Title 67 — STATE GOVERNMENT AND STATE AFFAIRS

67-3810. recording OF CERTAIN Documents required. (1) A local government that authorizes financing through special assessments pursuant to this chapter shall: (a) File a written notice of assessment and C-PACE lien in the records of the office of the county register of deeds of t…

67-3811. Effect of recording. (1) A special assessment and any interest or penalties on the assessment: (a) Is a first and prior lien against the commercial property on which the assessment is imposed, from the date on which the notice of special assessment is recorded pursuant t…

67-3812. contracts with other governmental entities. The local government implementing a C-PACE program pursuant to this chapter may contract with another local governmental entity, including a county assessor of property, to perform the duties of the local government relating to…

67-3813. joint implementation or administration. (1) A combination of local governments may agree to jointly implement or administer a program pursuant to this chapter. (2) If two (2) or more local governments implement a program jointly, then a single public hearing held jointly…

67-3814. prohibited actions. A local government that establishes a region, as defined in section 67-3803, Idaho Code, shall not: (1) Make the issuance of a permit, license, or other authorization from the local government to a person who owns property in the region contingent on …

67-3815. no full faith and credit. The state or any local government shall not use public funds to fund or repay a loan between a capital provider and a property owner. This chapter does not pledge, offer, or encumber the full faith and credit of a local government. A local gover…

67-3901. "Taxing district" defined. For the purpose of this act a "taxing district" is hereby defined to be a "taxing district" as described in chapter IX of an act of Congress entitled "An act to establish a uniform system of bankruptcy throughout the United States," approved Ju…

67-3902. Exercise of powers. All powers herein granted to taxing districts may be exercised by such districts, or, in the event that such districts have no officers of their own, such powers may be exercised by the officers who have the power to contract on behalf of such distric…

67-3903. Petition by district. Any taxing district in the state of Idaho is hereby authorized to file the petition mentioned in the Federal Bankruptcy Statute, and to incur and pay the expenses thereof and any and all other expenses necessary or incidental to the consummation of …

67-3904. Resolution authorizing filing. Before the filing of any petition referred to in section 67-3903 hereof, such taxing district shall adopt a resolution authorizing the filing thereof and authorizing its duly and regularly elected or appointed attorney or special counsel du…

67-3905. Plan of readjustment authorized. Any taxing district is hereby authorized and empowered to take any and all action necessary to carry out any plan of readjustment contemplated in said petition, or as the same may be modified from time to time, subject only to the provisi…

67-3906. Prerequisite to decree. No final decree or order of the United States district court confirming a plan of readjustment shall be effective for the purpose of binding the taxing district unless and until such taxing district files with the court a certified copy of a resol…

67-3907. Powers of district to consummate plan of readjustment. Upon the filing of such certified copy of such resolution, any taxing district shall have power to consummate the plan of readjustment including the following powers: a. Cancellation and Remission. To cancel in whole…

67-3908. Validation. Whenever any taxing district has heretofore filed or purported or attempted to file a petition under chapter IX of the Federal Bankruptcy Statute or has taken or attempted to take any other proceedings under or in contemplation of proceedings under chapter IX…

67-3909. Effect and application. This act shall in no wise affect any other act or acts now existing or which may hereafter be adopted covering the same subject-matter, or apply to any proceedings thereunder, but is intended to and does provide, among other matters, an alternativ…

67-3910. Separability. This act and all of its provisions shall be liberally construed to the end that the purposes hereof may be made effective. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall …

67-4001. Definitions. For the purpose of this chapter, "Indian tribe" shall mean the Coeur d’Alene Tribe, the Kootenai Tribe of Idaho, the Nez Perce Tribe, the Shoshone Bannock Tribes of the Fort Hall Reservation, or the Shoshone-Paiute Tribes of the Duck Valley Reservation.

67-4002. Authority to enter into agreements with tribes. (1) Any public agency as defined in section 67-2327, Idaho Code, or the state of Idaho or any of its political subdivisions may enter into agreements with the Indian tribes enumerated in section 67-4001, Idaho Code, for tra…

67-4003. Powers of agencies not diminished. Nothing in this chapter shall be interpreted to grant to any state or public agency thereof or Indian tribe or public agency thereof the power to increase or diminish the political or governmental power of the United States, the state o…

67-4004. Council on Indian affairs created — Appointment of members. There is hereby created the Idaho council on Indian affairs which shall consist of ten (10) members, one (1) to be appointed by the governor, two (2) to be appointed by the president pro tempore of the senate fr…

67-4005. Organization of council. The council shall meet twice a year and may be called for special meetings from time to time by a majority of the council members. The council shall elect two (2) cochairs. One (1) cochair shall be a legislative member and one (1) cochair shall b…

67-4006. Governments to cooperate. The tribal governments and the state government together with its political subdivisions shall cooperate to provide relevant information and assistance on any matters requested by the council and shall share the burden of operational expenses an…

67-4007. Powers and duties of the council. The council shall have the following powers and duties: (1) To monitor and review legislation and state policies which impact state/tribal relations in the areas of jurisdiction, governmental sovereignty, taxation, natural resources, eco…

67-4111. declaration of policy. (1) The citizens of the state of Idaho have an ongoing appreciation, pride and interest in the history of Idaho and the preservation of Idaho’s historic resources. There is a need to enhance the cultural environment of the state of Idaho. Industry,…

67-4112. definitions. As used in this chapter: (1) "Board" means the board of trustees of the Idaho state historical society. (2) "Historical record" means any record, artifact, object, historical or archaeological site or structure, document, evidence or public or private writin…

