EDUCATION – Amends existing law to provide for Lewis-Clark State University.

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1234
BY
EDUCATION
COMMITTEE
AN
ACT
1
RELATING
TO
EDUCATION;
PROVIDING
LEGISLATIVE
INTENT;
AMENDING
SECTION
2
1
-
505,
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY;
AMEND
-
3
ING
SECTION
33
-
101,
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNI
-
4
VERSITY
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
33
-
107A,
5
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY;
AMENDING
SEC
-
6
TION
33
-
107C,
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY;
7
AMENDING
THE
HEADING
FOR
CHAPTER
31,
TITLE
33,
IDAHO
CODE,
TO
PROVIDE
8
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY;
AMENDING
SECTION
33
-
3101,
IDAHO
9
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY
AND
TO
MAKE
A
TECHNI
-
10
CAL
CORRECTION;
AMENDING
SECTION
33
-
3102,
IDAHO
CODE,
TO
PROVIDE
FOR
1
1
LEWIS
-
CLARK
STATE
UNIVERSITY
AND
TO
MAKE
A
TECHNICAL
CORRECTION;
AMEND
-
12
ING
SECTION
33
-
3104,
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNI
-
13
VERSITY
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
33
-
3106,
14
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY
AND
TO
MAKE
A
15
TECHNICAL
CORRECTION;
AMENDING
SECTION
33
-
3113,
IDAHO
CODE,
TO
PRO
-
16
VIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY;
AMENDING
SECTION
33
-
3114,
IDAHO
17
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY
AND
TO
MAKE
TECH
-
18
NICAL
CORRECTIONS;
AMENDING
SECTION
33
-
3116,
IDAHO
CODE,
TO
PROVIDE
19
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
20
AMENDING
SECTION
33
-
3301B,
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
21
STATE
UNIVERSITY
AND
TO
MAKE
A
TECHNICAL
CORRECTION;
AMENDING
SEC
-
22
TION
33
-
3302,
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY;
23
AMENDING
SECTION
33
-
3701,
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
24
STATE
UNIVERSITY
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
25
33
-
3717A,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
STATE
COLLEGES
26
AND
UNIVERSITIES
AND
TO
MAKE
A
TECHNICAL
CORRECTION;
AMENDING
SECTION
27
33
-
3726,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
HIGHER
EDUCA
-
28
TION
STABILIZATION
FUND
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
29
SECTION
33
-
3803,
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVER
-
30
SITY
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
41
-
4002,
IDAHO
31
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY
AND
TO
MAKE
TECHNI
-
32
CAL
CORRECTIONS;
AMENDING
SECTION
67
-
2332A,
IDAHO
CODE,
TO
PROVIDE
FOR
33
LEWIS
-
CLARK
STATE
UNIVERSITY;
AMENDING
SECTION
67
-
5302,
IDAHO
CODE,
TO
34
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY
AND
TO
MAKE
TECHNICAL
CORREC
-
35
TIONS;
AMENDING
SECTION
67
-
9203,
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
36
STATE
UNIVERSITY
AND
TO
MAKE
TECHNICAL
CORRECTIONS;
AMENDING
SECTION
37
67
-
9801,
IDAHO
CODE,
TO
PROVIDE
FOR
LEWIS
-
CLARK
STATE
UNIVERSITY;
AND
38
DECLARING
AN
EMERGENCY.
39
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
40
SECTION
1.
LEGISLATIVE
INTENT.
It
is
the
intent
of
the
Legislature
41
in
changing
the
name
of
Lewis
-
Clark
State
College
to
identify
and
clearly
42
recognize
the
newly
named
Lewis
-
Clark
State
University
as
the
four
-
year
43

2
institution
that
it
is.
Nothing
in
this
act
shall
be
interpreted
to
im
-
1
ply
a
change
in
mission
or
academic
classification
of
Lewis
-
Clark
State
2
University.
Lewis
-
Clark
State
University
will
remain
a
teaching
-
focused
3
institution
and,
therefore,
there
are
no
new
ongoing
costs
associated
with
4
the
name
change.
5
SECTION
2.
That
Section
1
-
505,
Idaho
Code,
be,
and
the
same
is
hereby
6
amended
to
read
as
follows:
7
1
-
505.
DISTRIBUTION
OF
REPORTS.
The
reporter
shall
have
no
pecuniary
8
interest
in
the
reports.
