Amends existing law to make codifier's corrections.
CODIFIER'S CORRECTIONS -- Amends existing law to make codifier's corrections.
STATEMENT OF PURPOSE
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RS33175 / H0893 The purpose of this legislation is to make codifier and technical corrections to the Idaho Code. During the course of a session, the same code sections and chapters might be amended multiple times in different bills. These amendments cannot always be cleanly reconciled and incorporated into the Idaho Code. Rather, the changes can result in inconsistent numbering of statutes, irregular grammar, and “surplus punctuation” — for example, a comma that was not itself deleted in any bill but was associated with deleted language. In the annual Codifier bill, the Legislative Services Office corrects any such irregularities and also makes other technical corrections to the Idaho Code, such as revising grammar and punctuation, correcting inaccurate code references, and updating archaic language. Codifier and technical corrections are not substantive in nature and will not change the meaning or effect of any section or chapter being amended. This is merely “cleanup” legislation, intended to provide clarity to readers of the Idaho Code.
FISCAL NOTE
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This legislation has no fiscal impact beyond costs necessary to compile and print the bill. These are fixed costs covered in LSO’s budget
BILL TEXT
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LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 893 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO CODIFIER'S CORRECTIONS; AMENDING THE HEADING FOR CHAPTER 45,2 TITLE 18, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION3 18-4501, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION4 18-4503, IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER5 90, TITLE 18, IDAHO CODE, AS ENACTED BY SECTION 1, CHAPTER 252, LAWS OF6 2025, TO REDESIGNATE THE CHAPTER; AMENDING SECTION 19-307, IDAHO CODE,7 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 19-4705, IDAHO CODE,8 TO PROVIDE A CORRECT CODE REFERENCE; AMENDING SECTION 33-132, IDAHO9 CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 33-3732, IDAHO10 CODE, AS ENACTED BY SECTION 2, CHAPTER 70, LAWS OF 2025, TO REDESIGNATE11 THE SECTION; AMENDING CHAPTER 68, TITLE 33, IDAHO CODE, AS ENACTED BY12 SECTION 1, CHAPTER 55, LAWS OF 2025, TO REDESIGNATE THE CHAPTER; AMEND-13 ING SECTION 39-309, IDAHO CODE, TO REMOVE SURPLUS VERBIAGE; AMENDING14 SECTION 39-1102, IDAHO CODE, TO MAKE CODIFIER'S CORRECTIONS; AMENDING15 SECTION 39-1106, IDAHO CODE, TO REMOVE SURPLUS VERBIAGE; AMENDING SEC-16 TION 39-1392a, IDAHO CODE, TO REMOVE SURPLUS VERBIAGE; AMENDING SECTION17 39-3340, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION18 39-4117, IDAHO CODE, AS ENACTED BY SECTION 1, CHAPTER 221, LAWS OF 2025,19 TO REDESIGNATE THE SECTION; AMENDING SECTION 49-401A, IDAHO CODE, TO20 REMOVE A CODE REFERENCE; AMENDING SECTION 49-402, IDAHO CODE, TO MAKE A21 CODIFIER'S CORRECTION; AMENDING SECTION 49-402D, IDAHO CODE, TO MAKE A22 CODIFIER'S CORRECTION AND TO REMOVE SURPLUS VERBIAGE; AMENDING SECTION23 49-420T, IDAHO CODE, AS ENACTED BY SECTION 2, CHAPTER 172, LAWS OF 2025,24 TO REDESIGNATE THE SECTION AND TO MAKE A TECHNICAL CORRECTION; AMENDING25 SECTION 54-1421, IDAHO CODE, AS ENACTED BY SECTION 1, CHAPTER 187, LAWS26 OF 2025, TO REDESIGNATE THE SECTION; AMENDING SECTION 54-5802, IDAHO27 CODE, TO MAKE A CODIFIER'S CORRECTION AND TO REMOVE SURPLUS VERBIAGE;28 AMENDING SECTION 55-103, IDAHO CODE, TO MAKE A CODIFIER'S CORRECTION;29 AMENDING SECTION 55-3203, IDAHO CODE, TO REMOVE SURPLUS VERBIAGE;30 AMENDING SECTION 56-1003, IDAHO CODE, TO MAKE CODIFIER'S CORRECTIONS;31 AMENDING SECTION 56-1602, IDAHO CODE, TO MAKE A TECHNICAL CORRECTION;32 AMENDING CHAPTER 22, TITLE 56, IDAHO CODE, AS ENACTED BY SECTION 13,33 CHAPTER 84, LAWS OF 2025, TO REDESIGNATE THE CHAPTER; AMENDING SEC-34 TION 57-829, IDAHO CODE, AS ENACTED BY SECTION 1, CHAPTER 256, LAWS OF35 2025, TO REDESIGNATE THE SECTION; AMENDING SECTION 58-307, IDAHO CODE,36 TO REMOVE OBSOLETE LANGUAGE; AMENDING SECTION 63-3622XX, IDAHO CODE,37 AS ENACTED BY SECTION 1, CHAPTER 86, LAWS OF 2025, TO REDESIGNATE THE38 SECTION; AMENDING SECTION 67-827A, IDAHO CODE, TO MAKE CODIFIER'S COR-39 RECTIONS; AMENDING SECTION 67-2362, IDAHO CODE, AS ENACTED BY SECTION40 3, CHAPTER 6, LAWS OF 2025, TO REDESIGNATE THE SECTION; AMENDING SEC-41 TION 67-5242, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING42 SECTION 67-7602B, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE;43 AMENDING SECTION 67-9407, IDAHO CODE, AS ENACTED BY SECTION 2, CHAPTER44 83, LAWS OF 2025, TO REDESIGNATE THE SECTION; AMENDING CHAPTER 98, TI-45
2 TLE 67, IDAHO CODE, AS ENACTED BY SECTION 2, CHAPTER 107, LAWS OF 2025,1 TO REDESIGNATE THE CHAPTER; AMENDING SECTION 72-1330A, IDAHO CODE, AS2 ENACTED BY SECTION 17, CHAPTER 29, LAWS OF 2025, TO REDESIGNATE THE3 SECTION; AND DECLARING AN EMERGENCY, PROVIDING AN EFFECTIVE DATE, AND4 PROVIDING A SUNSET DATE.5
Be It Enacted by the Legislature of the State of Idaho:6
SECTION 1. That the Heading for Chapter 45, Title 18, Idaho Code, be,7 and the same is hereby amended to read as follows:8 CHAPTER 459 KIDNAPING KIDNAPPING10
SECTION 2. That Section 18-4501, Idaho Code, be, and the same is hereby11 amended to read as follows:12 18-4501. KIDNAPING KIDNAPPING DEFINED. Every person who wilfully:13 1. Seizes, confines, inveigles or kidnaps another, with intent to cause14 him, without authority of law, to be secretly confined or imprisoned within15 this state, or to be sent out of this state, or in any way held to service or16 kept or detained against his will; or,17 2. Leads, takes, entices away or detains a child under the age of six-18 teen (16) years, with intent to keep or conceal it from its custodial parent,19 guardian or other person having lawful care or control thereof, or with in-20 tent to steal any article upon the person of the child; or,21 3. Abducts, entices or by force or fraud unlawfully takes or carries22 away another at or from a place without the state, or procures, advises, aids23 or abets such an abduction, enticing, taking or carrying away, and after-24 wards sends, brings, has or keeps such person, or causes him to be kept or se-25 creted within this state; or,26 4. Seizes, confines, inveigles, leads, takes, entices away or kidnaps27 another against his will to extort money, property or any other thing of28 value or obtain money, property or reward or any other thing of value for the29 return or disposition of such person is guilty of kidnaping kidnapping.30
SECTION 3. That Section 18-4503, Idaho Code, be, and the same is hereby31 amended to read as follows:32 18-4503. SECOND DEGREE KIDNAPING KIDNAPPING WHEN NOT FOR RANSOM. Ev-33 ery other kidnaping kidnapping committed shall be kidnaping kidnapping in34 the second degree.35
SECTION 4. That Chapter 90, Title 18, Idaho Code, as enacted by Section36 1, Chapter 252, Laws of 2025, be, and the same is hereby amended to read as37 follows:38 CHAPTER 90 9139 ADVERTISING ILLEGAL DRUGS40 18-9001 18-9101. ADVERTISING ILLEGAL DRUGS PROHIBITED. (1) Any per-41 son who willfully publishes any commercial advertisement, in any medium,42
3 within the state of Idaho for marijuana, narcotics, or other psychoactive1 substances that are illegal under Idaho Code and illegal under the laws of2 the jurisdiction where the marijuana, narcotics, or other psychoactive sub-3 stances are provided, including federal, state, or local laws, is guilty of4 a misdemeanor, punishable in accordance with section 18-113, Idaho Code,5 with a fine of five hundred dollars ($500) to be imposed for each violation.6 Each day in which a violation of this section exists shall be considered a7 separate offense.8 (2) As used in this section, "commercial advertisement" means an ad-9 vertisement that encourages consumers to engage with products or services to10 benefit a commercial enterprise.11
SECTION 5. That Section 19-307, Idaho Code, be, and the same is hereby12 amended to read as follows:13 19-307. KIDNAPING KIDNAPPING AND SIMILAR OFFENSES. In any case where a14 person:15 1. Seizes, confines, inveigles or kidnaps another, with intent to cause16 him, without authority of law, to be secretly confined or imprisoned within17 this state, or to be sent out of this state, or in any way held to service or18 kept or detained against his will; or19 2. Leads, takes, entices away or detains a child under the age of six-20 teen (16) years, with intent to keep or conceal it from its custodial parent,21 guardian or other person having lawful care or control thereof, or with in-22 tent to steal any article upon the person of the child; or23 3. Abducts, entices or by force or fraud unlawfully takes or carries24 away another at or from a place without the state, or procures, advises, aids25 or abets such an abduction, enticing, taking or carrying away, and after-26 wards sends, brings, has or keeps such person, or causes him to be kept or se-27 creted within this state; or28 4. Seizes, confines, inveigles, leads, takes, entices away or kidnaps29 another against his will to extort money, property or any other things of30 value or obtain money, property or reward or any other thing of value for the31 return or disposition of such person; or32 5. Inveigles or entices any unmarried person of previous chaste charac-33 ter, under the age of eighteen (18) years, into any house of ill-fame, or of34 assignation, or elsewhere, for the purpose of prostitution, or to have il-35 licit carnal connection with any other person; and every person who aids or36 assists in such inveiglement or enticement; or37 6. Takes away any person under the age of eighteen (18) years from his or38 her father, mother, guardian, or other person having the legal charge of that39 person, without their consent, for the purpose of prostitution;40 Venue is in the county in which the offense is committed, or out of which41 the person upon whom the offense was committed may, in the commission of the42 offense, have been brought, or in which an act was done by the defendant in43 instigating, procuring, promoting, or aiding in the commission of the of-44 fense, or in abetting the parties concerned therein.45
SECTION 6. That Section 19-4705, Idaho Code, be, and the same is hereby46 amended to read as follows:47
4 19-4705. PAYMENT OF FINES AND FORFEITURES -- SATISFACTION OF JUDGMENT1 -- DISPOSITION -- APPORTIONMENT. (1) Except as otherwise provided in subsec-2 tion (2) of this section:3 (a) All fines and forfeitures collected pursuant to the judgment of4 any court of the state shall be remitted to the court in which the judg-5 ment was rendered. The judgment shall then be satisfied by entry in the6 docket of the court. The clerk of the court shall daily remit all fines7 and forfeitures to the county auditor, who shall at the end of each month8 apportion the proceeds according to the provisions of this chapter.9 Other existing laws regarding the disposition of fines and forfeitures10 are hereby repealed to the extent such laws are inconsistent with the11 provisions of this chapter, except as provided in section 49-1013(5),12 Idaho Code.13 (b) Fines and forfeitures remitted for violations of fish and game14 laws shall be apportioned two and one-half percent (2 1/2%) to the15 state treasurer for deposit in the state general fund, ten percent16 (10%) to the search and rescue account, twenty-two and one-half percent17 (22 1/2%) to the district court fund, and sixty-five percent (65%) to18 the public shooting range fund as provided in section 36-418, Idaho19 Code.20 (c) Fines and forfeitures remitted for violations of state motor ve-21 hicle laws, for violation of state driving privilege laws, and for22 violation of state laws prohibiting driving while under the influence23 of alcohol, drugs or any other intoxicating substances shall be appor-24 tioned ten percent (10%) to the state treasurer, of which eighty-six25 percent (86%) shall be deposited to the state general fund and fourteen26 percent (14%) shall be deposited to the peace officers standards and27 training fund authorized in section 19-5116, Idaho Code, forty-five28 percent (45%) to the state treasurer for deposit in the highway distri-29 bution account, twenty-two and one-half percent (22 1/2%) to the dis-30 trict court fund, and twenty-two and one-half percent (22 1/2%) to the31 state treasurer for deposit in the public school income fund; provided,32 however, that fines and forfeitures remitted for violation of state mo-33 tor vehicle laws, for violation of state driving privilege laws, and for34 violation of state laws prohibiting driving while under the influence35 of alcohol, drugs or any other intoxicating substances, where an arrest36 is made or a citation is issued by a city law enforcement official or by37 a law enforcement official of a governmental agency under contract to38 provide law enforcement services for a city, shall be apportioned ten39 percent (10%) to the state treasurer, of which eighty-six percent (86%)40 shall be deposited to the state general fund and fourteen percent (14%)41 shall be deposited to the peace officers standards and training fund42 authorized in section 19-5116, Idaho Code, and ninety percent (90%) to43 the city whose officer made the arrest or issued the citation.44 (d) Fines and forfeitures remitted for violation of any state law not45 involving fish and game laws, motor vehicle laws, state driving privi-46 lege laws, or state laws prohibiting driving while under the influence47 of alcohol, drugs or any other intoxicating substances shall be appor-48 tioned ten percent (10%) to the state treasurer, of which eighty-six49 percent (86%) shall be deposited to the state general fund and fourteen50
5 percent (14%) shall be deposited to the peace officers standards and1 training fund authorized in section 19-5116, Idaho Code, and ninety2 percent (90%) to the district court fund of the county in which the vio-3 lation occurred.4 (e) Fines and forfeitures remitted for violation of county ordinances5 shall be apportioned ten percent (10%) to the state treasurer, of which6 eighty-six percent (86%) shall be deposited to the state general fund7 and fourteen percent (14%) shall be deposited to the peace officers8 standards and training fund authorized in section 19-5116, Idaho Code,9 and ninety percent (90%) to the district court fund of the county whose10 ordinance was violated.11 (f) Fines and forfeitures remitted for violation of city ordinances12 shall be apportioned ten percent (10%) to the state treasurer, of which13 eighty-six percent (86%) shall be deposited to the state general fund14 and fourteen percent (14%) shall be deposited to the peace officers15 standards and training fund authorized in section 19-5116, Idaho Code,16 and ninety percent (90%) to the city whose ordinance was violated.17 (g) Fines and forfeitures remitted for violations not specified in this18 chapter shall be apportioned ten percent (10%) to the state treasurer,19 of which eighty-six percent (86%) shall be deposited to the state gen-20 eral fund and fourteen percent (14%) shall be deposited to the peace of-21 ficers standards and training fund authorized in section 19-5116, Idaho22 Code, and ninety percent (90%) to the district court fund of the county23 in which the violation occurred, except in cases where a duly designated24 officer of any city police department or city law enforcement official25 made the arrest for any such violation, in which case ninety percent26 (90%) shall be apportioned to the city whose officer made the arrest.27 (h) Fines and forfeitures remitted for violations involving any of the28 provisions of chapter 71, title 67, Idaho Code, shall be apportioned ten29 percent (10%) to the state treasurer, of which eighty-six percent (86%)30 shall be deposited to the state general fund and fourteen percent (14%)31 shall be deposited to the peace officers standards and training fund au-32 thorized in section 19-5116, Idaho Code, and ninety percent (90%) to the33 general fund of the county or city whose law enforcement official issued34 the citation.35 (i) Fines and forfeitures remitted for violations of overweight laws36 as provided in section 49-1013(3), Idaho Code, shall be deposited one37 hundred percent (100%) into the highway distribution account.38 (j) Fines remitted for violations of section 18-7008, Idaho Code, shall39 be apportioned ten percent (10%) to the district court fund, sixty-five40 percent (65%) to the county where the trespass occurred for appropria-41 tion to the sheriff's office, and twenty-five percent (25%) to the Idaho42 rangeland resources commission for expanded education programs regard-43 ing private property rights and land user responsibility.44 (k) Fines remitted for violations of section 18-9001 18-9101, Idaho45 Code, shall be apportioned ninety percent (90%) to the county where the46 violation occurred for appropriation to the sheriff's office and ten47 percent (10%) to the district court fund of the county where the viola-48 tion occurred.49
