Title 67 — STATE GOVERNMENT AND STATE AFFAIRS

67-4916. Officers to levy and collect taxes. It shall be the duty of the body having authority to levy taxes within each county, to levy the taxes of a district authorized to levy and collect ad valorem taxes as provided in this act and it shall be the duty of all officials charg…

67-4917. Sinking fund. Whenever any indebtedness has been incurred by a district authorized to levy and collect ad valorem taxes, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determin…

67-4917A. Purposes. The purposes of this act are to provide authority to auditorium or community center districts organized under chapter 49, title 67, Idaho Code, to levy and collect a "hotel/motel room sales tax" on the receipts derived by hotels and motels within the district …

67-4917B. Hotel/motel room sales tax. The board shall have power and authority to levy a sales tax of not to exceed five percent (5%) of the receipts derived by hotels and motels within the district from the furnishing of hotel and motel rooms, except no tax shall be imposed wher…

67-4917C. Collection and administration of hotel/motel room sales tax by state tax commission — Distribution. (1) A district which has levied a sales tax pursuant to section 67-4917B, Idaho Code, may contract with the state tax commission for the collection and administration of …

67-4918. Inclusion of property petitioned — Hearing — Order. The boundaries of any district organized under the provisions of this act may be changed in the manner herein prescribed, but the change of boundaries of the district shall not impair or affect its organization or its r…

67-4919. Exclusion of property petitioned — Hearing — Order. The owner or owners in fee of any real property constituting a portion of the district may file with the board a petition praying that such lands be excluded and taken from said district. Petitions shall describe the pr…

67-4920. Liability of property included or excluded. All real property included within, or excluded from, a district authorized to levy and collect ad valorem taxes shall thereafter be subject to the levy of taxes for the payment of any indebtedness of the district outstanding at…

67-4921. Issuance of negotiable coupon bonds — Form and terms. To carry out the purposes of this act, and to pay the necessary and ordinary expenses of a district authorized to levy and collect ad valorem taxes, the board is hereby authorized to issue negotiable coupon bonds of t…

67-4922. Submission of proposition to electorate. Whenever any board authorized to levy and collect property taxes shall, by resolution, determine that the interest of said district and the public interest or necessity demand the acquisition, construction, installation or complet…

67-4922A. Leasing of land and improvements. No provision of chapter 49, title 67, Idaho Code, shall be construed to prevent the board from entering into a lease for improvements and for real estate for any period in their discretion, not to exceed thirty (30) years, and the board…

67-4923. Notice of election. The board of a district authorized to levy and collect property taxes shall prescribe the form of the notice of election, and direct the publication of the same, the first publication of said notice to be as prescribed in chapter 14, title 34, Idaho C…

67-4924. Conduct of election — Canvass of returns. The county clerk shall conduct the election in the manner prescribed by the provisions of chapter 14, title 34, Idaho Code, and the returns thereof shall be canvassed and the results certified by the county clerk who shall report…

67-4925. Effect of election — Subsequent elections. In the event that it shall appear from said returns that the necessary percentage (as now specified by the constitution of the state of Idaho or as the same may hereafter be amended) of said qualified electors of the district au…

67-4926. Correction of faulty notices. In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be …

67-4928. Elections — Validation of acts. Whenever any auditorium district organized under the provisions of chapter 49, title 67, Idaho Code, shall have failed to hold any election provided for in section 67-4911, Idaho Code, for the election of a member or members of the board o…

67-4929. Inclusion or exclusion — Election procedure. Whenever under the provisions of sections 67-4918 and 67-4919, Idaho Code, owners or owners in fee of any real property have petitioned for inclusion or exclusion of property within the district, and the petition has been deni…

67-4930. Dissolution of district — Procedure. An auditorium district may be dissolved as follows: (a) Any person or persons may file a petition for the dissolution of an auditorium district with the clerk. Such petition, which may be in one (1) or more papers, shall state the nam…

67-5001. Creation of commission on aging — Composition — Appointment. There is hereby established in the executive office of the governor the Idaho commission on aging, hereafter referred to as the "commission," which shall have the duties, powers, and authorities as provided in …

67-5002. Organization — Meetings — Quorum — Compensation — Expenses. (1) The commissioners shall oversee the duties, powers and authorities of the commission. (2) The commissioners shall elect a chairman and vice-chairman at its first meeting. Thereafter, the chairman and vice-ch…

67-5003. Powers and duties of commission. The Idaho commission on aging administrator and staff shall carry out the following powers and duties, in consultation with the commissioners: (1) Serve as an advocate within state government and the community for older Idahoans; (2) Serv…

67-5004. Administrator — Appointment and term. An administrator of the Idaho commission on aging shall be appointed by the governor. The appointment shall be subject to confirmation by the senate. The administrator may be removed by the governor at will. The administrator’s compe…

67-5005. Legislative intent. The legislature hereby finds and recognizes the need to provide basic necessities to its older people in their later years and particularly in providing efficient community services, including access transportation, adequate nutrition, in-home service…

67-5006. Definitions. For the purposes of this chapter, the following terms are defined as follows: (1) "Transportation" — services designed to transport older persons to and from community facilities and resources for the purpose of applying for and receiving services, reducing …