The
decisions
of
the
said
supreme
court
shall
be
9
prepared
for
publication,
by
the
reporter,
as
rapidly
as
possible,
and
as
10
soon
as
a
sufficient
number
of
decisions
are
prepared
to
fill
a
volume,
such
1
1
a
volume
shall
be
printed,
and
as
many
copies
thereof
as
directed
by
the
ad
-
12
ministrative
director
of
the
courts,
shall
be
delivered
to
the
state
law
li
-
13
brarian,
who
shall
distribute
them
as
follows:
to
the
librarian
of
congress,
14
three
(3)
copies;
to
the
Idaho
state
law
library,
five
(5)
copies;
to
the
uni
-
15
versity
of
Idaho,
general
library,
two
(2)
copies;
to
the
Idaho
state
univer
-
16
sity
library,
one
(1)
copy;
to
Boise
state
university
library,
one
(1)
copy;
17
to
the
college
of
law
of
the
university
of
Idaho,
twelve
(12)
copies;
to
the
18
Lewis
-
Clark
state
college
university
,
one
(1)
copy;
to
the
library
at
the
19
state
penitentiary,
one
(1)
copy;
to
each
county
prosecuting
attorney,
one
20
(1)
copy;
to
each
magistrate,
one
(1)
copy;
to
each
district
judge,
one
(1)
21
copy;
to
each
justice
of
the
supreme
court,
one
(1)
copy;
to
the
clerk
of
the
22
supreme
court,
one
(1)
copy;
to
the
attorney
general,
five
(5)
copies;
one
23
(1)
copy
to
the
department
of
lands
of
Idaho;
one
(1)
copy
to
the
public
util
-
24
ities
commission
of
Idaho;
one
(1)
copy
to
the
industrial
commission;
one
(1)
25
copy
to
the
division
of
public
works;
one
(1)
copy
to
the
department
of
insur
-
26
ance;
one
(1)
copy
to
the
judiciary
committee
of
the
senate
during
sessions
27
of
the
legislature;
one
(1)
copy
to
the
judiciary
committee
of
the
house
of
28
representatives
during
sessions
of
the
legislature;
to
each
state
and
terri
-
29
tory
in
the
United
States
sending
to
this
state
copies
of
its
printed
court
30
reports,
one
(1)
copy
for
the
use
of
the
state
library
or
law
library
thereof;
31
to
each
foreign
state
or
country,
sending
to
this
state
copies
of
its
printed
32
court
reports,
one
(1)
copy;
to
the
governor,
secretary
of
state,
state
trea
-
33
surer,
state
controller,
superintendent
of
public
instruction,
each
one
(1)
34
copy;
and
to
other
officers
and
institutions
as
directed
by
the
administra
-
35
tive
director
of
the
courts;
provided,
that
each
public
officer
receiving
a
36
copy
of
any
volume
or
volumes
of
said
reports
under
the
provisions
of
this
37
section,
shall
take
good
care
of
the
same,
and
shall
upon
retiring
from
of
-
38
fice,
turn
the
same
over
to
his
successor
in
office,
provided
further,
that
39
copies
of
any
volume
of
such
reports
may
be
again
issued
to
any
of
said
of
-
40
ficers,
institutions,
states
or
territories
upon
good
and
sufficient
proof
41
of
loss
of
the
copies
sought
to
be
replaced,
presented
to
the
administrative
42
director
of
the
courts,
who
may
direct
the
librarian
to
furnish
another
copy
43
of
the
volume
so
lost,
in
place
thereof.
Any
of
the
said
officers,
insti
-
44
tutions,
states
or
territories
may
inform
the
administrative
director
that
45
they
do
not
wish
to
receive
these
volumes
or
wish
to
receive
a
lesser
num
-
46
ber
of
volumes
than
specified
in
this
section.
The
state
law
librarian
shall
47
then
cease
distributing
volumes
to
those
recipients
who
no
longer
wish
to
re
-
48
ceive
them,
and
shall
distribute
the
number
of
volumes
requested
to
those
49

3
recipients
who
wish
to
receive
a
lesser
number
of
volumes
than
specified
in
1
this
section.
Recipients
may
also
inform
the
administrative
director
that
2
they
wish
to
resume
receiving
the
volumes,
or
wish
to
resume
receiving
the
3
full
number
of
volumes
specified
in
this
section,
and
the
state
law
librarian
4
shall
then
distribute
to
those
recipients
the
volumes
published
thereafter
5
in
the
number
specified
in
this
section.
6
SECTION
3.
That
Section
33
-
101,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
33
-
101.
CREATION
OF
BOARD.
For
the
general
supervision,
governance
,
9
and
control
of
all
state
educational
institutions,
to
wit:
University
of
10
Idaho,
Idaho
State
University,
Boise
State
University,
Lewis
-
Clark
State
1
1
College,
the
School
for
the
Deaf
and
the
Blind
university
of
Idaho,
Idaho
12
state
university,
Boise
state
university,
Lewis
-
Clark
state
university,
the
13
school
for
the
deaf
and
the
blind,
and
any
other
state
educational
institu
-
14
tion
which
may
hereafter
be
founded,
and
for
the
general
supervision,
gov
-
15
ernance
,
and
control
of
the
public
school
systems,
including
public
commu
-
16
nity
colleges,
a
state
board
of
education
is
created.
The
said
board
shall
be
17
known
as
the
state
board
of
education
and
board
of
regents
of
the
University
18
university
of
Idaho.
19
For
the
purposes
of
section
20,
article
IV,
of
the
constitution
of
the
20
state
of
Idaho,
the
state
board
of
education
and
all
of
its
offices,
agen
-
21
cies,
divisions
,
and
departments
shall
be
an
executive
department
of
state
22
government.
23
Where
the
term
"state
board"
shall
hereafter
appear,
it
shall
mean
the
24
state
board
of
education
and
board
of
regents
of
the
University
university
of
25
Idaho.
26
SECTION
4.
That
Section
33
-
107A,
Idaho
Code,
be,
and
the
same
is
hereby
27
amended
to
read
as
follows:
28
33
-
107A.
BOARD
MAY
ESTABLISH
AN
OPTIONAL
RETIREMENT
PROGRAM.
(1)
The
29
state
board
of
education
may
establish
an
optional
retirement
program
under
30
which
contracts
providing
retirement
and
death
benefits
may
be
purchased
for
31
nonclassified
staff,
pursuant
to
section
67
-
5303,
Idaho
Code,
of
the
univer
-
32
sity
of
Idaho,
Idaho
state
university,
Boise
state
university,
Lewis
-
Clark
33
state
college
university,
and
the
office
of
the
state
board
of
education
who
34
are
hired
on
or
after
July
1,
1993;
provided,
however,
that
no
such
employee
35
shall
be
eligible
to
participate
in
an
optional
retirement
program
unless
he
36
would
otherwise
be
eligible
for
membership
in
the
public
employee
retirement
37
system
of
Idaho.
38
(2)
The
state
board
of
education
is
hereby
authorized
to
provide
for
the
39
administration
of
the
optional
retirement
program
and
to
perform
or
autho
-
40
rize
the
performance
of
such
functions
as
may
be
necessary
for
such
purposes.
