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H0128......................................................by STATE AFFAIRS
STATE GOVERNMENT - OFFICES - Amends existing law to provide that state
government offices shall be in Ada County, rather than the statutory
requirement of either at the state capitol or the City of Boise.
01/31 House intro - 1st rdg - to printing
02/01 Rpt prt - to St Aff
02/16 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 60-2-8
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Hadley, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones,
Kellogg, Kendell, Kunz, Langford, Loertscher, Mader, Marley, Meyer,
Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stone, Tilman, Trail, Wheeler, Wood, Young
NAYS -- Barrett, McKague
Absent and excused -- Boe, Gould, Hammond, Lake, Montgomery,
Ridinger, Swan, Mr. Speaker
Floor Sponsor -- Kunz
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to St Aff
03/01 Rpt out - rec d/p - to 2nd rdg
03/02 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- Stennett
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/26 Governor signed
Session Law Chapter 183
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 128
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO OFFICE LOCATIONS FOR STATE GOVERNMENT; AMENDING SECTION 22-1203,
3 IDAHO CODE, TO PROVIDE THAT THE EXECUTIVE OFFICE OF THE POTATO COMMISSION
4 IS ESTABLISHED IN ADA COUNTY; AMENDING SECTION 22-2540, IDAHO CODE, TO
5 DELETE REFERENCE TO BOISE AS THE PLACE WHERE THE DISTRICT COURT GIVES
6 NOTICE TO THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE; AMENDING SECTION
7 22-2913, IDAHO CODE, TO PROVIDE THAT THE EXECUTIVE OFFICE OF THE BEAN COM-
8 MISSION IS ESTABLISHED IN ADA COUNTY; AMENDING SECTION 22-3424, IDAHO
9 CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF AGRICULTURE
10 RECEIVING NOTICE AT BOISE; AMENDING SECTION 22-4103, IDAHO CODE, TO PRO-
11 VIDE THAT THE AGRICULTURAL LABOR BOARD SHALL HAVE ITS PRINCIPAL OFFICE IN
12 ADA COUNTY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 23-202,
13 IDAHO CODE, TO PROVIDE THAT THE PRINCIPAL PLACE OF BUSINESS OF THE STATE
14 LIQUOR DISPENSARY SHALL BE IN ADA COUNTY; AMENDING SECTION 25-2510, IDAHO
15 CODE, TO PROVIDE FOR RETURN OF BALLOTS TO THE MAIN OFFICE OF THE DEPART-
16 MENT OF AGRICULTURE; AMENDING SECTION 33-102, IDAHO CODE, TO PROVIDE THAT
17 THE OFFICE OF THE STATE BOARD OF EDUCATION SHALL BE LOCATED IN ADA COUNTY;
18 AMENDING SECTION 33-118A, IDAHO CODE, TO DELETE REFERENCE TO CURRICULAR
19 MATERIALS BEING MAINTAINED BY THE DEPARTMENT OF EDUCATION IN BOISE; AMEND-
20 ING SECTION 36-101, IDAHO CODE, TO PROVIDE THAT THE DEPARTMENT OF FISH AND
21 GAME'S PRINCIPAL OFFICE SHALL BE IN ADA COUNTY; AMENDING SECTION 36-102,
22 IDAHO CODE, TO PROVIDE THAT THE PRINCIPAL OFFICE OF THE FISH AND GAME COM-
23 MISSION SHALL BE IN ADA COUNTY; AMENDING SECTION 36-104, IDAHO CODE, TO
24 DELETE REFERENCE TO OFFICES BEING IN THE CITY OF BOISE; AMENDING SECTION
25 40-307, IDAHO CODE, TO PROVIDE THAT PERMANENT OFFICES OF THE TRANSPORTA-
26 TION BOARD SHALL BE IN ADA COUNTY; AMENDING SECTION 40-2402, IDAHO CODE,
27 TO PROVIDE THAT THE LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL SHALL MAIN-
28 TAIN OFFICES IN ADA COUNTY; AMENDING SECTION 41-1041, IDAHO CODE, TO
29 DELETE REFERENCE TO EXAMINATIONS BEING AVAILABLE AT BOISE; AMENDING SEC-
30 TION 41-1046, IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE
31 DEPARTMENT OF INSURANCE HAVING AN OFFICE IN BOISE AND TO MAKE A TECHNICAL
32 CORRECTION; AMENDING SECTION 42-1733, IDAHO CODE, TO PROVIDE THAT THE
33 PRINCIPAL OFFICE OF THE WATER RESOURCE BOARD SHALL BE IN ADA COUNTY AND TO
34 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 42-2011, IDAHO CODE, TO
35 DELETE REFERENCE TO THE DEPARTMENT OF WATER RESOURCES HAVING AN OFFICE IN
36 THE CAPITOL AT BOISE CITY; AMENDING SECTION 43-401, IDAHO CODE, TO DELETE
37 REFERENCE TO A REPORT OF THE DEPARTMENT OF WATER RESOURCES BEING AVAILABLE
38 AT THEIR OFFICE AT THE STATE CAPITOL AND TO MAKE TECHNICAL CORRECTIONS;
39 AMENDING SECTION 49-202, IDAHO CODE, TO PROVIDE THAT CERTAIN FORMS BE
40 AVAILABLE AT THE IDAHO TRANSPORTATION DEPARTMENT IN ADA COUNTY AND TO MAKE
41 A TECHNICAL CORRECTION; AMENDING SECTION 54-205, IDAHO CODE, TO PROVIDE
42 THAT THE BOARD OF ACCOUNTANCY SHALL HAVE ITS PRINCIPAL OFFICE IN ADA
43 COUNTY; AMENDING SECTION 54-1906, IDAHO CODE, TO PROVIDE THAT THE PRINCI-
44 PAL PLACE OF BUSINESS OF THE PUBLIC WORKS CONTRACTORS BOARD SHALL BE IN
45 ADA COUNTY; AMENDING SECTION 54-1913, IDAHO CODE, TO DELETE REFERENCE TO
46 THE PUBLIC WORKS CONTRACTORS BOARD MAINTAINING AN OFFICE IN BOISE AND TO
2
1 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 58-106, IDAHO CODE, TO PRO-
2 VIDE THAT THE DEPARTMENT OF LANDS SHALL MAINTAIN A CENTRAL OFFICE IN ADA
3 COUNTY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 58-314, IDAHO
4 CODE, TO PROVIDE THAT STATE LAND SALES BE HELD IN ADA COUNTY UNLESS OTHER-
5 WISE DIRECTED BY THE STATE BOARD OF LAND COMMISSIONERS AND TO MAKE A TECH-
6 NICAL CORRECTION; AMENDING SECTION 61-208, IDAHO CODE, TO PROVIDE THAT THE
7 PUBLIC UTILITIES COMMISSION SHALL MAINTAIN ITS OFFICE IN ADA COUNTY;
8 AMENDING SECTION 61-1205, IDAHO CODE, TO PROVIDE THAT THE NORTHWEST POWER
9 PLANNING COUNCIL SHALL HAVE ITS OFFICES IN ADA COUNTY; AMENDING SECTION
10 63-101, IDAHO CODE, TO PROVIDE THAT THE STATE TAX COMMISSION SHALL HAVE AN
11 OFFICE IN ADA COUNTY; AMENDING SECTION 63-2518, IDAHO CODE, TO PROVIDE
12 THAT THE STATE TAX COMMISSION HAS THE AUTHORITY TO CITE ANY PERSON TO
13 APPEAR BEFORE IT IN ITS ADA COUNTY OFFICE; AMENDING SECTION 63-3807, IDAHO
14 CODE, TO PROVIDE THAT THE BOARD OF TAX APPEALS SHALL HAVE ITS PRINCIPAL
15 OFFICE IN ADA COUNTY; AMENDING SECTION 63-3810, IDAHO CODE, TO PROVIDE
16 THAT A REHEARING BY THE TAX APPEALS BOARD WILL BE CONDUCTED IN ADA COUNTY;
17 AMENDING SECTION 67-1502, IDAHO CODE, TO PROVIDE THAT THE OFFICE OF THE
18 SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL BE IN ADA COUNTY; AMENDING SEC-
19 TION 67-1703, IDAHO CODE, TO PROVIDE THAT THE COMMISSIONERS ON UNIFORM
20 STATE LAWS SHALL MEET IN ADA COUNTY; AMENDING SECTION 67-2502, IDAHO CODE,
21 TO PROVIDE THAT EACH DEPARTMENT SHALL MAINTAIN A CENTRAL OFFICE IN ADA
22 COUNTY AND MAY MAINTAIN OFFICES AT OTHER PLACES AND TO MAKE A TECHNICAL
23 CORRECTION; AMENDING SECTION 67-5718, IDAHO CODE, TO DELETE REFERENCE TO
24 BOISE FOR THE LOCATION OF THE DIVISION OF PURCHASING AND TO MAKE A TECHNI-
25 CAL CORRECTION; AMENDING SECTION 67-5906, IDAHO CODE, TO PROVIDE THAT THE
26 HUMAN RIGHTS COMMISSION SHALL MAINTAIN AN OFFICE IN ADA COUNTY AND TO MAKE
27 TECHNICAL CORRECTIONS; AND AMENDING SECTION 72-509, IDAHO CODE, TO PROVIDE
28 THAT THE PRINCIPAL OFFICE OF THE INDUSTRIAL COMMISSION SHALL BE IN ADA
29 COUNTY.
30 Be It Enacted by the Legislature of the State of Idaho:
31 SECTION 1. That Section 22-1203, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 22-1203. EXECUTIVE OFFICE. The executive office of said commission is
34 hereby established at Boise, Idaho in Ada county.
35 SECTION 2. That Section 22-2540, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 22-2540. REVIEW OF ACTION OF DIRECTOR. Any individual who has exhausted
38 all administrative remedies available within the department and who is
39 aggrieved by a final decision in a contested case is entitled to judicial
40 review in accordance with chapter 52, title 67, Idaho Code. The review may be
41 obtained by filing in the district court within thirty (30) days following the
42 action of the director a written petition praying that such action be set
43 aside. A copy of such petition shall forthwith be delivered to the director
44 and within thirty (30) days thereafter, the director shall certify and file in
45 the district court of the area affected a transcript of any record pertaining
46 thereto, including a transcript of evidence received at any hearing of refer-
47 endum. The district court shall give notice by United States mail, to the
48 director, at Boise, Idaho, and to the petitioner or petitioners of the time
49 and place at which the court will hear such petition, at which time any inter-
50 ested party may be heard. Upon completion of the hearing, the court shall
3
1 affirm, set aside or modify the action of the director, except that the find-
2 ing of the director as to the facts, if supported by substantial evidence,
3 shall be conclusive.
