE, TO REVISE THE DEFINITION OF "DIRECTOR" AND TO MAKE A
28 TECHNICAL CORRECTION; AMENDING SECTION 23-1407, IDAHO CODE, TO PROVIDE A
29 NAME CHANGE AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 23-1408,
30 IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE STATE POLICE SHALL PROMUL-
31 GATE RULES; AMENDING SECTION 25-1102, IDAHO CODE, TO PROVIDE THAT THE
32 BRAND BOARD SHALL BE IN THE IDAHO STATE POLICE AND TO MAKE TECHNICAL COR-
33 RECTIONS; AMENDING SECTION 25-1105, IDAHO CODE, TO PROVIDE THAT THE DIREC-
34 TOR OF THE IDAHO STATE POLICE IS AN EX OFFICIO BRAND INSPECTOR; AMENDING
35 SECTION 25-1106, IDAHO CODE, TO PROVIDE THAT THE STATE BRAND INSPECTOR AND
36 HIS DEPUTIES SHALL HAVE ALL THE AUTHORITY AND POWERS OF PEACE OFFICERS
37 VESTED IN THE DIRECTOR OF THE IDAHO STATE POLICE WITH GENERAL JURISDICTION
38 THROUGHOUT THE STATE; AMENDING SECTION 31-2202, IDAHO CODE, TO PROVIDE FOR
39 THE SHERIFF TO SUBMIT CERTAIN REPORTS TO AND COOPERATE WITH THE DIRECTOR
40 OF THE IDAHO STATE POLICE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
41 TION 31-2227, IDAHO CODE, TO PROVIDE FOR DUTIES OF THE IDAHO STATE POLICE;
42 AMENDING SECTION 33-130, IDAHO CODE, TO PROVIDE DUTIES OF THE IDAHO STATE
43 POLICE REGARDING CRIMINAL HISTORY CHECKS AND TO MAKE A TECHNICAL CORREC-
44 TION; AMENDING SECTION 33-1508, IDAHO CODE, TO PROVIDE FOR RULES BY THE
45 IDAHO STATE POLICE REGARDING OPERATION OF SCHOOL BUSES AND TO MAKE TECHNI-
46 CAL CORRECTIONS; AMENDING SECTION 33-1511, IDAHO CODE, TO PROVIDE FOR
47 REPORTS TO BE FILED WITH THE IDAHO STATE POLICE AND TO MAKE TECHNICAL COR-
48 RECTIONS; AMENDING SECTION 33-4701, IDAHO CODE, TO PROVIDE FOR THE YOUTH
49 EDUCATION FUND, TO PROVIDE THAT THE IDAHO STATE POLICE MAY CONTRIBUTE
50 FUNDS AND SEEK GRANTS TO THE YOUTH EDUCATION FUND AND TO MAKE A TECHNICAL
51 CORRECTION; AMENDING SECTION 37-2701, IDAHO CODE, TO REVISE THE DEFINITION
52 OF "DIRECTOR" AND "PEACE OFFICER" AND TO MAKE TECHNICAL CORRECTIONS;
53 AMENDING SECTION 37-2716, IDAHO CODE, TO PROVIDE FOR A COPY OF REGISTRA-
54 TIONS TO BE TRANSMITTED TO THE DIRECTOR OF THE IDAHO STATE POLICE; AMEND-
55 ING SECTION 37-2732, IDAHO CODE, TO PROVIDE THAT THE IDAHO STATE POLICE
4
1 MAY RECEIVE RESTITUTION FOR CERTAIN COSTS, TO PROVIDE FOR DISTRIBUTION OF
2 THOSE MONEYS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 37-2740,
3 IDAHO CODE, TO PROVIDE DUTIES OF THE DIRECTOR OF THE STATE POLICE REGARD-
4 ING CONTROLLED SUBSTANCES; AMENDING SECTION 37-2743, IDAHO CODE, TO PRO-
5 VIDE DUTIES OF THE DIRECTOR OF THE STATE POLICE; AMENDING SECTION 37-2744,
6 IDAHO CODE, TO PROVIDE FOR DESTRUCTION OF PROPERTY UNDER THE SUPERVISION
7 OF THE IDAHO STATE POLICE AND TO PROVIDE DUTIES OF THE DIRECTOR OF THE
8 IDAHO STATE POLICE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
9 37-2744B, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE IDAHO STATE
10 POLICE IS AUTHORIZED TO RECEIVE AND DISPOSE OF REAL AND PERSONAL PROPERTY
11 THAT HAS BEEN SEIZED BY A FEDERAL DRUG ENFORCEMENT AGENCY AND TO MAKE A
12 TECHNICAL CORRECTION; AMENDING SECTION 37-2803, IDAHO CODE, TO PROVIDE FOR
13 A COPY OF INVENTORY TO BE SENT TO THE DIRECTOR OF THE IDAHO STATE POLICE;
14 AMENDING SECTION 37-2807, IDAHO CODE, TO PROVIDE FOR MONEYS TO BE REMITTED
15 TO THE DIRECTOR OF THE IDAHO STATE POLICE AND TO MAKE TECHNICAL CORREC-
16 TIONS; AMENDING SECTION 37-2808, IDAHO CODE, TO PROVIDE A NAME CHANGE AND
17 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 37-3105, IDAHO CODE, TO
18 PROVIDE FOR REPORTS TO BE SENT TO THE DIRECTOR OF THE IDAHO STATE POLICE;
19 AMENDING SECTION 39-3026, IDAHO CODE, TO PROVIDE AUTHORITY OF THE IDAHO
20 STATE POLICE; AMENDING SECTION 39-3372, IDAHO CODE, TO PROVIDE FOR A BACK-
21 GROUND CHECK AND FINGERPRINTING WITH THE IDAHO STATE POLICE; AMENDING SEC-
22 TION 39-3562, IDAHO CODE, TO PROVIDE FOR FINGERPRINTING AND A BACKGROUND
23 CHECK WITH THE IDAHO STATE POLICE; AMENDING SECTION 39-4410, IDAHO CODE,
24 TO PROVIDE FOR NOTIFICATION TO THE IDAHO STATE POLICE; AMENDING SECTION
25 39-5814, IDAHO CODE, TO PROVIDE FOR NOTIFICATION TO THE IDAHO STATE
26 POLICE; AMENDING SECTION 39-6316, IDAHO CODE, TO PROVIDE FOR A WRITTEN
27 NOTICE BY THE IDAHO STATE POLICE AND TO MAKE A TECHNICAL CORRECTION;
28 AMENDING SECTION 39-7105, IDAHO CODE, TO PROVIDE DUTIES FOR THE IDAHO
29 STATE POLICE; AMENDING SECTION 39-7408D, IDAHO CODE, TO PROVIDE FOR NOTI-
30 FICATION TO THE DIRECTOR OF THE IDAHO STATE POLICE; AMENDING SECTION
31 40-510, IDAHO CODE, TO PROVIDE THE DIRECTOR OF THE IDAHO STATE POLICE TO
32 AUTHORIZE A PORT OF ENTRY EMPLOYEE TO CARRY A FIREARM; AMENDING SECTION
33 41-291, IDAHO CODE, TO REVISE THE DEFINITION OF "AUTHORIZED AGENCIES";
34 AMENDING SECTION 41-298, IDAHO CODE, TO PROVIDE JURISDICTION OF THE DIREC-
35 TOR OF THE IDAHO STATE POLICE; AMENDING SECTION 46-1019, IDAHO CODE, TO
36 PROVIDE THAT THE DIRECTOR OF THE IDAHO STATE POLICE SHALL BE ON THE EMER-
37 GENCY RESPONSE COMMISSION AND TO MAKE A TECHNICAL CORRECTION; AMENDING
38 SECTION 49-102, IDAHO CODE, TO REVISE THE DEFINITION OF "APPROVED TESTING
39 AGENCY" AND "AUTHORIZED OFFICER"; AMENDING SECTION 49-104, IDAHO CODE, TO
40 REVISE THE DEFINITION OF "CERTIFICATION OF SAFETY COMPLIANCE"; AMENDING
41 SECTION 49-105, IDAHO CODE, TO REVISE THE DEFINITION OF "DEPARTMENT" AND
42 "DIRECTOR"; AMENDING SECTION 49-123, IDAHO CODE, TO PROVIDE THAT THE
43 DIRECTOR OF THE IDAHO STATE POLICE MAY DESIGNATE OTHER EMERGENCY VEHICLES;
44 AMENDING SECTION 49-201, IDAHO CODE, TO PROVIDE CERTAIN RESPONSIBILITIES
45 FOR THE DIRECTOR OF THE IDAHO STATE POLICE; AMENDING SECTION 49-202, IDAHO
46 CODE, TO PROVIDE FOR FEES TO BE REMITTED TO THE IDAHO STATE POLICE AND TO
47 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 49-218, IDAHO CODE, TO PRO-
48 VIDE THAT THE DIRECTOR OF THE STATE POLICE SHALL DESIGNATE ANY PARTICULAR
49 VEHICLE AS AN AUTHORIZED EMERGENCY VEHICLE UPON CERTAIN FINDINGS AND TO
50 PROVIDE PENALTIES; AMENDING SECTION 49-235, IDAHO CODE, TO PROVIDE DUTIES
51 OF THE IDAHO STATE POLICE AND TO MAKE A TECHNICAL CORRECTION; AMENDING
52 SECTION 49-509, IDAHO CODE, TO PROVIDE FOR THE FURNISHING OF INFORMATION
53 TO THE IDAHO STATE POLICE REGARDING STOLEN VEHICLES AND TO PROVIDE FOR
54 REPORTS; AMENDING SECTION 49-901, IDAHO CODE, TO PROVIDE FOR DUTIES OF THE
55 DIRECTOR OF THE IDAHO STATE POLICE AND TO MAKE TECHNICAL CORRECTIONS;
5
1 AMENDING SECTION 49-910A, IDAHO CODE, TO PROVIDE FOR DESIGNATION OF EMER-
2 GENCY VEHICLES BY THE DIRECTOR OF THE STATE POLICE; AMENDING SECTION
3 49-944, IDAHO CODE, TO PROVIDE DUTIES OF THE IDAHO STATE POLICE AND TO
4 PROVIDE FOR RULES; AMENDING SECTION 49-1314, IDAHO CODE, TO PROVIDE DUTIES
5 FOR THE DIRECTOR OF THE IDAHO STATE POLICE AND TO MAKE A TECHNICAL CORREC-
6 TION; AMENDING SECTION 49-1814, IDAHO CODE, TO PROVIDE THAT A MEMBER OF
7 THE IDAHO STATE POLICE MAY MAKE APPRAISALS; AMENDING SECTION 49-2205,
8 IDAHO CODE, TO PROVIDE FOR THE HAZARDOUS MATERIALS/HAZARDOUS WASTE TRANS-
9 PORTATION ENFORCEMENT FUND, TO PROVIDE REFERENCE TO THE IDAHO STATE POLICE
10 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 49-2426, IDAHO CODE,
11 TO PROVIDE FOR MOTOR VEHICLES UNDER THE CUSTODY AND CONTROL OF THE DIREC-
12 TOR OF THE IDAHO STATE POLICE; AMENDING SECTION 54-521, IDAHO CODE, TO
13 DELETE REFERENCE TO THE COMMISSIONER OF LAW ENFORCEMENT APPOINTING THE
14 BOARD OF BARBER EXAMINERS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SEC-
15 TION 54-1503, IDAHO CODE, TO DELETE REFERENCE TO THE BOARD OF OPTOMETRY
16 BEING APPOINTED BY A COMMISSIONER OF LAW ENFORCEMENT; AMENDING SECTION
17 54-1805, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE IDAHO STATE
18 POLICE SHALL BE A MEMBER OF THE BOARD OF MEDICINE; REPEALING SECTION
19 54-2048, IDAHO CODE; AMENDING SECTION 54-2503, IDAHO CODE, TO PROVIDE THAT
20 THE RACING COMMISSION IS CREATED WITHIN THE IDAHO STATE POLICE; AMENDING
21 SECTION 56-227C, IDAHO CODE, TO PROVIDE THAT THE DIRECTOR OF THE IDAHO
22 STATE POLICE SHALL HAVE SUBPOENA POWER; AMENDING SECTION 59-904, IDAHO
23 CODE, TO PROVIDE THAT THE DIRECTOR OF THE IDAHO STATE POLICE SHALL BE
24 APPOINTED BY THE GOVERNOR; AMENDING SECTION 59-1303, IDAHO CODE, TO PRO-
25 VIDE A REVISED DEFINITION OF "POLICE OFFICER STATUS" FOR STATE POLICE PER-
26 SONNEL AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 63-2552A, IDAHO
27 CODE, TO PROVIDE FOR MONEYS TO BE REMITTED TO THE IDAHO STATE POLICE AND
28 TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-1405, IDAHO CODE, TO
29 PROVIDE FOR REPORTS TO THE ATTORNEY GENERAL FROM THE IDAHO STATE POLICE
30 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-1605, IDAHO CODE,
31 TO PROVIDE THAT RESPONSIBILITY FOR LAW ENFORCEMENT AT THE CAPITOL BUILDING
32 IS VESTED IN THE DIRECTOR OF THE IDAHO STATE POLICE; AMENDING SECTION
33 67-2337, IDAHO CODE, TO PROVIDE FOR COMMISSIONING OF POLICE OFFICERS BY
34 THE DIRECTOR OF THE IDAHO STATE POLICE; AMENDING SECTION 67-3001, IDAHO
35 CODE, TO REVISE DEFINITIONS; AMENDING SECTION 67-4237, IDAHO CODE, TO PRO-
36 VIDE DUTIES OF THE IDAHO STATE POLICE; AMENDING SECTION 67-7034, IDAHO
37 CODE, TO PROVIDE FOR LABORATORIES OPERATED BY THE IDAHO STATE POLICE OR
38 CERTIFIED OR APPROVED BY THEM; AMENDING SECTION 67-7036, IDAHO CODE, TO
39 PROVIDE DUTIES OF THE DIRECTOR OF THE IDAHO STATE POLICE; AMENDING SECTION
40 67-7133, IDAHO CODE, TO PROVIDE FOR ENFORCEMENT BY THE IDAHO STATE POLICE;
41 AND AMENDING SECTION 67-7410, IDAHO CODE, TO PROVIDE A REFERENCE TO THE
42 IDAHO STATE POLICE AND TO MAKE A TECHNICAL CORRECTION.
43 Be It Enacted by the Legislature of the State of Idaho:
44 SECTION 1. That Section 67-2402, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 67-2402. STRUCTURE OF THE EXECUTIVE BRANCH OF IDAHO STATE GOVERNMENT. (1)
47 Pursuant to section 20, article IV, Idaho constitution, all executive and
48 administrative offices, agencies, and instrumentalities of the executive
49 department of state, except for those assigned to the elected constitutional
50 officers, are allocated among and within the following departments:
51 Department of administration
52 Department of agriculture
6
1 Department of commerce
2 Department of correction
3 Department of labor
4 Department of finance
5 Department of fish and game
6 Department of health and welfare
7 Department of insurance
8 Department of juvenile corrections
9 Idaho transportation department
10 Industrial commission
11 Department of lands
12 Department of law enforcement Idaho state police
13 Department of parks and recreation
14 Department of revenue and taxation
15 Department of self-governing agencies
16 Department of water resources
17 State board of education
18 The public school districts of Idaho, having condemnation authority, shall
19 be considered civil departments of state government for the purpose of and
20 limited to the purchase of state endowment land at appraised prices.
21 (2) The governor, lieutenant governor, secretary of state, state control-
22 ler, state treasurer, attorney general and superintendent of public instruc-
23 tion each heads a constitutional office.
24 (3) For its internal structure, unless specifically provided otherwise,
25 each department shall adhere to the following standard terms:
26 (a) The principal unit of a department is a division. Each division shall
27 be headed by an administrator. The administrator of any division shall be
28 exempt from the provisions of chapter 53, title 67, Idaho Code.
29 (b) The principal unit of a division is a bureau. Each bureau shall be
30 headed by a chief.
31 (c) The principal unit of a bureau is a section. Each section shall be
32 headed by a supervisor.
33 SECTION 2. That Section 67-2406, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 67-2406. DIRECTORS OF DEPARTMENTS ENUMERATED. The following department
36 directors are created:
37 Director, department of administration
38 Director, department of agriculture
39 Director, department of commerce
40 Director, department of correction
41 Director, department of labor
42 Director, department of finance
43 Director, department of fish and game
44 Director, department of health and welfare
45 Director, department of insurance
46 Director, department of juvenile corrections
47 Director, Idaho transportation department
48 Director, department of lands
49 Director, department of law enforcement Idaho state police
50 Director, department of parks and recreation
51 Director, department of water resources.
52 SECTION 3. That the Heading for Chapter 29, Title 67, be, and the same is
7
1 hereby amended to read as follows:
2 CHAPTER 29
3 DEPARTMENT OF LAW ENFORCEMENT
4 IDAHO STATE POLICE
5 SECTION 4. That Section 67-2901, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 67-2901. DEPARTMENT IDAHO STATE POLICE CREATED -- DIRECTOR -- DIVISIONS
8 -- POWERS AND DUTIES -- FAILURE OF PEACE OFFICERS TO OBEY ORDERS, MISDEMEANOR
9 -- DEPUTIES -- COMPENSATION AND POWERS. (1) There is hereby created the
10 department of law enforcement Idaho state police. The department Idaho state
11 police shall, for the purposes of section 20, article IV, of the constitution
12 of the state of Idaho, be an executive department of the state government.
13 (2) The governor, with the advice and consent of the senate, shall
14 appoint a director of the department of law enforcement Idaho state police who
15 shall serve at the pleasure of the governor. The director shall receive such
16 salary as fixed by the governor.
17 (3) The department of law enforcement Idaho state police shall be com-
18 posed of such divisions as may be established by law and other administrative
19 units as may be established by the director for the proper and efficient
20 administration of the powers and duties assigned to the director or the
21 department state police. The director shall appoint, subject to the approval
22 of the governor, an administrator for each division within the department
23 state police.
24 (4) The director shall exercise all of the powers and duties necessary to
25 carry out the proper administration of the department state police, and may
26 delegate duties to employees and officers of the department state police.
27 (5) The department of law enforcement Idaho state police shall have power
28 to:
29 (a) Eenforce all of the penal and regulatory laws of the state, to pre-
30 serve order, and exercise any and all powers, duties and authority of any
31 sheriff or other peace officer anywhere in the state of Idaho, in the same
32 manner and with like authority as the sheriffs of the counties; said
33 department may employ from time to time, to carry out any of the provi-
34 sions of this subdivision, such deputies or special deputies as may be
35 deemed, by the governor of the state of Idaho, necessary to carry out
36 these duties and powers, and deputies shall have power to deputize other
37 persons as deputies when necessary; said department may call into the
38 police service of the state any and all peace officers of the state, of
39 any city, or of any county, and may deputize private citizens, when deemed
40 necessary by the governor of the state, to preserve order and enforce law
41 in any extraordinary emergency when the governor shall have declared, by
42 order in writing, the existence of such extraordinary emergency; the gov-
43 ernor shall designate by order such peace officers or private persons as
44 are to be called into the service of the state, and when such peace offi-
45 cers or deputized citizens are so called into the police service of the
46 state such officers shall act under the direction of the director of said
47 department the state police in such manner as may be directed and ordered
48 by the governor; failure on the part of any such peace officer of the
49 state, or person so deputized, to so act and obey such orders shall con-
50 stitute a misdemeanor; the governor shall fix the compensation of such
51 deputies. The jurisdiction of the director of the department of law
52 enforcement and his deputies, both regular and special, and all peace
53 officers or other persons called into the police service of the state by
8
1 him or his deputies, shall be coextensive with the territory of the state
2 of Idaho and not limited by the lines of any political or municipal subdi-
3 visions.
4 (b) Prevent and detect crime and apprehend criminals and maintain order;
5 (c) Require all persons using the highways in the state to do so care-
6 fully, safely, and with the exercise of care for the persons, property and
7 safety of others;
8 (d) Safeguard and protect the surface and other physical portions of the
9 state highways and enforce any laws for highway safety;
10 (e) Enforce federal statutes and regulations relating to motor carrier
11 safety and hazardous materials for interstate carriers;
12 (f) Enforce Idaho statutes and rules of the Idaho state police applicable
13 to motor carriers;
14 (g) Enforce all of the laws of the state enacted for the identification,
15 inspection and transportation of livestock and all laws of the state
16 designed to prevent the theft of livestock;
17 (h) Regulate traffic on all highways and roads in the state;
18 (i) Perform all of the duties and exercise all of the powers of peace
19 officers vested in the director of the Idaho state police;
20 (j) Execute and serve any warrant of arrest or search warrant issued by
21 proper authority of the state, according to the tenor thereof, in any part
22 of the state;
23 (k) Arrest without warrant, any person committing or attempting to commit
24 in their presence or view a breach of the peace or any other violation of
25 any of the laws of the state;
26 (l) Members of the Idaho state police shall be subject to the call of the
27 governor and are empowered to cooperate with any other department or
28 authority of the state, with counties and municipalities, or any locality
29 in detecting crime, apprehending criminals and preserving law and order
30 throughout the state; but the Idaho state police shall not be used as a
31 posse in any municipality, except when ordered by the governor to do so;
32 provided nothing herein contained shall be construed to vest direction or
33 control over any sheriff, policeman, marshal or constable in the Idaho
34 state police or any employer or officer thereof;
35 (m) Each member of the Idaho state police shall take and subscribe to an
36 oath of office to support the constitution and laws of the United States
37 and the state of Idaho, and to honestly and faithfully perform the duties
38 imposed upon him under the provisions of the laws of Idaho as a member of
39 the Idaho state police. The oath shall be filed with the director.
40 (6) The director shall operate and supervise a forensic laboratory which
41 will provide to state and local agencies having responsibility for enforcement
42 of the penal laws of this state assistance in the collection, preservation and
43 analysis of evidence in criminal cases.
44 (7) The director shall provide security and protection for the governor
45 and the governor's immediate family to the extent and in the manner the gover-
46 nor and the director deem adequate and appropriate.
47 (8) The director shall provide security and protection for both houses of
48 the legislature while in session as in the opinion of the speaker of the house
49 and the president of the senate and the director deem necessary.
50 (9) The director may award to an officer, upon retirement, that officer's
51 badge, duty weapon and handcuffs, providing that a committee of three (3) of
52 the officer's peers certifies to the director that the retiring officer has
53 served meritoriously for a minimum of fifteen (15) years and should therefore
54 be so honored.
55 (10) The director, within the limits of any appropriation made available
9
1 for such purposes, shall for such Idaho state police: division:
2 (a) Establish such ranks, grades and positions as shall appear advisable
3 and designate the authority and responsibility in each such rank, grade
4 and position;
5 (b) Appoint such personnel to such rank, grade and position as are deemed
6 by him to be necessary for the efficient operation and administration of
7 the Idaho state police, division, and only those applicants shall be
8 appointed or promoted who best meet the prescribed standards and prerequi-
9 sites; provided however, that all employees shall be selected in the man-
10 ner provided for in chapter 53, title 67, Idaho Code, and shall be proba-
11 tioners and on probation for a period of one (1) year from the date of
12 appointment;
13 (c) Formulate and place in effect such rules for the Idaho state police
14 division as from time to time appear to him advisable;
15 (d) Prescribe by official order the uniform and equipment of the employ-
16 ees in the Idaho state police; division;
17 (e) Station employees in such localities as he shall deem advisable for
18 the enforcement of the laws of the state;
19 (f) Have purchased, or otherwise acquired, by the purchasing agent of the
20 state, motor vehicle equipment and all other equipment and commodities
21 deemed by him essential for the efficient performance of the duties of the
22 Idaho state police division and purchase and install approved mechanical
23 devices and equipment for the rapid transmission and broadcasting of
24 information relative to crime, apprehension of criminals and the adminis-
25 tration of the business of the Idaho state police. division.
26 (11) (a) The director shall issue to every eligible police officer member
27 of the Idaho department of law enforcement state police, as defined in
28 section 59-1303(3), Idaho Code, and pursuant to the contract provided for
29 by the personnel group insurance administrator in the department of admin-
30 istration, a term group life insurance certificate in the face amount of
31 fifty thousand dollars ($50,000) on the life of such members. Said insur-
32 ance certificate shall set forth the name or names of such beneficiary or
33 beneficiaries as the insured may name or designate.
34 (b) Any eligible person entering the employ of the department of law
35 enforcement Idaho state police as an active police officer after the
36 effective date of this act shall be insured as other members of said
37 department the state police immediately upon taking the oath of office.
38 (c) Every member of the department of law enforcement Idaho state police,
39 upon termination of active duty or permanent release, may surrender said
40 certificate to the head of the department state police, or, at the
41 person's option, may convert the insurance in accordance with the provi-
42 sions of the contract, and no further premiums shall be paid on said pol-
43 icy by the state of Idaho.
44 (d) The director is hereby directed to hereafter include in the budget of
45 the Idaho state police division, the police services division, and the
46 alcoholic beverage control division of the department of law enforcement
47 an amount sufficient to pay the annual costs accruing with respect to pol-
48 icies of insurance purchased under the provisions of this chapter.
49 (e) The premiums on the insurance herein provided for are to be paid one-
50 half (1/2) by the employee and one-half (1/2) by the state. The director
51 is hereby authorized to make a monthly deduction on the payroll of the
52 amount due from each employee under this chapter.
53 (12) Nothing in this section shall affect the duties of the sheriff as
54 described in section 31-2202, Idaho Code, or the primary duty, described in
55 section 31-2227, Idaho Code, of the sheriff and prosecuting attorney of each
10
1 of the several counties to enforce all the penal provisions of any and all
2 statutes of this state.
3 SECTION 5. That Section 67-2901A, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 67-2901A. AUTHORITY TO CONDUCT SAFETY INSPECTIONS AND COMPLIANCE REVIEWS
6 OF MOTOR CARRIERS -- ADOPTION OF RULES -- PENALTY. (1) The director of the
7 department of law enforcement Idaho state police shall have responsibility for
8 ensuring that safety inspections and compliance reviews are conducted and that
9 motor carriers are inspected for compliance with federal motor carrier safety
10 and hazardous materials regulations and for compliance with applicable Idaho
11 laws and such rules as are adopted pursuant to this section.
12 (2) The director shall have the authority and is directed to promulgate
13 rules to provide for the safe operation of motor carriers and for the inspec-
14 tion of records, books, papers and documents relating to safety management
15 systems or programs and compliance with the federal safety fitness standard.
16 The director is further authorized to adopt temporary rules as necessary.
17 (3) Any person who violates or fails to comply with any rule promulgated
18 by the director under the provisions of this section is guilty of a misde-
19 meanor.
20 SECTION 6. That Section 67-2901B, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 67-2901B. INSPECTION OF MOTOR CARRIERS -- EXEMPTIONS -- CERTIFICATION OF
23 REPAIR -- COMPLIANCE REVIEW -- PENALTIES. (1) All motor carriers, except those
24 exempted under the provisions of subsection (2) of this section, are subject
25 to compliance review and inspection by authorized department state police
26 employees for compliance with federal motor carrier safety and hazardous mate-
27 rials regulations and for compliance with applicable Idaho laws and rules pro-
28 mulgated by the director pursuant to the provisions of section 67-2901A, Idaho
29 Code. A motor carrier shall submit any vehicle to a safety inspection when
30 requested to do so by an authorized department state police employee. Such
31 inspections shall comply, to the extent possible, with national and industry
32 standards for truck inspections and truck safety as adopted by the commercial
33 vehicle safety alliance. A written inspection report shall be provided to the
34 owner, operator or agent of the vehicle following any inspection review pursu-
35 ant to this section.
36 (2) The following intrastate motor carriers shall be exempt from safety
37 inspections and compliance reviews:
38 (a) Motor vehicles employed solely in transporting school children and
39 teachers to or from school or to and from approved school activities, when
40 the motor vehicles are either:
41 (i) Wholly owned and operated by such school, or
42 (ii) Leased or contracted by such school and the motor vehicle is not
43 used in the furtherance of any other commercial enterprise; or
44 (b) Taxicabs or other motor vehicles performing a licensed or franchised
45 taxicab service, having a seating capacity of not more than seven (7) pas-
46 sengers within twenty-five (25) miles of the boundaries of the licensing
47 or franchising jurisdiction; or
48 (c) Motor vehicles owned or operated by or on behalf of hotels and used
49 exclusively for the transportation of hotel patrons between hotels and
50 local railroads or airports or other common carrier stations; or
51 (d) Motor vehicles controlled and operated by any farmer when used in the
11
1 transportation of his farm equipment or in the transportation of supplies
2 to his farm; or
3 (e) Motor vehicles used exclusively in the distribution of newspapers; or
4 (f) Transportation of persons or property by motor vehicle at an airport
5 when incidental to transportation by aircraft or other transportation in
6 substitution for scheduled airline service when the carrier cannot provide
7 the scheduled service because of weather and/or mechanical conditions and
8 the transportation is arranged for and paid by the affected airlines; or
9 (g) Transportation of persons and/or property, including mobile and modu-
10 lar houses manufactured with wheels and undercarriage as part of the sub-
11 structure, but not transportation of other houses, buildings or structures
12 within a municipality or territory contiguous to such municipality if such
13 operation outside such municipality be a part of a service maintained
14 within the limits of the municipality with the privilege of transfer of
15 passengers to vehicles within the municipality without additional fare; or
16 (h) The transportation of agricultural products including fresh fruits
17 and vegetables, livestock, livestock feed or manure; or
18 (i) Motor propelled vehicles for the sole purpose of carrying United
19 States mail or property belonging to the United States; or
20 (j) Motor carriers transporting products of the forest; or
21 (k) Motor carriers transporting products of the mine including sand,
22 gravel and aggregates thereof, except petroleum products; or
23 (l) Motor carriers transporting household goods as defined by the federal
24 surface transportation board; or
25 (m) Vehicles properly equipped, designed and customarily used for the
26 transportation of disabled or abandoned vehicles by means of a crane,
27 hoist, tow bar, dolly or roll bed, which vehicle shall be known as a
28 "wrecker (tow truck)."
29 (3) A motor carrier which has received a written inspection report pre-
30 pared pursuant to subsection (1) of this section indicating that his vehicle
31 does not comply with applicable federal laws or regulations or Idaho laws or
32 rules, shall certify in writing to the director or his designee within fifteen
33 (15) days of his receipt of the inspection report that he has brought his
34 vehicle into compliance with said laws, regulations or rules. The director or
35 his designee may assess an administrative penalty to any person who does not
36 comply with the certification provisions of this section or who makes a false
37 certification. The penalty shall not exceed one hundred dollars ($100) for
38 failure to comply with an inspection report or for making a false certifica-
39 tion. If an assessment is contested, the director shall comply with the provi-
40 sions governing contested cases under the administrative procedure act, chap-
41 ter 52, title 67, Idaho Code.
42 (4) Any motor carrier subject to rules promulgated under the provisions
43 of section 67-2901A, Idaho Code, shall submit to a compliance review upon
44 request of the director or any officer designated by him, by providing for
45 inspection or copying at any reasonable time, the records, books, papers and
46 documents relating to the safety management systems or program of such motor
47 carrier.
48 (5) Any penalties collected pursuant to subsection (3) of this section
49 shall be deposited to the state highway account.
50 SECTION 7. That Section 67-2902, Idaho Code, be, and the same is hereby
51 amended to read as follows:
52 67-2902. DIRECTOR AND DEPUTIES -- POWERS OF POLICE OFFICERS. The director
53 of the department of law enforcement Idaho state police and persons deputized
12
1 by him as state policemen are peace officers authorized to exercise within any
2 county the same powers as the sheriff thereof.
3 SECTION 8. That Section 67-2903, Idaho Code, be, and the same is hereby
4 repealed.
5 SECTION 9. That Section 67-2904, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 67-2904. DIVISION ADMINISTRATOR -- APPOINTMENT, TERM, SALARY. The direc-
8 tor of the department of law enforcement Idaho state police shall appoint the
9 an administrator of the Idaho state police division who shall act as a deputy
10 director and serve at the pleasure of the director., and tThe salary of the
11 administrator deputy director shall be fixed for each term by the director
12 within the limits of any appropriation made therefor.
13 SECTION 10. That Section 67-2905, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 67-2905. POWERS AND DUTIES OF THE IDAHO STATE POLICE JURISDICTION. Mem-
16 bers of the Idaho state police shall have the power and it shall be their duty
17 to:
18 a. enforce all of the penal and regulatory laws of the state;
19 b. prevent and detect crime and apprehend criminals and maintain order;
20 c. require all persons using the highways in the state to do so care-
21 fully, safely, and with the exercise of care for the persons, property and
22 safety of others;
23 d. safeguard and protect the surface and other physical portions of the
24 state highways and enforce any laws for highway safety;
25 e. enforce federal statutes and regulations relating to motor carrier
26 safety and hazardous materials for interstate carriers;
27 f. enforce Idaho statutes and rules of the department of law enforcement
28 applicable to motor carriers;
29 g. enforce all of the laws of the state enacted for the identification,
30 inspection and transportation of livestock and all laws of the state designed
31 to prevent the theft of livestock;
32 h. regulate traffic on all highways and roads in the state;
33 i. perform all of the duties and exercise all of the powers of peace
34 officers vested in the director of the department of law enforcement;
35 j. execute and serve any warrant of arrest or search warrant issued by
36 proper authority of the state, according to the tenor thereof, in any part of
37 the state;
38 k. arrest without warrant, any person committing or attempting to commit
39 in their presence or view a breach of the peace or any other violation of any
40 of the laws of the state;
41 l. members of the Idaho state police shall be subject to the call of the
42 governor and are empowered to cooperate with any other department or authority
43 of the state, with counties and municipalities, or any locality in detecting
44 crime, apprehending criminals and preserving law and order throughout the
45 state; but the Idaho state police shall not be used as a posse in any munici-
46 pality, except when ordered by the governor to do so; provided nothing herein
47 contained shall be construed to vest direction or control over any sheriff,
48 policeman, marshal or constable in the Idaho state police or any employer or
49 officer thereof;
50 m. each member of the Idaho state police shall take and subscribe to an
13
1 oath of office to support the constitution and laws of the United States and
2 the state of Idaho, and to honestly and faithfully perform the duties imposed
3 upon him under the provisions of the laws of Idaho as a member of the Idaho
4 state police. The oath of the superintendent shall be filed with the secretary
5 of state, and the oaths of all other members with the superintendent The
6 jurisdiction of the director of the Idaho state police and his deputies, both
7 regular and special, and all peace officers or other persons called into the
8 police service of the state by him or his deputies shall be coextensive with
9 the territory of the state of Idaho and not limited by the lines of any polit-
10 ical or municipal subdivisions.
11 SECTION 11. That Section 67-2908, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 67-2908. SALARIES AND EXPENSES -- SOURCE OF PAYMENT. All salaries, costs
14 of equipment, and expenses of maintaining and operating the Idaho state police
15 division shall be paid from the law enforcement account fund and such other
16 funds as are or may hereafter be appropriated for the purpose of operating and
17 maintaining the Idaho state police. division.
18 SECTION 12. That Section 67-2913, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 67-2913. SEARCH AND RESCUE ACCOUNT. There is hereby created in the dedi-
21 cated fund the search and rescue account.
22 (1) Moneys in the account shall be maintained in two (2) subaccounts,
23 identified respectively as the "cost reimbursement subaccount" and the
24 "equipment purchase matching subaccount." Moneys in the cost reimbursement
25 subaccount are perpetually appropriated to and shall be used by the director
26 of the department of law enforcement Idaho state police for the purpose of
27 defraying costs of search and rescue missions conducted by the county
28 sheriff's office at a maximum of two thousand dollars ($2,000) per rescue mis-
29 sion, regardless of the number of counties or county search and rescue organi-
30 zations involved. Of the additional fine imposed pursuant to section 36-1405,
31 Idaho Code, fifty percent (50%) shall be deposited to the credit of the cost
32 reimbursement subaccount. In the event the balance in the cost reimbursement
33 subaccount exceeds fifty thousand dollars ($50,000), the amount in excess
34 shall be transferred to the equipment purchase matching subaccount.
35 (2) Fifty percent (50%) of the moneys received pursuant to the provisions
36 of section 36-1405, Idaho Code, and any amount in excess of fifty thousand
37 dollars ($50,000) in the cost reimbursement subaccount, shall be deposited in
38 the search and rescue account to the credit of the equipment purchase matching
39 subaccount, and are perpetually appropriated to the director of the department
40 of law enforcement Idaho state police for the purposes of the subaccount.
41 Moneys in the equipment purchase matching subaccount shall be used by the
42 director to match local funds for the purchase of equipment for use by local
43 search and rescue units, at a maximum amount of two thousand dollars ($2,000)
44 per unit in any single year. The cost sharing match in the equipment purchase
45 matching subaccount shall be thirty-five percent (35%) local funds to sixty-
46 five percent (65%) from the equipment purchase matching subaccount.
47 SECTION 13. That Section 67-2914, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 67-2914. IDAHO LAW ENFORCEMENT ACCOUNT FUND ESTABLISHED. For the purposes
14
1 of the department of law enforcement Idaho state police, there is established
2 in the dedicated fund state treasury of the state of Idaho the Idaho law
3 enforcement account fund, to which shall be deposited funds as provided by
4 law.
5 SECTION 14. That Section 67-2915, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 67-2915. STATISTICAL REPORT OF MALICIOUS HARASSMENT CRIMES. The director
8 of law enforcement the Idaho state police shall annually submit to the gover-
9 nor and the chairman of the judiciary and rules committee in the senate and
10 the chairman of the judiciary, rules and administration committee in the house
11 of representatives a report on malicious harassment crimes, as that crime is
12 defined in section 18-7902, Idaho Code. Report content shall be limited to
13 statistical data and shall be presented in conformance with the provisions of
14 section 9-335, Idaho Code.
15 All city, county and state law enforcement units shall be required to
16 report to the director all incidences of, complaints on, and arrests for mali-
17 cious harassment crimes within their respective jurisdictions. The director
18 shall develop a standard procedure and shall prescribe and provide a standard
19 form for complete and uniform reporting.
20 SECTION 15. That Section 67-2916, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 67-2916. REPORTS OF MURDERS. (1) As used in this section:
23 (a) "Director" means the director of the department of law enforcement of
24 the state of Idaho state police.
25 (b) "Murder" has the meaning provided in section 18-4003, Idaho Code.
26 (2) Any law enforcement agency within the state of Idaho having primary
27 responsibility for the investigation of the case shall provide information
28 relating to any suspected murder to the director within twenty-five (25) days
29 after its discovery. The law enforcement agency shall submit the information
30 on a form which shall be developed and provided by the director. The form
31 shall contain only information necessary to aid law enforcement personnel in
32 comparing murders and suspected murders and discovering those exhibiting simi-
33 lar characteristics. The director shall enter information submitted by an
34 investigating agency into a file maintained and controlled by the director and
35 shall compare such information to information on other murders or suspected
36 murders, for the purpose of discovering similarities in criminal methods and
37 suspect descriptions. The director shall advise the concerned investigating
38 agencies if the director finds murders exhibiting similar criminal methods or
39 suspect descriptions.
40 (3) When an investigating law enforcement agency terminates active inves-
41 tigation of a suspected murder due to an arrest having been made in the case,
42 death of the primary suspect, or whatever other reason, the investigating
43 agency shall so notify the director within thirty (30) days following such
44 termination. Notification shall include the reason for terminating active
45 investigation.
46 (4) All suspected murders coming under the jurisdiction of any law
47 enforcement agency in the state of Idaho occurring less than one (1) year
48 before the effective date of this section shall be reported to the director as
49 provided in this section within sixty-five (65) days after the effective date
50 of this section or thirty (30) days after the director provides forms for such
51 purpose, whichever is later.
15
1 SECTION 16. That Section 6-610A, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 6-610A. EMPLOYER FURNISHING DEFENSE FOR PUBLIC OFFICER IN CRIMINAL
4 ACTIONS -- REQUIREMENTS. (1) If a criminal action or proceeding is brought
5 against an employee who is a sheriff, constable, peace officer, commissioned
6 officer of the department of law enforcement Idaho state police, or any other
7 person charged with the duty of enforcement of the criminal laws of this
8 state, the employer of the employee charged in the criminal action shall reim-
9 burse the employee for reasonable expenses the employee incurred in providing
10 his defense in the criminal action if:
11 (a) The criminal action or proceeding is brought on account of an act or
12 omission which occurred in the course and scope of the employee's duties
13 as an employee of the employer; and
14 (b) The employee provides his own defense in the criminal action and the
15 employee is found not guilty of the criminal charges or the charges are
16 dropped.
17 (2) For the purposes of this section, employer shall mean the state of
18 Idaho or any office, department, agency, authority, commission, board or other
19 instrumentality thereof, and political subdivisions of the state of Idaho
20 including any city, county or municipal corporation.
21 SECTION 17. That Section 7-805, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 7-805. RESTRICTIONS ON NAME CHANGES FOR CONVICTED SEXUAL OFFENDERS --
24 NOTIFICATION OF NAME CHANGES OF CONVICTED SEXUAL OFFENDERS. (1) No person
25 shall apply for a change of name with the intent or purpose of avoiding regis-
26 tration as a convicted sexual offender pursuant to chapter 83, title 18, Idaho
27 Code. No name change shall be granted to any person if the name change would
28 have the effect of relieving the person of the duty to register as a convicted
29 sexual offender under chapter 83, title 18, Idaho Code, or under the provi-
30 sions of similar laws enacted by another state.
31 (2) The court granting a name change to any individual required to regis-
32 ter as a convicted sexual offender pursuant to the provisions of chapter 83,
33 title 18, Idaho Code, shall provide notice of the name change to the Idaho
34 department of law enforcement state police, central sexual offender registry.
35 This notice shall include the offender's name prior to change, new name,
36 social security number, date of birth and last known address.
37 SECTION 18. That Section 9-335, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 9-335. EXEMPTIONS FROM DISCLOSURE -- CONFIDENTIALITY. (1) Notwithstanding
40 any statute or rule of court to the contrary, nothing in this chapter nor
41 chapter 10, title 59, Idaho Code, shall be construed to require disclosure of
42 investigatory records compiled for law enforcement purposes by a law enforce-
43 ment agency, but such exemption from disclosure applies only to the extent
44 that the production of such records would:
45 (a) Interfere with enforcement proceedings;
46 (b) Deprive a person of a right to a fair trial or an impartial adjudica-
47 tion;
48 (c) Constitute an unwarranted invasion of personal privacy;
49 (d) Disclose the identity of a confidential source and, in the case of a
50 record compiled by a criminal law enforcement agency in the course of a
16
1 criminal investigation, confidential information furnished only by the
2 confidential source;
3 (e) Disclose investigative techniques and procedures; or
4 (f) Endanger the life or physical safety of law enforcement personnel.
5 (2) An inactive investigatory record shall be disclosed unless the dis-
6 closure would violate the provisions of subsection (1)(a) through (f) of this
7 section. Investigatory record as used herein means information with respect to
8 an identifiable person or group of persons compiled by a law enforcement
9 agency in the course of conducting an investigation of a specific act or omis-
10 sion and shall not include the following information:
11 (a) The time, date, location, and nature and description of a reported
12 crime, accident or incident;
13 (b) The name, sex, age, and address of a person arrested, except as
14 otherwise provided by law;
15 (c) The time, date, and location of the incident and of the arrest;
16 (d) The crime charged;
17 (e) Documents given or required by law to be given to the person
18 arrested;
19 (f) Informations and indictments except as otherwise provided by law; and
20 (g) Criminal history reports.
21 As used herein, the term "law enforcement agency" means the office of the
22 attorney general, the office of the state controller, the department of law
23 enforcement Idaho state police, the office of any prosecuting attorney, sher-
24 iff or municipal police department.
25 (3) Whenever it is made to appear by verified petition to the district
26 court of the county where the records or some part thereof are situated that
27 certain investigative records are being improperly withheld from a member of
28 the public, the court shall order the officer or person charged with withhold-
29 ing the records to disclose the investigative record or show cause why he
30 should not do so. The court shall decide the case after examining the record
31 in camera, papers filed by the parties, and such oral argument and additional
32 evidence as the court may allow.
33 If the court finds that the public official's decision to refuse disclo-
34 sure is not justified, he shall order the public officials to make the record
35 public. If the judge determines that the public official was justified in
36 refusing to make the record public, he shall return the item to the public
37 official without disclosing its content with an order supporting the decision
38 refusing disclosure. Any person who fails to obey the order of the court shall
39 be cited to show cause why he is not in contempt of court. The court may, in
40 its discretion, award costs and fees to the prevailing party.
41 SECTION 19. That Section 9-340B, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 9-340B. RECORDS EXEMPT FROM DISCLOSURE -- LAW ENFORCEMENT RECORDS, INVES-
44 TIGATORY RECORDS OF AGENCIES, WORKER'S COMPENSATION. The following records are
45 exempt from disclosure:
46 (1) Investigatory records of a law enforcement agency, as defined in sec-
47 tion 9-337(5), Idaho Code, under the conditions set forth in section 9-335,
48 Idaho Code.
49 (2) Juvenile records of a person maintained pursuant to chapter 5, title
50 20, Idaho Code, except that facts contained in such records shall be furnished
51 upon request in a manner determined by the court to persons and governmental
52 and private agencies and institutions conducting pertinent research studies or
53 having a legitimate interest in the protection, welfare and treatment of the
17
1 juvenile who is thirteen (13) years of age or younger. If the juvenile is
2 petitioned or charged with an offense which would be a criminal offense if
3 committed by an adult, the name, offense of which the juvenile was petitioned
4 or charged and disposition of the court shall be subject to disclosure as pro-
5 vided in section 20-525, Idaho Code. Additionally, facts contained in any
6 records of a juvenile maintained under chapter 5, title 20, Idaho Code, shall
7 be furnished upon request to any school district where the juvenile is
8 enrolled or is seeking enrollment.
9 (3) (a) Records of the department of correction or the commission of par-
10 dons and parole to the extent that disclosure thereof would interfere with
11 the secure and orderly conduct of their operations, or the rehabilitation
12 of any person in the custody of the department of correction or on parole,
13 or would substantially prejudice or prevent the carrying out of the func-
14 tions of the department of correction or the commission of pardons and
15 parole if the public interest in confidentiality clearly outweighs the
16 public interest in disclosure. Records exempt from disclosure shall
17 include, but not be limited to, those containing the names and addresses
18 of witnesses or victims or those containing information identifying vic-
19 tims or witnesses.
20 (b) Operation manuals of county jails. "Operation manuals" are those
21 internal documents of any county jail that define the procedures utilized
22 to maintain security within the jail.
23 (4) Voting records of the sexual offender classification board. In accor-
24 dance with section 18-8315, Idaho Code, the written record of the vote to
25 classify an offender as a violent sexual predator by each board member in each
26 case reviewed by that board member shall be exempt from disclosure to the pub-
27 lic and shall be made available upon request only to the governor, the chair-
28 man of the senate judiciary and rules committee, and the chairman of the house
29 of representatives judiciary, rules and administration committee, for all law-
30 ful purposes.
31 (5) Records of the sheriff or department of law enforcement Idaho state
32 police received or maintained pursuant to section 18-3302, Idaho Code, relat-
33 ing to an applicant or licensee.
34 (6) Records of investigations prepared by the department of health and
35 welfare pursuant to its statutory responsibilities dealing with the protection
36 of children, the rehabilitation of youth, adoptions and the commitment of men-
37 tally ill persons.
38 (7) Records including, but not limited to, investigative reports, result-
39 ing from investigations conducted into complaints of discrimination made to
40 the Idaho human rights commission unless the public interest in allowing
41 inspection and copying of such records outweighs the legitimate public or pri-
42 vate interest in maintaining confidentiality of such records. A person may
43 inspect and copy documents from an investigative file to which he or she is a
44 named party if such documents are not otherwise prohibited from disclosure by
45 federal law or regulation or state law. The confidentiality of this subsection
46 will no longer apply to any record used in any judicial proceeding brought by
47 a named party to the complaint or investigation, or by the Idaho human rights
48 commission, relating to the complaint of discrimination.