6 (2) Any fine or forfeiture remitted for any misdemeanor violation for1 which an increase in the maximum fine became effective on or after July 1,2 2005, shall be apportioned as follows:3 (a) Any funds remitted, up to the maximum amount that could have been4 imposed before July 1, 2005, as a fine for the misdemeanor violation5 shall be apportioned according to the applicable provisions of subsec-6 tion (1) of this section; and7 (b) Any other funds remitted, in excess of the maximum amount that could8 have been imposed before July 1, 2005, as a fine for the misdemeanor vi-9 olation shall be remitted to the state treasurer and shall be deposited10 in the drug court, mental health court and family court services fund as11 set forth in section 1-1625, Idaho Code.12 (3) As used in this section, the term "city law enforcement official"13 shall include an official of any governmental agency providing law enforce-14 ment services to a city in accordance with the terms of a contract or agree-15 ment, when such official makes the arrest or issues a citation within the ge-16 ographical limits of the city and when the contract or agreement provides for17 payment to the city of fines and forfeitures resulting from such service.18
SECTION 7. That Section 33-132, Idaho Code, be, and the same is hereby19 amended to read as follows:20 33-132. LOCAL SCHOOL BOARDS -- INTERNET FILTERING REQUIRED. (1) As21 a condition for receiving moneys from the state general fund, each local22 school district and public charter school shall have internet content fil-23 ters that shall be included as part of any wireless internet access made24 available to children. The content filters shall:25 (a) Prohibit and prevent the use of school computers and other school26 owned technology-related services from sending, receiving, viewing, or27 downloading materials that are deemed to be harmful to minors, as de-28 fined by section 18-1514, Idaho Code; and29 (b) Filter or block internet access to obscene materials, materials30 harmful to minors, and materials that depict the sexual exploitation of31 a minor, as defined in chapter 15, title 18, Idaho Code.32 (2) The filtering solution shall be configurable to school district and33 public charter school policies regarding acceptable, age appropriate inter-34 net content. The content filtering shall include the ability:35 (a) For each school district and public charter school to manage its36 own filtering policies, including the decision to block specific cate-37 gories of content and to maintain its own whitelist and blacklist over-38 rides;39 (b) To provide individual school district and public charter school40 utilization and filtering reports, including the most frequently41 visited websites, the most frequently visited categories, the most fre-42 quently blocked websites, the most frequently used search terms, and43 the top authenticated users;44 (c) To audit all changes to content filtering; and45 (d) For all reporting and management of content filtering to be avail-46 able through any internet-connected browser and efficiently perform47 all content filtering functions.48
7 (3) A school district or public charter school may offer digital or on-1 line library resources to students in kindergarten through grade 12 only if2 the vendor or other person or entity providing the resources verifies that3 all the resources will comply with the provisions of subsection (4) of this4 section.5 (4) Digital or online library resources offered by school districts or6 public charter schools to students in kindergarten through grade 12 shall7 have safety policies and technology protection measures that:8 (a) Prohibit and prevent a user from sending, receiving, viewing, or9 downloading materials that are deemed to be harmful to minors, as de-10 fined in section 18-1514, Idaho Code; and11 (b) Filter or block access to obscene materials, materials harmful to12 minors, and materials that depict the sexual exploitation of a minor, as13 defined in chapter 15, title 18, Idaho Code.14 (5) Notwithstanding any contract provision to the contrary, if a15 provider of digital or online library resources fails to comply with the re-16 quirements of subsection (4) of this section, the school district or public17 charter school may withhold further payments, if any, to the provider pend-18 ing verification of compliance with the provisions of subsection (4) of this19 section.20 (6) If a provider of digital or online library resources fails to timely21 verify that the provider is in compliance with the requirements of subsec-22 tion (4) of this section, the school district or public charter school may23 consider the provider's act of noncompliance a breach of contract.24 (7) School districts and public charter Schools schools shall have25 policies that:26 (a) Establish appropriate disciplinary measures to be taken against27 persons violating the policy provided for in this section;28 (b) Include a component of internet safety for students that is inte-29 grated into the school district's or public charter school's instruc-30 tional program; and31 (c) Inform the public that administrative procedures have been adopted32 to enforce the policy provided for in this section and to handle com-33 plaints about such enforcement, and that such procedures are available34 for review at the school district or public charter school office.35 (8) The policy provided for in subsection (1) of this section may in-36 clude terms, conditions, and requirements deemed appropriate by the school37 district's board of trustees or the public charter school's governing board,38 including but not limited to requiring written parental authorization for39 internet use by minors or differentiating acceptable uses among elementary,40 middle, and high school students.41 (9) The district's superintendent is hereby authorized to take reason-42 able measures to implement and enforce the provisions of this section.43
SECTION 8. That Section 33-3732, Idaho Code, as enacted by Section 2,44 Chapter 70, Laws of 2025, be, and the same is hereby amended to read as fol-45 lows:46 33-3732 33-3733. TITLE IX COMPLIANCE IN HIGHER EDUCATION. (1) For the47 purposes of this section:48
8 (a) "Institution of higher education" means any public postsecondary1 institution, including but not limited to universities, colleges, and2 community colleges, operating within the state of Idaho that receives3 federal financial assistance.4 (b) "Office for civil rights" means the federal agency responsible for5 enforcing title IX compliance within educational institutions.6 (c) "President" means the chief executive officer or equivalent high-7 est-ranking official of an institution of higher education in the state8 of Idaho, without regard to the specific title of such individual.9 (d) "Title IX" means title IX of the education amendments of 1972 (2010 U.S.C. 1681 et seq.), and all applicable federal regulations duly pro-11 mulgated by any federal department or agency pursuant to the same.12 (e) "Title IX compliance" means the policies, procedures, actions, and13 investigations required by title IX to ensure that an institution of14 higher education is in compliance with title IX.15 (2) The president of each institution of higher education in Idaho16 shall have the exclusive authority and duty to implement all title IX compli-17 ance. When necessary, the president of an institution of higher education18 may delegate specific tasks or duties related to title IX to designated19 staff reporting to the office of the president, provided that the president20 approves any final decision or action on any title IX related task or duty.21 To carry out this provision, the president of each institution of higher22 education in Idaho shall:23 (a) Establish policies to implement the requirements of title IX and24 corresponding binding federal regulations issued by the United States25 department of education and the office for civil rights. Such policies26 shall be narrowly tailored to meet only the minimum requirements of ti-27 tle IX; and28 (b) Ensure that all complaints filed with the institution of higher29 education pursuant to title IX are promptly investigated in accordance30 with title IX regulations. The president shall review and approve any31 decisions regarding sanctions, accommodations, or disciplinary ac-32 tions arising from title IX complaints.33 (3) The president of each institution of higher education shall pre-34 pare and submit a report to the Idaho state board of education and the Idaho35 legislative services office no later than July 1 of each year, which report36 shall include:37 (a) The number of title IX complaints received during the previous aca-38 demic year. The report shall also include the number of investigations39 conducted and a description of the outcomes of all investigations;40 (b) Copies of all title IX-related policies and procedures of the in-41 stitution of higher education, which shall conspicuously highlight any42 changes made to such policies and procedures during the previous year;43 (c) A summary of interim measures taken to protect complainants and the44 accused during the time an investigation is pending; and45 (d) A summary of all corrective actions taken to address failures in ti-46 tle IX compliance.47
SECTION 9. That Chapter 68, Title 33, Idaho Code, as enacted by Section48 1, Chapter 55, Laws of 2025, be, and the same is hereby amended to read as49 follows:50
9 CHAPTER 68 691 DISTRACTION-FREE LEARNING2 33-6801 33-6901. DEFINITIONS. As used in this chapter:3 (1) "Electronic communications device" means any device that uses4 electronic signals to create, transmit, and receive information, including5 cellular telephones.6 (2) "School building" means any structure in which any instruction, ex-7 tracurricular activities, or training provided by a school is conducted.8 (3) "School grounds or premises" means the parcel of real property on9 which any school building is located and any other parcel of real property10 that is owned or leased by the local school district or public charter school11 on which any instruction, extracurricular activities, or training of the12 school is conducted.13 (4) "School hours" means the designated period of the day when school is14 open and in operation.15 33-6802 33-6902. DISTRACTION-FREE LEARNING. (1) No later than Decem-16 ber 31, 2025, every local school board and public charter school shall adopt17 a policy governing the use of electronic communications devices by students18 in school buildings and on school grounds or premises during school hours.19 The policy shall:20 (a) Emphasize that student use of electronic communications devices21 be as limited as possible in school buildings and on school grounds or22 premises during school hours; and23 (b) Reduce distractions related to the use of electronic communica-24 tions devices in classroom settings during school hours.25 (2) The provisions of this section shall not be construed to require a26 local school board or public charter school to adopt a policy that prohibits27 all use of electronic communications devices by students. However, local28 school boards and public charter schools may adopt a policy prohibiting stu-29 dents from carrying electronic communications devices in school buildings30 and on school grounds or premises during school hours. A local school board31 or public charter school that adopts such policy shall be considered to have32 met the requirement to adopt a policy under this section.33 (3) A policy adopted pursuant to the provisions of this section may34 provide for exceptions to the use of electronic communications devices,35 including but not limited to accommodations for individualized education36 programs. Each policy shall specify any disciplinary measures for viola-37 tions of the policy.38 (4) Every local school board and public charter school shall make the39 policy it adopts pursuant to the provisions of this section publicly avail-40 able and display such policy prominently on its public website.41
SECTION 10. That Section 39-309, Idaho Code, be, and the same is hereby42 amended to read as follows:43 39-309. PAYMENT FOR TREATMENT -- FINANCIAL ABILITY OF PATIENTS. (1) An44 individual receiving substance use disorder services through the department45 shall be responsible for paying for the services received. The financial re-46
10 sponsibility for each service shall be based on the individual's ability to1 pay as determined by the department.2 (2) If treatment is provided by the department and the patient has not3 paid the charge for the treatment, the department is entitled to any income4 or payment received by the patient or to which he may be entitled for the ser-5 vices rendered, and to any payment from any public or private source avail-6 able to the department because of the treatment provided to the patient.7 (3) A patient in an approved treatment facility, or the estate of the8 patient, or a person obligated to provide for the cost of treatment and hav-9 ing sufficient financial ability, is liable to the department for the cost of10 transportation, maintenance and treatment of the patient therein in accor-11 dance with rates established by the department. (4) may12
SECTION 11. That Section 39-1102, Idaho Code, be, and the same is hereby13 amended to read as follows:14 39-1102. DEFINITIONS. As used in this chapter:15 (1) "Board" means the Idaho board of health and welfare.16 (2) "Child" means a person less than thirteen (13) years of age.17 (3) "Daycare" means care and supervision provided for compensation18 during part of a twenty-four (24) hour day, for a child or children not19 related by blood, marriage or legal guardianship to the person or persons20 providing the care, in a place other than the child's or children's own home21 or homes.22 (4) "Daycare center" means a place or facility providing daycare for23 compensation for thirteen (13) or more children.24 (5) "Daycare facility" means a place or facility providing daycare25 services for compensation to seven (7) or more children not related to the26 provider.27 (6) "Department" means the Idaho department of health and welfare.28 (7) "Employee" means any person working for compensation in a facility29 that provides daycare.30 (8) "Family daycare home" means a home, place, or facility providing31 daycare for six (6) or fewer children.32 (9) "Group daycare facility" means a home, place, or facility providing33 daycare for seven (7) to twelve (12) children.34 (10) "Group size" means the maximum number of children in one (1) group35 or classroom.36 (11) "Mixed age group" means a care group that includes children of mul-37 tiple ages.38 (12) "Operator" means a person who operates or maintains a licensed day-39 care facility.40 (13) "Owner" means a person, group of individuals, or entity that has41 legal control and authority over a daycare business.42 (14) "Provider" means a person who provides care and supervision at a43 daycare facility and is included in the child:staff ratio.44 (15) "Ratio" means the number of staff required to supervise a certain45 number of children.46 (16) "Single age group" means a care group that includes children of47 similar age.48
11 (17) "Staff" means anyone who is sixteen (16) years of age or older who1 is employed by a daycare facility to provide care and supervision. "Staff"2 includes operators, owners, and providers.3 (14) (18) "Supervision" means:4 (a) For a child less than five (5) years of age, a provider is within5 sight or normal hearing range of the child and near enough to render im-6 mediate assistance to the child;7 (b) For a child five (5) years of age and older, a provider is within8 sight or normal hearing range of the child as appropriate to the child's9 individual age, needs, and capabilities; and10 (c) Notwithstanding paragraph (b) of this subsection, for all children11 while sleeping, swimming or engaging in other water activity involving12 a pool, hot tub, or other body of water, or on field trips or activities13 away from the facility, a provider is within sight and normal hearing14 range of the child.15 (15) (18) (19) "Training" means continuing education in child develop-16 ment areas relating to child care.17