4 SECTION 3. That Section 22-2913, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 22-2913. EXECUTIVE OFFICE. The executive office of the commission is
7 hereby established at Boise, Idaho in Ada county.
8 SECTION 4. That Section 22-3424, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 22-3424. REVIEW OF ACTION OF DIRECTOR. Any person who has exhausted all
11 administrative remedies available within the department and who is aggrieved
12 by a final decision in a contested case is entitled to judicial review in
13 accordance with the provisions of the administrative procedure act, chapter
14 52, title 67, Idaho Code. The review may be obtained by filing in the district
15 court within thirty (30) days' notice of the action of the director, a written
16 petition praying that such action be set aside. A copy of such petition shall
17 forthwith be delivered to the director, and within thirty (30) days thereafter
18 the director shall certify and file in the district court of the area affected
19 a transcript of any record pertaining thereto, including a transcript of evi-
20 dence received at any hearing of referendum. The district court shall give
21 notice, by United States mail, to the director of the department of agricul-
22 ture, at Boise, Idaho, and to the petitioner or petitioners, of the time and
23 place at which the court will hear such petition, at which time any interested
24 party may be heard. Upon completion of the hearing the court shall affirm, set
25 aside or modify the action of the director, except that the findings of the
26 director as to the facts, if supported by substantial evidence, shall be con-
27 clusive.
28 SECTION 5. That Section 22-4103, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 22-4103. AGRICULTURAL LABOR BOARD AND FUND CREATED. (1) There is hereby
31 created and maintained in the department of employment pursuant to section 20,
32 article IV, of the constitution of the state of Idaho a board to be known as
33 the Idaho agricultural labor board, herein called the "board," which shall be
34 composed of five (5) members, appointed by the governor and subject to confir-
35 mation by the senate. Two (2) of the members shall be appointed from a list of
36 names submitted by labor organizations. Two (2) shall be appointed from a list
37 of names submitted by agricultural producer groups. One (1) member shall be a
38 representative of the public and shall be selected from a mutually agreed upon
39 list of not less than three (3) persons submitted to the governor by the four
40 (4) other members of the board. The public representative of the board will
41 act as its chairman. The initial terms of office of the members of the board
42 shall be two (2) years for one (1) of the labor representatives and one (1) of
43 the management representatives, and four (4) years for the other labor repre-
44 sentative and the other management representative and three (3) years for the
45 chairman. Thereafter all terms shall be for a period of four (4) years. Each
46 member of the board shall be eligible for reappointment and shall hold office
47 until his successor is appointed and qualified. In the event of vacancy, the
48 governor shall, within one (1) month, appoint a successor to fill the unex-
49 pired term of his predecessor. All appointments to the board shall be made in
4
1 conformity with the foregoing plan.
2 (2) A vacancy on the board shall not impair the right of the remaining
3 members to exercise all the powers of the board, and three (3) members of the
4 board shall constitute a quorum. The board may adopt an official seal and pre-
5 scribe the purposes for which it shall be used.
6 (3) The board shall, at the end of every year, make a report in writing
7 to the governor, stating the work it has done in hearing and deciding cases
8 and otherwise, and it shall sign and report in full an opinion in every case
9 decided by it.
10 (4) Each member of the board shall be compensated as provided by section
11 59-509(f), Idaho Code.
12 (5) The board may employ clerical and other employees as necessary, or
13 may authorize, by written agreement, the director of the department of employ-
14 ment to provide such clerical or other services as the board deems necessary.
15 (6) The principal office of the board shall be in Boise Ada county, but
16 it may meet and exercise any or all of its powers at any other place within
17 the state. The board may, by one (1) or more of its members or by such board
18 agents as it may designate, conduct in any part of this state any proceeding,
19 hearing, investigation, inquiry or election necessary to the performance of
20 its functions. A member who participates in any such proceeding shall not be
21 disqualified from subsequently participating in a decision of the board in the
22 same case.
23 (7) The board shall have the authority from time to time to make, amend,
24 and rescind such rules and regulations as may be necessary to carry out the
25 provisions of this act. Rules and regulations under this act shall be promul-
26 gated and governed according to the provisions of chapter 52, title 67, Idaho
27 Code.
28 SECTION 6. That Section 23-202, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 23-202. PRINCIPAL PLACE OF BUSINESS. The principal place of business of
31 the dispensary shall be at Boise City, Idaho in Ada county.
32 SECTION 7. That Section 25-2510, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 25-2510. REFERENDUM FOR HORSE OWNERS. (1) Within three (3) years from
35 July 1, 2000, a referendum shall be held to determine if horse owners favor an
36 increase from one dollar ($1.00) to three dollars ($3.00) in the mandatory
37 assessment prescribed in section 25-2505, Idaho Code. The question shall be
38 submitted to all horse owners who had a brand inspection the year prior to the
39 referendum. Horse owners who have been issued a lifetime brand inspection
40 after July 1, 2000, are also eligible to participate in the referendum and may
41 do so by requesting a ballot from the Idaho horse board. Voting shall be by
42 secret ballots upon which the words "Do you favor the increase from one dollar
43 ($1.00) to three dollars ($3.00) in the mandatory assessment to fund the Idaho
44 Horse Board?" are printed with a square before each of the printed words "YES"
45 and "NO" with directions to insert an "X" mark in the square before the propo-
46 sition which the voter favors. If a majority of the referendum vote is in
47 favor of the mandatory assessment of three dollars ($3.00), the provisions of
48 section 25-2505, Idaho Code, shall be extended indefinitely or until such time
49 that the horse board deems it necessary to hold another referendum on the
50 issue. If a majority of the referendum vote is against the three dollar
51 ($3.00) assessment provided in section 25-2505, Idaho Code, the assessment
5
1 shall revert to one dollar ($1.00) on the date the director of the department
2 of agriculture announces the results of the referendum.
3 (2) After five (5) years from the effective date of the referendum
4 required in subsection (1) of this section, and every five (5) years thereaf-
5 ter, a referendum on the continuation of the mandatory assessment to fund the
6 Idaho horse board may be held at the petition of horse owners, or at the
7 request of the Idaho horse board. The question shall be submitted to all horse
8 owners who paid an assessment the year before the referendum and by owners who
9 hold a lifetime brand inspection issued since July 1, 1993. The question shall
10 be submitted by secret ballots upon which the words, "Do you favor the contin-
11 uation of a mandatory assessment to fund the Idaho Horse Board?" are printed
12 with a square before each of the printed words "YES" and "NO" with directions
13 to insert an "X" mark in the square before the question which the voter
14 favors. If a majority of the referendum vote is in favor of continuing the
15 mandatory assessment, all of the provisions of chapter 25, title 25, Idaho
16 Code, shall continue. If a majority of the referendum vote is against continu-
17 ing the mandatory assessment, the assessment imposed in section 25-2505, Idaho
18 Code, shall cease to be mandatory on the date the director of the department
19 of agriculture announces the results of the referendum vote. The procedures
20 necessary to initiate a referendum under this subsection are as follows:
21 (a) A referendum shall be held if the Idaho department of agriculture
22 receives a petition requesting such a referendum signed by ten percent
23 (10%) or more of horse owners who have had a brand inspection, in either
24 of the two (2) immediate past years; or
25 (b) A referendum shall be held if the Idaho department of agriculture
26 receives a written request for such referendum from the Idaho horse board.
27 (3) Any referendum held pursuant to subsections (1) and (2) of this sec-
28 tion shall be conducted as follows:
29 (a) Any referendum must be supervised by the Idaho department of agricul-
30 ture.
31 (b) Any referendum shall be held, and the result determined and declared
32 by the director of the department of agriculture, and recorded in the
33 office of the secretary of state.
34 (c) Notice of any referendum must be given by the Idaho horse board in a
35 manner determined by it. The ballots must be prepared by the Idaho horse
36 board and forwarded to eligible owners. Returned ballots shall be deliv-
37 ered to the Idaho department of agriculture, main office, Boise, Idaho.
38 (d) The Idaho horse board shall pay the costs of any referendum.
39 SECTION 8. That Section 33-102, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 33-102. MEMBERSHIP -- APPOINTMENT -- TERM OF OFFICE -- QUALIFICATIONS --
42 PLACE OF OFFICE. The state board of education shall consist of the state
43 superintendent of public instruction, who shall be an ex officio voting member
44 and who shall serve as executive secretary of the board for all elementary and
45 secondary school matters, and seven (7) members appointed by the governor,
46 each for a term of five (5) years. Annually on the first day of March the gov-
47 ernor shall appoint members to fill the board positions for which the terms of
48 office have expired. The governor shall, by appointment, fill any vacancy on
49 the board, such appointment to be for the unexpired term of the retiring mem-
50 ber. Appointment to the board shall be made solely upon consideration of the
51 ability of such appointees efficiently to serve the interests of the people,
52 and education, without reference to locality, occupation, party affiliation or
53 religion. Any person appointed to said board shall have been a resident of the
6
1 state for not less than three (3) years prior to the date of appointment; and
2 shall qualify and assume the duties in accordance with laws governing similar
3 appointments to, and qualifications for, office on other state boards. All
4 appointments of members to the state board of education made after the effec-
5 tive date of this act must be confirmed by the senate.
6 Members of the state board of education holding office on the effective
7 date of this act shall continue in office for the balance of the term to which
8 they were appointed.
9 The state board shall have and maintain its office at the state capitol in
10 Ada county.
11 SECTION 9. That Section 33-118A, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 33-118A. CURRICULAR MATERIALS -- ADOPTION PROCEDURES. All curricular
14 materials adoption committees appointed by the state board of education shall
15 contain at least two (2) persons who are not public educators or school
16 trustees. All meetings of curricular materials adoption committees shall be
17 open to the public. Any member of the public may attend such meetings and file
18 written or make oral objections to any curricular materials under consider-
19 ation. A complete and cataloged library of all curricular materials adopted
20 and used in Idaho public schools is to be maintained at the state department
21 of education in Boise at all times and open to the public.
22 "Curricular materials" is defined as textbook and instructional media
23 including software, audio/visual media and internet resources.