49 (8) Records containing information obtained by the manager of the Idaho
50 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or on
51 behalf of employers or employees contained in underwriting and claims for ben-
52 efits files.
53 (9) The worker's compensation records of the Idaho industrial commission
54 provided that the industrial commission shall make such records available:
55 (a) To the parties in any worker's compensation claim and to the indus-
18
1 trial special indemnity fund of the state of Idaho; or
2 (b) To employers and prospective employers subject to the provisions of
3 the Americans with disabilities act, 42 U.S.C. 12112, or other statutory
4 limitations, who certify that the information is being requested with
5 respect to a worker to whom the employer has extended an offer of employ-
6 ment and will be used in accordance with the provisions of the Americans
7 with disabilities act, 42 U.S.C. 12112, or other statutory limitations; or
8 (c) To employers and prospective employers not subject to the provisions
9 of the Americans with disabilities act, 42 U.S.C. 12112, or other statu-
10 tory limitations, provided the employer presents a written authorization
11 from the person to whom the records pertain; or
12 (d) To others who demonstrate that the public interest in allowing
13 inspection and copying of such records outweighs the public or private
14 interest in maintaining the confidentiality of such records, as determined
15 by a civil court of competent jurisdiction.
16 (10) Records of investigations compiled by the commission on aging involv-
17 ing vulnerable adults, as defined in section 18-1505, Idaho Code, alleged to
18 be abused, neglected or exploited.
19 (11) Criminal history records and fingerprints, as defined by section
20 67-3001, Idaho Code, and compiled by the department of law enforcement Idaho
21 state police. Such records shall be released only in accordance with chapter
22 30, title 67, Idaho Code.
23 SECTION 20. That Section 9-340C, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 9-340C. RECORDS EXEMPT FROM DISCLOSURE -- PERSONNEL RECORDS, PERSONAL
26 INFORMATION, HEALTH RECORDS, PROFESSIONAL DISCIPLINE. The following records
27 are exempt from disclosure:
28 (1) Except as provided in this subsection, all personnel records of a
29 current or former public official other than the public official's public ser-
30 vice or employment history, classification, pay grade and step, longevity,
31 gross salary and salary history, status, workplace and employing agency. All
32 other personnel information relating to a public employee or applicant includ-
33 ing, but not limited to, information regarding sex, race, marital status,
34 birth date, home address and telephone number, applications, testing and
35 scoring materials, grievances, correspondence and performance evaluations,
36 shall not be disclosed to the public without the employee's or applicant's
37 written consent. A public official or authorized representative may inspect
38 and copy his personnel records, except for material used to screen and test
39 for employment.
40 (2) Retired employees' and retired public officials' home addresses, home
41 telephone numbers and other financial and nonfinancial membership records;
42 active and inactive member financial and membership records and mortgage port-
43 folio loan documents maintained by the public employee retirement system.
44 Financial statements prepared by retirement system staff, funding agents and
45 custodians concerning the investment of assets of the public employee retire-
46 ment system of Idaho are not considered confidential under this chapter.
47 (3) Information and records submitted to the Idaho state lottery for the
48 performance of background investigations of employees, lottery retailers and
49 major procurement contractors; audit records of lottery retailers, vendors and
50 major procurement contractors submitted to or performed by the Idaho state
51 lottery; validation and security tests of the state lottery for lottery games;
52 business records and information submitted pursuant to sections 67-7412(8) and
53 (9) and 67-7421(8) and (9), Idaho Code, and such documents and information
19
1 obtained and held for the purposes of lottery security and investigative
2 action as determined by lottery rules unless the public interest in disclosure
3 substantially outweighs the private need for protection from public disclo-
4 sure.
5 (4) Records of a personal nature as follows:
6 (a) Records of personal debt filed with a public agency pursuant to law;
7 (b) Personal bank records compiled by a public depositor for the purpose
8 of public funds transactions conducted pursuant to law;
9 (c) Records of ownership of financial obligations and instruments of a
10 public agency, such as bonds, compiled by the public agency pursuant to
11 law;
12 (d) Records, with regard to the ownership of, or security interests in,
13 registered public obligations;
14 (e) Vital statistics records.
15 (5) Information in an income or other tax return measured by items of
16 income or sales, which is gathered by a public agency for the purpose of
17 administering the tax, except such information to the extent disclosed in a
18 written decision of the tax commission pursuant to a taxpayer protest of a
19 deficiency determination by the tax commission, under the provisions of sec-
20 tion 63-3045B, Idaho Code.
21 (6) Records of a personal nature related directly or indirectly to the
22 application for and provision of statutory services rendered to persons apply-
23 ing for public care for the elderly, indigent, or mentally or physically hand-
24 icapped, or participation in an environmental or a public health study, pro-
25 vided the provisions of this subsection making records exempt from disclosure
26 shall not apply to the extent that such records or information contained in
27 those records are necessary for a background check on an individual that is
28 required by federal law regulating the sale of firearms, guns or ammunition.
29 (7) Employment security information and unemployment insurance benefit
30 information, except that all interested parties may agree to waive the exemp-
31 tion.
32 (8) Any personal records, other than names, business addresses and busi-
33 ness phone numbers, such as parentage, race, religion, sex, height, weight,
34 tax identification and social security numbers, financial worth or medical
35 condition submitted to any public agency pursuant to a statutory requirement
36 for licensing, certification, permit or bonding.
37 (9) Unless otherwise provided by agency rule, information obtained as
38 part of an inquiry into a person's fitness to be granted or retain a license,
39 certificate, permit, privilege, commission or position, private association
40 peer review committee records authorized in title 54, Idaho Code. Any agency
41 which has records exempt from disclosure under the provisions of this subsec-
42 tion shall annually make available a statistical summary of the number and
43 types of matters considered and their disposition.
44 (10) The records, finding, determinations and decision of any prelitiga-
45 tion screening panel formed under chapters 10 and 23, title 6, Idaho Code.
46 (11) Board of professional discipline reprimands by informal admonition
47 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
48 (12) Records of the department of health and welfare or a public health
49 district that identify a person infected with a reportable disease.
50 (13) Records of hospital care, medical records, records of psychiatric
51 care or treatment and professional counseling records relating to an
52 individual's condition, diagnosis, care or treatment, provided the provisions
53 of this subsection making records exempt from disclosure shall not apply to
54 the extent that such records or information contained in those records are
55 necessary for a background check on an individual that is required by federal
20
1 law regulating the sale of firearms, guns or ammunition.
2 (14) Information collected pursuant to the directory of new hires act,
3 chapter 16, title 72, Idaho Code.
4 (15) Personal information contained in motor vehicle and driver records
5 that is exempt from disclosure under the provisions of chapter 2, title 49,
6 Idaho Code.
7 (16) Records of the financial status of prisoners pursuant to subsection
8 (2) of section 20-607, Idaho Code.
9 (17) Records of the department of law enforcement Idaho state police or
10 department of correction received or maintained pursuant to section 19-5514,
11 Idaho Code, relating to DNA databases and databanks.
12 (18) Records of the department of health and welfare relating to a survey,
13 resurvey or complaint investigation of a licensed nursing facility shall be
14 exempt from disclosure. Such records shall, however, be subject to disclosure
15 as public records on and after the fourteenth day following the date that
16 department of health and welfare representatives officially exit the facility
17 pursuant to federal regulations. Provided however, that for purposes of confi-
18 dentiality, no record shall be released under this section which specifically
19 identifies any nursing facility resident.
20 (189) Records and information contained in the registry of immunizations
21 against childhood diseases maintained in the department of health and welfare,
22 including information disseminated to others from the registry by the depart-
23 ment of health and welfare.
24 SECTION 21. That Section 18-915, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 18-915. ASSAULT OR BATTERY UPON CERTAIN PERSONNEL -- PUNISHMENT. Any per-
27 son who commits a crime provided for in this chapter against or upon a jus-
28 tice, judge, magistrate, prosecuting attorney, public defender, peace officer,
29 bailiff, marshal, sheriff, police officer, correctional officer, employee of
30 the department of correction, employees of the department of water resources
31 authorized to enforce the provisions of chapter 38, title 42, Idaho Code,
32 jailer, parole officer, officer of the Idaho state department of law enforce-
33 ment police, fireman, social caseworkers or social work specialists of the
34 department of health and welfare, employee of a state secure confinement
35 facility for juveniles, employee of a juvenile detention facility, a teacher
36 at a detention facility or a juvenile probation officer, emergency medical
37 technician certified by the department of health and welfare, emergency medi-
38 cal technician-ambulance certified by the department of health and welfare,
39 advanced emergency medical technician and EMT-paramedic certified by the state
40 board of medicine, United States marshal, or federally commissioned law
41 enforcement officer or their deputies or agents and the perpetrator knows or
42 has reason to know of the victim's status, the punishment shall be as follows:
43 (a) For committing battery with intent to commit a serious felony the
44 punishment shall be imprisonment in the state prison not to exceed twenty-five
45 (25) years.
46 (b) For committing any other crime in this chapter the punishment shall
47 be doubled that provided in the respective section.
48 (c) For committing a violation of the provisions of section 18-901 or
49 18-903, Idaho Code, against the person of a justice, judge or magistrate,
50 jailer or correctional officer or other staff of the department of correction,
51 or of an employee of a state secure confinement facility for juveniles, an
52 employee of a juvenile detention facility, a teacher at a detention facility
53 or a juvenile probation officer and the person committing the offense knows
21
1 or reasonably should know that such victim is a justice, judge or magistrate,
2 jailer or correctional officer, an employee of a state secure confinement
3 facility for juveniles, an employee of a juvenile detention facility, a
4 teacher at a detention facility or a juvenile probation officer engaged in the
5 performance of his duties, and the victim is engaged in the performance of his
6 duties, the offense shall be a felony punishable by imprisonment in the state
7 prison for a period of not more than five (5) years, and said sentence shall
8 be served consecutively to any sentence being currently served.
9 SECTION 22. That Section 18-3302, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-3302. ISSUANCE OF LICENSES TO CARRY CONCEALED WEAPONS. (1) The sheriff
12 of a county shall, within ninety (90) days after the filing of an application
13 by any person who is not disqualified from possessing or receiving a firearm
14 under state or federal law, issue a license to the person to carry a weapon
15 concealed on his person within this state for four (4) years from the date of
16 issue. The citizen's constitutional right to bear arms shall not be denied to
17 him, unless he:
18 (a) Is ineligible to own, possess or receive a firearm under the provi-
19 sions of state or federal law; or
20 (b) Is formally charged with a crime punishable by imprisonment for a
21 term exceeding one (1) year; or
22 (c) Has been adjudicated guilty in any court of a crime punishable by
23 imprisonment for a term exceeding one (1) year; or
24 (d) Is a fugitive from justice; or
25 (e) Is an unlawful user of, or addicted to, marijuana or any depressant,
26 stimulant, or narcotic drug, or any other controlled substance as defined
27 in 21 U.S.C. 802; or
28 (f) Is currently suffering or has been adjudicated as follows, based on
29 substantial evidence:
30 (i) Lacking mental capacity as defined in section 18-210, Idaho
31 Code; or
32 (ii) Mentally ill as defined in section 66-317, Idaho Code; or
33 (iii) Gravely disabled as defined in section 66-317, Idaho Code; or
34 (iv) An incapacitated person as defined in section 15-5-101(a),
35 Idaho Code; or
36 (g) Is or has been discharged from the armed forces under dishonorable
37 conditions; or
38 (h) Is or has been adjudicated guilty of or received a withheld judgment
39 or suspended sentence for one (1) or more crimes of violence constituting
40 a misdemeanor, unless three (3) years has elapsed since disposition or
41 pardon has occurred prior to the date on which the application is submit-
42 ted; or
43 (i) Has had entry of a withheld judgment for a criminal offense which
44 would disqualify him from obtaining a concealed weapon license; or
45 (j) Is an alien illegally in the United States; or
46 (k) Is a person who having been a citizen of the United States, has
47 renounced his or her citizenship; or
48 (l) Is under twenty-one (21) years of age; or
49 (m) Is free on bond or personal recognizance pending trial, appeal or
50 sentencing for a crime which would disqualify him from obtaining a con-
51 cealed weapon license; or
52 (n) Is subject to a protection order issued under chapter 63, title 39,
53 Idaho Code, that restrains the person from harassing, stalking or threat-
22
1 ening an intimate partner of the person or child of the intimate partner
2 or person, or engaging in other conduct that would place an intimate part-
3 ner in reasonable fear of bodily injury to the partner or child.
4 The license application shall be in triplicate, in a form to be pre-
5 scribed by the director of the department of law enforcement Idaho state
6 police, and shall ask the name, address, description and signature of the
7 licensee, date of birth, social security number, military status, and the
8 driver's license number or state identification card number of the licen-
9 see if used for identification in applying for the license. The applica-
10 tion shall indicate that provision of the social security number is
11 optional. The license application shall contain a warning substantially as
12 follows:
13 CAUTION: Federal law and state law on the possession of weapons and fire-
14 arms differ. If you are prohibited by federal law from possessing a weapon
15 or a firearm, you may be prosecuted in federal court. A state permit is
16 not a defense to a federal prosecution.
17 The sheriff shall require any person who is applying for original
18 issuance of a license to submit his fingerprints in addition to the other
19 information required in this subsection. Within five (5) days after the
20 filing of an application, the sheriff shall forward the application and
21 fingerprints to the department of law enforcement Idaho state police for a
22 records check of state and national files. The department of law enforce-
23 ment Idaho state police shall conduct a national fingerprint-based records
24 check and return the results to the sheriff within seventy-five (75) days.
25 The sheriff shall not issue a license before receiving the results of the
26 records check and must deny a license if the applicant is disqualified
27 under any of the criteria listed in paragraphs (a) through (n) of subsec-
28 tion (1) of this section.
29 The license will be in a form substantially similar to that of the
30 Idaho driver's license. It will bear the signature, name, address, date of
31 birth, picture of the licensee, expiration date and the driver's license
32 number or state identification card number of the licensee if used for
33 identification in applying for the license. Upon issuing a license under
34 the provisions of this section, the sheriff will notify the department of
35 law enforcement Idaho state police on a form or in a manner prescribed by
36 the department state police. Information relating to an applicant or
37 licensee received or maintained pursuant to this section by the sheriff or
38 department of law enforcement Idaho state police is confidential and
39 exempt from disclosure under section 9-338, Idaho Code.
40 (2) The fee for original issuance of a four (4) year license shall be
41 twenty dollars ($20.00) paid to the sheriff for the purpose of enforcing the
42 provisions of this chapter. The sheriff may collect any additional fees neces-
43 sary to cover the cost of processing fingerprints lawfully required by any
44 state or federal agency or department, and the cost of materials for the
45 license lawfully required by any state agency or department, which costs shall
46 be paid to the state.
47 (3) The fee for renewal of the license shall be twelve dollars ($12.00).
48 The sheriff may collect any additional fees necessary to cover the processing
49 costs lawfully required by any state or federal agency or department, and the
50 cost of materials for the license lawfully required by any state agency or
51 department, which costs shall be paid to the state. If a licensee applying for
52 renewal has not previously been required to submit fingerprints, the sheriff
53 shall require the licensee to do so and may collect any additional fees neces-
54 sary to cover the cost of processing fingerprints lawfully required by any
55 state or federal agency or department.
23
1 (4) A licensee may renew a license if the licensee applies for renewal at
2 any time before or within ninety (90) days after the expiration date of the
3 license. The sheriff shall require the licensee applying for renewal to com-
4 plete an application. The sheriff shall submit the application to the depart-
5 ment of law enforcement Idaho state police for a records check of state and
6 national databases. The department of law enforcement Idaho state police shall
7 conduct the records check and return the results to the sheriff within thirty
8 (30) days. The sheriff shall not issue a renewal before receiving the results
9 of the records check and must deny a license if the applicant is disqualified
10 under any of the criteria listed in subsection (1), paragraphs (a) through (n)
11 of this section. A renewal license shall be valid for a period of four (4)
12 years. A license so renewed shall take effect on the expiration date of the
13 prior license. A licensee renewing after the expiration date of the license
14 shall pay a late renewal penalty of ten dollars ($10.00) in addition to the
15 renewal fee. The fee shall be paid to the sheriff for the purpose of enforcing
16 the provisions of this chapter.
17 (5) Notwithstanding the requirements of this section, the sheriff of the
18 county of the applicant's residence may issue a temporary emergency license
19 for good cause pending review under subsection (1) of this section.
20 (6) A city, county or other political subdivision of this state shall not
21 modify the requirements of this section, nor may a political subdivision ask
22 the applicant to voluntarily submit any information not required in this sec-
23 tion. A civil action may be brought to enjoin a wrongful refusal to issue a
24 license or a wrongful modification of the requirements of this section. The
25 civil action may be brought in the county in which the application was made or
26 in Ada county at the discretion of the petitioner. Any person who prevails
27 against a public agency in any action in the courts for a violation of subsec-
28 tions (1) through (5) of this section, shall be awarded costs, including rea-
29 sonable attorney's fees incurred in connection with the legal action.
30 (7) Except in the person's place of abode or fixed place of business, a
31 person shall not carry a concealed weapon without a license to carry a con-
32 cealed weapon. For the purposes of this section, a concealed weapon means any
33 dirk, dirk knife, bowie knife, dagger, pistol, revolver, or any other deadly
34 or dangerous weapon. The provisions of this section shall not apply to any
35 lawfully possessed shotgun or rifle.
36 (8) A county sheriff, deputy sheriff, or county employee who issues a
37 license to carry a concealed weapon under this section shall not incur any
38 civil or criminal liability as the result of the performance of his duties
39 under this section.
40 (9) While in any motor vehicle, inside the limits or confines of any city
41 or inside any mining, lumbering, logging or railroad camp a person shall not
42 carry a concealed weapon on or about his person without a license to carry a
43 concealed weapon. This shall not apply to any pistol or revolver located in
44 plain view whether it is loaded or unloaded. A firearm may be concealed
45 legally in a motor vehicle so long as the weapon is disassembled or unloaded.
46 (10) In implementing the provisions of this section, the sheriff shall
47 make applications readily available at the office of the sheriff or at other
48 public offices in his jurisdiction.
49 (11) The sheriff of a county may issue a license to carry a concealed
50 weapon to those individuals between the ages of eighteen (18) and twenty-one
51 (21) years who in the judgment of the sheriff warrants the issuance of the
52 license to carry a concealed weapon. Such issuance shall be subject to limita-
53 tions which the issuing authority deems appropriate. Licenses issued to indi-
54 viduals between the ages of eighteen (18) and twenty-one (21) shall be easily
55 distinguishable from regular licenses.
24
1 (12) The requirement to secure a license to carry a concealed weapon under
2 this section shall not apply to the following persons:
3 (a) Officials of a county, city, state of Idaho, the United States, peace
4 officers, guards of any jail, court appointed attendants or any officer of
5 any express company on duty;
6 (b) Employees of the adjutant general and military division of the state
7 where military membership is a condition of employment when on duty;
8 (c) Criminal investigators of the attorney general's office, criminal
9 investigators of a prosecuting attorney's office, prosecutors and their
10 deputies;
11 (d) Any person outside the limits of or confines of any city, or outside
12 any mining, lumbering, logging or railroad camp, located outside any city,
13 while engaged in lawful hunting, fishing, trapping or other lawful outdoor
14 activity;
15 (e) Any publicly elected Idaho official;
16 (f) Retired peace officers with at least ten (10) years of service with
17 the state or a political subdivision as a peace officer and who have been
18 certified by the peace officer standards and training council;
19 (g) Any person who has a valid permit from a state or local law enforce-
20 ment agency or court authorizing him to carry a concealed weapon. A permit
21 issued in another state will only be considered valid if the permit is in
22 the licensee's physical possession.
23 (13) When issuing a license pursuant to this section, the sheriff may
24 require the applicant to demonstrate familiarity with a firearm by any of the
25 following, provided the applicant may select which one:
26 (a) Completion of any hunter education or hunter safety course approved
27 by the department of fish and game or a similar agency of another state;
28 or
29 (b) Completion of any national rifle association firearms safety or
30 training course, or any national rifle association hunter education
31 course; or
32 (c) Completion of any firearms safety or training course or class avail-
33 able to the general public offered by a law enforcement agency, community
34 college, college, university, or private or public institution or organi-
35 zation or firearms training school, utilizing instructors certified by the
36 national rifle association or the department of law enforcement Idaho
37 state police; or
38 (d) Completion of any law enforcement firearms safety or training course
39 or class offered for security guards, investigators, special deputies, or
40 any division or subdivision of a law enforcement agency or security
41 enforcement agency; or
42 (e) Presents evidence or equivalent experience with a firearm through
43 participation in organized shooting competition or military service; or
44 (f) Is licensed or has been licensed to carry a firearm in this state or
45 a county or municipality, unless the license has been revoked for cause;
46 or
47 (g) Completion of any firearms training or training or safety course or
48 class conducted by a state certified or national rifle association certi-
49 fied firearms instructor.
50 (14) A person carrying a concealed weapon in violation of the provisions
51 of this section shall be guilty of a misdemeanor.
52 (15) The sheriff of the county where the license was issued or the sheriff
53 of the county where the person resides shall have the power to revoke a
54 license subsequent to a hearing in accordance with the provisions of chapter
55 52, title 67, Idaho Code, for any of the following reasons:
25
1 (a) Fraud or intentional misrepresentation in the obtaining of a license;
2 or
3 (b) Misuse of a license, including lending or giving a license to another
4 person, or duplicating a license, or using a license with the intent to
5 unlawfully cause harm to a person or property; or
6 (c) The doing of an act or existence of a condition which would have been
7 grounds for the denial of the license by the sheriff; or
8 (d) The violation of any of the terms of this section; or
9 (e) The applicant is adjudicated guilty of or receives a withheld judg-
10 ment for a crime which would have disqualified him from initially receiv-
11 ing a license.
12 (16) A person twenty-one (21) years of age or older issued a license to
13 carry a concealed weapon or a license renewal on or after July 1, 1995, is
14 exempt from any requirement to undergo a records check at the time of purchase
15 or transfer of a firearm from a federally licensed firearms dealer. However, a
16 temporary emergency license issued under subsection (5) of this section shall
17 not exempt the holder of the license from any records check requirement. Tem-
18 porary emergency licenses shall be easily distinguishable from regular
19 licenses.
20 (17) The provisions of this section are hereby declared to be severable
21 and if any provision of this section or the application of such provision to
22 any person or circumstance is declared invalid for any reason, such declara-
23 tion shall not affect the validity of remaining portions of this section.
24 SECTION 23. That Section 18-4508, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 18-4508. DEFINITIONS. As used in sections 18-4507, 18-4508, 18-4509,
27 18-4510, and 18-4511, Idaho Code:
28 (1.) "Law enforcement agency" means any law enforcement agency of the
29 state or any political subdivision of the state, including the Idaho depart-
30 ment of law enforcement state police and any municipal or county sheriff
31 department.
32 (2.) "Missing child" means an individual who is less than eighteen (18)
33 years of age who is reported to any law enforcement agency as abducted or
34 lost.
35 (3.) "Runaway child" means an individual who is less than eighteen (18)
36 years of age who is reported to any law enforcement agency as a runaway.
37 (4.) "State registrar" means the employee so designated by the director
38 of the department of health and welfare.
39 SECTION 24. That Section 18-4509, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 18-4509. MISSING CHILD REPORTS -- LAW ENFORCEMENT AGENCIES -- DUTIES.
42 (1) Upon receiving a report of a missing or runaway child, a law enforcement
43 agency shall immediately enter identifying and descriptive information about
44 the child into the national crime information center computer. Law enforcement
45 agencies having direct access to the national crime information center com-
46 puter shall enter and retrieve the data directly and shall cooperate in the
47 entry and retrieval of data on behalf of law enforcement agencies which do not
48 have direct access to the system.
49 (2) If the local law enforcement agency has reason to believe that a
50 missing or runaway child is enrolled in an Idaho elementary or secondary
51 school, it shall notify that school of the report, at which time the school
26
1 shall flag the missing child's record pursuant to section 18-4511, Idaho Code.
2 (3) The department of law enforcement Idaho state police shall report the
3 entries made by local law enforcement in the national crime information center
4 to the state registrar. Upon learning of the return of a missing or runaway
5 child, the department of law enforcement Idaho state police shall so notify
6 the state registrar of this state if the child was born in Idaho, or the
7 appropriate officer in the state where the child was born, and the school
8 informed under the provisions of subsection (2) of this section.
9 (4) The department of law enforcement Idaho state police shall by rule
10 determine the frequency, manner and form of notices and reports required by
11 this act.
12 (5) Immediately after a missing or runaway child is returned, the law
13 enforcement agency having jurisdiction over the investigation shall clear the
14 entry from the national crime information center computer.
15 SECTION 25. That Section 18-4511, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 18-4511. SCHOOL DUTIES -- RECORDS OF MISSING CHILD -- IDENTIFICATION UPON
18 ENROLLMENT -- TRANSFER OF STUDENT RECORDS. (1.) Upon notification by the
19 department of law enforcement Idaho state police of a missing or runaway child
20 report, the school in which the child is currently enrolled shall flag the
21 record of that child in such a manner that whenever a copy of or information
22 regarding the record is requested, the school shall be alerted to the fact
23 that the record is that of a missing or runaway child. The school shall imme-
24 diately report to the local law enforcement agency any request concerning
25 flagged records or knowledge as to the whereabouts of the missing or runaway
26 child. Upon notification by the department of law enforcement Idaho state
27 police of the return of the missing or runaway child, the school shall remove
28 the flag from the child's record.
29 (2.) Upon enrollment of a student for the first time in a public or pri-
30 vate elementary or secondary school, the school shall notify in writing the
31 person enrolling the student that within thirty (30) days he must provide
32 either a certified copy of the student's birth certificate or other reliable
33 proof of the student's identity and birthdate, which proof shall be accompa-
34 nied by an affidavit explaining the inability to produce a copy of the birth
35 certificate. Other reliable proof of the student's identity and birthdate may
36 include a passport, visa or other governmental documentation of the child's
37 identity.
38 (a) Upon the failure of a person enrolling a student to comply with the
39 provisions of this subsection, the school shall immediately notify the
40 local law enforcement agency of such failure, and shall notify the person
41 enrolling the student, in writing, that he has ten (10) additional days to
42 comply.
43 (b) The school shall immediately report to the local law enforcement
44 agency any documentation or affidavit received pursuant to this subsection
45 which appears inaccurate or suspicious in form or content.
46 (3.) Within fourteen (14) days after enrolling a transfer student, the
47 public or private elementary or secondary school shall request directly from
48 the student's previous school a certified copy of his record. The requesting
49 school shall exercise due diligence in obtaining the copy of the record
50 requested. A student transferring schools within the same school district need
51 not provide proof of identity and birthdate if the student's record already
52 contains such verified information. Any public or private elementary or sec-
53 ondary school which is requested to forward a copy of a transferred student's
27
1 record to the student's new school shall comply within ten (10) days of
2 receipt of the request, unless the record has been flagged pursuant to subsec-
3 tion (1) of this section, in which case the copy shall not be forwarded and
4 the school shall notify the local law enforcement agency of the request for a
5 flagged record; provided however, that any private school accredited by the
6 state board of education which has an agreement allowing retention of a
7 student's record when such student's tuition or fees have not been paid may
8 comply with the provisions of this subsection by notifying the student's new
9 school that the transferred student's records are being held for nonpayment of
10 tuition or fees. However, such private school shall be required to notify the
11 local law enforcement agency if the student's record has been flagged pursuant
12 to the provisions of subsection (1) of this section, even if the student's
13 tuition and fees have not been paid.
14 (4.) It shall be the duty of the local law enforcement agency to immedi-
15 ately investigate each report received from a school of a failure to comply
16 with the provisions of subsection (2) or subsection (3) of this section.
17 (5.) Failure of a parent, or person in custody of a child, or a person
18 enrolling a student, to comply with the documentation requirements of this
19 section after a lawful request by a law enforcement agency, or to cooperate
20 with a law enforcement investigation lawfully conducted pursuant to this sec-
21 tion, shall constitute a misdemeanor.
22 SECTION 26. That Section 18-4512, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 18-4512. MISSING PERSONS CLEARINGHOUSE. (1) The department of law
25 enforcement Idaho state police shall establish a missing persons clearinghouse
26 as a resource center of information and assistance regarding missing and
27 unidentified persons.
28 (2) The director of the department of law enforcement Idaho state police
29 shall appoint a coordinator to manage appropriate programs for addressing the
30 problem of missing persons, which may include the following:
31 (a) Collecting and maintaining computerized data and investigative infor-
32 mation on missing and unidentified persons in Idaho;
33 (b) Establishing access to the national crime information center and to
34 other sources of automated information;
35 (c) Distributing information to public and private nonprofit agencies
36 that will assist in the location and recovery of missing persons;
37 (d) Operating a toll-free telephone hotline for accepting reports relat-
38 ing to missing persons;
39 (e) Publishing a directory of missing persons;
40 (f) Compiling statistics on missing persons cases handled and resolved
41 each year;
42 (g) Developing and conducting training on issues relating to missing per-
43 sons;
44 (h) Developing and distributing educational and other information regard-
45 ing the prevention of abduction and sexual exploitation of children.
46 (3) The department of law enforcement Idaho state police may accept gifts
47 and grants from governmental agencies and private nonprofit organizations to
48 achieve the purposes of the clearinghouse.
49 (4) The department of law enforcement Idaho state police shall publish an
50 annual report on the activities and achievements of the clearinghouse.
51 (5) The department of law enforcement Idaho state police shall determine,
52 by rule, the type and content of information to be collected by the clearing-
53 house and the manner of collecting and disseminating that information.
28
1 (6) The clearinghouse coordinator, in cooperation with the office of the
2 superintendent of public instruction, shall develop a coordinated plan for the
3 distribution of information to teachers and students in the school districts
4 of the state regarding missing and runaway children. The superintendent of
5 public instruction shall encourage local school districts to cooperate by pro-
6 viding the department of law enforcement Idaho state police with information
7 on any missing and runaway children that may be identified within the dis-
8 trict.
9 SECTION 27. That Section 18-8002A, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 18-8002A. TESTS OF DRIVER FOR ALCOHOL CONCENTRATION, PRESENCE OF DRUGS OR
12 OTHER INTOXICATING SUBSTANCES -- SUSPENSION UPON FAILURE OF TESTS. (1) Defini-
13 tions. As used in this section:
14 (a) "Actual physical control" means being in the driver's position of a
15 motor vehicle with the motor running or with the vehicle moving.
16 (b) "Administrative hearing" means a hearing conducted by a hearing offi-
17 cer to determine whether a suspension imposed by the provisions of this
18 section should be vacated or sustained.
19 (c) "Department" means the Idaho transportation department and, as the
20 context requires, shall be construed to include any agent of the depart-
21 ment designated by rule as hereinafter provided.
22 (d) "Director" means the director of the Idaho transportation department.
23 (e) "Evidentiary testing" means a procedure or test or series of proce-
24 dures or tests utilized to determine the concentration of alcohol or the
25 presence of drugs or other intoxicating substances in a person, including
26 additional testing authorized by subsection (6) of this section. An evi-
27 dentiary test for alcohol concentration shall be based on a formula of
28 grams of alcohol per one hundred (100) cubic centimeters of blood, per two
29 hundred ten (210) liters of breath, or sixty-seven (67) milliliters of
30 urine. Analysis of blood, breath or urine for the purpose of determining
31 alcohol concentration shall be performed by a laboratory operated by the
32 Idaho department of law enforcement state police or by a laboratory
33 approved by the Idaho department of law enforcement state police under the
34 provisions of approval and certification standards to be set by that
35 department the Idaho state police, or by any other method approved by the
36 Idaho department of law enforcement state police. Notwithstanding any
37 other provision of law or rule of court, the results of any test for alco-
38 hol concentration and records relating to calibration, approval, certifi-
39 cation or quality control performed by a laboratory operated and approved
40 by the Idaho department of law enforcement state police or by any other
41 method approved by the Idaho department of law enforcement state police
42 shall be admissible in any proceeding in this state without the necessity
43 of producing a witness to establish the reliability of the testing proce-
44 dure for examination.
45 (f) "Hearing officer" means a person designated by the department to con-
46 duct administrative hearings. The hearing officer shall have authority to
47 administer oaths, examine witnesses and take testimony, receive relevant
48 evidence, issue subpoenas, regulate the course and conduct of the hearing
49 and make a final ruling on the issues before him.
50 (g) "Hearing request" means a request for an administrative hearing on
51 the suspension imposed by the provisions of this section.
52 (2) Information to be given. At the time of evidentiary testing for con-
53 centration of alcohol, or for the presence of drugs or other intoxicating sub-
29
1 stances is requested, the person shall be informed that if the person refuses
2 to submit to or fails to complete evidentiary testing, or if the person sub-
3 mits to and completes evidentiary testing and the test results indicate an
4 alcohol concentration or the presence of drugs or other intoxicating sub-
5 stances in violation of section 18-8004, 18-8004C or 18-8006, Idaho Code, the
6 person shall be informed substantially as follows (but need not be informed
7 verbatim):
8 If you refuse to submit to or if you fail to complete and pass evidentiary
9 testing for alcohol or other intoxicating substances:
10 (a) The peace officer will seize your driver's license and issue a notice
11 of suspension and a temporary driving permit to you, but no peace officer
12 will issue you a temporary driving permit if your driver's license or per-
13 mit has already been and is suspended or revoked. No peace officer shall
14 issue a temporary driving permit to a driver of a commercial vehicle who
15 refuses to submit to or fails to complete and pass an evidentiary test;
16 (b) You have the right to request a hearing within seven (7) days of the
17 notice of suspension of your driver's license to show cause why you
18 refused to submit to or to complete and pass evidentiary testing and why
19 your driver's license should not be suspended;
20 (c) If you refused or failed to complete evidentiary testing and do not
21 request a hearing before the court or do not prevail at the hearing, your
22 driver's license will be suspended. The suspension will be for one hundred
23 eighty (180) days if this is your first refusal. The suspension will be
24 for one (1) year if this is your second refusal within five (5) years. You
25 will not be able to obtain a temporary restricted license during that
26 period; and
27 (d) If you complete evidentiary testing and fail the testing and do not
28 request a hearing before the department or do not prevail at the hearing,
29 your driver's license will be suspended. This suspension will be for
30 ninety (90) days if this is your first failure of evidentiary testing, but
31 you may request restricted driving privileges after the first thirty (30)
32 days. The suspension will be for one (1) year if this is your second fail-
33 ure of evidentiary testing within five (5) years. You will not be able to
34 obtain a temporary restricted license during that period;
35 (e) After submitting to evidentiary testing you may, when practicable, at
36 your own expense, have additional tests made by a person of your own
37 choosing.
38 (3) Rulemaking authority of the department of law enforcement Idaho state
39 police. The Idaho department of law enforcement state police may, pursuant to
40 chapter 52, title 67, Idaho Code, prescribe by rule:
41 (a) What testing is required to complete evidentiary testing under this
42 section; and
43 (b) What calibration or checking of testing equipment must be performed
44 to comply with the department's requirements. Any rules of the Idaho
45 department of law enforcement state police shall be in accordance with the
46 following: a test for alcohol concentration in breath as defined in sec-
47 tion 18-8004, Idaho Code, and subsection (1)(e) of this section will be
48 valid for the purposes of this section if the breath alcohol testing
49 instrument was approved for testing by the Idaho department of law
50 enforcement state police in accordance with section 18-8004, Idaho Code,
51 at any time within ninety (90) days before the evidentiary testing. A test
52 for alcohol concentration in blood or urine as defined in section 18-8004,
53 Idaho Code, that is reported by the Idaho department of law enforcement
54 state police or by any laboratory approved by the Idaho department of law
55 enforcement state police to perform this test will be valid for the pur-
30
1 poses of this section.
2 (4) Suspension.
3 (a) Upon receipt of the sworn statement of a peace officer that there
4 existed legal cause to believe a person had been driving or was in actual
5 physical control of a motor vehicle while under the influence of alcohol,
6 drugs or other intoxicating substances and that the person submitted to a
7 test and the test results indicated an alcohol concentration or the pres-
8 ence of drugs or other intoxicating substances in violation of section
9 18-8004, 18-8004C or 18-8006, Idaho Code, the department shall suspend the
10 person's driver's license, driver's permit, driving privileges or non-
11 resident nonresident driving privileges:
12 (i) For a period of ninety (90) days for a first failure of eviden-
13 tiary testing under the provisions of this section. The first thirty
14 (30) days of the suspension shall be absolute and the person shall
15 have absolutely no driving privileges of any kind. Restricted driv-
16 ing privileges applicable during the remaining sixty (60) days of the
17 suspension may be requested as provided in subsection (9) of this
18 section.
19 (ii) For a period of one (1) year for a second and any subsequent
20 failure of evidentiary testing under the provisions of this section
21 within the immediately preceding five (5) years. No driving privi-
22 leges of any kind shall be granted during the suspension imposed pur-
23 suant to this subsection.
24 The person may request an administrative hearing on the suspension as pro-
25 vided in subsection (7) of this section. Any right to contest the suspen-
26 sion shall be waived if a hearing is not requested as therein provided.
27 (b) The suspension shall become effective thirty (30) days after service
28 upon the person of the notice of suspension. The notice shall be in a form
29 provided by the department and shall state:
30 (i) The reason and statutory grounds for the suspension;
31 (ii) The effective date of the suspension;
32 (iii) The suspension periods to which the person may be subject as
33 provided in subsection (4)(a) of this section;
34 (iv) The procedures for obtaining restricted driving privileges;
35 (v) The rights of the person to request an administrative hearing
36 on the suspension and that if an administrative hearing is not
37 requested within seven (7) days of service of the notice of suspen-
38 sion the right to contest the suspension shall be waived;
39 (vi) The procedures for obtaining an administrative hearing on the
40 suspension;
41 (vii) The right to judicial review of the hearing officer's decision
42 on the suspension and the procedures for seeking such review.
43 (5) Service of suspension by peace officer or the department. If the
44 driver submits to evidentiary testing after the information in subsection (2)
45 of this section has been provided and the results of the test indicate an
46 alcohol concentration or the presence of drugs or other intoxicating sub-
47 stances in violation of the provisions of section 18-8004, 18-8004C or
48 18-8006, Idaho Code:
49 (a) The peace officer shall take possession of the person's driver's
50 license, shall issue a temporary permit which shall be valid for a period
51 not to exceed thirty (30) days from the date of issuance, and, acting on
52 behalf of the department, will serve the person with a notice of suspen-
53 sion in the form and containing the information required under subsection
54 (4) of this section. The department may serve the person with a notice of
55 suspension if the peace officer failed to issue the notice of suspension
31
1 or failed to include the date of service as provided in subsection (4)(b)
2 of this section.
3 (b) Within five (5) business days following service of a notice of sus-
4 pension the peace officer shall forward to the department a copy of the
5 completed notice of suspension form upon which the date of service upon
6 the driver shall be clearly indicated, a copy of any completed temporary
7 permit form along with any confiscated driver's license, and a sworn
8 statement of the officer, which may incorporate any arrest or incident
9 reports relevant to the arrest and evidentiary testing setting forth:
10 (i) The identity of the person;
11 (ii) Stating the officer's legal cause to stop the person;
12 (iii) Stating the officer's legal cause to believe that the person
13 had been driving or was in actual physical control of a motor vehicle
14 while under the influence of alcohol, drugs or other intoxicating
15 substances in violation of the provisions of section 18-8004,
16 18-8004C or 18-8006, Idaho Code;
17 (iv) That the person was advised of the consequences of taking and
18 failing the evidentiary test as provided in subsection (2) of this
19 section;
20 (v) That the person was lawfully arrested;
21 (vi) That the person was tested for alcohol concentration, drugs or
22 other intoxicating substances as provided in this chapter, and that
23 the results of the test indicated an alcohol concentration or the
24 presence of drugs or other intoxicating substances in violation of
25 the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code.
26 A certified copy or duplicate original of the results of all tests for alcohol
27 concentration, as shown by analysis of breath administered at the direction of
28 the peace officer shall accompany the sworn statement of the officer. If an
29 evidentiary test of blood or urine was administered rather than a breath test,
30 the peace officer or the department shall serve the notice of suspension once
31 the results are received. The sworn statement required in this subsection
32 shall be made on forms in accordance with rules adopted by the department.
33 (c) The department may serve the person with a notice of suspension if
34 the peace officer failed to issue the notice of suspension or failed to
35 include the date of service as provided in subsection (4)(b) of this sec-
36 tion.
37 (6) Additional tests. After submitting to evidentiary testing at the
38 request of the peace officer, the person may, when practicable, at his own
39 expense, have additional tests for alcohol concentration or for the presence
40 of drugs or other intoxicating substances made by a person of his own choos-
41 ing. The person's failure or inability to obtain additional tests shall not
42 preclude admission of the results of evidentiary tests administered at the
43 direction of the peace officer unless additional testing was denied by the
44 peace officer.
45 (7) Administrative hearing on suspension. A person who has been served
46 with a notice of suspension after submitting to an evidentiary test may
47 request an administrative hearing on the suspension before a hearing officer
48 designated by the department. The request for hearing shall be in writing and
49 must be received by the department within seven (7) calendar days of the date
50 of service upon the person of the notice of suspension, and shall include what
51 issue or issues shall be raised at the hearing. The date on which the hearing
52 request was received shall be noted on the face of the request.
53 If a hearing is requested, the hearing shall be held within twenty (20)
54 days of the date the hearing request was received by the department unless
55 this period is, for good cause shown, extended by the hearing officer for one
32
1 ten (10) day period. Such extension shall not operate as a stay of the suspen-
2 sion and any temporary permit shall expire thirty (30) days after service of
3 the notice of suspension, notwithstanding an extension of the hearing date
4 beyond such thirty (30) day period. Written notice of the date and time of the
5 hearing shall be sent to the party requesting the hearing at least seven (7)
6 days prior to the scheduled hearing date. The department may conduct all hear-
7 ings by telephone if each participant in the hearing has an opportunity to
8 participate in the entire proceeding while it is taking place.
9 The hearing shall be recorded. The sworn statement of the arresting offi-
10 cer, and the copy of the notice of suspension and any temporary permit issued
11 by the officer shall be admissible at the hearing without further evidentiary
12 foundation. The results of any tests for alcohol concentration or the presence
13 of drugs or other intoxicating substances by analysis of blood, urine or
14 breath administered at the direction of the peace officer and the records
15 relating to calibration, certification, approval or quality control pertaining
16 to equipment utilized to perform the tests shall be admissible as provided in
17 section 18-8004(4), Idaho Code. The arresting officer shall not be required to
18 participate unless directed to do so by a subpoena issued by the hearing offi-
19 cer.
20 The burden of proof shall be on the person requesting the hearing. The
21 hearing officer shall not vacate the suspension unless he finds, by a prepon-
22 derance of the evidence, that:
23 (a) The peace officer did not have legal cause to stop the person; or
24 (b) The officer did not have legal cause to believe the person had been
25 driving or was in actual physical control of a vehicle while under the
26 influence of alcohol, drugs or other intoxicating substances in violation
27 of the provisions of section 18-8004, 18-8004C or 18-8006, Idaho Code; or
28 (c) The test results did not show an alcohol concentration or the pres-
29 ence of drugs or other intoxicating substances in violation of section
30 18-8004, 18-8004C or 18-8006, Idaho Code; or
31 (d) The tests for alcohol concentration, drugs or other intoxicating sub-
32 stances administered at the direction of the peace officer were not con-
33 ducted in accordance with the requirements of section 18-8004(4), Idaho
34 Code, or the testing equipment was not functioning properly when the test
35 was administered; or
36 (e) The person was not informed of the consequences of submitting to evi-
37 dentiary testing as required in subsection (2) of this section.
38 If the hearing officer finds that the person has not met his burden of proof,
39 he shall sustain the suspension. The hearing officer shall make findings of
40 fact and conclusions of law on each issue and shall enter an order vacating or
41 sustaining the suspension. If the suspension is vacated, the person's driver's
42 license, unless unavailable by reason of an existing suspension, revocation,
43 cancellation, disqualification or denial shall be returned to him. The find-
44 ings of fact, conclusions of law and order entered by the hearing officer
45 shall be considered a final order pursuant to the provisions of chapter 52,
46 title 67, Idaho Code, except that motions for reconsideration of such order
47 shall be allowed and new evidence can be submitted.
48 The facts as found by the hearing officer shall be independent of the
49 determination of the same or similar facts in the adjudication of any criminal
50 charges arising out of the same occurrence. The disposition of those criminal
51 charges shall not affect the suspension required to be imposed under the pro-
52 visions of this section. If a license is suspended under this section and the
53 person is also convicted on criminal charges arising out of the same occur-
54 rence for a violation of the provisions of section 18-8004, 18-8004C or
55 18-8006, Idaho Code, both the suspension under this section and the suspension
33
1 imposed pursuant to the provisions of section 18-8005 or 18-8006, Idaho Code,
2 shall be imposed, but the periods of suspension shall run concurrently, with
3 the total period of suspension not to exceed the longer of the applicable sus-
4 pension periods, unless the court ordering the suspension in the criminal case
5 orders to the contrary.
6 (8) Judicial review. A party aggrieved by the decision of the hearing
7 officer may seek judicial review of the decision in the manner provided for
8 judicial review of final agency action provided in chapter 52, title 67, Idaho
9 Code.
10 (9) Restricted driving privileges. A person served with a notice of sus-
11 pension for ninety (90) days pursuant to this section may apply to the depart-
12 ment for restricted driving privileges, to become effective after the thirty
13 (30) day absolute suspension has been completed. The request may be made at
14 any time after service of the notice of suspension. Restricted driving privi-
15 leges will be issued for the person to travel to and from work and for work
16 purposes, to attend an alternative high school, work on a GED, for post-
17 secondary education, or to meet the medical needs of the person or his family
18 if the person is eligible for restricted driving privileges.
19 (10) Rules. The department may adopt rules under the provisions of chapter
20 52, title 67, Idaho Code, deemed necessary to implement the provisions of this
21 section.
22 SECTION 28. That Section 18-8004, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 18-8004. PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER
25 INTOXICATING SUBSTANCES.
26 (1) (a) It is unlawful for any person who is under the influence of
27 alcohol, drugs or any other intoxicating substances, or who has an alcohol
28 concentration of 0.08, as defined in subsection (4) of this section, or
29 more, as shown by analysis of his blood, urine, or breath, to drive or be
30 in actual physical control of a motor vehicle within this state, whether
31 upon a highway, street or bridge, or upon public or private property open
32 to the public.
33 (b) It is unlawful for any person who is under the influence of alcohol,
34 drugs or any other intoxicating substances, or who has an alcohol concen-
35 tration of 0.04 or higher but less than 0.08, as defined in subsection (4)
36 of this section, as shown by analysis of his blood, urine, or breath, to
37 drive or be in actual physical control of a commercial motor vehicle
38 within this state, whether upon a highway, street or bridge, or upon pub-
39 lic or private property open to the public.
40 (c) It is unlawful for any person who is under the influence of alcohol,
41 drugs or any other intoxicating substances, or who has an alcohol concen-
42 tration of 0.08 or higher, as defined in subsection (4) of this section,
43 as shown by analysis of his blood, urine, or breath, to drive or be in
44 actual physical control of a commercial motor vehicle within this state,
45 whether upon a highway, street or bridge, or upon public or private prop-
46 erty open to the public.
47 (d) It is unlawful for any person under the age of twenty-one (21) who
48 has an alcohol concentration of at least 0.02 but less than 0.08, as
49 defined in subsection (4) of this section, to drive or be in actual physi-
50 cal control of a motor vehicle within this state, whether upon a highway,
51 street or bridge, or upon public or private property open to the public.