41
The
board
shall
designate
the
company
or
companies
from
which
contracts
are
42
to
be
purchased
under
the
optional
retirement
program
and
shall
approve
the
43
form
and
contents
of
such
contracts.
In
making
the
designation
and
giving
44
approval,
the
board
shall
consider:
45
(a)
The
nature
and
extent
of
the
rights
and
benefits
to
be
provided
by
46
such
contracts
for
participants
and
their
beneficiaries;
47

4
(b)
The
relation
of
such
rights
and
benefits
to
the
amount
of
contribu
-
1
tions
to
be
made;
2
(c)
The
suitability
of
such
rights
and
benefits
to
the
needs
of
the
par
-
3
ticipants
and
the
interests
of
the
institutions
in
the
recruitment
and
4
retention
of
staff
members;
and
5
(d)
The
ability
of
the
designated
company
to
provide
such
suitable
6
rights
and
benefits
under
such
contracts.
7
(3)
Nonclassified
staff
initially
appointed
or
hired
on
or
after
July
8
1,
1993,
shall
participate
in
the
optional
retirement
plan,
except
vested
9
members
of
the
public
employee
retirement
system
of
Idaho,
as
defined
in
sec
-
10
tion
59
-
1302,
Idaho
Code.
Nonclassified
employees
hired
by
the
office
of
1
1
the
state
board
of
education
on
or
after
July
1,
2024,
with
previous
credited
12
service
in
the
public
employee
retirement
system
of
Idaho
may
make
a
onetime
13
irrevocable
election
to
remain
a
member
of
the
public
employee
retirement
14
system
of
Idaho.
Such
election
shall
be
made
in
writing
within
sixty
(60)
15
days
of
initial
hire
or
appointment
and
filed
with
the
administrative
offi
-
16
cer
of
the
employing
institution
or
agency.
17
(4)
(a)
Each
institution
shall
contribute
on
behalf
of
each
participant
18
in
its
optional
retirement
program
the
following:
19
(i)
To
the
designated
company
or
companies,
an
amount
equal
to
20
nine
and
thirty
-
five
hundredths
percent
(9.35%)
of
each
partici
-
21
pant's
salary,
reduced
by
any
amount
necessary,
if
any,
to
provide
22
contributions
to
a
total
disability
program
provided
either
by
the
23
state
or
by
a
private
insurance
carrier
licensed
and
authorized
to
24
provide
such
benefits,
or
any
combination
thereof,
but
in
no
event
25
less
than
five
percent
(5%)
of
each
participant's
salary;
and
26
(ii)
To
the
public
employee
retirement
system,
an
amount
equal
27
to
one
and
forty
-
nine
hundredths
percent
(1.49%)
of
salaries
of
28
members
who
are
participants
in
the
optional
retirement
program.
29
This
amount
shall
be
paid
until
July
1,
2025,
and
is
in
lieu
of
30
amortization
payments
and
withdrawal
contributions
required
pur
-
31
suant
to
chapter
13,
title
59,
Idaho
Code.
32
(b)
Each
participant
shall
contribute
an
amount
equal
to
six
and
33
ninety
-
seven
hundredths
percent
(6.97%)
of
the
participant's
salary.
34
Employee
contributions
may
be
made
by
employer
pickup
pursuant
to
sec
-
35
tion
59
-
1332,
Idaho
Code.
36
(c)
Payment
of
contributions
authorized
or
required
under
this
subsec
-
37
tion
shall
be
made
by
the
financial
officer
of
the
employing
institution
38
to
the
designated
company
or
companies
for
the
benefits
of
each
partici
-
39
pant.
40
(5)
Any
person
participating
in
the
optional
retirement
program
shall
41
be
ineligible
for
membership
in
the
public
employee
retirement
system
of
42
Idaho
as
long
as
he
remains
continuously
employed
in
a
nonclassified
posi
-
43
tion.
44
(6)
A
retirement,
death
or
other
benefit
shall
not
be
paid
by
the
state
45
of
Idaho
or
the
state
board
of
education
for
services
credited
under
the
46
optional
retirement
program.
Such
benefits
are
payable
to
participants
or
47
their
beneficiaries
only
by
the
designated
company
or
companies
in
accor
-
48
dance
with
the
terms
of
the
contracts.
49

5
SECTION
5.
That
Section
33
-
107C,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
33
-
107C.
BOARD
MAY
ESTABLISH
ADDITIONAL
RETIREMENT
PLANS.
(1)
The
3
state
board
of
education
and
the
board
of
regents
of
the
university
of
4
Idaho
may
establish
one
(1)
or
more
retirement
plans
as
described
herein
5
for
members
of
the
teaching
staff
and
officers
of
the
university
of
Idaho,
6
Idaho
state
university,
Boise
state
university,
Lewis
-
Clark
state
college
7
university,
and
the
state
board
of
education
who
are
eligible
to
participate
8
in
an
optional
retirement
program
described
in
section
33
-
107A,
Idaho
Code,
9
or
section
33
-
107B,
Idaho
Code,
or
who
are
vested
members
in
the
public
em
-
10
ployee
retirement
system
of
Idaho.
1
1
(2)
A
plan
established
under
this
section
shall
comply
with
federal
tax
12
laws
applicable
to
the
design
of
the
plan,
which
may
include
sections
401(a),
13
403(b),
415(m),
457(b)
and
457(f)
of
the
Internal
Revenue
Code
or
other
fed
-
14
eral
tax
laws.
15
(3)
To
the
extent
permitted
by
federal
tax
law,
a
plan
established
under
16
this
section
may
provide
for
contributions
or
payments
solely
at
the
direc
-
17
tion
of
the
employer,
or
deferral
of
an
employee's
compensation
at
the
elec
-
18
tion
of
the
employee.
19
SECTION
6.