24 SECTION 10. That Section 36-101, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 36-101. FISH AND GAME DEPARTMENT. A department of fish and game is hereby
27 established. Said department shall, for the purposes of section 20, article IV
28 of the constitution of the state of Idaho, be an executive department of the
29 state government. The department shall have its principal office in the city
30 of Boise, state of Idaho Ada county.
31 SECTION 11. That Section 36-102, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 36-102. IDAHO FISH AND GAME COMMISSION. (a) Creation. There is hereby
34 created the Idaho fish and game commission. The department of fish and game of
35 the state of Idaho is hereby placed under the supervision, management and con-
36 trol of said Idaho fish and game commission, hereinafter referred to as the
37 commission or as said commission.
38 (b) Membership -- Appointment -- Qualifications. The commission shall
39 consist of seven (7) members, to be appointed by the governor of the state of
40 Idaho, who shall hold office during the pleasure of the governor and who
41 shall be subject to removal by him. The selection and appointment of said mem-
42 bers shall be made solely upon consideration of the welfare and best interests
43 of fish and game in the state of Idaho, and no person shall be appointed a
44 member of said commission unless he shall be well informed upon, and inter-
45 ested in, the subject of wildlife conservation and restoration. No member
46 shall hold any other elective or appointive office, state, county or munici-
47 pal, or any office in any political party organization. Not more than four (4)
48 of the members of said commission shall at any time belong to the same politi-
49 cal party. Each of the members of said commission shall be a citizen of the
7
1 United States, and of the state of Idaho, and a bona fide resident of the
2 region from which he is appointed as hereinafter set forth. Said members so
3 appointed shall act and assume full powers and duties upon appointment, as
4 herein provided, but such appointments shall be subject to confirmation by the
5 senate at its next session.
6 (c) Creation of Regions. For the purpose of this act, the state of Idaho
7 is divided into seven (7) regions, which shall be named:
8 (1) Panhandle region to consist of the counties of Boundary, Bonner,
9 Kootenai, Shoshone and Benewah;
10 (2) Clearwater region to consist of the counties of Latah, Clearwater,
11 Nez Perce, Lewis and Idaho;
12 (3) Southwestern region to consist of the counties of Adams, Valley,
13 Washington, Payette, Gem, Boise, Canyon, Ada, Elmore and Owyhee;
14 (4) Magic Valley region to consist of the counties of Camas, Blaine,
15 Gooding, Lincoln, Minidoka, Jerome, Twin Falls and Cassia;
16 (5) Southeastern region to consist of the counties of Bingham, Power,
17 Bannock, Caribou, Oneida, Franklin and Bear Lake;
18 (6) Upper Snake River region to consist of the counties of Clark, Fre-
19 mont, Butte, Jefferson, Madison, Teton and Bonneville;
20 (7) Salmon region to consist of the counties of Lemhi and Custer.
21 Each of the above enumerated regions shall, at all times, be represented
22 by one (1) member of the commission, appointed from said region by the gover-
23 nor.
24 (d) Terms of Office.
25 (1) Except as provided in paragraph (2) of this subsection, the members
26 of said commission shall be appointed for a term of four (4) years; pro-
27 vided, that in the case of the death of any commissioner, or his removal
28 from office as hereinbefore provided, the governor shall appoint a succes-
29 sor from the same region for the unexpired term. Beginning in 1999 and
30 thereafter, the term of each member shall expire on June 30. The term of
31 any member which would otherwise expire prior to June 30 shall be extended
32 to June 30. No member shall serve more than two (2) terms, except that a
33 member appointed to fill an unexpired term may be appointed to two (2)
34 additional, full terms. Members serving on the effective date of this act
35 shall be eligible to complete the term they are then serving, and shall
36 thereafter be governed by the provisions of this subsection limiting the
37 length of any additional terms to four (4) years and the number of terms
38 to two (2).
39 (2) In appointing successors for the members whose terms expire in 1999,
40 the governor shall designate two (2) members to be appointed for a term of
41 three (3) years and two (2) members to be appointed for a term of four (4)
42 years. Successors to the members appointed for a term of three (3) years
43 shall be appointed for a term of four (4) years thereafter.
44 (e) Oath of Office -- Bond. Each commissioner shall, before entering upon
45 his official duties, take and subscribe to the official oath, in writing, as
46 provided by section 59-401, Idaho Code, to which said official oath there
47 shall be added a declaration as to the name of the political party to which
48 such commissioner belongs, and said commissioner shall be bonded to the state
49 of Idaho in the time, form, and manner prescribed by chapter 8, title 59,
50 Idaho Code.
51 (f) Compensation and Reimbursement for Expenses. Each member of the com-
52 mission shall be compensated as provided by section 59-509(h), Idaho Code. All
53 such compensation and expenses shall be paid from the fish and game account.
54 (g) Quorum. A majority of the commissioners shall constitute a quorum for
55 the transaction of any business, for the performance of any duty, or for the
8
1 exercise of any power.
2 (h) Office and Supplies. The commission shall have its principal office
3 in the city of Boise Ada county and is authorized to purchase supplies, equip-
4 ment, printed forms, and notices, and to issue such publications as may be
5 necessary.
6 SECTION 12. That Section 36-104, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 36-104. GENERAL POWERS AND DUTIES OF COMMISSION. (a) Organization --
9 Meetings. The members of the commission shall annually meet at their offices
10 in the city of Boise and organize by electing from their membership a chair-
11 man, who shall hold office for a period of one (1) year, or until his succes-
12 sor has been duly elected. In addition to the regular annual meeting, to be
13 held in January, said commission shall hold other regular quarterly meetings
14 in April, July and October of each year at such places within the state as the
15 commission shall select for the transaction of business. Special meetings may
16 be called at any time and place by the chairman or a majority of the members
17 of the commission. Notice of the time, place and purpose of any and all spe-
18 cial meetings shall be given by the secretary to each member of the commission
19 prior to said meeting.
20 (b) Authorization for Commission Powers and Duties. For the purpose of
21 administering the policy as declared in section 36-103, Idaho Code, the com-
22 mission is hereby authorized and empowered to:
23 1. Investigate and find facts regarding the status of the state's wild-
24 life populations in order to give effect to the policy of the state here-
25 inbefore announced.
26 2. Hold hearings for the purpose of hearing testimony, considering evi-
27 dence and determining the facts as to when the supply of any of the wild-
28 life in this state will be injuriously affected by the taking thereof, or
29 for the purpose of determining when an open season may be declared for the
30 taking of wildlife. Whenever said commission determines that the supply of
31 any particular species of wildlife is being, or will be, during any par-
32 ticular period of time, injuriously affected by depletion by permitting
33 the same to be taken, or if it should find a longer or different season,
34 or different bag limit should be adopted for the better protection
35 thereof, or if it finds that an open season may be declared without endan-
36 gering the supply thereof, then it shall make a rule or proclamation
37 embodying its findings in respect to when, under what circumstances, in
38 which localities, by what means, what sex, and in what amounts and numbers
39 the wildlife of this state may be taken.
40 3. Whenever it finds it necessary for the preservation, protection, or
41 management of any wildlife of this state, by reason of any act of God or
42 any other sudden or unexpected emergency, declare by temporary rule or
43 proclamation the existence of such necessity, and the cause thereof, and
44 prescribe and designate all affected areas or streams, and close the same
45 to hunting, angling or trapping, or impose such restrictions and condi-
46 tions upon hunting, angling or trapping as said commission shall find to
47 be necessary. Every such temporary rule shall be made in accordance with
48 the provisions of chapter 52, title 67, Idaho Code.
49 4. At any time it shall deem necessary for the proper management of wild-
50 life on any game preserve in the state of Idaho, declare an open season in
51 any game preserve as it deems appropriate.
52 5. (A) Upon notice to the public, hold a public drawing giving to
53 license holders, under the wildlife laws of this state, the privilege
9
1 of drawing by lot for a controlled hunt permit authorizing the person
2 to whom issued to hunt, kill, or attempt to kill any species of wild
3 animals or birds designated by the commission under such rules as it
4 shall prescribe.
5 (B) The commission may, under rules or proclamations as it may pre-
6 scribe, authorize the director to issue additional controlled hunt
7 permits and collect fees therefor authorizing landowners of property
8 valuable for habitat or propagation purposes of deer, elk or ante-
9 lope, or the landowner's designated agent(s) to hunt deer, elk or
10 antelope in controlled hunts containing the eligible property owned
11 by those landowners in units where any permits for deer, elk or ante-
12 lope are limited.
13 (C) A nonrefundable fee as specified in section 36-416, Idaho Code,
14 shall be charged each applicant for a controlled hunt permit. Suc-
15 cessful applicants for controlled hunt permits shall be charged the
16 fee as specified in section 36-416, Idaho Code. Additionally, a fee
17 may be charged for telephone and credit card orders in accordance
18 with subsection (e)11. of section 36-106, Idaho Code. The department
19 shall include a checkoff form to allow applicants to designate one
20 dollar ($1.00) of such nonrefundable application fee for transmittal
21 to the reward fund of citizens against poaching, inc., an Idaho non-
22 profit corporation. The net proceeds from the nonrefundable fee shall
23 be deposited in the fish and game account and none of the net pro-
24 ceeds shall be used to purchase lands.
25 6. Adopt rules pertaining to the importation, exportation, release, sale,
26 possession or transportation into, within or from the state of Idaho of
27 any species of live, native or exotic wildlife or any eggs thereof.
28 7. Acquire for and on behalf of the state of Idaho, by purchase, condem-
29 nation, lease, agreement, gift, or other device, lands or waters suitable
30 for the purposes hereinafter enumerated in this paragraph. Whenever the
31 commission proposes to purchase a tract of land in excess of fifteen (15)
32 acres, the commission shall notify the board of county commissioners of
33 the county where this land is located of the intended action. The board of
34 county commissioners shall have ten (10) days after official notification
35 to notify the commission whether or not they desire the commission to hold
36 a public hearing on the intended purchase in the county. The commission
37 shall give serious consideration to all public input received at the pub-
38 lic hearing before making a final decision on the proposed acquisition.