SECTION 12. That Section 39-1106, Idaho Code, be, and the same is hereby18 amended to read as follows:19 39-1106. ISSUANCE OF LICENSE -- RENEWAL. (1) Upon receipt of the com-20 pleted application, inspection certificates and the criminal history, the21 department shall, upon a finding of compliance with the standards set forth22 in this chapter, issue a basic daycare license to the applicant within sixty23 (60) days. The license shall be valid for two (2) years, unless suspended24 or revoked, and be posted in a conspicuous place at the daycare facility.25 revoked or suspended26 (2) The department shall send a renewal application to the owner of the27 daycare facility no later than ninety (90) days prior to the expiration of28 an existing license. The owner shall submit to the department the renewal29 application with the required renewal fee and a criminal history check prior30 to the expiration of the existing license. A complete criminal history check31 shall be provided for any new persons requiring a criminal history check in32 accordance with section 39-1105, Idaho Code.33 (3) Criminal history checks on those persons under eighteen (18) years34 of age shall include a check of the juvenile justice records of adjudications35 of the magistrate division of the district court, county probation services36 and department records as authorized by the minor and his parent or guardian.37 (4) The department shall maintain a list of all licensees for public38 use.39 (5) Submission of a renewal application, fee and required criminal40 history check shall entitle the daycare facility owner to continue daycare41 services, subject to action by the department pursuant to section 39-1113,42 Idaho Code.43
SECTION 13. That Section 39-1392a, Idaho Code, be, and the same is44 hereby amended to read as follows:45 39-1392a. DEFINITIONS. The following terms shall have the following46 meanings when used in this section:47
12 (1) "Emergency medical services personnel" means emergency medical1 services providers and ambulance-based clinicians licensed pursuant to2 chapter 9, title 46, Idaho Code.3 (2) "Group medical practice" means a partnership, corporation, limited4 liability company, or other association formed for the purpose of offering5 health care services through physicians and other licensed or otherwise au-6 thorized health care providers who are partners, shareholders, members, em-7 ployees, or contractors of such group medical practice.8 (3) "Health care organization" means a hospital, in-hospital medical9 staff committee, medical society, managed care organization, licensed emer-10 gency medical service, group medical practice, residential care facility or11 skilled nursing facility.12 (4) "Hospital" means a facility in Idaho as defined in section 39-1301,13 Idaho Code. 39-131314 (5) "In-hospital medical staff committees" means any individual doctor15 who is a hospital staff member, or any hospital employee, or any group of such16 doctors and/or hospital employees, who are duly designated a committee by17 hospital staff bylaws, by action of an organized hospital staff, or by action18 of the board of directors of a hospital, and which committee is authorized19 by said bylaws, staff or board of directors, to conduct research or study of20 hospital patient cases, or of medical questions or problems using data and21 information from hospital patient cases.22 (6) "Licensed emergency medical service" means an ambulance service or23 a nontransport service licensed pursuant to chapter 9, title 46, Idaho Code.24 (7) "Managed care organization" means a public or private person or or-25 ganization that offers a managed care plan.26 (8) "Managed care plan" means a contract of coverage given to an indi-27 vidual, family or group of covered individuals pursuant to which a member is28 entitled to receive a defined set of health care benefits through an orga-29 nized system of health care providers in exchange for defined consideration30 and which requires the member to use, or creates financial incentives for the31 member to use, health care providers owned, managed, employed by or under32 contract with the managed care organization.33 (9) "Medical society" means any duly constituted, authorized and rec-34 ognized professional society or entity made up of physicians licensed to35 practice medicine in Idaho, having as its purpose the maintenance of high36 quality in the standards of health care provided in Idaho or any region or37 segment of the state, operating with the approval of the Idaho state board38 of medicine, or any official committee appointed by the Idaho state board of39 medicine.40 (10) "Patient care records" means written or otherwise recorded, pre-41 served and maintained records of the medical or surgical diagnostic, clini-42 cal, or therapeutic care of any patient treated by or under the direction of43 licensed professional personnel, including emergency medical services per-44 sonnel, in every health care organization subject to this act, whether as an45 inpatient or outpatient of the health care organization.46 (11) "Peer review" means the collection, interpretation and analysis of47 data by a health care organization for the purpose of bettering the system48 of delivery of health care or to improve the provision of health care or to49 otherwise reduce patient morbidity and mortality and improve the quality of50
13 patient care. Peer review activities by a health care organization include,1 without limitation:2 (a) Credentialing, privileging or affiliating of health care providers3 as members of, or providers for, a health care organization;4 (b) Quality assurance and improvement, patient safety investigations5 and analysis, patient adverse outcome reviews, and root-cause analysis6 and investigation activities by a health care organization; and7 (c) Professional review action, meaning an action or recommendation8 of a health care organization which is taken or made in the conduct of9 peer review, that is based on the competence or professional conduct of10 an individual physician or emergency medical services personnel where11 such conduct adversely affects or could adversely affect the health12 or welfare of a patient or the physician's privileges, employment or13 membership in the health care organization or in the case of emergency14 medical services personnel, the emergency medical services personnel's15 scope of practice, employment or membership in the health care organ-16 ization.17 (12) "Peer review records" means all evidence of interviews, reports,18 statements, minutes, memoranda, notes, investigative graphs and compila-19 tions and the contents thereof, and all physical materials relating to peer20 review of any health care organization. "Peer review records" does not mean21 or include patient care records; provided however, that the records relating22 to the identification of which particular patient care records were selected23 for, or reviewed, examined or discussed in peer review by a health care or-24 ganization and the methodology used for selecting such records shall be con-25 sidered peer review records.26 (13) "Skilled nursing facility" means a facility licensed under chapter27 13, title 39, Idaho Code, to provide skilled care to recipients.28
SECTION 14. That Section 39-3340, Idaho Code, be, and the same is hereby29 amended to read as follows:30 39-3340. LICENSING. (1) Any person, firm, partnership, association,31 governmental unit, or corporation within the state proposing to operate, es-32 tablish, manage, conduct, or maintain a residential care or assisted living33 facility in the state shall have a license issued by the licensing agency of34 the department. A license is not transferable. The owner of the license has35 ultimate responsibility for the operation of the facility.36 (2) Each residential care or assisted living facility in the state re-37 quires an administrator, properly licensed by the division of occupational38 and professional licenses. The licensed administrator may perform the day-39 to-day responsibilities at the facility or may delegate all day-to-day re-40 sponsibilities to a facility manager. A licensed administrator may serve up41 to three (3) multiple facilities and delegate all day-to-day responsibili-42 ties to on-site managers.43 (3) All facilities must be licensed by the department.44 (a) Change of building ownership, new construction, or buildings being45 converted to a facility shall be licensed, and the operator shall follow46 the application procedures and obtain a license before commencing oper-47 ation as a facility.48
14 (b) When there is a change of operator or lessee in currently licensed1 buildings, the operator or lessee shall follow the licensing process2 for currently licensed buildings. Facilities shall submit requested3 licensing documents to the department. Any company or individual es-4 tablished in the state of Idaho with at least one (1) operating facility5 shall not be required to submit an updated copy of policies and pro-6 cedures. The licensing process shall not require a fire life safety7 inspection prior to license issuance. Within one hundred eighty (180)8 days of license issuance fire life safety shall inspect and provide rec-9 ommendations, if any, to the new operator or lessee.10 (c) Any minor change of ownership of existing buildings shall be commu-11 nicated to the department within sixty (60) days of the change.12 (d) Exceptions to the provisions of this section may be made by the de-13 partment for temporary management.14
SECTION 15. That Section 39-4117, Idaho Code, as enacted by Section 1,15 Chapter 221, Laws of 2025, be, and the same is hereby amended to read as fol-16 lows:17 39-4117 39-4119. LIVE VIRTUAL RE-INSPECTIONS. (1) Except as otherwise18 provided for in this section, the division and local governments shall be au-19 thorized to perform live virtual re-inspections at their discretion.20 (2) When conducting a live virtual re-inspection pursuant to this21 section, the division or a local government shall, with respect to each22 re-inspection, verify the address or physical location of such re-inspec-23 tion. Such verification may be made by showing the physical address or other24 identifying features of the location where the live virtual re-inspection is25 taking place.26 (3) Neither the division nor local governments shall use live virtual27 re-inspections for structural inspections on buildings that are three (3)28 stories or greater.29 (4) For purposes of this section:30 (a) "Live virtual inspection" means a form of visual inspection that31 uses real time visual or electronic aids to allow an inspector who is en-32 forcing a building code to perform an inspection without having to be33 physically present at the job site during the inspection.34 (b) "Live virtual re-inspection" means a live virtual inspection per-35 formed following a previous inspection by an inspector who was physi-36 cally present at the location subject to such re-inspection.37
SECTION 16. That Section 49-401A, Idaho Code, be, and the same is hereby38 amended to read as follows:39 49-401A. OWNER TO SECURE REGISTRATION FROM A COUNTY ASSESSOR OR THE40 DEPARTMENT. (1) Every owner of a motor vehicle, trailer or semitrailer who41 intends to operate the vehicle upon any highway in this state shall, before42 the same is so operated, apply to a county assessor or to the department or43 an agent of the department and obtain registration for vehicles pursuant to44 sections 49-402(1) through (3), 49-402A, 49-402B and 49-422, Idaho Code.45 All others shall be obtained from the department except as provided in sub-46 section (2) of this section. Owners of vehicles specified in section 49-426,47
15 Idaho Code, are exempt from the provisions of this section. Owners of vehi-1 cles operating on a temporary basis as provided in sections 49-431(3), and2 49-432 and 49-433, Idaho Code, are exempt from the provisions of this section3 to the extent that the temporary permits in use are unexpired.4 (2) Commercial vehicles in excess of twenty-six thousand (26,000)5 pounds gross weight, farm and noncommercial vehicles in excess of sixty6 thousand (60,000) pounds gross weight and all vehicles registered under7 section 49-435, Idaho Code, shall be registered by the department. All other8 commercial, farm and noncommercial vehicles and the vehicles in paragraphs9 (a), (b), and (c) of this subsection shall be registered by the county asses-10 sor or by the department or an agent of the department.11 (a) Motor vehicles equipped primarily to haul passengers on a commer-12 cial basis, doing strictly an intrastate business, and having gross13 weights of twenty-six thousand (26,000) pounds or less.14 (b) Any farm vehicle or combination of vehicles where each vehicle or15 combination of vehicles shall not exceed a gross weight of sixty thou-16 sand (60,000) pounds.17 (c) Nonresident vehicles or combination of vehicles owned by transient18 labor used in hauling unprocessed agricultural products for hire and19 not exceeding sixty thousand (60,000) pounds gross weight shall regis-20 ter their vehicle for the appropriate gross weight scale for the annual21 fee if registered on or before June 30 and for one-half (1/2) the annual22 fee if not registered until on or after July 1 of any year, with the as-23 sessor of the county in which the owner resides.24 (3) Commercial, farm and noncommercial vehicles of any weight doing25 strictly an intrastate business may be registered by the county assessor or26 by the department or an agent of the department by mutual agreement between27 the department and the county.28
SECTION 17. That Section 49-402, Idaho Code, be, and the same is hereby29 amended to read as follows:30 49-402. ANNUAL REGISTRATION. (1) The annual fee for operating each31 pickup truck, each neighborhood electric vehicle and each other motor ve-32 hicle having a maximum gross weight not in excess of eight thousand (8,000)33 pounds and that complies with the federal motor vehicle safety standards as34 defined in section 49-107, Idaho Code, shall be:35 Vehicles one (1) and two (2) years old .........................$69.0036 Vehicles three (3) and four (4) years old ......................$57.0037 Vehicles five (5) and six (6) years old ........................$57.0038 Vehicles seven (7) and eight (8) years old .....................$45.0039 Vehicles over eight (8) years old .............................$45.0040 There shall be twelve (12) registration periods, starting in January41 for holders of validation registration stickers numbered 1, and proceed-42 ing consecutively through December for holders of validation registration43 stickers numbered 12, each of which shall start on the first day of a calen-44 dar month and end on the last day of the twelfth month from the first day of45 the beginning month. Registration periods shall expire at midnight on the46 last day of the registration period in the year designated by the validation47 registration sticker. The numeral digit on the validation registration48 stickers shall, as does the registration card, fix the registration period49
16 under the staggered registration system for the purpose of reregistration1 and notice of expiration.2 A vehicle that has once been registered for any of the above-designated3 periods shall, upon reregistration, be registered for the period bearing the4 same number, and the registration card shall show and be the exclusive proof5 of the expiration date of registration and licensing. Vehicles may be ini-6 tially registered for less than a twelve (12) month period, or for more than a7 twelve (12) month period, and the fee prorated on a monthly basis if the frac-8 tional registration tends to fulfill the purpose of the monthly series reg-9 istration system.10 (2) For all school buses operated either by a nonprofit, nonpublic11 school or operated pursuant to a service contract with a school district for12 transporting children to or from school or in connection with school-ap-13 proved activities, the annual fee shall be twenty-four dollars ($24.00) and14 shall be subject to staggered registration for the purpose of reregistration15 and notice of expiration.16 (3) For all motorcycles and motor-driven cycles that comply with the17 federal motor vehicle safety standards, operated on the public highways, the18 annual fee shall be nineteen dollars ($19.00) and shall be subject to stag-19 gered registration for the purpose of reregistration and notice of expira-20 tion.21 (4) For operation of an all-terrain vehicle, utility type vehicle or22 motorbike, excluding a motorbike with an engine displacement of fifty (50)23 cubic centimeters or less, on city, county or highway district roads or24 highways open to such use, a restricted vehicle license plate fee pursuant25 to section 49-450, Idaho Code, shall be paid. In addition, the certifi-26 cate of number fee specified in section 67-7122, Idaho Code, shall be paid27 as provided in section 67-7122, Idaho Code. The certificate of number and28 restricted vehicle license plate exemption provided in section 49-426(2),29 Idaho Code, applies to all-terrain vehicles, utility type vehicles, motor-30 bikes and motorcycles used for the purposes described in section 49-426(2),31 Idaho Code. Nonresidents shall be allowed to purchase a restricted vehicle32 license plate and validation sticker pursuant to section 67-7124, Idaho33 Code, for an all-terrain vehicle, utility type vehicle, or motorbike.34 (5) For all motor homes, the fee shall be as specified in subsection (1)35 of this section and shall be in addition to the fees provided for in section36 49-445, Idaho Code.37 (6) Registration fees shall not be subject to refund.38 (7) A financial institution or repossession service contracted to39 a financial institution repossessing vehicles under the terms of a secu-40 rity agreement shall move the vehicle from the place of repossession to the41 financial institution's place of business on a repossession plate. The42 repossession plate shall also be used for demonstrating the vehicle to a43 prospective purchaser for a period not to exceed ninety-six (96) hours. The44 registration fees for repossession plates shall be as required in subsection45 (1) of this section for a vehicle one (1) and two (2) years old. All other46 fees required under chapter 4, title 49, Idaho Code, shall be in addition to47 the registration fee. The repossession plate shall be subject to staggered48 registration for the purpose of reregistration and notice of expiration.49
