title-73•Title 73 — General Code Provisions
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
No part of these compiled laws is retroactive, unless expressly so declared.
[(73-101) C.C.P. 1881, sec. 2; R.S., sec. 3; reen. R.C., sec. 3; reen. C.L. 500:3; C.S., sec. 9443; I.C.A., sec. 70-101.]
. (1) The rule of the common law that statutes in derogation thereof are to be strictly construed, has no application to these compiled laws. The compiled laws establish the law of this state respecting the subjects to which they relate, and their provisions and all proceedings under them are to be liberally construed, with a view to effect their objects and to promote justice.
(2) If multiple amendments to a single section of the Idaho Code have been or are made during a legislative session, and if the amendments can be read into the section without conflict, such amendments shall all be effective and shall be compiled as if made by a single enactment.
[73-102, added C.C.P. 1881, sec. 3; R.S., sec. 4; reen. R.C., sec. 4; reen. C.L. 500:4; C.S., sec. 9444; reen. 1899, ch. 5, sec. 2, p. 147; reen. R.C., sec. 5150; reen. C.L. 500:4; I.C.A., sec. 70-102; am. 1978, ch. 325, sec. 1, p. 820.]
The provisions of these compiled laws, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments.
[(73-103) C.C.P. 1881, sec. 4; R.S., sec. 5; reen. R.C., sec. 5; reen. C.L. 500:5; C.S., sec. 9445; I.C.A., sec. 70-103.]
All persons who at the time these compiled laws take effect hold office under any of the acts repealed, continue to hold the same according to the tenure thereof, except those offices which are not continued by these compiled laws.
[(73-104) R.S., sec. 6; reen. R.C., sec. 6; reen. C.L. 500:6; C.S., sec. 9446; I.C.A., sec. 70-104.]
When any office is abolished by the repeal of any act, and such act is not in substance re-enacted or continued in the compiled laws, such office ceases at the time the compiled laws take effect.
[(73-105) R.S., sec. 7; reen. R.C., sec. 7; reen. C.L. 500:7; C.S., sec. 9447; I.C.A., sec. 70-105.]
No action or proceeding commenced before the compiled laws take effect, and no right accrued, is affected by their provisions, but the proceedings therein must conform to the requirements of the compiled laws as far as applicable.
[(73-106) C.C.P. 1881, sec. 5; R.S., sec. 8; reen. R.C., sec. 8; reen. C.L. 500:8; C.S., sec. 9448; I.C.A., sec. 70-106.]
When a limitation or period of time prescribed in any existing statute for acquiring a right, or barring a remedy, or for any other purpose, has begun to run before these compiled laws go into effect, and the same or any limitation is prescribed in these compiled laws, the time which has already run shall be deemed part of the time herein prescribed as such limitation.
[(73-107) C.C.P. 1881, sec. 6; R.S., sec. 9; reen. R.C., sec. 9; reen. C.L. 500:9; C.S., sec. 9449; I.C.A., sec. 70-107.]
Holidays, within the meaning of these compiled laws, are:
Every Sunday;
January 1 (New Year’s Day);
Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights Day);
Third Monday in February (Washington’s Birthday);
Last Monday in May (Memorial Day);
July 4 (Independence Day);
First Monday in September (Labor Day);
Second Monday in October (Columbus Day);
November 11 (Veterans Day);
Fourth Thursday in November (Thanksgiving Day);
December 25 (Christmas);
Every day appointed by the President of the United States, or by the governor of this state, for a public fast, thanksgiving, or holiday.
Any legal holiday that falls on Saturday, the preceding Friday shall be a holiday and any legal holiday enumerated herein other than Sunday that falls on Sunday, the following Monday shall be a holiday.
[(73-108) C.C.P. 1881, sec. 7, R.S., sec. 10; reen. R.C., sec. 10; am. 1909, p. 27; am. 1911, ch. 102, p. 344; am. 1911, ch. 158, p. 482; compiled and reen. C.L. 500:10; C.S., sec. 9450; am. 1925, ch. 80, sec. 1, p. 114; I.C.A., sec. 70-108; am. 1943, ch. 36, sec. 1, p. 68; am. 1945, ch. 38, sec. 1, p. 49; am. 1955, ch. 19, sec. 1, p. 38; am. 1969, ch. 11, sec. 1, p. 15; am. 1973, ch. 16, sec. 1, p. 32; am. 1977, ch. 167, sec. 2, p. 432; am. 1990, ch. 371, sec. 2, p. 1022; am. 2002, ch. 146, sec. 3, p. 423.]
April 30 shall be designated as Children’s Day/El Dia de los Ninos commemorative day in recognition of the importance of children to families and to communities. It is a day to celebrate the value of children and to focus on the importance of creating a future for children full of hope, health and success. Communities are encouraged to participate with special events and with children as the center of activity.
[73-108A, added 2003, ch. 110, sec. 1, p. 348.]
September 17 shall be designated as constitutional commemorative day. The superintendent of public instruction shall be responsible for developing programs and suitable recognition of the constitution of the United States in conjunction with the commemorative day to be held annually on the anniversary of the signing of the constitution.
[73-108B, added 1989, ch. 77, sec. 1, p. 139.]
March 4 shall be designated as Idaho day. If March 4 falls on a Sunday, the following Monday shall be celebrated as Idaho day; and if March 4 falls on a Saturday, the preceding Friday shall be celebrated as Idaho day. The governor of the state of Idaho shall issue a proclamation each year marking Idaho day. The president pro tempore of the senate and the speaker of the house of representatives shall conduct appropriate ceremonies and programs on Idaho day to honor Idaho’s heritage. The Idaho state historical society shall conduct appropriate activities and be encouraged to create exhibitions to commemorate Idaho day. The people of Idaho shall be encouraged to display the Idaho and United States flags on Idaho day. Idaho day shall not constitute a reason to close state and political subdivision offices.
[73-108C, added 2014, ch. 31, sec. 2, p. 46; am. 2016, ch. 162, sec. 1, p. 445.]
The time in which any act provided by law is to be done is computed by excluding the first day, and including the last unless the last is a holiday and then it is also excluded.
[(73-109) C.C.P. 1881, sec. 8; R.S., sec. 11; reen. R.C., sec. 11; reen. C.L. 500:11; C.S., sec. 9451; I.C.A., sec. 70-109.]
Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed.
[(73-110) C.C.P. 1881, sec. 9; R.S., sec. 12; reen. R.C., sec. 12; reen. C.L. 500:12; C.S., sec. 9452; I.C.A., sec. 70-110.]
When the seal of a court, public officer or person is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression.
[73-111, added C.C.P. 1881, sec. 10; R.S., sec. 13; reen. R.C., sec. 13; reen. C.L. 500:13; C.S., sec. 9453; I.C.A., sec. 70-111; am. 1979, ch. 203, sec. 2, p. 584.]
Words giving a joint authority to three (3) or more public officers, or other persons, are construed as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority.
[(73-112) C.C.P. 1881, sec. 11; R.S., sec. 14; reen. R.C., sec. 14; reen. C.L. 500:14; C.S., sec. 9454; I.C.A., sec. 70-112.]
(1) The language of a statute should be given its plain, usual and ordinary meaning. Where a statute is clear and unambiguous, the expressed intent of the legislature shall be given effect without engaging in statutory construction. The literal words of a statute are the best guide to determining legislative intent.
(2) If a statute is capable of more than one (1) conflicting construction, the reasonableness of the proposed interpretations shall be considered, and the statute must be construed as a whole. Interpretations which would render the statute a nullity, or which would lead to absurd results, are disfavored.
(3) Words and phrases are construed according to the context and the approved usage of the language, but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition.
[(73-113) C.C.P. 1881, sec. 12; R.S., sec. 15; reen. R.C., sec. 15; reen. C.L. 500:15; C.S., sec. 9455; I.C.A., sec. 70-113; am. 2013, ch. 335, sec. 1, p. 873.]