39 Following any land purchase, the fish and game commission shall provide,
40 upon request by the board of county commissioners, within one hundred
41 twenty (120) days, a management plan for the area purchased that would
42 address noxious weed control, fencing, water management and other impor-
43 tant issues raised during the public hearing. When considering purchasing
44 lands pursuant to this paragraph, the commission shall first make a good
45 faith attempt to obtain a conservation easement, as provided in chapter
46 21, title 55, Idaho Code, before it may begin proceedings to purchase,
47 condemn or otherwise acquire such lands. If the attempt to acquire a con-
48 servation easement is unsuccessful and the commission then purchases,
49 condemns or otherwise acquires the lands, the commission shall record in
50 writing the reasons why the attempt at acquiring the conservation easement
51 was unsuccessful and then file the same in its records and in a report to
52 the joint finance-appropriations committee. The commission shall develop,
53 operate, and maintain the lands, waters or conservation easements for said
54 purposes, which are hereby declared a public use:
55 (A) For fish hatcheries, nursery ponds, or game animal or game bird
10
1 farms;
2 (B) For game, bird, fish or fur-bearing animal restoration, propaga-
3 tion or protection;
4 (C) For public hunting, fishing or trapping areas to provide places
5 where the public may fish, hunt, or trap in accordance with the pro-
6 visions of law, or the regulation of the commission;
7 (D) To extend and consolidate by exchange, lands or waters suitable
8 for the above purposes.
9 8. Enter into cooperative agreements with educational institutions, and
10 state, federal, or other agencies to promote wildlife research and to
11 train students for wildlife management.
12 9. Enter into cooperative agreements with state and federal agencies,
13 municipalities, corporations, organized groups of landowners, associa-
14 tions, and individuals for the development of wildlife rearing, propagat-
15 ing, management, protection and demonstration projects.
16 10. In the event owners or lawful possessors of land have restricted the
17 operation of motor-propelled vehicles upon their land, the commission,
18 upon consultation with all other potentially affected landowners, and hav-
19 ing held a public hearing, if requested by not less than ten (10) resi-
20 dents of any county in which the land is located, may enter into coopera-
21 tive agreements with those owners or possessors to enforce those restric-
22 tions when the restrictions protect wildlife or wildlife habitat. Pro-
23 vided, however, the commission shall not enter into such agreements for
24 lands which either lie outside or are not adjacent to any adjoining the
25 proclaimed boundaries of the national forests in Idaho.
26 (A) The landowners, with the assistance of the department, shall
27 cause notice of the restrictions, including the effective date
28 thereof, to be posted on the main traveled roads entering the areas
29 to which the restrictions apply. Provided, however, that nothing in
30 this subsection shall allow the unlawful posting of signs or other
31 information on or adjacent to public highways as defined in subsec-
32 tion (5) of section 40-109, Idaho Code.
33 (B) Nothing in this section authorizes the establishment of any
34 restrictions that impede normal forest or range management opera-
35 tions.
36 (C) No person shall violate such restrictions on the use of motor-
37 propelled vehicles or tear down or lay down any fencing or gates
38 enclosing such a restricted area or remove, mutilate, damage or
39 destroy any notices, signs or markers giving notice of such restric-
40 tions. The commission may promulgate rules to administer the restric-
41 tions and cooperative agreements addressed in this subsection.
42 11. Capture, propagate, transport, buy, sell or exchange any species of
43 wildlife needed for propagation or stocking purposes, or to exercise con-
44 trol of undesirable species.
45 12. Adopt rules pertaining to the application for, issuance of and admin-
46 istration of a lifetime license certificate system.
47 13. Adopt rules governing the application and issuance of permits for and
48 administration of fishing contests on waters under the jurisdiction of the
49 state. The fee for each permit shall be as provided for in section 36-416,
50 Idaho Code.
51 14. Adopt rules governing the application for and issuance of licenses by
52 telephone and other electronic methods.
53 (c) Limitation on Powers. Nothing in this title shall be construed to
54 authorize the commission to change any penalty prescribed by law for a viola-
55 tion of its provisions, or to change the amount of license fees or the author-
11
1 ity conferred by licenses prescribed by law.
2 (d) Organization of Work. The commission shall organize the department,
3 in accordance with the provisions of title 67, Idaho Code, into administrative
4 units as may be necessary to efficiently administer said department. All
5 employees of the department except the director shall be selected and
6 appointed by the director in conformance with the provisions of chapter 53,
7 title 67, Idaho Code.
8 SECTION 13. That Section 40-307, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 40-307. OFFICE OF BOARD -- ORGANIZATION MEETINGS -- OFFICERS. The perma-
11 nent offices of the board shall be maintained at Boise City, Idaho in Ada
12 county, in suitable offices and quarters, with equipment, records and supplies
13 as may be deemed necessary to carry out the provisions of this title. The mem-
14 bers of the board shall select a vice chairman at the February meeting of each
15 year, and the board shall adopt a seal having upon it the words, "Idaho Trans-
16 portation Board--State of Idaho." The secretary of the board shall have care
17 and custody of the seal. The board shall appoint a secretary and fix his com-
18 pensation. The secretary shall hold office subject to the pleasure of the
19 board, and carry out administrative duties as delegated to him. For the admin-
20 istration of their functions the board may employ other employees and person-
21 nel as may be deemed necessary, prescribe their duties, and fix their compen-
22 sation.
23 SECTION 14. That Section 40-2402, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 40-2402. COUNCIL ORGANIZATION -- PERSONNEL. (1) The offices of the coun-
26 cil shall be maintained at Boise, Idaho in Ada county, and the members shall
27 meet and organize as soon as all appointments have been made, or as provided
28 in section 40-2401, Idaho Code. At the initial meeting, and each year there-
29 after, the members shall, by a majority vote of the total membership, elect a
30 chairman and a vice chairman.
31 (2) The council shall meet quarterly for regular business sessions, and
32 at such other times at the call of the chairman, or at the request of any
33 three (3) members.
34 (3) The council may appoint a local highway administrator and fix his
35 compensation, and the administrator shall hold office at the pleasure of the
36 council. The administrator shall serve as secretary and executive officer of
37 the council and carry out such duties as are delegated by the council. The
38 council may employ other personnel, prescribe duties, and fix compensation.
39 SECTION 15. That Section 41-1041, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 41-1041. CONDUCT OF EXAMINATION. (1) The director shall make any examina-
42 tion required under section 41-1038, Idaho Code, available to applicants from
43 time to time with reasonable frequency, and at places in this state reasonably
44 accessible to such applicants. The director shall make each such examination
45 available at Boise on at least one (1) day of each week.
46 (2) The director may permit the applicant to take, on the same day and at
47 the same place, all examinations required for the license or licenses for
48 which his application has theretofore been completed and is then pending, and
49 for which the examinations fees have been paid. This provision shall not apply
12
1 as to examination for license as to variable annuity contracts.
2 (3) The director shall give, conduct and grade all examinations in a fair
3 and impartial manner, and without unfair discrimination as between individuals
4 examined.
5 SECTION 16. That Section 41-1046, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 41-1046. CONTINUATION, EXPIRATION OF LICENSE. (1) All agent, broker, con-
8 sultant, limited agent, adjuster, and surplus line broker licenses issued
9 under this code shall continue in force until expired, suspended, revoked or
10 otherwise terminated, but subject to payment of the applicable continuation
11 fee to the director at his office in Boise no less often than biennially on or
12 before the expiration date referred to in subsection (2) of this section,
13 accompanied by written request for such continuation and a continuing educa-
14 tion statement verifying that the licensee has completed any continuing educa-
15 tion requirements imposed by the director of insurance. An application for
16 renewal is not complete and sufficient unless it is submitted with both the
17 applicable fee and the completed continuing education statement. The continua-
18 tion fees as stated in section 41-401, Idaho Code (fee schedule), are for a
19 one (1) year continuation; and licenses continued for two (2) years shall be
20 subject to payment of a two (2) year continuation fee. Request for continua-
21 tion shall be made in writing on forms to be supplied by the director.
22 (2) The director may, in his discretion, fix the dates of expiration of
23 respective licenses and appointments in such manner as is deemed by him to be
24 advisable for an efficient distribution of the work load of his office. If as
25 to a particular license or appointment the expiration date so fixed would upon
26 first occurrence shorten the period for which license or appointment continua-
27 tion fee has theretofore been paid, no refund of unearned fee shall be made;
28 and if the expiration date so fixed as to a particular license or appointment
29 would upon first occurrence lengthen the period for which license or appoint-
30 ment continuation fee had theretofore been paid, the director shall charge no
31 additional fee for such lengthened period. If another date is not so fixed by
32 the director, each such license shall, unless continued as hereinabove pro-
33 vided, expire at midnight on March 31.
34 (3) Any license referred to in subsection (1) of this section as to which
35 request for continuation, fee and completed continuing education statement is
36 not so received by the director shall be deemed to have expired at midnight on
37 the applicable expiration date. Request for continuation of any such license
38 or payment of the continuation fee therefor which is received by the director
39 within thirty (30) days after such expiration date may be accepted and effec-
40 tuated by the director, in his discretion, if accompanied by a continuation
41 fee of two (2) times the amount otherwise required.
42 (4) As a condition to or in connection with the continuation of any agent
43 or broker license the director may require the licensee to file with him
44 information relative to use made of the license during the next preceding two
45 (2) calendar years, and especially showing whether the license has been used
46 principally for the writing of controlled business, as defined in section
47 41-1033, Idaho Code.
48 (5) All sums tendered as fee for continuation of license as agent, bro-
49 ker, consultant, limited agent, adjuster and surplus line broker shall be
50 deemed earned when paid and shall not be subject to refund; except that the
51 director shall refund any duplicate payment of any such fee.
52 (6) (a) For the protection of the people of this state the director
53 shall, by rule, establish additional educational requirements designed to
13
1 maintain and improve the insurance skills and knowledge of agents, brokers
2 and consultants after being duly licensed by the department of insurance.
3 The director shall also, by rule, establish an advisory committee, includ-
4 ing limits on the term of service for members of the committee, comprised
5 of representatives from each segment of the insurance industry, to assist
6 the director in prescribing additional educational requirements and ful-
7 filling the purposes of this legislation.
8 (b) Subject to subsection (3) above of this section, the director shall
9 not permit to be continued the license of any agent, broker or consultant
10 who is licensed pursuant to section 41-1030, Idaho Code, and who is a res-
11 ident of this state, unless such person has demonstrated to the satisfac-
12 tion of the director that in addition to meeting the standards contained
13 in section 41-1034, Idaho Code (qualifications for agents or brokers), or
14 section 41-1035, Idaho Code (qualifications for consultants), as may be
15 applicable, all the additional educational requirements as the director
16 may prescribe by rule adopted pursuant to this subsection have been met.