That
the
Heading
for
Chapter
31,
Title
33,
Idaho
Code,
be,
20
and
the
same
is
hereby
amended
to
read
as
follows:
21
CHAPTER
31
22
LEWIS
-
CLARK
STATE
COLLEGE
UNIVERSITY
23
SECTION
7.
That
Section
33
-
3101,
Idaho
Code,
be,
and
the
same
is
hereby
24
amended
to
read
as
follows:
25
33
-
3101.
ESTABLISHMENT
OF
SCHOOL.
An
institute
of
higher
education
26
for
the
state
of
Idaho
is
hereby
established
in
the
city
of
Lewiston,
in
27
the
county
of
Nez
Perce,
to
be
called
the
Lewis
-
Clark
State
College
state
28
university
,
heretofore
called
the
Lewis
-
Clark
Normal
School
normal
school
,
29
the
purposes
of
which
shall
be
the
offering
and
the
giving
of
instruction
in
30
college
courses
in
the
sciences,
arts
and
literature,
professional,
techni
-
31
cal,
and
courses
or
programs
of
higher
education
as
are
usually
included
in
32
colleges
and
universities
leading
to
the
granting
of
appropriate
collegiate
33
degrees
as
approved
by
the
state
board
of
education.
34
SECTION
8.
That
Section
33
-
3102,
Idaho
Code,
be,
and
the
same
is
hereby
35
amended
to
read
as
follows:
36
33
-
3102.
BOARD
OF
TRUSTEES.
The
Lewis
-
Clark
State
College
state
uni
-
37
versity
is
hereby
declared
to
be
a
body
politic
and
corporate,
with
its
own
38
seal
and
having
power
to
sue
and
be
sued
in
its
own
name.
The
general
supervi
-
39
sion,
government
,
and
control
of
the
Lewis
-
Clark
State
College
state
univer
-
40
sity
is
vested
in
the
state
board
of
education,
which
shall
act
as
the
board
41
of
trustees
of
the
Lewis
-
Clark
State
College
state
university
.
42

6
SECTION
9.
That
Section
33
-
3104,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
33
-
3104.
GENERAL
POWERS
AND
DUTIES
OF
BOARD.
All
rights
and
title
to
3
property,
real
or
personal,
belonging
to
or
vested
in
the
Lewis
-
Clark
State
4
College
state
university
are
hereby
vested
in
its
board
of
trustees
and
their
5
successors.
The
board
of
trustees
is
empowered
to
acquire,
by
purchase
or
6
exchange,
any
property
which
in
the
judgment
of
the
board
is
needful
for
the
7
operation
of
the
Lewis
-
Clark
State
College
state
university
;
and
to
dispose
8
of,
by
sale
or
exchange,
any
property
which
in
the
judgment
of
the
board
is
9
not
needful
for
the
operation
of
the
college
university
.
10
The
board
of
trustees
of
the
Lewis
-
Clark
State
College
state
university
1
1
shall
have
the
following
powers:
12
1.
(a)
To
adopt
rules
and
regulations
for
its
own
government
and
for
13
that
of
the
college
university
.
14
2.
(b)
To
accept
grants
or
gifts
of
money,
materials
or
property
of
any
15
kind
from
any
governmental
agency,
or
from
any
person,
firm
or
association,
16
on
such
terms
as
may
be
determined
by
the
grantor.
17
3.
(c)
To
cooperate
with
any
governmental
agency,
or
any
person,
firm
18
or
association
in
the
conduct
of
any
educational
program,
to
accept
grants
19
or
gifts
from
any
source
for
the
conduct
of
such
program;
and
to
conduct
such
20
program
on
or
off
campus.
21
4.
(d)
To
employ
architects
or
engineers
in
planning
the
construction,
22
remodeling
or
repair
of
any
building
or
property,
and
whenever
no
other
23
agency
is
designated
by
law
to
do
so,
to
let
contracts
for
such
construction,
24
remodeling
or
repair
and
to
supervise
the
work
thereof.
25
5.
(e)
To
have
at
all
times,
general
supervision
and
control
of
all
26
property,
real
or
personal,
appertaining
to
the
college
university
,
and
to
27
insure
the
same.
28
SECTION
10.
That
Section
33
-
3106,
Idaho
Code,
be,
and
the
same
is
hereby
29
amended
to
read
as
follows:
30
33
-
3106.
PRESIDENT
AND
OTHER
TEACHERS,
OFFICERS,
AND
EMPLOYEES
-
-
31
SALARIES
AND
DUTIES
-
-
REMOVAL.
The
board
of
trustees
shall
have
power
to
32
employ
a
president
of
the
college
university
and,
with
his
advice,
to
appoint
33
such
assistants,
deans,
instructors,
specialists
,
and
other
employees
as
34
are
required
for
the
operation
of
the
college
university
;
to
fix
salaries
35
and
to
prescribe
duties
and
to
remove
the
president
or
other
employees
in
36
accordance
with
the
policies
and
rules
of
the
state
board
of
education.
37
SECTION
11.
That
Section
33
-
3113,
Idaho
Code,
be,
and
the
same
is
hereby
38
amended
to
read
as
follows:
39
33
-
3113.
SECTARIAN
TESTS
PROHIBITED.
No
religious
or
sectarian
test
40
shall
be
applied
in
the
admission
of
students,
nor
in
the
selection
of
in
-
41
structors
or
other
personnel
of
the
college
university
.
42
SECTION
12.
That
Section
33
-
3114,
Idaho
Code,
be,
and
the
same
is
hereby
43
amended
to
read
as
follows:
44

7
33
-
3114.
TRANSFER
AND
CONTROL
OF
FUNDS.