(1) Unless otherwise defined for purposes of a specific statute:
(a) Words used in these compiled laws in the present tense, include the future as well as the present;
(b) Words used in the masculine gender, include the feminine and neuter;
(c) The singular number includes the plural and the plural the singular;
(d) The word "person" includes a corporation as well as a natural person;
(e) Writing includes printing;
(f) Oath includes affirmation or declaration, and every mode of oral statement, under oath or affirmation, is embraced by the term "testify," and every written one in the term "depose";
(g) Signature or subscription includes mark, when the person cannot write, his name being written near it, and witnessed by a person who writes his own name as a witness.
(2) The following words have, in the compiled laws and rules and policies of the state of Idaho, the signification attached to them in this section, unless otherwise apparent from the context:
(a) "Boy" means a minor human male.
(b) "Father" means a male parent.
(c) "Female" means an individual who has, had, will have, or, but for a developmental or genetic anomaly or historical accident, would have the reproductive system that at some point produces, transports, and utilizes eggs for fertilization.
(d) "Gender," when used to refer to males, females, or the natural differences between males and females, shall be considered a synonym for "sex" and shall not be considered a synonym for gender identity, an internal sense of gender, experienced gender, gender expression, or gender role. This definition shall not apply when the term "gender" is used in conjunction with other words or as an adjective to modify other words.
(e) "Girl" means a minor human female.
(f) "Intellectual disability" means significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two (2) of the following skill areas: communication, self-care, home living, social or interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health and safety. The onset of significantly subaverage general intelligence functioning and significant limitations in adaptive functioning must occur before age eighteen (18) years.
(g) "Male" means an individual who has, had, will have, or, but for a developmental or genetic anomaly or historical accident, would have the reproductive system that at some point produces, transports, and utilizes sperm for fertilization.
(h) "Month" means a calendar month, unless otherwise expressed.
(i) "Mother" means a female parent.
(j) "Personal property" includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions.
(k) "Property" includes both real and personal property.
(l) "Real property" is coextensive with lands, tenements and hereditaments, possessory rights and claims.
(m) "Registered mail" includes certified mail.
(n) "Sex" means an individual’s biological sex, either male or female.
(o) "State," when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories.
(p) "Will" includes codicils.
(q) "Writ" signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process," a writ or summons issued in the course of judicial proceedings.
[(73-114) C.C.P. 1881, sec. 13; R.S., sec. 16; reen. R.C., sec. 16; reen. C.L. 500:16; C.S., sec. 9456; reen. 1899, ch. 5, sec. 1, p. 147; reen. R.C., sec. 5149; reen. C.L. 500:16; C.S., sec. 9456; I.C.A., sec. 70-114; am. 1959, ch. 16, sec. 1, p. 36; am. 1967, ch. 272, sec. 31, p. 745; am. 2010, ch. 235, sec. 72, p. 607; am. 2024, ch. 322, sec. 2, p. 1063.]
(1) It is the intent of the legislature that the Idaho Code be amended to remove certain archaic language related to the condition of individuals. Certain terms, such as "idiots," "handicap," "retarded," "lunatic" and "deficient," when applied to individuals, have outlived their usefulness. The term "intellectual disability" as used in this act is intended to replace the term "mental retardation" as previously used in the Idaho Code.
(2) The legislature intends that the emphasis should be on people first, rather than on archaic labels. Therefore, any new or amended section of the Idaho Code should incorporate more modern and people first language when referring to the condition of individuals, as used in this act.
(3) The legislature further intends that rules promulgated under the administrative procedure act, chapter 52, title 67, Idaho Code, after the effective date of this act, should incorporate more modern and people first language when referring to the condition of individuals, as used in this act. Where appropriate and when the use of more modern and people first language will not substantively change the meaning of a rule, the rules coordinator is encouraged to use the authority provided for in section 67-5202(2), Idaho Code, to replace archaic language in the administrative code with more modern and people first language, as used in this act.
(4) This act’s substitution of more modern and people first language in place of archaic language when referring to the condition of individuals shall not change the substantive interpretation of the amended Idaho Code sections or the case law interpreting those sections.
[73-114A, added 2010, ch. 235, sec. 73, p. 608.]
No statute law is continued in force because it is consistent with the provisions of the compiled laws on the same subject, but in all cases provided for therein all statute laws heretofore in force in this state, whether consistent or not with the provisions of the compiled laws, unless expressly continued in force, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in these compiled laws provided; nor does it affect any local or special statute not expressly repealed; nor does it affect any outstanding unexpended appropriation.
[73-115) Based on R.S., sec. 17; am. R.C., sec. 17; reen. C.L. 500:17; C.S., sec. 9457; I.C.A., sec. 70-115.]
The common law of England, so far as it is not repugnant to, or inconsistent with, the constitution or laws of the United States, in all cases not provided for in these compiled laws, is the rule of decision in all courts of this state.
[(73-116) 1863, p. 527, sec. 1; R.S., sec. 18; reen. R.C., sec. 18; reen. C.L. 500:18; C.S., sec. 9460; I.C.A., sec. 70-116.]
All general acts and parts and clauses of acts of a general nature passed prior to the fifteenth session of the state legislature, are hereby repealed, and these compiled laws are in force in lieu thereof; but such repeal does not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal takes effect, but all rights and liabilities under said repealed acts continue, in the same manner as if said repeal had not been made.
[(73-117) R.S., sec. 19; am. R.C., sec. 19; am. C.L. 500:19; C.S., sec. 9461; I.C.A., sec. 70-117.]
All offenses committed and all penalties or forfeitures incurred prior to said repeal, may be prosecuted and punished in the same manner and with the same effect as if said repeal had not been made.
[(73-118) R.S., sec. 20; reen. R.C., sec. 20; reen. C.L. 500:20; C.S., sec. 9462; I.C.A., sec. 70-118.]
The following acts and parts of acts are the local and special statutes which are continued in force, except insofar as the same have been modified, amended, superseded or repealed by other legislation. All others are hereby repealed.
All those special and local laws continued in force by an act entitled "An act to provide for continuing in force certain special and local laws and repealing all others," approved February 10, 1887, which said local and special laws are embraced within the publication known as "Local and special laws of Idaho territory," printed by direction of the fourteenth session of the territorial legislative assembly.
All those special and local laws continued in force by the Revised Codes of Idaho, 1908, section 17.
An act entitled, "An act establishing insurance fund of capitol building annex, deaf, dumb and blind asylum insurance fund," etc., approved Feb. 24, 1909. [1909, p. 21, H.B. 38.]
An act amendatory of the establishment of the graded public schools of the city of Lewiston, approved March 6, 1909. [1909, p. 43, H.B. 105.]
An act providing for the sale and conveyance by the state board of land commissioners of a tract of land situated within the village of Blackfoot, Idaho, approved March 11, 1909. [1909, p. 65, H.B. 135.]
An act amending the charter of Boise City, approved March 11, 1909. [1909, p. 113, H.B. 297.]
An act amending an act entitled, "An act to create the independent school district of Emmettsville," approved March 15, 1909. [1909, p. 188, H.B. 189.]
An act entitled, "An act levying and requiring the collection of a special ad valorem tax for the payment of interest upon certain bonds issued by the state of Idaho," etc., approved March 11, 1909. [1909, p. 304, H.B. 308.]
An act amending the charter of the city of Bellevue, approved March 11, 1909. [1909, p. 320, H.B. 254.]
An act amending an act entitled, "An act to create independent school district of Emmettsville," approved March 13, 1909. [1909, p. 340, H.B. 129.]
An act "providing for the issuing, sale and redemption of state bonds for the purpose of improving the Idaho soldiers’ home," approved March 16, 1909. [1909, p. 365, H.B. 304.]
An act "providing for the issuing of state bonds for the additional buildings and improvements of the northern Idaho insane asylum," approved March 16, 1909. [1909, p. 368, H.B. 302.]
An act "providing for the issuing, sale and redemption of state bonds for the purpose of completing the cell house at the state penitentiary," approved March 16, 1909. [1909, p. 370, H.B. 303.]