17 (8) A wrecker or towing business engaged in the process of towing motor-1 ized vehicles that have been wrecked, abandoned, salvaged or may be disabled2 may apply for a wrecker plate to be displayed on those vehicles being towed,3 provided the power unit is properly registered under this chapter. The reg-4 istration fees for wrecker plates shall be as required in subsection (1) of5 this section for a vehicle one (1) and two (2) years old. All other fees re-6 quired under chapter 4, title 49, Idaho Code, shall be in addition to the reg-7 istration fee and shall be subject to staggered registration for the purpose8 of reregistration and notice of expiration.9 (9) In addition to the annual registration fee in this section, there10 shall be an initial program fee of twenty-five dollars ($25.00) and an an-11 nual program fee of fifteen dollars ($15.00) for all special license plate12 programs for those license plates issued pursuant to sections 49-404A,13 49-407, 49-408, 49-409, 49-414, 49-416, 49-418 and 49-418D, Idaho Code. For14 special plates issued pursuant to section 49-417E, Idaho Code, there shall15 be an initial program fee of seventy dollars ($70.00) and an annual program16 fee of fifty dollars ($50.00). For special plates issued pursuant to sec-17 tions 49-406 and 49-406A, Idaho Code, there shall be an initial program fee18 of twenty-five dollars ($25.00) but there shall be no annual renewal fee.19 For special plates issued pursuant to sections 49-415D, 49-417, 49-417A,20 49-417B, 49-417C, 49-417D, 49-418A, 49-418B, 49-418C, 49-419, 49-419A,21 49-419C, 49-419E, 49-420, 49-420A, 49-420B, 49-420C, 49-420D, 49-420E,22 49-420J, 49-420K, 49-420L, 49-420M, 49-420N, 49-420O, 49-420P, 49-420Q,23 49-420R, 49-420S, and 49-420T, and 49-420T 49-420U, Idaho Code, and unless24 otherwise expressly provided for in this chapter, any new special plate25 program effective on and after January 1, 2013, pursuant to section 49-402D,26 Idaho Code, there shall be an initial program fee of thirty-five dollars27 ($35.00) and an annual program fee of twenty-five dollars ($25.00). The fees28 contained in this subsection shall be applicable to all new special plate29 programs and shall be subject to staggered registration for the purpose of30 reregistration and notice of expiration. The initial program fee and the31 annual program fee shall be deposited in the state highway account and shall32 be used to fund the cost of administration of special license plate programs,33 unless otherwise specified by law.34 (10) Any vehicle that does not meet federal motor vehicle safety stan-35 dards shall not be registered and shall not be permitted to operate on public36 highways of the state, as defined in section 40-117, Idaho Code, unless oth-37 erwise specifically authorized.38 (11) In addition to annual registration fees as provided in this sec-39 tion, registrants may pay a fee to purchase an Idaho state parks passport40 authorizing resident motor vehicle entry into all Idaho state parks. Reg-41 istrants may pay the fee for a one (1) year or two (2) year period of time.42 The fee shall be ten dollars ($10.00) for one (1) year and twenty dollars43 ($20.00) for two (2) years. All fees collected pursuant to this subsection44 shall be deposited into the park and recreation fund and shall be subject to45 appropriation. Fees collected pursuant to this subsection shall not be con-46 sidered a motor vehicle registration fee as provided in section 17, article47 VII of the constitution of the state of Idaho.48
SECTION 18. That Section 49-402D, Idaho Code, be, and the same is hereby49 amended to read as follows:50
18 49-402D. SPECIAL LICENSE PLATE PREQUALIFICATION PROCESS.1 (1)(a) For any new special license plate program approved by the legis-2 lature, the program sponsor shall, before issuance of any such special3 license plate, meet the prequalification process outlined in this sec-4 tion. The program sponsor for any special plate program shall:5 (i) Submit a financial plan for the use of the proceeds from the6 special license plate sales and certify that all such proceeds7 shall be deposited in the highway distribution account, except for8 military license plates and any new special plate that may be es-9 tablished for the benefit of the state of Idaho or any department,10 division, bureau, or agency thereof, including an Idaho college or11 university pursuant to section 49-418A, Idaho Code, or a license12 plate for the benefit of firearms safety education programs pur-13 suant to section 49-420S, Idaho Code; and , or14 (ii) Designate an individual who shall be deemed responsible by15 the agency for certifying compliance with the requirements of this16 section and working with the department.17 (b) The department is authorized and shall adopt and promulgate rules18 to carry out the provisions of this section.19 (2) If the request for a special license plate is approved by the de-20 partment, the following requirements, in addition to those set out in sub-21 section (1) of this section, shall be met by September 1 prior to the next22 legislative session and prior to the issuance of any special license plates23 approved by the legislature.24 (a) The applicant shall deposit estimated programming and administra-25 tive costs with the department to be utilized for programming costs of26 the specialty plate. Administrative costs in the amount of one thousand27 dollars ($1,000) shall be nonrefundable.28 (b) In addition to the requirements provided for in section 49-402C,29 Idaho Code, the applicant requesting a special license plate program30 shall provide to the department an acceptable plate design.31 (c) The applicant shall transmit to the department a list of two hundred32 fifty (250) applicants, whose vehicles are currently registered in the33 state of Idaho, who intend to purchase the specialty plate when avail-34 able, as evidenced by completing forms provided by the department.35 (3) The department shall submit the completed applications for special36 license plate programs that meet the requirements of this section to the37 chairmen of the senate transportation committee and the house of representa-38 tives transportation and defense committee each year on behalf of the agency39 to be included for consideration in the next legislative session.40 (4) On an annual basis, by December 1 of each calendar year, the sponsor41 of a special license plate program shall prepare an annual report, which42 shall be made available on request and shall be forwarded to the department.43 Such report shall include an accounting of revenues and expenditures associ-44 ated with the funds collected for the special license plate program. The de-45 partment shall compile and forward such reports to the chairmen of the senate46 transportation committee and the house of representatives transportation47 and defense committee by January 15 of each year. Failure of the agency to48 provide such report by the due date shall result in the discontinuation of49 the special license plate program sales on January 1. The provisions of this50
19 section shall exclude special plates established for the highway distri-1 bution account, the state of Idaho or any department, division, bureau, or2 agency thereof, an Idaho college or university pursuant to section 49-418A,3 Idaho Code, a license plate for the benefit of firearms safety education4 programs pursuant to section 49-420S, Idaho Code, and military license plate5 programs.6 (5) Any decision by the department that the special license plate pro-7 gram application does not meet the provisions of this section may be appealed8 to the director of the department. Such notice of appeal shall be made in9 writing within twenty (20) days of the notice of denial. For all denied ap-10 plications, the department shall, at the next legislative session, report11 to the senate and house of representatives transportation committees on such12 denied applications and the reason for the denials.13
SECTION 19. That Section 49-420T, Idaho Code, as enacted by Section 2,14 Chapter 172, Laws of 2025, be, and the same is hereby amended to read as fol-15 lows:16 49-420T 49-420U. AN APPEAL TO HEAVEN LICENCE LICENSE PLATES. (1) On17 and after January 1, 2026, any person who is the owner of a vehicle registered18 under the provisions of section 49-402, Idaho Code, or registered under any19 other section of law for which the purchase of special plates is allowed, may20 apply for and, upon department approval, receive special an appeal to heaven21 license plates in lieu of regular license plates.22 (2) The provisions of this section shall not apply to any vehicle with23 a registered maximum gross weight over twenty-six thousand (26,000) pounds.24 Availability of an appeal to heaven license plates for other vehicles shall25 be subject to the rules, policies, and procedures of the department.26 (3) In addition to the regular registration fee required in this chap-27 ter, the applicant shall be charged a fee of thirty-five dollars ($35.00) for28 the initial issuance of plates, and twenty-five dollars ($25.00) upon each29 succeeding annual registration. Such fees shall be deposited in the state30 highway account and shall be used, in part, to fund the cost of the plate de-31 sign and administration of this special license plate program.32 (4) Whenever title or interest in a vehicle registered under the pro-33 visions of this section is transferred or assigned, the owner may transfer34 the special plates to another vehicle upon payment of the required transfer35 fees. The owner may display the plates on another vehicle only upon receipt36 of the new registration from the department.37 (5) Notwithstanding the provisions of section 49-402C, Idaho Code, the38 an appeal to heaven license plate design shall be of a color and design sim-39 ilar to the flag portion of the United States postal service's 1968 six-cent40 (6¢) stamp commemorating George Washington's cruisers flag of 1775, except41 with a brown tree trunk and the words "AN APPEAL TO HEAVEN" on the bottom cen-42 ter and the word "IDAHO" in the top center. Such design shall be approved43 by the department, utilizing a numbering system as determined by the depart-44 ment.45 (6) The an appeal to heaven license plate established in this section46 shall be exempt from the requirements of section 49-402D.47 (7) Sample an appeal to heaven license plates may be purchased for a48 fee of fifteen dollars ($15.00), which shall be deposited in the state high-49
20 way account. No additional fee shall be charged for personalizing sample1 plates.2
SECTION 20. That Section 54-1421, Idaho Code, as enacted by Section 1,3 Chapter 187, Laws of 2025, be, and the same is hereby amended to read as fol-4 lows:5 54-1421 54-1422. DELEGATION. (1) A nurse with appropriate education,6 training, and experience and who is licensed under this chapter may dele-7 gate to a non-nurse tasks that do not involve the exercise of independent8 clinical judgment, as long as the nurse responsible for delegation maintains9 proper supervision and is satisfied that the person is qualified and ade-10 quately trained.11 (2) For the purposes of this section, "tasks that do not involve the ex-12 ercise of independent clinical judgment" are duties that an individual has13 received formal training to perform and that such individual is certified to14 perform by a national organization acceptable to the board.15
SECTION 21. That Section 54-5802, Idaho Code, be, and the same is hereby16 amended to read as follows:17 54-5802. DEFINITIONS. As used in this chapter:18 (1) "Apprentice" means a person registered with the barber and cosme-19 tology services licensing board to learn an occupation in a licensed estab-20 lishment who, while so learning, performs or assists in performing any prac-21 tices of barbering, barber-styling, cosmetology, or electrology.22 (2) "Barber" means a person licensed to practice barbering as defined23 in this section.24 (3) "Barbering" means any one (1) or any combination of the following25 practices when performed on the upper part of the human body for cosmetic26 purposes and not for the treatment of disease or physical or mental ailments:27 (a) Shaving the face or cutting, trimming, arranging, dressing, curl-28 ing, cleansing, singeing or performing similar work on the hair;29 (b) Fitting, cutting or dressing hairpieces or toupees;30 (c) Giving facial and scalp massages or treatments with oils, creams,31 lotions or other preparations, either by hand or by a mechanical appli-32 ance; and33 (d) Applying cosmetic preparations, antiseptics, powders, oils, clays34 or lotions to the scalp, face, and neck.35 (4) "Barber-styling" means any one (1) or any combination of the fol-36 lowing practices when performed on the upper part of the human body for cos-37 metic purposes and not for the treatment of disease or physical or mental38 ailments:39 (a) Shaving the face or cutting, trimming, arranging, dressing, curl-40 ing, waving by any method, straightening, cleansing, singeing, bleach-41 ing, coloring or performing similar work on the hair;42 (b) Fitting, cutting or dressing hairpieces or toupees;43 (c) Giving facial and scalp massages or treatments with oils, creams,44 lotions or other preparations, either by hand or by a mechanical appli-45 ance; and46
21 (d) Applying cosmetic preparations, antiseptics, powders, oils, clays1 or lotions to the scalp, face, and neck.2 (5) "Barber-stylist" means a person licensed to practice bar-3 ber-styling as defined in this section.4 (6) "Board" means the barber and cosmetology services licensing board5 established by section 54-5806, Idaho Code.6 (7) "Cosmetologist" means a person licensed to practice cosmetology as7 defined in this section.8 (8) "Cosmetology" means any one (1) or any combination of the following9 practices when performed on the human body for cosmetic purposes and not for10 the treatment of disease or physical or mental ailments:11 (a) Cutting, trimming, arranging, dressing, curling, waving by any12 method, cleansing, singeing, bleaching, coloring or performing similar13 work on the hair, except as provided for in subsection (25) (24) of this14 section; (23)15 (b) Fitting, cutting or dressing hairpieces or toupees;16 (c) Noninvasive care of the skin by application of cosmetic prepa-17 rations, antiseptics, tonics, lotions, creams and essential oils18 to cleanse, massage, exfoliate, hydrate and stimulate; makeup ap-19 plication; pore extraction; use of chemical exfoliants approved for20 professional esthetic use; particle exfoliation; use of any class I21 medical device, as classified by the United States food and drug admin-22 istration, designed for care of the skin, except that a class II medical23 device designed for care of the skin may be used as directed and super-24 vised by an authorized and licensed health care practitioner; temporary25 removal of superfluous hair by lotions, creams, waxing, tweezing, de-26 pilatories or other means; and tinting or perming the eyebrows and27 eyelashes; and28 (d) Manicuring and pedicuring nails and applying artificial nails.29 (9) "Division" means the division of occupational and professional li-30 censes.31 (10) "Electrologist" means a person licensed to practice electrology,32 as defined in this section, and skilled in the permanent removal of unwanted33 hair.34 (11) "Electrology" or "electrolysis" means the permanent removal of35 hair by destroying the hair-producing cells of the skin and vascular system36 through the use of equipment and devices approved by and registered with the37 United States food and drug administration.38 (12) "Establishment" means a place licensed under this chapter, other39 than a licensed school, where barbering, barber-styling, cosmetology or40 electrology is practiced.41 (13) "Esthetician" means a person licensed to practice esthetics as de-42 fined in this section.43 (14) "Esthetics" means noninvasive care of the skin by application of44 cosmetic preparations, antiseptics, tonics, lotions, creams and essential45 oils to cleanse, massage, exfoliate, hydrate and stimulate; makeup applica-46 tion; pore extraction; use of chemical exfoliants approved for professional47 esthetic use; particle exfoliation; use of any class I medical device, as48 classified by the United States food and drug administration, designed for49 care of the skin, except that a class II medical device designed for care50