All
of
the
funds
and
money
1
in
the
dormitory
fund
and
dining
fund,
including
any
revolving
fund,
of
2
the
Lewis
-
Clark
Normal
School
normal
school
,
as
the
same
is
authorized
by
3
sections
33
-
3701
-
-
33
-
3711
33
-
3701
through
33
-
3711
,
Idaho
Code,
and
all
of
4
the
unexpended
funds
hereto
allocated
and
appropriated
to
the
Lewis
-
Clark
5
Normal
School
normal
school
for
the
purposes
specified
therein,
and
all
of
6
the
educational
or
other
endowment
funds,
holdings,
rights,
privileges
,
7
and
immunities
of
the
Lewiston
Normal
School
normal
school
,
the
Northern
8
Idaho
College
of
Education
northern
Idaho
college
of
education
,
and
the
9
Lewis
-
Clark
Normal
School
normal
school
,
and
any
allocations
or
appropri
-
10
ations
from
the
normal
school
income
fund,
as
provided
by
section
33
-
3302,
1
1
Idaho
Code,
are
hereby
transferred
to,
vested
in
,
and
continued
in
the
12
Lewis
-
Clark
State
College
state
university
and
placed
under
the
control
of
13
its
board
of
trustees,
and
appropriated
for
expenditure
by
it
and
shall
be
14
paid
out
by
the
state
treasurer
in
the
manner
provided
by
the
constitution
15
and
laws
of
the
state
of
Idaho.
All
of
the
property,
real
and
personal,
and
16
all
of
the
obligations,
legal
and
moral,
of
the
Lewiston
Normal
School
normal
17
school
,
the
Northern
Idaho
College
of
Education
northern
Idaho
college
of
18
education
,
and
of
the
Lewis
-
Clark
Normal
School
normal
school
,
are
hereby
19
vested
in,
or
shall
become
the
obligations
of,
the
Lewis
-
Clark
State
College
20
state
university
.
21
SECTION
13.
That
Section
33
-
3116,
Idaho
Code,
be,
and
the
same
is
hereby
22
amended
to
read
as
follows:
23
33
-
3116.
CONSTRUCTION
OF
REFERENCES
TO
LEWISTON
STATE
NORMAL
24
SCHOOL.
Wherever
the
name
Lewiston
Normal
School
normal
school
,
or
25
Northern
Idaho
College
of
Education
northern
Idaho
college
of
education
,
or
26
Lewis
-
Clark
Normal
School
normal
school
,
shall
appear
in
any
statute,
such
27
statute
is
hereby
amended
to
read
Lewis
-
Clark
State
College
state
university
28
as
fully
and
completely
as
though
the
said
name
on
said
statute
was
specifi
-
29
cally
amended
therein,
and
all
such
statutes
shall
be
construed
to
refer
to
30
and
mean
Lewis
-
Clark
State
College
state
university
.
31
SECTION
14.
That
Section
33
-
3301B,
Idaho
Code,
be,
and
the
same
is
32
hereby
amended
to
read
as
follows:
33
33
-
3301B.
NORMAL
SCHOOL
INCOME
FUND.
There
is
established
in
the
state
34
treasury
the
normal
school
income
fund.
The
fund
shall
consist
of
all
mon
-
35
eys
distributed
from
the
normal
school
earnings
reserve
fund
and
from
other
36
sources
as
the
legislature
deems
appropriate.
Moneys
in
the
normal
school
37
income
fund
shall
be
used
for
the
benefit
of
the
beneficiaries
of
the
endow
-
38
ment
and
distributed
to
current
beneficiaries
of
the
normal
school
endowment
39
pursuant
to
legislative
appropriation.
However,
not
more
than
fifty
percent
40
(50%)
of
earnings
of
the
normal
school
income
fund
shall
ever
be
appropriated
41
for
the
support
and
maintenance
of
either
Lewis
-
Clark
State
College
state
42
university
or
the
department
of
education
at
Idaho
State
University
state
43
university
.
44
SECTION
15.
That
Section
33
-
3302,
Idaho
Code,
be,
and
the
same
is
hereby
45
amended
to
read
as
follows:
46

8
33
-
3302.
APPROPRIATION
FOR
LEWIS
-
CLARK
STATE
COLLEGE
UNIVERSITY
.
Fi
-
1
fty
percent
(50%)
of
all
moneys
that
now
are
in
or
which
may
hereafter
accrue
2
to
the
normal
school
income
fund
are
perpetually
appropriated
and
set
apart
3
for
the
support
and
maintenance
of
the
Lewis
-
Clark
State
College
state
uni
-
4
versity
,
the
same
to
be
available
for
such
purpose
immediately
upon
their
be
-
5
ing
credited
to
the
fund.
6
SECTION
16.
That
Section
33
-
3701,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
33
-
3701.
CONTRACTS
FOR
HOUSING
FACILITIES
AT
STATE
INSTITUTIONS.
The
9
state
board
of
education
and
board
of
regents
of
the
University
university
10
of
Idaho,
acting
as
the
board
of
regents
of
the
University
university
of
1
1
Idaho,
or
as
the
board
of
trustees
of
the
Lewis
-
Clark
State
College
state
12
university
,
or
as
the
board
of
trustees
of
the
Boise
State
University
state
13
university
,
or
as
the
board
of
trustees
of
the
Idaho
State
University
state
14
university,
are
hereby
authorized
to
enter
into
contracts
with
persons,
15
firms
,
and
corporations,
for
the
purpose
of
providing
dormitory
and
housing
16
facilities
for
the
students
of
said
institutions;
for
the
purposes
the
board
17
may
contract
for
the
leasing
and
purchase
of
lands
and
buildings
and
for
the
18
purchase
and
installation
of
fixtures,
furniture,
furnishings
,
and
equip
-
19
ment
in
such
buildings;
the
board
may
contract
to
pay
as
rent
or
otherwise
a
20
sum
sufficient
to
pay,
on
the
amortization
plan,
the
principal
and
interest
21
thereon,
of
the
purchase
-
price
of
lands
and
buildings,
such
contracts
to
22
run
not
over
twenty
(20)
years;
the
rate
of
interest
on
the
principal
on
any
23
purchase
shall
not
exceed
seven
percent
(7%)
per
annum
payable
semiannually
24
or
annually.