An act entitled, " An act providing for the issuance and sale of state bonds to the amount of $55,000 for the Idaho industrial training school," etc., approved March 16, 1909. [1909, p. 376, H.B. 95.]
An act entitled, "An act to provide for the establishment, building and equipment of a state school for the deaf and the blind; to provide for the issuance, sale and redemption of bonds," etc., sections 7 to 14, inclusive, approved March 16, 1909. [1909, p. 379, H.B. 194.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $52,000 and appropriating the proceeds thereof to the university of Idaho," etc., approved March 16, 1909. [1909, p. 382, H.B. 8.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $36,000 and appropriating the proceeds thereof to the academy of Idaho," etc., approved March 16, 1909. [1909, p. 385, H.B. 37.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $15,000 for the construction of a wagon bridge across the Salmon river," etc., approved March 17, 1909. [1909, p. 390, H.B. 85.]
An act entitled, "An act providing for the issuing and sale of state bonds in the sum of $10,000 for the construction of a wagon bridge across the Snake river between the counties of Lincoln and Cassia, Idaho," etc., approved March 16, 1909. [1909, p. 397, H.B. 198.]
An act entitled, "An act providing for the issue, sale and redemption of state bonds for the purpose of erecting and equipping a gymnasium building for Lewiston normal school," etc., approved March 17, 1909. [1909, p. 404, H.B. 27.]
An act entitled, "An act providing for the issuance and sale of state bonds in the aggregate sum of $73,000 to the university of Idaho," etc., approved March 17, 1909. [1909, p. 407, H.B. 12.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $18,000 for the construction of a wagon bridge across the Kootenai river at Bonners Ferry in Bonner county, Idaho," etc., approved March 17, 1909. [1909, p. 413, S.B. 15.]
An act entitled, "An act to provide for the completion of the Paris-Franklin road in the counties of Bear Lake and Oneida," etc., approved March 17, 1909. [1909, p. 419, H.B. 174.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $60,000 to the continuance of the construction of the capitol building at Boise, Idaho," etc., approved March 16, 1909. [1909, p. 423, H.B. 74.]
An act entitled, "An act providing for the issuance and sale of bonds in the sum of $36,000 for the purpose of building and equipping a gymnasium for the Albion state normal school," etc., approved March 17, 1909. [1909, p. 426, H.B. 81.]
Section 6 of an act authorizing the relinquishment of Marble Creek lands, approved Feb. 8, 1911. [1911, ch. 6, section 6, p. 18.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $10,000 for the construction of a wagon bridge across the Snake river at a point north of the north end of Overland avenue of the village of Burley," etc. Became a law without approval Feb. 13, 1911. [1911, ch. 1, p. 18.]
An act entitled, "An act appropriating the sum of $15,000 for the construction of a wagon bridge across the Salmon river," etc., approved Feb. 18, 1911. [1911, ch. 16, p. 39.]
An act entitled, "An act appropriating $3,059.10 for 8740.28 acres of state lands within the Black Canyon irrigation district," etc., approved Feb. 27, 1911. [1911, ch. 22, p. 47.]
An act entitled, "An act authorizing the governor and secretary of state to convey certain lots in Morehead’s addition to the city of Weiser," etc., approved March 3, 1911. [1911, ch. 36, p. 76.]
An act entitled, "An act to provide for the establishment, building and equipping of the Idaho state sanitarium," etc., approved March 4, 1911. [1911, ch. 41, p. 86.]
An act entitled, "An act authorizing the state board of education to cause to be erected a building near Gooding as a part of the Idaho state school for the deaf and the blind," etc., approved March 4, 1911. [1911, ch. 42, p. 97.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $750,000 and appropriating the proceeds thereof to the completion of the construction of the central section of the capitol building at Boise," etc., approved March 7, 1911. [1911, ch. 47, p. 104.]
An act entitled, "An act providing for the issuing of state bonds to the amount of $35,000 for the additional buildings and improvements of the northern Idaho insane asylum," etc., approved March 7, 1911. [1911, ch. 53, p. 118.]
An act entitled, "An act authorizing the state board of land commissioners to extend the time of final payment due on all certificates of sale for school lands in the year 1911," etc., approved March 9, 1911. [1911, ch. 66, p. 188.]
An act entitled, "An act providing for the issuing, sale and redemption of state bonds for the purpose of improving the Idaho state penitentiary at Boise," approved March 10, 1911. [1911, ch. 69, p. 191.]
Section 3 of an act validating previously incorporated religious and benevolent corporations, approved March 11, 1911. [1911, ch. 74, section 3, p. 229.]
An act entitled, "An act providing for the issuing, sale and redemption of state bonds for the purpose of improving the Idaho industrial training school at St. Anthony," approved March 13, 1911. [1911, ch. 77, p. 251.]
An act entitled, "An act providing for the issuing, sale and redemption of state bonds for the purpose of improving the Idaho soldiers’ home," etc., approved March 13, 1911. [1911, ch. 79, p. 254.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $75,000 to the university of Idaho," etc., approved March 13, 1911. [1911, ch. 84, p. 315.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $25,000 for the construction of a wagon bridge across the Snake river near the city of Payette," etc., approved Feb. 1, 1911. [1911, ch. 87, p. 329.]
An act entitled, "An act authorizing the board of county commissioners of Lemhi county to submit question of incurring indebtedness for the construction of the Big Creek wagon road," etc., approved Feb. 16, 1911. [1911, ch. 104, p. 346.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $7500 for the construction of a wagon bridge across the Salmon river four miles below the Barr’s bridge," etc., approved Feb. 17, 1911. [1911, ch. 105, p. 347.]
An act entitled, "An act providing for the issuance and sale of state bonds in the sum of $15,000 for the construction of a wagon bridge across the Snake river near the Loveridge ferry," etc., approved Feb. 17, 1911. [1911, ch. 106, p. 352.]
An act entitled, "An act to provide for the macadamizing of about five miles of the public highway, along and adjoining the Oregon Short Line railroad, Bingham county, Idaho," etc., approved Feb. 18, 1911. [1911, ch. 108, p. 358.]
An act entitled, "An act providing for the issuance of state bonds in the sum of $20,000 for the construction of a wagon road between the city of Boise and the Payette lakes," etc., approved Feb. 18, 1911. [1911, ch. 109, p. 362.]
An act entitled, "An act providing for the issuance of state bonds in the sum of $9000 for the construction of a draw bridge across the St. Joe river at St. Maries," etc., approved Feb. 21, 1911. [1911, ch. 113, p. 368.]
An act entitled, "An act appropriating the sum of $2671.16 for the purchase of the Heyburn toll wagon bridge across Snake river between Heyburn and Burley," etc., approved March 1, 1911. [1911, ch. 126, p. 413.]
An act entitled, "An act providing for the issuance of state bonds in the sum of $25,000 for the construction of a wagon road between Kootenai and Idaho-Montana state line near Cabinet," etc., approved March 3, 1911. [1911, ch. 134, p. 420.]
An act entitled, "An act providing for the issuance of state bonds in the sum of $5000 for the construction of a wagon road between Leadore and a point on the northerly side of Lemhi river near the town of May," etc., approved March 3, 1911. [1911, ch. 138, p. 430.]
An act entitled, "An act to provide for the construction of roadbed on a public highway known as the Whitebird Dumacque and Grave Creek wagon road in Idaho county," etc., approved March 3, 1911. [1911, ch. 143, p. 438.]
An act entitled, "An act providing for the issuing of state bonds in the sum of $10,000 for the construction of a wagon bridge across the Snake river, near Brownlee or Robinette," etc., approved March 3, 1911. [1911, ch. 144, p. 444.]
An act entitled, "An act authorizing the state board of land commissioners to sell certain state lands in Bingham county," etc., approved March 4, 1911. [1911, ch. 151, p. 455.]
An act entitled, "An act to provide for the completion of Paris-Franklin road in the counties of Bear Lake and Oneida," etc., approved March 4, 1911. [1911, ch. 153, p. 458.]
An act entitled, "An act providing for the issuance of state bonds in the sum of $6000 for the construction of a wagon bridge across the Snake river between Twin Falls and Lincoln counties," etc., approved March 7, 1911. [1911, ch. 156, p. 476.]