17 The provisions of this paragraph shall not apply to employees or owners of
18 travel agencies if the employee's or owner's license allows the sale of
19 travel or trip insurance to customers booking travel plans with the travel
20 agency, or to a limited agent who is licensed pursuant to section 41-1045,
21 Idaho Code, or to persons regulated or licensed by the department of
22 finance pursuant to chapter 46, title 28, Idaho Code, national or state
23 chartered banks, federal or state chartered savings and loan associations,
24 or federal or state chartered credit unions dealing with insurance
25 licensed pursuant to section 41-1045, Idaho Code (limited agent's
26 license).
27 SECTION 17. That Section 42-1733, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 42-1733. ORGANIZATION. The business of the board shall be conducted as
30 follows:
31 (a) The first meeting of the board shall be held in the city of Boise
32 within thirty (30) days following its appointment and thereafter the board
33 shall hold no less than four (4) regular meetings annually on dates and at
34 places set by the board. The board shall maintain its principal office in the
35 city of Boise Ada county. Special meetings of the board may be held by call of
36 the chairman, four (4) of the members of the board, or the governor. A major-
37 ity of board members at any meeting shall constitute a quorum for the trans-
38 action of any business. No notice shall be required for regular, special or
39 adjourned meetings, providing the time and place of the meeting is fixed at a
40 meeting at which all of the board members are in attendance. Otherwise, five
41 (5) days written or telegraphic notice setting out the time, place and purpose
42 of the meeting shall be required. Any meeting of the board at which all of the
43 members are present shall be as valid as if held pursuant to notice. Members
44 may waive notice in writing either before or at the time of the meeting.
45 (b) All meetings at which official action is taken by the board shall be
46 open to the public; the board may hold executive sessions at which no official
47 action is taken.
48 (c) At its first meeting the board shall elect one (1) of its members
49 chairman and one (1) of its members vice chairman. Such officers shall hold
50 their respective offices for a period of two (2) years and until their succes-
51 sors are elected and qualified. Should a vacancy occur in either office, the
52 board shall elect a member to fill such vacancy for the remainder of the term.
53 (d) The chairman shall preside at all meetings of the board, perform the
14
1 normal duties of that office and such other duties as may be required of him
2 by the board.
3 (e) The vice chairman shall possess all of the powers and perform all of
4 the duties of the chairman in the event of the death, absence, disability or
5 refusal to act on the part of the chairman, and such authority shall extend
6 until a new chairman has been elected and qualified. He shall also perform
7 such other duties as may be required of him by the board.
8 (f) The board shall select a secretary who may be a member of the board.
9 The secretary shall be responsible for full and accurate minutes of all meet-
10 ings of the board, a record of its proceedings, and every ruling, order and
11 decision made by it. He shall also perform such other duties as may be
12 required of him.
13 (g) The board shall adopt a seal having upon it the words, "Idaho water
14 resource board," which shall be placed in the care and custody of the direc-
15 tor.
16 (h) Each member of the board shall, before entering upon the discharge of
17 his official duties, file with the secretary of state the statutory oath of
18 office to which, and as a part thereof, shall be added a declaration of the
19 political party to which said board member belongs.
20 SECTION 18. That Section 42-2011, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 42-2011. FORFEITURE OF CONTRACT FOR CONTRACTOR'S DEFAULT -- SALE OF PROJ-
23 ECT. Upon the failure of any parties having contracts with the state for the
24 reclamation of lands segregated under the Carey Act to commence the construc-
25 tion of such ditches, canals or other irrigation works within the time speci-
26 fied by the contract or to perform all of the requirements of said contract
27 within the time specified in said contract with the state to the satisfaction
28 of the director of the department of water resources, it shall be the duty of
29 the director to give such parties written notice of such failure, and if,
30 after a period of sixty (60) days from the sending of such notice, they shall
31 have failed to proceed with the work or to conform to the provisions of their
32 contract with the state, the bond and contract of such parties and all works
33 constructed thereunder shall be at once and thereby forfeited to the state.
34 It shall be the duty of the director at once so to declare and give notice
35 once each week for a period of four (4) weeks in some newspaper of general
36 circulation in the county in which the work is situated and in one (1) news-
37 paper at the state capital in like manner and for a like period of the for-
38 feiture of said contract, and that upon a fixed day proposals will be received
39 at the office of the department in the capitol at Boise City for the purchase
40 of ditches, canals, other irrigation works, water rights and all other rights,
41 privileges and benefits obtained under the provisions of the said contract and
42 for the performance of the provisions of said contract with the state. The
43 time for receiving said bids shall be at least sixty (60) days subsequent to
44 the issuing of the last notice of forfeiture. Upon the request of any bidder
45 the director shall specify in particular the needful things to be done in
46 order to accomplish the substantial and satisfactory performance of said con-
47 tract, and the director may require good and sufficient bond for such perfor-
48 mance before confirming such sale. The money received by the department from
49 the sale under the provisions of this section shall first be applied to the
50 expenses incurred by the state in the forfeiture and disposal and to satisfy-
51 ing the bond, and the surplus, if any exists, shall be paid into the Carey Act
52 trust fund created under section 42-2018, Idaho Code.
15
1 SECTION 19. That Section 43-401, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 43-401. PLAN OF CONSTRUCTION -- ISSUANCE OF BONDS -- INDEBTEDNESS --
4 ELECTION. As soon as practicable after the organization of any such district
5 the board of directors shall, by a resolution entered on its records, formu-
6 late a general plan of its proposed operations, in which it shall state what
7 constructed works or other property it proposes to purchase and the cost of
8 purchasing the same; and further what construction work it proposes to do and
9 how it proposes to raise the funds for carrying out said plan. For the purpose
10 of ascertaining the cost of any such construction work, said board shall cause
11 such surveys, examinations and plans to be made as shall demonstrate the prac-
12 ticability of such plan, and furnish the proper basis for an estimate of the
13 cost of carrying out the same. All such surveys, examinations, maps, plans and
14 estimates, shall be made under the direction of a competent irrigation engi-
15 neer and certified by him. Said board shall then submit a copy of the same to
16 the department of water resources, and within ninety (90) days thereafter the
17 department shall file a report upon the same with said board, which report
18 shall contain such matters as, in the judgment of the department may be desir-
19 able.
20 Upon receiving said report said board of directors shall proceed to deter-
21 mine the amount of money necessary to be raised, and shall immediately there-
22 after call a special election, at which shall be submitted to the electors of
23 said district possessing the qualifications hereinafter prescribed the ques-
24 tion whether or not the bonds of said district, or the right to enter into an
25 obligation with the United States in the manner hereinafter in this title pro-
26 vided, or whether a contractual arrangement with a money-lending institution
27 in the amount as determined, shall be authorized.
28 Notice of such election must be given by posting notices in three (3) pub-
29 lic places in each election precinct in said district at least four (4) weeks
30 before the date of said election, and the publication thereof for the same
31 length of time in some newspaper published in the district, and in case no
32 paper is published in the district, then in a paper published in each county
33 in which the district or any part thereof is located. Such notice must specify
34 the time of holding the election, the qualifications of voters, the amount of
35 bonds proposed to be issued, and, in case such maps and estimates have been
36 made, it shall further state that copies thereof, and in all cases it shall
37 state that said report of the department of water resources, are on file and
38 open to public inspection by the people of the district, at the office of said
39 board and at the office of the department of water resources. at the state
40 capitol.
41 No person who is not a resident holder of title or evidence of title to
42 lands located and subject to assessment within such district, or the wife or
43 husband of such holder of title or evidence of title, shall be entitled to
44 vote at such election. Otherwise said election must be held and the results
45 thereof determined and declared in all respects as nearly as practicable in
46 conformity with the provisions of this title governing the election of offi-
47 cers: provided, that no informalities in conducting such an election shall
48 invalidate the same if the election shall have been otherwise fairly con-
49 ducted. At such election the ballots shall contain the words "bonds--yes" or
50 "bonds--no," or other words equivalent thereto. If two-thirds (2/3) of the
51 votes cast are "bonds--yes" the board of directors shall cause bonds in said
52 amount to be issued; if more than one-third (1/3) of the votes cast at any
53 bond election are "bonds--no" the result of such election shall be so declared
54 and entered of record.
16
1 And whenever thereafter said board in its judgment deems it for the best
2 interest of the district that the question of the issuance of bonds in said
3 amount, or any other amount, shall be submitted to the electors, it shall so
4 declare of record in its minutes, and may thereupon submit such questions to
5 said electors in the same manner and with like effect as at such previous
6 election.
7 SECTION 20. That Section 49-202, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 49-202. DUTIES OF DEPARTMENT. (1) All registration and driver's license
10 records in the office of the department shall be public records and open to
11 inspection by the public during normal business hours, except for those
12 records declared by law to be for the confidential use of the department, or
13 those records containing personal information subject to restrictions or con-
14 ditions regarding disclosure. If the department has contracted for a service
15 to be provided by another entity, an additional fee shall be charged by that
16 contractor whether the service is rendered during normal business hours, other
17 than normal business hours or on weekends.
18 (2) In addition to other fees required by law to be collected by the
19 department, the department shall collect the following:
20 (a) For certifying a copy of any record pertaining to any vehicle
21 license, any certificate of title, or any driver's license ......... $8.00
22 (b) For issuing every Idaho certificate of title .................. $8.00
23 (c) For furnishing a duplicate copy of any Idaho certificate of title
24 .................................................................... $8.00
25 (d) For issuance or transfer of every certificate of title on a new or
26 used vehicle or other titled vehicle in an expedited manner (rush titles),
27 in addition to any other fee required by this section ............. $15.00
28 (e) For recording a transitional ownership document, in addition to any
29 other fee required by this section ................................ $15.00
30 (f) For furnishing a replacement of any receipt of registration ... $3.00
31 (g) For furnishing copies of registration or ownership of motor vehicles
32 or driver's license records, per vehicle registration, accident report
33 records, title or per driver's license record ...................... $4.00
34 Additional contractor fee, not to exceed ........................... $4.00
35 (h) For services in searching files of vehicle or other registrations,
36 vehicle titles, or driver's licenses per hour ..................... $10.00
37 (i) Placing "stop" cards in vehicle registration or title files, each
38 ................................................................... $12.00
39 (j) For issuance of an assigned or replacement vehicle identification
40 number (VIN) ...................................................... $10.00
41 (k) For a vehicle identification number (VIN) inspection whether con-
42 ducted by a city or county peace officer or any other peace officer or
43 designated agent of the state of Idaho, per inspection ............. $3.00
44 (l) For all replacement registration stickers, each ............... $1.00
45 (m) For issuing letters of temporary vehicle clearance to Idaho based
46 motor carriers .................................................... $10.00
47 (n) For all sample license plates, each .......................... $12.00
48 (o) For filing release of liability statements .................... $2.00
49 (p) For safety and insurance programs for each vehicle operated by a
50 motor carrier ...................................................... $2.00
51 A lesser amount may be set by rule of the board.
52 (3) The fees required in this section shall not apply when the service is
53 furnished to any federal, state, county or city peace officer when such ser-
17
1 vice is required in the performance of their duties as peace officers.