25
SECTION
17.
That
Section
33
-
3717A,
Idaho
Code,
be,
and
the
same
is
26
hereby
amended
to
read
as
follows:
27
33
-
3717A.
FEES
AT
STATE
COLLEGES
AND
UNIVERSITIES.
(1)
The
state
board
28
of
education
and
the
board
of
regents
of
the
university
of
Idaho
may
pre
-
29
scribe
fees,
including
tuition
fees,
for
resident
and
nonresident
students
30
enrolled
in
all
state
colleges
and
universities.
For
purposes
of
this
sec
-
31
tion,
said
fees,
including
tuition
fees,
may
be
used
for
any
and
all
educa
-
32
tional
costs
at
the
state
colleges
and
universities
including,
but
not
lim
-
33
ited
to,
costs
associated
with:
34
(a)
Academic
services;
35
(b)
Instruction;
36
(c)
The
construction,
maintenance
,
and
operation
of
buildings
and
fa
-
37
cilities;
38
(d)
Student
services;
or
39
(e)
Institutional
support.
40
The
state
board
of
education
also
may
prescribe
fees
for
all
students
for
any
41
additional
charges
that
are
necessary
for
the
proper
operation
of
each
in
-
42
stitution.
43
(2)
A
resident
student
is
a
student
who
meets
the
residency
require
-
44
ments
imposed
by
section
33
-
3717B,
Idaho
Code.
45
(3)
Nothing
contained
in
this
section
shall
prevent
the
state
board
of
46
education
from
waiving
fees,
including
tuition
fees,
to
be
paid
by
nonresi
-
47

9
dent
students,
as
defined
in
section
33
-
3717C,
Idaho
Code,
who
are
enrolled
1
in
the
state
colleges
and
universities.
2
(4)
Nothing
contained
in
this
section
shall
apply
to
community
colleges
3
now
or
hereafter
established
pursuant
to
chapter
21,
title
33,
Idaho
Code,
4
or
to
postsecondary
professional
-
technical
schools
now
or
hereafter
estab
-
5
lished
and
not
connected
to
or
a
part
of
a
state
college
or
university.
6
SECTION
18.
That
Section
33
-
3726,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
33
-
3726.
HIGHER
EDUCATION
STABILIZATION
FUND.
There
is
hereby
created
9
in
the
state
treasury
a
fund
to
be
known
as
the
higher
education
stabiliza
-
10
tion
fund.
The
higher
education
stabilization
fund
shall
consist
of
three
1
1
(3)
separate
accounts
as
follows:
12
(1)
An
account
designated
the
strategic
interest
account
shall
consist
13
of
interest
earnings
from
the
investment
of
moneys
deposited
with
the
state
14
treasurer
into
unrestricted
current
fund
0650
-
00,
as
designated
by
the
state
15
controller
in
the
statewide
accounting
and
reporting
system.
Annually
on
16
July
1,
or
as
soon
thereafter
as
is
practicable,
the
state
controller
shall
17
transfer
such
interest
earnings
to
the
strategic
interest
account.
All
mon
-
18
eys
so
transferred
shall
be
expended
for
the
maintenance,
use
,
and
support
19
of
institutions
that
have
deposited
moneys
into
unrestricted
current
fund
20
0650
-
00.
All
such
expenditures
shall
be
subject
to
legislative
appropria
-
21
tion.
Institutions
shall
receive
a
pro
rata
share
of
a
legislative
appro
-
22
priation
based
upon
the
amount
of
moneys
any
such
institution
has
deposited
23
into
unrestricted
current
fund
0650
-
00
in
the
current
fiscal
year
compared
24
to
the
total
amount
deposited
by
all
institutions
in
the
current
fiscal
year.
25
Interest
earned
from
the
investment
of
moneys
in
the
strategic
interest
ac
-
26
count
shall
be
retained
in
the
strategic
interest
account.
27
(2)
An
account
designated
the
surplus
stabilization
account
shall
28
consist
of
any
other
moneys
made
available
through
legislative
transfers,
29
appropriations
,
or
otherwise
provided
by
law,
or
from
any
other
governmen
-
30
tal
source.
All
such
moneys
shall
be
expended
for
the
maintenance,
use
,
and
31
support
of
institutions
named
in
section
33
-
3803,
Idaho
Code.
Such
expendi
-
32
tures
shall
be
made
subject
to
legislative
appropriation
to
the
state
board
33
of
education
for
college
and
universities.
Distribution
of
such
moneys
to
34
institutions
shall
be
based
upon
the
state
board
of
education's
established
35
practices
for
the
allocation
of
moneys
to
such
institutions.
Interest
36
earned
from
the
investment
of
moneys
in
this
surplus
stabilization
account
37
shall
be
retained
in
this
surplus
stabilization
account.
38
(3)
An
account
designated
the
surplus
stabilization
account
for
col
-
39
lege
of
eastern
Idaho,
north
Idaho
college,
college
of
southern
Idaho,
and
40
college
of
western
Idaho
shall
consist
of
any
other
moneys
made
available
41
through
legislative
transfers,
appropriations,
or
otherwise
provided
by
42
law,
or
from
any
other
governmental
source.
All
such
moneys
shall
be
ex
-
43
pended
for
the
maintenance,
use,
and
support
of
college
of
eastern
Idaho,
44
north
Idaho
college,
college
of
southern
Idaho,
and
college
of
western
45
Idaho.
Such
expenditures
shall
be
made
subject
to
legislative
appropriation
46
to
the
community
colleges.