An act entitled, "An act providing for the issuing of state bonds in the sum of $5500 for the construction of a wagon bridge across the south fork of Snake river," etc., approved March 8, 1911. [1911, ch. 180, p. 582.]
An act entitled, "An act providing for the issuing of state bonds in the sum of $6000 for the construction of a wagon bridge across the Snake river between the counties of Lincoln and Twin Falls," etc., approved March 9, 1911. [1911, ch. 202, p. 667.]
[Repealed by S.L. 1925, ch. 110.]
Saving clause in repeal of poll tax law. Approved Jan. 27, 1912. [1912, ch. 2, section 2, p. 6.]
An act concerning the dissolution of school districts traversed by county lines and boundaries, approved Feb. 11, 1913. [1913, ch. 9, p. 48.]
An act entitled, "An act authorizing the state board of land commissioners to sell certain state lands in Bingham county," etc., approved March 1, 1913. [1913, ch. 43, p. 146.]
An act entitled, "An act providing for the issuance of bonds in the sum of $6000 for the construction of buildings to be erected in Lincoln county for experiment station," etc., approved March 1, 1913. [1913, ch. 44, p. 148.]
An act entitled, "An act providing for the issuance of state bonds in the sum of $10,000 for the construction of buildings upon the Lava Hot Springs," etc., approved March 4, 1913. [1913, ch. 49, p. 155.]
An act entitled, "An act appropriating $14,770.28 out of the Carey act trust fund for the reclamation of state lands within the Gem irrigation district in Owyhee county," etc., approved March 5, 1913. [1913, ch. 62, p. 296.]
An act entitled, "An act authorizing the state board of land commissioners to extend the time of payment due on all certificates of sale for state school lands in the year 1913 for five years," etc., approved March 8, 1913. [1913, ch. 78, p. 333.]
An act entitled, "An act authorizing the state treasurer to refund certain sums of money to widows," etc., approved March 8, 1913. [1913, ch. 79, p. 334.]
An act entitled, "An act providing for the issuance of state bonds for purchasing that portion of the interstate bridge over Snake river between Lewiston and Clarkston," etc., approved March 10, 1913. [1913, ch. 80, p. 334.]
An act entitled, "An act authorizing the use of moneys now in the public building endowment fund, by the capitol building commission," etc., approved March 10, 1913. [1913, ch. 104, p. 424.]
An act entitled, "An act authorizing the state land board to extend the time for payments for a period of ten years to purchasers of state lands," etc., approved March 11, 1913. [1913, ch. 131, p. 481.]
[Repealed by S.L. 1925, ch. 110.]
An act entitled, "An act providing for the completion of the macadamizing a public highway, along and adjoining the Oregon Short Line railroad in Bingham county," etc., approved March 10, 1913. [1913, ch. 139, p. 490.]
An act entitled, "An act to amend sections 2 and 15 of chapter 134 of the laws of 1911," etc. (the original act relating to a bond issue for a road in Bonner county), approved March 12, 1913. [1913, ch. 164, p. 532.]
An act entitled, "An act authorizing the board of trustees of the capitol building to sell the Central school building," etc., approved March 5, 1913. [1913, ch. 176, p. 552.]
An act entitled, "An act to provide for the issuance of state bonds in the sum of $10,000 for the construction of a wagon road between the city of Boise and the state line between Idaho and Montana," etc., approved March 13, 1913. [1913, ch. 182, p. 580.]
An act entitled, "An act providing for the issuance of state bonds in the sum of $200,000 for the payment of a portion of the cost for constructing a system of state highways in the state of Idaho," etc., approved March 13, 1913. [1913, ch. 183, p. 585.]
An act entitled, "An act providing for the issuing of state bonds for the purpose of purchasing 84 acres of land for the state to be used in connection with the state penitentiary," approved March 15, 1913. [1913, ch. 192, p. 635.]
An act entitled, "An act authorizing the state land board to extend the time for payment for a period of two years to purchasers of state lands," etc., approved Feb. 26, 1915. [1915, ch. 19, p. 70.]
An act entitled, "An act authorizing the state board of land commissioners to sell certain state lands situate in Clearwater county," etc., approved March 3, 1915. [1915, ch. 32, p. 102.]
78a. An act amending an act providing for the issuance of state bonds in the sum of $200,000 for state highways, approved March 13, 1913 [500:17a (75)], amendatory act approved March 7, 1915. [1915, ch. 36, p. 115.]
An act entitled, "An act ratifying the action of the board of trustees of Oakley independent school district No. 2 in Cassia county in issuing certain warrants," etc., approved March 15, 1915. [1915, ch. 107, p. 249.]
An act entitled, "An act providing for the issuance of state bonds in the sum of $1,000,000 for the payment of a portion of the cost of constructing a system of state highways in the state of Idaho," etc., approved March 20, 1917. [1917, ch. 64, p. 197.]
An act entitled, "An act changing the northern and western boundary lines of independent school district of Boise City," etc., approved March 20, 1917. [1917, ch. 77, p. 240.]
An act entitled, "An act to provide for the revision, compilation and codification of the laws of the state of Idaho," etc., approved March 20, 1917. [1917, ch. 78, p. 241.]
An act amending the charter of the city of Lewiston, approved March 12, 1917. [1917, ch. 87, p. 303.]
An act entitled, "An act to provide for the erection of a monument to the memory of Governor Frank Steunenberg," etc., approved March 20, 1917. [1917, ch. 94, p. 324.]
An act entitled, "An act conferring authority upon the electors residing within certain territory to vote at the general election in November, 1918, upon the question whether such described territory shall be detached from Bannock county and attached to Franklin county," etc., approved Feb. 8, 1917. [1917, ch. 96, p. 327.]
An act amending an act to provide for the establishment of graded public schools in the city of Lewiston, approved March 14, 1917. [1917, ch. 134, p. 444.]
An act entitled, "An act establishing an experimental and demonstration farm for the high altitude agricultural areas of the state of Idaho," etc., approved March 20, 1917. [1917, ch. 143, p. 458.]
An act entitled, "An act approving and confirming the purchase by the state board of land commissioners, in behalf of the state of Idaho of the irrigation system of the King’s Hill irrigation and power company," approved March 13, 1917. [1917, ch. 160, p. 487.]
An act entitled, "An act to authorize the governor to convey the title in the King Hill project to the United States for reconstruction," etc., approved March 16, 1917.
[73-119, added 1917, ch. 162, p. 492.]
(1) English is hereby declared to be the official language of the state of Idaho.
(2) Except as provided in this section, the English language is the sole language of the government.
(3) Except as provided in subsection (4) of this section, any document, certificate or instrument required to be filed, recorded or endorsed by any officer of this state, or of any county, city or district in this state, shall be in the English language or shall be accompanied by a certified translation in English and all transactions, proceedings, meetings or publications issued, conducted or regulated by, or on behalf of, or representing the state of Idaho, or any county, city or other political subdivision in this state shall be in the English language.
(4) Language other than English may be used when required:
(a) By the United States Constitution, the Idaho Constitution, federal law or federal regulation;
(b) By law enforcement or public health and safety needs;
(c) By public schools according to the rules promulgated by the state board of education pursuant to subsection (6) of this section;
(d) By the public postsecondary educational institutions to pursue educational purposes;
(e) To promote and encourage tourism and economic development, including the hosting of international events;
(f) To change the use of non-English terms of art, phrases, proper names or expressions included as part of communication otherwise in English; and
(g) By libraries to:
(i) Collect and promote foreign language materials; and
(ii) Provide foreign language services and activities.
(5) Unless exempted by subsection (4) of this section, all state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English shall be returned to the state general fund.
(a) Each state agency that has state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English shall:
(i) Notify the state controller that those moneys exist and the amount of those moneys; and
(ii) Return those moneys to the state controller for deposit into the state general fund.
(b) The state controller shall account for those moneys and inform the legislature of the existence and amount of those moneys at the beginning of the legislature’s annual general session.