22 of the skin may be used as directed and supervised by an authorized and li-1 censed health care practitioner; temporary removal of superfluous hair by2 lotions, creams, waxing, tweezing, depilatories or other means; and tinting3 or perming the eyebrows and eyelashes.4 (15) "Haircutting" means cutting, trimming, arranging, dressing, curl-5 ing, cleansing, singeing or performing similar work on the hair and fitting,6 cutting or dressing hairpieces or toupees.7 (16) "Hairpieces or toupees" means a full or partial head covering that8 is made from natural or synthetic hair that is affixed to a person's scalp,9 hair, or head with an adhesive agent such as glue, tape, keratin bonds, fu-10 sion bonds, or other bonding agent, and is worn during activities such as11 sleep, exercise, and bathing.12 (17) "High school student" means a person who has completed the first13 two (2) years of high school and is enrolled in a high school or secondary14 school licensed under this chapter.15 (18) "Instructor" means a person licensed under this chapter to prac-16 tice and teach any practice defined in this section.17 (19) "Instructor trainee" means a barber, barber-stylist or cosmetol-18 ogist attending a licensed school to receive training to teach barbering,19 barber-styling or cosmetology.20 (20) "Licensed school" means a secondary or postsecondary barber, cos-21 metology, or electrology school that:22 (a) Is licensed under its official name by the barber and cosmetology23 services licensing board; and24 (b) Admits as students only those individuals who meet the requirements25 of section 54-5810(1)(b), Idaho Code.26 (22) (21) "Makeup artistry" means noninvasive care of the skin by appli-27 cation of cosmetic preparations for cleansing and the application of makeup,28 which includes the application of cosmetics or any pigment product that is29 used to cover, camouflage or decorate the skin.30 (23) (22) "Nail technician" means a person licensed to practice nail31 technology as defined in this section.32 (24) (23) "Nail technology" means any one (1) or more of the following33 practices when performed on the human body:34 (a) Manicuring and pedicuring nails;35 (b) Applying artificial nails; and36 (c) Massaging the hands and feet.37 (25) (24) "Natural hair braiding" means the service of twisting, wrap-38 ping, weaving, extending, locking, or braiding hair by hand or with a mechan-39 ical device.40 (a) "Natural hair braiding" includes:41 (i) The use of natural or synthetic hair extensions, natural or42 synthetic hair and fibers, and decorative beads and other hair ac-43 cessories;44 (ii) Minor trimming of natural hair or hair extensions incidental45 to twisting, wrapping, weaving, extending, locking, or braiding46 hair;47 (iii) The making of wigs from natural hair, natural fibers, syn-48 thetic fibers, and hair extensions; and49
23 (iv) The use of topical agents, such as conditioners, gels,1 moisturizers, oils, pomades, and shampoos, in conjunction with2 performing services under subparagraphs (i) or (ii) of this para-3 graph.4 (b) "Natural hair braiding" does not include:5 (i) The application of dyes, reactive chemicals, or other prepa-6 rations to alter the color of the hair or to straighten, curl, or7 alter the structure of the hair; or8 (ii) The use of chemical hair joining agents, such as synthetic9 tape, keratin bonds, or fusion bonds.10 (26) (25) "Retail cosmetics dealer" means a stationary business offer-11 ing cosmetic products for sale at retail to the general public in which the12 business's employees apply cosmetic products to customers' faces in connec-13 tion with the sale or attempted sale of the products without compensation14 from the customer other than the regular price of the products.15 (28) (26) "Student" means a person learning barbering, barber-styling,16 cosmetology or electrology at a licensed school who, while so learning, per-17 forms or assists in performing any practices of barbering, barber-styling,18 cosmetology or electrology.19 (29) (27) "Wig" means a removable head covering that is made from nat-20 ural hair, natural fibers that resemble hair, or synthetic fibers that re-21 semble hair. A wig is not affixed to a person's scalp or hair using an adhe-22 sive agent such as glue, tape, keratin bonds, fusion bonds, or other bonding23 agent.24
SECTION 22. That Section 55-103, Idaho Code, be, and the same is hereby25 amended to read as follows:26 55-103. WHO MAY OWN PROPERTY. (1) Except as provided in subsection (2)27 or (3) of this section, any person, whether citizen or alien, may take, hold,28 and dispose of property, real or personal.29 (2) Notwithstanding any provision of law to the contrary, on and af-30 ter the effective date of this subsection, a foreign government or a foreign31 state-controlled enterprise shall not purchase, acquire, or hold any con-32 trolling interest in agricultural land, forest land, water rights, mining33 claims, or mineral rights in the state of Idaho. This subsection does not34 apply to any interest in agricultural land, forest land, water rights, min-35 ing claims, or mineral rights acquired by a foreign government or foreign36 state-controlled enterprise prior to the effective date of this subsection37 or to any foreign pension fund.38 (3) Notwithstanding any other provision of law to the contrary, a for-39 eign principal from a foreign adversary shall not purchase, acquire, or hold40 any controlling interest, except a de minimis indirect interest, in agricul-41 tural land, water rights, mining claims, or mineral rights in the state of42 Idaho. A foreign principal has a de minimis indirect interest if any owner-43 ship is the result of the foreign principal's ownership of registered equi-44 ties in a publicly traded company owning the land and if the foreign princi-45 pal's ownership in the company is either:46 (a) Less than five percent (5%) of any class of registered equities or47 less than five percent (5%) in the aggregate in multiple classes of reg-48 istered equities; or49
24 (b) A noncontrolling interest in an entity controlled by a company that1 is both registered with the United States securities and exchange com-2 mission as an investment advisor under the investment advisers act of3 1940, as amended, and is not a foreign entity.4 (4) A foreign principal that directly or indirectly owns or otherwise5 controls agricultural land, water rights, mining claims, or mineral rights6 in the state of Idaho must sell, transfer, or otherwise divest itself of7 the agricultural land, mining claims, or mineral rights within one hundred8 eighty (180) days of the effective date of this act.9 (5) A foreign principal that directly or indirectly owns or acquires10 agricultural land, water rights, or any interest in such land in this state11 must register with the Idaho state department of agriculture within sixty12 (60) days of the effective date of this act or the date of acquisition,13 whichever is latest. The department must establish a form for such registra-14 tion, which, at a minimum, must include all of the following:15 (a) The name of the owner of the agricultural land, water rights, or the16 owner of the interest in such land;17 (b) The address of the agricultural land, the property appraiser's par-18 cel identification number, and the property's legal description; and19 (c) The number of acres of agricultural land.20 (6) A foreign principal that directly owns or acquires mining claims21 or mineral rights or any interest in such claims in this state must register22 with the Idaho department of lands and the Idaho secretary of state within23 sixty (60) days of the effective date of this act or the date of acquisition,24 whichever is latest. The foreign principal shall be registered to do busi-25 ness with the Idaho secretary of state's office. The Idaho department of26 lands shall provide the form for such registration, which at a minimum must27 include the following:28 (a) The mineral lease number with lease length and premises by parcel29 and acres; and30 (b) The application for use of state land by the individual or legal en-31 tity.32 (7) Notwithstanding the provisions of subsection (3) of this section, a33 foreign principal from a foreign adversary country may acquire agricultural34 land, mining claims, or mineral rights on or after July 1, 2025, by devise35 or descent, through the enforcement of security interests, or through the36 collection of debts, provided that the foreign principal sells, transfers,37 or otherwise divests itself of the agricultural land, water rights, mining38 claims, or mineral rights within one hundred eighty (180) days of acquiring39 the agricultural land, mining claims, or mineral rights.40 (8) The provisions of subsections (3) through (7) of this section shall41 not apply to an entity that has a national security agreement with the com-42 mittee on foreign investment in the United States as of July 1, 2025, and43 maintains such national security agreement.44 (9) The Idaho state department of agriculture and department of lands45 shall adopt rules, subject to legislative approval, to implement the provi-46 sions of this section.47 (10) The responsibility for determining whether an entity is subject to48 this section rests solely with the foreign entity, the attorney general, or49 any qualifying whistleblower, and no other individual or entity. An indi-50
25 vidual or entity who is not a foreign entity shall not be required to deter-1 mine or inquire whether another person or entity is or may be subject to the2 provisions of this section and shall bear no civil or criminal liability un-3 der this section.4 (11) If a foreign principal from a foreign adversary country does not5 divest the public or private lands, mining claims, or mineral rights as re-6 quired by this section, the attorney general shall commence an action in the7 district court within the jurisdiction of the public or private land, mining8 claims, or mineral rights.9 (12) If the public or private land is held in violation of this sec-10 tion, the district court shall order that the public or private land be sold11 through judicial foreclosure.12 (13) Proceeds of the sale shall be disbursed to lienholders, in the or-13 der of priority, except for liens that, under the terms of the sale, are to14 remain on the public or private land.15 (14) Any individual may act as a whistleblower and provide a referral to16 the office of the attorney general for violations of this section.17 (15) If a whistleblower referral results in a divestiture of land, min-18 ing claims, or mineral rights or other assets held in violation of this sec-19 tion, the whistleblower shall be entitled to a reward equal to thirty percent20 (30%) of the proceeds of the land, mining claims, mineral rights, or asset21 sale resulting from a violation of this section after payment of lienhold-22 ers. Proceeds of the sale shall be disbursed in the following order:23 (a) To bona fide lienholders, in order of priority, except for liens24 that, under the terms of the sale, are to remain on the property;25 (b) The payment of authorized costs of the sale, including all approved26 fees and expenses of the referee and any taxes and assessments due;27 (c) The payment, in an amount approved by the court, to the attorney28 general for reimbursement of investigation and litigation costs and ex-29 penses;30 (d) To whistleblowers; and31 (e) To the restricted foreign entity.32 (16) The whistleblower enforcement provision takes effect one hundred33 eighty (180) days after the enforcement date of this section.34 (17) As used in this section:35 (a) "Agricultural land" shall have the same meaning as "land actively36 devoted to agricultural purposes" as provided in section 63-604, Idaho37 Code.38 (b) "Controlling interest" means:39 (i) Possession of more than fifty percent (50%) of the ownership40 interest in an entity; or41 (ii) A percentage of ownership interest in an entity that is fifty42 percent (50%) or less if a foreign government actually directs the43 business and affairs of the entity without the requirement or con-44 sent of any other party.45 (c) "Foreign adversary" means any foreign government or foreign non-46 government person engaged in a long-term pattern or serious instances47 of conduct significantly adverse to the national security of the United48 States or security and safety of United States persons as determined un-49 der 15 CFR 791.4, as it existed on January 1, 2025.50
26 (d) "Foreign government" means a government other than the federal gov-1 ernment of the United States or the government of any state, political2 subdivision of a state, territory, federally recognized Indian tribe,3 or possession of the United States.4 (e) "Forest land" means privately owned or state-owned land being held5 and used primarily for the continuous purpose of growing and harvesting6 trees of a marketable species. Having met the above criteria, forest7 land includes:8 (i) Forest land is land evidenced by present use and silvicul-9 tural treatment.10 (ii) Forest land is land that has a dedicated use that is further11 evidenced by a forest land management plan that includes eventual12 harvest of the forest crop.13 (iii) Forest land is land bearing forest growth or land that has14 not been converted to another use.15 (iv) Forest land is land that has had the trees removed by man16 through harvest, including clear-cuts or by natural disaster,17 such as but not limited to fire, and which within five (5) years af-18 ter harvest or initial assessment will be reforested as specified19 in the forest practices act, chapter 13, title 38, Idaho Code.20 (f) "Foreign pension fund" means a trust, corporation, or other entity21 created or organized under the law of a country other than the United22 States to provide retirement or pension fund benefits. However, the23 term "foreign pension fund" shall not include any trust, corporation,24 or other entity that is owned by or subject to a controlling interest of25 a sovereign wealth fund.26 (g) "Foreign principal" means:27 (i) The government or any official of the government of a foreign28 adversary;29 (ii) A political party or member of a political party or any subdi-30 vision of a political party of a foreign adversary;31 (iii) A partnership, association, corporation, organization, or32 other combination of persons organized under the laws of or having33 its principal place of business in a foreign adversary, or a sub-34 sidiary of such entity, owned or controlled wholly or in part by35 any person, entity, or collection of persons or entities of a for-36 eign adversary;37 (iv) Any person who is domiciled in a foreign adversary and is not38 a citizen or lawful permanent resident of the United States; and39 (v) Any person, entity, or collection of persons or entities de-40 scribed in this paragraph having a controlling interest in a part-41 nership, association, corporation, organization, trust, or any42 other legal entity or subsidiary formed for the purpose of owning43 real property.44 (h) "Mineral right" shall have the same meaning as provided in section45 47-701, Idaho Code.46 (i) "Mining claim" means a portion of land containing minerals that a47 miner has a right to occupy and possess for the purpose of extracting48 minerals.49