Distribution
of
such
moneys
shall
be
based
on
the
47
state
board
of
education's
established
practices
for
the
allocation
of
mon
-
48
eys
to
the
community
colleges.
Interest
earned
from
the
investment
of
moneys
49

10
in
this
surplus
stabilization
account
shall
be
retained
in
this
surplus
sta
-
1
bilization
account.
2
SECTION
19.
That
Section
33
-
3803,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
33
-
3803.
STATE
EDUCATIONAL
INSTITUTIONS
AS
BODIES
POLITIC
AND
CORPO
-
5
RATE
-
-
POWERS
OF
BOARDS.
Each
of
the
following
institutions
is
hereby
con
-
6
stituted
and
confirmed
a
body
politic
and
corporate
and
a
separate
and
in
-
7
dependent
legal
entity
and
is
hereby
further
constituted
and
confirmed
as
a
8
governmental
instrumentality
for
the
dissemination
of
knowledge
and
learn
-
9
ing:
"The
Regents
of
the
University
of
Idaho,"
"Lewis
-
Clark
State
College,"
10
"Idaho
State
University,"
and
"Boise
State
University."
the
regents
of
the
1
1
university
of
Idaho,
Lewis
-
Clark
state
university,
Idaho
state
university,
12
and
Boise
state
university.
A
corporate
purpose
of
every
institution,
in
ad
-
13
dition
to
any
other
purposes
thereof,
shall
be
to
acquire
any
project.
The
14
powers
of
every
institution
delegated
to
it
by
this
act
shall
be
vested
in
and
15
exercised
by
a
majority
of
all
the
members
of
its
board,
and
a
majority
of
all
16
the
members
of
such
board
shall
be
a
quorum
for
the
transaction
of
any
busi
-
17
ness
authorized
by
this
act,
but
a
lesser
number
may
adjourn
and
compel
the
18
attendance
of
absent
members.
19
SECTION
20.
That
Section
41
-
4002,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
41
-
4002.
DEFINITIONS.
For
the
purposes
of
this
chapter
unless
context
22
otherwise
requires:
23
(1)
"Administrator"
is
a
person,
if
other
than
the
trustee,
employed
24
or
contracted
by
the
trustee
to
provide
administrative
services
to
a
self
-
25
funded
plan.
26
(2)
"Beneficiary"
is
any
individual
entitled,
under
the
self
-
funded
27
plan,
to
payment
by
the
trust
fund
of
any
part
or
all
of
the
cost
of
any
health
28
care
service
rendered
to
such
beneficiary.
29
(3)
"Claims
liability"
is
the
total
of
all
incurred
and
unpaid
claims,
30
including
incurred
but
not
reported
claims,
for
allowable
benefits
under
a
31
self
-
funded
plan
that
are
not
reimbursed
or
reimbursable
by
stop
-
loss
insur
-
32
ance
provided
by
a
carrier
authorized
to
transact
insurance
in
this
state.
33
(4)
"Contribution"
is
the
amount
paid
or
payable
by
the
employer
or
34
employee,
or
a
postsecondary
educational
institution
or
student,
into
the
35
trust
fund.
36
(5)
"Department"
is
the
Idaho
department
of
insurance.
37
(6)
"Director"
is
the
director
of
the
department
of
insurance.
38
(7)
"Irrevocable
trust
agreement"
is
a
trust
agreement
whereby
under
39
the
terms
thereof
the
plan
sponsor
cannot
retain
the
power
to
alter,
amend,
40
revoke
,
or
terminate
the
transfer
of
funds
or
property
held
in
trust.
41
(8)
"Multiple
employer
welfare
arrangement"
or
"multiple
employer
wel
-
42
fare
plan"
shall
have
the
same
meaning
as
that
given
to
the
term
"multiple
em
-
43
ployer
welfare
arrangement"
by
the
employee
retirement
income
security
act
44
of
1974,
as
amended.
45
(9)
"Person"
is
any
individual,
corporation,
limited
liability
com
-
46
pany,
partnership,
association,
firm,
syndicate,
organization,
educational
47

11
institution
,
or
any
other
public
or
private
entity
organized
or
recognized
1
under
the
laws
of
the
state
of
Idaho.
2
(10)
"Plan
sponsor"
is
any
person
who
creates
a
self
-
funded
health
bene
-
3
fit
plan
for
the
benefit
of
any
employer
and
employee
or
employees,
or
a
post
-
4
secondary
educational
institution
and
student
or
students.
5
(11)
"Postsecondary
educational
institution"
is
a
person
whose
primary
6
purpose
is
to
provide
a
postsecondary
education
that
offers
or
awards
edu
-
7
cational
degrees
and
that
provides
courses
or
programs
that
lead
to
an
edu
-
8
cational
degree,
that
is
legally
authorized
and
maintains
a
presence
in
the
9
state
of
Idaho,
and
that
has
an
average
annualized
enrollment
of
eight
hun
-
10
dred
(800)
or
more
full
-
time
students
located
in
Idaho.
1
1
(12)
"Public
postsecondary
educational
institution"
means
Boise
12
State
University,
Idaho
State
University,
Lewis
-
Clark
State
College
and
13
the
University
of
Idaho
Boise
state
university,
Idaho
state
university,
14
Lewis
-
Clark
state
university,
and
the
university
of
Idaho
,
along
with
the
15
board
of
regents
and
board
of
trustees
thereof.
16
(13)
"Qualified
actuary"
is
an
actuary
having
experience
in
establish
-
17
ing
rates
for
a
self
-
funded
plan
and
the
health
services
being
provided,
and
18
who
is
also
a
fellow
of
the
society
of
actuaries,
a
member
of
the
American
19
academy
of
actuaries
,
or
an
enrolled
actuary
under
the
employee
retirement
20
income
security
act
of
1974,
as
amended.