(6) The state board of education shall make rules governing the use of foreign languages in the public schools that promote the following principles:
(a) Non-English speaking children and adults should become able to read, write and understand English as quickly as possible;
(b) Foreign language instruction should be encouraged;
(c) Formal and informal programs in English as a second language should be initiated, continued and expanded; and
(d) Public schools should establish communication with non-English speaking parents within their systems, using a means designed to maximize understanding when necessary, while encouraging those parents who do not speak English to become more proficient in English.
(7) Nothing in this section shall restrict the rights of governmental employees, private businesses, not-for-profit organizations or private individuals to exercise their right under the first amendment of the United States constitution or section 9, article I, of the Idaho constitution.
[73-121, added 1986, ch. 282, sec. 1, p. 706; am. 2007, ch. 254, sec. 1, p. 758.]
(1) The social security number of an applicant shall be recorded on any application for a professional, occupational or recreational license.
(2) The requirement that an applicant provide a social security number shall apply only to applicants who have been assigned a social security number.
(3) An applicant who has not been assigned a social security number shall:
(a) Present written verification from the social security administration that the applicant has not been assigned a social security number; and
(b) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and
(c) Submit such proof as the department may require that the applicant is lawfully present in the United States.
[73-122, added 1998, ch. 248, sec. 4, p. 813; am. 1999, ch. 334, sec. 2, p. 910.]
The intent and purpose of this act is to keep current so far as practicable the compilation known as Idaho Code, by authorizing publication of pocket parts to the volumes of the Idaho Code, or as necessary, the republication of single or more volumes, or the addition of volumes, or by other devices designed and intended to maintain the Idaho Code up to date, and especially after each session of the legislature, indicating therein existing laws, repealed laws or parts of laws, substitute laws, additional laws, and constitutional provisions and changes, rules of the Supreme Court of Idaho, additional notes, annotations and indexing. This act shall be so interpreted as to grant the commission hereby created all power and authority necessary to accomplish such intent and purpose.
[73-201, added 1949, ch. 167, sec. 1, p. 355; am. 1953, ch. 250, sec. 1, p. 398.]
"Code Commission" as used in this act shall be deemed to mean and refer to the code commission created by this act.
"Compilation" as used in this act shall be deemed to be the compilation known as the "Idaho Code" authorized and published pursuant to Session Laws of 1947, Chapter 224, and all pocket parts thereto and replacement or republication of all or any part thereof and contents, and new or additional volumes, compiled and published as in this act provided.
[73-202, added 1949, ch. 167, sec. 2, p. 355; am. 1953, ch. 250, sec. 2, p. 398.]
A continuing code commission is hereby created in the office of the secretary of state, to be known as the "Code Commission," to consist of three (3) persons, members of the Idaho state bar, who are actively engaged in the practice of law, not holders of any other compensated state office or position, whose residences are such that they may readily and conveniently meet from time to time as such commission. The "1947 Idaho Code Commission," created and appointed pursuant to chapter 224, of 1947 Session Laws of Idaho is hereby continued in office as the code commission created by this act; one (1) of such commissioners shall continue in office until the first day of December, 1950, one (1) until the first day of December, 1952, and one (1) until the first day of December, 1954; the term to be served by each present commissioner shall be determined by the members of the commission; not later than twenty (20) days after the effective date of this act the commission shall certify to the governor and to the secretary of state the name of each present commissioner and the term determined to be served by him. At the expiration of each of said terms and of the terms hereinafter provided, a member of the commission shall be appointed by the governor to serve for a term of six (6) years. The appointee shall be selected from a list of not more than three (3) qualified persons whose names shall be submitted to the governor by the board of commissioners of the Idaho state bar not less than fifteen (15) days prior to the expiration of a term of a commissioner. At its first meeting after the effective date of this act the commission shall organize by selecting one (1) of its members chairman, and shall thereafter reorganize in the same manner at its first meeting held after each appointment of a commissioner. The secretary of state shall serve as permanent secretary of the commission. Each commissioner shall serve until his successor has been appointed. In the event a vacancy occurs in the commission other than by expiration of a term the remaining members shall fill such vacancy by appointment of a qualified person.
[73-203, added 1949, ch. 167, sec. 3, p. 355; am. 1974, ch. 5, sec. 8, p. 23.]
Each member of the commission shall receive as compensation for his services the sum of twenty-five dollars ($25.00) for each day’s attendance at a meeting and each day’s performance of the duties of the commission and shall receive his actual and necessary expenses, incurred in performing his duties as such commission. Payment of said compensation shall not be considered salary as defined in section 59-1302(31), Idaho Code. The commission is hereby authorized to employ and fix the compensation of adequate legal, clerical and other assistance.
[73-204, added 1949, ch. 167, sec. 4, p. 355; am. 1972, ch. 161, sec. 1, p. 360; am. 2003, ch. 56, sec. 1, p. 200.]
The commission is hereby authorized, empowered and directed to enter into and execute contracts it may deem necessary and proper with any publishing company, with respect to general laws, repeals and amendments which may be enacted by each regular session of the legislature hereafter, and beginning with the thirtieth session, and with respect to bringing up to date annotations, notes and indexes of general law continuing in force, for the publication thereof, and publication of any other compilation within the purview of this act. The intent hereof is that as soon as practicable after each session of the legislature the Idaho Code be brought up to date. Similar contracts relating to and after one or more special sessions may be entered into and executed if the commission deems it necessary and desirable. Whenever one or more volumes of the Idaho Code becomes too bulky, or for other reason it appears to the commission to be necessary or desirable, the commission may contract for republication of such volume or volumes, or additional volumes. When the commission deems it necessary or advisable, it may, in its sole discretion, assist the Supreme Court of the state of Idaho in any preliminary work or studies necessary in the preparation of rules of said court and any proposed legislation which may from time to time be necessary to segregate substantive from procedural law, and may contract for the publication in replacement or additional volumes of such rules as may be made, prescribed and promulgated by said court.
The contracts shall appropriately describe specifications of the editing, content of compilation, printing, binding, size of type to be used in text and notes, grade and weight of paper to be used, style of page, provisions for insertion of new matters, with appropriate section numbers in existing or changed titles and chapters, and shall require in full new and amended laws, repeals of laws, or parts thereof, constitutional changes, new and additional annotations, notes and indexes, references and cross-references relating to the existing laws of this state and to decisions of the Supreme Court of the state of Idaho, Idaho Court of Appeals, Supreme Court of the United States and federal courts citing and construing the same, formal Idaho attorney general opinions since January 1, 1983, citing and construing the same, history of the law or section, and shall contain such other information and ancillaries as the commission may deem necessary and proper, or as the publishers may include with the consent of the commission.
[73-205, added 1949, ch. 167, sec. 5, p. 355; am. 1953, ch. 250, sec. 3, p. 398; am. 1955, ch. 59, sec. 1, p. 116; am. 1987, ch. 114, sec. 1, p. 227.]
The contract shall require the publishing company to deliver, on or before such date as may be fixed by the commission, such number of sets of bound volumes and/or pocket parts of the compilation for use of the state of Idaho and its public agencies as may be determined by the board of examiners, at the price stated in the contract. The publishing company shall receive payment upon approval of such compilation as hereinafter provided and delivery of the sets thereof f.o.b. Boise, Idaho, and such other places in Idaho designated by the secretary of state of Idaho. If the publishing company cannot make delivery on the date fixed in the contract because of conditions beyond its control and shall satisfy the commission to this effect, the commission may, but it is not required to, extend the date of delivery for a period by it deemed reasonable. The publishing company shall agree in the contract to cause to be made available on the market through an agent, resident in Idaho, a sufficient number of sets of the compilation to supply the demand therefor within the state of Idaho, at the price fixed in the contract.
[73-206, added 1949, ch. 167, sec. 6, p. 355; am. 1977, ch. 232, sec. 6, p. 690; am. 1979, ch. 157, sec. 1, p. 477.]