52 Any person violating this subsection shall be subject to the penalties
53 provided in section 18-8004A, Idaho Code.
34
1 (2) Any person having an alcohol concentration of less than 0.08, as
2 defined in subsection (4) of this section, as shown by analysis of his blood,
3 urine, or breath, by a test requested by a police officer shall not be prose-
4 cuted for driving under the influence of alcohol, except as provided in sub-
5 section (3), subsection (1)(b) or subsection (1)(d) of this section. Any per-
6 son who does not take a test to determine alcohol concentration or whose test
7 result is determined by the court to be unreliable or inadmissible against
8 him, may be prosecuted for driving or being in actual physical control of a
9 motor vehicle while under the influence of alcohol, drugs, or any other
10 intoxicating substances, on other competent evidence.
11 (3) If the results of the test requested by a police officer show a
12 person's alcohol concentration of less than 0.08, as defined in subsection
13 (4) of this section, such fact may be considered with other competent evi-
14 dence of drug use other than alcohol in determining the guilt or innocence of
15 the defendant.
16 (4) For purposes of this chapter, an evidentiary test for alcohol concen-
17 tration shall be based upon a formula of grams of alcohol per one hundred
18 (100) cubic centimeters of blood, per two hundred ten (210) liters of breath
19 or sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath
20 for the purpose of determining the alcohol concentration shall be performed by
21 a laboratory operated by the Idaho department of law enforcement state police
22 or by a laboratory approved by the Idaho department of law enforcement state
23 police under the provisions of approval and certification standards to be set
24 by that department, or by any other method approved by the Idaho department of
25 law enforcement state police. Notwithstanding any other provision of law or
26 rule of court, the results of any test for alcohol concentration and records
27 relating to calibration, approval, certification or quality control performed
28 by a laboratory operated or approved by the Idaho department of law enforce-
29 ment state police or by any other method approved by the Idaho department of
30 law enforcement state police shall be admissible in any proceeding in this
31 state without the necessity of producing a witness to establish the reliabil-
32 ity of the testing procedure for examination.
33 (5) It is unlawful for any person who is an habitual user of, or under
34 the influence of any narcotic drug, or who is under the influence of any other
35 drug or any combination of alcohol and any drug to a degree which impairs the
36 driver's ability to safely operate a motor vehicle, to drive or be in actual
37 physical control of a motor vehicle within this state, whether upon a highway,
38 street or bridge, or upon public or private property open to public use. The
39 fact that any person charged with a violation of the provisions of this sub-
40 section is or has been entitled to use such drug under the laws of this state
41 shall not constitute a defense against any charge of a violation of the provi-
42 sions of this subsection.
43 (6) "Actual physical control" as used in this section, shall be defined
44 as being in the driver's position of the motor vehicle with the motor running
45 or with the motor vehicle moving.
46 (7) Notwithstanding any other provision of law, any evidence of convic-
47 tion under this section shall be admissible in any civil action for damages
48 resulting from the occurrence. A conviction for the purposes of this section
49 means that the person has pled guilty or has been found guilty, notwithstand-
50 ing the form of the judgment(s) or withheld judgment(s).
51 SECTION 29. That Section 18-8102, Idaho Code, be, and the same is hereby
52 amended to read as follows:
53 18-8102. DEFINITIONS. As used in this chapter:
35
1 (1) "Civil disorder" means any public disturbance involving acts of vio-
2 lence by an assemblage of two (2) or more persons which acts cause an immedi-
3 ate danger of or result in damage or injury to the property or person of any
4 other individual.
5 (2) "Governmental military force" means the national guard, as defined in
6 section 101(9) of title 10, United States code; the organized militia of any
7 state or territory of the United States, the Commonwealth of Puerto Rico, or
8 the District of Columbia, not included with the definition of national guard
9 as defined by such section 101(9); and the armed forces of the United States.
10 (3) "Law enforcement agency" means a governmental unit of one (1) or more
11 persons employed full time or part time by the state or federal government, or
12 a political subdivision thereof, for the purpose of preventing and detecting
13 crime and enforcing laws or local ordinances and the employees of which are
14 authorized to make arrests for crimes while acting within the scope of their
15 authority.
16 (4) "Peace officer" means any duly appointed officer of a law enforcement
17 agency as defined herein including, but not limited to, a duly appointed
18 investigator or agent of the department of law enforcement, an officer of the
19 Idaho state police, division, or any other division of the department of law
20 enforcement, department of fish and game, a sheriff or deputy sheriff of a
21 county, or a marshal or police officer of a city.
22 SECTION 30. That Section 18-8303, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 18-8303. DEFINITIONS. As used in this chapter:
25 (1) "Board" means the sexual offender classification board described in
26 section 18-8312, Idaho Code.
27 (2) "Central registry" means the registry of convicted sexual offenders
28 maintained by the Idaho department of law enforcement state police pursuant to
29 this chapter.
30 (3) "Department" means the Idaho department of law enforcement state
31 police.
32 (4) "Employed" means full or part-time employment exceeding ten (10) con-
33 secutive working days or for an aggregate period exceeding thirty (30) days in
34 any calendar year, or any employment which involves counseling, coaching,
35 teaching, supervising or working with minors in any way regardless of the
36 period of employment, whether such employment is financially compensated, vol-
37 unteered or performed for the purpose of any government or education benefit.
38 (5) "Incarceration" means committed to the custody of the Idaho depart-
39 ment of correction, but excluding cases where the court has retained jurisdic-
40 tion.
41 (6) "Offender" means an individual convicted of an offense listed and
42 described in section 18-8304, Idaho Code, or a substantially similar offense
43 under the laws of another state or in a federal, tribal or military court or
44 the court of another country.
45 (7) "Offense" means a sexual offense listed in section 18-8304, Idaho
46 Code.
47 (8) "Predatory" means actions directed at an individual who was selected
48 by the offender for the primary purpose of engaging in illegal sexual behav-
49 ior.
50 (9) "Psychosexual evaluation" means an evaluation which specifically
51 addresses sexual development, sexual deviancy, sexual history and risk of
52 reoffense as part of a comprehensive evaluation of an offender.
53 (10) "Residence" means the offender's present place of abode.
36
1 (11) "Student" means a person who is enrolled on a full-time or part-time
2 basis, in any public or private educational institution, including any second-
3 ary school, trade or professional institution or institution of higher educa-
4 tion.
5 (12) "Violent sexual predator" means a person who has been convicted of an
6 offense listed in section 18-8312, Idaho Code, and who has been determined to
7 pose a risk of committing an offense or engaging in predatory sexual conduct.
8 SECTION 31. That Section 18-8315, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-8315. COMPLIANCE WITH OPEN MEETING LAW -- EXECUTIVE SESSIONS AUTHO-
11 RIZED -- REPORT REQUIRED. (1) All meetings of the board shall be held in
12 accordance with the open meeting law as provided in chapter 23, title 67,
13 Idaho Code, except:
14 (a) Consideration of and discussions pertaining to documents not subject
15 to public disclosure, such as the presentence investigation report, cer-
16 tain medical or psychological reports and any reports, orders or other
17 documents sealed by court order;
18 (b) Deliberations and decisions concerning the classification of violent
19 sexual predators; and
20 (c) Votes of individual members in arriving at the classification deci-
21 sions shall not be made public, provided that the board shall maintain a
22 record of the votes of the individual members as required in subsection
23 (2) of this section.
24 (2) A written record of the vote to classify an offender as a violent
25 sexual predator by each board member in each case reviewed by that member
26 shall be produced by the board. In accordance with section 9-340, Idaho Code,
27 the record produced by the board pursuant to this section shall be kept confi-
28 dential and privileged from disclosure, provided the record shall be made
29 available, upon request, to the governor and the chairman of the senate judi-
30 ciary and rules committee and the chairman of the house of representatives
31 judiciary, rules and administration committee, for all lawful purposes. Dis-
32 tribution of the report by a board member or an employee of the board to any
33 person not specifically listed in this section shall be a misdemeanor.
34 (3) Nothing contained in this section shall prevent any person from
35 obtaining the results of any classification action by the board without refer-
36 ence to the manner in which any member voted. This information can be
37 obtained through a public records request made to the sexual offender registry
38 maintained by the department of law enforcement Idaho state police.
39 (4) Nothing contained herein shall prevent the governor and chairman of
40 the senate judiciary and rules committee and the chairman of the house of rep-
41 resentatives judiciary, rules and administration committee from attending any
42 meeting including an executive session of the sexual offender classification
43 board.
44 SECTION 32. That Section 18-8404, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 18-8404. JUVENILE SEX OFFENDER REGISTRY. The department of law enforce-
47 ment Idaho state police shall establish and maintain within the central sex
48 offender registry a separate registry of juvenile sex offenders. The registry
49 shall include fingerprints, photographs, and information collected from sub-
50 mitted forms and other communications relating to notice of duty to register,
51 sex offender registration, and notice of address change. Information in the
37
1 registry of juvenile sex offenders is subject to release to criminal justice
2 agencies pursuant to section 18-8305, Idaho Code, and to the public pursuant
3 to section 18-8323, Idaho Code.
4 SECTION 33. That Section 18-8405, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 18-8405. NOTIFICATION OF DUTY TO REGISTER -- PROBATION. With respect to a
7 juvenile sex offender sentenced to probation without a period of detention,
8 the court shall provide at the time of sentencing written notification of the
9 duty to register. The written notification shall be a form provided by the
10 department of law enforcement Idaho state police and shall be signed by the
11 juvenile and the parents or guardian of the juvenile. One (1) copy shall be
12 retained by the court, one (1) copy shall be provided to the offender, and one
13 (1) copy shall be submitted within three (3) working days to the central reg-
14 istry.
15 SECTION 34. That Section 18-8406, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 18-8406. NOTIFICATION OF DUTY TO REGISTER -- PRIOR TO RELEASE. With
18 respect to a juvenile sex offender sentenced to a period of detention, the
19 county shall provide, prior to release, written notification of the duty to
20 register. With respect to a juvenile sex offender committed to the custody of
21 the department of juvenile corrections, the department shall provide, prior to
22 release, written notification of the duty to register. The written notifica-
23 tion shall be a form provided by the department of law enforcement Idaho state
24 police and shall be signed by the juvenile and the parents or guardian of the
25 juvenile. One (1) copy shall be retained by the department of juvenile correc-
26 tions, one (1) copy shall be provided to the offender, and one (1) copy shall
27 be submitted within three (3) working days to the central registry.
28 SECTION 35. That Section 18-8408, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 18-8408. PROVIDING LIST TO SUPERINTENDENT OF PUBLIC INSTRUCTION. The
31 department of law enforcement Idaho state police shall provide to the superin-
32 tendent of public instruction, quarterly and on request, a list of registered
33 juvenile sex offenders in the state. The superintendent of public instruction
34 subsequently shall notify a school district or private school regarding the
35 enrollment of a registered juvenile sex offender. The superintendent shall
36 also notify the district or school of the offender's probationary status or
37 treatment status, if known.
38 SECTION 36. That Section 19-5102, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 19-5102. COUNCIL ESTABLISHED -- CHAIRMAN -- MEMBERS. There is hereby
41 established in the department of law enforcement Idaho state police the Idaho
42 peace officer standards and training council. The chairman of the council
43 shall be appointed by the governor and shall be a voting member of the council
44 which shall be composed of the following members, and which shall reflect a
45 reasonable geographic balance throughout the state:
46 (a) Three (3) city chiefs of police or their designees;
47 (b) Three (3) county sheriffs or their designees;
38
1 (c) The director of the department of law enforcement Idaho state police
2 or his designee;
3 (d) A county prosecuting attorney or his designee;
4 (e) The attorney general or his designee;
5 (f) The special agent in charge of the Idaho division of the federal
6 bureau of investigation or his designee;
7 (g) The director of the department of correction or his designee;
8 (h) The director of the fish and game department or his designee;
9 (i) The director of the department of juvenile corrections or his desig-
10 nee; and
11 (j) In addition, there shall be advisory to the council, as ex officio
12 nonvoting members of the council, the executive directors of the Idaho associ-
13 ation of counties and association of Idaho cities.
14 SECTION 37. That Section 19-5109, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 19-5109. POWERS OF THE COUNCIL -- STANDARDS OF TRAINING, EDUCATION AND
17 EMPLOYMENT OF PEACE OFFICERS -- CERTIFICATION -- PENALTIES. (a) It shall be
18 the duty of and the council shall have the power:
19 (1) To establish the requirements of minimum basic training which peace
20 officers shall complete in order to be eligible for permanent employment
21 as peace officers, and the time within which such basic training must be
22 completed.
23 (2) To establish the requirements of minimum education and training stan-
24 dards for employment as a peace officer in probationary, temporary, part-
25 time, and/or emergency positions.
26 (3) To establish the length of time a peace officer may serve in a proba-
27 tionary, temporary, and/or emergency position.
28 (4) To approve, deny approval or revoke the approval of any institution
29 or school established by the state or any political subdivision or any
30 other party for the training of peace officers.
31 (5) To establish the minimum requirements of courses of study, atten-
32 dance, equipment, facilities of all approved schools, and the scholastic
33 requirement, experience and training of instructors at all approved
34 schools.
35 (6) To establish such other requirements for employment, retention and
36 promotion of peace officers, including minimum age, physical and mental
37 standards, citizenship, moral character, experience and such other matters
38 as relate to the competence and reliability of peace officers.
39 (7) To certify peace officers as having completed all requirements estab-
40 lished by the council in order to be eligible for permanent employment as
41 peace officers in this state.
42 (8) To receive and file for record copies of merit regulations or local
43 ordinances passed by any political subdivision.
44 (9) To maintain permanent files and transcripts for all peace officers
45 certified by the council to include any additional courses or advance
46 courses of instruction successfully completed by such peace officers while
47 employed in this state.
48 (10) To receive applications for financial assistance from the state and
49 from political subdivisions and disburse available state funds to the
50 state and to political subdivisions for salaries and allowable living
51 expenses or any part thereof, as authorized by the council, incurred while
52 in attendance at approved training programs and schools. The annual reim-
53 bursements authorized by this section shall not exceed the funds available
39
1 for such purpose and authorized by section 31-3201B, Idaho Code.
2 (11) To allow a peace officer of a federally recognized Indian tribe
3 within the boundaries of this state to attend the peace officer standards
4 and training academy if said peace officer meets minimum physical and edu-
5 cational requirements of the academy. The Indian tribal law enforcement
6 agency shall reimburse the peace officer standards and training academy
7 for the officer's training. Upon satisfactory completion of the peace
8 officer standards and training academy, the tribal peace officer shall
9 receive a certificate of satisfactorily completing the academy.
10 (b) After January 1, 1974, any peace officer as defined in section
11 19-5101(d), Idaho Code, employed after January 1, 1974, except any elected
12 official, any deputy sheriff working as a detention officer in the county
13 jail, or serving civil process, the superintendent deputy director of the
14 Idaho state police, or any person serving under a temporary commission with
15 any law enforcement agency in times of natural or man-caused disaster declared
16 to be an emergency by the board of county commissioners or by the governor of
17 the state of Idaho, or those peace officers whose primary duties involve motor
18 vehicle parking and animal control pursuant to city or county ordinance, or
19 any peace officer acting under a special deputy commission from the department
20 of law enforcement Idaho state police, shall be certified by the council
21 within one (1) year of employment; provided, however, that the council may
22 establish criteria different than that required of other peace officers for
23 certification of city police chiefs or administrators within state agencies
24 having law enforcement powers, who, because of the number of full-time peace
25 officers they supervise, have duties which are primarily administrative. Any
26 such chief of police or state agency administrator employed in such capacity
27 prior to July 1, 1987, shall be exempt from certification.
28 (c) No peace officer shall have or exercise any power granted by any
29 statute of this state to peace officers unless such person shall have been
30 certified by the council within one (1) year of the date upon which such per-
31 son commenced employment as a peace officer, except in cases where the coun-
32 cil, for good cause and in writing, has granted additional time to complete
33 such training. The council may decertify any officer who pleads guilty or is
34 found guilty, regardless of the form of judgment or withheld judgment of:
35 (1) Any felony or offense which would be a felony if committed in this
36 state;
37 (2) Any misdemeanor;
38 (3) Any unlawful use, possession, sale or delivery of any controlled sub-
39 stance; or who
40 (4) Willfully or otherwise falsifies or omits any information to obtain
41 any certified status; or who
42 (5) Violates any of the standards of conduct as established by the
43 council's code of ethics, as adopted and amended by the council.
44 All proceedings taken by the council shall be done in accordance with
45 chapter 52, title 67, Idaho Code.
46 (d) Any law enforcement agency as defined in section 19-5101(c), Idaho
47 Code, in which any peace officer shall resign as a result of any disciplinary
48 action or in which a peace officer's employment is terminated as a result of
49 any disciplinary action, shall, within thirty (30) days of such action, make a
50 report to the council.
51 (e) The council shall, pursuant to the requirements of this section,
52 establish minimum basic training and certification standards for county deten-
53 tion officers that can be completed within one (1) year of employment as a
54 county detention officer.
55 (f) The council may, upon recommendation of the juvenile training council
40
1 and pursuant to the requirements of this section, implement minimum basic
2 training for juvenile probation officers and implement minimum training and
3 certification standards for juvenile detention officers.
4 SECTION 38. That Section 19-5113, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 19-5113. INVESTIGATIONS -- AUTHORITY TO ADMINISTER OATHS -- SUBPOENAS. To
7 determine whether the standards, training, qualifications of instructors or
8 schools, the obligations of applicants for aid, or recipients of aid, are
9 being complied with and for such other purposes as the council deems necessary
10 and not inconsistent with the intent of this act, the director of the depart-
11 ment of law enforcement Idaho state police or his authorized representative
12 may administer oaths, take depositions and/or issue subpoenas to compel the
13 attendance of witnesses and the production of books, papers, records, memo-
14 randa or other information. If any person fails to comply with any subpoena
15 issued under this section or refuses to testify on any matter on which he law-
16 fully may be interrogated, compliance with such subpoena shall be sought in
17 the district court wherein such subpoena was served.
18 SECTION 39. That Section 19-5114, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 19-5114. ANNUAL REPORTS. The council shall report annually to the gover-
21 nor and legislature through the director of the department of law enforcement
22 Idaho state police on its activities and may make such other reports and rec-
23 ommendations as it deems desirable.
24 SECTION 40. That Section 19-5116, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 19-5116. PEACE OFFICERS STANDARDS AND TRAINING ACCOUNT FUND. (a) There is
27 hereby established in the state operating fund treasury, the peace officers
28 standards and training account fund. All moneys deposited to the account fund
29 shall be expended by the peace officers standards and training council for the
30 following purposes:
31 (1) Training peace officers, county detention officers, and self-
32 sponsored students, within the state of Idaho, including, but not limited
33 to, sheriffs and their deputies, officers of the Idaho department of law
34 enforcement state police and conservation officers of the Idaho department
35 of fish and game, and city and county prosecutors and their deputies;
36 (2) Salaries, costs and expenses relating to such training as provided in
37 subsection (1) of this section;
38 (3) Such capital expenditures as the peace officers standards and train-
39 ing council may provide, for the acquisition, construction and/or improve-
40 ment of a peace officers standards and training academy; and
41 (4) Such expenditures as may be necessary to aid approved peace officers
42 training programs or county detention officer programs certified as having
43 met the standards established by the peace officers standards and training
44 council.
45 (b) The peace officers standards and training account fund shall be
46 funded as provided in section 31-3201B, Idaho Code.
47 (c) All contributions and other moneys and appropriations which are des-
48 ignated for peace officers standards and training shall be deposited in the
49 peace officers standards and training account fund.
41
1 (d) Moneys received into the account fund as provided in subsection (c)
2 of this section, shall be accounted for separately.
3 (e) If the fiscal year-end balance in the account fund pursuant to sec-
4 tion 31-3201B, Idaho Code, exceeds one million dollars ($1,000,000) the excess
5 shall revert to the general account fund.
6 SECTION 41. That Section 19-5202, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 19-5202. ESTABLISHMENT OF NETWORK -- USE -- RENTAL CHARGE -- INTERSTATE
9 CONNECTION. (1) Establishment of network. The director of the department of
10 law enforcement of the state of Idaho state police shall establish a
11 teletypewriter communications network which will interconnect the criminal
12 justice agencies of this state and its political subdivisions and all agencies
13 engaged in the promotion of highway safety into a unified teletypewriter com-
14 munications system. The director is authorized to lease such transmitting and
15 receiving facilities and equipment as may be necessary to establish and main-
16 tain such teletypewriter communications network.
17 (2) Use of network. The teletypewriter communications network shall be
18 used exclusively for the law enforcement business of the state of Idaho and
19 all the political subdivisions thereof, including all agencies engaged in the
20 promotion of traffic safety.
21 (3) Judiciary and traffic safety. Nothing in this act shall prohibit the
22 use of or participation in the teletypewriter communications herein provided
23 by the judicial branch of the state government or by any other department,
24 agency or branch of state or local government engaged in traffic safety.
25 (4) Rental. The monthly rental to be charged each department or agency
26 participating in the teletypewriter communications network on a terminal or
27 unit basis shall be set by the teletypewriter communications board and in set-
28 ting such rental charge the board shall take into consideration the usage of
29 said network by each participant and of the economic position of each partici-
30 pant. There is hereby created the teletypewriter communications network
31 account fund. All rental and use fees collected under the provisions of this
32 chapter shall be paid into the account fund.
33 (5) Interstate connection. The teletypewriter communications network pro-
34 vided for herein is hereby authorized to connect and participate with
35 teletypewriter communications network systems of other states and provinces of
36 Canada.
37 SECTION 42. That Section 19-5203, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 19-5203. TELETYPEWRITER COMMUNICATIONS BOARD -- CREATION -- COMPOSITION
40 -- TERMS -- RULES AND REGULATIONS -- COMPENSATION OF MEMBERS. (1) There is
41 hereby created within the department of law enforcement Idaho state police a
42 teletypewriter communications board which shall be composed of five (5) mem-
43 bers appointed by the governor.
44 The members of the teletypewriter communications board shall be composed
45 of the following:
46 (a) Two (2) incumbent county sheriffs;
47 (b) Two (2) incumbent city chiefs of police;
48 (c) One (1) member of the Idaho department of law enforcement state
49 police.
50 (2) The term of office of the first board shall be staggered with the one
51 (1) appointment expiring January 1, 1972; one (1) appointment expiring January
42
1 1, 1973; one (1) appointment expiring January 1, 1974; one (1) appointment
2 expiring January 1, 1975; and one (1) appointment expiring January 1, 1976.
3 Thereafter, the term of office of each chief of police, sheriff and member
4 of the Idaho department of law enforcement state police shall be for a term of
5 five (5) years.
6 The director of the department of law enforcement Idaho state police shall
7 be an a permanent member of the board.
8 In the event any chief of police, sheriff or member of the Idaho depart-
9 ment of law enforcement state police ceases to be such chief of police, sher-
10 iff, or member of the Idaho department of law enforcement state police his
11 appointment to said board shall terminate and cease immediately and the gover-
12 nor shall appoint a qualified person in such category to fill the unexpired
13 term of such member.
14 (3) The board shall, upon their appointment, adopt such rules, regula-
15 tions, procedures and methods of operation as may be necessary to establish
16 and put into use the most efficient and economical statewide teletypewriter
17 communications network and shall publish and distribute said rules, regula-
18 tions and procedures to each participating department, agency or office.
19 (4) The teletypewriter communications board shall have exclusive manage-
20 ment control over the entire Idaho law enforcement teletypewriter system
21 (ILETS) which includes all hardware, software, electronic switches, peripheral
22 gear, microwave links, circuitry, and terminal devices which make up the net-
23 work and any access thereto. The term Idaho law enforcement teletypewriter
24 system (ILETS) shall mean the teletypewriter system established by the direc-
25 tor of the department of law enforcement Idaho state police pursuant to sub-
26 section (1) of section 19-5202, Idaho Code, and shall not apply to any type of
27 voice-oriented transmission whether it be by mobile radio, microwave or tele-
28 phone.
29 (5) Salaries and expenses. Members of said board shall be compensated as
30 provided by section 59-509(b), Idaho Code, which expenses shall be paid from
31 moneys appropriated for the funding of this act.
32 The performance of duties under this act by a member of the board shall be
33 deemed to be in performance of his duties as an employee of his particular
34 branch of government.
35 (6) Federal funding, gifts, donations. The director is authorized to
36 apply for and accept federal funds granted by the congress of the United
37 States, or by executive order, all of which must be deposited in the
38 teletypewriter communication network account fund, and which may be expended
39 only after a legislative appropriation. The director may accept gifts and
40 donations from individuals and private organizations or foundations for all or
41 any of the purposes of chapter 52, title 19, Idaho Code.
42 SECTION 43. That Section 19-5204, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 19-5204. EXECUTIVE OFFICER OF BOARD. The director of the department of
45 law enforcement of the state of Idaho state police shall be the executive
46 officer of the teletypewriter communications network board and shall be
47 responsible for the carrying out of the policies and rules of the board and
48 with the management and expenditures of such funds as may be appropriated to
49 implement this act.
50 SECTION 44. That Section 19-5402, Idaho Code, be, and the same is hereby
51 amended to read as follows:
43
1 19-5402. DEFINITIONS. As used in this chapter:
2 (1) "Department" means the Idaho department of law enforcement state
3 police.
4 (2) "Firearms dealer" means any person engaged in the business of import-
5 ing, manufacturing or dealing in firearms and having a license as an importer,
6 manufacturer or dealer of firearms issued by the United States department of
7 treasury.
8 (3) "Handgun" means:
9 (a) A firearm that has a short stock and is designed to be held and fired
10 by the use of a single hand; or
11 (b) Any combination of parts from which a firearm described in paragraph
12 (a) of this section can be assembled.
13 (4) "Statement of intent" means ATF form 5300.35 (statement of intent to
14 obtain a handgun(s)) or an equivalent form prescribed by regulations adminis-
15 tered by the bureau of alcohol, tobacco and firearms of the United States
16 department of treasury for compliance with the Brady handgun violence preven-
17 tion act.
18 (5) "Transfer" and the various derivatives thereof shall include the
19 sale, delivery or other transfer of a handgun.
20 (6) "Working day" means each day except Saturday, Sunday or a legal state
21 holiday.
22 SECTION 45. That Section 19-5502, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 19-5502. DEFINITIONS. (1) "CODIS" means the federal bureau of
25 investigation's combined DNA index system that allows the storage and exchange
26 of DNA records submitted by state and local forensic laboratories.
27 (2) "Director" means the director of the Idaho department of law enforce-
28 ment state police.
29 (3) "DNA" means deoxyribonucleic acid.
30 (4) "DNA profile" means the list of one (1) or more genetic types deter-
31 mined for an individual based on variations in DNA sequence.
32 (5) "DNA record" means DNA information stored in the statewide DNA data-
33 base system of the bureau of forensic services or CODIS and includes informa-
34 tion commonly referred to as a DNA profile.
35 (6) "DNA sample" means a body fluid or tissue sample provided by any per-
36 son convicted of a qualifying sex crime or violent crime or any body fluid or
37 tissue sample submitted to the statewide DNA database system for analysis
38 pursuant to a criminal investigation or missing person investigation.
39 (7) "Forensic laboratory" means the Idaho bureau of forensic services of
40 the Idaho department of law enforcement state police.
41 (8) "Law enforcement purpose" means to assist federal, state or local
42 criminal justice and law enforcement agencies within and outside the state of
43 Idaho in identification or prosecution of sex crimes, violent crimes or other
44 crimes and the identification and location of missing and unidentified per-
45 sons.
46 (9) "Statewide DNA databank" means the state repository of DNA samples
47 collected under this chapter.
48 (10) "Statewide DNA database system" means the DNA record system adminis-
49 tered by the Idaho bureau of forensic services.
50 SECTION 46. That Section 19-5503, Idaho Code, be, and the same is hereby
51 amended to read as follows:
44
1 19-5503. RESPONSIBILITY FOR MANAGING DNA PROGRAMS -- BUREAU OF FORENSIC
2 SERVICES. The department of law enforcement Idaho state police through the
3 bureau of forensic services shall be responsible for the policy management and
4 administration of the state's database and databank identification program.
5 The bureau of forensic services shall be responsible for liaison with the FBI
6 regarding the state's participation in the CODIS program.
7 SECTION 47. That Section 19-5504, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 19-5504. IMPLEMENTATION OF THE CHAPTER -- RULES. The Idaho department of
10 law enforcement state police, in consultation with the Idaho attorney
11 general's office, the Idaho department of correction, the Idaho chiefs of
12 police association, the Idaho state sheriff's association, and the Idaho pros-
13 ecuting attorney's association, shall adopt policies, procedures and rules for
14 implementation of this chapter, and ensure that DNA samples are collected from
15 qualifying offenders in a timely manner. The director may designate additional
16 persons and organizations to provide consultation in implementing the provi-
17 sions of this chapter.
18 SECTION 48. That Section 19-5506, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 19-5506. SCOPE OF LAW -- OFFENDERS SUBJECT TO SAMPLE COLLECTION -- EARLY
21 COLLECTION OF SAMPLES. (1) Any person, including any juvenile tried as an
22 adult, who is convicted of, or pleads guilty to, any of the following crimes,
23 regardless of the form of judgment or withheld judgment, and regardless of the
24 sentence imposed or disposition rendered, shall be required to provide to the
25 department of law enforcement Idaho state police, a DNA sample and a right
26 thumbprint impression:
27 (a) Aggravated arson (section 18-805, Idaho Code);
28 (b) Aggravated assault (section 18-905, Idaho Code);
29 (c) Aggravated battery (section 18-907, Idaho Code);
30 (d) Assault with the intent to commit a serious felony (section 18-909,
31 Idaho Code);
32 (e) Battery with the intent to commit a serious felony (section 18-911,
33 Idaho Code);
34 (f) Injury to a child (section 18-1501(1), Idaho Code);
35 (g) Sexual abuse of a child under the age of sixteen years (section
36 18-1506, Idaho Code);
37 (h) Possession of sexually exploitive material for other than a commer-
38 cial purpose (section 18-1507A, Idaho Code);
39 (i) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
40 Code);
41 (j) Sexual battery of a minor child sixteen or seventeen years of age
42 (section 18-1508A, Idaho Code);
43 (k) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
44 (l) Manslaughter (section 18-4006(1) or (2), Idaho Code);
45 (m) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
46 (n) Mayhem (section 18-5001, Idaho Code);
47 (o) Rape (section 18-6101, Idaho Code);
48 (p) Robbery (section 18-6501, Idaho Code);
49 (q) Incest (section 18-6602, Idaho Code);
50 (r) Crime against nature (section 18-6605, Idaho Code);
51 (s) Forcible sexual penetration (section 18-6608, Idaho Code);
45
1 (t) Racketeering (section 18-7804, Idaho Code);
2 (u) Transfer of body fluid which may contain the HIV virus (section
3 39-608, Idaho Code);
4 (v) Failure to register as sex offender (sections 18-8304 and 18-8308,
5 Idaho Code).
6 (2) In addition to those crimes enumerated in subsection (1) of this sec-
7 tion, any person, including any juvenile tried as an adult, who is convicted
8 for an attempt to commit any of the following crimes, regardless of the form
9 of judgment or withheld judgment, and regardless of the sentence imposed or
10 disposition rendered, shall be required to provide to the department of law
11 enforcement Idaho state police, a DNA sample and a right thumbprint impres-
12 sion:
13 (a) Aggravated arson (section 18-805, Idaho Code);
14 (b) Sexual abuse of a child under the age of sixteen years (section
15 18-1506, Idaho Code);
16 (c) Injury to a child (section 18-1501(1), Idaho Code);
17 (d) Lewd conduct with minor child under sixteen (section 18-1508, Idaho
18 Code);
19 (e) Sexual battery of a minor child sixteen or seventeen years of age
20 (section 18-1508A, Idaho Code);
21 (f) Murder, any degree (sections 18-4001 and 18-4003, Idaho Code);
22 (g) Kidnapping, any degree (sections 18-4501 and 18-4502, Idaho Code);
23 (h) Mayhem (section 18-5001, Idaho Code);
24 (i) Rape (section 18-6101, Idaho Code);
25 (j) Robbery (section 18-6501, Idaho Code);
26 (k) Incest (section 18-6602, Idaho Code);
27 (l) Crime against nature (section 18-6605, Idaho Code);
28 (m) Forcible sexual penetration (section 18-6608, Idaho Code);
29 (n) Transfer of body fluid which may contain the HIV virus (section
30 39-608, Idaho Code).
31 (3) This chapter's requirements for submission to tests and procedures
32 for obtaining a DNA sample and thumbprint impression from the persons
33 described above are mandatory and apply to those persons convicted of such
34 crimes covered in this chapter prior to its effective date, and who, as a
35 result of the offense, are incarcerated in a county jail facility or a penal
36 facility or are under probation or parole supervision after the effective date
37 of this chapter.
38 (4) The collection of samples and impressions specified in this chapter
39 are required regardless of whether the person previously has supplied a DNA
40 sample to law enforcement agencies in any other jurisdiction.
41 (5) The requirements of this chapter are mandatory and apply regardless
42 of whether a court advises a person that samples and impressions must be pro-
43 vided to the databank and database as a condition of probation or parole.
44 (6) Persons who have been sentenced to death, or life without the possi-
45 bility of parole, or to any life or indeterminate term are not exempt from the
46 requirements of this chapter.
47 SECTION 49. That Section 19-5507, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 19-5507. RESPONSIBILITY FOR SAMPLE COLLECTION -- TIMING OF SAMPLE COLLEC-
50 TION -- SITE FOR SAMPLE COLLECTION. (1) A court shall order a DNA sample and
51 thumbprint impression to be taken after conviction and before sentencing of
52 any person upon application by the prosecuting attorney, the attorney general,
53 or the department of law enforcement Idaho state police upon a showing that
46
1 early collection of such samples will be in the best interest of justice. The
2 DNA samples shall be collected in accordance with procedures established by
3 the bureau of forensic services. The director may designate a state or county
4 correctional facility for sample collection.
5 (2) Any person, including any juvenile tried as an adult, who comes
6 within the terms of this chapter, and who is granted probation or who serves
7 an entire term of confinement in a state or county facility, or who otherwise
8 bypasses a prison inmate reception center shall, prior to physical release
9 from custody, be required to provide a DNA sample and thumbprint impression at
10 a department of law enforcement Idaho state police designated sample collec-
11 tion location. If the person is not incarcerated at the time of sentencing,
12 the court shall order the person to report within ten (10) working days to the
13 facilities designated for the collection of such specimens.
14 (3) The chief administrative officer of any state or local detention
15 facility, jail or other facility shall cause a DNA sample and thumbprint
16 impression to be collected from the person subject to this chapter during the
17 intake process at the facility, or immediately thereafter at another facility
18 designated for such collection, if DNA samples previously have not been taken
19 pursuant to this chapter.
20 (4) The director of the department of correction shall cause a DNA sample
21 and thumbprint impression to be collected from any person subject to the terms
22 of this chapter who has been sentenced to serve a term of imprisonment in a
23 state correctional institution and who has not had a DNA sample taken after
24 conviction and before sentencing. The DNA sample and thumbprint impression
25 shall be collected from the person during the intake process at the reception
26 center designated by the director of the department of correction as soon as
27 possible.
28 (5) Any person subject to the terms of this chapter who is serving a term
29 of imprisonment or confinement, and who did not, for any reason, provide a DNA
30 sample or thumbprint impression for analysis by the bureau of forensic ser-
31 vices, shall submit to such tests as soon as practicable, but in any event
32 prior to final discharge, parole, or release from imprisonment or confine-
33 ment. A person who was convicted prior to the effective date of this chapter
34 is not exempt from these requirements.
35 (6) As a condition of probation or parole, any person subject to the
36 terms of this chapter and who has not previously submitted a DNA sample and
37 thumbprint impression, shall upon notice by a law enforcement agency or an
38 agent of the department of correction, be required to provide a DNA sample and
39 thumbprint impression if it has been determined that such sample and thumb-
40 print impression are not in the possession of the bureau of forensic services.
41 That person is required to have the sample and impression taken within ten
42 (10) working days at the designated county or state facility.
43 (7) When the state accepts an offender from another state under any
44 interstate compact, or under any other reciprocal agreement with any county,
45 state or federal agency, or any other provision of law, whether or not the
46 offender is confined or released, the acceptance is conditional on the
47 offender providing a DNA sample and thumbprint impression if the offender was
48 convicted of an offense which would qualify as a crime described in section
49 19-5506, Idaho Code, if committed in this state, or if the person was con-
50 victed of an equivalent offense in any other jurisdiction. If the offender
51 from another state is not confined, the samples and impression required by
52 this chapter must be provided within ten (10) working days after the offender
53 reports to the supervising agent or within ten (10) working days of notice to
54 the offender, whichever occurs first. The person shall report to the desig-
55 nated sample collection facility or facilities to have the sample and impres-
47
1 sion taken. If the offender from another state is confined, he or she shall
2 provide the DNA sample and thumbprint impression as soon as practicable after
3 receipt in a state or county correctional facility or other facility, and, in
4 any event, before completion of the person's term of imprisonment, if that
5 person is to be discharged.
6 (8) Any inmate serving a term of incarceration for committing an offense
7 listed in section 19-5506, Idaho Code, who is released on parole, furlough, or
8 other release, and is returned to a state or local correctional institution
9 for a violation of a condition of that release, and that inmate has not previ-
10 ously provided a DNA sample and thumbprint impression, shall provide a sample
11 and impression upon returning to the state correctional institution.
12 SECTION 50. That Section 19-5510, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 19-5510. APPLICABILITY OF CHAPTER. Any person subject to the terms of
15 this chapter who has not provided a DNA sample and thumbprint impression for
16 any reason, including the person's release prior to the enactment of this
17 chapter, an oversight or error, or because of the person's transfer from
18 another jurisdiction shall give a DNA sample and thumbprint impression for
19 inclusion in the state's DNA database and databank within ten (10) working
20 days of such person being notified of this requirement by the department of
21 law enforcement Idaho state police, the department of correction or an officer
22 of the court. The samples and impressions shall be collected in a facility
23 designated by the department of law enforcement Idaho state police.
24 SECTION 51. That Section 19-5511, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 19-5511. COLLECTION AND FORWARDING OF SAMPLES -- LIABILITY -- USE OF
27 FORCE. (1) The director of the department of correction or the chief adminis-
28 trative officer of the detention facility, jail, other facility at which the
29 DNA sample and thumbprint impression were collected shall forward the samples
30 and impressions to the bureau of forensic services according to requirements
31 set forth in the bureau of forensic services rules.
32 (2) The bureau of forensic services shall provide all specimen collection
33 materials, thumbprint cards, mailing tubes, envelopes, labels and instructions
34 for the collection of the samples and thumbprint impressions. The DNA samples
35 and thumbprint impressions shall thereafter be forwarded to the bureau of
36 forensic services for analysis of DNA.
37 (3) The bureau of forensic services shall adopt rules specifying how DNA
38 samples are to be taken. The right thumbprint impression shall be taken on a
39 form prescribed by the department of law enforcement Idaho state police.
40 (4) No person or governmental agency shall be subject to civil or crimi-
41 nal liability for obtaining DNA samples or obtaining thumbprint impressions
42 absent a showing of reckless disregard for medically accepted practices or a
43 showing of malice.
44 (5) Duly authorized law enforcement and correction personnel shall employ
45 reasonable force in cases where an individual who is incarcerated refuses or
46 resists submission to procedures for collecting a DNA sample or thumbprint
47 impression authorized by this chapter, and no employee shall be subject to
48 criminal or civil liability for the reasonable use of force absent a showing
49 of malice.
50 SECTION 52. That Section 19-5513, Idaho Code, be, and the same is hereby
48
1 amended to read as follows:
2 19-5513. EXPUNGEMENT OF INFORMATION. (1) A person whose DNA profile has
3 been included in the database and databank pursuant to this chapter may make a
4 written request for expungement of materials from the database and databank on
5 the grounds that the conviction upon which the authority for including the DNA
6 profile was based has been reversed and the case dismissed.
7 (2) The person requesting expungement must send a copy of his request,
8 with proof of service on all parties to the following: the trial court which
9 entered the conviction or rendered disposition in the case; the bureau of
10 forensic services; and the prosecuting attorney of the county in which he was
11 convicted. The court has the discretion to grant or deny the request for
12 expungement. A trial court's denial of a request for expungement is an order
13 not subject to appeal.
14 (3) Except as provided below, the department of law enforcement Idaho
15 state police shall expunge the DNA sample and all indentifiable identifiable
16 information in the database and databank relating to the subject of the con-
17 viction upon receipt of a court order which verifies that the applicant has
18 made the necessary showing at a noticed hearing, and which includes the fol-
19 lowing documents:
20 (a) Written request for expungement pursuant to this section;
21 (b) A certified copy of the court order reversing and dismissing the con-
22 viction;
23 (c) Proof of written notice to the prosecuting attorney and the bureau of
24 forensic services that such expungement is being sought; and
25 (d) A court order finding that no retrial or appeal of the case is pend-
26 ing and verifying that at least sixty (60) days have passed since the
27 defendant has notified the prosecuting attorney and the bureau of forensic
28 services of the expungement request and that the court finds no reason,
29 based on the interests of justice, to deny expungement.
30 (4) Upon order of the court, the department of law enforcement Idaho
31 state police shall destroy the DNA sample relating to the subject of convic-
32 tion, unless the department state police determines that the person has other-
33 wise become obligated to submit to DNA sample and thumbprint impression as a
34 result of a separate conviction subject to the terms of this chapter.
35 (5) The bureau of forensic services is not required to destroy an item of
36 physical evidence obtained from the DNA sample if evidence relating to another
37 person subject to the provisions of this chapter would thereby be destroyed.
38 Notwithstanding this subsection, no sample, physical evidence or identifiable
39 information is affected by an order to set aside a conviction.
40 SECTION 53. That Section 19-5514, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 19-5514. LIMITATIONS ON DISCLOSURE OF INFORMATION. (1) All DNA profiles
43 retained by the bureau of forensic services pursuant to this chapter shall be
44 treated as confidential as provided by section 9-340 chapter 3, title 9, Idaho
45 Code.
46 (2) The DNA information shall be filed with the offender's file main-
47 tained by the department of law enforcement Idaho state police.
48 (3) The DNA information shall not be included in the state summary crimi-
49 nal history information.
50 (4) The DNA information, and thumbprint impressions, shall be released
51 only to law enforcement agencies, including, but not limited to, parole offi-
52 cers of the department of correction, hearing officers of the parole author-
49
1 ity, and prosecuting attorneys' offices, at the request of the agency, except
2 as specified in this chapter. Dissemination of this information to law
3 enforcement agencies and prosecuting attorneys' offices outside the state
4 shall be done in conformity with the provisions of this chapter.
5 (5) Any person who, by virtue of employment or official position, or any
6 person contracting to carry out any function under this chapter, including any
7 officers, employees and agents of such contractor who has possession of or
8 access to individual identifiable DNA information contained in the state DNA
9 database or databank and who willfully discloses such information in any man-
10 ner to any person or agency not entitled to receive it is guilty of a misde-
11 meanor.
12 (6) Furnishing DNA information or thumbprint comparison results to
13 defense counsel for criminal defense purposes in compliance with discovery is
14 not a violation of this section.
15 (7) It is not a violation of this section to disseminate statistical or
16 research information obtained from the offender's file, the computerized
17 databank system, or any of the bureau of forensic services' databases provided
18 that the subject of the file is not identified and cannot be identified from
19 the information disclosed. It is also not a violation of this section to
20 include information obtained from a file in a transcript or record of a judi-
21 cial proceeding or in any other public record when the inclusion of the infor-
22 mation in the public record is authorized by a court, statute or case law.
23 SECTION 54. That Section 20-516, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 20-516. APPREHENSION AND RELEASE OF JUVENILES -- DETENTION. (1) A peace
26 officer may take a juvenile into custody, or a private citizen may detain a
27 juvenile until the juvenile can be delivered forthwith into the custody of a
28 peace officer, without order of the court:
29 (a) When he has reasonable cause to believe that the juvenile has commit-
30 ted an act which would be a misdemeanor or felony if committed by an
31 adult; or
32 (b) When in the presence of a peace officer or private citizen the juve-
33 nile has violated any local, state or federal law or municipal ordinance;
34 or
35 (c) When there are reasonable grounds to believe the juvenile has commit-
36 ted a status offense. Status offenses are truancy, running away from or
37 being beyond the control of parents, guardian, or legal custodian and cur-
38 few violations. Status offenders shall not be placed in any jail facility
39 but instead may be placed in juvenile shelter care facilities, except in
40 the case of runaways, when there is a specific detention request from a
41 foreign jurisdiction to hold the juvenile pending transportation arrange-
42 ments.
43 (2) A peace officer may take a juvenile into custody upon a written order
44 or warrant signed by a judge. The judge may issue the order or warrant after
45 finding that there is reasonable cause to believe that the juvenile comes
46 within the purview of this chapter. Such taking into custody shall not be
47 deemed an arrest. Jurisdiction of the court shall attach from the time the
48 juvenile is taken into custody. When an officer takes a juvenile into custody,
49 he shall notify the parent, guardian or custodian of the juvenile as soon as
50 possible. Unless otherwise ordered by the court, or unless it appears to the
51 officer taking the juvenile into custody that it is contrary to the welfare of
52 society or the juvenile, such juvenile shall be released to the custody of his
53 parent or other responsible adult upon written promise, signed by such person,
50
1 to bring the juvenile to the court at a stated time. Such written promise
2 shall be submitted to the court as soon as possible. If such person shall fail
3 to produce the juvenile as agreed, or upon notice from the court, a summons
4 for such person may be issued by the court and a warrant may be issued for
5 apprehension of the juvenile.
6 (3) A juvenile taken into custody may be fingerprinted and photographed.
7 Any fingerprints and photographs taken shall be forwarded as provided in sub-
8 section (8) of this section. If the court finds good cause it may order any
9 fingerprints and photographs expunged.
10 (4) When a juvenile is not released he shall be taken forthwith to the
11 court or place of detention specified by the court and then not later than
12 twenty-four (24) hours, excluding Saturdays, Sundays and holidays, shall be
13 brought before the court for a detention hearing to determine where the juve-
14 nile will be placed until the next hearing. Status offenders shall not be
15 placed in any jail facility, but instead may be placed in juvenile shelter
16 care facilities.
17 Placements may include, but are not limited to, the following:
18 (a) Parents of the juvenile;
19 (b) Relatives of the juvenile;
20 (c) Foster care;
21 (d) Group care;
22 (e) A juvenile detention facility; or
23 (f) Community-based diversion programs.
24 (5) The person in charge of a detention facility shall give immediate
25 notice to the court that the juvenile is in his custody.
26 (6) No juvenile shall be held in detention longer than twenty-four (24)
27 hours, exclusive of Saturdays, Sundays and holidays, unless a petition has
28 been filed and the court has signed the detention order.
29 (7) As soon as a juvenile is detained by court order, his parents, guard-
30 ian or legal custodian shall be informed by notice in writing on forms pre-
31 scribed by the court that they may have a prompt hearing regarding release or
32 detention.
33 (8) A juvenile taken into detention for an offense shall be fingerprinted
34 and photographed. Fingerprints and photographs taken of juveniles shall be
35 forwarded to the appropriate law enforcement agency and filed with the bureau
36 of criminal identification of the Idaho department of law enforcement state
37 police which shall create a juvenile fingerprint file and enter the finger-
38 print data into the automated fingerprint identification system. The finger-
39 print data shall then be forwarded to the department to be maintained in a
40 statewide juvenile offender information system. Access to the information in
41 the juvenile offender system shall be controlled by the department, subject to
42 the provisions of section 9-342, Idaho Code. If the court finds good cause it
43 may order the fingerprints and photographs of the juvenile expunged.
