Amends existing law to authorize the Department of Commerce to use certain tax revenue to fund state institutions of higher education.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature Second Regular Session - 2026
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 861
BY WAYS AND MEANS COMMITTEE
AN ACT	1
RELATING TO THE DEPARTMENT OF COMMERCE; AMENDING SECTION 67-4703, IDAHO	2
CODE, TO PROVIDE FOR CERTAIN POWERS AND DUTIES OF THE DEPARTMENT OF	3
COMMERCE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-4715,	4
IDAHO CODE, TO REVISE PROVISIONS REGARDING THE DUTIES AND POWERS OF	5
THE TRAVEL AND CONVENTION INDUSTRY COUNCIL; AMENDING SECTION 67-4717,	6
IDAHO CODE, TO REVISE PROVISIONS REGARDING THE REGIONAL AND STATEWIDE	7
GRANT PROGRAM; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE	8
DATE.	9
Be It Enacted by the Legislature of the State of Idaho:	10
SECTION 1. That Section 67-4703, Idaho Code, be, and the same is hereby	11
amended to read as follows:	12
67-4703. POWERS AND DUTIES. The department of commerce shall have the	13
power and it shall be its duty to engage in advertising the state of Idaho,	14
its resources, both developed and undeveloped, its tourist resources and	15
attractions, its agricultural, mining, lumbering and manufacturing re-	16
sources, its health conditions and advantages, its scenic beauty and its	17
other attractions and advantages; and in general either directly, indi-	18
rectly or by contract do anything and take any action which will promote	19
and advertise the resources and products of the state of Idaho, develop its	20
resources and industries, promote tourist travel to and within the state of	21
Idaho, and further the welfare and prosperity of its citizens.	22
The department shall also have the following duties when it deals with	23
promoting economic development and tourism within the state:	24
(1) Survey To survey and investigate the social, economic and physi-	25
cal resources of the state, including land, water, minerals, facilities for	26
power, transportation, communications, recreation, health, education and	27
other resources and facilities; endeavor to aid the legislature and the cit-	28
izens of the state of Idaho in formulating a program for the development and	29
utilization of these resources and facilities, and for balancing our agri-	30
cultural, timber and mining economy with industrial capacity. It shall co-	31
operate with local and regional agencies within the state. It shall cooper-	32
ate with like agencies of other states, with agencies maintained by private	33
persons or corporations, and with agencies established or employed by the	34
United States to promote the development of the country and the welfare of	35
its people.	36
(2) To develop and promote a comprehensive international marketing	37
plan for Idaho's products.	38
(3) To collect and compile reliable data for general dissemination	39
which will tend to the development of the state of Idaho by inducing people	40
and capital to come within our borders.	41

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2
(4) Keep To keep accurate records and preserve all data collected by it,	1
and from time to time prepare and submit to the governor and the legislature,	2
reports, programs, recommendations and plans for the comprehensive, long-	3
range development, conservation and use of all the resources of the state of	4
Idaho. It shall make such special investigations as to resources, facili-	5
ties, and other matters as may be required by the governor or the legisla-	6
ture.	7
(5) Coordinate To coordinate those activities of local, state, federal	8
and private agencies and departments when they deal with the promotion of	9
Idaho's economic resources.	10
(6) To require and receive from the various executive departments and	11
public officials of the state of Idaho such information as may be required by	12
the division to enable it to fulfill its functions and carry out the purposes	13
of this act.	14
(7) Administer To administer and perform any other related functions or	15
activities assigned by the governor or the legislature.	16
(8) Enter To enter into interagency agreements with other state agen-	17
cies in developing economic and community plans and programs.	18
(9) Provide To provide technical assistance to other state agencies	19
upon request.	20
(10) Contract To contract with universities, consultants and other pub-	21
lic and private agencies to develop plans and programs.	22
(11) Prepare To prepare a comprehensive economic development strategy.	23
(12) Petition To petition for and receive moneys such as grants or	24
gifts, to be used for state or local planning and economic development activ-	25
ities.	26
(13) To award grants pursuant to section 67-4717, Idaho Code, including	27
to state institutions of higher education as defined in section 67-2332A,	28
Idaho Code, for projects or programs that promote economic development or	29
tourism within the state.	30
SECTION 2. That Section 67-4715, Idaho Code, be, and the same is hereby	31
amended to read as follows:	32
67-4715. DUTIES AND POWERS OF THE COUNCIL. (1) Consistent with the	33
general purposes of this chapter, the council shall advise the department	34
upon the establishment of policies to be followed in the accomplishments of	35
the purposes of this act.	36
(2) In the administration of this act, the council shall have the fol-	37
lowing duties, authorities and powers:	38
(a) To review and recommend acceptance or denial of local grant re-	39
quests submitted by nonprofit groups or organizations and state insti-	40
tutions of higher education, for uses consistent with the purposes of	41
this act. Such power shall include the right to approve disbursal of	42
the department moneys to such nonprofit groups and state institutions	43
of higher eduction under the grant program created by section 67-4717,	44
Idaho Code.	45
(b) To counsel and advise the department on matters concerning the pro-	46
motion and marketing of Idaho tourism, including, but not limited to the	47
following: (1) the type of promotion, (2) the media source of promo-	48