The publishing company, coincident with its execution of any contract, shall furnish a performance and completion bond in terms and in a sum specified by the commission written in favor of and to be paid to the state of Idaho in the event of failure of the publishing company to comply with the terms and conditions of the contract. The premium or expense of the bond shall be paid out of the appropriations herein provided for.
[73-207, added 1949, ch. 167, sec. 7, p. 355.]
The commission shall continue to supervise and give directions relating to the plan of titles, chapters and resectioning, annotations, cross-references, tables and indexes, form and uniformity of contents, and all other matters relating to compilations, deemed by the commission necessary and proper. The publishing company shall furnish galley and page proof to the commission relating to each compilation, which shall be examined under the commission’s direction for the purpose of determining whether or not the compilation meets the requirements of section 73-205 of this act and the provisions of the contract relating to the compilation.
[73-208, added 1949, ch. 167, sec. 8, p. 355.]
Upon certificate of the commission filed with the secretary of state and the governor that any compilation (with the exception of the rules of the Supreme Court of the state of Idaho) has been completed, published and approved by the commission, the governor thereupon shall make a proclamation announcing its completion, and from and after the proclamation the compilation referred to in the proclamation shall be in force and effect and, together with the "Idaho Code" published pursuant to Session Laws of 1947, Chapter 224, shall be received in all courts and by all justices, judges, public officers, commissions and departments of the state government and all others as evidence of the general laws of Idaho then existing and in force and effect, and as an authorized compilation of the general statutes, codes, and laws of Idaho and ancillaries thereto.
[73-209, added 1949, ch. 167, sec. 9, p. 355; am. 1953, ch. 250, sec. 4, p. 398.]
Copyright of all compilations shall be taken by and in the name of the publishing company which shall thereupon assign the same to the state of Idaho, and thereafter the same shall be owned by the state of Idaho. The commission is authorized and empowered to grant the use of the copyrights of the Idaho Code published pursuant to Session Laws of 1947, Chapter 224, and of all compilations authorized by this act, in connection with the performance of its said duties and obligations.
[73-210, added 1949, ch. 167, sec. 10, p. 355.]
The state of Idaho shall not sell any of the compilations purchased by it, but may at any time exchange the same with exchange libraries of other states and territories.
Bound volumes of the Idaho Code that have been replaced by republished volumes may be discarded or destroyed; pocket parts that have been superseded by more current issues may be discarded or destroyed.
[73-211, added 1949, ch. 167, sec. 11, p. 355; am. 1977, ch. 232, sec. 7, p. 690.]
Upon approval by the commission of any compilation and proclamation by the governor, the publishing company shall immediately deliver to the secretary of state of Idaho at Boise, Idaho, and such other places in Idaho designated by the secretary of state of Idaho, the number of sets of the compilation which the state of Idaho, through the state board of examiners, has determined to be necessary for its use. The secretary of state shall keep seventy-five (75) sets thereof for insertion in the sets of the Idaho Code reserved for the use of the members and officers of the legislature during times the legislature is in session, and distribute the remainder among such of the boards, institutions, officers and offices as shall be decided upon by the state board of examiners. Any remaining sets shall be kept by the secretary of state for subsequent sessions of the legislature, or be distributed as directed by the state board of examiners. The sets of all compilations, except those bound volumes which have been provided to members of the legislature under the provisions of section 67-909, Idaho Code, shall remain the property of the state of Idaho and be delivered by officers to their successors, and by legislators and legislative officers to the secretary of state, at the end of each session of the legislature so that the same may be used at subsequent sessions.
[73-212, added 1949, ch. 167, sec. 12, p. 355; am. 1957, ch. 136, sec. 1, p. 229; am. 1977, ch. 232, sec. 8, p. 690; am. 1979, ch. 157, sec. 2, p. 477.]
There is hereby levied a fee of ten dollars ($10.00) upon each civil action filed in the district court or in the magistrates’ division of the district court including matters involving decedents’ estates, whether testate or intestate, and including proceedings involving adoption and the appointment of a guardian of the person or of the estate or both. There is also hereby levied a fee of ten dollars ($10.00) upon each party, except the plaintiff, making an appearance in any civil action in the district court or in the magistrates’ division of the district court, except that no fee shall be levied or collected for an appearance in the small claims departments or for a proceeding under the summary administration of small estates act.
The clerks of the district courts and persons authorized by rule or administrative order of the supreme court are directed and required to remit all additional charges and fees authorized by this section and collected during a calendar month, to the state treasurer on or before the fifth day of the month following the calendar month of collection. The state treasurer shall place all such sums in the code fund for the following purposes:
From that portion of such sums pledged by section 73-214, Idaho Code, to pay the principal and interest on any treasury notes according to their priority issued under authority of this act. When any such treasury notes are issued and remain outstanding and unpaid and the state treasurer has sufficient moneys set aside as provided by section 73-214, Idaho Code, to pay the unpaid principal and interest of any treasury notes so issued and unpaid, the state treasurer, as soon as such notes may be paid by their terms, shall pay the same and shall certify such fact to the commission, and
To pay the cost of any compilations authorized under this act by the code commission, and
To pay the compensation and expenses of the code commission created by this act and its employees.
[73-213, added 1949, ch. 167, sec. 13, p. 355; am. 1953, ch. 250, sec. 5, p. 398; am. 1961, ch. 191, sec. 1, p. 286; am. 1969, ch. 137, sec. 1, p. 423; am. 1972, ch. 161, sec. 2, p. 360; am. 1979, ch. 219, sec. 4, p. 613; am. 1992, ch. 255, sec. 1, p. 742.]
Whenever treasury notes are issued and sold as provided in this act, they shall constitute an irrevocable and irrepealable contract between the state of Idaho and the owner of said treasury notes that the portion of the taxes and/or fees pledged for payment thereof provided by this act shall not be reduced so long as any of the treasury notes issued under this act remain outstanding and unpaid, and that the state will cause said taxes or fees to be promptly collected, and sufficient thereof set aside and applied as in this act provided to pay the annual interest and an amount of principal that will be equal to the total amount of the notes issued and outstanding divided by the number of years over which said notes are to be paid, to provide for the payment of such treasury notes and interest according to the terms and priority of issues thereof, and that the legislature shall not reduce the amount of such pledged tax or fee while any of said treasury notes are outstanding; but if all thereof be paid the legislature may reduce such tax or fee to be collected and pledged for payment of any future or new or additional issue of notes sold under this act after such reduction. Any holder of said treasury notes, or any person, or officer, being a party in interest, may by action either at law or in equity enforce and compel the performance of the duties of any officer or person herein mentioned, required by this act.
[73-214, added 1949, ch. 167, sec. 14, p. 335; am. 1953, ch. 250, sec. 6, p. 398; am. 1972, ch. 161, sec. 3, p. 360.]
There is hereby created in the hands of the state treasurer a fund to be known as the "Code Fund." All funds in the hands of the state treasurer credited to the "Idaho Code Fund" are hereby transferred, appropriated to and made a part of the code fund, together with any and all moneys now or hereafter remitted to and received by the state treasurer for deposit in the code fund pursuant to section 73-213, Idaho Code. At the beginning of each fiscal year those moneys in the Idaho code fund that exceed the prior year’s expenditures, excluding a transfer by appropriation, by twenty-five percent (25%) or more shall be transferred to the general fund.
[73-215, added 1949, ch. 167, sec. 15, p. 355; am. 2002, ch. 19, sec. 1, p. 24.]
The commission is hereby authorized to anticipate the proceeds of the collection of any or all of the taxes or fees provided for in this act, and when necessary is hereby authorized to cause to be issued "Code Fund Treasury Notes," bearing such rate of interest, not exceeding that provided by law, as the commission may determine, in such amounts which, together with the unencumbered or unobligated moneys in the Code Fund, shall not exceed in the aggregate the sum of three hundred thousand dollars ($300,000) to carry out the purposes of this act. Said treasury notes may be issued in serial form to mature at stated times not exceeding twenty (20) years from date of issuance, shall be signed by the chairman of the code commission, attested by the secretary thereof, shall be countersigned by the treasurer of the state of Idaho, and shall be in such form as approved by the attorney general.