44 (9) Peace officers' records of juveniles shall be kept separate from
45 records of adults and shall be subject to disclosure according to chapter 3,
46 title 9, Idaho Code.
47 SECTION 55. That Section 21-112A, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 21-112A. OPERATING AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS
50 OR ANY OTHER INTOXICATING SUBSTANCES. (1) It is unlawful for any person to
51 pilot or be in actual physical control of an aircraft within this state,
52 whether upon an airport or body of water, or in the airspace over this state:
53 (a) Within eight (8) hours after the consumption of any alcoholic bever-
51
1 age;
2 (b) While under the influence of alcohol;
3 (c) While using any drug that affects the person's faculties in any way
4 contrary to safety; or
5 (d) While having an alcohol concentration of 0.04 as defined in subsec-
6 tion (5) of this section, or more, as shown by analysis of his blood,
7 urine, or breath.
8 (2) Any person having an alcohol concentration of less than 0.04 as
9 defined in subsection (5) of this section, as shown by analysis of his blood,
10 urine, breath, or other bodily substance, by a test requested by an authorized
11 law enforcement officer shall not be prosecuted for operating an aircraft
12 while under the influence of alcohol, except as provided in subsection (3) of
13 this section. Any person who does not take a test to determine alcohol concen-
14 tration or whose test result is determined by the court to be unreliable or
15 inadmissible against him, may be prosecuted for piloting or being in actual
16 physical control of an aircraft while under the influence of alcohol, drugs,
17 or any other intoxication intoxicating substances, on other competent evi-
18 dence.
19 (3) If the results of the test requested by an authorized law enforcement
20 officer show a person's alcohol concentration of less than 0.04, as defined in
21 subsection (5) of this section, such fact may be considered with other compe-
22 tent evidence of drug use other than alcohol in determining the guilt or inno-
23 cence of the defendant.
24 (4) Persons authorized to withdraw blood for the purposes of determining
25 content of alcohol or other intoxicating substances are those persons autho-
26 rized in section 18-8003, Idaho Code.
27 (5) For purposes of this chapter, an evidentiary test for alcohol concen-
28 tration is a determination of the per cent percent by weight of alcohol in
29 blood and shall be based upon a formula of grams of alcohol per one hundred
30 (100) cubic centimeters of blood, per two hundred ten (210) liters of breath
31 or sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath
32 for the purpose of determining the blood alcohol concentration shall be per-
33 formed by a laboratory operated by the Idaho department of law enforcement
34 state police or by a laboratory approved by the Idaho department of law
35 enforcement state police under the provisions of approval and certification
36 standards to be set by that department, or by any other method approved by the
37 Idaho department of law enforcement state police. Notwithstanding any other
38 provision of law or rule of court, the results of any test for alcohol concen-
39 tration and records relating to calibration, approval, certification or qual-
40 ity control performed by a laboratory operated or approved by the Idaho
41 department of law enforcement state police or by any other method approved by
42 the Idaho department of law enforcement state police shall be admissible in
43 any proceeding in this state without the necessity of producing a witness to
44 establish the reliability of the testing procedure for examination.
45 (6) It is unlawful for any person who is an habitual user of, or under
46 the influence of any narcotic drug, or who is under the influence of any other
47 drug or any combination of alcohol and any drug to a degree which renders him
48 incapable of safely piloting an aircraft, to pilot or be in actual physical
49 control of an aircraft on an airport, body of water, or in the airspace above
50 the state of Idaho. The fact that any person charged with a violation of the
51 provisions of this subsection is or has been entitled to use such drug under
52 the laws of this state shall not constitute a defense against any charge of a
53 violation of the provision on of this subsection.
54 (7) Notwithstanding any other provision of law, any evidence of convic-
55 tion under this section shall be admissible in any civil action for damages
52
1 resulting from the occurrence. A conviction for the purposes of this section
2 means that the person has pled guilty or has been found guilty, not
3 withstanding the form of the judgment or withheld judgment.
4 SECTION 56. That Section 23-603, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 23-603. DISPENSING TO MINOR. Any person who shall sell, give, or furnish,
7 or cause to be sold, given, or furnished, alcohol beverage, including any dis-
8 tilled spirits, beer or wine, to a person under the age of twenty-one (21)
9 years shall be guilty of a misdemeanor. A second or subsequent violation of
10 this section by the same defendant shall constitute a felony. Upon conviction
11 of any person for a violation of the provisions of this section, the court
12 shall notify the director of the department of law enforcement Idaho state
13 police. The director shall review the circumstances of the conviction, and if
14 the dispensing took place at a licensed establishment or other retailer or
15 distributor, the director may take administrative action he considers appro-
16 priate against the licensee or business including suspension of the license
17 for not to exceed six (6) months, a fine, or both such suspension and fine.
18 SECTION 57. That Section 23-608, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 23-608. ADDED PENALTY -- FORFEITURE OF LICENSE OR PERMIT -- TRANSMISSION
21 OF RECORD. Whenever, in any court in this state, a defendant is convicted of a
22 violation of title 23, Idaho Code, or of any law of this state relating to
23 alcohol beverages including distilled spirits, beer or wine, or in any case in
24 which it appears that the crime was committed while the defendant was under
25 the influence of alcohol beverages, it shall be the duty of the court to
26 include in its judgment the forfeiture of any license or permit issued to the
27 defendant by the state liquor dispensary or the department of law enforcement
28 Idaho state police pursuant to title 23, Idaho Code, and the court shall
29 forthwith transmit to the issuing authority a certified copy of its judgment.
30 SECTION 58. That Section 23-804, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 23-804. DUTIES OF THE DEPARTMENT OF LAW ENFORCEMENT IDAHO STATE POLICE
33 AND OFFICERS THEREOF. The department of law enforcement Idaho state police and
34 the director thereof are hereby charged with the responsibility and duty of
35 assisting in the policing of the state of Idaho to enforce and require the
36 enforcement of the penal provisions of the Idaho Lliquor Aact in addition to
37 other duties imposed upon them by law, notwithstanding the duties now, or
38 which may be hereafter imposed upon sheriffs, police, or other officers to
39 enforce the provisions of such laws. To accomplish such enforcement it is
40 hereby made the duty of said director and every officer of the department of
41 law enforcement Idaho state police, whether employed specifically for the
42 enforcement of the liquor act, or otherwise, to officially report every viola-
43 tion of such liquor act of which they have knowledge, or which is made known
44 to them, to the sheriff, and prosecuting attorney of the respective county or
45 counties in which such violations occur and sign complaints for such viola-
46 tions, which complaints said prosecuting attorney, sheriff, and other officers
47 shall faithfully prosecute.
48 Said department of law enforcement Idaho state police under the direction
49 of the director thereof shall conduct investigations to obtain facts involving
53
1 violations of the provisions of such laws and the said director shall appoint
2 a chief of enforcement of such laws and may employ expert investigators,
3 detectives, and secret officers to obtain such information and assist in such
4 policing and enforcement.
5 SECTION 59. That Section 23-805, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 23-805. DUTIES OF PROSECUTING ATTORNEYS, SHERIFFS, AND OTHER OFFICERS. It
8 shall be the duty of the superintendent of the state liquor dispensary and
9 every prosecuting attorney, sheriff, police or other peace officer to cooper-
10 ate with the department of law enforcement Idaho state police in the enforce-
11 ment of such laws, and any such officer refusing to so cooperate or divulge
12 any information he may have in any such prosecution shall be subject to action
13 against him as provided in chapter 41, title 19, Idaho Code. Any such action
14 may be brought in the name of the state of Idaho by any resident of the
15 county, or officer of the state or county. Upon the conviction of a person for
16 a violation of the provisions of the Idaho liquor act, or of the provisions of
17 chapter 9, title 23, Idaho Code, the judge of the court imposing the judgment
18 of conviction shall immediately send to the director of the department of law
19 enforcement Idaho state police a statement setting forth the title of the
20 court, the name and residence of the defendants, the nature of the offense and
21 the fine and sentence or judgment imposed.
22 SECTION 60. That Section 23-807, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 23-807. COMPELLING ATTENDANCE OF WITNESSES -- IMMUNITY OF WITNESSES --
25 AUTHORITY OF ENFORCEMENT OFFICERS. The director of the department of law
26 enforcement Idaho state police and any prosecuting attorney of any county, for
27 the purposes contemplated by this act, have power to issue subpoenas, compel
28 the attendance of witnesses, administer oaths, certify to official acts, take
29 depositions within and without the state of Idaho, as now provided by law,
30 compel the production of pertinent books, payrolls, accounts, papers, records,
31 documents and testimony. If a person in attendance before such director or
32 prosecuting attorney refuses, without reasonable cause, to be examined or to
33 answer a legal and pertinent question, or to produce a book or paper or other
34 evidence when ordered so to do by the director or prosecuting attorney, said
35 director or prosecuting attorney may apply to the judge of the district court
36 of the county where such person is in attendance, upon affidavit for an order
37 returnable not less than two (2) or more than five (5) days, directing such
38 person to show cause before such judge, or any other judge of such district,
39 why he should not be punished for contempt; upon the hearing of such order, if
40 the judge shall determine that such person has refused, without reasonable
41 cause or legal excuse, to be examined or to answer a legal or pertinent ques-
42 tion, or to produce a book or paper which he was ordered to bring or produce,
43 he may forthwith punish the offender as for contempt of court.
44 No person shall be excused from testifying or from producing any books or
45 papers or documents in any investigation or inquiry by or upon any hearing
46 before any officer so authorized upon the ground that the testimony or evi-
47 dence, books, papers or documents required of him may tend to incriminate him
48 or subject him to penalty or forfeiture; but no person shall be prosecuted,
49 punished or subjected to any penalty or forfeiture for or on account of any
50 act, transaction, matter or thing concerning which he shall, under oath, have,
51 by order of the said officer, testified to or produced documentary evidence
54
1 of; provided, however, that no person so testifying shall be exempt from pros-
2 ecution or punishment for any perjury testified by him.
3 Subpoenas shall be served and witness fees and mileage paid as allowed in
4 civil cases in the district courts of this state.
5 Inspectors and investigators employed by the department of law enforcement
6 Idaho state police for the enforcement of this act shall have all the author-
7 ity given by statute to peace officers of the state of Idaho, including
8 authority to serve and execute warrants of arrest and warrants of search and
9 seizure.
10 SECTION 61. That Section 23-901, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 23-901. DECLARATION OF POLICY -- RETAIL SALE OF LIQUOR. It is hereby
13 declared as the policy of the state of Idaho that it is necessary to further
14 regulate and control the sale and distribution within the state of alcoholic
15 beverages and to eliminate certain illegal traffic in liquor now existing and
16 to insure the entire control of the sale of liquor it is advisable and neces-
17 sary, in addition to the operation of the state liquor stores now provided by
18 law, that the director of the department of law enforcement of the state of
19 Idaho state police and the county commissioners and the councils of cities in
20 the state of Idaho be empowered and authorized to grant licenses to persons
21 qualified under this act to sell liquor purchased by them at state liquor
22 stores at retail posted prices in accordance with this act and under the rules
23 and regulations promulgated by said director and under his strict supervision
24 and control and to provide severe penalty for the sale of liquor except by and
25 in state liquor stores and by persons licensed under this act. The restric-
26 tions, regulations rules, and provisions contained in this act are enacted by
27 the legislature for the protection, health, welfare and safety of the people
28 of the state of Idaho and for the purpose of promoting and encouraging temper-
29 ance in the use of alcoholic beverages within said the state of Idaho.
30 SECTION 62. That Section 23-902, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 23-902. DEFINITIONS. The following words and phrases used in this chapter
33 shall be given the following interpretation:
34 (1) "Club" includes any of the following organizations where the sale of
35 spirituous liquor for consumption on the premises is made to members and to
36 bona fide guests of members only:
37 (a) A post, chapter, camp or other local unit composed solely of veterans
38 and their duly recognized auxiliary, and which is a post, chapter, camp or
39 other local unit composed solely of veterans which has been chartered by
40 the congress of the United States for patriotic, fraternal or benevolent
41 purposes, and which has, as the owner, lessee or occupant, operated an
42 establishment for that purpose in this state; or
43 (b) A chapter, aerie, parlor, lodge or other local unit of an American
44 national fraternal organization, which has as the owner, lessee or occu-
45 pant, operated an establishment for fraternal purposes in this state and
46 actively operates in not less than thirty-six (36) states or has been in
47 continuous existence for not less than twenty (20) years; and which has
48 not less than fifty (50) bona fide members in each unit, and which owns,
49 maintains or operates club quarters, and is authorized and incorporated to
50 operate as a nonprofit club under the laws of this state, and which has
51 recognized tax exempt status under section 501(c)(8) or 501(c)(10) of the
55
1 Internal Revenue Code, and has been continuously incorporated and operat-
2 ing for a period of not less than one (1) year. The club shall have had
3 during that period of one (1) year, a bona fide membership with regular
4 meetings conducted at least once each month, and the membership shall be
5 and shall have been actively engaged in carrying out the objects of the
6 club. The club membership shall consist of bona fide dues paying members,
7 recorded by the secretary of the club, paying at least six dollars ($6.00)
8 per year in dues, payable monthly, quarterly or annually; and the members
9 at the time of application for a club license shall be in good standing,
10 having paid dues for at least one (1) full year.
11 (2) "Convention" means a formal meeting of members, representatives, or
12 delegates, as of a political party, fraternal society, profession or industry.
13 (3) "Director" means the director of the department of law enforcement of
14 the state of Idaho state police.
15 (4) "Gaming" means any and all gambling or games of chance defined in
16 chapters 38 and 49, title 18, Idaho Code, or any section or sections thereof,
17 whether those games are licensed or unlicensed.
18 (5) "Interdicted person" means a person to whom the sale of liquor is
19 prohibited under law.
20 (6) "License" means a license issued by the director to a qualified per-
21 son, under which it shall be lawful for the licensee to sell and dispense
22 liquor by the drink at retail, as provided by law.
23 (7) "Licensee" means the person to whom a license is issued under the
24 provisions of law.
25 (8) "Liquor" means all kinds of liquor sold by and in a state liquor
26 store of the state of Idaho.
27 (9) "Municipal license" means a license issued by a municipality of the
28 state of Idaho under the provisions of law.
29 (10) "Party" means a social gathering especially for pleasure or amusement
30 and includes, but is not limited to, such social events as weddings, birth-
31 days, and special holiday celebrations to include, but not be limited to, New
32 Year's celebrations, Super Bowl Sunday, St. Patrick's Day, the Fourth of July
33 and Labor Day.
34 (11) "Person" means every individual, partnership, corporation, organiza-
35 tion, or association holding a retail liquor license, whether conducting the
36 business singularly or collectively.
37 (12) "Premises" means the building and contiguous property owned, or
38 leased or used under a government permit by a licensee as part of the business
39 establishment in the business of sale of liquor by the drink at retail, which
40 property is improved to include decks, docks, boardwalks, lawns, gardens, golf
41 courses, ski resorts, courtyards, patios, poolside areas or similar improved
42 appurtenances in which the sale of liquor by the drink at retail is authorized
43 under the provisions of law.
44 (13) "Rules" means rules promulgated by the director in accordance with
45 the provisions of law.
46 (14) "State liquor store" means a liquor store or distributor established
47 under and pursuant to the laws of the state of Idaho for the package sale of
48 liquor at retail.
49 SECTION 63. That Section 23-903, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 23-903. LICENSE TO RETAIL LIQUOR. The director of the department of law
52 enforcement Idaho state police is hereby empowered, authorized, and directed
53 to issue licenses to qualified applicants, as herein provided, whereby the
56
1 licensee shall be authorized and permitted to sell liquor by the drink at
2 retail and, upon the issuance of such license, the licensee therein named
3 shall be authorized to sell liquor at retail by the drink, but only in accor-
4 dance with the rules promulgated by the director and the provisions of this
5 chapter. No license shall be issued for the sale of liquor on any premises
6 outside the incorporated limits of any city except as provided in this chapter
7 and the number of licenses so issued for any city shall not exceed one (1)
8 license for each one thousand five hundred (1,500) of population of said city
9 or fraction thereof, as established in the last preceding census, or any sub-
10 sequent special census conducted by the United States bureau of the census or
11 by an estimate that is statistically valid including adding the number of new
12 residential utility connections or including adding the population of areas
13 annexed into the city after the last census or special census was conducted,
14 except that upon proper application thereof not more than two (2) licenses may
15 be issued for each incorporated city with a population of one thousand five
16 hundred (1,500) or less, unless the retail licensing of liquor by the drink
17 has been previously disapproved under the provisions of sections 23-917,
18 23-918, 23-919, 23-920 and 23-921, Idaho Code; provided, however, that any
19 license heretofore issued may be renewed from year to year without regard to
20 the population or status of the city for which such license is issued. Any
21 license issued and which has remained in effect at its location for a consecu-
22 tive period of ten (10) years or more shall be deemed to have been validly
23 issued and may be renewed from year to year provided, however, that the appli-
24 cant for the renewal of such license is not otherwise disqualified for licen-
25 sure pursuant to section 23-910, Idaho Code, and, if the premises required
26 special characteristics for original licensure, other than being either within
27 or without the incorporated limits of a city, that said premises continue to
28 have such special characteristics at the time of the application for renewal.
29 Nothing herein contained shall prohibit the issuance of a license to the
30 owner, operator, or lessee of an actual, bona fide golf course whether located
31 within or without the limits of any city, or located on premises also operated
32 as a winery, or ski resort, or to the lessee of any premises situate thereon,
33 no part of which ski resort or the premises thereon is situate within the
34 incorporated limits of any city. For the purpose of this section a golf course
35 shall comprise an actual, bona fide golf course, which is regularly used for
36 the playing of the game of golf, and having not less than nine (9) tees,
37 fairways and greens laid out and used in the usual and regular manner of a
38 golf course. Nine (9) hole courses must have a total yardage of at least one
39 thousand (1,000) yards, and eighteen (18) hole courses must have a total
40 yardage of at least two thousand (2,000) yards as measured by totaling the
41 tee-to-green distance of all holes. The course must be planted in grass except
42 that it may provide artificial tee mats. Where any such golf course is owned
43 or leased by an association of members and is used or enjoyed by such members,
44 or their guests, none of the disqualifications contained in section 23-910,
45 Idaho Code, shall apply to such association as a licensee where such disquali-
46 fications, or any of them, would apply only to a member of such association
47 where such member has no interest therein except as a member thereof.
48 Also for the purpose of this section a ski resort shall comprise real
49 property of not less than ten (10) acres in size, exclusive of the terrain
50 used for skiing and upon which the owner, operator, or lessee of the ski
51 resort has made available himself, or through others, including, but not lim-
52 ited to, the owners of condominiums, permanent bona fide overnight accommoda-
53 tions available to the general public for one hundred (100) persons or more,
54 and which real property is contiguous to or located within the area in which
55 skiing occurs, and which real property is regularly operated as a ski resort
57
1 in the winter time, and where the owner, operator, or lessee of the ski resort
2 is also the owner, operator, or lessee of the area served by a bona fide chair
3 ski lift facility or facilities. Alternatively, for the purpose of this sec-
4 tion a ski resort may also be defined as a downhill ski area, open to the pub-
5 lic, comprising real property of not less than two hundred fifty (250) skiable
6 acres, operating two (2) or more chair lifts with a vertical lift of one thou-
7 sand (1,000) feet or more, and capable of transporting a minimum of one thou-
8 sand eight hundred (1,800) skiers per hour. A ski resort qualifying under this
9 definition shall also have on the premises a lodge facility providing shelter
10 and food service to the public, the operator of which shall also be the valid
11 owner or lessee of the grounds and facilities upon which the ski resort offers
12 downhill skiing services to the public. The fees for licenses granted to ski
13 resorts shall be the same as those prescribed for golf courses as set forth in
14 section 23-904, Idaho Code. Not more than one (1) licensed premises shall be
15 permitted on any golf course or any ski resort or within the area comprising
16 the same.
17 Nothing herein contained shall prohibit the issuance of a license to the
18 owner, operator or lessee of an actual, bona fide equestrian facility located
19 on not less than forty (40) contiguous acres, with permanently erected seating
20 of not less than six thousand (6,000) seats, no part of which equestrian
21 facility or the premises thereon is situate within the incorporated limits of
22 any city, and which facility shall have at least three (3) days per year of a
23 professionally sanctioned rodeo. Not more than one (1) licensed premises shall
24 be permitted at any equestrian facility or within an area comprising such a
25 facility. The license shall be solely for the equestrian facility and shall
26 not be transferred to any other location. The fees for licenses granted to
27 equestrian facilities shall be the same as those prescribed for golf courses
28 as set forth in section 23-904, Idaho Code.
29 Nothing herein contained shall prohibit the issuance of a license to the
30 owner, operator, or lessee of a restaurant operated on an airport owned or
31 operated by a county or municipal corporation or on an airport owned or oper-
32 ated jointly by a county and municipal corporation, and which said airport is
33 served by a trunk or local service air carrier holding a certificate of public
34 convenience and necessity issued by the Civil Aeronautics Board of the United
35 States of America. Not more than one (1) license shall be issued on any air-
36 port.
37 Nothing herein contained shall prohibit the issuance of one (1) club
38 license to a club as defined in section 23-902, Idaho Code. The holder of a
39 club license is authorized to sell and serve alcoholic beverages for consump-
40 tion only within the licensed establishment owned, leased or occupied by the
41 club, and only to bona fide members of the club, and to serve and to sell
42 alcoholic beverages for consumption to bona fide members' guests. A club
43 license issued pursuant to the provisions of this section is not transferable
44 and may not be sold. Any club license issued pursuant to the provisions of
45 this section will revert to the director when, in his judgment, the licensee
46 ceases to operate as a bona fide club as defined in section 23-902, Idaho
47 Code. No club may hold a liquor license and a club license simultaneously. A
48 club which on July 1, 1983, holds a liquor license, may continue to possess
49 that license. Any club which possesses a liquor license on January 1, 1983, or
50 thereafter, and then sells that liquor license, may not obtain a club license,
51 and the director shall not issue a club license to that club for a period of
52 five (5) years following such sale. The fee for any license issued to a quali-
53 fying club within an incorporated municipality shall be as prescribed in sub-
54 sections (a), (b) and (c) of section 23-904, Idaho Code. The fee for any
55 license issued to a qualifying club not situate within an incorporated munici-
58
1 pality shall be as specified for golf courses under section 23-904(f), Idaho
2 Code. The provisions of section 23-916, Idaho Code, regarding county and city
3 licenses, shall pertain to club licenses. The burden of producing sufficient
4 documentation of qualifications for club licensure shall be with the club
5 applicant.
6 Nothing in this chapter to the contrary shall prohibit the issuance of a
7 license to the owner, operator, or lessee of an actual, bona fide convention
8 center which is within the incorporated limits of a city having a population
9 of three thousand (3,000) or greater, and which city does not have located
10 therein a convention center with a valid convention center license to sell
11 liquor by the drink. For the purpose of this section, a convention center
12 means a facility having at least thirty-five thousand (35,000) square feet of
13 floor space or a facility having at least one hundred twenty (120) sleeping
14 rooms and an adjoining meeting room which will accommodate not less than three
15 hundred fifty (350) persons, whether or not such room may be partitioned into
16 smaller rooms, and provided that such meeting room shall contain at least
17 three thousand (3,000) square feet of floor space. Such license must be placed
18 in actual use in said convention center within one (1) year from the date of
19 its issuance. The fee for any license issued to a qualifying convention center
20 shall be as prescribed in subsection (c) of section 23-904, Idaho Code. No
21 license issued to a convention center hereunder shall be transferable to
22 another location or facility, nor shall the holder of a convention center
23 license be eligible for the issuance of a license in the same city pursuant to
24 any other provision of this chapter. For purposes of this section, the term
25 holder shall include an owner, operator or lessee and shall include a stock-
26 holder, director, or officer of a corporation, or a partner in a partnership,
27 which corporation or partnership has been issued a convention center license
28 pursuant to this chapter. Not more than one (1) licensed premises shall be
29 permitted on any convention center or within the area comprising the same,
30 including convention centers that also comprise golf courses or ski resorts as
31 herein defined.
32 Nothing in this chapter shall prohibit the issuance of a license to the
33 owner, operator or lessee of a food, beverage and/or lodging facility that has
34 been in continuous operation in the same location for at least seventy-five
35 (75) years, except for temporary closings for refurbishing or reconstruction,
36 or a food, beverage and lodging facility serving the public by reservation
37 only, having a minimum of five (5) rooms operating in a structure that has
38 been in existence for at least seventy-five (75) years and has been on the
39 historic register for a minimum of ten (10) years, is situated within five
40 hundred (500) yards of a natural lake containing a minimum of thirty-six thou-
41 sand (36,000) acre feet of water when full with a minimum of thirty-two (32)
42 miles of shoreline, and is located in a county with a minimum population of
43 sixty-five thousand (65,000). The provisions of section 23-910, Idaho Code,
44 shall apply to licenses issued to continuous operation facilities. The fees
45 shall be the same as those prescribed for golf courses as set forth in section
46 23-904, Idaho Code. Licenses issued to continuous operation facilities are not
47 transferable.
48 Nothing in this chapter shall prohibit the issuance of a license to the
49 owner, operator or lessee of the lodging, dining and entertainment facilities
50 owned by a gondola resort complex and operated in conjunction with the other
51 public services provided by a gondola resort complex located within the
52 ownership/leasehold boundaries of a gondola resort complex.
53 A gondola resort complex means an actual, bona fide gondola capable of
54 transporting people for recreational and/or entertainment purposes at least
55 three (3) miles in length with a vertical rise of three thousand (3,000) feet,
59
1 portions of which may be located within or over the limits of one (1) or more
2 cities.
3 Nothing in this chapter shall prohibit the issuance of a license to the
4 owner, operator or lessee of a winery also operating a golf course on the
5 premises.
6 The provisions of section 23-910, Idaho Code, shall apply to licenses
7 issued under the provisions of this subsection. The fees shall be the same as
8 those prescribed for golf courses as set forth in section 23-904, Idaho Code.
9 Licenses issued under the provisions of this subsection are not transferable.
10 SECTION 64. That Section 23-934C, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 23-934C. REGULATORY AND PENALTY PROVISIONS APPLICABLE. All of the regula-
13 tory and penal provisions of title 23, Idaho Code, shall apply to the exercise
14 of alcohol beverage catering permits, including the penalties for violations
15 thereof, except such provisions declared to be inapplicable to alcohol bever-
16 age catering permits by rules prescribed by the director of law enforcement
17 the Idaho state police; provided, however, the director shall have no power to
18 declare inapplicable any of the provisions of section 23-927, Idaho Code.
19 SECTION 65. That Section 23-950, Idaho Code, as added by Section 1, Chap-
20 ter 56, Laws of 1981, be, and the same is hereby amended to read as follows:
21 23-9501. DISTILLED SPIRITS FUELS. (1) Any person, partnership, associa-
22 tion or corporation registered to produce alcohol for use in motor fuels and
23 in possession of a federal operating permit pursuant to title 27, code of fed-
24 eral regulations, part 201.131 - 201.138 or part 201.64, 201.65 shall not be
25 deemed to be making alcoholic liquor within the meaning of section 23-105,
26 Idaho Code, provided:
27 (a) Such person, partnership, association or corporation prior to com-
28 mencing operation furnishes the department of law enforcement Idaho state
29 police with a true copy of the operating permit application described in
30 title 27, code of federal regulations, part 201.137 or 201.65 and a true
31 copy of the operating permit or other authorizing document;
32 (b) Such person, partnership, association or corporation faithfully com-
33 plies with all security and supervision requirements of the federal gov-
34 ernment; and
35 (c) Alcohol possessed or produced under the federal operating permit is
36 not used, sold or made available for human consumption.
37 (2) The department of law enforcement Idaho state police shall maintain a
38 list of persons, partnerships, associations or corporations in the state of
39 Idaho who hold federal operating permits as described in subsection (1) of
40 this section.
41 SECTION 66. That Section 23-1001, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 23-1001. DEFINITIONS. As used in this chapter:
44 (a) The word "beer" means any beverage obtained by the alcoholic fermen-
45 tation of an infusion or decoction of barley, malt and/or other ingredients in
46 drinkable water.
47 (b) The word "brewer" means a person licensed to manufacture beer.
48 (c) "Certificate of approval" means a license issued to a person whose
49 business is located outside of the state of Idaho, who sells beer to whole-
60
1 salers or brewers located within the state of Idaho.
2 (d) The term "dealer" means a person licensed to import beer into this
3 state for sale to a wholesaler.
4 (e) The word "director" means the director of the department of law
5 enforcement Idaho state police.
6 (f) The word "person" includes any individual, firm, copartnership, asso-
7 ciation, corporation or any group or combination acting as a unit, and the
8 plural as well as the singular number unless the intent to give a more limited
9 meaning is disclosed by the context.
10 (g) The word "premises" means the building and contiguous property owned,
11 or leased or used under government permit by a licensee as part of the busi-
12 ness establishment in the business of sale of beer at retail, which property
13 is improved to include decks, docks, boardwalks, lawns, gardens, golf courses,
14 ski resorts, courtyards, patios, poolside areas or similar improved appurte-
15 nances in which the sale of beer at retail is authorized under the provisions
16 of law.
17 (h) The word "retailer" means a person licensed to sell beer to consumers
18 at premises described in the license.
19 (i) The word "wholesaler" means any person licensed to sell beer to
20 retailers, wholesalers, permittees or consumers and distribute beer from ware-
21 house premises described in the license.
22 SECTION 67. That Section 23-1007A, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 23-1007A. BEER SOLD OR DONATED FOR BENEVOLENT, CHARITABLE OR PUBLIC PUR-
25 POSES -- PERMIT REQUIRED. (1) Notwithstanding the provisions of section
26 23-1007, Idaho Code, to the contrary, nothing shall prevent any licensed
27 dealer, wholesaler or retailer from selling or donating unbroken packages of
28 beer or kegs of beer to a person which has not been issued any license for the
29 sale of alcoholic beverages in this state, for benevolent, charitable or pub-
30 lic purposes if a permit has been issued to the person or nonprofit entity as
31 provided in subsection (2) of this section.
32 (2) Upon application to the director of the department of law enforcement
33 Idaho state police, the director may issue a permit authorizing the sale or
34 dispensing of beer by a person if the director is satisfied that the proceeds,
35 after deducting reasonable expenses incurred, will be donated for a benevo-
36 lent, charitable or public purpose. The director shall prescribe the form of
37 the application which may require:
38 (a) Disclosure of names of sponsors;
39 (b) Quantities and types of beer products to be used at the event;
40 (c) Names of the dealer or wholesaler from whom the beer is to be
41 received;
42 (d) The retailer, if any, designated by such person or nonprofit entity
43 to receive, store or dispense beer on behalf of the permittee;
44 (e) Dates and hours during which the permit is to be effective, not to
45 exceed three (3) consecutive days;
46 (f) That the applicant submit a report to the director subsequent to the
47 benevolent, charitable or public purpose event showing the disposition of
48 funds from the event; and
49 (g) Such other information directly related to the event and the appli-
50 cant that the director may require.
51 The director shall collect a twenty dollar ($20.00) fee for each permit
52 issued.
53 (3) Should the director determine that an applicant, permittee or its
61
1 representative is violating or has in the past violated any law pertaining to
2 the dispensing or sale of beer by a licensed retailer relating to hours of
3 sale, relating to restrictions concerning age provided in section 23-1013,
4 Idaho Code, or has failed in the past to submit such information as may have
5 been requested by the director, such permit may be summarily suspended by the
6 director prior to hearing, or may be denied or cancelled pending a hearing.
7 (4) A licensed retailer may, on behalf of the permittee, receive or store
8 beer to be used at the event and may dispense such beer to attendees of the
9 benevolent, charitable or public purpose event for which the permit was
10 issued.
11 SECTION 68. That Section 23-1009, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 23-1009. RETAILERS' LOCAL LICENSES. No retailer shall sell beer within
14 this state, until he or it shall be licensed therefor by a municipality, if
15 the business is to be conducted therein, and by the county wherein said busi-
16 ness is to be conducted, and by the director. Applications for retailer's
17 licenses shall be made under oath first to the director of the department of
18 law enforcement Idaho state police, and if the license be issued, to the
19 county and then to the municipality, upon forms to be supplied by each, which
20 forms shall require that the applicant show that the applicant possesses all
21 of the qualifications and none of the disqualifications of a retailer licensee
22 under this act, and, as to the municipal license, under any ordinance thereof.
23 Each application shall be accompanied with the required license fee. If the
24 applications conform hereto the director, county and municipality respec-
25 tively, shall each issue a retailer's license to the applicant, subject to the
26 restrictions and upon the conditions in this act specified, and, as to the
27 municipal license, in the ordinance aforesaid. Said licenses shall at all
28 times be prominently displayed in the place of business of the licensee, and
29 shall be issued only for the particular premises described therein, but the
30 municipality, county and director may permit a transfer to other particularly
31 described premises. No license transferred by process of law or otherwise
32 shall authorize the transferee, including any executor, administrator or
33 trustee in bankruptcy of the estate of the licensee, to retail beer thereunder
34 until the transferee shall have filed under oath applications therefor con-
35 taining substantially the same information required of an applicant for a
36 license, and if the transferee possesses the qualifications and none of the
37 disqualifications for a license as herein provided, the director, county and
38 municipality shall approve such transfer and issue a license so to show. The
39 transferee shall accompany the state application for transfer with, and shall
40 pay, the fee as set out in section 23-1005A, Idaho Code. Such transferee shall
41 accompany each such county and municipality application for transfer with, and
42 shall pay, the sum of five dollars ($5.00).
43 SECTION 69. That Section 23-1011, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 23-1011. ISSUANCE OF LICENSES. Notwithstanding any other provision of
46 chapter 10, title 23, Idaho Code, all applications for retail sale of beer
47 licenses, renewals, or transfers thereof, shall be first presented to the
48 director of the department of law enforcement Idaho state police for approval
49 and issuance of the state license required by state law. If the license,
50 renewal or transfer thereof is approved by the director, then such license,
51 renewal or transfer thereof may be issued by the city or county, or both, as
62
1 the case may be. Approval of such license, renewal or transfer thereof may be
2 by endorsement upon the state license or by the issuance of an additional
3 license, at the option of the city or county.
4 SECTION 70. That Section 23-1018, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 23-1018. SALE OF KEG BEER -- PENALTIES. (1) Retail and wholesale licen-
7 sees selling keg beer for consumption off licensed premises shall place an
8 identification tag onto all kegs of beer at the time of sale and require the
9 signing of a receipt therefor by the purchaser in order to allow kegs to be
10 traced if the contents are used in violation of this act. The keg identifica-
11 tion shall be in the form of a numbered label prescribed and supplied by the
12 director of the department of law enforcement Idaho state police, which iden-
13 tifies the seller and which is removable or obliterated when the keg is proc-
14 essed for refilling. The receipt shall be on a form prescribed and supplied by
15 the director of the department of law enforcement Idaho state police and shall
16 include the name and address of the purchaser and such other information as
17 may be required by the director of the department of law enforcement Idaho
18 state police.
19 (2) Any licensee selling keg beer for off-premises consumption who fails
20 to require the signing of a receipt at the time of sale and fails to place a
21 numbered identification label onto the keg shall be subject to having his
22 license suspended as set forth in section 23-1038, Idaho Code.
23 (3) Possession of a keg containing beer which is not identified as
24 required by subsection (1) of this section is a misdemeanor.
25 (4) Any purchaser of keg beer who knowingly provides false information on
26 the receipt required by subsection (1) of this section shall be guilty of a
27 misdemeanor.
28 (5) As used in this section, "keg" means any brewery-sealed, individual
29 container of beer having a liquid capacity of seven and three-fourths (7 3/4)
30 gallons or more.
31 SECTION 71. That Section 23-1106, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 23-1106. SUPPLIER'S RIGHT TO DISCONTINUE DISTRIBUTION OF BRAND. (1) A
34 supplier may amend, modify, terminate, cancel, discontinue or fail to renew an
35 agreement, with reference to a brand sold by a supplier, not less than thirty
36 (30) days after written notice is given by the supplier as provided in section
37 23-1108, Idaho Code, if the supplier discontinues production or discontinues
38 distribution in this state of a brand of beer sold by the supplier to the dis-
39 tributor.
40 (2) Nothing in this section shall prohibit a supplier from conducting
41 test marketing of a product which is not currently being sold in this state,
42 provided that the supplier has notified the director, Idaho department of law
43 enforcement state police, in writing, of its plans to conduct test marketing,
44 which notice shall describe the market area in which the test shall be con-
45 ducted, the name or names of the distributor or distributors who will be sell-
46 ing the product, the name or names of the product being tested, and the period
47 of time, not to exceed eighteen (18) months, during which the testing will
48 take place.
49 (3) If a supplier causes the discontinuance of distribution in this state
50 of a brand of beer, except a brand that is being test marketed pursuant to
51 subsection (2) of this section, then that brand cannot be reintroduced or sold
63
1 to distributors within this state by any supplier for a period of six (6)
2 months after providing the written notice required in the provisions of this
3 section. A supplier who is test marketing a brand or brands in this state, in
4 compliance with subsection (2) of this section, shall not be subject to the
5 six (6) month reintroduction limitation set forth in the provisions of this
6 subsection.
7 (4) Whenever a supplier discontinues distribution in this state of a
8 brand of beer, the supplier shall be required, at the distributor's request,
9 to purchase from the distributor any unsold inventory of that brand.
10 SECTION 72. That Section 23-1303, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 23-1303. DEFINITIONS. The following terms as used in this chapter are
13 hereby defined as follows:
14 (a) "Wine" shall mean any alcoholic beverage containing not more than
15 sixteen percent (16%) alcohol by volume obtained by the fermentation of the
16 natural sugar content of fruits or other agricultural products containing
17 sugar whether or not other ingredients are added.
18 (b) "Director" means the director of the department of law enforcement of
19 the state of Idaho state police.
20 (c) "Retail wine license" means a license issued by the director, autho-
21 rizing a person to sell wine at retail for consumption off the licensed prem-
22 ises.
23 (d) "Wine distributor's license" means a license issued by the director
24 to a person authorizing such person to distribute wine to retailers within the
25 state of Idaho.
26 (e) "Wine importer's license" means a license issued by the director to a
27 person authorizing such person to import wine into the state of Idaho and to
28 sell and distribute wine to a distributor.
29 (f) "Retailer" means a person to whom a retail wine license has been
30 issued.
31 (g) "Distributor" means a person to whom a wine distributor's license has
32 been issued.
33 (h) "Importer" means a person to whom a wine importer's license has been
34 issued.
35 (i) "Winery" means a place, premises or establishment within the state of
36 Idaho for the manufacture or bottling of wine for sale.
37 (j) "Winery license" means a license issued by the director authorizing a
38 person to maintain a winery.
39 (k) "Vintner" means a person who manufactures, bottles, or sells wine to
40 importers for resale within this state other than a licensed "winery" as
41 herein defined.
42 (l) "Person" includes an individual, firm, copartnership, association,
43 corporation, or any group or combination acting as a unit, and includes the
44 plural as well as the singular unless the intent to give a more limited mean-
45 ing is disclosed by the context in which it is used.
46 (m) "Wine by the drink license" means a license to sell wine by the indi-
47 vidual glass or opened bottle at retail, for consumption on the premises only.
48 (n) "Domestic produced product" means wine at least seventy-five percent
49 (75%) of which by volume is derived from fruit or agricultural products grown
50 in Idaho.
51 (o) "Low proof spirit beverages" means any alcoholic beverage containing
52 not more than fourteen percent (14%) alcohol by volume obtained by distilla-
53 tion mixed with drinkable water, fruit juices and/or other ingredients in
64
1 solution. These products shall be considered and taxed as wine. Spirit based
2 beverages exceeding fourteen percent (14%) alcohol by volume shall be consid-
3 ered as liquor and sold only through the state liquor dispensary system.
4 (p) All other words and phrases used in this chapter, the definition of
5 which is not herein given, shall be given their ordinary and commonly under-
6 stood and accepted meaning.
7 SECTION 73. That Section 23-1407, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 23-1407. COUNTY OPTION -- RESOLUTION OF COUNTY COMMISSIONERS. There is
10 hereby granted to the board of county commissioners of each of the several
11 counties of the state the right and authority to disallow the use of hospital-
12 ity cabinets, as defined in this chapter, within the borders of their respec-
13 tive counties. This right and authority may be exercised by the board of
14 county commissions commissioners by resolution, regularly adopted, which pro-
15 vides that hospitality cabinets, as defined in this chapter, shall be disal-
16 lowed within the county. The resolution shall take effect three (3) months
17 after receipt of certification thereof by the director of law enforcement the
18 Idaho state police and notification of qualified facilities within the county.
19 Hospitality cabinets shall remain disallowed within the county so long as the
20 resolution remains in effect.
21 SECTION 74. That Section 23-1408, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 23-1408. DIRECTOR TO PROMULGATE RULES. AND REGULATIONS. For the purpose
24 of the administration of this chapter, the director of the department of law
25 enforcement Idaho state police shall promulgate and publish such rules and
26 regulations as the director may deem necessary for carrying out the provisions
27 of this chapter.
28 SECTION 75. That Section 25-1102, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 25-1102. BOARD CREATED -- MEMBERSHIP AND ORGANIZATION. There shall be in
31 the department of law enforcement of the state of Idaho state police a state
32 brand board and such board is hereby created. The state brand board shall con-
33 sist of five (5) members, three (3) of whom shall be experienced in, and while
34 serving as a member of such board, continuously and principally, engaged in,
35 the feeding or the production of beef cattle in Idaho and no two (2) of whom
36 shall be from the same county; one (1) of whom shall be experienced in, and
37 while serving as a member of such board, continuously and principally, engaged
38 in, the operation of a licensed public livestock auction market, and one (1)
39 of whom shall be experienced in, and while serving as a member of such board,
40 continuously and principally, engaged as a dairy milk producer. The term of
41 office of each member of said board shall be five (5) years, excepting that of
42 the members of said board first appointed, one (1) shall be appointed to hold
43 office until the first Monday in January, 1975, one (1) until the first Monday
44 of January, 1976, and one (1) until the first Monday of January, 1977, one (1)
45 until the first Monday of January, 1978, and one (1) until the first Monday of
46 January, 1979. Vacancies occurring on the board other than by expiration of
47 the term, shall be filled for the unexpired term only. Each of such members of
48 the board, before entering upon the duties of his office, shall take and sub-
49 scribe to the constitutional oath of office, and be bonded to the state of
65
1 Idaho in the time, form and manner provided by chapter 8, title 59, Idaho
2 Code. The members of the board shall be compensated as provided by section
3 59-509(h), Idaho Code. Said compensation shall be paid in the same manner as
4 other expenses of the state brand board are paid. Each member of said board
5 shall be a qualified elector of the county from which he is chosen and must
6 reside during his term of office, within the state of Idaho. Said board must
7 hold a meeting quarterly and at any other times if so requested by any member
8 of the board. The governor shall appoint the members of such board, both ini-
9 tially and thereafter as vacancies occur therein, from the recommendations of
10 the executive committee or board of directors of the Idaho cattle association,
11 Idaho dairymen's association and licensed public livestock auction markets.
12 Each such recommendation shall be of at least two (2) persons for each
13 appointment to be made by the governor. If no such recommendation is made
14 within thirty (30) days after the occurrence of any vacancy in the membership
15 of such board, then the appointment may be made without such recommendation.
16 If the person or persons recommended are not deemed eligible or fit by the
17 governor, then he shall request two (2) additional names from the respective
18 industry segment. A member of such board shall be ineligible to hold any other
19 state or federal office providing full-time employment, or any county or elec-
20 tive office. After due notice and public hearing, the governor may remove any
21 member for cause.
22 The board shall elect one (1) of its members chairman, and there shall be
23 a state brand inspector who shall serve as secretary of such board. The board
24 is empowered to make rules and regulations for governing itself, and such
25 rules and regulations as it may deem necessary for the enforcement of all of
26 the duties of the state brand inspector, the laws of the state of Idaho pro-
27 viding registration and use of stock growers' brands, and the laws of the
28 state of Idaho providing inspection and other requirements for the transporta-
29 tion of livestock, and all laws of the state enacted for the identification,
30 inspection and transportation of livestock, and all laws of the state designed
31 to prevent theft and illegal butchering of livestock.
32 SECTION 76. That Section 25-1105, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 25-1105. EX OFFICIO BRAND INSPECTORS. The director of the department of
35 law enforcement of the state of Idaho state police, every state police offi-
36 cer, port of entry officers, county sheriff and deputy sheriff is hereby made
37 an ex officio brand inspector, and shall have the authority to inspect any
38 livestock described in this chapter that is being transported within the
39 jurisdiction of said officer and to require the person transporting the same
40 to produce satisfactory evidence from him of his right to the possession of
41 such livestock.
42 SECTION 77. That Section 25-1106, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 25-1106. DUTIES OF INSPECTOR AND DEPUTIES AS LAW-ENFORCEMENT OFFICERS.
45 The state brand inspector and his deputies shall also have power and the duty
46 to enforce all of the laws of the state for the identification, inspection and
47 transportation of livestock and sheep and all laws of the state designed or
48 intended to prevent the theft of livestock and sheep and shall have all of the
49 authority and powers of peace officers vested in the director of the depart-
50 ment of law enforcement Idaho state police, with general jurisdiction through-
51 out the state.
66
1 The state brand inspector shall give special consideration to reducing the
2 loss of livestock and sheep by theft and to that end may inspect and cause
3 inspections to be made outside the state of Idaho of livestock and sheep
4 transported or driven from the state of Idaho, and shall also coordinate the
5 efforts of all other law-enforcement officials and peace officers in the
6 apprehension and conviction of persons who have stolen livestock, sheep,
7 hides, pelts, or carcasses of livestock.
8 SECTION 78. That Section 31-2202, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 31-2202. DUTIES OF SHERIFF. The policy of the state of Idaho is that the
11 primary duty of enforcing all penal provisions and statutes of the state is
12 vested with the sheriff of each county as provided in section 31-2227, Idaho
13 Code. The sheriff shall perform the following:
14 (1.) Preserve the peace.
15 (2.) Arrest and take before the nearest magistrate for examination all
16 persons who attempt to commit or who have committed a public offense, unless
17 otherwise provided by law.
18 (3.) Prevent and suppress all affrays, breaches of the peace, riots and
19 insurrections which may come to his knowledge.
20 (4.) Attend all courts, including magistrate's division of the district
21 court when ordered by a district judge, at their respective terms held within
22 his county, and obey the lawful orders and directions of the courts.
23 (5.) Command the aid of as many inhabitants of the county as he may think
24 necessary in the execution of these duties.
25 (6.) Take charge of and keep the county jail and the prisoners therein.
26 (7.) Indorse upon all process and notices the year, month, day, hour and
27 minute of reception, and issue therefor to the person delivering it, on pay-
28 ment of fees, a certificate showing the names of the parties, title of paper
29 and time of reception.
30 (8.) Serve all process and notices in the manner prescribed by law.
31 (9.) Certify under his hand upon process or notices the manner and time
32 of service, or, if he fails to make service, the reasons of his failure, and
33 return the same without delay.
34 (10.) Perform such other duties as are required of him by law.
35 (11.) Keep a record of all stolen cars reported within his county, which
36 record shall contain the name of the motor vehicle, the engine number thereof,
37 a complete description of such vehicle and such other information as may aid
38 in the identification of the stolen car. Such record shall be open to public
39 inspection during office hours, and immediately upon receiving a report of a
40 stolen car the sheriff shall prepare and forward a copy thereof to the direc-
41 tor of the department of law enforcement Idaho state police and he shall also
42 notify the director of the department of law enforcement Idaho state police of
43 any and all cars recovered.