27 (j) "State-controlled enterprise" means a business enterprise, how-1 ever denominated, sovereign wealth fund, or state-backed investment2 fund in which a foreign government has a controlling interest.3 (k) "Water right" shall have the same meaning as provided in section4 42-230, Idaho Code.5 (4)(a) (18)(a) The attorney general shall investigate acquisitions of6 interests in real property reasonably suspected of violating the prohi-7 bitions provided for in subsection (2) of this section upon receipt of a8 complaint alleging such violation.9 (b) The attorney general shall enforce the prohibitions provided for10 in subsection (2) of this section for any interest in land, rights, or11 claims held in violation of the provisions of subsection (2) of this12 section by petitioning the district court for an order and judgment13 that: finds such violation; appoints a receiver; and authorizes the14 receiver to sell such land, rights, or claims. For a receivership pro-15 ceeding under this section:16 (i) Proceeds of the sale shall be disbursed to lienholders, in17 order of priority, except for liens that, under the terms of the18 sale, are to remain on the land, rights, or claims;19 (ii) At the receivership sale, lienholders shall be permitted to20 have a credit bid; and21 (iii) Any excess proceeds shall be disbursed to the owner of record22 of the real property.23 (c) Upon the commencement of an action provided for in this section, the24 attorney general shall promptly file a notice of lis pendens with the25 court.26 (d) Upon the entry of a court order appointing a receiver and authoriz-27 ing the receiver's powers to sell the property pursuant to the provi-28 sions of this section, the attorney general shall promptly record a copy29 of the court order in the office of the county where the property is lo-30 cated that is responsible for the maintenance of property records.31 (e) No title to land, rights, or claims shall be invalid or subject to32 divestiture due to a violation of the provisions of this section by any33 former owner or other individual or entity having formerly held or owned34 an interest in the real property.35 (f) Divestiture of a foreign government's or foreign state-controlled36 enterprise's title under this section shall not be a basis to void,37 invalidate, or otherwise extinguish any bona fide mortgage, lien, or38 other interest granted by, through, or under the foreign government or39 foreign state-controlled enterprise.40 (g) No person or entity that is not a foreign government or a foreign41 state-controlled enterprise shall bear any civil or criminal liability42 for failing to determine or to make an inquiry about whether an indi-43 vidual or other entity is a foreign government or a foreign state-con-44 trolled enterprise.45
SECTION 23. That Section 55-3203, Idaho Code, be, and the same is hereby46 amended to read as follows:47 55-3203. DEFINITIONS. As used in this chapter:48
28 (1) "Board" means the entity that has the duty of governing the home-1 owner's association and may be referred to as a board of directors, executive2 board, or any other such similar name.3 (2) "Community manager" means a person or agent who provides for or oth-4 erwise engages in the management of a common interest community or the man-5 agement of a homeowner's association.6 (3) "Declarant" means an individual or entity filing a declaration in7 association with a residential subdivision.8 (4) "Declaration" means an instrument filed in the real property9 records of a county that includes restrictive covenants governing a residen-10 tial subdivision.11 (5) "Financial disclosure" means the accounting records of the organi-12 zation that are kept, disclosed, and made available for inspection in accor-13 dance with part 11, chapter 30, title 30, Idaho Code, and the governing docu-14 ments of the homeowner's association.15 (6) "Governing documents" means a written instrument by which the home-16 owner's association may exercise powers or manage, maintain, or otherwise17 affect the property under the jurisdiction of the homeowner's association.18 Governing documents includes but is not limited to articles of incorpora-19 tion, bylaws, a plat, rules of the homeowner's association, and any declara-20 tion of covenants, conditions, and restrictions.21 (7)(a) "Homeowner's association" means any incorporated or unincorpo-22 rated residential association:23 (i) In which membership is based on owning or possessing an inter-24 est in real property; and25 (ii) That has the authority, pursuant to recorded covenants, by-26 laws, or other governing documents, to assess and record liens27 against the real property of its members.28 (b) "Homeowner's association" includes the following persons who may29 or may not be members of a homeowner's association or serve on the board30 of a homeowner's association:31 (i) A community manager pursuant to a contract with a homeowner's32 association; and33 (ii) An agent or person with explicit or apparent authority to act34 on behalf of a homeowner's association.35 (8) "Member" or "membership" means any person or entity owning or pos-36 sessing an interest in residential real property or a lot within the physical37 boundaries of an established homeowner's association.38 (9) "Owner" means a person who holds record title to property in a resi-39 dential subdivision and includes an agent of a person who holds record title40 to property in a residential subdivision.41 (10) "Transfer fee" means a fee, charge, or assessment, as that term is42 described in chapter 31, title 55, Idaho Code, charged by the homeowner's as-43 sociation and payable to the homeowner's association upon the transfer of an44 interest in real property that is under the jurisdiction of the homeowner's45 association. (7)46
SECTION 24. That Section 56-1003, Idaho Code, be, and the same is hereby47 amended to read as follows:48
29 56-1003. POWERS AND DUTIES OF THE DIRECTOR. The director shall have1 the following powers and duties:2 (1) All of the powers and duties of the department of public health, the3 department of health, the board of health, and all nonenvironmental protec-4 tion duties of the department of health and welfare are hereby vested to the5 director of the department of health and welfare. However, oversight of the6 department and rulemaking and hearing functions relating to public health7 and licensure and certification standards shall be vested in the board of8 health and welfare. Except when the authority is vested in the board of9 health and welfare under law, the director shall have all such powers and10 duties as may have been or could have been exercised by his predecessors in11 law, including the authority to adopt, promulgate, and enforce rules, and12 shall be the successor in law to all contractual obligations entered into by13 predecessors in law. All rulemaking proceedings and hearings of the direc-14 tor shall be governed by the provisions of chapter 52, title 67, Idaho Code.15 (2) The director shall, pursuant and subject to the provisions of Idaho16 Code and this chapter, promulgate and recommend to the board rules to admin-17 ister statutes related to health and licensure and certification require-18 ments pertinent to health. Such rules may be of general application across19 the state or may be limited in time, place, and circumstance as needed to ad-20 dress problems.21 (3) The director, under rules adopted by the board, shall have general22 supervision of the health and welfare of the people of this state. The powers23 and duties of the director shall include but are not limited to the follow-24 ing:25 (a) The education of the people of this state using guidelines and rec-26 ommendations for issues of health, safety, mental health, and wellness;27 (b) The issuance of licenses and permits as prescribed by law and by the28 rules of the board;29 (c) The supervision and administration of laboratories and the super-30 vision and administration of standards of tests for environmental pol-31 lution, chemical analyses and communicable diseases. The director may32 require that laboratories operated by any city, county, institution,33 person, firm or corporation for health or environmental purposes con-34 form to standards set by the board of health and welfare and the board of35 environmental quality in rule;36 (d) The supervision and administration of a mental health program,37 which shall include services for the evaluation, screening, custody and38 treatment of the mentally ill and those persons suffering from a mental39 defect or mental defects, and services for the prevention of suicide;40 (e) The supervision and administration of the various schools, hos-41 pitals, and institutions that were the responsibility of the board of42 health and welfare;43 (f) The supervision and administration of services dealing with sub-44 stance abuse, including but not limited to treatment and rehabilita-45 tion;46 (g) Communication and cooperation with other governmental depart-47 ments, agencies and boards in order to effectively assist with the48 planning for the control of or abatement of health problems. All of the49 rules adopted by the board shall apply to state institutions;50
30 (i) (h) The supervision of administrative units whose responsibility1 shall be to assist and encourage counties, cities, other governmental2 units, and industries in the control of and/or abatement of health prob-3 lems; and4 (j) (i) The enforcement of all laws and rules relating to health.5 (4) The director, when so designated by the governor, and any other time6 subject to the standard appropriations and approval process of the legisla-7 ture, shall have the power to apply for, receive on behalf of the state, and8 utilize any federal aid, grants, gifts, or moneys made available through the9 federal government.10 (5) The director shall have the power to enter into and make contracts11 and agreements with any public agencies or municipal corporations for the12 use of facilities, land, and equipment when such use will have a beneficial,13 recreational, or therapeutic effect or be in the best interest in carrying14 out the duties imposed upon the department. The director shall also have the15 power to enter into contracts for the expenditure of state matching funds for16 local purposes. This subsection will constitute the authority for public17 agencies or municipal corporations to enter into such contracts and expend18 money for the purposes delineated in such contracts.19 (6) The director is authorized to adopt an official seal to be used on20 appropriate occasions, in connection with the functions of the department or21 the board, and such seal shall be judicially noticed. Copies of any books,22 records, papers and other documents in the department shall be admitted in23 evidence equally with the originals thereof when authenticated under such24 seal.25 (7) The director, under rules adopted by the board of health and welfare26 and approved by the legislature pursuant to section 67-5291, Idaho Code,27 and section 29, article III of the constitution of the state of Idaho, shall28 have the power to impose and enforce orders of isolation, quarantine, or29 restricted access to protect the public from the spread of infectious or30 communicable diseases or from contamination from chemical, nuclear, or bi-31 ological agents, whether naturally occurring or propagated by criminal or32 terrorist act.33 (a) An order of isolation may be issued only for a person diagnosed with34 an infectious or a communicable disease, presenting medically unknown35 symptoms, or contaminated from a chemical, nuclear, or biological agent36 and only while a person is infectious, displaying unknown symptoms, or37 contaminated.38 (b) An order of quarantine may be issued only for a person exposed to:39 (i) An infectious or a communicable disease;40 (ii) A person displaying medically unknown symptoms; or41 (iii) Contamination from a chemical, nuclear, or biological42 agent;43 under circumstances likely to result in the spread of the disease, symp-44 toms, or contaminant to the person who had such contact and only for a45 reasonable period of time sufficient to determine whether the exposed46 person will become sick.47 (c) If the director has reasonable cause to believe a chemical, nu-48 clear, or biological agent has been released in an identifiable place,49 including a building or structure, the director may impose an order of50
31 restricted access into or out of that place for the purpose of determin-1 ing whether that place has been contaminated with a chemical, nuclear,2 or biological agent that may create a substantial and immediate danger3 to the public. An order of restricted access shall be effective only4 until such time as the contamination has been remediated and the area5 of restricted access has been determined to no longer pose an immediate6 health risk.7 (d) An order of isolation, quarantine, or restricted access issued pur-8 suant to this section shall not be subject to the Idaho administrative9 procedure act, chapter 52, title 67, Idaho Code, but shall be subject to10 judicial review as a final agency order. However, this shall not pre-11 vent the director from reconsidering, amending, or withdrawing the or-12 der. Judicial review of orders of isolation, quarantine, or restricted13 access shall be de novo. The court may affirm, reverse, or modify the14 order and shall affirm the order if the director shows by clear and con-15 vincing evidence that the order is reasonably necessary to protect the16 public from a substantial and immediate danger of the spread of an in-17 fectious or communicable disease or from contamination by a chemical,18 nuclear, or biological agent. A hearing on a request for review pur-19 suant to this paragraph shall be held as soon as practicable but no later20 than three (3) business days after the request is made. Notice of the21 request for review to the court must be provided to the director. The22 court may order the person who is the subject of or affected by the or-23 der of isolation, quarantine, or restricted access to appear remotely24 via technology approved by the Idaho supreme court. Upon conclusion of25 a hearing described in this subsection, the court conducting judicial26 review shall issue an order:27 (i) Affirming or modifying the order of isolation, quarantine, or28 restricted access; or29 (ii) Reversing the order and releasing an individual who is the30 subject of or affected by such order.31 (e) Any person who violates an order of isolation, quarantine, or re-32 stricted access shall be guilty of a misdemeanor.33 (8) The director shall develop safeguards necessary to ensure the se-34 curity of nonpublic personal information in the department's possession and35 to prevent undue disclosure of such information. The director shall estab-36 lish a process to authenticate requests made by a person, entity or jurisdic-37 tion arising under the 2007 Hague convention on the international recovery38 of child support and other forms of family maintenance. In the event the de-39 partment becomes aware of any improper disclosure, the director shall take40 all actions required under section 28-51-105, Idaho Code.41
SECTION 25. That Section 56-1602, Idaho Code, be, and the same is hereby42 amended to read as follows:43 56-1602. DEFINITIONS. As used in this chapter:44 (1) "CMS" means the centers for medicare and medicaid services.45 (2) "Department" means the Idaho department of health and welfare.46 (3) "Fiscal year" means the time period from July 1 to June 30.47 (4) "Fund" means the ICF assessment fund established pursuant to sec-48 tion 56-1603, Idaho Code.49
32 (5) "ICF" means an intermediate care facility f as defined in section1 39-1301, Idaho Code, and licensed pursuant to chapter 13, title 39, Idaho2 Code.3 (6) "Net patient service revenue" means gross revenues from services4 provided to ICF patients, less reductions from gross revenue resulting from5 an inability to collect payment of charges. Patient service revenue ex-6 cludes nonpatient care revenues such as beauty and barber, vending income,7 interest and contributions, revenues from sale of meals and all outpatient8 revenues. Reductions from gross revenue includes: bad debts; contractual9 adjustments; uncompensated care; administrative, courtesy and policy dis-10 counts and adjustments; and other such revenue deductions.11 (7) "Resident day" means a calendar day of care provided to an ICF resi-12 dent, including the day of admission and excluding the day of discharge, pro-13 vided that one (1) resident day shall be deemed to exist when admission and14 discharge occur on the same day.15 (8) "Upper payment limit" means the limitation established in 42 CFR16
section 447.272, that disallows federal matching funds when state medicaid17 agencies pay certain classes of facilities an aggregate amount for services18 that exceed the amount that is paid for the same services furnished by that19 class of facilities under medicare payment principles.20