2 (4) The department may enter into agreements with private companies or
3 public entities to provide the services for which a fee is collected in sub-
4 section (2)(g) of this section. Such private contractor shall collect the fee
5 prescribed and remit the fee to the department. The contractor shall also col-
6 lect and retain the additional fee charged for his services.
7 (5) (a) The department shall pay three dollars ($3.00) of the fee col-
8 lected by a county assessor or other agent of the department as provided
9 in subsection (2)(a) through (f) of this section, and four dollars ($4.00)
10 as provided in subsection (2)(g) of this section, to the county assessor
11 or sheriff of the county or agent collecting such fee, which shall be
12 deposited with the county treasurer and credited to the county current
13 expense fund. The remainder of the fees collected as provided in that sub-
14 section shall be paid by the department to the state treasurer and placed
15 in the state highway fund.
16 (b) The fee collected under subsection (2)(k) of this section for a VIN
17 inspection shall be placed in the city general fund if conducted by a city
18 peace officer, in the county current expense fund if conducted by a county
19 peace officer, shall be retained by the special agent authorized to per-
20 form the inspection, or paid to the state treasurer and placed to the
21 credit of the Idaho state police if conducted by the Idaho state police or
22 in the state highway fund if conducted by the department.
23 (c) The fee collected under subsection (2)(p) of this section for motor
24 carriers shall be paid by the department to the state treasurer and placed
25 in the state highway fund. The director and the director of the Idaho
26 state police shall jointly determine the amount to be transferred from the
27 state highway fund to the law enforcement fund for motor carrier safety
28 programs conducted by the Idaho state police pursuant to the provisions of
29 section 67-2901A, Idaho Code.
30 (6) The department as often as practicable may provide to law enforcement
31 agencies the record of suspensions and revocations of driver licenses via the
32 Idaho law enforcement telecommunications system (ILETS).
33 (7) The department shall provide the forms prescribed in chapter 5 of
34 this title, shall receive and file in its office in Boise, Idaho Ada county,
35 all instruments required in chapter 5 of this title to be filed with the
36 department, shall prescribe a uniform method of numbering certificates of
37 title, and maintain in the department indices for such certificates of title.
38 All indices shall be by motor or identification number and alphabetical by
39 name of the owner.
40 (8) The department shall file each registration received under a distinc-
41 tive registration number assigned to the vehicle and to the owner thereof.
42 (9) The department shall not renew a driver's license or identification
43 card when fees required by law have not been paid or where fees for past
44 periods are due, owing and unpaid including insufficient fund checks, until
45 those fees have been paid.
46 (10) The department shall not grant the registration of a vehicle when:
47 (a) The applicant is not entitled to registration under the provisions of
48 this title; or
49 (b) The applicant has neglected or refused to furnish the department with
50 the information required in the appropriate form or reasonable additional
51 information required by the department; or
52 (c) The fees required by law have not been paid, or where fees for past
53 registration periods are due, owing and unpaid including insufficient fund
54 checks.
55 (11) The department or its authorized agents have the authority to request
18
1 any person, to submit to medical, vision, highway, or written examinations, to
2 protect the safety of the public upon the highways. The department or its
3 authorized agents may exercise such authority based upon evidence which may
4 include, but is not limited to, observations made.
5 (12) The department shall revoke the registration of any vehicle:
6 (a) Which the department shall determine is unsafe or unfit to be oper-
7 ated or is not equipped as required by law;
8 (b) Whenever the person to whom the registration card or registration
9 plate has been issued shall make or permit to be made any unlawful use of
10 the same or permit their use by a person not entitled thereto;
11 (c) For any violation of vehicle registration requirements by the owner
12 or operator in the current or past registration periods;
13 (d) Whenever a motor carrier requests revocation, or whenever an inter-
14 state carrier's federal operating authority has been revoked;
15 (e) For failure of the owner or operator to file the reports required or
16 nonpayment of fees assessed against the owner by the department pursuant
17 to audit under the provisions of section 49-439, Idaho Code;
18 (f) Identified by any city or county administering a program established
19 by ordinance for the inspection and readjustment of motor vehicles (which
20 program is part of an approved state implementation plan adopted by both
21 the state and federal governments under 42 USC section 7410) as having
22 failed to comply with an ordinance requiring motor vehicle emission
23 inspection and readjustment; provided that no vehicle shall be identified
24 to the department under this subsection (f) unless:
25 (i) The city or county certifies to the department that the owner
26 of the motor vehicle has been given notice and had the opportunity
27 for a hearing concerning compliance with the ordinance and has
28 exhausted all remedies and appeals from any determination made at
29 such hearing; and
30 (ii) The city or county reimburses the department for all direct
31 costs associated with the registration revocation procedure.
32 (13) The department shall not reregister or permit a vehicle to operate on
33 a special trip permit until all fees, penalties and interest have been paid.
34 (14) The department shall institute educational programs, demonstrations,
35 exhibits and displays.
36 (15) The department shall cancel a driver's license or identification card
37 when fees required by law have not been paid or where fees are due, owing and
38 unpaid including insufficient fund checks, until those fees have been paid.
39 (16) The department shall examine persons and vehicles by written, oral,
40 vision and skills tests without compulsion except as provided by law.
41 (17) The department shall employ expert and special help as needed in the
42 department.
43 (18) The department shall compile accident statistics and disseminate
44 information relating to those statistics.
45 (19) The department shall cooperate with the United States in the elimina-
46 tion of road hazards, whether of a physical, visual or mental character.
47 (20) The department shall place and maintain traffic-control devices, con-
48 forming to the board's manual and specifications, upon all state highways as
49 it shall deem necessary to indicate and to carry out the provisions of this
50 title or to regulate, warn, or guide traffic. No local authority shall place
51 or maintain any traffic-control device upon any highway under the jurisdiction
52 of the department except by the latter's permission, except where the duly
53 elected officials of an incorporated city have established speed limits lower
54 than those set by the department on the portion of state highways, excluding
55 controlled-access and interstate highways, that pass through residential,
19
1 urban or business districts within the jurisdiction of the incorporated city.
2 The placement and maintenance of such a traffic-control device by a local
3 authority shall be made according to the board's manual and specifications for
4 a uniform system of traffic-control devices.
5 (21) The department may conduct an investigation of any bridge or other
6 elevated structure constituting a part of a highway, and if it shall find that
7 the structure cannot with safety to itself withstand vehicles traveling at a
8 speed otherwise permissible under this title, shall determine and declare the
9 maximum speed of vehicles which the structure can safely withstand, and shall
10 cause or permit suitable signs stating the maximum speed to be erected and
11 maintained before each end of the structure.
12 (22) Whenever the department shall determine on the basis of an engineer-
13 ing and traffic investigation that slow speeds on any highway or part of a
14 highway impede the normal and reasonable movement of traffic, the department
15 may determine and declare a minimum speed limit below which no person shall
16 drive a vehicle except when necessary for safe operation or in compliance with
17 law, and that limit shall be effective when posted upon appropriate fixed or
18 variable signs, except in cases where the duly elected officials of an incor-
19 porated city have established speed limits lower than those set by the depart-
20 ment on portions of state highways, excluding controlled-access and interstate
21 highways, that pass through residential, urban or business districts within
22 the jurisdiction of the incorporated city.
23 (23) The department shall regulate or prohibit the use of any controlled-
24 access highway by any class or kind of traffic which is found to be incompati-
25 ble with the normal and safe movement of traffic.
26 (24) The department shall erect and maintain traffic-control devices on
27 controlled-access highways on which any prohibitions are applicable.
28 (25) Wherever a highway crosses one (1) or more railroads at grade, the
29 department or local authorities within their respective jurisdictions shall
30 place and maintain stop signs, directing vehicular traffic approaching the
31 crossing to come to a full stop prior to entering the crossing at all railroad
32 crossings where electric or mechanical warning signals do not exist. Placement
33 of these stop signs shall be mandatory except when in the determination of
34 public highway agencies the existence of stop signs at a given crossing would
35 constitute a greater hazard than their absence based on a recognized engineer-
36 ing study.
37 Nothing in this subsection shall be construed as granting immunity to any
38 railroad company as to liability, if any, for an accident which might occur at
39 a crossing where stop signs are erected and in place, but liability, if any,
40 shall be determined as provided by law. Liability on the part of governmental
41 authorities on account of absence of any stop sign at a crossing shall be
42 determined as provided by law.
43 (26) The department and local authorities are authorized to determine
44 those portions of any highway under their respective jurisdictions where over-
45 taking and passing or driving on the left side of the roadway would be espe-
46 cially hazardous and may by appropriate signs or markings on the roadway indi-
47 cate the beginning and end of those zones and when signs or markings are in
48 place and clearly visible to an ordinarily observant person, every driver of a
49 vehicle shall obey those directions.
50 (27) The department and local authorities in their respective jurisdic-
51 tions may in their discretion issue special permits authorizing the operation
52 upon a highway of traction engines or tractors having movable tracks with
53 transverse corrugations upon the periphery of the movable tracks or farm trac-
54 tors or other farm machinery, the operation of which upon a highway would
55 otherwise be prohibited under this title or title 40, Idaho Code.
20
1 (28) The department and local highway authorities within their respective
2 jurisdictions may place official traffic-control devices prohibiting, limiting
3 or restricting the stopping, standing or parking of vehicles on any highway
4 where such stopping, standing or parking is dangerous to those using the high-
5 way or where the stopping, standing or parking of vehicles unduly interferes
6 with the free movement of traffic thereon.