44 (12.) Work in his county with the Idaho state department of law enforce-
45 ment police in the following respects:
46 (a) Require all persons using the highways in the state to do so care-
47 fully, safely and with exercise of care for the persons, property and
48 safety of others;
49 (b) Safeguard and protect the surface and other physical portions of the
50 state highways;
51 (c) Enforce all of the laws of the state enacted for the identification,
52 inspection and transportation of livestock and all laws of the state
53 designed to prevent the theft of livestock;
67
1 (d) Regulate traffic on all highways and roads in the state; and respond
2 to calls following wrecks and make investigations relative thereto.
3 (13.) Work in his county with the Idaho transportation department to give
4 examinations for and sell drivers' licenses and identification cards.
5 (14.) Expeditiously and promptly investigate all cases involving missing
6 children when such cases are reported to him.
7 SECTION 79. That Section 31-2227, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 31-2227. ENFORCEMENT OF PENAL LAWS -- PRIMARY RESPONSIBILITY. Irrespec-
10 tive of police powers vested by statute in state, county, and municipal offi-
11 cers, it is hereby declared to be the policy of the state of Idaho that the
12 primary duty of enforcing all the penal provisions of any and all statutes of
13 this state, in any court, is vested in the sheriff and prosecuting attorney of
14 each of the several counties. When in the judgment of such county officers,
15 they need assistance from municipal peace officers within the county, they are
16 authorized and directed to call for such and such local officers shall render
17 such assistance.
18 When in the judgment of such county officers, advice and/or assistance is
19 needed which is not available in the county, the sheriff and/or the prosecut-
20 ing attorney are directed to call upon the Idaho state department of law
21 enforcement police for such advice and assistance and the department shall
22 render such cooperative service. Whenever in the opinion of the governor any
23 peace officer of this state refuses to offer assistance when requested to do
24 so, or refuses to perform any duty enjoined upon him by the penal statutes of
25 this state, the governor shall direct the attorney general to commence action
26 under chapter 41, title 19, Idaho Code, to remove such officer from office.
27 When in the judgment of the governor the penal laws of this state are not
28 being enforced as written, in any county, or counties, in this state, he may
29 direct the director of the department of law enforcement Idaho state police to
30 act independently of the sheriff and prosecuting attorney in such county, or
31 counties, to execute and enforce such penal laws. In such an instance, the
32 attorney general shall exclusively exercise all duties, rights and responsi-
33 bilities of the prosecuting attorney.
34 SECTION 80. That Section 33-130, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 33-130. CRIMINAL HISTORY CHECKS FOR SCHOOL DISTRICT EMPLOYEES OR APPLI-
37 CANTS FOR CERTIFICATES. The department of education, through the cooperation
38 of the department of law enforcement Idaho state police, shall establish a
39 system to obtain a criminal history check on certificated and noncertificated
40 employees, and all applicants for certificates pursuant to chapter 12, title
41 33, Idaho Code. The criminal history check shall include the following:
42 (1) Statewide criminal identification bureau;
43 (2) Federal bureau of investigation (FBI) criminal history check;
44 (3) National crime information center; and
45 (4) Statewide sex offender register.
46 The state department of education shall charge all applicants a fee of
47 forty dollars ($40.00) for undergoing a criminal history check pursuant to
48 this section. The fee shall be sufficient to cover costs charged by the fed-
49 eral bureau of investigation, the state department of law enforcement police
50 and the state department of education. A record of all background checks
51 shall be maintained at the state department of education in a data bank for
68
1 all employees of a school district with a copy going to the applicant. The
2 department of education shall forward to all applicants for a criminal history
3 check, notification that the fingerprint card has been destroyed after the
4 background check has been completed. The department of education and the
5 department of law enforcement Idaho state police shall ensure that fingerprint
6 cards have been destroyed after a criminal history check has been completed.
7 The department of law enforcement Idaho state police and the department of
8 education shall implement a joint exercise of powers agreement pursuant to
9 sections 67-2328 through 67-2333, Idaho Code, necessary to implement the pro-
10 visions of this section.
11 SECTION 81. That Section 33-1508, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-1508. OPERATION OF SCHOOL BUSES. (1.) All school buses shall at all
14 times be operated in conformity with law and with rules and regulations of the
15 department of law enforcement Idaho state police and the state board of educa-
16 tion.
17 (2.) No school bus shall:
18 (a.) Cross any railroad track, or enter or cross any arterial highway
19 without first coming to a full stop. If any such crossing, intersection or
20 access be obscured by trees, buildings or other objects, or because of
21 wind, storm or fog, the chauffeur shall open such windows and doors as
22 will permit him to determine when it is safe to proceed;
23 (b.) Be operated at any time for the transportation of pupils by any per-
24 son who does not have a current driver's license, a valid driver's permit
25 issued by the board of trustees, and the minimum training for bus drivers
26 as prescribed by the state board of education;
27 (c.) Be operated at any time in excess of its maximum occupancy as deter-
28 mined by the manufacturer. Occupancy at no time shall exceed three (3)
29 persons in a seat.
30 SECTION 82. That Section 33-1511, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 33-1511. STATE BOARD OF EDUCATION -- POWERS AND DUTIES RELATED TO TRANS-
33 PORTATION. In addition to powers and duties of the state board of education
34 hereinbefore prescribed, the said state board shall:
35 (1.) Designate a member of its staff as supervisor of school transporta-
36 tion responsible for a school bus driver training program and such program
37 shall provide for a qualified driver trainer for each school district and with
38 such duties as the board may prescribe;
39 (2.) Adopt, publish and distribute, and from time to time as need there-
40 for arises amend, minimum standards for the construction of school buses, the
41 basis of which standards shall be those incorporated in the latest report of
42 the National Conference on School Transportation, which report shall be filed
43 with the department of law enforcement Idaho state police;
44 (3.) Approve the form(s) to be used for the inspection of school buses.
45 SECTION 83. That Section 33-4701, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 33-4701. YOUTH EDUCATION ACCOUNT FUND ESTABLISHED. There is hereby estab-
48 lished in the state treasury an account fund to be known as the youth educa-
49 tion account fund. Moneys in the account fund shall be used exclusively for
69
1 the production and purchase of radio and television advertising designed to
2 advise children of the risks and problems associated with the use of alcohol,
3 drugs and tobacco. Moneys in the account fund shall be comprised of appropria-
4 tions, donations, contributions, gifts or grants from any source for purposes
5 consistent with the provisions of this chapter. Moneys in the account fund are
6 subject to appropriation to the governor's commission on alcohol and drug
7 abuse for expenditure pursuant to the provisions of this chapter.
8 The state board of education, the department of health and welfare, the
9 department of law enforcement Idaho state police and the transportation
10 department may contribute funds and seek grants to the youth education account
11 fund.
12 Not less than seventy per cent percent (70%) of the moneys in the account
13 fund shall be used each year for advertising pertaining to alcohol and alcohol
14 abuse.
15 SECTION 84. That Section 37-2701, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 37-2701. DEFINITIONS. As used in this act:
18 (a) "Administer" means the direct application of a controlled substance
19 whether by injection, inhalation, ingestion, or any other means, to the body
20 of a patient or research subject by:
21 (1) A practitioner (or, in his presence, by his authorized agent), or
22 (2) The patient or research subject at the direction and in the presence
23 of the practitioner.
24 (b) "Agent" means an authorized person who acts on behalf of or at the
25 direction of a manufacturer, distributor, or dispenser. It does not include a
26 common or contract carrier, public warehouseman, or employee of the carrier or
27 warehouseman.
28 (c) "Board" means the state board of pharmacy created in chapter 17,
29 title 54, Idaho Code, or its successor agency.
30 (d) "Bureau" means the Bureau of Narcotic and Dangerous Drugs, United
31 States Department of Justice, or its successor agency.
32 (e) "Controlled substance" means a drug, substance, or immediate
33 precursor in schedules I through V of article II of this act.
34 (f) "Counterfeit substance" means a controlled substance which, or the
35 container or labeling of which, without authorization, bears the trademark,
36 trade name, or other identifying mark, imprint, number or device, or any like-
37 ness thereof, of a manufacturer, distributor, or dispenser other than the per-
38 son who in fact manufactured, distributed, or dispensed the substance.
39 (g) "Deliver" or "delivery" means the actual, constructive, or attempted
40 transfer from one (1) person to another of a controlled substance, whether or
41 not there is an agency relationship.
42 (h) "Director" means the director of the department of law enforcement of
43 the state of Idaho state police.
44 (i) "Dispense" means to deliver a controlled substance to an ultimate
45 user or research subject by or pursuant to the lawful order of a practitioner,
46 including the prescribing, administering, packaging, labeling, or compounding
47 necessary to prepare the substance for that delivery.
48 (j) "Dispenser" means a practitioner who dispenses.
49 (k) "Distribute" means to deliver other than by administering or dispens-
50 ing a controlled substance.
51 (l) "Distributor" means a person who distributes.
52 (m) "Drug" means (1) substances recognized as drugs in the official
53 United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United
70
1 States, or official National Formulary, or any supplement to any of them; (2)
2 substances intended for use in the diagnosis, cure, mitigation, treatment or
3 prevention of disease in man or animals; (3) substances (other than food)
4 intended to affect the structure or any function of the body of man or ani-
5 mals; and (4) substances intended for use as a component of any article speci-
6 fied in clause (1), (2), or (3) of this subsection. It does not include
7 devices or their components, parts, or accessories.
8 (n) "Drug paraphernalia" means all equipment, products and materials of
9 any kind which are used, intended for use, or designed for use, in planting,
10 propagating, cultivating, growing, harvesting, manufacturing, compounding,
11 converting, producing, processing, preparing, testing, analyzing, packaging,
12 repackaging, storing, containing, concealing, injecting, ingesting, inhaling,
13 or otherwise introducing into the human body a controlled substance in viola-
14 tion of this act. It includes, but is not limited to:
15 (1) Kits used, intended for use, or designed for use in planting, propa-
16 gating, cultivating, growing or harvesting of any species of plant which
17 is a controlled substance or from which a controlled substance can be
18 derived;
19 (2) Kits used, intended for use, or designed for use in manufacturing,
20 compounding, converting, producing, processing, or preparing controlled
21 substances;
22 (3) Isomerization devices used, intended for use, or designed for use in
23 increasing the potency of any species of plant which is a controlled sub-
24 stance;
25 (4) Testing equipment used, intended for use, or designed for use in
26 identifying, or in analyzing the strength, effectiveness or purity of con-
27 trolled substances;
28 (5) Scales and balances used, intended for use, or designed for use in
29 weighing or measuring controlled substances;
30 (6) Diluents and adulterants, such as quinine hydrochloride, mannitol,
31 mannite, dextrose and lactose, used, intended for use, or designed for use
32 in cutting controlled substances;
33 (7) Separation gins and sifters used, intended for use, or designed for
34 use in removing twigs and seeds from, or in otherwise cleaning or refin-
35 ing, marijuana;
36 (8) Blenders, bowls, containers, spoons and mixing devices used, intended
37 for use, or designed for use in compounding controlled substances;
38 (9) Capsules, balloons, envelopes and other containers used, intended for
39 use, or designed for use in packaging small quantities of controlled sub-
40 stances;
41 (10) Containers and other objects used, intended for use, or designed for
42 use in storing or concealing controlled substances;
43 (11) Hypodermic syringes, needles and other objects used, intended for
44 use, or designed for use in parenterally injecting controlled substances
45 into the human body;
46 (12) Objects used, intended for use, or designed for use in ingesting,
47 inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish
48 oil into the human body, such as:
49 (a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes
50 with or without screens, permanent screens, hashish heads, or punc-
51 tured metal bowls;
52 (b) Water pipes;
53 (c) Carburetion tubes and devices;
54 (d) Smoking and carburetion masks;
55 (e) Roach clips: meaning objects used to hold burning material, such
71
1 as a marijuana cigarette, that has become too small or too short to
2 be held in the hand;
3 (f) Miniature cocaine spoons, and cocaine vials;
4 (g) Chamber pipes;
5 (h) Carburetor pipes;
6 (i) Electric pipes;
7 (j) Air-driven pipes;
8 (k) Chillums;
9 (l) Bongs;
10 (m) Ice pipes or chillers;
11 In determining whether an object is drug paraphernalia, a court or other
12 authority should consider, in addition to all other logically relevant fac-
13 tors, the following:
14 1. Statements by an owner or by anyone in control of the object concern-
15 ing its use;
16 2. Prior convictions, if any, of an owner, or of anyone in control of the
17 object, under any state or federal law relating to any controlled sub-
18 stance;
19 3. The proximity of the object, in time and space, to a direct violation
20 of this act;
21 4. The proximity of the object to controlled substances;
22 5. The existence of any residue of controlled substances on the object;
23 6. Direct or circumstantial evidence of the intent of an owner, or of
24 anyone in control of the object, to deliver it to persons whom he knows,
25 or should reasonably know, intend to use the object to facilitate a viola-
26 tion of this act; the innocence of an owner, or of anyone in control of
27 the object, as to a direct violation of this act shall not prevent a find-
28 ing that the object is intended for use, or designed for use as drug para-
29 phernalia;
30 7. Instructions, oral or written, provided with the object concerning its
31 use;
32 8. Descriptive materials accompanying the object which explain or depict
33 its use;
34 9. National and local advertising concerning its use;
35 10. The manner in which the object is displayed for sale;
36 11. Whether the owner, or anyone in control of the object, is a legitimate
37 supplier of like or related items to the community, such as a licensed
38 distributor or dealer of tobacco products;
39 12. Direct or circumstantial evidence of the ratio of sales of the
40 object(s) to the total sales of the business enterprise;
41 13. The existence and scope of legitimate uses for the object in the com-
42 munity;
43 14. Expert testimony concerning its use.
44 (o) "Financial institution" means any bank, trust company, savings and
45 loan association, savings bank, mutual savings bank, credit union, or loan
46 company under the jurisdiction of the state or under the jurisdiction of an
47 agency of the United States.
48 (p) "Immediate precursor" means a substance which the board has found to
49 be and by rule designates as being the principal compound commonly used or
50 produced primarily for use, and which is an immediate chemical intermediary
51 used or likely to be used in the manufacture of a controlled substance, the
52 control of which is necessary to prevent, curtail, or limit manufacture.
53 (q) "Law enforcement agency" means a governmental unit of one (1) or more
54 persons employed full-time or part-time by the state or a political subdivi-
55 sion of the state for the purpose of preventing and detecting crime and
72
1 enforcing state laws or local ordinances, employees of which unit are autho-
2 rized to make arrests for crimes while acting within the scope of their
3 authority.
4 (r) "Manufacture" means the production, preparation, propagation, com-
5 pounding, conversion or processing of a controlled substance, and includes
6 extraction, directly or indirectly, from substances of natural origin, or
7 independently by means of chemical synthesis, or by a combination of extrac-
8 tion and chemical synthesis, and includes any packaging or repackaging of the
9 substance or labeling or relabeling of its container, except that this term
10 does not include the preparation or compounding of a controlled substance:
11 (1) By a practitioner as an incident to his administering or dispensing
12 of a controlled substance in the course of his professional practice, or
13 (2) By a practitioner, or by his authorized agent under his supervision,
14 for the purpose of, or as an incident to, research, teaching, or chemical
15 analysis and not for delivery.
16 (s) "Marijuana" means all parts of the plant of the genus Cannabis,
17 regardless of species, and whether growing or not; the seeds thereof; the
18 resin extracted from any part of such plant; and every compound, manufacture,
19 salt, derivative, mixture, or preparation of such plant, its seeds or resin.
20 It does not include the mature stalks of the plant unless the same are inter-
21 mixed with prohibited parts thereof, fiber produced from the stalks, oil or
22 cake made from the seeds or the achene of such plant, any other compound, man-
23 ufacture, salt, derivative, mixture, or preparation of the mature stalks
24 (except the resin extracted therefrom or where the same are intermixed with
25 prohibited parts of such plant), fiber, oil, or cake, or the sterilized seed
26 of such plant which is incapable of germination. Evidence that any plant mate-
27 rial or the resin or any derivative thereof, regardless of form, contains any
28 of the chemical substances classified as tetrahydrocannabinols shall create a
29 presumption that such material is "marijuana" as defined and prohibited
30 herein.
31 (t) "Narcotic drug" means any of the following, whether produced directly
32 or indirectly by extraction from substances of vegetable origin, or indepen-
33 dently by means of chemical synthesis, or by a combination of extraction and
34 chemical synthesis:
35 (1) Opium and opiate, and any salt, compound, derivative, or preparation
36 of opium or opiate.
37 (2) Any salt, compound, isomer, derivative, or preparation thereof which
38 is chemically equivalent or identical with any of the substances referred
39 to in clause 1, but not including the isoquinoline alkaloids of opium.
40 (3) Opium poppy and poppy straw.
41 (4) Coca leaves and any salt, compound, derivative, or preparation of
42 coca leaves, and any salt, compound, isomer, derivative, or preparation
43 thereof which is chemically equivalent or identical with any of these sub-
44 stances, but not including decocainized coca leaves or extractions of coca
45 leaves which do not contain cocaine or ecgonine.
46 (u) "Opiate" means any substance having an addiction-forming or
47 addiction-sustaining liability similar to morphine or being capable of conver-
48 sion into a drug having addiction-forming or addiction-sustaining liability.
49 It does not include, unless specifically designated as controlled under sec-
50 tion 37-2702, Idaho Code, the dextrorotatory isomer of
51 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). It does include
52 its racemic and levorotatory forms.
53 (v) "Opium poppy" means the plant of the species Papaver somniferum L.,
54 except its seeds.
55 (w) "Peace officer" means any duly appointed officer or agent of a law
73
1 enforcement agency, as defined herein, including, but not limited to, a duly
2 appointed investigator or agent of the department of law enforcement Idaho
3 state police, an officer or employee of the board of pharmacy, who is autho-
4 rized by the board to enforce this act, an officer of the Idaho state police,
5 division or any other division of the department of law enforcement, a sheriff
6 or deputy sheriff of a county, or a marshal or policeman of any city.
7 (x) "Person" means individual, corporation, government, or governmental
8 subdivision or agency, business trust, estate, trust, partnership or associa-
9 tion, or any other legal entity.
10 (y) "Poppy straw" means all parts, except the seeds, of the opium poppy,
11 after mowing.
12 (z) "Practitioner" means:
13 (1) A physician, dentist, veterinarian, scientific investigator, or other
14 person licensed, registered or otherwise permitted to distribute, dis-
15 pense, conduct research with respect to or to administer a controlled sub-
16 stance in the course of his professional practice or research in this
17 state;
18 (2) A pharmacy, hospital, or other institution licensed, registered, or
19 otherwise permitted to distribute, dispense, conduct research with respect
20 to or to administer a controlled substance in the course of their profes-
21 sional practice or research in this state.
22 (aa) "Production" includes the manufacture, planting, cultivation, grow-
23 ing, or harvesting of a controlled substance.
24 (bb) "Simulated controlled substance" means a substance that is not a con-
25 trolled substance, but which by appearance or representation would lead a rea-
26 sonable person to believe that the substance is a controlled substance.
27 Appearance includes, but is not limited to, color, shape, size, and markings
28 of the dosage unit. Representation includes, but is not limited to, represen-
29 tations or factors of the following nature:
30 (1) Statements made by an owner or by anyone else in control of the sub-
31 stance concerning the nature of the substance, or its use or effect;
32 (2) Statements made to the recipient that the substance may be resold for
33 inordinate profit; or
34 (3) Whether the substance is packaged in a manner normally used for
35 illicit controlled substances.
36 (cc) "State," when applied to a part of the United States, includes any
37 state, district, commonwealth, territory, insular possession thereof, and any
38 area subject to the legal authority of the United States of America.
39 (dd) "Ultimate user" means a person who lawfully possesses a controlled
40 substance for his own use or for the use of a member of his household or for
41 administering to an animal owned by him or by a member of his household.
42 (ee) "Utility" means any person, association, partnership or corporation
43 providing telephone and/or communication services, electricity, natural gas or
44 water to the public.
45 SECTION 85. That Section 37-2716, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 37-2716. REGISTRATION REQUIREMENTS. (a) Every person who manufactures,
48 distributes, or dispenses any controlled substance within this state or who
49 proposes to engage in the manufacture, distribution, or dispensing of any con-
50 trolled substance within this state, must obtain annually a registration
51 issued by the board in accordance with its rules. A copy of each registration
52 issued shall be transmitted by the board to the director of the department of
53 law enforcement Idaho state police.
74
1 (b) Persons registered by the board under this act to manufacture, dis-
2 tribute, dispense, or conduct research with controlled substances may possess,
3 manufacture, distribute, dispense, or conduct research with those substances
4 to the extent authorized by their registration and in conformity with the
5 other provisions of this article.
6 (c) The following persons need not register and may lawfully possess con-
7 trolled substances under this act:
8 (1) An agent or employee of any registered manufacturer, distributor, or
9 dispenser of any controlled substance if he is acting in the usual course
10 of his business or employment;
11 (2) A common or contract carrier or warehouseman, or an employee thereof,
12 whose possession of any controlled substance is in the usual course of
13 business or employment;
14 (3) An ultimate user or a person in possession of any controlled sub-
15 stance pursuant to a lawful order of a practitioner or in lawful posses-
16 sion of a schedule V substance.
17 (d) The board may waive by rule the requirement for registration of cer-
18 tain manufacturers, distributors, or dispensers if it finds it consistent with
19 the public health and safety.
20 (e) A separate registration is required at each principal place of busi-
21 ness or professional practice where the applicant manufactures, distributes,
22 or dispenses controlled substances.
23 (f) The board may inspect the establishment of a registrant or applicant
24 for registration in accordance with the board rule.
25 SECTION 86. That Section 37-2732, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 37-2732. PROHIBITED ACTS A -- PENALTIES. (a) Except as authorized by this
28 chapter, it is unlawful for any person to manufacture or deliver, or possess
29 with intent to manufacture or deliver, a controlled substance.
30 (1) Any person who violates this subsection with respect to:
31 (A) a controlled substance classified in schedule I which is a nar-
32 cotic drug or a controlled substance classified in schedule II,
33 except as provided for in section 37-2732B(a)(3), Idaho Code, is
34 guilty of a felony and upon conviction may be imprisoned for a term
35 of years not to exceed life imprisonment, or fined not more than
36 twenty-five thousand dollars ($25,000), or both;
37 (B) any other controlled substance which is a nonnarcotic drug clas-
38 sified in schedule I, or a controlled substance classified in sched-
39 ule III, is guilty of a felony and upon conviction may be imprisoned
40 for not more than five (5) years, fined not more than fifteen thou-
41 sand dollars ($15,000), or both;
42 (C) a substance classified in schedule IV, is guilty of a felony and
43 upon conviction may be imprisoned for not more than three (3) years,
44 fined not more than ten thousand dollars ($10,000), or both;
45 (D) a substance classified in schedules V and VI, is guilty of a
46 misdemeanor and upon conviction may be imprisoned for not more than
47 one (1) year, fined not more than five thousand dollars ($5,000), or
48 both.
49 (b) Except as authorized by this chapter, it is unlawful for any person
50 to create, deliver, or possess with intent to deliver, a counterfeit sub-
51 stance.
52 (1) Any person who violates this subsection with respect to:
53 (A) a counterfeit substance classified in schedule I which is a nar-
75
1 cotic drug, or a counterfeit substance classified in schedule II, is
2 guilty of a felony and upon conviction may be imprisoned for not more
3 than fifteen (15) years, fined not more than twenty-five thousand
4 dollars ($25,000), or both;
5 (B) any other counterfeit substance classified in schedule I which
6 is a nonnarcotic drug contained in schedule I or a counterfeit sub-
7 stance contained in schedule III, is guilty of a felony and upon con-
8 viction may be imprisoned for not more than five (5) years, fined not
9 more than fifteen thousand dollars ($15,000), or both;
10 (C) a counterfeit substance classified in schedule IV, is guilty of
11 a felony and upon conviction may be imprisoned for not more than
12 three (3) years, fined not more than ten thousand dollars ($10,000),
13 or both;
14 (D) a counterfeit substance classified in schedules V and VI or a
15 noncontrolled counterfeit substance, is guilty of a misdemeanor and
16 upon conviction may be imprisoned for not more than one (1) year,
17 fined not more than five thousand dollars ($5,000), or both.
18 (c) It is unlawful for any person to possess a controlled substance
19 unless the substance was obtained directly from, or pursuant to, a valid pre-
20 scription or order of a practitioner while acting in the course of his profes-
21 sional practice, or except as otherwise authorized by this chapter.
22 (1) Any person who violates this subsection and has in his possession a
23 controlled substance classified in schedule I which is a narcotic drug or
24 a controlled substance classified in schedule II, is guilty of a felony
25 and upon conviction may be imprisoned for not more than seven (7) years,
26 or fined not more than fifteen thousand dollars ($15,000), or both.
27 (2) Any person who violates this subsection and has in his possession
28 lysergic acid diethylamide is guilty of a felony and upon conviction may
29 be imprisoned for not more than three (3) years, or fined not more than
30 five thousand dollars ($5,000), or both.
31 (3) Any person who violates this subsection and has in his possession a
32 controlled substance which is a nonnarcotic drug classified in schedule I
33 except lysergic acid diethylamide, or a controlled substance classified in
34 schedules III, IV, V and VI is guilty of a misdemeanor and upon conviction
35 thereof may be imprisoned for not more than one (1) year, or fined not
36 more than one thousand dollars ($1,000), or both.
37 (d) It shall be unlawful for any person to be present at or on premises
38 of any place where he knows illegal controlled substances are being manufac-
39 tured or cultivated, or are being held for distribution, transportation,
40 delivery, administration, use, or to be given away. A violation of this sec-
41 tion shall deem those persons guilty of a misdemeanor and upon conviction
42 shall be punished by a fine of not more than three hundred dollars ($300) and
43 not more than ninety (90) days in the county jail, or both.
44 (e) If any person is found to possess marijuana, which for the purposes
45 of this subsection shall be restricted to all parts of the plants of the genus
46 Cannabis, including the extract or any preparation of cannabis which contains
47 tetrahydrocannabinal, in an amount greater than three (3) ounces net weight,
48 it shall be a felony and upon conviction may be imprisoned for not more than
49 five (5) years, or fined not more than ten thousand dollars ($10,000), or
50 both.
51 (f) If two (2) or more persons conspire to commit any offense defined in
52 this act, said persons shall be punishable by a fine or imprisonment, or both,
53 which may not exceed the maximum punishment prescribed for the offense, the
54 commission of which was the object of the conspiracy.
55 (g) (1) It is unlawful for any person to manufacture or distribute a
76
1 "simulated controlled substance," or to possess with intent to distribute,
2 a "simulated controlled substance." Any person who violates this subsec-
3 tion shall, upon conviction, be guilty of a misdemeanor and upon convic-
4 tion thereof shall be punished by a fine of not more than one thousand
5 dollars ($1,000) and not more than one (1) year in the county jail, or
6 both.
7 (2) It is unlawful for any person to possess a "simulated controlled sub-
8 stance." Any person who violates this subsection shall, upon conviction,
9 be guilty of a misdemeanor and upon conviction thereof shall be punished
10 by a fine of not more than three hundred dollars ($300) and not more than
11 six (6) months in the county jail, or both.
12 (h) It is unlawful for any person to cause to be placed in any newspaper,
13 magazine, handbill, or other publication, or to post or distribute in any pub-
14 lic place, any advertisement or solicitation offering for sale simulated con-
15 trolled substances. Any person who violates this subsection is guilty of a
16 misdemeanor and shall be punished in the same manner as prescribed in subsec-
17 tion (g) of this section.
18 (i) No civil or criminal liability shall be imposed by virtue of this
19 chapter on any person registered under the Uniform Controlled Substances Act
20 who manufactures, distributes, or possesses an imitation controlled substance
21 for use as a placebo or other use by a registered practitioner, as defined in
22 section 37-2701(z), Idaho Code, in the course of professional practice or
23 research.
24 (j) No prosecution under this chapter shall be dismissed solely by reason
25 of the fact that the dosage units were contained in a bottle or other con-
26 tainer with a label accurately describing the ingredients of the imitation
27 controlled substance dosage units. The good faith of the defendant shall be an
28 issue of fact for the trier of fact.
29 (k) Upon conviction of a felony violation under this chapter or upon con-
30 viction of a felony pursuant to the "racketeering act," section 18-7804, Idaho
31 Code, or the money laundering and illegal investment provisions of section
32 18-8201, Idaho Code, the court may order restitution for costs incurred by law
33 enforcement agencies in investigating the violation. Law enforcement agencies
34 shall include, but not be limited to, the department of law enforcement Idaho
35 state police, county and city law enforcement agencies, the office of the
36 attorney general and county and city prosecuting attorney offices. Costs shall
37 include, but not be limited to, those incurred for the purchase of evidence,
38 travel and per diem for law enforcement officers and witnesses throughout the
39 course of the investigation, hearings and trials, and any other investigative
40 or prosecution expenses actually incurred, including regular salaries of
41 employees. In the case of reimbursement to the department of law enforcement
42 Idaho state police, those moneys shall be paid to the department of law
43 enforcement Idaho state police for deposit into the drug enforcement donation
44 account fund created in section 57-816, Idaho Code. In the case of reimburse-
45 ment to the office of the attorney general, those moneys shall be paid to the
46 general account fund. A conviction for the purposes of this section means that
47 the person has pled guilty or has been found guilty, notwithstanding the form
48 of the judgment(s) or withheld judgment(s).
49 SECTION 87. That Section 37-2740, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 ARTICLE V
52 37-2740. POWERS OF ENFORCEMENT PERSONNEL. (a) Any peace officer, as
53 defined by this act, may:
77
1 (1) Carry firearms in the performance of his official duties;
2 (2) Execute and serve search warrants, arrest warrants, administrative
3 inspection warrants, subpoenas, and summonses issued under the authority
4 of this state;
5 (3) Make arrests without warrant for any offense under this act committed
6 in his presence, or if he has probable cause to believe that the person to
7 be arrested has committed or is committing a violation of this act which
8 may constitute a felony or a misdemeanor;
9 (4) Make seizures of property pursuant to this act.
10 (b) The director of the department of law enforcement Idaho state police
11 shall administer the state-level program of Idaho to suppress the unlawful
12 traffic and abuse of controlled substances and shall have the authority to
13 appoint and commission agents to enforce the provisions of this act.
14 (c) All duly authorized peace officers while investigating offenses under
15 this act in the performance of their official duties, and any person working
16 under their immediate direction, supervision, or instruction, provided such
17 person shall not deviate from the lawful direction of the peace officer, are
18 immune from prosecution under this act.
19 SECTION 88. That Section 37-2743, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 37-2743. COOPERATIVE ARRANGEMENTS. (a) The director of the department of
22 law enforcement Idaho state police shall cooperate with federal and other
23 state agencies in discharging his responsibilities concerning traffic in con-
24 trolled substances and in suppressing the abuse of controlled substances. To
25 this end, he may:
26 (1) Arrange for the exchange of information among governmental officials
27 concerning the use and abuse of controlled substances;
28 (2) Coordinate and cooperate in training programs concerning controlled
29 substance law enforcement at local and state levels;
30 (3) Cooperate with the bureau by establishing a centralized unit to
31 accept, catalogue, file, and collect statistics, including records of drug
32 dependent persons and other controlled substance law offenders within the
33 state, and make the information available for federal, state and local law
34 enforcement purposes. The name or identity of a patient or research sub-
35 ject whose identity could not be obtained under subsection (c) of this
36 section shall be subject to disclosure according to chapter 3, title 9,
37 Idaho Code;
38 (4) Conduct programs of eradication aimed at destroying wild or illicit
39 growth of plant species from which controlled substance may be extracted;
40 (5) Enter into agreements with other states to coordinate and facilitate
41 the enforcement of this act; and
42 (6) Require law enforcement agencies to report such information regarding
43 traffic in controlled substances and abuse of controlled substances as he
44 deems necessary to enforce this act. Such reports shall be on forms sup-
45 plied by the director of the department of law enforcement Idaho state
46 police and shall include, but not be limited to, the following informa-
47 tion: Names, ages, sex, race, and residences of individuals involved in
48 violations of this act; the contraband confiscated, showing the kind,
49 location, quantity, date, and place where seized; the circumstances sur-
50 rounding the arrests and a report of the disposition of charges.
51 (b) Results, information, and evidence received from the bureau relating
52 to the regulatory functions of this act, including results of inspections and
53 investigations conducted by the bureau may be relied and acted upon by the
78
1 board in the exercise of its regulatory functions under this act.
2 (c) A practitioner engaged in medical practice or research is not
3 required or compelled to furnish the name or identity of a patient or research
4 subject to the director, nor may he be compelled in any state or local civil,
5 criminal, administrative, legislative or other proceedings to furnish the name
6 or identity of an individual that the practitioner is obligated to keep confi-
7 dential and as such the name or identity of the patient or research subject is
8 subject to disclosure according to chapter 3, title 9, Idaho Code.
9 SECTION 89. That Section 37-2744, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 37-2744. FORFEITURES. (a) The following are subject to forfeiture:
12 (1) All controlled substances which have been manufactured, distributed,
13 dispensed, acquired, possessed or held in violation of this act or with
14 respect to which there has been any act by any person in violation of this
15 act;
16 (2) All raw materials, products and equipment of any kind which are used,
17 or intended for use, in manufacturing, compounding, processing, deliver-
18 ing, importing, or exporting any controlled substances or counterfeit sub-
19 stances in violation of this act;
20 (3) All property which is used, or intended for use, as a container for
21 property described in paragraph (1) or (2) hereof;
22 (4) All conveyances, including aircraft, vehicles, or vessels, which are
23 used, or intended for use, to transport, or in any manner to facilitate
24 the transportation, delivery, receipt, possession or concealment, for the
25 purpose of distribution or receipt of property described in paragraph (1)
26 or (2) hereof, but:
27 (A) No conveyance used by any person as a common carrier in the
28 transaction of business as a common carrier is subject to forfeiture
29 under this section unless it appears that the owner or other person
30 in charge of the conveyance is a consenting party or privy to a
31 violation of this act;
32 (B) No conveyance is subject to forfeiture under this section if the
33 owner establishes that he could not have known in the exercise of
34 reasonable diligence that the conveyance was being used, had been
35 used, was intended to be used or had been intended to be used in any
36 manner described in subsection (a)(4) of this section;
37 (C) A forfeiture of a conveyance encumbered by a bona fide security
38 interest is subject to the interest of the secured party if the secu-
39 rity interest was created without any knowledge or reason to believe
40 that the conveyance was being used, had been used, was intended to be
41 used, or had been intended to be used for the purpose alleged.
42 (5) All books, records, and research products and materials, including
43 formulas, microfilm, tapes, and data which are used, or intended for use,
44 in violation of this act.
45 (6) (A) All moneys, currency, negotiable instruments, securities or
46 other items easily liquidated for cash, such as, but not limited to,
47 jewelry, stocks and bonds, or other property described in paragraphs
48 (2) and (3) hereof, found in close proximity to property described in
49 paragraph (1), (2), (3), (5), (7) or (8) of subsection (a) of this
50 section or which has been used or intended for use in connection with
51 the illegal manufacture, distribution, dispensing or possession of
52 property described in paragraph (1), (2), (3), (5), (7) or (8) of
53 subsection (a) of this section;
79
1 (B) Items described in paragraph (6)(A) above or other things of
2 value furnished or intended to be furnished by any person in exchange
3 for a contraband controlled substance in violation of this chapter,
4 all proceeds, including items of property traceable to such an
5 exchange, and all moneys or other things of value used or intended to
6 be used to facilitate any violation of this chapter, except that no
7 property shall be forfeited under this paragraph to the extent of the
8 interest of an owner, by reason of any act or omission established by
9 that owner to have been committed or omitted without the knowledge or
10 consent of that owner.
11 (7) All drug paraphernalia as defined by section 37-2701, Idaho Code.
12 (8) All simulated controlled substances, which are used or intended for
13 use in violation of this chapter.
14 (9) All weapons, or firearms, which are used in any manner to facilitate
15 a violation of the provisions of this chapter.
16 (b) Property subject to forfeiture under this chapter may be seized by
17 the director, or any peace officer of this state, upon process issued by any
18 district court, or magistrate's division thereof, having jurisdiction over the
19 property. Seizure without process may be made if:
20 (1) The seizure is incident to an arrest or a search under a search war-
21 rant or an inspection under an administrative inspection warrant;
22 (2) The property subject to seizure has been the subject of a prior judg-
23 ment in favor of the state in a criminal racketeering or civil forfeiture
24 proceeding based upon a violation of this chapter;
25 (3) Probable cause exists to believe that the property is directly or
26 indirectly dangerous to health or safety; or
27 (4) Probable cause exists to believe that the property was used or is
28 intended to be used in violation of this chapter.
29 (c) In the event of seizure pursuant to subsection (b) of this section,
30 proceedings under subsection (d) of this section shall be instituted promptly.
31 (1) When property is seized under this section, the director or the peace
32 officer who seized the property may:
33 (A) Place the property under seal;
34 (B) Remove the property to a place designated by it; or
35 (C) Take custody of the property and remove it to an appropriate
36 location for disposition in accordance with law.
37 (2) The peace officer who seized the property shall within five (5) days
38 notify the director of such seizure.
39 (3) In the event of seizure pursuant to subsection (b) of this section,
40 proceedings under subsection (d) of this section shall be instituted
41 within thirty (30) days by the director or appropriate prosecuting attor-
42 ney.
43 (d) Property taken or detained under this section shall not be subject to
44 replevin, but is deemed to be in the custody of the director, or appropriate
45 prosecuting attorney, subject only to the orders and decrees of the district
46 court, or magistrate's division thereof, having jurisdiction over the forfei-
47 ture proceedings. Forfeiture proceedings shall be civil actions against the
48 property subject to forfeiture and the standard of proof shall be preponder-
49 ance of the evidence.
50 (1) All property described in paragraphs (1), (7) and (8) of subsection
51 (a) hereof shall be deemed contraband and shall be summarily forfeited to
52 the state. Controlled substances which are seized or come into possession
53 of the state, the owners of which are unknown, shall be deemed contraband
54 and shall be summarily forfeited to the state.
55 (2) When property described in paragraphs (2), (3), (4), (5) and (6) of
80
1 subsection (a) hereof is seized pursuant to this section, forfeiture pro-
2 ceedings shall be filed in the office of the clerk of the district court
3 for the county wherein such property is seized. The procedure governing
4 such proceedings shall be the same as that prescribed for civil proceed-
5 ings by the Idaho Rules of Civil Procedure. The court shall order the
6 property forfeited to the director, or appropriate prosecuting attorney,
7 if he determines that such property was used, or intended for use, in
8 violation of this chapter, or, in the case of items described in paragraph
9 (6)(A) of subsection (a), was found in close proximity to property
10 described in paragraph (1), (2), (3), (5), (7) or (8) of subsection (a) of
11 this section.
12 (3) When conveyances, including aircraft, vehicles, or vessels are seized
13 pursuant to this section a complaint instituting forfeiture proceedings
14 shall be filed in the office of the clerk of the district court for the
15 county wherein such conveyance is seized.
16 (A) Notice of forfeiture proceedings shall be given each owner or
17 party in interest who has a right, title, or interest which in the
18 case of a conveyance shall be determined by the record in the Idaho
19 transportation department or a similar department of another state if
20 the records are maintained in that state, by serving a copy of the
21 complaint and summons according to one (1) of the following methods:
22 (I) Upon each owner or party in interest by mailing a copy of
23 the complaint and summons by certified mail to the address as
24 given upon the records of the appropriate department.
25 (II) Upon each owner or party in interest whose name and
26 address is known, by mailing a copy of the notice by registered
27 mail to the last-known address.
28 (B) Within twenty (20) days after the mailing or publication of the
29 notice, the owner of the conveyance or claimant may file a verified
30 answer and claim to the property described in the complaint institut-
31 ing forfeiture proceedings.
32 (C) If at the end of twenty (20) days after the notice has been
33 mailed there is no verified answer on file, the court shall hear evi-
34 dence upon the fact of the unlawful use, or intent to use, and shall
35 order the property forfeited to the director, or appropriate prose-
36 cuting attorney, if such fact is proved.
37 (D) If a verified answer is filed, the forfeiture proceeding shall
38 be set for hearing before the court without a jury on a day not less
39 than thirty (30) days therefrom; and the proceeding shall have prior-
40 ity over other civil cases.
41 (I) At the hearing any owner who has a verified answer on file
42 may show by competent evidence that the conveyance was not used
43 or intended to be used in any manner described in subsection
44 (a)(4) of this section.
45 (II) At the hearing any owner who has a verified answer on file
46 may show by competent evidence that his interest in the convey-
47 ance is not subject to forfeiture because he could not have
48 known in the exercise of reasonable diligence that the convey-
49 ance was being used, had been used, was intended to be used or
50 had been intended to be used in any manner described in subsec-
51 tion (a)(4) of this section.
52 (III) If the court finds that the property was not used or was
53 not intended to be used in violation of this act, or is not sub-
54 ject to forfeiture under this act, the court shall order the
55 property released to the owner as his right, title, or interest
81
1 appears on records in the appropriate department as of the sei-
2 zure.
3 (IV) An owner, co-owner or claimant of any right, title, or
4 interest in the conveyance may prove that his right, title, or
5 interest, whether under a lien, mortgage, conditional sales con-
6 tract or otherwise, was created without any knowledge or reason
7 to believe that the conveyance was being used, had been used,
8 was intended to be used, or had been intended to be used for the
9 purpose alleged;
10 (i) In the event of such proof, the court shall order the
11 conveyance released to the bona fide or innocent owner,
12 purchaser, lienholder, mortgagee, or conditional sales
13 vendor. The court may order payment of all costs incurred
14 by the state or law enforcement agency as a result of such
15 seizure.
16 (ii) If the amount due to such person is less than the
17 value of the conveyance, the conveyance may be sold at pub-
18 lic auction by the director or appropriate prosecuting
19 attorney. The director, or appropriate prosecuting attor-
20 ney, shall publish a notice of the sale by at least one (1)
21 publication in a newspaper published and circulated in the
22 city, community or locality where the sale is to take place
23 at least one (1) week prior to sale of the conveyance. The
24 proceeds from such sale shall be distributed as follows in
25 the order indicated;
26 1. To the bona fide or innocent owner, purchaser,
27 conditional sales vendor, lienholder or mortgagee of
28 the conveyance, if any, up to the value of his inter-
29 est in the conveyance.
30 2. The balance, if any, in the following order:
31 A. To the director, or appropriate prosecuting
32 attorney, for all expenditures made or incurred
33 by it in connection with the sale, including
34 expenditure for any necessary repairs, storage,
35 or transportation of the conveyance, and for all
36 expenditures made or incurred by him in connec-
37 tion with the forfeiture proceedings including,
38 but not limited to, expenditures for witnesses'
39 fees, reporters' fees, transcripts, printing,
40 traveling and investigation.
41 B. To the law enforcement agency of this state
42 which seized the conveyance for all expenditures
43 for traveling, investigation, storage and other
44 expenses made or incurred after the seizure and
45 in connection with the forfeiture of any convey-
46 ance seized under this act.
47 C. The remainder, if any, to the director for
48 credit to the drug enforcement donation account
49 fund or to the appropriate prosecuting attorney
50 for credit to the local drug enforcement donation
51 account fund, or its equivalent.
52 (iii) In any case, the director, or appropriate prosecuting
53 attorney, may, within thirty (30) days after judgment, pay
54 the balance due to the bona fide lienholder, mortgagee or
55 conditional sales vendor and thereby purchase the convey-
82
1 ance for use to enforce this act.
2 (e) When property is forfeited under this section, or is received from a
3 federal enforcement agency, the director, or appropriate prosecuting attorney,
4 may:
5 (1) Retain it for official use;
6 (2) Sell that which is not required to be destroyed by law and which is
7 not harmful to the public.
8 The director, or appropriate prosecuting attorney, shall publish a notice of
9 the sale by at least one (1) publication in a newspaper published and circu-
10 lated in the city, community or locality where the sale is to take place at
11 least one (1) week prior to sale of the property. The proceeds from such sale
12 shall be distributed as follows in the order indicated:
13 (A) To the director, or prosecuting attorney on behalf of the county
14 or city law enforcement agency, for all expenditures made or incur-
15 red in connection with the sale, including expenditure for any neces-
16 sary repairs, maintenance, storage or transportation, and for all
17 expenditures made or incurred in connection with the forfeiture pro-
18 ceedings including, but not limited to, expenditures for witnesses'
19 fees, reporters' fees, transcripts, printing, traveling and investi-
20 gation.
21 (B) To the law enforcement agency of this state which seized the
22 property for all expenditures for traveling, investigation, storage
23 and other expenses made or incurred after the seizure and in connec-
24 tion with the forfeiture of any property seized under this act.
25 (C) The remainder, if any, to the director for credit to the drug
26 enforcement donation account fund or to the appropriate prosecuting
27 attorney for credit to the local agency's drug enforcement donation
28 account fund.
29 (3) Take custody of the property and remove it for disposition in accor-
30 dance with law; or
31 (f) (1) The director or any peace officer of this state seizing any of
32 the property described in paragraphs (1) and (2) of subsection (a) of this
33 section shall cause a written inventory to be made and maintain custody of
34 the same until all legal actions have been exhausted unless such property
35 has been placed in lawful custody of a court or state or federal law
36 enforcement agency. After all legal actions have been exhausted with
37 respect to such property, the property shall be surrendered by the court,
38 law enforcement agency, or person having custody of the same to the direc-
39 tor to be destroyed pursuant to paragraph (2) hereof. The property shall
40 be accompanied with a written inventory on forms furnished by the direc-
41 tor.
42 (2) All property described in paragraphs (1) and (2) of subsection (a)
43 which is seized or surrendered under the provisions of this act may be
44 destroyed after all legal actions have been exhausted. The destruction
45 shall be done under the supervision of the supervisory drug analyst of the
46 department of law enforcement Idaho state police, a representative of the
47 office of the director and a representative of the state board of phar-
48 macy. An official record listing the property destroyed and the location
49 of destruction shall be kept on file at the office of the director.
50 Except, however, that the director of the department of law enforcement
51 Idaho state police or his designee may authorize the destruction of drug
52 or nondrug evidence, or store those items at government expense when, in
53 the opinion of the director or his designee, it is not reasonable to
54 remove or transport such items from the location of the seizure for
55 destruction. In such case, a representative sample will be removed and
83
1 preserved for evidentiary purposes and, when practicable, destroyed as
2 otherwise is in accordance with this chapter. On-site destruction of such
3 items shall be witnessed by at least two (2) persons, one (1) of whom
4 shall be the director or his designee who shall make a record of the
5 destruction.
6 (g) Species of plants from which controlled substances in schedules I and
7 II may be derived which have been planted or cultivated in violation of this
8 act, or of which the owners or cultivators are unknown, or which are wild
9 growths, may be seized and summarily forfeited to the state.
10 (h) The failure, upon demand by the director, or his duly authorized
11 agent, of the person in occupancy or in control of land or premises upon which
12 the species of plants are growing or being stored, to produce an appropriate
13 registration, or proof that he is the holder thereof, constitutes authority
14 for the seizure and forfeiture of the plants.
15 (i) The director shall have the authority to enter upon any land or into
16 any dwelling pursuant to a search warrant, to cut, harvest, carry off or
17 destroy such plants described in subsection (g) hereof.
18 SECTION 90. That Section 37-2744B, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 37-2744B. AUTHORIZATION TO RECEIVE AND ADMINISTER FEDERAL FORFEITURES AND
21 PRIVATE DONATIONS. The director of the department of law enforcement Idaho
22 state police is authorized to receive and dispose of any real or personal
23 property which has been seized by a federal drug enforcement agency, or any
24 donations from private citizens, the proceeds of which shall be placed in the
25 drug enforcement donation account fund created in section 57-816, Idaho Code.