[73-216, added 1949, ch. 167, sec. 16, p. 355; am. 1953, ch. 250, sec. 7, p. 398; am. 1961, ch. 191, sec. 2, p. 286; am. 1972, ch. 161, sec. 4, p. 360.]
The treasury notes shall be sold by the state treasurer to the highest bidder for cash at not less than par and accrued interest at such times and in such amounts as may be determined by the commission, after advertising the time and place of sale in such manner as the commission shall determine; provided, the treasury notes or any part thereof may be sold by the state treasurer at any time at private sale without advertisement, for not less than par and accrued interest. The state treasurer, with the approval of the commissioner of public investments and other officials whose approval is required by law for investment of public funds, may purchase for investment any or all the treasury notes at par and accrued interest.
[73-217, added 1949, ch. 167, sec. 17, p. 355.]
The proceeds of the sale of the treasury notes shall be placed to the credit of the code fund in the state treasury, except such amount as may be required to be paid as accrued interest, which amount shall be credited to a special interest fund for payment of interest on the treasury notes. The expenses incurred by the state treasurer in the preparation and sale of the treasury notes shall be paid out of the code fund. The balance of such proceeds and all moneys now or hereafter in said code fund shall be used exclusively for the purposes authorized by this act, and shall be paid out of warrants drawn by the state controller supported by vouchers of the commission.
Whenever any treasury notes are hereafter issued and outstanding, pursuant to this act, the state treasurer shall set up and keep separate accounts for payment of the interest required to be paid on such treasury notes and to provide a sinking fund for the payment of such treasury notes.
[73-218, added 1949, ch. 167, sec. 18, p. 355; am. 1953, ch. 250, sec. 8, p. 398; am. 1994, ch. 180, sec. 239, p. 574.]
All funds, appropriations and other moneys now or hereafter appropriated or provided by law for the purposes and administration of the functions, powers and duties of the code commission created by chapter 167, Laws of 1949, including those funds and moneys of the code fund and the code redemption fund, shall be and the same hereby are, respectively, transferred to the code fund created by chapter 167, Laws of 1949, and made available to and placed under the control of said code commission, and all such moneys accruing to or received into said fund are hereby appropriated to said code commission for expenditure by it in the administration and carrying out of the duties and purposes required of the said commission under the provisions of this act and to pay the compensation and expenses of the commission and its employees. The state controller is hereby authorized and directed to cause the foregoing transfers to be made. All such moneys shall be paid out on warrants drawn by the state controller as in this act provided, supported by vouchers prepared and approved by the code commission certified by its chairman, and approved by the state board of examiners.
[73-219, added 1949, ch. 167, sec. 19, p. 355; am. 1953, ch. 250, sec. 9, p. 398; am. 1955, ch. 59, sec. 2, p. 116; am. 1994, ch. 180, sec. 240, p. 574.]
The appropriations made in this act are expressly exempted from the provisions of the Standard Appropriations Act of 1945, (chapter 36 of title 67) from the provisions of section 67-2007 and 67-2008, from the provisions of section 67-3509, and from the provisions of sections 67-3516—67-3523, Idaho Code.
[73-220, added 1949, ch. 167, sec. 20, p. 355; am. 1953, ch. 250, sec. 10, p. 398.]
The commission shall, thirty (30) days prior to the time each regular session of the legislature shall convene, furnish to the governor and secretary of state a report of its proceedings, and an analysis of its financial requirements for the next ensuing year or biennium, and its recommendations. The commission shall furnish additional copies of such report as may be required by either of said officers.
[73-221, added 1949, ch. 167, sec. 21, p. 355; am. 1972, ch. 161, sec. 5, p. 360.]
Marital deduction formula clauses in wills executed prior to January 1, 1977, by persons who are residents of this state at the time of death shall be deemed to refer to the increased marital deduction allowed by the Internal Revenue Code of the United States, section 2056(c), as amended by the Tax Reform Act of 1976 (HR 10612).
[73-301, added 1978, ch. 358, sec. 2, p. 942.]
As used in this chapter unless the context otherwise requires:
(1) "Demonstrates" means meets the burdens of going forward with evidence, and persuasion under the standard of clear and convincing evidence.
(2) "Exercise of religion" means the ability to act or refusal to act in a manner substantially motivated by a religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
(3) "Government" includes this state and any agency or political subdivision of this state.
(4) "Political subdivision" includes any county, city, school district, taxing district, municipal corporation, or agency of a county, city, school district, or municipal corporation.
(5) "Substantially burden" means to inhibit or curtail religiously motivated practices.
[73-401, added 2000, ch. 133, sec. 2, p. 352.]
(1) Free exercise of religion is a fundamental right that applies in this state, even if laws, rules or other government actions are facially neutral.
(2) Except as provided in subsection (3) of this section, government shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability.
(3) Government may substantially burden a person’s exercise of religion only if it demonstrates that application of the burden to the person is both:
(a) Essential to further a compelling governmental interest;
(b) The least restrictive means of furthering that compelling governmental interest.
(4) A person whose religious exercise is burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. A party who prevails in any action to enforce this chapter against a government shall recover attorney’s fees and costs.
(5) In this section, the term "substantially burden" is intended solely to ensure that this chapter is not triggered by trivial, technical or de minimis infractions.
[73-402, added 2000, ch. 133, sec. 2, p. 353.]
(1) This chapter applies to all state laws and local ordinances and the implementation of those laws and ordinances, whether statutory or otherwise, and whether enacted or adopted before, on or after the effective date of this chapter.
(2) State laws that are enacted or adopted on or after the effective date of this chapter are subject to this chapter unless the law explicitly excludes application by reference to this chapter.
(3) This chapter shall not be construed to authorize any government to burden any religious belief.
[73-403, added 2000, ch. 133, sec. 2, p. 353.]
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application and to this end the provisions of this act are severable.
[73-404, added 2000, ch. 133, sec. 2, p. 353.]
This chapter shall be known and may be cited as the "Idaho Medical Freedom Act."
[73-501, added 2023, ch. 313, sec. 2, p. 953; am. 2025, ch. 318, sec. 2, p. 1328.]
As used in this chapter:
(1) "Business entity" means any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood, whether for profit or not-for-profit. "Business entity" shall include but not be limited to:
(a) Self-employed individuals, business entities filing articles of incorporation, partnerships, limited partnerships, limited liability companies, foreign corporations, foreign limited partnerships, foreign limited liability companies authorized to transact business in Idaho, business trusts, and any business entity that registers with the secretary of state; and
(b) Any business entity that possesses a business license, permit, certificate, approval, registration, charter, or similar form of authorization issued by the state; any business entity exempt by law from obtaining such a business license; and any business entity operating unlawfully without such a business license.
(2) "Foreign jurisdiction" means any state, commonwealth, country, or nation outside the state of Idaho.
(3) "Medical intervention" means a medical procedure, treatment, device, drug, injection, medication, or medical action taken to diagnose, prevent, or cure a disease or alter the health or biological function of a person.
(4) "School" means any public, private, or parochial preschool; any kindergarten, elementary, or secondary school; any postsecondary institute of education, including trade schools, colleges, and universities; or any other institute of primary, secondary, or higher learning operating in this state.
(5) "Ticket issuer" means an individual or entity providing tickets to an entertainment event, including any of the following:
(a) The operator of the venue where an entertainment event occurs;
(b) The sponsor or promoter of an entertainment event;
(c) A sports team participating in an entertainment event or a league whose teams are participating in an entertainment event;
(d) A theater company, musical group, or similar participant in an entertainment event; or
(e) An agent of any individual or entity described in this subsection.
[73-502, added 2023, ch. 313, sec. 2, p. 953; am. 2025, ch. 318, sec. 3, p. 1328.]
(1) A business entity doing business in the state of Idaho shall not refuse to provide any service, product, admission to a venue, or transportation to a person because that person has or has not received or used a medical intervention.