7 (29) On any informational material printed after July 1, 1995, by or at
8 the order of the department and distributed to counties, school districts or
9 individuals for the purpose of assisting a person to successfully pass a
10 driver's license test, the department shall include material about the state's
11 open range law and responsibilities, liabilities and obligations of drivers
12 driving in the open range.
13 SECTION 21. That Section 54-205, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 54-205. MEETINGS -- COMPENSATION -- EXECUTIVE DIRECTOR. The board shall
16 have its principal office at Boise, Idaho in Ada county. Four (4) members of
17 the board shall constitute a quorum, a majority of whom may act. The board
18 shall meet no less than three (3) times each year; provided, however, special
19 meetings may be called at any time during the year after notice to all members
20 of the board of such special meetings. The board shall elect annually a chair,
21 a vice chair, a secretary and a treasurer from its members. The offices of
22 secretary and treasurer may be in the same person. The members of the board
23 shall be compensated as provided by section 59-509(i), Idaho Code.
24 The board shall have the power to name an executive director who need not
25 be a member of the board or a licensee and who may be a full-time or part-time
26 employee of the state of Idaho. The board shall prescribe the duties of the
27 executive director. Such duties shall include but are not limited to:
28 (1) Maintenance of a licensee registry;
29 (2) The preparation of all papers and records for the board; and
30 (3) Enforcement or investigative activities as directed by the board.
31 SECTION 22. That Section 54-1906, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 54-1906. PRINCIPAL PLACE OF BUSINESS. The principal place of business of
34 the board shall be in Boise, Idaho Ada county. The board shall meet at Boise,
35 Idaho its principal place of business.
36 SECTION 23. That Section 54-1913, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 54-1913. RECORDS, LISTS AND INFORMATION. The board shall maintain at its
39 office, in Boise, Idaho, open to public inspection during office hours, a com-
40 plete record of all retained applications, licenses issued, licenses renewed
41 and all revocations, cancelations cancellations and suspensions of licenses,
42 and shall furnish a certified copy of any license issued, upon receipt of the
43 sum of fifty cents (50), which certified copy shall be received in all courts
44 and elsewhere as evidence of the facts stated therein.
45 Whenever funds are available for the purpose, the board shall publish a
46 list of the names and addresses of contractors licensed under this act and
47 such further information with respect to this act and its administration as
48 the board deems proper. The board may furnish the lists to such public works
49 and building departments, public officials or public bodies, and other persons
21
1 interested in or allied with the building and construction industry in this or
2 any other state as deemed advisable, and at such intervals as deemed neces-
3 sary, whenever funds therefor are available. Copies of the lists may also be
4 furnished by the board upon request to any firm or individual upon payment of
5 a reasonable fee fixed by the board.
6 Whenever funds are available for the purpose, the board may publish and
7 disseminate to licensees of the board and to public officials or other persons
8 interested in or allied with the building and construction industry, such
9 information with relation to the administration and enforcement of this act as
10 deemed necessary to carry out its purposes.
11 SECTION 24. That Section 58-106, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 58-106. OFFICES. The department shall maintain a central office at the
14 capital in Ada county. The director may in his discretion and with the
15 approval of the state board of land commissioners, establish and maintain, at
16 places other than the seat of government, branch offices for the conduct of
17 any one (1) or more functions of his department.
18 SECTION 25. That Section 58-314, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 58-314. PLACE AND TERMS OF SALE -- CASH SALES -- NOXIOUS WEED DISTRICTS.
21 All sales of state lands shall be held at the state capitol in Ada county
22 unless otherwise directed by the state board of land commissioners. Any such
23 sale held away from the state capitol Ada county shall take place at the
24 county seat of the county or one (1) of the counties in which such lands are
25 situated unless otherwise directed by the board.
26 Terms of payment shall be cash on the day of sale, except that the state
27 board of land commissioners may sell state lands on installments with the down
28 payment, number of installments and interest on deferred payments to be set by
29 the board, but in no case shall the down payment be less than ten per cent
30 percent (10%) of the purchase price or the number of annual payments greater
31 than twenty (20). The purchaser shall always have the right to make full pay-
32 ment with accrued interest at any time. Interest on deferred payments shall be
33 payable annually in advance on January first, and interest for the first year
34 to January first next succeeding shall be paid at the time of purchase.
35 When, in an installment sale, the conditions hereinbefore prescribed have
36 been complied with, the state board shall make and deliver to the purchaser a
37 certificate of purchase containing the name of the purchaser, a description of
38 the land, the sum paid, the amount remaining due, and the date at which each
39 of the deferred payments falls due and the amount thereof, and the amount and
40 date of the several payments of interest to be made thereon. Such certificate
41 shall be signed by the governor and countersigned by the director of the
42 department of lands and a record of the same kept by him in a suitable book.
43 When, in the judgment of the board, a bond by a purchaser of state lands is
44 necessary, the state board shall require such purchaser to give a bond upon
45 such conditions as the said board may determine.
46 Whenever a purchaser of state lands shall have complied with all of the
47 conditions of the sale, paid all purchase money with the lawful interest
48 thereon, and shall furnish the director with satisfactory proof of payment of
49 taxes levied and assessed against his equity in said lands for the current
50 year, or with satisfactory proof that such taxes are otherwise secured, he
51 shall receive a deed for the land purchased. Such deed shall be signed by the
22
1 governor, and countersigned by the secretary of state and by the director and
2 attested with the great seal of the state and the seal of the state board of
3 land commissioners, and said deed shall operate to convey to the purchaser a
4 good and sufficient title in fee simple: provided that the conveyance by said
5 deed shall be subject to reasonable easements for all roads used by the public
6 which exist at the time of sale, unless the county commissioners of the county
7 in which such roads are situated approve the release of such easements and the
8 deed expressly conveys said easements.
9 Interest on all deferred payments to be at the rate per annum set by the
10 state board of land commissioners. All payments shall be made to the director.
11 On state lands hereafter sold under contract of sale in noxious weed con-
12 trol districts, or which may become a part of a noxious weed control district,
13 it shall be the duty of the contract purchaser if the lands are, or may
14 become, infested with noxious weeds to join such a district and pay for the
15 eradication and/or control of noxious weeds on these lands. If within ninety
16 (90) days after receiving a notice by registered mail from the state land
17 department that the lands are infested with noxious weeds, he does not join
18 such a weed control program the director may request the treatment of such
19 lands by those in charge of the weed control district. When the cost of such
20 treatment has been determined, the supervisor of the weed control district
21 shall send a bill to the purchaser for such eradication of noxious weeds, and
22 if the amount of said bill be not paid within ninety (90) days the state board
23 of land commissioners may declare the contract of sale forfeited and cancel
24 the same, and if the contract is canceled said bill for noxious weed eradica-
25 tion and/or control shall be paid from the state noxious weed control fund
26 appropriated for the treatment of noxious weeds upon state lands.
27 SECTION 26. That Section 61-208, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 61-208. OFFICE AND MEETINGS. The office of the commission shall be in the
30 city of Boise and county of Ada county. The office shall always be open, legal
31 holidays and nonjudicial days excepted. The commission shall hold its session
32 at least once in each calendar month, in said city of Boise, and may also meet
33 at such other times and in such other places as may be expedient and necessary
34 for the proper performance of its duties. For the purpose of holding sessions
35 in places other than the city of Boise office of the commission, the commis-
36 sion shall have the power to rent quarters or offices, and the expense thereof
37 and in connection therewith, shall be paid in the same manner as the other
38 expenses authorized by this act. The sessions of the commission shall be pub-
39 lic.
40 SECTION 27. That Section 61-1205, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 61-1205. OFFICE -- TECHNICAL ASSISTANCE. (1) The office of the council
43 members shall be in the city of Boise, county of Ada county. The department of
44 administration shall furnish suitable office space for council members and
45 staff in the Idaho state capitol mall complex, and the department shall be
46 reimbursed for such office space at the rates applicable to state agencies. in
47 the mall complex.
48 (2) Subject to available resources, state agencies may provide technical
49 assistance to council members upon request. State agencies providing technical
50 assistance shall be reimbursed in full for all costs incurred in providing
51 such assistance.
23
1 SECTION 28. That Section 63-101, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 63-101. DEPARTMENT OF REVENUE AND TAXATION -- STATE TAX COMMISSION --
4 BOARD OF TAX APPEALS. (1) There is hereby created the department of revenue
5 and taxation, which shall consist of a state tax commission and a board of tax
6 appeals. The department of revenue and taxation shall, for the purposes of
7 section 20, article IV, of the constitution of the state of Idaho, be an exec-
8 utive department of state government.
9 (2) The state tax commission shall be the constitutional tax commission
10 prescribed in section 12, article VII, of the constitution of the state of
11 Idaho.
12 (3) The board of tax appeals shall be as provided in chapter 38, title
13 63, Idaho Code.
14 (4) The state tax commission may organize itself, or may organize such
15 administrative units under the direction and control of the state tax commis-
16 sion, as deemed necessary for proper and efficient operation in order to exer-
17 cise the constitutional and statutory authority and functions assigned to the
18 state tax commission by the provisions of this title, or by other laws.
19 (5) The state tax commission shall consist of four (4) members, not more
20 than two (2) of whom shall belong to the same political party. The members of
21 the state tax commission shall be appointed by the governor, by and with the
22 consent of the senate; and shall be subject to removal by impeachment as pro-
23 vided in chapter 40, title 19, Idaho Code.
24 (6) Appointments, except appointments to fill vacancies, shall be for a
25 term of six (6) years. Appointments to fill a vacancy shall be made by the
26 governor, and the name of the appointee shall be submitted to the senate for
27 confirmation at the next regular or extraordinary session, and upon confirma-
28 tion of the appointment, the appointee shall hold office for the unexpired
29 term.
30 (7) Each member of the state tax commission shall take, subscribe and
31 file with the secretary of state an oath of office in the form, time and man-
32 ner prescribed in chapter 4, title 59, Idaho Code. Each state tax commissioner
33 shall be bonded to the state of Idaho in the form, time and manner prescribed
34 in chapter 8, title 59, Idaho Code.
35 (8) The state tax commission shall have an office in the city of Boise
36 Ada county and may establish temporary offices at any place within the state
37 whenever necessary for the discharge of the state tax commission's duties.