26 SECTION 91. That Section 37-2803, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 37-2803. INVENTORY. Any peace officer of this state seizing property sub-
29 ject to forfeiture under the provisions of this chapter shall cause a written
30 inventory to be made and maintain custody of the same until all legal actions
31 have been exhausted. A copy of the inventory shall be sent, within five (5)
32 days of the seizure, to the director of the department of law enforcement
33 Idaho state police. Upon completion of the forfeiture action pursuant to this
34 chapter, a final inventory shall be made which indicates the disposition of
35 the seized property, and a copy of that inventory shall also be sent to the
36 director of the department of law enforcement Idaho state police.
37 SECTION 92. That Section 37-2807, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 37-2807. PERSONAL PROPERTY -- RIGHTS OF THIRD PARTIES. (1) Within five
40 (5) days of any of the events specified in section 37-2806, Idaho Code,
41 notice, including a copy of the request for forfeiture, shall be given to each
42 co-owner or party in interest who has or claims any right, title or interest
43 in any of such personal property according to one (1) of the following meth-
44 ods:
45 (a) Upon each co-owner of or party in interest in a titled motor vehicle,
46 aircraft or other conveyance, by mailing notice by certified mail to the
47 address of each co-owner and party in interest as given upon the records
48 of the appropriate department of state or federal government where records
49 relating to such conveyances are maintained.
84
1 (b) Upon each secured party and assignee designated as such in any UCC-1
2 financing statement on file in an appropriate filing office covering any
3 personal property sought to be forfeited, by mailing notice by certified
4 mail to the secured party and the assignee, if any, at their respective
5 addresses as shown on such financing statement.
6 (c) Upon each co-owner or party in interest whose name and address is
7 known, by mailing notice by registered mail to the last-known address of
8 such person.
9 (2) Within twenty (20) days after the mailing of the notice, the co-owner
10 or party in interest may file a verified answer and claim to the property
11 described in the notice.
12 (3) If a verified answer is filed within twenty (20) days after mailing
13 of the notice, the forfeiture proceeding against all co-owners and parties in
14 interest who have filed verified answers shall be set for hearing before the
15 court without a jury on a day not less than sixty (60) days after the mailing
16 of the notice; and the proceeding shall have priority over other civil cases.
17 (a) At the hearing, any co-owner or party in interest who has a verified
18 answer on file may show by competent evidence that his interest in the
19 titled motor vehicle, aircraft or other conveyance is not subject to for-
20 feiture because he could not have known in the exercise of reasonable
21 diligence that the titled motor vehicle, aircraft or other conveyance was
22 being used, had been used or was intended to be used for the purposes
23 described in section 37-2801, Idaho Code.
24 (b) A co-owner, or claimant of any right, title, or interest in the prop-
25 erty may prove that his right, title or interest, whether under a lien,
26 mortgage, security agreement, conditional sales contract or otherwise, was
27 created without any knowledge or reason to believe that the property was
28 being used, had been used or was intended to be used for the purpose
29 alleged;
30 (i) In the event of such proof, the court shall order that portion
31 of the property or interest released to the bona fide or innocent co-
32 owner, purchaser, lienholder, mortgagee, secured party or conditional
33 sales vendor.
34 (ii) If the amount due to such person is less than the value of the
35 property, the property may be sold at public auction or in another
36 commercially reasonable method by the attorney general or appropriate
37 prosecuting attorney. If sold at public auction, the attorney gen-
38 eral, or appropriate prosecuting attorney, shall publish a notice of
39 the sale by at least one (1) publication in a newspaper published and
40 circulated in the city, community or locality where the sale is to
41 take place at least one (1) week prior to sale of the property. The
42 proceeds from such sale shall be distributed as follows in the order
43 indicated:
44 1. To the bona fide or innocent co-owner, purchaser, condi-
45 tional sales vendor, lienholder, mortgagee or secured party of
46 the property, if any, up to the value of his interest in the
47 property.
48 2. The balance, if any, in the following order:
49 (A) To the attorney general or appropriate prosecuting
50 attorney, for all expenditures made or incurred by them in
51 connection with the sale, including expenditure for any
52 necessary repairs, storage or transportation of the prop-
53 erty, and for all expenditures made or incurred by him in
54 connection with the forfeiture proceedings including, but
55 not limited to, expenditures for witnesses' fees,
85
1 reporters' fees, transcripts, printing, traveling and
2 investigation.
3 (B) To the law enforcement agency of this state which
4 seized the property for all expenditures for traveling,
5 investigation, storage and other expenses made or incurred
6 after the seizure and in connection with the forfeiture of
7 any property seized under this chapter.
8 (C) The remainder, if any, to the director of law enforce-
9 ment the Idaho state police for credit to the drug enforce-
10 ment donation account fund created in section 57-816, Idaho
11 Code, or to the appropriate prosecuting attorney for credit
12 to the local drug enforcement donation account fund, or its
13 equivalent.
14 3. Notwithstanding any other provision of this section, upon
15 being satisfied that the interest of a co-owner or claimant
16 should not be subject to forfeiture because they neither knew
17 nor should have known that the personal property was being used
18 or had been used for the purposes alleged, or that due to preex-
19 isting security interests in such property there is no equity
20 which may be forfeited, the attorney general or appropriate
21 prosecuting attorney may release the property to the co-owner,
22 holder of the security interest, or other claimant.
23 4. In any case, the attorney general, or appropriate prosecut-
24 ing attorney, may, within thirty (30) days after order of for-
25 feiture, pay the balance due to the bona fide lienholder, mort-
26 gagee, secured party or conditional sales vendor and thereby
27 purchase the property for use to enforce this chapter.
28 SECTION 93. That Section 37-2808, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 37-2808. REAL PROPERTY -- RIGHTS OF THIRD PARTIES. (1) Real property sub-
31 ject to forfeiture under the provisions of this chapter may be seized by the
32 attorney general or appropriate prosecuting attorney upon determining that a
33 parcel of property is subject to forfeiture, by filing a notice of seizure
34 with the recorder of the county in which the property or any part thereof is
35 situated. The notice must contain a legal description of the property sought
36 to be forfeited; provided however, that in the event the property sought to be
37 forfeited is part of a greater parcel, the attorney general or appropriate
38 prosecuting attorney may, for the purposes of this notice, use the legal
39 description of the greater parcel. The attorney general or appropriate prose-
40 cuting attorney shall also send by certified mail a copy of the notice of sei-
41 zure to any persons holding a recorded interest or of whose interest the
42 attorney general or appropriate prosecuting attorney has actual knowledge. The
43 attorney general or appropriate prosecuting attorney shall post a similar copy
44 of the notice conspicuously upon the property and publish a copy thereof once
45 a week for three (3) consecutive weeks immediately following the seizure in a
46 newspaper published in the county. The co-owner or party in lawful possession
47 of the property sought to be forfeited may retain possession and use thereof
48 and may collect and keep income from the property while the forfeiture pro-
49 ceedings are pending.
50 (2) In the event of a seizure pursuant to subsection (1) of this section,
51 a request for forfeiture shall be filed with the trial court within the time
52 limit imposed by section 37-2804, Idaho Code. The request shall be served in
53 the same manner as complaints subject to the Idaho rules of civil procedure on
86
1 all persons having an interest in the real property sought to be forfeited.
2 (3) Notwithstanding any other provision of this section, upon being sat-
3 isfied that the interest of a co-owner or claimant should not be subject to
4 forfeiture because they neither knew nor should have known that the real prop-
5 erty was being used or had been used for the purposes alleged, or that due to
6 preexisting security interests in such property there is no equity which may
7 be forfeited, the attorney general or appropriate prosecuting attorney may
8 release the property to the co-owner, holder of the security interest, or
9 other claimant.
10 (4) Within twenty (20) days of the mailing of the notice, the co-owner or
11 party in interest may file a verified answer and claim to the property
12 described in the notice.
13 (5) If a verified answer is filed within twenty (20) days after mailing
14 of the notice, the forfeiture proceeding against all co-owners and parties in
15 interest who have filed verified answers shall be set for hearing before the
16 court without a jury on a day not less than sixty (60) days after the mailing
17 of the notice; and the proceeding shall have priority over other civil cases.
18 (a) A co-owner, or claimant of any right, title or interest in the real
19 property sought to be forfeited may prove that his right, title or inter-
20 est, whether under a lien, mortgage, deed of trust or otherwise, was cre-
21 ated without any knowledge or reason to believe that the real property was
22 being used or had been used for the purposes alleged;
23 (b) Any co-owner who has a verified answer on file may show by competent
24 evidence that his interest in the property sought to be forfeited is not
25 subject to forfeiture because he could not have known in the exercise of
26 reasonable diligence that the real property was being used, or had been
27 used in any manner in violation of the provisions of section 37-2801,
28 Idaho Code.
29 (6) In the event of such proof, the court shall order the release of the
30 interest of the co-owner, purchaser, lienholder, mortgagee or beneficiary.
31 (a) If the amount due to such person is less than the value of the real
32 property, the real property may be sold in a commercially reasonable man-
33 ner by the attorney general or appropriate prosecuting attorney. The pro-
34 ceeds from such sale shall be distributed as follows in the order indi-
35 cated:
36 (i) To the innocent co-owner, purchaser, mortgagee or beneficiary of
37 the real property, if any, up to the value of his interest in the
38 real property.
39 (ii) The balance, if any, in the following order:
40 1. To the attorney general or appropriate prosecuting attorney
41 for all expenditures made or incurred in connection with the
42 sale, including expenditure for any necessary repairs or mainte-
43 nance of the real property, and for all expenditures made or
44 incurred in connection with the forfeiture proceedings includ-
45 ing, but not limited to, expenditures for witnesses' fees,
46 reporters' fees, transcripts, printing, travel, investigation,
47 title company fees and insurance premiums.
48 2. The remainder, if any, to the director of law enforcement
49 the Idaho state police for credit to the drug enforcement dona-
50 tion account fund created in section 57-816, Idaho Code.
51 (b) In any case, the attorney general or appropriate prosecuting attorney
52 may, within thirty (30) days after the order of forfeiture, pay the bal-
53 ance due to the innocent co-owner, purchaser, lienholder, mortgagee or
54 beneficiary and thereby purchase the real property for use in the enforce-
55 ment of this chapter.
87
1 SECTION 94. That Section 37-3105, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 37-3105. REPORTS -- FORM. Every physician that provides treatment or
4 rehabilitation services to a person addicted to or dependent upon drugs shall
5 each quarter of every year, commencing July 1, 1971, make a statistical report
6 to the director of the department of health and welfare or his designee in
7 such form and manner as the director of the department of health and welfare
8 shall prescribe for each such person treated or to whom rehabilitation ser-
9 vices were provided during the preceding quarter. The form of the report pre-
10 scribed shall be furnished by the director of the department of health and
11 welfare and be so designated that a carbon copy shall be sent quarterly to the
12 bureau of narcotics and drug enforcement of the department of law enforcement
13 director of the Idaho state police and the state board of pharmacy; the report
14 shall include the doctor's signature. The name or address of any person
15 treated or to whom rehabilitation services were provided shall not be
16 reported.
17 SECTION 95. That Section 39-3026, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 39-3026. IMPLEMENTATION OF ARTICLE III. The state department of health
20 and welfare, as the designated state radiation control agency, shall adopt the
21 practices and may impose the fees authorized under article III of the compact,
22 except that the department of law enforcement Idaho state police and the pub-
23 lic utilities commission shall retain their existing enforcement and inspec-
24 tion authority relating to carriers. The board of health and welfare shall
25 adopt such rules and regulations as may be necessary to enable the department
26 of health and welfare to carry out the provisions of this section.
27 SECTION 96. That Section 39-3372, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 39-3372. APPLICATION FOR CERTIFICATION. An application for certification
30 shall be made to regional offices of the department upon forms provided by the
31 department and shall contain such information as the department reasonably
32 requires which will include a background check and fingerprinting with the
33 Idaho department of law enforcement state police. Following receipt of an
34 application, the department shall conduct a study, including a visit to the
35 home, to determine the capability of the provider to provide adult foster
36 care.
37 SECTION 97. That Section 39-3562, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 39-3562. APPLICATION FOR CERTIFICATION. An application for certification
40 shall be made to regional offices of the department upon forms provided by the
41 department and shall contain such information as the department reasonably
42 requires which will include a background check and fingerprinting with the
43 Idaho department of law enforcement state police. Following receipt of an
44 application, the department shall conduct a study, including a visit to the
45 home, to determine the capability of the provider to provide adult foster
46 care.
47 SECTION 98. That Section 39-4410, Idaho Code, be, and the same is hereby
88
1 amended to read as follows:
2 39-4410. TRANSPORTATION OF HAZARDOUS WASTE. (1) The board shall promul-
3 gate hazardous waste transportation rules and regulations to control the
4 intrastate and interstate transportation of federally regulated types and
5 quantities of hazardous waste. The rules and regulations shall be consistent
6 with the rules and regulations issued by the United States department of
7 transportation and the United States environmental protection agency. The
8 rules and regulations shall also be consistent with the rules and regulations
9 of the Idaho public utilities commission unless such consistency would impair
10 the primacy or the effectiveness of the state's hazardous waste management
11 program. In that case the board shall confer with the commission and endeavor
12 to develop mutually acceptable transportation rules and regulations. If mutu-
13 ally acceptable rules and regulations cannot be developed, the board shall
14 promulgate transportation rules and regulations that minimize conflict with
15 the commission's rules and regulations while assuring the primary authority
16 and effectiveness of the state's hazardous waste management program. Rules and
17 regulations so promulgated by the board shall prevail over conflicting rules
18 and regulations of the commission.
19 (2) The hazardous waste transportation rules and regulations shall apply
20 to all transporters of federally regulated types and quantities of hazardous
21 waste generated either by themselves or by others. These rules and regulations
22 shall apply to any movement of a regulated quantity of hazardous wastes to or
23 from a hazardous waste facility or site.
24 (3) The hazardous waste transportation rules and regulations shall pro-
25 vide for but not be limited to:
26 (a) Standards for the containerization and labeling of hazardous wastes;
27 (b) Standards for the handling and placarding of hazardous waste ship-
28 ments;
29 (c) A hazardous waste tracking system requiring that:
30 (i) All transporters of federally regulated types and quantities of
31 hazardous waste obtain an identification number from the department,
32 the environmental protection agency, or another approved state pro-
33 gram, before accepting hazardous waste for transport;
34 (ii) All shipments of federally regulated types and quantities of
35 hazardous waste to be shipped off site or received from off site be
36 accompanied by a manifest or similar form describing the hazardous
37 waste being shipped and its destination;
38 (iii) A copy of each manifest or similar form be returned to the gen-
39 erator and/or originator of the shipment and a copy be retained by
40 the transporter for a minimum of three (3) years.
41 (4) The hazardous waste transportation rules and regulations may provide
42 for special routing of hazardous waste shipments in this state when necessary
43 to protect the public health, the public safety, or the environment consistent
44 with federal statutory, regulatory and constitutional requirements.
45 (5) No commercial hazardous waste disposal facility or site permitted
46 under section 39-4409, Idaho Code, shall receive regulated quantities of haz-
47 ardous waste as defined by federal law from a motor vehicle or trailer unless
48 the hazardous waste is accompanied by a proper manifest and the transporter
49 has obtained a special permit from the Idaho transportation department as pro-
50 vided in sections 49-2202 and 49-2203, Idaho Code. If an improperly documented
51 shipment of hazardous waste arrives at a permitted commercial hazardous waste
52 facility or site, the owner or operator of the facility or site shall immedi-
53 ately notify the Idaho transportation department and the Idaho department of
54 law enforcement state police and follow the requirements of its permits and
89
1 licenses for notification of appropriate agencies.
2 SECTION 99. That Section 39-5814, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 39-5814. DUTIES OF DIRECTOR UPON RECEIPT OF A SITING LICENSE APPLICATION
5 -- RECOMMENDATION. (1) Upon receipt of a complete siting license application,
6 the director or an authorized representative of the director shall:
7 (a) Immediately notify the permanent panel members, the city and/or
8 county in which the hazardous waste treatment, storage, or disposal facil-
9 ity is located or proposed to be located, the state fire marshal, the
10 director of the department of fish and game, the director of the depart-
11 ment of law enforcement Idaho state police, and each division within the
12 department that has responsibility in land, air or water management, and
13 other appropriate agencies. The notice shall describe the procedure and
14 the schedule based on the complexity of the application by which the sit-
15 ing license may be approved or denied.
16 (b) Immediately publish a notice that the application has been received,
17 as provided in section 60-109, Idaho Code, in a newspaper having major
18 circulation in the county and the immediate vicinity of the proposed haz-
19 ardous waste treatment, storage, or disposal facility. The required pub-
20 lished notice shall contain a map indicating the location of the proposed
21 hazardous waste treatment, storage, or disposal facility and shall contain
22 a description of the proposed action and the location where the complete
23 application package may be reviewed and where copies may be obtained. The
24 notice shall describe the procedure by which the siting license may be
25 granted.
26 (2) Upon notification by the director, the chairman shall immediately
27 notify the representatives of the state to the panel and the public members.
28 The chairman shall also notify the applicable county and city for their
29 appointment of members as provided in subsection (3) of section 39-5812, Idaho
30 Code. Within thirty (30) days after the notification, the board of commission-
31 ers of the county and the city council shall select the members to serve on
32 the panel. The panel shall be created at that time and notification of the
33 creation of the panel shall be made to the chairman.
34 (3) If technical criteria are not applicable, the director shall submit
35 to the panel a draft site license which includes conditions based on the
36 information submitted in the application. The director shall also recommend to
37 the panel that the license be issued or denied. The draft license submittal
38 shall be made within sixty-five (65) days after a complete application is
39 received.
40 (4) If technical criteria as adopted in the hazardous waste management
41 plan are applicable, the director shall determine if the proposed facility
42 complies with the criteria. Such determination shall be made within forty-five
43 (45) days after a complete application is received. If the technical criteria
44 are not met, the director shall deny the license and the panel shall be dis-
45 banded. If the technical criteria are met, the director shall submit to the
46 panel a draft site license which includes conditions regarding the technical
47 criteria to be met. These conditions may be more stringent than those in the
48 plan if warranted by information provided in the application. The draft
49 license may also include additional conditions based on the information sub-
50 mitted in the application regarding the construction of the facility. The
51 director shall also recommend to the panel that the license be issued or
52 denied. The denial or draft license submittal shall be made within sixty-five
53 (65) days after a complete application is received. The director shall immedi-
90
1 ately notify the applicant and the chairman of the panel of the denial or
2 draft license submittal.
3 (5) Within ten (10) days after submittal of a draft license, the panel
4 shall meet to review and establish a timetable for the consideration of the
5 draft site license.
6 (6) The panel shall:
7 (a) Set a date and arrange for publication of notice of a public hearing
8 in a newspaper having major circulation in the vicinity of the proposed
9 site, at its first meeting. The public notice shall:
10 (i) Contain a map indicating the location of the proposed hazardous
11 waste treatment, storage, or disposal facility, a description of the
12 proposed action, and the location where the application for a siting
13 license may be reviewed and where copies may be obtained;
14 (ii) Identify the time, place and location for the public hearing
15 held to receive public comment and input on the application for a
16 siting license;
17 (b) Publish the notice not less than thirty (30) days before the date of
18 the public hearing and the notice shall be, at a minimum, a twenty (20)
19 days' notice as provided in section 60-109, Idaho Code.
20 (7) Comment and input on the proposed hazardous waste treatment, storage,
21 or disposal facility may be presented orally or in writing at the public hear-
22 ing, and shall continue to be accepted in writing by the panel for fifteen
23 (15) days after the public hearing date.
24 (8) The panel shall consider, among other things:
25 (a) The risk and impact of accident during the transportation of hazard-
26 ous waste;
27 (b) The risk of fires or explosions from improper treatment, storage, or
28 disposal methods;
29 (c) The impact on local units of government where the proposed hazardous
30 waste treatment, storage, or disposal facility is to be located in terms
31 of health, safety, cost and consistency with local planning and existing
32 development. The panel shall also consider city and county ordinances,
33 permits or other requirements and their potential relationship to the pro-
34 posed hazardous waste treatment, storage, or disposal facility;
35 (d) The nature of the probable environmental impact.
36 (9) The panel's primary responsibility shall be to consider the concerns
37 and objections submitted by the public. The panel shall facilitate efforts to
38 provide that the concerns and objections are mitigated by proposing additional
39 conditions regarding the construction of the facility. The panel may propose
40 conditions which integrate the provisions of the city or county ordinances,
41 permits or requirements.
42 (10) Within ninety (90) days after creation, the panel shall recommend to
43 the director that the license be issued as proposed, issued with different or
44 additional conditions, or denied. The director shall make a final decision
45 within thirty (30) days after receipt of the panel's recommendation. If the
46 panel recommends different or additional conditions, a clear statement of the
47 need for the condition must be submitted to the director. If the panel recom-
48 mends denial, a clear statement of the reasons for the denial must be submit-
49 ted to the director.
50 (11) The director shall issue a siting license if the director determines
51 that:
52 (a) The technical criteria are met;
53 (b) The harm to scenic, historic, cultural or recreational values is not
54 substantial or can be mitigated by appropriate license conditions;
55 (c) The risk and impact of accident during transportation of hazardous
91
1 waste is not substantial or can be mitigated with appropriate license con-
2 ditions;
3 (d) The impact on local government is not adverse regarding health,
4 safety, cost and consistency with local planning and existing development
5 or can be mitigated with appropriate license conditions; and
6 (e) No other major concerns have been raised by the panel regarding pub-
7 lic health or the environment which cannot be mitigated by special license
8 conditions.
9 (12) An applicant denied a siting license pursuant to this chapter or any
10 person aggrieved by a decision of the director pursuant to this chapter may
11 within twenty-eight (28) days, after all remedies have been exhausted under
12 the provisions of this chapter, seek judicial review under the procedures pro-
13 vided in chapter 52, title 67, Idaho Code.
14 (13) No permit pursuant to section 39-4409, Idaho Code, shall be issued
15 unless the applicant has been issued a site license.
16 SECTION 100. That Section 39-6316, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 39-6316. LAW ENFORCEMENT OFFICERS -- TRAINING, POWERS, DUTIES. (1) All
19 training provided by the peace officers standards and training academy relat-
20 ing to the handling of domestic violence complaints by law enforcement offi-
21 cers shall stress enforcement of criminal laws in domestic situations, avail-
22 ability of community resources, and protection of the victim. Law enforcement
23 agencies and community organizations with expertise in the issue of domestic
24 violence shall cooperate in all aspects of such training.
25 (2) When a peace officer responds to a domestic violence call, the offi-
26 cer shall give a written statement to victims which alert the victim to the
27 availability of a shelter or other resources in the community, and give the
28 victim a written notice provided by the department of law enforcement Idaho
29 state police substantially stating the following:
30 IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city
31 or county prosecuting attorney to file a criminal complaint. You also
32 have the right to file a petition in magistrate court requesting an
33 order for protection from domestic abuse which could include any of
34 the following: (a) an order restraining your abuser from further
35 acts of abuse; (b) an order directing your abuser to leave your
36 household; (c) an order preventing your abuser from entering your
37 residence, school, business, or place of employment; (d) an order
38 awarding you or the other parent custody of or visitation with your
39 minor child or children; and (e) an order restraining your abuser
40 from molesting or interfering with minor children in your custody.
41 The forms you need to obtain a protection order are available from
42 the clerk of the district court. The resources available in this com-
43 munity for information relating to domestic violence, treatment of
44 injuries and places of safety and shelters are: (For safety reasons,
45 inclusion of shelter/safe house addresses are is not necessary). You
46 also have the right to sue for losses suffered as a result of the
47 abuse, including medical and moving expenses, loss of earnings or
48 support, and other out-of-pocket expenses for injuries sustained and
49 damage to your property. This can be done without an attorney in
50 small claims court if the total amount claimed is less than three
51 thousand dollars ($3,000).
52 (3) The peace officer shall make every effort to arrange, offer, or
53 facilitate transportation for the victim to a hospital for treatment of inju-
92
1 ries or to a place of safety or shelter.
2 (4) The law enforcement agency shall forward the offense report to the
3 appropriate prosecutor within ten (10) days of making such report if there is
4 probable cause to believe that an offense has been committed, unless the case
5 is under active investigation.
6 SECTION 101. That Section 39-7105, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-7105. LOCAL EMERGENCY RESPONSE AUTHORITIES -- DESIGNATION. (1) It is
9 the purpose of the provisions of this section to provide for the designation
10 of local emergency response authorities for hazardous substance incidents.
11 (2) Cities and counties shall designate the local emergency response
12 authorities for hazardous substance incidents that occur within their respec-
13 tive jurisdictions. Cities and counties are encouraged to appoint a response
14 authority whose members will become trained in hazardous substance incident
15 response.
16 (a) The governing body of every city shall designate by ordinance or res-
17 olution a local emergency response authority for hazardous substance inci-
18 dents occurring within the corporate limits of such city. A city may des-
19 ignate the county as its emergency response authority and participate in
20 the county plan for hazardous substance incident response, and shall
21 notify the county of that designation in writing.
22 (b) The board of county commissioners of every county in the state shall
23 designate by ordinance or resolution a local emergency response authority
24 for hazardous substance incidents occurring within the unincorporated area
25 of such county.
26 (c) The governing body of every city and every board of county commis-
27 sioners shall notify the military division and Idaho emergency medical
28 services communications center of its designated local emergency response
29 authority. Such notification shall be in writing and shall occur as soon
30 as practicable, and, in any event, no later than sixty (60) calendar days
31 after this chapter becomes effective. Thereafter, any changes in such des-
32 ignations shall be communicated to the military division and Idaho emer-
33 gency medical services communications center no later than ten (10) work-
34 ing days before such change becomes effective.
35 (d) If no local emergency response authority having the ability to
36 respond to a hazardous substance incident exists within a city or county
37 or if such a political subdivision is unable to obtain the services of an
38 emergency response authority by way of a mutual aid agreement, contract or
39 otherwise, such city or county may petition the military division to des-
40 ignate an emergency response authority to respond to hazardous substance
41 incidents within the petitioning political subdivision's jurisdiction. The
42 military division, in consultation with such political subdivision, may
43 thereafter designate appropriate local emergency response authorities.
44 (3) If a hazardous substance incident occurs in an area in which no local
45 emergency response authority has been designated, or if the Idaho state police
46 division of the department of law enforcement has been designated as the local
47 emergency response authority, the Idaho state police division shall be the
48 local emergency response authority for such hazardous substance incident for
49 the purposes of this section.
50 SECTION 102. That Section 39-7408D, Idaho Code, be, and the same is
51 hereby amended to read as follows:
93
1 39-7408D. DUTIES OF THE DIRECTOR RELATIVE TO SITING APPLICATIONS. (1)
2 Upon receipt of a complete siting license application, the director or an
3 authorized representative of the director shall:
4 (a) Notify the permanent panel members, the city and/or county in which
5 the commercial solid waste facility is located or proposed to be located,
6 the director of the department of fish and game, the director of the
7 department of law enforcement Idaho state police, and other state agencies
8 as deemed appropriate by the director.
9 (b) Publish a notice that the application has been received, as provided
10 in section 60-109, Idaho Code, in a newspaper having major circulation in
11 the county and the immediate vicinity of the proposed commercial solid
12 waste facility. The notice shall contain a map indicating the location of
13 the proposed commercial solid waste facility, a description of the pro-
14 posed action and the location where the application may be reviewed. The
15 notice shall describe the procedure by which the siting license may be
16 granted.
17 (2) Upon notification by the director, the chairman shall immediately
18 notify the representatives of the state to the panel and the public members.
19 The chairman shall also notify the applicable county and city for their
20 appointment of members as provided in subsection (2) of section 39-7408B,
21 Idaho Code. Within thirty (30) days after the notification, the board of com-
22 missioners of the county and the city council shall select the members to
23 serve on the panel. The panel shall be created at that time and notification
24 of the creation of the panel shall be made to the chairman.
25 (3) Within thirty (30) days after appointment of panel members, the panel
26 shall meet to review and establish a timetable for the consideration of the
27 draft site license.
28 (4) The panel shall:
29 (a) Set a date and arrange for publication of notice of a public hearing
30 in a newspaper having major circulation in the vicinity of the proposed
31 site, at its first meeting. The public notice shall:
32 (i) Contain a map indicating the location of the proposed commercial
33 solid waste facility, a description of the proposed action, and the
34 location where the application for a siting license may be reviewed
35 and where copies may be obtained;
36 (ii) Identify the time, place and location for the public hearing
37 held to receive public comment and input on the application for a
38 siting license;
39 (b) Publish the notice not less than thirty (30) days before the date of
40 the public hearing and the notice shall be, at a minimum, a twenty (20)
41 days' notice as provided in section 60-109, Idaho Code.
42 (5) Comment and input on the proposed commercial solid waste facility may
43 be presented orally or in writing at the public hearing, and shall continue to
44 be accepted in writing by the panel for thirty (30) days after the public
45 hearing date. The public hearing shall be held in the same county as the pro-
46 posed site. If the proposed site is adjacent to a city or populated area in a
47 neighboring county, it is recommended that public hearings also be held in the
48 neighboring county.
49 (6) The panel shall consider, but not be limited to, the following:
50 (a) The risk of the spread of disease or impact upon public health from
51 improper treatment, storage, or incineration methods;
52 (b) The impact on local units of government where the proposed commercial
53 solid waste facility is to be located in terms of health, safety, cost and
54 consistency with local planning and existing development. The panel shall
55 also consider city and county ordinances, permits or other requirements
94
1 and their potential relationship to the proposed commercial solid waste
2 facility;
3 (c) The nature of the probable environmental and public health impact;
4 (d) The financial capability of the applicant to construct, operate and
5 close the commercial solid waste facility.
6 (7) The panel shall consider the concerns and objections submitted by the
7 public. The panel shall facilitate efforts to provide that the concerns and
8 objections are mitigated by proposing additional conditions regarding the con-
9 struction of the commercial solid waste facility. The panel may propose condi-
10 tions which integrate the provisions of the city or county ordinances, permits
11 or requirements.
12 (8) Within one hundred eighty (180) days after creation, the panel shall
13 recommend to the director that the license be issued, issued with conditions,
14 or rejected. The director shall act on a license application within sixty (60)
15 days after receipt of the panel's recommendation. If the panel recommends con-
16 ditions, a clear statement of the need for a condition must be submitted to
17 the director. If the panel recommends rejection, a clear statement of the rea-
18 sons for the denial must be submitted to the director.
19 (9) The director shall issue, issue with conditions or reject a siting
20 license only as recommended by the siting panel. The director may reconvene a
21 siting panel and request reconsideration of its original recommendation prior
22 to the director's final action.
23 (10) An applicant or any person aggrieved by a decision of the director
24 pursuant to this chapter may within sixty (60) days of the director's deci-
25 sion, and, after all remedies have been exhausted under the provisions of this
26 chapter, seek judicial review under the procedures provided in chapter 52,
27 title 67, Idaho Code, and may also seek de novo judicial review.
28 SECTION 103. That Section 40-510, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 40-510. PORTS OF ENTRY OR CHECKING STATIONS ESTABLISHED -- MOTOR VEHICLE
31 INVESTIGATOR ACTIVITIES -- AUTHORITY OF THE BOARD TO EMPLOY INDIVIDUALS. (1)
32 To augment and help make more efficient and effective the enforcement of cer-
33 tain laws of the state of Idaho, the Idaho transportation department is hereby
34 authorized and directed to establish from time to time temporary or permanent
35 ports of entry or checking stations upon any highways in the state of Idaho,
36 at such places as the Idaho transportation department shall deem necessary and
37 advisable.
38 (2) The board is authorized to appoint and employ individuals who shall
39 have limited peace officer authority for the enforcement of such motor vehicle
40 related laws as are herein specified:
41 (a) Sections 18-3906 and 18-8001, Idaho Code;
42 (b) Sections 25-1105 and 25-1182(2), Idaho Code;
43 (c) Sections 40-510 through 40-514, Idaho Code;
44 (d) Chapters 1 through 5, 9, 10, 11, 15 through 19, 22 and 24, title 49,
45 sections 49-619, 49-660, 49-1407, 49-1418 and 49-1427 through 49-1430,
46 Idaho Code; and
47 (e) Sections 63-2438, 63-2440, 63-2441 and 63-2443, Idaho Code.
48 (3) Motor vehicle investigators shall have the authority to access confi-
49 dential vehicle identification number information.
50 (4) Any employee so appointed shall have the authority to issue misde-
51 meanor traffic citations in accordance with the provisions of section 49-1409,
52 Idaho Code, and infraction citations in accordance with the provisions of
53 chapter 15, title 49, Idaho Code.
95
1 (5) No employee of the department shall carry or use a firearm of any
2 type in the performance of his duties unless specifically authorized in writ-
3 ing by the director of the department of law enforcement Idaho state police to
4 do so.
5 (6) The board is authorized to extend the authority as provided in this
6 section to authorized employees of contiguous states upon approval of a bilat-
7 eral agreement according to the provisions of section 40-317, Idaho Code.
8 SECTION 104. That Section 41-291, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 41-291. DEFINITIONS. As used in sections 41-290 through and including
11 section 41-298, Idaho Code:
12 (1) Sections 41-290 through 41-298, Idaho Code, shall be known as the
13 Idaho Arson and Fraud Reporting-Immunity Act.
14 (2) "Authorized agencies" shall mean:
15 (a) The director, department of law enforcement Idaho state police;
16 (b) The prosecuting attorney responsible for prosecution in the county
17 where the fire or fraud occurred;
18 (c) The attorney responsible for the prosecution in the county where the
19 fire or fraud occurred as designated by the attorney general;
20 (d) The department of insurance.
21 (3) Solely for the purpose of section 41-292(1), Idaho Code, "authorized
22 agencies" shall also include:
23 (a) The United States attorney's office when authorized or charged with
24 investigation or prosecution of the fire or fraud in question;
25 (b) The federal bureau of investigation or any other federal agency,
26 charged with investigation or prosecution of the fire or fraud in ques-
27 tion.
28 (4) "Relevant" means information having any tendency to make the exis-
29 tence of any fact that is of consequence to the investigation or determination
30 of the issue more probable or less probable than it would be without the evi-
31 dence.
32 (5) Material will be "deemed important," if within the sole discretion of
33 the "authorized agency," such material is requested by the "authorized
34 agency."
35 (6) "Action," as used in this statute, shall include nonaction or the
36 failure to take action.
37 (7) "Immunity" means that no civil action may arise against any person
38 for furnishing information pursuant to section 41-248, 41-258, 41-290, 41-292,
39 41-296 or 41-297, Idaho Code, where actual malice on the part of the insurance
40 company, department of insurance, state fire marshal, authorized agency, their
41 employees or agents, is not present.
42 (8) "Financial loss" includes, but is not limited to, loss of earnings,
43 out-of-pocket and other expenses, repair and replacement costs and claims pay-
44 ments.
45 (9) "Person" means a natural person, company, corporation, unincorporated
46 association, partnership, professional corporation and any other legal entity.
47 (10) "Practitioner" means a licensee of this state authorized to practice
48 medicine and surgery, psychology, chiropractic, law or any other licensee of
49 the state whose services are compensated, directly or indirectly, by insurance
50 proceeds, or a licensee similarly licensed in other states and nations or the
51 practitioner of any nonmedical treatment rendered in accordance with a recog-
52 nized religious method of healing.
53 (11) "Statement" includes, but is not limited to, any notice statement,
96
1 any statement submitted on applications for insurance, proof of claim, proof
2 of loss, bill of lading, receipt for payment, invoice, account, estimate of
3 property damages, bills for services, diagnosis, prescription, hospital or
4 doctor records, X-rays, test results or other evidence of loss, injury or
5 expense, whether oral, written or computer generated.
6 (12) "Insurer" shall mean any insurance company contemplated by title 41,
7 Idaho Code, any business operating as a self-insured for any purpose, the
8 state insurance fund, and any self-insured as contemplated by title 72, Idaho
9 Code.
10 SECTION 105. That Section 41-298, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 41-298. JURISDICTION -- CONSTRUCTION OF PROVISIONS. (1) The provisions of
13 this chapter shall not be construed to affect or repeal any ordinance of any
14 municipality relating to fire prevention or the control of arson or fraud, but
15 the jurisdiction of the state fire marshal, the director, department of insur-
16 ance, and the director, department of law enforcement Idaho state police, in
17 such municipality is to be concurrent with that of the municipal and county
18 authorities.
19 (2) With the exception of section 41-291(7), Idaho Code, all other provi-
20 sions of this chapter shall not be construed to impair any existing statutory
21 or common law rights or powers.
22 SECTION 106. That Section 46-1019, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 46-1019. EMERGENCY RESPONSE. (1) There is hereby created an emergency
25 response commission in the office of the governor. The commission shall con-
26 sist of the following state and local officials, industry representatives, or
27 their designees: the adjutant general of the Idaho national guard; the direc-
28 tor of the department of health and welfare; the state fire marshal; the
29 director of the department of law enforcement Idaho state police; the director
30 of the Idaho transportation department; the director of the department of
31 agriculture; the director of the department of lands; the director of the
32 Idaho geological survey; the director of the department of water resources;
33 the coordinator for INEEL oversight; one (1) member representing Idaho cities;
34 one (1) member of an organization representing farmers or ranchers; one (1)
35 member representing Idaho counties; one (1) member representing the hazardous
36 waste or materials transportation industry; one (1) member representing a user
37 of hazardous materials; one (1) member representing the Idaho state fire
38 chief's association; one (1) member representing the Idaho county sheriff's
39 association; one (1) member of the Idaho police chief's association; and one
40 (1) member at large representing the citizens of the state of Idaho. The last
41 nine (9) members shall be appointed by the governor to serve staggered three
42 (3) year terms. The manager of the bureau of disaster services and the manager
43 of the bureau of hazardous materials shall be nonvoting members of the commis-
44 sion. All members shall serve without compensation, except that members who
45 are not state officers or employees shall be compensated as provided in sec-
46 tion 59-509(g), Idaho Code. The governor shall appoint a chairman from the
47 appointees. The attorney general shall provide legal counsel to the commis-
48 sion.
49 (2) The commission shall act as an all-hazards advisory and coordinating
50 body to the governor for all types of disasters and emergencies which could
51 affect the citizens of Idaho. They shall review, evaluate, report and advise
97
1 the governor on state and local plans and programs to prepare for, respond to,
2 and recover from all types of disaster emergencies.
3 SECTION 107. That Section 49-102, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 49-102. DEFINITIONS -- A.
6 (1) "Abandon" means to leave a vehicle on private property without the
7 permission of the person having rights to the possession of the property, or
8 on a highway or other property open to the public for the purposes of vehicu-
9 lar traffic or parking, or upon or within the right-of-way of any highway, for
10 twenty-four (24) hours or longer.
11 (2) "Abandoned vehicle" means any vehicle observed by an authorized offi-
12 cer or reported by a member of the public to have been left within the limits
13 of any highway or upon the property of another without the consent of the
14 property owner for a period of twenty-four (24) hours or longer, except that a
15 vehicle shall not be considered abandoned if its owner-operator is unable to
16 remove it from the place where it is located and has notified a law enforce-
17 ment agency and requested assistance.
18 (3) "Accident" means any event that results in an unintended injury or
19 property damage attributable directly or indirectly to the motion of a motor
20 vehicle or its load, a snowmobile or special mobile equipment.
21 (4) "Actual physical control" means being in the driver's position of a
22 motor vehicle with the motor running or the vehicle moving.
23 (5) "Administrator" means the federal highway administrator, the chief
24 executive of the federal highway administration, an agency within the U.S.
25 department of transportation.
26 (6) "Age of a motor vehicle" means the age determined by subtracting the
27 manufacturer's year designation of the vehicle from the year in which the des-
28 ignated registration fee is paid. If the vehicle has the same manufacturer's
29 year designation as the year in which the fee is paid, or if a vehicle has a
30 manufacturer's year designation later than the year in which the fee is paid,
31 the vehicle shall be deemed to be one (1) year old.
32 (7) "Air-conditioning equipment" means mechanical vapor compression
33 refrigeration equipment which is used to cool the driver's or passenger com-
34 partment of any motor vehicle.
35 (8) "Alcohol or alcoholic beverage" means:
36 (a) Beer as defined in 26 U.S.C. 5052(a), of the internal revenue code;
37 (b) Wine of not less than one-half of one per cent (.005%) of alcohol by
38 volume; or
39 (c) Distilled spirits as defined in section 5002(a)(8), of the internal
40 revenue code.
41 (9) "Alley" means a public way of limited use intended only to provide
42 access to the rear or side of lots or buildings in urban districts.
43 (10) "All terrain vehicle" or "ATV" means any recreation vehicle with two
44 (2) or more tires, weighing under six hundred fifty (650) pounds, less than
45 forty-eight (48) inches in width, traveling on low pressure tires of less than
46 five (5) psi, and designed to be ridden by one (1) person. Such vehicles shall
47 be registered under the provisions of section 49-402, Idaho Code, for opera-
48 tion on public highways, unless exempted under the provisions of section
49 49-426, Idaho Code.
50 (11) "Amateur radio operator." (See "Radio operator, amateur", section
51 49-119, Idaho Code)
52 (12) "Ambulance" means a motor vehicle designed and used primarily for the
53 transportation of injured, sick, or deceased persons, on stretchers, cots,
98
1 beds, or other devices for carrying persons in a prone position.
2 (13) "Applicant" means an individual who applies to obtain, transfer,
3 upgrade, or renew a driver's license.
4 (14) "Approved driver training course" means a training course from a
5 school licensed under the provisions of chapter 21 of this title.
6 (15) "Approved testing agency" means a person, firm, association, partner-
7 ship or corporation approved by the director of the department of law enforce-
8 ment Idaho state police which is:
9 (a) In the business of testing equipment and systems;
10 (b) Recognized by the director as being qualified and equipped to do
11 experimental testing; and
12 (c) Not under the jurisdiction or control of any single manufacturer or
13 supplier for an affected industry.
14 (16) "Armed forces" mean the army, navy, marine corps, coast guard and the
15 air force of the United States.
16 (17) "Authorized emergency vehicle." (See "Vehicle", section 49-123, Idaho
17 Code)
18 (18) "Authorized officer" means any member of the Idaho state police divi-
19 sion of the department of law enforcement, or any regularly employed and sala-
20 ried deputy sheriff, or other county employee designated to perform the func-
21 tion of removing abandoned vehicles or junk vehicles by the board of county
22 commissioners of the county in which a vehicle is located, or any regularly
23 employed and salaried city peace officer or other city employee designated to
24 perform the function of removing abandoned vehicles or junk vehicles by the
25 city council, or a qualified person deputized or appointed by the proper
26 authority as reserve deputy sheriff or city policeman, authorized within the
27 jurisdiction in which the abandoned vehicle or junk vehicle is located.
28 (19) "Authorized transportation department employee" means any employee
29 appointed by the board to perform duties relating to enforcement of vehicle
30 laws as have been specifically defined and approved by order of the board (see
31 section 40-510, Idaho Code).
32 (20) "Auto transporter" means a vehicle combination constructed for the
33 purpose of transporting vehicles.
34 SECTION 108. That Section 49-104, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 49-104. DEFINITIONS -- C.
37 (1) "Cancellation of driver's license" means the annulment or termination
38 by formal action of the department of a person's driver's license because of
39 some error or defect in the driver's license or because the licensee is no
40 longer entitled to the driver's license. The cancellation of a driver's
41 license is without prejudice and after compliance with requirements, the indi-
42 vidual may apply for a new driver's license at any time after cancellation.
43 (2) "Caravaning" means the transportation of any motor vehicle into, out
44 of, or within the state operating on its own wheels or in tow for the purpose
45 of sale or offer of sale by any agent, dealer, manufacturer's representative,
46 purchaser, or prospective purchaser, regardless of residence unless the motor
47 vehicle is licensed by the state of Idaho, or is owned by an automobile
48 dealer, duly licensed as a dealer by this state. It shall also be considered
49 as the transportation of property for hire by a motor vehicle upon the high-
50 ways of this state.
51 (3) "Certificate of liability insurance" means a certificate of liability
52 insurance issued by an insurance company authorized to do business in this
53 state or a certificate of liability insurance issued by the department of
99
1 insurance which demonstrates current insurance against loss resulting from
2 liability imposed by law for bodily injury or death or damage to property suf-
3 fered by any person caused by accident and arising out of the operation, main-
4 tenance or use of a motor vehicle described in the certificate in an amount
5 not less than that required by section 49-1212, Idaho Code, and also demon-
6 strates the current existence of any other coverage required by title 41,
7 Idaho Code, or a certificate of self-insurance issued pursuant to law for each
8 motor vehicle to be registered. A certificate of liability insurance shall
9 contain the information required by the department of insurance, including the
10 name and address of the owner of the motor vehicle and a description of the
11 motor vehicle including identification number if there is one, or a statement
12 that all vehicles owned by a person or entity are covered by insurance, the
13 inception date of coverage, and the name of the insurer. "Certificate of lia-
14 bility insurance" may also include the original contract of liability insur-
15 ance or a true copy, demonstrating the current existence of the liability
16 insurance described above.
17 (4) "Certification of safety compliance" means that a motor carrier cer-
18 tifies as part of its registration process that it has knowledge of the fed-
19 eral regulations and rules promulgated by the Idaho transportation department
20 and the department of law enforcement Idaho state police applicable to motor
21 carriers.
22 (5) "Commercial coach." (See section 39-4105, Idaho Code)
23 (6) "Commercial driver's license" means any class A, class B or class C
24 driver's license as defined in section 49-105, Idaho Code.
25 (7) "Commercial driver license information system (CDLIS)" is the infor-
26 mation system established to serve as a clearinghouse for locating information
27 related to the licensing and identification of motor vehicle drivers.
28 (8) "Commercial driver training school" means a business enterprise con-
29 ducted by an individual, association, partnership, or corporation, for the
30 education and training of persons, either practically or theoretically, or
31 both, to operate or drive motor vehicles, and charging a consideration or
32 tuition for such services.
33 (9) "Commercial vehicle" or "commercial motor vehicle." (See "Vehicle,"
34 section 49-123, Idaho Code)
35 (10) "Compliance review" means an on-site examination of motor carrier
36 operations, which may be at the carrier's place of business, including
37 driver's hours of service, vehicle maintenance and inspection, driver qualifi-
38 cations, commercial driver's license requirements, financial responsibility,
39 accidents, hazardous materials, and such other related safety and transporta-
40 tion records to determine safety fitness.
41 (11) "Construction danger zone" means a construction or maintenance area
42 that is located on or adjacent to a highway and marked by appropriate warning
43 signs.
44 (12) "Controlled substance" means any substance so classified under sec-
45 tion 102(6) of the controlled substances act (21 U.S.C. 802(6)), and includes
46 all substances listed on schedules I through V, of 21, CFR part 1308, as they
47 may be revised from time to time.
48 (13) "Conviction" means the person has pled guilty or has been found
49 guilty, notwithstanding the form of the judgment or withheld judgment. A con-
50 viction for purposes of this title shall also include an infraction judgment.
51 (14) "Crosswalk" means:
52 (a) That part of a highway at an intersection included within the connec-
53 tions of the lateral lines of the sidewalks on opposite sides of the high-
54 way measured from the curbs or in the absence of curbs, from the edges of
55 the traversable highway; and in the absence of a sidewalk on one side of
100
1 the highway, that part of a highway included within the extension of the
2 lateral lines of the existing sidewalk at right angles to the centerline.
3 (b) Any portion of a highway at an intersection or elsewhere distinctly
4 indicated for pedestrian crossing by lines or other markings on the sur-
5 face.