67-4113. Historic site designation — Public notice and comment. No state agency or officer may recommend, designate or declare or cause any historic site to be designated as an historic site without first: (1) Sending notification to the board of county commissioners and, if with…

67-4114. Purpose — Preservation of historical sites and monuments. The purpose of this act is to identify, to preserve, and to protect those sites, monuments, and points of interest within the state of Idaho which by reason of their connection with the history and development of …

67-4115. Designation. The governor of this state is hereby authorized, in his discretion, upon the advice and recommendation of the Idaho State Historical Society, to designate, establish, and declare any historic or archaeological site, monument, or point of interest in this sta…

67-4116. Marking and maintenance. The Idaho State Historical Society shall provide signs or markers for Idaho state historic sites. Said markers, if located upon land owned by the state of Idaho, shall be maintained by the department of the state having charge of the administrati…

67-4117. Approval of markers, monuments and signs. No marker, monument, nor sign referring to or memorializing any historic event shall be placed on or adjacent to any highway of the state of Idaho on land owned by the state of Idaho, or over which the state of Idaho has an easem…

67-4118. Penalty for damage, injury, molestation, or destruction of an archaeological or historical site, or marker. Any person who shall in any way wilfully, intentionally, or recklessly damage, molest, disturb, destroy, or harm any archaeological or any historic site, or who sh…

67-4119. Purpose — Protection of archaeological and vertebrate paleontological sites and resources. The purpose of this act is to protect archaeological and vertebrate paleontological sites and resources on public lands in the state of Idaho and to ensure their safety and availab…

67-4120. Permits for excavation. A permit shall first be obtained from the board of trustees of the Idaho State Historical Society before any excavation in or on any prehistoric site, ruins, pictographs, petroglyphs, or any other ancient marking or writing, or in or on any archae…

67-4121. Regulations — collections held in trust. (1) The board of trustees of the Idaho state historical society is hereby authorized and empowered to promulgate and to enforce such regulations as it may deem needful to protect the prehistoric ruins and relics and archaeological…

67-4122. Penalties. Any person violating this act shall be guilty of a misdemeanor and, upon conviction thereof, shall, in addition to any other penalties imposed, forfeit to the state of Idaho all articles and materials he acquired from or discovered on such archaeological or ve…

67-4123. State historical society — Governed by board of trustees. The Idaho state historical society, hereinafter referred to as the society, shall be governed by a board of trustees. The society and its board of trustees shall, for the purposes of section 20, article IV, of the…

67-4124. Board of trustees — Qualifications, appointment and terms of members. The board of trustees shall consist of seven (7) members to be appointed by the governor. The members of the board shall be chosen with due regard to their knowledge, competence, experience and interes…

67-4125. Board meetings — Officers — Quorum — Expenses. The board shall hold such meetings as may be necessary for the orderly conduct of its business, with at least one (1) meeting in each calendar quarter, and from time to time on seventy-two (72) hours’ notice of the chairman …

67-4126. Powers and duties of board. The board of trustees of the society shall have powers and duties as follows: 1. To appoint a director of the society as provided herein and advise him in the performance of his duties and formulate general policies affecting the society. 2. T…

67-4127. Director of the society appointed by board — Powers and duties. A director of the society shall be appointed by the board of trustees, serve at the pleasure of the board, be qualified by reason of his education, training, experience and demonstrated ability to fill such …

67-4127A. State historic preservation officer appointed by the governor. The state historic preservation officer shall be appointed by the governor, serve at the pleasure of the governor and be qualified by reason of his education, training, experience and demonstrated ability to…

67-4128. Title to property vested in board. All rights and title to property, real and personal, belonging to the historical society of the state of Idaho are hereby vested in the board of trustees and their successors.

67-4129. Board empowered to acquire and dispose of property. The board of trustees of the society is empowered to acquire, by purchase or exchange, any property which in the judgment of the board is needful for the operation of the society, and to dispose of, by sale or exchange,…

67-4129A. Historical society account. The director of the Idaho state historical society may receive, on behalf of the society, any money or real or personal property donated, bequeathed, devised, or conditionally granted to the society. "Donated," as used in this section, shall …

67-4129B. Idaho historic preservation and cultural enhancement fund. (1) There is hereby created in the state treasury the Idaho historic preservation and cultural enhancement fund. Moneys in the fund shall consist of grants, federal moneys, donations or funds from any other sour…

67-4129C. Records Management Services Fund. There is hereby created in the state treasury the "records management services fund." Moneys in the fund shall consist of funds received from state and local governmental agencies for records management services. The Idaho state histori…

67-4130. Franklin County Pioneer Relic Hall — Recognition — Administration — Appropriations. (1) There is hereby reaffirmed the recognition accorded the Franklin County Pioneer Relic Hall pursuant to chapter 31, laws of 1935, and accepted by the state of Idaho October 14, 1935 as…

67-4131. records Management Services — rules, guidelines, procedures. (1) The Idaho state historical society may develop, subject to the provisions of chapter 52, title 67, Idaho Code, rules and procedures pertaining to records management services. Rules, or if rules are not adop…

67-4201. Withdrawal of lands for park purposes. Wherever any lands are owned by the state of Idaho, bordering on or in the vicinity of any lake, waterfall, spring or other natural curiosity, the park and recreation board of the department of parks and recreation may withdraw the …

67-4202. Heyburn Park. The name of the park created out of Coeur d’Alene Indian reservation by the act of congress of April 30, 1908 (35 Statutes at Large, 78), shall be Heyburn Park, said park being described as follows, to wit: Sections one (1), two (2) and twelve (12), townshi…