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tion, (3) market areas for promotion and (4) areas for travel and indus-	1
try emphasis.	2
(c) To encourage and assist in the coordination of the activities of	3
persons, firms, associations, corporations, civic groups and govern-	4
mental agencies engaged in publicizing, developing and promoting the	5
scenic attractions and tourist advantages of the state.	6
(d) To recommend such action as the council deems necessary and advis-	7
able in order to stabilize and promote the travel industry and the over-	8
all economic development of the state so as to benefit the health and	9
welfare of the public.	10
(e) To cooperate with any local, state, or national organization or	11
agency, whether voluntary or created by the law of any state or by fed-	12
eral legislation, engaged in activities similar to the work of the	13
council. The council may, through the department, enter into contracts	14
and agreements with such organizations or agencies for carrying on a	15
joint campaign of research, education and publicity.	16
(f) To adopt, rescind, modify and amend all necessary and proper or-	17
ders, resolutions and regulations for the procedure and exercise of its	18
powers and the performance of duties.	19
(g) To keep books, records and accounts of all its activities, which	20
books, records and accounts shall be open to inspection and audit. Such	21
books shall also be open to the public.	22
(h) To report annually its activities and expenditures to the economic	23
advisory council created by section 67-4704, Idaho Code.	24
SECTION 3. That Section 67-4717, Idaho Code, be, and the same is hereby	25
amended to read as follows:	26
67-4717. REGIONAL AND STATEWIDE GRANT PROGRAM. (1) There is hereby es-	27
tablished within the state of Idaho a travel and convention industry grant	28
program. Such program shall be administered jointly by the council and the	29
department. The source of funding for the program shall be from the assess-	30
ment imposed by section 67-4718, Idaho Code.	31
(2) Fifty percent (50%) of all funds derived from this act, less	32
one-half (1/2) of the administrative costs, shall be returned to local	33
nonprofit organizations having as their primary purpose the promotion of	34
travel and conventions within a planning region, to expend for the promotion	35
of travel and conventions within their area. Each planning region shall	36
be awarded grants totaling an amount equal to the regional proportion of	37
one-half (1/2) the total sum raised by the assessment imposed by section	38
67-4718, Idaho Code. No allocations to a planning region shall lapse, but	39
shall be continuously available for use for promotion purposes within the	40
planning region.	41
(3) The remaining fifty percent (50%) of all funds derived from this	42
act, less one-half (1/2) of the administrative costs, shall be expended by	43
the department for the promotion and development of statewide travel and	44
convention programs and to fund state institutions of higher education as	45
defined in section 67-2332A, Idaho Code, to promote economic development	46
within the state. The department shall be counseled and advised in its cre-	47
ation and execution of such programs by the council as provided by section	48
67-4712, Idaho Code.	49

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SECTION 4. An emergency existing therefor, which emergency is hereby	1
declared to exist, this act shall be in full force and effect on and after	2
July 1, 2026.	3

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