6 SECTION 109. That Section 49-105, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 49-105. DEFINITIONS -- D.
9 (1) "Dealer" means every person in the business of buying, selling or
10 exchanging five (5) or more new or used vehicles, new or used motorcycles,
11 snow machines or motor scooters, travel trailers, all-terrain vehicles or
12 motor homes in any calendar year, either outright or on conditional sale,
13 bailment, lease, chattel mortgage, or otherwise, or who has an established
14 place of business for the sale, lease, trade, or display of these vehicles. No
15 insurance company, bank, finance company, public utilities company, or other
16 person coming into possession of any vehicle, as an incident to its regular
17 business, who shall sell that vehicle under any contractual rights it may
18 have, shall be considered a dealer. See also "salvage pool", section 49-120,
19 Idaho Code.
20 (2) "Dealer's selling agreement." (See "Franchise", section 49-107, Idaho
21 Code)
22 (3) "Department" means the Idaho transportation department acting
23 directly or through its duly authorized officers and agents, except in chap-
24 ters 6 and 9, title 49, Idaho Code, where the term means the Idaho department
25 of law enforcement state police, except as otherwise specifically provided.
26 (4) "Designated family member" means the spouse, child, grandchild, par-
27 ent, brother or sister of the owner of a vehicle dealership who, in the event
28 of the owner's death, is entitled to inherit the ownership interest in the
29 dealership under the same terms of the owner's will, or who has been nominated
30 in any other written instrument, or who, in the case of an incapacitated owner
31 of a dealership, has been appointed by a court as the legal representative of
32 the dealer's property.
33 (5) "Director" means the director of the Idaho transportation department,
34 except in chapters 6, 9 and 22, title 49, Idaho Code, where the term means the
35 director of the Idaho department of law enforcement state police.
36 (6) "Disclose" means to engage in any practice or conduct to make avail-
37 able and make known personal information contained in records of the depart-
38 ment about a person to any other person, organization or entity, by any means
39 of communication.
40 (7) "Disqualification" as defined in 49 CFR part 383, means withdrawal by
41 the department of commercial vehicle driving privileges.
42 (8) "Distributor" means any person, firm, association, corporation or
43 trust, resident or nonresident, who has a franchise from a manufacturer of
44 vehicles to distribute vehicles in this state, and who in whole or in part
45 sells or distributes new vehicles to dealers or who maintains distributor rep-
46 resentatives.
47 (9) "Distributor branch" means a branch office similarly maintained by a
48 distributor for the same purposes a factory branch is maintained.
49 (10) "Distributor representative" means any person, firm, association,
50 corporation or trust, and each officer and employee thereof engaged as a rep-
51 resentative of a distributor or distributor branch of vehicles for the purpose
52 of making or promoting the sale of vehicles, or for supervising or contacting
53 dealers or prospective dealers.
101
1 (11) "District" means:
2 (a) Business district. The territory contiguous to and including a high-
3 way when within any six hundred (600) feet along the highway there are
4 buildings in use for business or industrial purposes, including hotels,
5 banks or office buildings, railroad stations and public buildings which
6 occupy at least three hundred (300) feet of frontage on one side or three
7 hundred (300) feet collectively on both sides of the highway.
8 (b) Residential district. The territory contiguous to and including a
9 highway not comprising a business district when the property on the high-
10 way for a distance of three hundred (300) feet or more is in the main
11 improved with residences, or residences and buildings in use for business.
12 (c) Urban district. The territory contiguous to and including any highway
13 which is built up with structures devoted to business, industry or dwell-
14 ing houses. For purposes of establishing speed limits in accordance with
15 the provisions of section 49-654, Idaho Code, no state highway or any por-
16 tion thereof lying within the boundaries of an urban district is subject
17 to the limitations which otherwise apply to nonstate highways within an
18 urban district. Provided, this subsection shall not limit the authority of
19 the duly elected officials of an incorporated city acting as a local
20 authority to decrease speed limits on state highways passing through any
21 district within the incorporated city.
22 (12) "Documented vessel" means a vessel having a valid marine document as
23 a vessel of the United States.
24 (13) "Drag race" means the operation of two (2) or more vehicles from a
25 point side by side at accelerating speeds in a competitive attempt to outdis-
26 tance each other, or the operation of one (1) or more vehicles over a common
27 selected course, from the same point to the same point, for the purpose of
28 comparing the relative speeds or power of acceleration of the vehicles within
29 a certain distance or time limit.
30 (14) "Driver" means every person who drives or is in actual physical con-
31 trol of a vehicle.
32 (15) "Driver's license" means a license or permit issued by the department
33 or by any other jurisdiction to an individual which authorizes the individual
34 to operate a motor vehicle or commercial motor vehicle on the highways in
35 accordance with the requirements of title 49, Idaho Code.
36 (16) "Driver's license -- classes of" are issued for the operation of a
37 vehicle based on the size of the vehicle or the type of load and mean:
38 (a) Class A. This license shall be issued and valid for the operation of
39 any combination of motor vehicles with a manufacturer's gross combination
40 weight rating (GCWR) in excess of twenty-six thousand (26,000) pounds,
41 provided the manufacturer's gross vehicle weight rating (GVWR) of the
42 vehicle(s) being towed is in excess of ten thousand (10,000) pounds. Per-
43 sons holding a valid class A license may also operate vehicles requiring a
44 class B, C, or D license.
45 (b) Class B. This license shall be issued and valid for the operation of
46 any single vehicle with a manufacturer's gross vehicle weight rating
47 (GVWR) in excess of twenty-six thousand (26,000) pounds, or any such vehi-
48 cle towing a vehicle not in excess of ten thousand (10,000) pounds
49 manufacturer's gross vehicle weight rating (GVWR). Persons holding a valid
50 class B license may also operate vehicles requiring a class C license or a
51 class D license.
52 (c) Class C. This license shall be issued and valid for the operation of
53 any single vehicle or combination of vehicles that does not meet the defi-
54 nition of class A or class B, as defined in this section, but that either
55 is designed to transport sixteen (16) or more people including the driver,
102
1 or is of any size which does not meet the definition of class A or class B
2 and is used in the transportation of materials found to be hazardous
3 according to the hazardous material transportation act and which requires
4 the motor vehicle to be placarded under the federal hazardous materials
5 regulations 49 CFR part 172, subpart F. Persons holding a valid class C
6 license may also operate vehicles requiring a class D license.
7 (d) Class D. This license shall be issued and valid for the operation of
8 a motor vehicle that is not a commercial vehicle as defined in section
9 49-123, Idaho Code.
10 (e) "Seasonal driver's license" means a special restricted class B or C
11 driver's license to operate certain commercial vehicles in farm-related
12 industries under restrictions imposed by the department. As used in this
13 definition, "farm-related industry" shall mean custom harvesters, farm
14 retail outlets and suppliers, agri-chemical businesses and livestock
15 feeders. Seasonal driver's licenses are not valid for driving vehicles
16 carrying any quantities of hazardous material requiring placarding, except
17 for diesel fuel in quantities of one thousand (1,000) gallons or less,
18 liquid fertilizers, i.e., plant nutrients, in vehicles or implements of
19 husbandry with total capacities of three thousand (3,000) gallons or less,
20 and solid fertilizers, i.e., solid plant nutrients, that are not mixed
21 with any organic substance.
22 (17) "Driver record" means any record that pertains to an individual's
23 driver's license, driving permit, driving privileges, driving history, identi-
24 fication documents or other similar credentials issued by the department.
25 (18) "Driver's license endorsements" means special authorizations that are
26 required to be displayed on a driver's license which permit the driver to
27 operate certain types of commercial vehicles or commercial vehicles hauling
28 certain types of cargo, or to operate a motorcycle.
29 (a) "Endorsement T -- Double/triple trailer" means this endorsement is
30 required on a class A, B or C license to permit the licensee to operate a
31 vehicle authorized to tow more than one (1) trailer.
32 (b) "Endorsement H -- Hazardous material" means this endorsement is
33 required on a class A, B or C license if the driver is operating a vehicle
34 used in the transportation of materials found to be hazardous according to
35 the hazardous material transportation act and which requires the motor
36 vehicle to be placarded under the federal hazardous materials regulations
37 49 CFR part 172, subpart F.
38 (c) "Endorsement P -- Passenger" means this endorsement is required on a
39 class A, B or C license to permit the licensee to operate a vehicle
40 designed to transport sixteen (16) or more people including the driver.
41 (d) "Endorsement N -- Tank vehicle" means this endorsement is required on
42 a class A, B or C license to permit the licensee to operate a vehicle
43 which is designed to transport any liquid or gaseous materials within a
44 tank that is either permanently or temporarily attached to the vehicle.
45 Such vehicles include, but are not limited to, cargo tanks and portable
46 tanks, as defined in federal regulations 49 CFR part 171. This definition
47 does not include portable tanks having a rated capacity under one thousand
48 (1,000) gallons.
49 (e) "Endorsement M -- Motorcycle" means this endorsement is required on a
50 driver's license to permit the driver to operate a motorcycle.
51 (19) "Driveway" means a private road giving access from a public way to a
52 building on abutting grounds.
53 (20) "Dromedary tractor" means every motor vehicle designed and used pri-
54 marily for drawing a semitrailer and so constructed as to carry manifested
55 cargo in addition to a part of the weight of the semitrailer.
103
1 SECTION 110. That Section 49-123, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-123. DEFINITIONS -- V.
4 (1) "Variable load suspension axle" means an axle or axles designed to
5 support a part of the vehicle and load and which can be regulated to vary the
6 amount of load supported by such an axle or axles and which can be deployed or
7 lifted by the operator of the vehicle. See also section 49-117, Idaho Code.
8 (a) "Fully raised" means that the variable load suspension axle is in an
9 elevated position preventing the tires on such axle from having any con-
10 tact with the roadway.
11 (b) "Fully deployed" means that the variable load suspension axle is sup-
12 porting a portion of the weight of the loaded vehicle as controlled by the
13 preset pressure regulator valve.
14 (2) "Vehicle" means:
15 (a) General. Every device in, upon, or by which any person or property is
16 or may be transported or drawn upon a highway, excepting devices used
17 exclusively upon stationary rails or tracks.
18 (b) Authorized emergency vehicle. Vehicles operated by any fire depart-
19 ment or law enforcement agency of the state of Idaho or any political sub-
20 division of the state, ambulances, vehicles belonging to personnel of vol-
21 untary fire departments while in performance of official duties only,
22 vehicles belonging to, or operated by EMS personnel certified or otherwise
23 recognized by the EMS bureau of the Idaho department of health and welfare
24 while in the performance of emergency medical services, sheriff's search
25 and rescue vehicles which are under the immediate supervision of the
26 county sheriff, wreckers which are engaged in motor vehicle recovery oper-
27 ations and are blocking part or all of one (1) or more lanes of traffic,
28 other emergency vehicles designated by the director of the department of
29 law enforcement Idaho state police or vehicles authorized by the Idaho
30 transportation board and used in the enforcement of laws specified in sec-
31 tion 40-510, Idaho Code, pertaining to vehicles of ten thousand (10,000)
32 pounds or greater.
33 (c) Commercial vehicle or commercial motor vehicle. For the purposes of
34 chapter 3 of this title, (driver's licenses), a motor vehicle or combina-
35 tion of motor vehicles designed or used to transport passengers or prop-
36 erty if the motor vehicle:
37 1. Has a manufacturer's gross combination weight rating (GCWR) in
38 excess of twenty-six thousand (26,000) pounds inclusive of a towed
39 unit with a manufacturer's gross vehicle weight rating (GVWR) of more
40 than ten thousand (10,000) pounds; or
41 2. Has a manufacturer's gross vehicle weight rating (GVWR) in excess
42 of twenty-six thousand (26,000) pounds; or
43 3. Is designed to transport sixteen (16) or more people, including
44 the driver; or
45 4. Is of any size and is used in the transportation of materials
46 found to be hazardous for the purposes of the hazardous material
47 transportation act and which require the motor vehicle to be
48 placarded under the hazardous materials regulations (49 CFR part 172,
49 subpart F).
50 For the purposes of chapter 4, title 49, Idaho Code, (motor vehicle regis-
51 tration), a vehicle or combination of vehicles of a type used or main-
52 tained for the transportation of persons for hire, compensation or profit,
53 or the transportation of property for the owner of the vehicle, or for
54 hire, compensation, or profit, and shall include fixed load specially con-
104
1 structed vehicles exceeding the limits imposed by chapter 10, title 49,
2 Idaho Code, and including drilling rigs, construction, drilling and wreck-
3 er cranes, log jammers, log loaders, and similar vehicles which are nor-
4 mally operated in an overweight or oversize condition or both, but shall
5 not include those vehicles registered pursuant to sections 49-402 and
6 49-402A, Idaho Code, or exempted by section 49-426, Idaho Code. A motor
7 vehicle used in a ridesharing arrangement that has a seating capacity for
8 not more than fifteen (15) persons, including the driver, shall not be a
9 "commercial vehicle" under the provisions of this title relating to equip-
10 ment requirements, rules of the road, or registration.
11 (d) Farm vehicle. A vehicle or combination of vehicles owned by a farmer
12 or rancher, which are operated over public highways, and used exclusively
13 to transport unprocessed agricultural, dairy or livestock products raised,
14 owned and grown by the owner of the vehicle to market or place of storage;
15 and shall include the transportation by the farmer or rancher of any
16 equipment, supplies or products purchased by that farmer or rancher for
17 his own use, and used in the farming or ranching operation or used by a
18 farmer partly in transporting agricultural products or livestock from the
19 farm of another farmer that were originally grown or raised on the farm,
20 or when used partly in transporting agricultural supplies, equipment,
21 materials or livestock to the farm of another farmer for use or consump-
22 tion on the farm but not transported for hire, and shall not include vehi-
23 cles of husbandry or vehicles registered pursuant to sections 49-402 and
24 49-402A, Idaho Code.
25 (e) Foreign vehicle. Every vehicle of a type required to be registered
26 under the provisions of this title brought into this state from another
27 state, territory or country other than in the ordinary course of business
28 by or through a manufacturer or dealer and not registered in this state.
29 (f) Glider kit vehicle. Every large truck manufactured from a kit manu-
30 factured by a manufacturer of large trucks which consists of a frame, cab
31 complete with wiring, instruments, fenders and hood and front axles and
32 wheels. The "glider kit" is made into a complete assembly by the addition
33 of the engine, transmission, rear axles, wheels and tires.
34 (g) Motor vehicle. Every vehicle which is self-propelled and every vehi-
35 cle which is propelled by electric power obtained from overhead trolley
36 wires but not operated upon rails, except vehicles moved solely by human
37 power and motorized wheelchairs.
38 (h) Multipurpose passenger vehicle (MPV). For the purposes of section
39 49-966, Idaho Code, a motor vehicle designed to carry ten (10) or fewer
40 persons which is constructed either on a truck chassis or with special
41 features for occasional off-road operation.
42 (i) Noncommercial vehicle. For the purposes of chapter 4, title 49, Idaho
43 Code, (motor vehicle registration), a noncommercial vehicle shall not
44 include those vehicles required to be registered under sections 49-402 and
45 49-402A, Idaho Code, and means all other vehicles or combinations of vehi-
46 cles which are not commercial vehicles or farm vehicles, but shall include
47 motor homes. A noncommercial vehicle shall include those vehicles having a
48 combined gross weight not in excess of sixty thousand (60,000) pounds and
49 not held out for hire, used for purposes related to private use and not
50 used in the furtherance of a business or occupation for compensation or
51 profit or for transporting goods for other than the owner.
52 (j) Passenger car. For the purposes of section 49-966, Idaho Code, a
53 motor vehicle, except a multipurpose passenger vehicle, motorcycle or
54 trailer, designed to carry ten (10) or fewer persons.
55 (k) Reconstructed or repaired vehicle. Every vehicle that has been
105
1 rebuilt or repaired using like make and model parts and visually appears
2 as a vehicle that was originally constructed under a distinctive manufac-
3 turer. This includes a salvage vehicle which is damaged to the extent that
4 a "reconstructed vehicle" or "repaired vehicle" brand is required, and
5 other vehicles which have been reconstructed by the use of a kit designed
6 to be used to construct an exact replica of a vehicle which was previously
7 constructed under a distinctive name, make, model or type by a generally
8 recognized manufacturer of vehicles. A glider kit vehicle is not a recon-
9 structed vehicle.
10 (l) Salvage vehicle. Any vehicle for which a salvage certificate, salvage
11 bill of sale or other documentation showing evidence that the vehicle has
12 been declared salvage or which has been damaged to the extent that the
13 owner, or an insurer, or other person acting on behalf of the owner,
14 determines that the cost of parts and labor minus the salvage value makes
15 it uneconomical to repair or rebuild. When an insurance company has paid
16 money or has made other monetary settlement as compensation for a total
17 loss of any motor vehicle, such motor vehicle shall be considered to be a
18 salvage vehicle.
19 (m) Specially constructed vehicle. Every vehicle of a type required to be
20 registered not originally constructed under a distinctive name, make,
21 model or type by a generally recognized manufacturer of vehicles and not
22 materially altered from its original construction and cannot be visually
23 identified as a vehicle produced by a particular manufacturer. This
24 includes:
25 1. A vehicle that has been structurally modified so that it does not
26 have the same appearance as a similar vehicle from the same manufac-
27 turer; or
28 2. A vehicle that has been constructed entirely from homemade parts
29 and materials not obtained from other vehicles; or
30 3. A vehicle that has been constructed by using major component
31 parts from one (1) or more manufactured vehicles and cannot be iden-
32 tified as a specific make or model; or
33 4. A vehicle constructed by the use of a custom kit that cannot be
34 visually identified as a specific make or model.
35 (n) Total loss vehicle. Every vehicle that is deemed to be uneconomical
36 to repair due to scrapping, dismantling or destruction. A total loss shall
37 occur when an insurance company or any other person pays or makes other
38 monetary settlement to the owner when it is deemed to be uneconomical to
39 repair the damaged vehicle. The compensation for total loss as defined
40 herein shall not include payments by an insurer or other person for medi-
41 cal care, bodily injury, vehicle rental or for anything other than the
42 amount paid for the actual damage to the vehicle.
43 (3) "Vehicle identification number." (See "Identifying number," section
44 49-110, Idaho Code)
45 (4) "Vehicle salesman" means any person who, for a salary, commission or
46 compensation of any kind, is employed either directly or indirectly, or regu-
47 larly or occasionally by any dealer to sell, purchase or exchange, or to nego-
48 tiate for the sale, purchase or exchange of vehicles. (See also "full-time
49 salesman," section 49-107, Idaho Code, and "part-time salesman," section
50 49-117, Idaho Code)
51 (5) "Vessel." (See section 67-7003, Idaho Code)
52 (6) "Veteran." (See section 65-509, Idaho Code)
53 (7) "Violation" means a conviction of a misdemeanor charge involving a
54 moving traffic violation, or an admission or judicial determination of the
55 commission of an infraction involving a moving traffic infraction, except
106
1 bicycle infractions.
2 SECTION 111. That Section 49-201, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 49-201. DUTIES OF BOARD. (1) With the exception of requirements for sec-
5 tions 49-217 and 49-218 and chapters 6 and 9, title 49, Idaho Code, which
6 shall be the responsibility of the director of the department of law enforce-
7 ment Idaho state police, and section 49-447, Idaho Code, which shall be the
8 responsibility of the director of the department of parks and recreation, the
9 board shall adopt and enforce administrative rules and may designate agencies
10 or enter into agreements with private companies or public entities as may be
11 necessary to carry out the provisions of this title. It shall also provide
12 suitable forms for applications, registration cards, vehicle licenses, and all
13 other forms requisite for the purpose of the provisions of this title, and
14 shall prepay all transportation charges.
15 (2) The board may enter into agreements, compacts or arrangements with
16 other jurisdictions on behalf of Idaho for the purpose of conforming proce-
17 dures for proportional registration of commercial vehicles and other types of
18 reciprocal agreements. Copies of agreements, compacts or arrangements shall be
19 placed on file in the department and the board shall, as to all filings and
20 adoption, conform with the provisions of chapter 52, title 67, Idaho Code. The
21 board may approve, on a case by case basis, exemption from operating fees for
22 private nonprofit entities who are bringing public interest programs into the
23 state. These entities may not be in competition with companies who transport
24 goods and services for hire.
25 (3) The board shall adopt a manual and specifications for a uniform sys-
26 tem of traffic-control devices consistent with the provisions of this title
27 for use upon highways within the state. The uniform system shall correlate
28 with, and so far as possible, conform to the system set forth in the most
29 recent edition of the manual on uniform traffic control devices for streets
30 and highways and other standards issued or endorsed by the federal highway
31 administrator.
32 (4) Whenever the board shall determine upon the basis of an engineering
33 and traffic investigation that any maximum speed is greater or less than is
34 reasonable or safe under the conditions found to exist at any intersection or
35 other place or upon any part of the state highway or interstate highway sys-
36 tem, the board may determine and declare a reasonable and safe maximum limit,
37 thereat, not exceeding a maximum limit of seventy-five (75) miles per hour on
38 interstate highways and sixty-five (65) miles per hour on state highways,
39 which shall be effective when appropriate signs giving notice are erected. The
40 speed limit may be declared to be effective at all times or at the times as
41 indicated upon the signs. Differing limits may be established for different
42 times of day, different types of vehicles, varying weather conditions, and
43 other factors bearing on safe speeds, which shall be effective when posted
44 upon appropriate fixed or variable signs. The authority of the board to estab-
45 lish speed limits on state highways pursuant to this section does not restrict
46 the authority of the duly elected officials of an incorporated city acting in
47 the capacity of a local authority to establish lower speed limits for portions
48 of state highways, excluding controlled access and interstate highways, that
49 pass through residential, urban or business districts within the jurisdiction
50 of the incorporated city, for the purpose of enhancing motorist and pedestrian
51 safety.
52 (5) The board shall adopt and enforce rules as may be consistent with and
53 necessary to determine the classification of and the basis on which fees
107
1 shall be computed.
2 SECTION 112. That Section 49-202, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license
5 records in the office of the department shall be public records and open to
6 inspection by the public during normal business hours, except for those
7 records declared by law to be for the confidential use of the department, or
8 those records containing personal information subject to restrictions or con-
9 ditions regarding disclosure. If the department has contracted for a service
10 to be provided by another entity, an additional fee shall be charged by that
11 contractor whether the service is rendered during normal business hours, other
12 than normal business hours or on weekends.
13 (2) In addition to other fees required by law to be collected by the
14 department, the department shall collect the following:
15 (a) For certifying a copy of any record pertaining to any vehicle
16 license, any certificate of title, or any driver's license ......... $8.00
17 (b) For issuing every Idaho certificate of title .................. $8.00
18 (c) For furnishing a duplicate copy of any Idaho certificate of title
19 .................................................................... $8.00
20 (d) For issuance or transfer of every certificate of title on a new or
21 used vehicle or other titled vehicle in an expedited manner (rush titles),
22 in addition to any other fee required by this section ............. $15.00
23 (e) For furnishing a replacement of any receipt of registration ... $3.00
24 (f) For furnishing copies of registration or ownership of motor vehicles
25 or driver's license records, per vehicle registration, accident report
26 records, title or per driver's license record ...................... $4.00
27 Additional contractor fee, not to exceed ........................... $4.00
28 (g) For services in searching files of vehicle or other registrations,
29 vehicle titles, or driver's licenses per hour ..................... $10.00
30 (h) Placing "stop" cards in vehicle registration or title files, each
31 ................................................................... $12.00
32 (i) For issuance of an assigned or replacement vehicle identification
33 number (VIN) .......................................................$10.00
34 (j) For a vehicle identification number (VIN) inspection whether con-
35 ducted by a city or county peace officer or any other peace officer or
36 designated agent of the state of Idaho, per inspection ............. $3.00
37 (k) For all replacement registration stickers, each ............... $1.00
38 (l) For issuing letters of temporary vehicle clearance to Idaho based
39 motor carriers .................................................... $10.00
40 (m) For all sample license plates, each .......................... $12.00
41 (n) For filing release of liability statements .................... $2.00
42 (o) For safety and insurance programs for each vehicle operated by a
43 motor carrier ...................................................... $2.00
44 A lesser amount may be set by rule of the board.
45 (3) The fees required in this section shall not apply when the service is
46 furnished to any federal, state, county or city peace officer when such ser-
47 vice is required in the performance of their duties as peace officers.
48 (4) The department may enter into agreements with private companies or
49 public entities to provide the services for which a fee is collected in sub-
50 section (2)(f) of this section. Such private contractor shall collect the fee
51 prescribed and remit the fee to the department. The contractor shall also col-
52 lect and retain the additional fee charged for his services.
53 (5) (a) The department shall pay three dollars ($3.00) of the fee col-
108
1 lected by a county assessor or other agent of the department as provided
2 in subsection (2)(a) through (f) of this section, to the county assessor
3 of the county or agent collecting such fee, which shall be deposited with
4 the county treasurer and credited to the county current expense fund. The
5 remainder of the fees collected as provided in that subsection shall be
6 paid by the department to the state treasurer and placed in the state
7 highway account fund.
8 (b) The fee collected under subsection (2)(j) of this section for a VIN
9 inspection shall be placed in the city general fund if conducted by a city
10 peace officer, in the county current expense fund if conducted by a county
11 peace officer, shall be retained by the special agent authorized to per-
12 form the inspection, or paid to the state treasurer and placed to the
13 credit of the department of law enforcement Idaho state police if con-
14 ducted by the Idaho state police division or in the state highway account
15 fund if conducted by the department.
16 (c) The fee collected under subsection (2)(o) of this section for motor
17 carriers shall be paid by the department to the state treasurer and placed
18 in the state highway account fund. The director and the director of the
19 department of law enforcement Idaho state police shall jointly determine
20 the amount to be transferred from the state highway account fund to the
21 law enforcement account fund for motor carrier safety programs conducted
22 by the department of law enforcement Idaho state police pursuant to the
23 provisions of section 67-2901A, Idaho Code.
24 (6) The department as often as practicable may provide to law enforcement
25 agencies the record of suspensions and revocations of driver licenses via the
26 Idaho law enforcement telecommunications system (ILETS).
27 (7) The department shall provide the forms prescribed in chapter 5 of
28 this title, shall receive and file in its office in Boise, Idaho, all instru-
29 ments required in chapter 5 of this title to be filed with the department,
30 shall prescribe a uniform method of numbering certificates of title, and main-
31 tain in the department indices for such certificates of title. All indices
32 shall be by motor or identification number and alphabetical by name of the
33 owner.
34 (8) The department shall file each registration received under a distinc-
35 tive registration number assigned to the vehicle and to the owner thereof.
36 (9) The department shall not renew a driver's license or identification
37 card when fees required by law have not been paid or where fees for past
38 periods are due, owing and unpaid including nonsufficient fund checks, until
39 those fees have been paid.
40 (10) The department shall not grant the registration of a vehicle when:
41 (a) The applicant is not entitled to registration under the provisions of
42 this title; or
43 (b) The applicant has neglected or refused to furnish the department with
44 the information required in the appropriate form or reasonable additional
45 information required by the department, or has failed to comply with the
46 provisions of section 49-436, Idaho Code, in past registration periods; or
47 (c) The fees required by law have not been paid, or where fees for past
48 registration periods are due, owing and unpaid including nonsufficient
49 fund checks.
50 (11) The department or its authorized agents have the authority to request
51 any person, to submit to medical, vision, highway, or written examinations, to
52 protect the safety of the public upon the highways. The department or its
53 authorized agents may exercise such authority based upon evidence which may
54 include, but is not limited to, observations made.
55 (12) The department shall revoke the registration of any vehicle:
109
1 (a) Which the department shall determine is unsafe or unfit to be oper-
2 ated or is not equipped as required by law;
3 (b) Whenever the person to whom the registration card or registration
4 plate has been issued shall make or permit to be made any unlawful use of
5 the same or permit their use by a person not entitled thereto;
6 (c) For any violation of vehicle registration requirements by the owner
7 or operator in the current or past registration periods;
8 (d) Whenever a motor carrier requests revocation, or whenever an inter-
9 state carrier's federal operating authority has been revoked;
10 (e) For nonpayment by the owner or operator of the vehicle of use fees
11 computed under sections 49-434 and 49-435, Idaho Code;
12 (f) For failure of the owner or operator to file the reports required or
13 nonpayment of fees assessed against the owner by the department pursuant
14 to audit under the provisions of section 49-436, Idaho Code;
15 (g) Identified by any city or county administering a program established
16 by ordinance for the inspection and readjustment of motor vehicles (which
17 program is part of an approved state implementation plan adopted by both
18 the state and federal governments under 42 USC section 7410) as having
19 failed to comply with an ordinance requiring motor vehicle emission
20 inspection and readjustment; provided that no vehicle shall be identified
21 to the department under this subsection (g) unless (i) the city or county
22 certifies to the department that the owner of the motor vehicle has been
23 given notice and had the opportunity for a hearing concerning compliance
24 with the ordinance and has exhausted all remedies and appeals from any
25 determination made at such hearing; and (ii) the city or county reimburses
26 the department for all direct costs associated with the registration revo-
27 cation procedure.
28 (13) The department shall not reregister or permit a vehicle to operate on
29 a special trip permit until all fees, penalties and interest have been paid.
30 (14) The department shall institute educational programs, demonstrations,
31 exhibits and displays.
32 (15) The department shall cancel a driver's license or identification card
33 when fees required by law have not been paid or where fees are due, owing and
34 unpaid including nonsufficient fund checks, until those fees have been paid.
35 (16) The department shall examine persons and vehicles by written, oral,
36 vision and skills tests without compulsion except as provided by law.
37 (17) The department shall employ expert and special help as needed in the
38 department.
39 (18) The department shall compile accident statistics and disseminate
40 information relating to those statistics.
41 (19) The department shall cooperate with the United States in the elimina-
42 tion of road hazards, whether of a physical, visual or mental character.
43 (20) The department shall place and maintain traffic-control devices, con-
44 forming to the board's manual and specifications, upon all state highways as
45 it shall deem necessary to indicate and to carry out the provisions of this
46 title or to regulate, warn, or guide traffic. No local authority shall place
47 or maintain any traffic-control device upon any highway under the jurisdiction
48 of the department except by the latter's permission, except where the duly
49 elected officials of an incorporated city have established speed limits lower
50 than those set by the department on the portion of state highways, excluding
51 controlled-access and interstate highways, that pass through residential,
52 urban or business districts within the jurisdiction of the incorporated city.
53 The placement and maintenance of such a traffic-control device by a local
54 authority shall be made according to the board's manual and specifications for
55 a uniform system of traffic-control devices.
110
1 (21) The department may conduct an investigation of any bridge or other
2 elevated structure constituting a part of a highway, and if it shall find that
3 the structure cannot with safety to itself withstand vehicles traveling at a
4 speed otherwise permissible under this title, shall determine and declare the
5 maximum speed of vehicles which the structure can safely withstand, and shall
6 cause or permit suitable signs stating the maximum speed to be erected and
7 maintained before each end of the structure.
8 (22) Whenever the department shall determine on the basis of an engineer-
9 ing and traffic investigation that slow speeds on any highway or part of a
10 highway impede the normal and reasonable movement of traffic, the department
11 may determine and declare a minimum speed limit below which no person shall
12 drive a vehicle except when necessary for safe operation or in compliance with
13 law, and that limit shall be effective when posted upon appropriate fixed or
14 variable signs, except in cases where the duly elected officials of an incor-
15 porated city have established speed limits lower than those set by the
16 department on portions of state highways, excluding controlled-access and
17 interstate highways, that pass through residential, urban or business dis-
18 tricts within the jurisdiction of the incorporated city.
19 (23) The department shall regulate or prohibit the use of any controlled-
20 access highway by any class or kind of traffic which is found to be incompati-
21 ble with the normal and safe movement of traffic.
22 (24) The department shall erect and maintain traffic-control devices on
23 controlled-access highways on which any prohibitions are applicable.
24 (25) Wherever a highway crosses one (1) or more railroads at grade, the
25 department or local authorities within their respective jurisdictions shall
26 place and maintain stop signs, directing vehicular traffic approaching the
27 crossing to come to a full stop prior to entering the crossing at all railroad
28 crossings where electric or mechanical warning signals do not exist. Placement
29 of these stop signs shall be mandatory except when in the determination of
30 public highway agencies the existence of stop signs at a given crossing would
31 constitute a greater hazard than their absence based on a recognized engineer-
32 ing study.
33 Nothing in this subsection shall be construed as granting immunity to any
34 railroad company as to liability, if any, for an accident which might occur
35 at a crossing where stop signs are erected and in place, but liability, if
36 any, shall be determined as provided by law. Liability on the part of govern-
37 mental authorities on account of absence of any stop sign at a crossing shall
38 be determined as provided by law.
39 (26) The department and local authorities are authorized to determine
40 those portions of any highway under their respective jurisdictions where over-
41 taking and passing or driving on the left side of the roadway would be espe-
42 cially hazardous and may by appropriate signs or markings on the roadway indi-
43 cate the beginning and end of those zones and when signs or markings are in
44 place and clearly visible to an ordinarily observant person, every driver of
45 a vehicle shall obey those directions.
46 (27) The department and local authorities in their respective jurisdic-
47 tions may in their discretion issue special permits authorizing the operation
48 upon a highway of traction engines or tractors having movable tracks with
49 transverse corrugations upon the periphery of the movable tracks or farm trac-
50 tors or other farm machinery, the operation of which upon a highway would
51 otherwise be prohibited under this title or title 40, Idaho Code.
52 (28) The department and local highway authorities within their respective
53 jurisdictions may place official traffic-control devices prohibiting, limiting
54 or restricting the stopping, standing or parking of vehicles on any highway
55 where such stopping, standing or parking is dangerous to those using the high-
111
1 way or where the stopping, standing or parking of vehicles unduly interferes
2 with the free movement of traffic thereon.
3 (29) On any informational material printed after July 1, 1995, by or at
4 the order of the department and distributed to counties, school districts or
5 individuals for the purpose of assisting a person to successfully pass a
6 driver's license test, the department shall include material about the state's
7 open range law and responsibilities, liabilities and obligations of drivers
8 driving in the open range.
9 SECTION 113. That Section 49-218, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-218. DESIGNATION OF AUTHORIZED EMERGENCY VEHICLES. The director of the
12 department of law enforcement Idaho state police shall designate any particu-
13 lar vehicle as an authorized emergency vehicle upon a finding that designation
14 of that vehicle is necessary to the preservation of life or property, or to
15 the execution of emergency governmental functions.
16 Any person who operates a motor vehicle in a manner which would lead one
17 to reasonably believe it was an emergency vehicle without prior approval of
18 the director of law enforcement the Idaho state police, shall be guilty of a
19 misdemeanor and shall be subject to a fine of not less than three hundred dol-
20 lars ($300) and may be incarcerated for not more than thirty (30) days in jail
21 for each occurrence.
22 SECTION 114. That Section 49-235, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 49-235. ENFORCEMENT BY PEACE OFFICERS. (1) The director of the department
25 of law enforcement Idaho state police, his officers and employees, and other
26 peace officers as the director of the department of law enforcement Idaho
27 state police may authorize in writing may, upon reasonable cause, require the
28 driver of a vehicle to stop and submit the vehicle and its equipment to an
29 inspection and a test as may be appropriate.
30 (2) In the event a vehicle is found to be in an unsafe condition, or the
31 required equipment is not present, or is not in proper repair and adjustment,
32 the officer shall give a written notice to the driver and send a copy to the
33 department of law enforcement Idaho state police. The notice shall require
34 that the vehicle be placed in safe condition and its equipment in proper
35 repair and adjustment, and a certificate of inspection and approval for the
36 vehicle be obtained within five (5) days. Every owner or driver upon receiving
37 such a notice shall comply with the notice and shall within the five (5) days
38 secure an indorsement endorsement upon the notice by the person making the
39 repair or adjustment that the vehicle is in safe condition and its equipment
40 in proper repair and adjustment, and shall forward the notice to the depart-
41 ment of law enforcement Idaho state police.
42 (3) No person shall operate any vehicle after receiving a notice as pro-
43 vided in this section, until the vehicle and its equipment have been placed in
44 proper repair and adjustment and otherwise made to conform to the requirements
45 of this title.
46 SECTION 115. That Section 49-509, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 49-509. STOLEN VEHICLES -- REPORTING BY OFFICERS -- PUBLICATION OF LISTS
49 -- RECOVERED CARS -- NOTICE. (1) It shall be the duty of every sheriff, chief
112
1 of police, constable, officer of the Idaho state police division of the
2 department of law enforcement, or officer having knowledge of a stolen vehi-
3 cle, to immediately furnish the department of law enforcement Idaho state
4 police with full information in connection therewith, and it shall be the duty
5 of the department of law enforcement Idaho state police whenever it shall
6 receive a report of the theft or conversion of a vehicle, whether the same has
7 been registered or not, and whether owned in this state or any other state, to
8 make a distinctive record of it together with the make and manufacturer's
9 serial number, and file the same in numerical order of the manufacturer's
10 serial number with the index records of the vehicles of the same make.
11 (2) The department of law enforcement Idaho state police shall prepare a
12 report listing vehicles stolen and recovered as disclosed by reports submitted
13 to it, and the report shall be distributed as deemed advisable. At least once
14 each month the department of law enforcement Idaho state police shall furnish
15 reports of stolen and recovered vehicles to every county sheriff and the
16 police department in every municipality of over three thousand (3,000) popula-
17 tion within this state, and shall transmit copies of the reports to the motor
18 vehicle departments of other states. In the event of the receipt by the
19 department of law enforcement Idaho state police of a certificate of title to
20 a stolen vehicle, the department of law enforcement Idaho state police shall
21 immediately notify the owner, and if upon investigation it appears that the
22 certificate of title was improperly issued, the transportation department
23 shall immediately cancel it. In the event of the recovery of a stolen or con-
24 verted vehicle the owner shall immediately notify the department of law
25 enforcement Idaho state police, which shall cause the record of the theft or
26 conversion to be removed from its file.
27 SECTION 116. That Section 49-901, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 49-901. DUTIES OF DEPARTMENT AND DIRECTOR OF LAW ENFORCEMENT IDAHO STATE
30 POLICE. (1) The director shall adopt standards and specifications applicable
31 to head lamps, clearance lamps, identification and other lamps on snow removal
32 equipment when operated on the highways in lieu of the lamps otherwise
33 required on vehicles by this title. Standards and specifications may permit
34 the use of flashing lights for purposes of identification on snow removal
35 equipment when in service upon the highways.
36 (2) The director may adopt standards and specifications applicable to
37 lighting equipment on and special warning devices to be carried by school
38 buses supplemental to but consistent with the provisions of section 49-914,
39 Idaho Code. Standards and specifications shall correlate with and so far as
40 possible conform to specifications then current as approved by the society of
41 automotive engineers.
42 (3) The director is authorized to approve or disapprove lighting devices
43 and to issue and enforce regulations rules establishing standards and specifi-
44 cations for the approval of lighting devices, their installation, adjustment,
45 and aiming, and adjustment when in use on motor vehicles. Regulations shall
46 correlate with and, so far as practicable, conform to the then current stan-
47 dards and specifications of the society of automotive engineers applicable to
48 that equipment.
49 (4) The director shall approve or disapprove any lighting device, of a
50 type on which approval is specifically required in this title, within a rea-
51 sonable time after the device has been submitted. He is authorized to set up
52 the procedure which shall be followed when any device is submitted for
53 approval, and upon approving any lamp or device shall issue to the applicant a
113
1 certificate of approval together with any instructions determined by him. The
2 department shall publish lists of all lamps and devices by name and type which
3 have been approved. Any person desiring approval of a device shall notify the
4 director in writing of the person's intention and shall submit the device for
5 testing and approval as directed by the director. The director shall not
6 approve a lighting device on any motorcycle or motor-driven cycle that does
7 not have a self-recovery lighting system such as a generator or alternator to
8 replace the power supply.
9 (5) The director shall approve and disapprove warning lighting devices on
10 emergency and police vehicles and establish standards and specifications for
11 emergency warning lighting devices.
12 (6) When the department has reason to believe that an approved device as
13 being sold commercially does not comply with the requirements of this title,
14 the director may, after giving thirty (30) days' previous notice to the person
15 holding the certificate of approval for the device in this state, conduct a
16 hearing upon the question of compliance of the approved device. After the
17 hearing he shall determine whether the approved device meets the requirements
18 of this title. If the device does not meet the requirements of this title, he
19 shall give notice to the person holding the certificate of approval for the
20 device in this state.
21 If at the expiration of ninety (90) days after the notice, the person
22 holding the certificate of approval for the device has failed to satisfy the
23 department that the approved device as thereafter to be sold meets the
24 requirements of this title, the director shall suspend or revoke the approval
25 issued until or unless the device is resubmitted to and retested by an
26 approved testing agency and found to meet the requirements of this title, and
27 may require that all the devices sold since the notification following the
28 hearing be replaced with devices that do comply with the requirements of this
29 title. The department may at the time of the retest, purchase in the open mar-
30 ket and submit to the testing agency one or more sets of the approved devices,
31 and if the device upon retest fails to meet the requirements of this title,
32 the director may refuse to renew the certificate of approval of the device.
33 (7) The director shall adopt and enforce safety requirements, regulations
34 rules and specifications applicable to air conditioning equipment which shall
35 correlate with and, so far as possible, conform to the current recommended
36 practice or standard applicable to air conditioning equipment approved by the
37 society of automotive engineers.
38 (8) The director in cooperation with the state board of education shall
39 adopt and enforce regulations rules not inconsistent with this title to govern
40 the design and operation of all school buses when owned and operated by any
41 school district or privately owned and operated under contract with any school
42 district in the state, and these regulations rules shall by reference be made
43 a part of any contract with a school district. Every school district, its
44 officers and employees, and every person employed under contract by a school
45 district shall be subject to these regulations rules.
46 SECTION 117. That Section 49-910A, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 49-910A. COLOR OF LAMPS AND GLOBES LIMITED TO CERTAIN VEHICLE CLASSES.
49 For the purposes of this chapter lighting devices utilizing various colors of
50 lighted globes approved by the director of law enforcement the Idaho state
51 police for use on vehicles shall be restricted to the following class of vehi-
52 cles:
53 (1) Police vehicles. Only police vehicles shall display blue lights,
114
1 lenses or globes.
2 (2) Designated emergency vehicles. Fire fighting vehicles, vehicles
3 belonging to personnel of voluntary fire departments, vehicles belonging to,
4 or operated by EMS personnel certified or otherwise recognized by the EMS
5 bureau of the Idaho department of health and welfare while in the performance
6 of emergency medical services, ambulances, sheriff's search and rescue vehi-
7 cles which are under the immediate supervision of the county sheriff, and
8 wreckers, as defined in section 49-124, Idaho Code, which are engaged in motor
9 vehicle recovery operations and are blocking part or all of one or more lanes
10 of traffic, are designated emergency vehicles. With the exception of school
11 buses as provided in section 49-915, Idaho Code, only fire fighting vehicles,
12 vehicles belonging to personnel of voluntary fire departments, vehicles
13 belonging to, or operated by EMS personnel certified or otherwise recognized
14 by the EMS bureau of the Idaho department of health and welfare while in the
15 performance of emergency medical services, ambulances, designated emergency
16 vehicles described herein, vehicles authorized by the Idaho transportation
17 board for use in the enforcement of vehicle laws specified in section 40-510,
18 Idaho Code, and other emergency vehicles designated by the director of the
19 department of law enforcement Idaho state police may display red flashing
20 lights or red lenses or globes which are visible from the front of the vehi-
21 cle.
22 (3) All vehicles. Any motor vehicle may have attached to it a flashing
23 amber light to warn motorists of a vehicular traffic hazard requiring the
24 exercise of unusual care in approaching, overtaking or passing the vehicle
25 displaying such lighting. The driver of an approaching vehicle shall yield
26 the right-of-way to any stationary vehicle displaying a flashing amber light.
27 SECTION 118. That Section 49-944, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 49-944. STANDARDS FOR WINDSHIELDS AND WINDOWS OF MOTOR VEHICLES -- PRO-
30 HIBITED ACTS -- PENALTY. (1) It is unlawful for any person to place, install,
31 affix or apply any window tinting film or sunscreening device to the windows
32 of any motor vehicle, except as follows:
33 (a) Nonreflective window tinting film or sunscreening devices shall not
34 be applied to the windshield below the AS-1 line; if no AS-1 line is iden-
35 tifiable on the windshield, nonreflective window tinting film or
36 sunscreening devices shall not be applied to the windshield below a line
37 extending six (6) inches below and parallel to the exposed windshield;
38 (b) Nonreflective window tinting film or sunscreening devices that have a
39 light transmission of not less than thirty-five percent (35%) with a tol-
40 erance limit of plus or minus three percent (3%) and a luminous
41 reflectance of no more than thirty-five percent (35%) with a tolerance
42 limit of plus or minus three percent (3%) may be applied to the front side
43 vents, front side windows to the immediate right and left of the driver,
44 and the rear window;
45 (c) Nonreflective window tinting film or sunscreening devices that have a
46 light transmission of not less than twenty percent (20%) with a tolerance
47 limit of plus or minus three percent (3%) and a luminous reflectance of no
48 more than thirty-five percent (35%) with a tolerance limit of plus or
49 minus three percent (3%) may be applied to the side windows to the rear of
50 the driver;
51 (d) Window tinting films or sunscreening devices are materials or devices
52 which are designed to be used in conjunction with approved vehicle glazing
53 materials for the purpose of reducing the effects of the sun;
115
1 (e) Light transmission is the ratio of the amount of total light,
2 expressed in percentages, which is allowed to pass through the product or
3 material to the amount of total light falling on the product or material;
4 (f) Luminous reflectance is the ratio of the amount of total light,
5 expressed in percentages, which is reflected outward by the product or
6 material to the amount of total light falling on the product or material.
7 (2) No person shall operate on the public highways, sell, or offer to
8 sell any motor vehicle with a windshield or windows which are not in compli-
9 ance with the provisions of this section.
10 (3) Persons who own a motor vehicle with a windshield or windows not in
11 compliance with the provisions of this section on June 30, 1992, shall not be
12 charged with a violation of the provisions of this section until January 1,
13 1993. Persons owning a motor vehicle with a windshield or windows not in com-
14 pliance with the provisions of this section on June 30, 1992, shall have until
15 January 1, 1993, to obtain a certificate from the department of law enforce-
16 ment Idaho state police indicating that the person owned the motor vehicle
17 containing a windshield or windows not in compliance with the provisions of
18 this section on or before June 30, 1992. The certificate shall be carried in
19 the vehicle. A person operating a motor vehicle with a valid certificate as
20 provided in this subsection shall not be deemed to be violating the provisions
21 of this section on or after January 1, 1993. The department of law enforcement
22 Idaho state police may promulgate rules and regulations in order to implement
23 the provisions of this section.
24 (4) Nonreflective window tinting film or sunscreening devices that have a
25 light transmission of not less than seventy percent (70%) plus or minus three
26 percent (3%) for the front windshield and not less than twenty percent (20%)
27 plus or minus three percent (3%) for the windows, with a luminous reflectance
28 of no more than thirty-five percent (35%) plus or minus three percent (3%) in
29 each instance, is permitted for a motor vehicle operated by, or carrying as a
30 passenger, a person who possesses written verification from a licensed physi-
31 cian that the operator or passenger must be protected from exposure to sun-
32 light or heat for medical reasons associated with past or current treatment;
33 such written verification shall be carried in the vehicle.
34 (5) Nothing in this section shall be construed to make illegal the opera-
35 tion or sale of any motor vehicle, the windshield or windows of which are com-
36 posed of, covered by, or treated with, any material, substance, system, or
37 component with which the motor vehicle was sold when new or could have been
38 equipped for sale when new as standard or optional equipment from the manufac-
39 turer or authorized dealer under any United States government statute or regu-
40 lation governing such sale at the time of manufacture.
41 (6) Any person convicted of a violation of the provisions of this section
42 shall be guilty of an infraction.