SECTION 26. That Chapter 22, Title 56, Idaho Code, as enacted by Section21 13, Chapter 84, Laws of 2025, be, and the same is hereby amended to read as22 follows:23 CHAPTER 22 2424 DRINKING WATER LABORATORY CERTIFICATION PROGRAM25 56-2201 56-2401. SHORT TITLE. This chapter shall be known and may be26 cited as the "Drinking Water Laboratory Certification Program."27 56-2202 56-2402. APPLICATION FOR CERTIFICATION. (1) An application28 for drinking water certification, listing methods approved by the depart-29 ment of environmental quality, shall be submitted annually by laboratories30 seeking certification on a form approved by the department of health and31 welfare.32 (2) Applications for renewal and supporting documentation requested by33 the department of health and welfare must be received by the department at34 least thirty (30) days before the current certificate expires.35 (3) A laboratory seeking to change methods or to add analytes prior to36 annual reapplication shall submit an amended application and provide sup-37 porting documentation requested by the department of health and welfare.38 Laboratories submitting an amended application shall be subject to an addi-39 tional base fee charge.40 (4) All certifications shall be valid for one (1) year from the date of41 issuance.42 56-2203 56-2403. CERTIFICATION FEES. (1) Laboratories requesting43 chemistry certification shall be charged a base fee of one hundred dollars44 ($100) per discipline and twenty dollars ($20.00) per analyte per method.45
33 (2) Laboratories requesting microbiology certification shall be1 charged a fee of one hundred fifty dollars ($150).2 (3) Out-of-state laboratories requesting chemistry certification3 shall be charged a base fee of two hundred dollars ($200) per discipline and4 twenty dollars ($20.00) per analyte per method.5 (4) Out-of-state laboratories requesting microbiology certification6 shall be charged a fee of three hundred dollars ($300).7 (5) New laboratories requesting certification will be charged a non-8 refundable application fee of two hundred fifty dollars ($250) per disci-9 pline listed on the completed application form.10 56-2204 56-2404. CERTIFICATION OVERSIGHT AND REQUIREMENTS. (1) Qual-11 ified representatives of the department of health and welfare are authorized12 to audit the premises and operations of all certified laboratories to de-13 termine the adequacy of the laboratory to perform drinking water compliance14 testing. On-site audits shall occur a minimum of every three (3) years or15 more frequently at the discretion of the department. Departmental represen-16 tatives shall issue a written report of audit findings, list items requiring17 a laboratory response, and specify the response time frame required to main-18 tain certification.19 (2) Test results shall be submitted in a format approved by the depart-20 ment of environmental quality and shall be reported to the department of en-21 vironmental quality, or the department's designee, no later than ten (10)22 business days after the completion of testing or upon receipt of results from23 subcontracted laboratories.24 (3) As soon as feasible, a laboratory shall notify the department of25 environmental quality, or the department's designee, of any nitrate and ni-26 trate level exceeding the current maximum contaminant level. Notification27 shall also be made for any other regulated chemical or radiological contam-28 inant that exceeds four (4) times the maximum contaminant level. Notifica-29 tion requirements apply to any samples subcontracted to another laboratory.30 (4) A laboratory shall notify the department of environmental quality,31 or the department's designee, of any total coliform positive result by the32 end of the day, unless the positive result is obtained after the department33 of environmental quality is closed and the department of environmental qual-34 ity does not have either an after-hours phone line or an alternative notifi-35 cation procedure, in which case the laboratory shall notify the department36 of environmental quality before the end of the next business day.37
SECTION 27. That Section 57-829, Idaho Code, as enacted by Section 1,38 Chapter 256, Laws of 2025, be, and the same is hereby amended to read as fol-39 lows:40 57-829 57-832. AMERICA250 COMMEMORATION FUND -- AMERICA250 ADVISORY41 COMMITTEE. (1) There is hereby created in the state treasury the America25042 commemoration fund for the purpose of funding Idaho's participation in cel-43 ebrating the two hundred fiftieth anniversary of America's founding. All44 moneys in the fund are to be used only for the purposes provided in this sec-45 tion, and shall be expended only as directed and approved by the America25046 advisory committee pursuant to the provisions of subsection (4) of this sec-47 tion.48
34 (2) Moneys in the fund shall include:1 (a) Any remaining amounts appropriated by the legislature during the2 2024 legislative session for the purposes described by this section;3 and4 (b) Gifts, grants, and other donations.5 (3) The state treasurer shall invest the idle moneys of the America2506 commemoration fund, and the interest earned on such investments shall be7 retained by such fund. All unobligated funds remaining in the America2508 commemoration fund on June 30, 2027, shall be transferred by the state con-9 troller on such date into the general fund.10 (4)(a) There is hereby created the America250 advisory committee that11 shall be comprised of seven (7) members, and shall include the director12 of the state historical society, the state treasurer, one (1) member13 appointed by the governor, and four (4) members appointed by the leg-14 islative council. The legislative council shall select the chair of15 the America250 advisory committee. The America250 advisory committee16 shall direct and approve all distributions of funds from the America25017 commemoration fund. The America250 advisory committee shall meet at18 least annually at such place and time as it determines and may meet as19 often as necessary to discharge the duties imposed on it.20 (b) Notwithstanding any provision of law to the contrary, the divi-21 sion of financial management shall approve the spending authority of22 the America250 commemoration fund for any spending directive that is23 approved by the America250 advisory committee for any state entity in24 the same manner as the approval process for funds that are not cogniz-25 able pursuant to section 67-3516(2), Idaho Code. Spending authority26 approved pursuant to this subsection shall only be made for each state27 entity that does not have sufficient authority within such entity's28 current appropriation from its miscellaneous revenue fund or other29 allowable fund to comply with the America250 advisory committee's30 spending directive. If a state entity does not have an allowable mis-31 cellaneous fund from which to expend moneys, the state entity shall32 establish a miscellaneous revenue fund to facilitate the spending di-33 rective of the America250 advisory committee.34 (c) The state treasurer, on behalf of the America250 advisory com-35 mittee, shall record and track all revenues and expenditures by fund36 sources pursuant to subsection (2) of this section for each approved37 purpose and to ensure that moneys are not allocated in excess of avail-38 able revenue.39
SECTION 28. That Section 58-307, Idaho Code, be, and the same is hereby40 amended to read as follows:41 58-307. TERM OF LEASE -- APPLICATION FOR RENEWAL -- ALLOWANCE FOR IM-42 PROVEMENTS. (1) No lease of state trust lands shall be for a longer term than43 twenty (20) years.44 (2) Notwithstanding any other provisions of law, all state lands may45 be leased for a period of up to twenty-five (25) years to the federal gov-46 ernment, to federal agencies, state agencies, counties, or cities, school47 districts or political subdivisions when leased for public purposes. Such48
35 leases for public purposes may be entered into by negotiation and shall se-1 cure a rental amount based on the fair market value of the state land.2 (3) Notwithstanding any other provisions of law, all state endowment3 trust lands may be leased for a period of up to thirty-five (35) years for4 residential purposes as determined by the state board of land commissioners5 including, but not limited to, single family, recreational cottage site and6 homesite leases.7 (4) Notwithstanding any other provision of law to the contrary, all8 state lands may be leased for a period of up to forty (40) years for grazing9 leases.10 (5) Notwithstanding any other provisions of law, all state endowment11 trust lands may be leased for a period of up to forty-nine (49) years for com-12 mercial purposes under such terms and conditions as may be set by the board,13 provided that, for such leases in excess of twenty (20) years, the board con-14 sults with the county commissioners of the county in which the lands are lo-15 cated before leasing the lands, and the use for which the land is leased shall16 be consistent with the local planning and zoning ordinances insofar as is17 reasonable and practicable. For each lease in excess of twenty (20) years,18 the department shall hold a hearing in the county in which the parcel is lo-19 cated. Grazing leases shall be excluded from the hearing requirement.20 (6) The term "commercial purposes" means fuel cells, low impact hy-21 dro, wind, geothermal resources, biomass, cogeneration, sun or landfill22 gas as the principal source of power with a facility capable of generating23 not less than twenty-five (25) kilowatts of electricity, industrial enter-24 prises, retail sales outlets, business and professional office buildings,25 hospitality enterprises, commercial recreational activities, multifamily26 residential developments and other similar businesses. For purposes of27 this section, farming leases, grazing leases, conservation leases including28 lands enrolled in federal conservation programs such as the conservation29 reserve enhancement program (CREP), noncommercial recreation leases, oil30 and gas leases, mineral leases, communication site leases, single family,31 recreational cottage site and homesite leases, and leases for other similar32 uses, are not considered leases for commercial purposes. The terms fuel33 cells, low impact hydro, wind, geothermal resources, biomass, cogeneration,34 sun or landfill gas shall have the same definitions as provided in section35 63-3622QQ, Idaho Code.36 (7) The board may require that all fixed improvements constructed upon37 land leased for commercial purposes be removed or become the property of the38 state upon termination of the lease, and that any heirs, encumbrances or39 claims of third parties with respect to any improvements shall be expressly40 subordinate and subject to the rights of the state under this section.41 (8) Except for oil and gas, mineral and commercial leases, the lease42 year shall run from January 1 through December 31, and all leases shall ex-43 pire on December 31 of the year of expiration.44 (9) All applications to lease or to renew an existing lease which ex-45 pires December 31 of any year, shall be filed in the office of the director46 of the department of lands by the thirtieth day of April preceding the date47 of such expiration. Such applications will be considered by the state land48 board and be disposed of in the manner provided by law; except that the board49 may reject conflicting applications for a lease for commercial purposes if50
36 the lessee exercises the preference right to renew clause, and provided such1 right is specified in the lease.2 (10) Where conflicts appear upon leases, except for mineral leases3 which, pursuant to chapter 7, title 47, Idaho Code, contain a preferential4 right to renew clause, such applications shall be considered as having been5 filed simultaneously. However, nothing herein shall be construed to prevent6 the state board of land commissioners from accepting and considering appli-7 cations for new leases at any time.8 (11) In case improvements have been made on land while under lease which9 is expiring, and the former lessee is not the successful bidder, but the land10 is leased to another, the amount of such improvements shall be paid to the11 former lessee. The following shall be considered improvements: plowing12 done within one (1) year, provided no crop has been raised on the plowed land13 after such plowing, fencing, buildings, cisterns, wells, growing crops and14 any other asset which shall be considered an improvement by the director.15 (12) Commercial leases of the state lands shall not be subject to the16 conflict auction provisions of section 58-310, Idaho Code. The board may,17 at its discretion, consider individual applications or call for proposals18 and sealed bids by public advertisement, and may evaluate said proposals and19 award the lease to the bidder whose proposal achieves the highest return over20 the term of the lease and who is capable of meeting such terms and conditions21 as may be set by the board; in the alternative, the board may call for lease22 applications by public advertisement and if more than one (1) person files23 an application to hold an auction in the same manner as provided in section24 58-310, Idaho Code. In all cases, the board must obtain a reasonable rental,25 based upon fair market value of the state land, throughout the duration of26 the lease. The board may reject any or all proposals and any or all bids, and27 may reoffer the lease at a later date if the board determines that the pro-28 posals or bids do not achieve the highest and best use of the land at market29 rental.30
SECTION 29. That Section 63-3622XX, Idaho Code, as enacted by Section31 1, Chapter 86, Laws of 2025, be, and the same is hereby amended to read as32 follows:33 63-3622XX 63-3622YY. SMALL SELLER. (1) There is hereby exempted from34 the taxes imposed by this chapter sales of tangible personal property made by35 an individual making small sales. A small seller shall not collect or remit36 any state sales or use tax imposed by this chapter.37 (2) For purposes of this section, "small seller" means an Idaho resi-38 dent making sales that do not exceed five thousand dollars ($5,000) in cumu-39 lative gross receipts in the current or previous calendar year. It shall not40 include partnerships, corporations, or limited liability corporations.41 (3) The exemption provided in this section shall not apply to:42 (a) Sales of motor vehicles, trailers, all-terrain vehicles, utility43 type vehicles, specialty off-highway vehicles, motorcycles intended44 for off-road use, snowmobiles, aircraft, vessels as defined in section45 67-7003, Idaho Code, alcohol, or tobacco; or46 (b) Items purchased to be sold or incorporated into items to be sold.47 (4) A small seller with gross receipts exceeding five thousand dollars48 ($5,000) shall within thirty (30) days file with the state tax commission49
37 an application for a temporary seller's permit and begin collecting sales1 and use tax. No temporary seller's permit shall be issued for a period of2 time greater than the remaining calendar year in which sales exceeded five3 thousand dollars ($5,000) for a small seller. The following year, such4 seller shall apply for a seller's permit under the provisions of section5 63-3620(a), Idaho Code.6 (5) A small seller shall indicate on such seller's invoice, if re-7 quested by the purchaser, that the sale was exempt from sales and use tax8 pursuant to the provisions of this section.9 (6) A small seller shall not permanently maintain, occupy, or use an10 office, place of distribution, sales or sample room or place, warehouse or11 storage place, or other place of business or maintain a stock of goods with12 anticipation of exceeding gross receipts of five thousand dollars ($5,000).13 (7) A small seller may file an application with the state tax commission14 for a seller's permit pursuant to section 63-3620, Idaho Code, before such15 seller reaches the five thousand dollar ($5,000) threshold provided in sub-16 section (2) of this section.17 (8) Nothing in this section relieves a small seller from filing indi-18 vidual income tax returns for persons who meet the filing requirements under19 section 63-3030, Idaho Code.20 (9) A small seller with sales exceeding three thousand dollars ($3,000)21 annually shall keep such records for not less than four (4) years pursuant to22 section 63-3624, Idaho Code.23