(2) A business entity doing business in the state of Idaho shall not require a medical intervention as a term of employment unless required by federal law or in such cases where the terms of employment include travel to foreign jurisdictions requiring a medical intervention as the only means of entry or where the terms of employment require entry into a place of business or facility in a foreign jurisdiction and such place of business or facility requires a medical intervention as the only means of entry. In any such instance where an employee is required to obtain or use a medical intervention due to travel to a foreign jurisdiction or entry into a place of business or facility in a foreign jurisdiction, said requirement shall either be included in a valid written employment contract between the employer and the employee or, when a written employment contract does not exist, advance written notice shall be provided to an impacted employee no less than fourteen (14) days prior to such employee being required to receive or use a medical intervention. Business entities that receive medicare or medicaid funding shall be exempt from the requirements of this subsection.
(3) A ticket issuer shall not penalize, discriminate against, or deny access to an entertainment event to a ticket holder because the ticket holder has or has not received or used a medical intervention.
(4) A school operating in the state or a business subject to chapter 11, title 39, Idaho Code, operating in the state shall not mandate a medical intervention for any person to attend, enter campus or buildings, or be employed, subject to the requirements of the Idaho parental rights act, sections 32-1010 through 32-1015, Idaho Code; sections 39-4801 through 39-4804, Idaho Code; and sections 33-205 and 33-512(7), Idaho Code. For the purposes of this subsection, private and parochial schools shall be considered as having the same authority as school districts under section 33-512(7), Idaho Code.
(5) Unless required by federal law, no state, county, or local government entity or official in Idaho shall require any person to receive or use a medical intervention.
(6) Unless required by federal law, no state, county, or local government entity or official in Idaho shall require any person to receive or use a medical intervention as a condition for:
(a) Receipt of any government benefit;
(b) Receipt of any government services;
(c) Receipt of any government-issued license or permit;
(d) Entrance into any public building;
(e) Use of public transportation; or
(f) A term of employment, provided that such entities that receive medicare or medicaid funding shall be exempt from the requirements of this paragraph.
(7) No state, county, or local government or business entity in Idaho shall provide or offer any different salary, hourly wage, or other ongoing compensation or benefits to an employee based on whether the employee has or has not received or used a medical intervention.
(8) The ability to require a medical intervention under this chapter is subject to other statutory or constitutional provisions regarding requests for medical interventions and requirements to provide reasonable accommodation.
(9) The prohibition on medical interventions shall not apply to any situation where personal protective equipment, items, or clothing are required by a business entity in the public or private sectors based on existing traditional and accepted industry standards or federal law. These exemptions to the prohibition on medical interventions shall not apply to or include any vaccines, mask requirements, or other medical interventions introduced during the COVID-19 pandemic.
(10) The provisions of this chapter may be enforced and injunctive relief may be pursued by either the attorney general or the prosecuting attorney for the county where a violation occurs. If a business entity or state, county, city, or local government entity in Idaho is found to have violated the provisions of this chapter, the attorney general or prosecuting attorney, as applicable, shall be awarded attorney’s fees and costs incurred in pursuing the enforcement action.
(11) A state agency shall not adopt any policy, administrative rule, or regulation that conflicts with the provisions of this chapter.
(12) Notwithstanding any other provision of law to the contrary, under no circumstance may a healthy person be excluded in a disease outbreak due to such person’s vaccination status.
[73-503, added 2023, ch. 313, sec. 2, p. 954; am. 2025, ch. 318, sec. 4, p. 1329.]
The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter.
[73-504, added 2023, ch. 313, sec. 2, p. 955.]
It shall be the public policy of this state to protect its citizens from the application of foreign laws when the application of a foreign law will result in the violation of a fundamental right guaranteed by the constitution of the United States or the constitution of the state of Idaho, including but not limited to due process, freedom of religion, speech, or the press, and any right of privacy or marriage embodied in the constitution of the state of Idaho.
[73-601, added 2026, ch. 183, sec. 1, p. 826.]
As used in this chapter:
(1) "Court" means any court, board, tribunal, arbitration, administrative agency, or other adjudicative or enforcement authority of this state.
(2) "Foreign law" means any law, legal code, or system adopted by a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. For the purposes of this chapter, "foreign law" shall not mean, nor shall it include, any laws of the Indian tribes in this state or the English common law.
(3) "Religious organization" means any church, seminary, synagogue, temple, mosque, religious order, or religious corporation, association, or society whose identity is distinctive in terms of common religious creed, beliefs, doctrines, practices, or rituals of any faith or denomination, including any organization qualifying as a church or religious organization under section 501(c)(3) or 501(d) of the Internal Revenue Code.
[73-602, added 2026, ch. 183, sec. 1, p. 826.]
Any court ruling or decision that violates the public policy of this state shall be void and unenforceable to the extent that the court bases its ruling or decision in the matter at issue, in whole or in part, on any foreign law that would not grant the parties affected by the ruling or decision similar fundamental liberties, rights, and privileges guaranteed under the constitution of the United States and the constitution of the state of Idaho, including but not limited to due process, freedom of religion, speech, or the press, and any right of privacy or marriage embodied in the constitution of the state of Idaho.
[73-603, added 2026, ch. 183, sec. 1, p. 827.]
A contract or contractual provision that provides for the choice of foreign law to govern some or all of the disputes between the parties adjudicated by a court or by an arbitration panel arising from the contract mutually agreed on that violates the public policy of this state shall be void and unenforceable if the foreign law chosen includes or incorporates substantive or procedural law, as applied to the dispute at issue, that would not grant the parties similar fundamental liberties, rights, and privileges guaranteed under the constitution of the United States and the constitution of the state of Idaho, including but not limited to due process, freedom of religion, speech, or the press, and any right of privacy or marriage embodied in the constitution of the state of Idaho.
[73-604, added 2026, ch. 183, sec. 1, p. 827.]
A contract or contractual provision that provides for jurisdiction for the purpose of granting the courts or arbitration panels in personam jurisdiction over the parties to adjudicate any disputes between the parties arising from the contract mutually agreed on shall violate the public policy of this state and be void and unenforceable if the jurisdiction or arbitration panel chosen includes or incorporates substantive or procedural foreign law, as applied to the dispute at issue, that would not guarantee the parties similar fundamental liberties, rights, and privileges guaranteed under the constitution of the United States and the constitution of the state of Idaho, including but not limited to due process, freedom of religion, speech, or the press, and any right of privacy or marriage embodied in the constitution of the state of Idaho.
[73-605, added 2026, ch. 183, sec. 1, p. 827.]
If a person, subject to personal jurisdiction in this state, seeks to maintain litigation, arbitration, agency, or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens violates or would likely violate a fundamental right guaranteed under the constitution of the United States or the constitution of the state of Idaho of the nonclaimant in the foreign forum with respect to the matter in dispute, the claim shall be denied.
[73-606, added 2026, ch. 183, sec. 1, p. 827.]
(1) This chapter shall not apply to a corporation, partnership, limited liability company, business association, or other legal entity to the extent that it contracts to subject itself to foreign law in a jurisdiction other than this state or the United States.
(2) This chapter shall not apply to a contract entered into prior to the effective date of this act.
(3) The provisions of this chapter shall not be construed to limit the right of any person to the free exercise of religion as guaranteed by the first amendment to the constitution of the United States and section 4, article I of the constitution of the state of Idaho. The provisions of this chapter shall not be construed to require or authorize any court to adjudicate or prohibit any religious organization from adjudicating ecclesiastical matters, including but not limited to the appointment, calling, discipline, dismissal, removal, or excommunication of a member, officer, official, priest, nun, monk, pastor, rabbi, imam, or other member of the clergy of the religious organization, or the determination or interpretation of the doctrine of the religious organization where adjudication by a court would violate the establishment or free exercise clause of the first amendment to the constitution of the United States and section 4, article I of the constitution of the state of Idaho.
[73-607, added 2026, ch. 183, sec. 1, p. 827.]
This chapter shall not be construed to conflict with any federal treaty or other international agreement to which the United States is a party, to the extent that such treaty or international agreement is valid and preempts or is superior to state law on the matter at issue.
[73-608, added 2026, ch. 183, sec. 1, p. 828.]
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