38 (9) The state tax commission shall have an official seal, of which an
39 impression and description shall be filed with the secretary of state. Judi-
40 cial notice shall be taken of the seal of the state tax commission. Copies of
41 papers, records, proceedings and documents in the possession of the state tax
42 commission may be authenticated by affixation of the seal of the commission
43 and the attestation of the chairman of the commission, and when so sealed and
44 attested shall be received in evidence in all courts with the same effect as
45 the originals.
46 SECTION 29. That Section 63-2518, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 63-2518. REVOCATION OF PERMITS. In addition to the aforesaid authority of
49 enforcement and collection, the state tax commission whenever it shall dis-
50 cover a violation of this act or of any rules, regulations or directions,
51 shall have the authority to cite any person to appear before it in its Boise,
52 Idaho Ada county office to show cause why any permit or license should not be
24
1 revoked or why other corrective measurement should not be taken or imposed.
2 Notice of the hearing shall not be less than fifteen (15) days by registered
3 or certified mail addressed to the person's last known address or in lieu
4 thereof, by personal service.
5 SECTION 30. That Section 63-3807, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 63-3807. MEETINGS -- CALL FOR HEARINGS -- OFFICE -- QUORUM. The first
8 board shall meet within thirty (30) days after its appointment to organize.
9 The board shall meet annually at the state capitol at a date to be determined
10 by the board and shall hold hearings and meetings at the call of the chairman
11 or a majority of the board. The principal office of the board shall be at the
12 state capitol in Ada county, but the board or any of its members may sit and
13 hold hearings at any other place within the state. A majority of the board
14 shall constitute a quorum for the transaction of any official business other
15 than the conduct of hearings and the board may act even though one (1) posi-
16 tion on the board is vacant.
17 SECTION 31. That Section 63-3810, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 63-3810. MOTION FOR REHEARING -- REHEARING BY ENTIRE BOARD. A party
20 adversely affected by a decision may move for rehearing if such motion is
21 filed within ten (10) days of the time the decision of the board is mailed to
22 him. If requested in the motion, the matter may be determined by the entire
23 board of tax appeals. If a rehearing by the entire board is requested, it will
24 be conducted at a regular meeting in Boise or a meeting convened for that pur-
25 pose at Boise in Ada county or such other place as may be designated by the
26 chairman.
27 SECTION 32. That Section 67-1502, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 67-1502. OFFICE -- DUTIES -- SEAL. He shall have an office at the capitol
30 in Ada county, where a seal shall be kept which shall be the official seal of
31 the state board of education by which all official acts may be authenticated,
32 and all records, books and papers pertaining to the business of this office.
33 He shall file all papers, reports and public documents transmitted to him by
34 the county superintendents of the several counties, and hold the same in
35 readiness to be exhibited to the governor, or to any committee of any house of
36 the legislature, or to any citizen of the state.
37 SECTION 33. That Section 67-1703, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 67-1703. MEETING AND ORGANIZATION. The commissioners shall meet at the
40 state capitol in Ada county at least once in two (2) years and shall organize
41 by the election of one (1) of their number as chairman and another as secre-
42 tary, who shall hold their respective offices for a term of two (2) years and
43 until their successors are elected and qualified.
44 SECTION 34. That Section 67-2502, Idaho Code, be, and the same is hereby
45 amended to read as follows:
25
1 67-2502. OFFICES -- BRANCH OFFICES. Each department shall maintain a cen-
2 tral office at the capitol in Ada county. The director of each department may
3 in his discretion and with the approval of the governor, establish and main-
4 tain, at other places, other than the seat of government, branch offices for
5 the conduct of any one (1) or more functions of his department.
6 No department or unit of a department may share office space, facilities,
7 equipment or personnel with any private group or association except upon writ-
8 ten approval of the governor.
9 SECTION 35. That Section 67-5718, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 67-5718. REQUISITIONS FOR PROPERTY -- NOTICE -- FORM -- GUARANTEE -- PRO-
12 CEDURE FOR BIDDING. The administrator of the division of purchasing shall not
13 make or cause to be made any acquisition until a requisition for the property
14 to be acquired has been filed in his office, and such requisition must bear
15 the certificate of the head of the agency making the requisition that there
16 are proper funds or sufficient balance in appropriations out of which the
17 amount of the requisition may lawfully be paid, except as provided to the con-
18 trary under provisions of this chapter allowing emergency purchases.
19 If the property to be acquired may reasonably be expected to cost in
20 excess of twenty-five thousand dollars ($25,000) if purchased, or one thousand
21 dollars ($1,000) per month if procured, there must be accompanying the requi-
22 sition a copy of the specifications proposed for use in the acquisition. Upon
23 receipt of the requisition, notice must be commenced within a reasonable
24 period of time and must allow not less than ten (10) days from notice to bid
25 opening date.
26 Provided, however, that in cases where the total value of the property to
27 be acquired is not in excess of twenty-five thousand dollars ($25,000) if pur-
28 chased, or one thousand dollars ($1,000) per month if procured, the adminis-
29 trator shall notify registered vendors in such manner as he deems appropriate.
30 To enhance small business bidding opportunities, the administrator shall seek
31 a minimum of three (3) bids from registered vendors having a significant Idaho
32 economic presence as defined in the Idaho Code. If he finds that it is imprac-
33 tical or impossible to obtain three (3) bids for the proposed transaction, he
34 may acquire the property in any manner he deems best. For any acquisition not
35 otherwise requiring specifications, the same may be required by rule drawn by
36 the administrator.
37 Provided further, however, that in connection with the award of any con-
38 tract for the placement of any order for state printing, binding, engraving or
39 stationery work, the provisions of sections 60-101 and 60-103, Idaho Code,
40 shall apply to the extent that the same may be inconsistent with any require-
41 ments contained in this section.
42 Notice shall be sent to each registered vendor of the property to be
43 acquired, except that if there are more than ten (10) registered vendors for
44 the property to be acquired, the administrator of the division of purchasing
45 may, in his discretion, limit the notices sent to ten (10). Nothing shall pre-
46 vent all registered vendors from bidding on the property to be acquired. The
47 administrator shall cause all invitations to bid to be posted in a conspicuous
48 place in his office.
49 The notice shall describe the property to be acquired in sufficient detail
50 to apprise a bidder of the exact nature or functionality of the property
51 required; and shall give the time when, and the place where, bids will be
52 opened. The bid opening date shall be set forth in the specifications. Each
53 bid shall be in writing, sealed and marked, "sealed bid for ...., to be opened
26
1 ...., 1920.." and shall be mailed or delivered to the office of the adminis-
2 trator of the division of purchasing. at Boise, Idaho.
3 All sealed bids received shall be opened at the time and place specified
4 in the invitation for bids, and in the public view, and a record of each bid
5 shall then and there be made. Contracts shall be awarded to and orders placed
6 with the lowest responsible bidder. If the competitive sealed proposal method
7 is used, award shall be made to the lowest responsible bidder on the basis of
8 initial proposals received or following receipt and evaluation of best and
9 final offers. The administrator shall have the right to reject any and all
10 bids pursuant to rules established for the division.
11 Where both the bids and quality of property offered are the same, prefer-
12 ence shall be given to property of local and domestic production and manufac-
13 ture or from bidders having a significant Idaho economic presence as defined
14 in the Idaho Code.
15 SECTION 36. That Section 67-5906, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 67-5906. POWERS AND DUTIES OF COMMISSION. The Idaho commission on human
18 rights shall have the following powers and duties:
19 (1) To investigate complaints of alleged violation of this act and act
20 upon its findings pursuant to the provisions contained in this chapter;
21 (2) To make bylaws for its own government and procedure not inconsistent
22 with the laws of this state;
23 (3) To maintain an office in the city of Boise Ada county and other
24 offices within the state as it may deem necessary;
25 (4) To meet and exercise its powers at any place within the state;
26 (5) To appear in court and before other administrative bodies;
27 (6) To cooperate or contract with individuals and state, local and other
28 agencies, both public and private, including agencies of the federal govern-
29 ment and of other states;
30 (7) To accept public grants or private gifts, bequests, or other pay-
31 ments;
32 (8) To receive and act on complaints;
33 (9) To furnish technical assistance requested by persons subject to this
34 act to further compliance with the act or an order issued thereunder;
35 (10) To make studies appropriate to effectuate the purposes and policies
36 of this act and to make the results thereof available to the public;
37 (11) To render at least annually a comprehensive written report to the
38 governor and to the legislature. The report may contain recommendations of the
39 commission for legislative or other action to effectuate the purposes and pol-
40 icies of this act.
41 (12) In accordance with chapter 52, title 67, Idaho Code, to adopt, pro-
42 mulgate, amend and rescind rules and regulations to effectuate the purposes
43 and policies of this act, including regulations rules requiring the posting or
44 inclusion in advertising material of notices prepared or approved by the com-
45 mission.
46 SECTION 37. That Section 72-509, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 72-509. OFFICES AND SUPPLIES. (1) The principal office of the commission
49 shall be located in the capital city of the state Ada county.
50 (2) The commission may establish such branch offices, divisions, sections
51 and advisory committees in such localities in this state as it deems necessary
27
1 to administer this act, in addition to the offices and committees herein
2 otherwise provided for, and shall have power to rent temporary quarters deemed
3 requisite for the purpose of administering this law.
4 (3) The commission may acquire office furniture, furnishings, equipment,
5 stationery and supplies deemed requisite for the purpose of administering this
6 law.
STATEMENT OF PURPOSE
RS 10727C1
The proposed legislation will amend statutes that require,
specifically or by reference, that certain executive agencies,
commissions, boards and councils locate their offices in
Boise. There are 37 different sections of Idaho Code
affected, involving 32 agencies, commissions, boards and
councils. The amendment will allow such agencies,
commissions, boards and councils to locate their offices in
Ada County.
Today=s transportation capabilities make access to Ada County
locations easier than in the years when the Boise location was
imposed. In addition, today=s technology lessens the need for
one centralized location for government offices. The proposed
change will give executive agencies, commissions, boards and
councils flexibility to lease or acquire office space where
competition and location may offer a price advantage.
FISCAL IMPACT
None.
CONTACTS
Name: Joanna L. Guilfoy, Deputy Attorney General
Agency: Department of Administration
Phone: 332-1832
Name: Brian Whitlock, Administrator
Agency: Division of Financial Management
Phone: 334-3904
STATEMENT OF PURPOSE/FISCAL IMPACT H 128 BILL N