SECTION 30. That Section 67-827A, Idaho Code, be, and the same is hereby24 amended to read as follows:25 67-827A. POWERS AND DUTIES. The office of information technology ser-26 vices is hereby authorized and directed:27 (1)(a)(i) To control and approve the acquisition and installa-28 tion of all telecommunications equipment and facilities for all29 departments and institutions of state government, except as pro-30 vided in subparagraphs (ii), (iii) and (iv) of this paragraph;31 (ii) To coordinate the acquisition and installation of all32 telecommunications equipment and facilities for the institutions33 of higher education and the elected officers in the executive34 branch;35 (iii) To coordinate the acquisition and installation of all36 telecommunications equipment and facilities for the legislative37 and judicial branches;38 (iv) Provided however, that the acquisition and installation of39 all public safety and microwave equipment shall be under the con-40 trol of the military division. The military division is autho-41 rized to charge and receive payment for actual and necessary ex-42 penses incurred in providing services to any unit of state govern-43 ment under the provisions of this subparagraph.44 (b) In approving or directing the acquisition or installation of45 telecommunications equipment or facilities, the office shall first46 consult with and consider the recommendations and advice of the direc-47 tors or executive heads of the various departments or institutions. Any48 acquisition or installation of any telecommunications equipment or fa-49
38 cilities that is contrary to the office's direction or is not in harmony1 with the state's overall plan for telecommunications and information2 sharing shall be reported in writing to the governor and the legisla-3 ture.4 (2) To provide a system of telecommunications for all departments and5 institutions of state government. Funds received pursuant to this subsec-6 tion shall be appropriated for payment of telecommunications and telephone7 charges incurred by the various agencies and institutions of state govern-8 ment.9 (3) To provide a means whereby political subdivisions of the state may10 use the state telecommunications system, on such terms and under such condi-11 tions as the office of information technology services may establish.12 (4) To accept federal funds granted by congress or by executive order13 for all or any of the purposes of this chapter, as well as gifts and donations14 from individuals and private organizations or foundations.15 (5) To oversee implementation of cybersecurity policies that foster16 risk and cybersecurity management telecommunications and decision-making17 with both internal and external organizational stakeholders.18 (6) To consult with and direct state agencies and officials regarding19 information security needs.20 (7) To direct state agencies and officials on penetration tests and21 vulnerability scans of state technology systems in order to identify steps22 to mitigate identified risks.23 (8) To direct state agencies and officials to ensure that state agen-24 cies implement mandatory education and training of state employees and pro-25 vide guidance on appropriate levels of training for various classifications26 of state employees.27 (9) To direct appropriate state agencies to create, coordinate, pub-28 lish, routinely update and market a statewide cybersecurity website as an29 information repository for intelligence-sharing and cybersecurity best30 practices.31 (10) To ensure that all state agencies implement and maintain cyberse-32 curity best practices.33 (11) To require all state agencies to implement and use multifactor34 identification to access information technology devices or services, in-35 cluding but not limited to local and remote network access to any email36 accounts, cloud storage accounts, web applications, networks, databases, or37 servers.38 (12) To coordinate public and private entities to develop, create and39 promote statewide public outreach efforts to protect personal information40 and sensitive data from cyber threats.41 (11)(a) (13)(a) To obtain a criminal history check on prospective em-42 ployees and contractors with the Idaho office of information technology43 services who provide information technology (IT) services to external44 state agency customers and who work in one (1) or more of the following45 disciplines:46 (i) IT network engineering;47 (ii) IT operations and support;48 (iii) IT software engineering;49 (iv) Geographic information systems;50
39 (v) IT information management;1 (vi) IT database administration;2 (vii) IT systems and infrastructure engineering;3 (viii) IT information security engineering;4 (ix) IT architecture;5 (x) IT management;6 (xi) Remote sensing analysis; and7 (xii) Data science.8 (b) The criminal history check done pursuant to paragraph (a) of this9 subsection shall be based on a completed ten (10) finger fingerprint10 card or scan and shall include, at a minimum, information from the Idaho11 bureau of criminal identification database and the federal bureau of12 investigation's criminal history database.13 (c) For the purposes of this section, "information technology" shall14 have the same meaning as provided for in section 67-831, Idaho Code.15 (12) (13) (14) To promulgate and adopt reasonable rules, subject to leg-16 islative approval, for effecting the purposes of this act pursuant to the17 provisions of chapter 52, title 67, Idaho Code.18
SECTION 31. That Section 67-2362, Idaho Code, as enacted by Section 3,19 Chapter 6, Laws of 2025, be, and the same is hereby amended to read as fol-20 lows:21 67-2362 67-2363. USE OF MULTIFACTOR IDENTIFICATION REQUIRED. (1) The22 legislative branch and its staff, the judicial branch and its staff, and the23 elected constitutional officers and their staffs shall implement the use of24 multifactor identification as that term is defined in section 67-831, Idaho25 Code.26 (2) Multifactor identification shall be required to access informa-27 tion technology devices or services as those terms are described in section28 67-831, Idaho Code, including but not limited to local and remote network29 access to any email accounts, cloud storage accounts, web applications,30 networks, databases, or servers.31
SECTION 32. That Section 67-5242, Idaho Code, be, and the same is hereby32 amended to read as follows:33 67-5242. PROCEDURE AT HEARING. (1) In a contested case other than an34 emergency proceeding held pursuant to section 62-5247 67-5247, Idaho Code,35 all parties shall receive notice that shall include:36 (a) A statement of the time, place, and nature of the hearing;37 (b) A statement of the legal authority under which the hearing is to be38 held; and39 (c) A short and plain statement of the matters asserted or the issues40 involved.41 (2) At the hearing, the presiding officer:42 (a) Shall regulate the course of the proceedings to assure that there43 is a full disclosure of all relevant facts and issues, including such44 cross-examination as may be necessary.45
40 (b) Shall afford all parties the opportunity to respond and present ev-1 idence and argument on all issues involved, except as restricted by a2 limited grant of intervention or by a prehearing order.3 (c) May give nonparties an opportunity to present oral or written4 statements. If the presiding officer proposes to consider a statement5 by a nonparty, the presiding officer shall give all parties an opportu-6 nity to challenge or rebut it and, on motion of any party, the presiding7 officer shall require the statement to be given under oath or affirma-8 tion.9 (d) Shall cause the hearing to be recorded at the agency's expense. Any10 party, at that party's expense, may have a transcript prepared or may11 cause additional recordings to be made during the hearing if the making12 of the additional recording does not cause distraction or disruption.13 (e) May conduct all or part of the hearing by telephone, video confer-14 ence, or other electronic means, if each participant in the hearing has15 an opportunity to participate in the entire proceeding while it is tak-16 ing place.17
SECTION 33. That Section 67-7602B, Idaho Code, be, and the same is18 hereby amended to read as follows:19 67-7602B. FUNDING. The Idaho heritage trust shall receive funds20 collected in section 49-450, Idaho Code, in the amount of fifty cents21 (50¢) per plate for the use of the copyrighted design provided in section22 49-443(10)(1), Idaho Code. The Idaho transportation department shall23 collect such funds and distribute them to the Idaho heritage trust fund24 quarterly. The role of the heritage trust is to accept proposals from the25 public requesting funds for heritage preservation projects. The proposals26 are evaluated on established criteria, and if in the opinion of the heritage27 trust they qualify, a grant may be awarded subject to the availability of28 funds. The heritage trust shall insure that the following occurs in respect29 to the management of funds:30 (1) Funds earned from the use of the motor vehicle license plate design31 shall be deposited directly into the trust fund where it will earn interest32 that will be used for heritage preservation projects. Contributions from33 private fund raising efforts may also be deposited to the trust fund.34 (2) Only the interest earned from the trust fund shall be expended, and35 the trust fund shall remain as a permanent endowment generating income in36 perpetuity for heritage preservation.37 (3) The Idaho heritage trust shall require project sponsors to match38 the funds granted for each project, so that no more than half the monetary39 support for any project shall come from the proceeds of the trust fund.40
SECTION 34. That Section 67-9407, Idaho Code, as enacted by Section 2,41 Chapter 83, Laws of 2025, be, and the same is hereby amended to read as fol-42 lows:43 67-9407 67-9418. REPORTING REQUIREMENTS. (1) For the purposes of this44 section:45
41 (a) "Agency" means a state agency that is subject to the provisions of1 section 67-1904, Idaho Code, and that is a licensing authority as de-2 fined in this chapter.3 (b) "Credible complaint" means an allegation supported by specific4 facts or evidence that reasonably warrants investigation of a potential5 quality-related violation or technical violation.6 (c) "Quality-related violation" means a disciplinary action that re-7 lates to direct consumer harm such as an injury from a practice error or8 negligence.9 (d) "Technical violation" means a disciplinary action that relates to10 the violation of a specific occupational licensing-related law or rule11 that does not cause direct consumer harm, such as failing to meet a con-12 tinuing education requirement, late renewal of a license, or failing to13 hold certain required insurance.14 (2) As part of the annual performance report that an agency is required15 to prepare pursuant to section 67-1904, Idaho Code, an agency shall, begin-16 ning with the fiscal year 2027 report, include the following information17 separately for each license under its purview:18 (a) The total number of licensees as of the last day of the fiscal year;19 (b) The total number of new licenses issued during the fiscal year;20 (c) The number of new applicants for licensure who were denied licen-21 sure during the fiscal year;22 (d) The number of licenses renewed during the fiscal year;23 (e) The number of licenses that were not renewed during the fiscal year;24 (f) The number of credible complaints against licensees during the fis-25 cal year; and26 (g) The number of final disciplinary actions against licensees during27 the fiscal year.28 (3) For disciplinary actions reported pursuant to subsection (2)(g) of29 this section, an agency shall report:30 (a) The number and type of disciplinary action taken, reported as a cor-31 rective action plan, civil fine, license suspension, license revoca-32 tion, or other;33 (b) The number of related disciplinary actions stemming from technical34 violations;35 (c) The number of related disciplinary actions stemming from quality-36 related violations; and37 (d) For all quality-related violations, a brief, de-identified summary38 of the violations suitable for the lay public to understand the nature39 of the case.40
SECTION 35. That Chapter 98, Title 67, Idaho Code, as enacted by Section41 2, Chapter 107, Laws of 2025, be, and the same is hereby amended to read as42 follows:43 CHAPTER 98 9944 IDAHO CONSTITUTIONAL MONEY ACT OF 202545 67-9801 67-9901. SHORT TITLE. This act shall be known and may be cited46 as the "Idaho Constitutional Money Act of 2025."47
42 67-9802 67-9902. DEFINITIONS. For the purposes of this chapter, the1 following terms have the following definitions:2 (1) "Debt" means any public or private obligation, tax or other pub-3 lic charge, or other provision in any contract, agreement, law, or regula-4 tion that requires and stipulates the payment of, or by the terms of which is5 payable in, some medium of exchange, currency, or money.6 (2) "Entity" means the state of Idaho, corporations, partnerships,7 trusts, labor unions, and unincorporated associations that reside or trans-8 act business or other operations within the state of Idaho.9 (3) "Gold and silver coin" means all such gold and silver coin as are10 allowable for a state:11 (a) To "make ... a tender in payment of debts" under the authority re-12 served to the several states in clause 1, section 10, article I of, and13 the tenth amendment to, the constitution of the United States; or14 (b) To employ as its own medium of exchange in the performance of its15 sovereign governmental functions.16 (4) "Legal tender" means a medium of exchange, currency, or money that17 may be offered and accepted for the satisfaction of debts under the laws of18 the state of Idaho or of the United States, as the case may be.19 (5) "Person" means all natural persons.20 (6) "Specie" means:21 (a) Stamped or imprinted coin having gold or silver content; or22 (b) Refined gold or silver bullion that is coined, stamped, or im-23 printed with its weight and purity and valued primarily based on its24 metal content and not its form.25 (7) "State" means the state of Idaho and all departments, agencies, of-26 ficials, and employees thereof.27 67-9803 67-9903. GOLD AND SILVER COIN AND SPECIE. (1) To the full ex-28 tent allowed by clause 1, section 10, article I of, and the tenth amendment29 to, the constitution of the United States, gold and silver coin and specie30 minted domestically shall be legal tender in the state of Idaho under the31 laws of this state. The state may also elect to use gold and silver coin and32 specie in conducting its business.33 (2) Unless expressly provided by statute or by contract, no person or34 other entity may compel another person or other entity to tender or accept35 gold or silver coin or specie unless agreed upon by the parties.36
SECTION 36. That Section 72-1330A, Idaho Code, as enacted by Section37 17, Chapter 29, Laws of 2025, be, and the same is hereby amended to read as38 follows:39 72-1330A 72-1330B. WORKPLACE MISCONDUCT. (1) "Workplace misconduct"40 means conduct in connection with employment that willfully disregards the41 employer's interest, willfully violates the employer's reasonable rules, or42 disregards a standard of behavior that the employer has a right to expect of43 its employees.44 (2) A claimant's conduct disregards a standard of behavior the employer45 has a right to expect of its employees when the conduct falls below the stan-46 dard of behavior expected by the employer and the employer's expectation was47 objectively reasonable. There is no requirement that the claimant's conduct48
43 be willful, intentional, or deliberate. The claimant's subjective state of1 mind is not a relevant factor in determining workplace misconduct pursuant2 to this subsection.3 (3) An employer's expectation shall be considered objectively reason-4 able when it is communicated to the employee or flows naturally from the em-5 ployment relationship. An expectation that flows naturally need not be com-6 municated to an employee to be considered objectively reasonable.7 (4) Mere inefficiency, unsatisfactory conduct, inadvertencies, iso-8 lated instances of ordinary negligence, good faith errors in judgment or9 discretion, or failure to meet the performance expectations of the employer10 because of inability or incapacity shall not be considered misconduct con-11 nected with employment.12 (5) Except as provided in section 72-1366(5), Idaho Code, conduct in-13 volving personal, nonjob-related behavior occurring outside the workplace14 shall not be considered workplace misconduct in connection with employment.15
SECTION 37. An emergency existing therefor, which emergency is hereby16 declared to exist, this act shall be in full force and effect on and after17 July 1, 2026. The provisions of Section 27 of this act shall be null, void and18 of no force and effect on and after July 1, 2027.19
LATEST ACTION
Introduced, read first time, referred to JRA for Printing
BILL INFO
- Session
- 2026
- Chamber
- house
- Status date
- Mar 13, 2026
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