67-5007. Grants to and contracts with local area agencies. The commission shall, based on the recommendations of the local area councils on aging, enter into funding agreements as grants or contracts with designated local area agencies, as provided by the Older Americans Act of 1…

67-5008. Programs for older persons. The commission shall upon reviewing recommendations from local area councils on aging, as required by the Older Americans Act of 1965, as amended, allocate to local designated area agencies grants or contracts for the following purposes: (1) T…

67-5009. Office of ombudsman for the elderly. The office of ombudsman for the elderly is hereby created within the commission. The ombudsman shall be able to independently make determinations and establish positions of the office without necessarily representing the determination…

67-5010. Grants or contracts for demonstration projects. The commission may, based on needs identified in Idaho’s community based service system for the elderly through its state planning process and at its discretion, enter into grants or contracts with area agencies or service …

67-5011. Adult protective services. Adult protective services for vulnerable adults shall be administered through the commission. Adult protective services are specialized social services directed toward assisting vulnerable adults who are unable to manage their own affairs, carr…

67-5101. State jurisdiction for civil and criminal enforcement concerning certain matters arising in Indian country. The state of Idaho, in accordance with the provisions of 67 Statutes at Large, page 589 (Public Law 280) hereby assumes and accepts jurisdiction for the civil and …

67-5102. Additional state jurisdiction with consent of tribe governing body. Additional state jurisdiction in criminal and civil causes of action may be extended to particular reservations or Indian country with the consent of the governing body of the tribe occupying the Indian …

67-5103. Matters excepted from state jurisdiction. Nothing in this act shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the U…

67-5201. Definitions. As used in this chapter: (1) "Administrative code" means the Idaho administrative code established in this chapter. (2) "Administrative law judge" means any hearing officer who is employed as a full-time state employee by the office of administrative hearing…

67-5202. Office of the administrative rules coordinator. (1) There is hereby established the office of the administrative rules coordinator in the division of financial management. The coordinator shall be a nonclassified employee and shall be appointed by and serve at the pleasu…

67-5203. Publication of administrative bulletin. (1) All documents required or authorized in this chapter or by other provision of law to be published shall initially be published electronically in the bulletin. The bulletin shall be published electronically by the administrative…

67-5204. Publication of administrative code. (1) The administrative rules coordinator shall every year publish electronically a publication to be known as the "Idaho Administrative Code." (2) The administrative code shall be a codification of: (a) All executive orders of the gove…

67-5205. Format — Costs — Distribution — Funds. (1) The administrative code and the permanent supplements thereto shall be published in such a manner that every agency has an opportunity to procure, at reasonable cost from the coordinator, individual electronic copies of the rule…

67-5206. Promulgation of rules implementing administrative procedure act. (1) In accordance with the rulemaking requirements of this chapter, the office of administrative hearings shall, subject to legislative approval, promulgate and maintain rules implementing the provisions of…

67-5207. Short title. This chapter may be cited as the "Idaho Administrative Procedure Act."

67-5207A. policy statements — guidance documents. Agency policy statements and guidance documents shall not have the force and effect of law.

67-5220. Notice of intent to promulgate rules — Negotiated rulemaking. (1) Prior to the adoption, amendment or repeal of a rule, an agency shall determine whether negotiated rulemaking is feasible. The agency’s determination of whether negotiated rulemaking is feasible is not sub…

67-5221. Public notice of proposed rulemaking. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall publish notice of proposed rulemaking in the bulletin. The notice of proposed rulemaking shall include: (a) The specific statutory authority for the rulemaki…

67-5222. Public participation. (1) Prior to the adoption of a rule, the agency shall afford all interested persons reasonable opportunity to submit data, views and arguments, orally or in writing. The agency shall receive comments for not less than twenty-one (21) days after the …

67-5223. Interim legislative review — Statement of economic impact. (1) After notice of proposed rulemaking is filed with the coordinator, the coordinator, after making technical corrections as authorized in section 67-5202, Idaho Code, shall provide the notice, accompanied by th…

67-5224. Pending rule. (1) Prior to the adoption of a rule, the agency shall consider fully all written and oral submissions respecting the proposed rule. (2) Subject to the provisions of subsection (3) of this section, the agency shall publish the text of a pending rule and a no…

67-5225. Rulemaking record. (1) Prior to the adoption, amendment, or repeal of a rule, the agency shall prepare a rulemaking record. The record shall be maintained in the main offices of the agency. (2) The rulemaking record shall be available for public inspection and copying. T…

67-5226. Temporary rules. (1) If the governor finds that: (a) Protection of the public health, safety, or welfare; or (b) Compliance with deadlines in amendments to governing law or federal programs; or (c) Reducing a regulatory burden that would otherwise impact individuals or b…

67-5227. Variance between pending rule and proposed rule. An agency may adopt a pending rule that varies in content from that which was originally proposed if the subject matter of the rule remains the same, the pending rule is a logical outgrowth of the proposed rule, and the or…

67-5228. Exemption from regular rulemaking procedures. An agency may amend a pending rule to correct typographical errors, transcription errors, or clerical errors without compliance with regular rulemaking procedures when the amendments are approved by the coordinator. Such amen…

67-5229. Incorporation by reference. (1) If the incorporation of its text in the agency rules would be unduly cumbersome, expensive, or otherwise inexpedient, an agency may incorporate by reference in its rules and without republication of the incorporated material in full, all o…