43 SECTION 119. That Section 49-1314, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 49-1314. TESTING BLOOD OF PERSONS KILLED IN ACCIDENTS. (1) The director
46 of the department of law enforcement Idaho state police, jointly with the var-
47 ious county coroners, shall provide a system and procedure whereby all
48 morticians in Idaho shall obtain blood samples from all pedestrians and motor
49 vehicle operators who have died as a result of and contemporaneously with an
50 accident involving a motor vehicle.
51 (2) All investigating peace officers shall report traffic fatalities to
52 the county coroner or follow the procedure established by the joint action of
53 the director of the department of law enforcement Idaho state police and the
116
1 various coroners.
2 (3) The blood sample, with any information as may be required, shall be
3 delivered to the director of the department of law enforcement Idaho state
4 police or his designee. Upon receipt of the sample the director will cause all
5 tests as may be required to determine the amount of alcohol, narcotics and
6 dangerous drugs that may be contained in the sample.
7 (4) The results of such tests shall be used for statistical purposes and
8 shall be subject to disclosure according to chapter 3, title 9, Idaho Code.
9 SECTION 120. That Section 49-1814, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 49-1814. DISPOSITION OF LOW-VALUED VEHICLES. (1) If the vehicle is
12 appraised at a value not exceeding two hundred dollars ($200), the provisions
13 of sections 49-1809 through 49-1811, Idaho Code, shall not apply, and the per-
14 son or public agency which removed the vehicle shall:
15 (a) Prepare a certificate containing a description of the vehicle stat-
16 ing the appraised value of the vehicle and indicating one of the follow-
17 ing:
18 1. The agency which requested the tow has submitted a certified
19 statement that a declaration of opposition has not been received.
20 2. The registered and legal owners have signed a certified release
21 disclaiming any interest, which release shall be included with the
22 certificate.
23 3. The vehicle is in a condition that vehicle identification numbers
24 are not available to determine owners of record.
25 (b) Upon completion of the certificate, execute and deliver a bill of
26 sale, together with a copy of the certificate, either to the possessory
27 lienholder, who shall endorse the bill of sale to an automobile parts
28 dealer or to a scrap processor for disposal.
29 (2) Automobile parts dealers acquiring vehicles which are the subject of
30 certificates prepared and forwarded pursuant to this section shall be excused
31 from any fees which would otherwise be due to the department.
32 (3) A public agency may authorize, by contract, the removal or disposal
33 of low-valued vehicles. The contract shall be issued to the lowest responsible
34 bidder. Bills of sale shall then be executed and delivered, pursuant to sub-
35 section (1)(b) of this section, to the contractor.
36 (4) The following persons shall have the authority to make appraisals for
37 purposes of this chapter:
38 (a) Any member of the Idaho state police; division of the department of
39 law enforcement;
40 (b) Any regularly employed and salaried deputy sheriff or other employee
41 designated by the sheriff of any county;
42 (c) Any regularly employed and salaried peace officer or other employee
43 designated by the chief of police of any city;
44 (d) Any officer or employee of the division of motor vehicles designated
45 by the director;
46 (e) Any regularly salaried employee of a city, county, or city and county
47 designated by a board of county commissioners or by a city council; or
48 (f) Any regularly employed and salaried peace officer or other employee
49 of the department of parks and recreation designated by the director of
50 that department.
51 (5) An appraiser, upon completion of an appraisal within the meaning of
52 this chapter, shall notify the department of the appraisal and of the facts
53 upon which the appraisal was based.
117
1 SECTION 121. That Section 49-2205, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 49-2205. HAZARDOUS MATERIAL/HAZARDOUS WASTE TRANSPORTATION ENFORCEMENT
4 ACCOUNT FUND. (1) For the purposes of the Idaho department of law enforcement
5 state police, there is hereby created an account fund in the state treasury,
6 to be designated the hazardous material/hazardous waste transportation
7 enforcement account fund.
8 (2) The account fund shall consist of:
9 (a) Moneys appropriated to the account fund;
10 (b) Moneys as provided in sections 49-2202 and 49-2203, Idaho Code, and
11 in subsections (1) and (2) of section 49-2209, Idaho Code;
12 (c) Donations, gifts and grants from any source; and
13 (d) Any other moneys which may hereafter be provided by law.
14 (3) Moneys in the account fund may be used by the director for reasonable
15 costs incident to enforcement of the laws and rules related to the transporta-
16 tion of hazardous material or hazardous waste. Such costs include expenditures
17 for inspection and monitoring programs, training of law enforcement personnel
18 to meet specialized needs of hazardous materials/hazardous waste enforcement,
19 and other reasonable expenses necessary for the enforcement of such programs.
20 (4) All moneys placed in the account fund shall be appropriated annually
21 by the legislature for the purposes described in subsection (3) of this sec-
22 tion. All expenditures from the account fund shall be paid out in warrants
23 drawn by the state controller upon presentation of the proper vouchers.
24 (5) Pending use, surplus moneys in the account fund shall be invested by
25 the state treasurer in the same manner as provided under section 67-1210,
26 Idaho Code.
27 (6) An amount of money equal to the actual and reasonable cost of issuing
28 the permits and endorsements, collecting the moneys for them, and the direct
29 administrative costs as determined by the department and certified by the
30 state controller, shall be paid to the state highway account fund established
31 in section 40-702, Idaho Code.
32 SECTION 122. That Section 49-2426, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 49-2426. MARKING OF VEHICLES -- CERTAIN VEHICLES EXCEPTED. (1) Every
35 motor vehicle owned by or under control and custody of the state of Idaho,
36 except as provided in subsection (2) of this section, or in section 49-2427,
37 Idaho Code, shall be indelibly and conspicuously lettered on each side, in
38 plain letters not less than one and one-half (1 1/2) inches high, with the
39 words "State of Idaho" or "Idaho" with the name of the proper department, as
40 defined in section 67-2402, Idaho Code, in each case inserted following either
41 of these words. The words shall be kept clear, distinct and visible at all
42 times. The provisions of this section shall not be applicable to any motor
43 vehicle in the personal service of the governor, except that upon the front
44 doors of any motor vehicle in his personal service there shall be placed the
45 Great Seal of the state of Idaho.
46 (2) Motor vehicles under the custody and control of the director of the
47 department of law enforcement Idaho state police and used for confidential
48 investigative purposes when necessary to enforce the laws of this state or
49 motor vehicles under the custody and control of the director of the department
50 of health and welfare and used for official state business need not be marked
51 as provided in subsection (1) above. Any other department, agency, or entity
52 of the state shall apply in writing to the director for permission to use one
118
1 or more unmarked vehicles for confidential investigative purposes. Permission
2 shall be granted only in writing and upon a finding of good cause.
3 SECTION 123. That Section 54-521, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 54-521. BOARD OF BARBER EXAMINERS -- POWERS AND DUTIES -- DESIGNATION OF
6 PERSONS TO REPORT TO BOARD. There is hereby created, and established in the
7 department of self-governing agencies, the board of barber examiners. The
8 board may, by written agreement, authorize the bureau of occupational licenses
9 as agent to act in its interest (in this chapter referred to as the board) and
10 in addition to the powers herein elsewhere conferred, shall have the following
11 powers and it shall be the duty of the board:
12 (1.) To conduct examinations to ascertain the qualifications and fitness
13 of applicants for licenses hereunder and to pass upon the qualifications of
14 all applicants for licenses.
15 (2.) To conduct hearings and proceedings in accordance with the provi-
16 sions of chapter 52, title 67, Idaho Code, to revoke licenses issued under
17 this chapter and to revoke such licenses subject to the provisions of this
18 chapter.
19 (3.) To designate what schools of barbering within and without the state
20 are approved schools, and from time to time, to change such designations and
21 to keep public records thereof.
22 (4.) To prescribe rules in accordance with the provisions of chapter 52,
23 title 67, Idaho Code, for a fair and wholly impartial method of examination of
24 applicants for licenses hereunder and, subject to the provisions of chapter
25 52, title 67, Idaho Code, for conducting hearings for the revocation of
26 licenses, defining the qualifications of an approved school of barbering and
27 for the administration of this chapter in general.
28 Excepting the regulation of schools under section 54-507, Idaho Code,
29 hereof, and the issuance of licenses under section 54-513, Idaho Code, none of
30 the powers and duties specified in the foregoing subdivisions of this subsec-
31 tions, (1) to (4), inclusive, shall be exercised by the said bureau except on
32 the action of the board of barber examiners., which board shall be composed as
33 follows: The board of barber examiners shall be composed of the present mem-
34 bers of the board of barber examiners as appointed by the commissioner of law
35 enforcement. When vacancies occur on said board, the governor shall appoint
36 new members, but not more than a total of three (3) members, each of whom
37 shall be a registered barber, and shall have been a resident of, and lawfully
38 practicing barbering within the state of Idaho for a period of at least five
39 (5) years next before his appointment, and who is neither directly nor indi-
40 rectly in any way connected with or interested in the barber supply business
41 nor in any institution offering instruction in barbering. In appointing the
42 members of such board the governor shall give consideration to the recommenda-
43 tions received from the Idaho state barbers association. The board and all
44 assistants shall be compensated as provided by section 59-509(g), Idaho Code.
45 The regular term of office of a member of the board shall begin as of the
46 first Monday of July of the year in which he is appointed and shall continue
47 for three (3) years thereafter. A member appointed to fill a vacancy occa-
48 sioned otherwise than by expiration of a term shall serve the unexpired term
49 of his predecessor.
50 A vacancy in membership in the board shall occur, and be declared by the
51 governor, whenever the regular term of a member expires, or whenever a member
52 dies, resigns, or is found by the governor to be mentally or physically inca-
53 pable of acting, or to be neglecting or refusing to act, or to cease to have
119
1 the qualifications of a member, or to have acquired disqualifications of a
2 member, or to have been absent without reasonable cause from two (2) succes-
3 sive meetings of the board.
4 The board of barber examiners shall select from its members a chairman,
5 vice-chairman, and secretary who shall serve at the pleasure of the board.
6 The action and report in writing of the board so designated shall be suf-
7 ficient authority upon which the bureau may act.
8 Whenever the board is satisfied that substantial justice has not been
9 done, either in examination or in revocation of a license or otherwise, it may
10 order a reexamination or rehearing of the matter.
11 SECTION 124. That Section 54-1503, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 54-1503. STATE BOARD OF OPTOMETRY ESTABLISHED. There is hereby estab-
14 lished in the department of self-governing agencies a state board of optometry
15 composed of five (5) members who will serve for staggered terms of five (5)
16 years each after the effective date of this act unless otherwise provided in
17 this act. Sixty (60) days after the effective date of this act, the bureau of
18 occupational licenses shall send the governor of the state of Idaho a list of
19 ten (10) names of persons eligible to serve on the state board of optometry in
20 the state of Idaho, nominated pursuant to the terms of this act, and the gov-
21 ernor of the state of Idaho shall then appoint the five (5) members of the
22 board of optometry from the list of names provided for terms of one (1), two
23 (2), three (3), four (4) and five (5) years from the effective date of this
24 act. A vacancy in membership on the board shall occur when the regular term of
25 a member expires or when a member dies, resigns or is removed from office by
26 the governor. Appointments to fill a vacancy because of the expiration of a
27 regular term provided in this act shall be filled by the governor by appoint-
28 ment of a member for a five (5) year term as provided in this act. Appoint-
29 ments to fill a vacancy occurring for some reason other than expiration of
30 term of office shall be made for the unexpired term which is being filled. The
31 governor may remove any member of the board from membership on the board who
32 is found by the governor to be mentally or physically incapable of acting, or
33 to be neglecting or refusing to act, or who ceases to have the qualifications
34 of a member as provided in this act.
35 From the effective date of this act until the appointment of the state
36 board of optometry established by this act, the optometrists designated and
37 appointed by the commissioner of law enforcement under existing law and serv-
38 ing as the members of the state board of examiners in optometry when this act
39 becomes effective shall serve as the temporary state board of optometry under
40 the terms of this act.
41 SECTION 125. That Section 54-1805, Idaho Code, be, and the same is hereby
42 amended to read as follows:
43 54-1805. THE STATE BOARD OF MEDICINE ESTABLISHED. (1) There is hereby
44 established in the department of self-governing agencies a state board of med-
45 icine to be composed of ten (10) members. The membership of the state board of
46 medicine as it exists on the effective date of this act is hereby confirmed as
47 members of the board for the terms to which they were originally appointed.
48 (2) (a) The board shall consist of ten (10) members. The director of the
49 department of law enforcement Idaho state police shall be a member of the
50 board. Seven (7) members shall be physicians who are residents of this
51 state and engaged in the active practice of medicine in this state, and
120
1 two (2) members shall be public members.
2 (b) All physician appointments to the board shall be for six (6) year
3 terms. The physician members shall consist of six (6) members who are
4 licensed to practice medicine and surgery in this state and one (1) member
5 who is licensed to practice osteopathic medicine or osteopathic medicine
6 and surgery in this state. Whenever a term of a member of the board who is
7 licensed to practice medicine and surgery expires or becomes vacant, the
8 Idaho medical association shall nominate three (3) persons licensed to
9 practice medicine and surgery for each such vacancy, and forward such nom-
10 inations to the governor who shall appoint from among such nominees, one
11 (1) person to be a member of the board to fill such vacancy. Whenever a
12 term of the member of the board who is licensed to practice osteopathic
13 medicine or osteopathic medicine and surgery expires or becomes vacant,
14 the Idaho osteopathic association shall nominate three (3) persons
15 licensed to practice osteopathic medicine or osteopathic medicine and sur-
16 gery for such vacancy, and shall forward the nominations to the governor
17 who shall appoint from among such nominees one (1) person to be a member
18 of the board to fill such vacancy.
19 (c) All public members shall be appointed by the governor for three (3)
20 year terms. Public members must reside in the state and be persons of
21 integrity and good reputation who have lived in this state for at least
22 five (5) years immediately preceding their appointment, who have never
23 been authorized to practice a healing art, and who have never had a sub-
24 stantial personal, business, professional, or pecuniary connection with a
25 healing art or with a medical education or health care facility, except as
26 patients or potential patients.
27 (3) Appointments to fill vacancies occurring from some other reason than
28 expiration of a term for which a member was appointed, shall be made in the
29 same manner as hereinabove set forth for the unexpired term. The governor may
30 remove any member of the board from the membership of the board, who is guilty
31 of malfeasance, misfeasance or nonfeasance.
32 (4) The board shall elect a chairman from its membership. The members of
33 the board except for state employees shall be compensated as provided by sec-
34 tion 59-509(n), Idaho Code. Five (5) members of the board shall constitute a
35 quorum, and the board may act by virtue of a majority vote of members present
36 at a meeting.
37 SECTION 126. That Section 54-2048, Idaho Code, be, and the same is hereby
38 repealed.
39 SECTION 127. That Section 54-2503, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 54-2503. RACING COMMISSION CREATED -- APPOINTMENT -- REMOVAL -- CLAIMS.
42 There is hereby created in the department of law enforcement Idaho state
43 police the Idaho state racing commission, to consist of three (3) members, who
44 shall be citizens, residents, and qualified electors of the state of Idaho.
45 The members of said commission shall be appointed by the governor within
46 thirty (30) days after this act takes effect, one (1) for a term to expire on
47 the Thursday following the second Monday in January, 1965, and one (1) for a
48 term to expire on the Thursday following the second Monday in January, 1967,
49 and one (1) for a term to expire on the Thursday following the second Monday
50 in January, 1969, and upon the expiration of the term of any member of said
51 commission, the governor shall appoint a successor for a term of six (6)
52 years. All appointments to the Idaho state racing commission shall be subject
121
1 to the approval of the senate.
2 Each member shall hold office until his successor is appointed and quali-
3 fied. Vacancies on the commission shall be filled by appointment to be made by
4 the governor for the unexpired term.
5 Any member may be removed from office by the governor for cause after a
6 public hearing. Notice of said hearing shall fix the time and place of hearing
7 and shall specify the charges. Copy of the notice of hearing shall be served
8 on the member by mailing the same to the member at his last known address at
9 least ten (10) days before the date fixed for said hearing.
10 SECTION 128. That Section 56-227C, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 56-227C. SUBPOENA POWER. The director, his authorized representative, the
13 director of the department of law enforcement Idaho state police, his autho-
14 rized representative, and any prosecuting attorney of any county, for the pur-
15 poses contemplated by this act, have power to issue subpoenas, compel the
16 attendance of witnesses, administer oaths, certify to official acts, take
17 depositions within and without the state of Idaho, as now provided by law,
18 compel the production of pertinent books, payrolls, accounts, papers, records,
19 documents and testimony. If a person in attendance before such director or his
20 authorized representative or prosecuting attorney refuses, without reasonable
21 cause, to be examined or to answer a legal and pertinent question, or to pro-
22 duce a book or paper or other evidence when ordered so to do by the director
23 or his authorized representative or prosecuting attorney, said director or his
24 authorized representative or prosecuting attorney may apply to the judge of
25 the district court of the county where such person is in attendance, upon
26 affidavit for an order returnable not less than two (2) or more than five (5)
27 days, directing such person to show cause before such judge, or any other
28 judge of such district, why he should not be punished for contempt; upon the
29 hearing of such order, if the judge shall determine that such person has
30 refused, without reasonable cause or legal excuse, to be examined or to answer
31 a legal or pertinent question, or to produce a book or paper which he was
32 ordered to bring or produce, he may forthwith punish the offender as for con-
33 tempt of court.
34 No person shall be excused from testifying or from producing any books or
35 papers or documents in any investigation or inquiry by or upon any hearing
36 before any officer so authorized upon the ground that the testimony or evi-
37 dence, books, papers or documents required of him may tend to incriminate him
38 or subject him to penalty or forfeiture; but no person shall be prosecuted,
39 punished or subjected to any penalty or forfeiture for or on account of any
40 act, transaction, matter or thing concerning which he is compelled, after
41 claiming his privileges against self-incrimination, to testify or produce evi-
42 dence, documentary or otherwise, except that any person so testifying shall
43 not be exempt from prosecution and punishment for perjury committed in so tes-
44 tifying.
45 Subpoenas shall be served and witness fees and mileage paid as allowed in
46 civil cases in the district courts of this state.
47 Inspectors and investigators employed by the department of law enforcement
48 Idaho state police for the enforcement of this act shall have all the author-
49 ity given by statute to peace officers of the state of Idaho, including
50 authority to serve and execute warrants of arrest and warrants of search and
51 seizure.
52 SECTION 129. That Section 59-904, Idaho Code, be, and the same is hereby
122
1 amended to read as follows:
2 59-904. STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED. (a) All
3 vacancies in any state office, and in the supreme and district courts, unless
4 otherwise provided for by law, shall be filled by appointment by the governor.
5 Appointments to fill vacancies pursuant to this section shall be made as pro-
6 vided in subsections (b), (c), (d), (e), and (f) of this section, subject to
7 the limitations prescribed in those subsections.
8 (b) Nominations and appointments to fill vacancies occurring in the
9 office of lieutenant governor, state controller, state treasurer, superintend-
10 ent of public instruction, attorney general and secretary of state shall be
11 made by the governor, subject to the advice and consent of the senate, for the
12 balance of the term of office to which the predecessor of the person appointed
13 was elected.
14 (c) Nominations and appointments to and vacancies in the following listed
15 offices shall be made or filled by the governor subject to the advice and con-
16 sent of the senate for the terms prescribed by law, or in case such terms are
17 not prescribed by law, then to serve at the pleasure of the governor:
18 Director of the department of administration,
19 Director of the department of finance,
20 Director of the department of insurance,
21 Director, department of agriculture,
22 Director of the department of labor,
23 Director of the department of water resources,
24 Director of the department of law enforcement Idaho state police,
25 Director of the department of commerce,
26 Director of the department of juvenile corrections,
27 Executive director of the commission of pardons and parole,
28 The state historic preservation officer,
29 The administrator of the division of human resources,
30 Member of the state tax commission,
31 Members of the board of regents of the university of Idaho and the state
32 board of education,
33 Members of the Idaho water resources board,
34 Members of the state fish and game commission,
35 Members of the Idaho transportation board,
36 Members of the state board of health and welfare,
37 Members of the board of directors of state parks and recreation,
38 Members of the board of correction,
39 Members of the industrial commission,
40 Members of the Idaho public utilities commission,
41 Members of the Idaho personnel commission,
42 Members of the board of directors of the Idaho state retirement system,
43 Members of the board of directors of the state insurance fund,
44 Members of the commission of pardons and parole.
45 (d) Appointments made by the state board of land commissioners to the
46 office of director, department of lands, and appointments to fill vacancies
47 occurring in those offices shall be submitted by the president of the state
48 board of land commissioners to the senate for the advice and consent of the
49 senate in accordance with the procedure prescribed in this section.
50 (e) Appointments made pursuant to this section while the senate is in
51 session shall be submitted to the senate forthwith for the advice and consent
52 of that body. The appointment so made and submitted shall not be effective
53 until the approval of the senate has been recorded in the journal of the sen-
54 ate. Appointments made pursuant to this section while the senate is not in
123
1 session shall be effective until the appointment has been submitted to the
2 senate for the advice and consent of the senate. Should the senate adjourn
3 without granting its consent to such an interim appointment the appointment
4 shall thereupon become void and a vacancy in the office to which the appoint-
5 ment was made shall exist.
6 All appointments made pursuant to subsection (c) of this section, except
7 those appointments for which a term of office is fixed by law, shall terminate
8 at the expiration of any gubernatorial term. Appointments to fill the vacan-
9 cies thus created by the expiration of the term of office of the governor
10 shall be forthwith submitted to the senate for the advice and consent of that
11 body, and when so submitted shall be as expeditiously considered as possible.
12 Upon receipt of an appointment in the senate for the purpose of securing
13 the advice and consent of the senate, the appointment shall be referred by the
14 presiding officer to the appropriate committee of the senate for consideration
15 and report prior to action thereon by the full senate.
16 (f) It is the intent of the legislature that the provisions of this sec-
17 tion as amended by this chapter shall not apply to appointments which have
18 been made prior to the effective date of this chapter. It is the further
19 intent of the legislature that the provisions of this section shall apply to
20 the offices listed in this section and to any office created by law or execu-
21 tive order which succeeds to the powers, duties, responsibilities and authori-
22 ties of any of the offices listed in subsections (c) and (d) of this section.
23 SECTION 130. That Section 59-1303, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 59-1303. ADDITIONAL DEFINITIONS FOR POLICE OFFICER STATUS. (1) As used in
26 this chapter, each of the terms defined in this section shall have the meaning
27 given in this section unless a different meaning is clearly required by the
28 context.
29 (2) Police officer membership status for retirement purposes may be fixed
30 only by law, or by order of the retirement board.
31 (3) Members holding or filling the following positions or offices are
32 designated by law as police officer members for retirement purposes during the
33 time of their appointment to that position or during their term of office:
34 (a) (i) The director and deputy director of the department of law
35 enforcement, the administrator of the Idaho state police. division
36 and the assistant director of the police services division.
37 (ii) Commissioned personnel of the Idaho state police division,
38 police services division and alcohol beverage control division hold-
39 ing positions which involve active law enforcement services, for
40 which current POST certification is required to continue in employ-
41 ment in the position, POST instructors, and department of law
42 enforcement Idaho state police training instructors.
43 (iii) Brand inspectors and brand inspector supervisors.
44 (iv) Employees of the department of law enforcement Idaho state
45 police serving in positions of personnel management, accounting, data
46 processing, clerical services and in like general classifications
47 found in departments throughout state government and not within the
48 scope of active law enforcement service are not eligible for police
49 officer member status.
50 (b) (i) County sheriffs;
51 (ii) Deputy county sheriffs holding positions for which current POST
52 certification is necessary to continue in employment in the position,
53 the principal duties of which are active law enforcement service;
124
1 deputy county sheriffs holding positions which require accountability
2 for the safety and safekeeping of persons confined in a city or
3 county confinement facility or whose duties require active participa-
4 tion in county law enforcement activities pertaining to crime preven-
5 tion or reduction; deputy sheriffs, even though POST certified or
6 required to be POST certified, holding positions whose principal
7 full-time duties are those of a telephone operator, clerk, stenogra-
8 pher, animal control officer, records specialist, or duties not
9 within the scope of active law enforcement service are not eligible
10 for police officer member status.
11 (c) (i) City police chiefs;
12 (ii) City police officers holding positions for which current POST
13 certification is necessary to continue in employment in the position,
14 the principal duties of which are active law enforcement service;
15 city police officers holding positions which require accountability
16 for the safety and safekeeping of persons confined in a city or
17 county confinement facility or whose duties require active participa-
18 tion in city law enforcement activities pertaining to crime preven-
19 tion or reduction; police officers, even though POST certified or
20 required to be POST certified, holding positions whose principal
21 full-time duties are those of a telephone operator, clerk, stenogra-
22 pher, animal control officer, records specialist, or duties not
23 within the scope of active law enforcement service are not eligible
24 for police officer member status.
25 (d) Employees of the department of fish and game serving in a conserva-
26 tion officer position for which current POST certification is necessary to
27 continue in employment in that position and which position has as its pri-
28 mary accountability the enforcement of wildlife protection laws and regu-
29 lations.
30 (e) (i) The director of the department of correction, the deputy direc-
31 tor for probation and parole, and wardens of institutions;
32 (ii) Employees of the department of correction accountable for the
33 custody, safety, safekeeping or supervision of persons confined in a
34 department confinement facility and whose work station is located
35 within the confinement facility;
36 (iii) Probation and parole supervisors, probation and parole investi-
37 gators, and probation and parole officers;
38 (iv) Correctional peace officer training instructors;
39 (v) Employees of the department of correction serving in positions
40 of personnel management, accounting, data processing, clerical ser-
41 vices and in like general classifications found in departments
42 throughout state government and not within the scope of active law
43 enforcement service are not eligible for police officer member sta-
44 tus.
45 (f) Employees of the adjutant general and military division of the state
46 where military membership is a condition of employment.
47 (g) Magistrates of the district court; justices of the supreme court,
48 judges of the court of appeals, and district judges who have made an elec-
49 tion under section 1-2011, Idaho Code; and court employees designated by
50 court order to have primary responsibility for court security or transpor-
51 tation of prisoners.
52 (h) Paramedics and paramedic trainees.
53 (i) Criminal investigators of the attorney general's office, and criminal
54 investigators of a prosecuting attorney's office.
55 (j) The director of security and the criminal investigators of the Idaho
125
1 state lottery.
2 (4) A member may be designated by the retirement board as a police offi-
3 cer member for retirement purposes if the position held is one in which the
4 principal duties involve hazardous law enforcement duties.
5 (a) For purposes of this section, "hazardous law enforcement duties"
6 means principal duties which:
7 (i) Will reasonably expect to increase the probability of early
8 superannuation;
9 (ii) Is Are associated with life-threatening risk or presents a
10 position of peril either to the member or to others, or which can
11 place the public safety in jeopardy; and
12 (iii) Either compels others to observe the law, pertains to crime
13 prevention, or pertains to crime reduction, including police, courts,
14 prosecution, correction, or rehabilitation.
15 (b) If continued employment in a position is conditioned on maintaining
16 current POST certification, such condition shall be evidence to be consid-
17 ered that the employee is a police officer member for retirement purposes.
18 (i) After July 1, 1999, a requirement for POST certification for
19 classified state employees may be made only by the administrator of
20 the division of human resources pursuant to chapter 53, title 67,
21 Idaho Code.
22 (c) Occasional assignments to hazardous law enforcement duties do not
23 create a condition for designation as a police officer member for retire-
24 ment purposes.
25 (5) Any employer or agency that believes that any employee, not specifi-
26 cally designated as a police officer by law, is incorrectly classified as a
27 nonpolice officer member, may petition the retirement board for inclusion of
28 that employee's position as one to be filled by a police officer member for
29 retirement purposes. The petition shall be in writing and shall explain in
30 detail the principal duties of the position and include written evidence which
31 establishes that the criteria of subsection (4) are met. The board shall
32 review the petition and evidence, together with such information and evidence
33 as may be presented by the staff of the retirement system. The board may
34 decide the matter based upon the information supplied, may request additional
35 information, or may request an oral presentation before the board. The deci-
36 sion of the board shall be final, but a similar petition may be resubmitted
37 after six (6) months.
38 (6) On and after July 1, 1985, no active member shall be classified as a
39 police officer for retirement purposes unless the employer shall have certi-
40 fied to the board, on a form provided by the board, that such member is an
41 employee whose primary position with the employer is one designated as such
42 within the meaning of this chapter, and the board shall have accepted such
43 certification. Acceptance by the board of an employer's certification shall in
44 no way limit the board's right to review and reclassify the position for
45 retirement purposes based upon an audit or other relevant information pre-
46 sented to the board.
47 (7) An active member classified as a police officer for retirement pur-
48 poses whose position is reclassified to that of a general member for retire-
49 ment purposes as a result of a determination that the position does not meet
50 the requirements of this chapter for police officer status for retirement pur-
51 poses shall become a general member but shall not lose retirement benefits
52 earned and accrued prior to the reclassification. If that member continues to
53 be employed in that same position until retired, that member then will be
54 deemed to be a police officer member for the purposes of retirement eligibil-
55 ity.
126
1 SECTION 131. That Section 63-2552A, Idaho Code, be, and the same is
2 hereby amended to read as follows:
3 63-2552A. ADDITIONAL TAX IMPOSED -- RATE. (1) In addition to the tax
4 imposed in section 63-2552, Idaho Code, from and after July 1, 1994, there is
5 levied and there shall be collected an additional tax upon the sale, use, con-
6 sumption, handling, or distribution of all tobacco products in this state at
7 the rate of five per cent percent (5%) of the wholesale sales price of such
8 tobacco products. Such tax shall be imposed at the time the distributor:
9 (a) Brings, or causes to be brought, into this state from without the
10 state tobacco products for sale;
11 (b) Makes, manufactures, or fabricates tobacco products in this state for
12 sale in this state; or
13 (c) Ships or transports tobacco products to retailers in this state to be
14 sold by those retailers.
15 (2) Each distributor, within twenty (20) days after July 1, 1994, shall
16 file a report with the commission, in such form as the commission may pre-
17 scribe, showing the tobacco products on hand on July 1, 1994, and the amount
18 of tax due thereon. The tax imposed in this subsection shall be due and pay-
19 able within twenty (20) days after July 1, 1994, and thereafter shall bear
20 interest at the rate of one per cent percent (1%) per month.
21 (3) Fifty per cent percent (50%) of the tax collected pursuant to this
22 section shall be subject to appropriation to the public school income fund to
23 be utilized to facilitate and provide substance abuse programs in the public
24 school system of which amount two hundred fifty thousand dollars ($250,000)
25 shall be remitted annually to the department of law enforcement Idaho state
26 police to increase toxicology lab capacity in the bureau of forensic services
27 for drug testing of juveniles, and fifty per cent percent (50%) shall be sub-
28 ject to appropriation to the department of juvenile corrections for distribu-
29 tion quarterly to the counties to be utilized for county juvenile probation
30 services, based upon the percentage the population of the county bears to the
31 population of the state as a whole. The moneys remitted to the department of
32 law enforcement Idaho state police shall be reviewed annually and any money
33 excess to the operations needs of the laboratory for juvenile drug testing
34 will be returned to the public school income fund for substance abuse programs
35 in the public school system. The laboratory may utilize this increased
36 toxicology capacity for adult drug testing to the extent that timely testing
37 for juveniles is not adversely impacted.
38 SECTION 132. That Section 67-1405, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 67-1405. DUTIES OF THE ATTORNEY GENERAL REGARDING CHILD SEXUAL ABUSE
41 REPORTS. (1.) The department of health and welfare, each city police depart-
42 ment, each county sheriff and the department of law enforcement Idaho state
43 police shall submit to the office of the attorney general a report of each
44 child sexual abuse incident reported to each agency of state or local govern-
45 ment. The report shall contain such information as specified by the attorney
46 general. It shall be the duty of the attorney general to the greatest extent
47 possible to use and develop the information required in this section on forms
48 currently in use by each governmental entity, thus avoiding unnecessary paper-
49 work.
50 (2.) It shall be the duty of each county prosecuting attorney to submit
51 to the office of the attorney general a report of each child sexual abuse case
52 handled by the prosecuting attorney. The report required pursuant to this sec-
127
1 tion shall be designed by the attorney general to minimize the paperwork
2 impact on each county prosecutor.
3 (3.) The administrative office of the courts shall submit to the office
4 of the attorney general a report showing the disposition of each child sexual
5 abuse case handled by each of the district courts throughout the state. This
6 reporting requirement may be satisfied by submission of a copy of a judgment
7 made and entered in each case.
8 (4.) The commission on pardons and parole shall submit to the office of
9 the attorney general a report showing the release or discharge of any individ-
10 ual convicted of a crime involving child sexual abuse. Such report shall be
11 designed to minimize the paperwork impact upon the commission.
12 (5.) The office of the attorney general in conjunction with the governor
13 of the state of Idaho shall report, prepare and submit to the legislature a
14 report showing all of the statistical data and information compiled as a
15 result of the reporting requirement contained within this section. This report
16 shall be prepared and submitted no later than January 20, of each year.
17 SECTION 133. That Section 67-1605, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 67-1605. LAW ENFORCEMENT AND SECURITY. Responsibility for law enforcement
20 at the capitol building is vested in the director of the department of law
21 enforcement Idaho state police. In coordination with the director of law
22 enforcement the Idaho state police, Ada County and Boise City are granted
23 jurisdiction to enforce the laws of the state of Idaho and the ordinances of
24 Ada County and Boise City for the capitol building. The director of the
25 department of administration, or his designee, shall be responsible for secu-
26 rity in the capitol building and has the authority to contract with private
27 contractors to provide security for persons and property in the capitol build-
28 ing.
29 SECTION 134. That Section 67-2337, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-2337. EXTRATERRITORIAL AUTHORITY OF PEACE OFFICERS. (1) As used in
32 this section, "peace officer" shall mean a certified full-time paid employee
33 of a police or law enforcement agency whose duties include and primarily con-
34 sist of the prevention, investigation and detection of crime, and the enforce-
35 ment of penal, traffic, or highway laws of this state or any political subdi-
36 vision.
37 (2) All authority that applies to peace officers when performing their
38 assigned functions and duties within the territorial limits of the respective
39 city or political subdivisions, where they are employed, shall apply to them
40 outside such territorial limits to the same degree and extent only when any
41 one (1) of the following conditions exist:
42 (a) A request for law enforcement assistance is made by a law enforcement
43 agency of said jurisdiction.
44 (b) The peace officer possesses probable cause to believe a crime is
45 occurring involving a felony or an immediate threat of serious bodily
46 injury or death to any person.
47 (c) When a peace officer is in fresh pursuit as defined in and pursuant
48 to chapter 7, title 19, Idaho Code.
49 (3) Subsection (2) of this section shall not imply that peace officers
50 may routinely perform their law enforcement duties outside their jurisdiction
51 in the course and scope of their employment.
128
1 (4) Cities or political subdivisions may enter into mutual assistance
2 compacts with other cities or political subdivisions of this state or of
3 states immediately adjacent. In the case of a mutual assistance compact
4 between cities or political subdivisions, the original, employing agency shall
5 be responsible for any liability arising from the acts of its employees par-
6 ticipating in such compact. Any mutual assistance compact between a city or
7 political subdivision of this state with a city or political subdivision of
8 any other state shall include a written statement of assumption of liability
9 consistent with the requirements of this section.
10 (5) Circumstances surrounding any actual exercise of peace officer
11 authority outside the territorial limits of the city, county, or political
12 subdivision of their employment shall be reported, as soon as safety condi-
13 tions allow, to the law enforcement agency having jurisdiction where the
14 authority granted herein is exercised and the officer shall relinquish author-
15 ity and control over any event to the authority having jurisdiction.
16 (6) The state of Idaho and its agencies or departments shall not be lia-
17 ble for the acts of police officers, other than its own employees, commis-
18 sioned by the director of the department of law enforcement Idaho state
19 police, for acts done under a mutual assistance compact created under this
20 section.
21 SECTION 135. That Section 67-3001, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 67-3001. DEFINITIONS. As used in this chapter:
24 (1) "Administration of criminal justice" means performance of any of the
25 following activities: detection, apprehension, detention, pretrial release,
26 posttrial release, prosecution, adjudication, correctional supervision, or
27 rehabilitation of accused persons or criminal offenders. The administration of
28 criminal justice includes criminal identification activities and the collec-
29 tion, storage and dissemination of criminal history record information.
30 (2) "Bureau" means the bureau of criminal identification in the Idaho
31 department of law enforcement state police.
32 (3) "Court" means any court created by the constitution and laws of the
33 state of Idaho; and clerks of the district court.
34 (4) "Criminal history records" means physical and automated information
35 on individuals collected and maintained by the department of law enforcement
36 Idaho state police as a result of arrest or the initiation of a criminal pro-
37 ceeding by felony summons or information. A criminal history record includes,
38 as defined by department rule, any or all of the following information relat-
39 ing to each event that is subject to fingerprinting under section 67-3004,
40 Idaho Code:
41 (a) Information relating to offenders;
42 (b) Information relating to arrests;
43 (c) Information relating to prosecutions;
44 (d) Information relating to the disposition of cases by courts;
45 (e) Information relating to sentencing;
46 (f) Information relating to probation and parole status; and
47 (g) Information relating to offenders received by a correctional agency,
48 facility or other institution.
49 The term shall not include statistical or analytical records, reports in which
50 individuals are not identified and from which their identities are not ascer-
51 tainable, criminal intelligence information or criminal investigative informa-
52 tion, and source information or records maintained by and held at another
53 criminal justice agency or the court.
129
1 (5) "Criminal justice agency" means a governmental agency or subdivision
2 of a government entity that performs the administration of criminal justice
3 pursuant to a statute, and that allocates a substantial portion of its budget
4 to the administration of criminal justice.
5 (6) "Department" means the Idaho department of law enforcement state
6 police.
7 (7) "Director" means the director of the Idaho department of law enforce-
8 ment state police.
9 (8) "Disposition" means the formal or informal conclusion of a criminal
10 proceeding at whatever stage it occurs in the criminal justice system.
11 (9) "Fingerprints" means the fingerprint impressions submitted to and
12 compiled by the bureau, in a manual or automated form, pursuant to section
13 67-3004, Idaho Code.
14 (10) "Pecuniary benefit" means any benefit to a person or member of his
15 household in the form of money, property or commercial interests, the primary
16 significance of which is economic gain.
17 (11) "Retainable offense" means:
18 (a) A felony; or
19 (b) A serious misdemeanor as defined by rule adopted under section
20 67-3003(2), Idaho Code.
21 (12) "Subject of record" means the person who is or may be the primary
22 subject of a record of criminal justice information or any representative of
23 the person designated by power of attorney or notarized authorization.
24 (13) "Working day" means each day except Saturday, Sunday, or a legal
25 state holiday.
26 SECTION 136. That Section 67-4237, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 67-4237. PARKING VIOLATIONS. (1) If any vehicle, as defined in chapter 1,
29 title 49, Idaho Code, is stopped, standing, or parked in an illegal or unau-
30 thorized manner within a state park and the operator cannot be identified
31 readily, the fact that the vehicle is registered or leased in the name of a
32 person shall be prima facie evidence that such person was in control of the
33 vehicle at the time it was parked, unless that person can prove to the satis-
34 faction of the court the vehicle was driven and stopped, placed or parked by
35 an unauthorized person.
36 (2) The provisions of this section shall be enforced by commissioned
37 peace officers of the department of law enforcement Idaho state police,
38 employees of the department of parks and recreation authorized by the director
39 of the department of law enforcement Idaho state police, the sheriff and his
40 deputies of any county in the state and any peace officer of the state of
41 Idaho.
42 (3) Any violation of the provisions of this section shall be an infrac-
43 tion and punishable as provided in section 18-113A, Idaho Code.
44 SECTION 137. That Section 67-7034, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 67-7034. PERSONS UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR ANY OTHER
47 INTOXICATING SUBSTANCES.
48 (1) (a) It is unlawful for any person who is under the influence of alco-
49 hol, drugs or any other intoxicating substances, or who has an alcohol
50 concentration of 0.08, as defined in subsection (5) of this section, or
51 more, as shown by analysis of his blood, urine, breath, or other bodily
130
1 substance, to operate or be in actual physical control of a vessel on the
2 waters of the state of Idaho.
3 (b) It is unlawful for any person under twenty-one (21) years of age who
4 has an alcohol concentration of at least 0.02 but less than 0.10, as
5 defined in subsection (5) of this section, to operate or be in actual
6 physical control of a vessel on the waters of the state.
7 (2) Any person having an alcohol concentration of less than 0.08, as
8 defined in subsection (5) of this section, as shown by analysis of his blood,
9 urine, breath, or other bodily substance, by a test requested by an authorized
10 law enforcement officer shall not be prosecuted for operating under the influ-
11 ence of alcohol, except as provided in subsection (1)(a) and subsection (3) of
12 this section. Any person who does not take a test to determine alcohol concen-
13 tration or whose test result is determined by the court to be unreliable or
14 inadmissible against him, may be prosecuted for operating or being in actual
15 physical control of a vessel while under the influence of alcohol, drugs, or
16 any other intoxicating substances, or other competent evidence.
17 (3) If the results of the test requested by an authorized law enforcement
18 officer show a person's alcohol concentration of less than 0.08, as defined in
19 subsection (5) of this section, such fact may be considered with other compe-
20 tent evidence of drug use other than alcohol in determining the guilt or inno-
21 cence of the defendant. This subsection does not preclude prosecution for
22 alcohol intoxication for persons described in subsection (1)(b) of this sec-
23 tion.
24 (4) Persons authorized to withdraw blood for the purposes of determining
25 content of alcohol or other intoxicating substances are those persons autho-
26 rized in section 18-8003, Idaho Code. Immunity from liability in any civil
27 proceeding for specified causes of action shall be extended to personnel as
28 provided in section 18-8002, Idaho Code.
29 (5) For purposes of this chapter, an evidentiary test for alcohol concen-
30 tration is a determination of the percent by weight of alcohol in blood and
31 shall be based upon a formula of grams of alcohol per one hundred (100) cubic
32 centimeters of blood, per two hundred ten (210) liters of breath or sixty-
33 seven (67) milliliters of urine. Analysis of blood, urine or breath for the
34 purpose of determining the blood alcohol concentration shall be performed by a
35 laboratory operated by the Idaho department of law enforcement state police or
36 by a laboratory approved by the Idaho department of law enforcement state
37 police under the provisions of approval and certification standards to be set
38 by that department, or by any other method approved by the Idaho department of
39 law enforcement state police. Notwithstanding any other provision of law or
40 rule of court, the results of any test for alcohol concentration and records
41 relating to calibration, approval, certification or quality control performed
42 by a laboratory operated or approved by the Idaho department of law enforce-
43 ment state police or by any other method approved by the Idaho department of
44 law enforcement state police shall be admissible in any proceeding in this
45 state without the necessity of producing a witness to establish the reliabil-
46 ity of the testing procedure for examination.
47 (6) It is unlawful for any person who is an habitual user of, or under
48 the influence of any narcotic drug, or who is under the influence of any other
49 drug or any combination of alcohol and any drug to a degree which renders him
50 incapable of safely operating a vessel to operate or be in actual physical
51 control of a vessel on the waters of the state of Idaho. The fact that any
52 person charged with a violation of the provisions of this subsection is or has
53 been entitled to use such drug under the laws of this state shall not consti-
54 tute a defense against any charge of a violation of the provisions of this
55 subsection.
131
1 (7) Notwithstanding any other provision of law, any evidence of convic-
2 tion under this section shall be admissible in any civil action for damages
3 resulting from the occurrence. A conviction for the purposes of this section
4 means that the person has pled guilty or has been found guilty, notwithstand-
5 ing the form of the judgment or withheld judgment.
6 SECTION 138. That Section 67-7036, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-7036. TESTING BLOOD OF PERSONS KILLED IN VESSEL ACCIDENTS. The direc-
9 tor of the department of law enforcement Idaho state police, jointly with the
10 various county coroners, shall provide a system and procedure whereby all
11 morticians in the state of Idaho shall obtain blood samples from all vessel
12 operators who have died as a result of and contemporaneously with an accident
13 involving a vessel.
14 All investigating sheriffs, deputy sheriffs, or police officers shall
15 report such fatalities to the county coroner or follow the procedure estab-
16 lished by the joint action of the director of the department of law enforce-
17 ment Idaho state police and the various coroners.
18 The blood sample, with such information as may be required, will be deliv-
19 ered to the director of the department of law enforcement Idaho state police
20 or his designee. Upon receipt of such sample the director will cause such
21 tests as may be required to determine the amount of alcohol, narcotics and
22 dangerous drugs contained in such sample.
23 The results of such tests shall be used exclusively for statistical pur-
24 poses and the sample shall never be identified with the name of the deceased.
25 Any person releasing or making public such information other than as herein
26 prescribed, shall be guilty of a misdemeanor.
27 SECTION 139. That Section 67-7133, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 67-7133. RESPONSIBILITY FOR ENFORCEMENT. The provisions of this chapter
30 shall be enforced by the law enforcement personnel of the department of law
31 enforcement Idaho state police, the department of fish and game, employees of
32 the department of parks and recreation authorized by the director of the
33 department of law enforcement Idaho state police, the sheriffs and their depu-
34 ties of the various counties in the state and peace officers of each city.
35 SECTION 140. That Section 67-7410, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 67-7410. DIRECTOR OF LOTTERY SECURITY. The director shall hire a security
38 director who shall manage the lottery's security division. The security divi-
39 sion shall be responsible for the performance of background investigations of
40 employees, lottery retailers, and major procurement contractors and for the
41 enforcement of the criminal provisions of this chapter. In addition, the secu-
42 rity division shall develop a security plan to be implemented by the lottery.
43 The lottery's security division is herein designated as an Idaho law enforce-
44 ment agency. The director of security has the authority to:
45 (1) Issue administrative subpoenas during the conduct of investigations
46 in accordance with commission rules and regulations and this chapter;
47 (2) Require fingerprint and background checks of prospective employees
48 and contractors; and
49 (3) Access criminal offender record information from the department of
132
1 law enforcement Idaho state police for the purpose of background or other
2 investigations performed in accordance with this chapter.
3 Such information obtained and kept by the security director shall be sub-
4 ject to disclosure according to chapter 3, title 9, Idaho Code. Nothing herein
5 shall prohibit the lottery from disclosing information obtained by it to law
6 enforcement agencies or other lottery organizations for security or enforce-
7 ment purposes.
STATEMENT OF PURPOSE
RS 09401C1
The department of law enforcement has significantly reorganized to achieve
efficiencies in service and a more effective agency. This proposal amends
multiple sections of Idaho Code to change the agency name to the Idaho state
police; change references to the director of the department of law enforcement to
the director of the Idaho state police; delete language referring to the Idaho state
police division; delete language referring to the police services division and the
alcohol beverage control division as distinct budget divisions; change the
administrator of the Idaho state police to the superintendent of the Idaho state
police; and remove any redundant language referring to "investigators of the
department of law enforcement" when the Idaho state police is already
mentioned in the section being amended.
FISCAL NOTE
Fiscal impact of this proposal is in two areas. The name change associated
with the reorganization requires new signage at DLE locations; new letterhead
and business cards agency-wide; and new logos and flags at locations formerly
displaying department of law enforcement logos and flags. The cost of these
changes is approximately $18,500 and is being funded from the FY2000 budget.
In terms of the budget structure, while agency reorganization has
eliminated the former budget divisions of alcohol beverage control and Idaho state
police, these functions still exist and are budgeted at the program level. There is
no ongoing fiscal impact associated with the agency reorganization.
CONTACT: Ed Strickfaden, Director
Department of Law Enforcement
884-7003
STATEMENT OF PURPOSE/ FISCAL NOTE H 660