21
(14)
"Self
-
funded
plan"
or
"plan"
is
any
single
employer
plan,
public
22
postsecondary
educational
institution
plan,
or
multiple
employer
welfare
23
plan,
or
any
other
single
or
multiple
employer
plan,
or
any
postsecondary
24
educational
institution
student
health
benefit
plan,
other
than
a
plan
pro
-
25
viding
only
benefits
under
title
72,
Idaho
Code,
under
which
payment
for
med
-
26
ical,
surgical,
hospital,
and
other
services
for
prevention,
diagnosis,
or
27
treatment
of
any
disease,
injury,
or
bodily
condition
of
an
employee
is,
or
28
is
to
be,
regularly
provided
for
or
promised
from
funds
created
or
maintained
29
in
whole
or
in
part
by
contributions
or
payments
thereto
by
the
employer
or
30
employers,
or
by
the
employer
or
employers
and
the
employees,
or
by
a
post
-
31
secondary
educational
institution
and
students
at
said
institution,
or
stu
-
32
dents
of
a
postsecondary
educational
institution,
who
are
not
otherwise
cov
-
33
ered
by
insurance
or
contract
with
a
health
care
service
corporation
or
man
-
34
aged
care
organization
authorized
to
transact
business
in
this
state.
35
(15)
"Single
employer"
is
any
individual,
sole
proprietorship,
busi
-
36
ness,
partnership,
corporation,
limited
liability
company,
firm
,
or
any
37
other
form
of
legally
recognized
entity
or
a
group
of
two
(2)
or
more
em
-
38
ployers
under
"common
control"
as
defined
in
section
3(40)(B)(iii)
of
the
39
employee
retirement
income
security
act
of
1974,
as
amended.
40
(16)
"Student"
is
an
individual
enrolled
in
a
postsecondary
educational
41
institution.
42
(17)
"Surplus"
is
the
excess
of
the
assets
of
a
self
-
funded
plan
minus
43
the
liabilities
of
the
plan,
provided
the
liabilities
of
a
self
-
funded
plan
44
shall
include
the
claims
liability
of
the
plan.
45
(18)
"Trust
fund"
is
a
trust
fund
established
in
conjunction
with
a
46
self
-
funded
plan
for
receipt
of
contributions
of
employer
and
employees,
47
postsecondary
educational
institution
and
students,
and
payment
of
or
with
48
respect
to
health
care
service
costs
of
beneficiaries.
49

12
(19)
"Trustee"
is
the
trustee,
whether
a
single
or
multiple
trustee,
of
1
the
trust
fund.
2
SECTION
21.
That
Section
67
-
2332A,
Idaho
Code,
be,
and
the
same
is
3
hereby
amended
to
read
as
follows:
4
67
-
2332A.
INTERAGENCY
CONTRACTS
WITH
STATE
INSTITUTIONS
OF
HIGHER
ED
-
5
UCATION.
(1)
Notwithstanding
the
provisions
of
section
67
-
2332,
Idaho
Code,
6
no
agency
may
enter
into
a
noncompetitive
contract
with
a
state
institution
7
of
higher
education
unless
authorized
pursuant
to
section
67
-
9221,
Idaho
8
Code.
When
seeking
a
contract
with
a
state
institution
of
higher
education,
9
an
agency
shall
determine
each
state
institution
of
higher
education's
in
-
10
terest
in
competing
for
the
contract.
If
more
than
one
(1)
state
institution
1
1
of
higher
education
indicates
an
interest
in
competing,
the
agency
shall
12
seek
quotes
or
proposals
and
award
the
contract
to
the
state
institution
of
13
higher
education
it
determines
provided
the
best
offer
based
on
cost
and
14
other
relevant
criteria.
15
(2)
The
provisions
of
subsection
(1)
of
this
section
do
not
apply
to
16
procurements
of
surplus
property
governed
by
other
state
or
federal
law.
17
(3)
As
used
in
this
section:
18
(a)
"Agency"
has
the
same
meaning
as
provided
in
section
67
-
9203(3),
19
Idaho
Code.
20
(b)
"State
institution
of
higher
education"
means
Boise
state
univer
-
21
sity,
Idaho
state
university,
Lewis
-
Clark
state
college
university
,
or
22
the
university
of
Idaho.
23
SECTION
22.
That
Section
67
-
5302,
Idaho
Code,
be,
and
the
same
is
hereby
24
amended
to
read
as
follows:
25
67
-
5302.
DEFINITIONS.
As
used
in
this
chapter
and
other
applicable
26
sections
of
the
Idaho
Code,
each
of
the
terms
defined
in
this
section
shall
27
have
the
meaning
given
in
this
section
unless
a
different
meaning
is
clearly
28
required
by
the
context.
Such
terms
and
their
definitions
are:
29
(1)
"Administrative
employee"
means
any
person,
nonclassified
or
clas
-
30
sified,
appointed
to
a
position
that
meets
the
criteria
set
forth
in
the
fed
-
31
eral
fair
labor
standards
act,
29
U.S.C.
201
et
seq.
Final
designation
of
32
a
classified
position
as
"administrative"
within
this
definition
shall
be
33
made
by
the
administrator
of
the
division
of
human
resources.
Exceptions
to
34
this
designation
that
do
not
violate
the
federal
fair
labor
standards
act,
29
35
U.S.C.
201
et
seq.,
may
be
made
by
the
administrator.
36
(2)
"Administrator"
means
the
administrator
of
the
division
of
human
37
resources
in
the
governor's
office.
38
(3)
"Appointing
authority"
means
the
officer,
board,
commission,
per
-
39
son
,
or
group
of
persons
authorized
by
statute
or
lawfully
delegated
author
-
40
ity
to
make
appointments
to
or
employ
personnel
in
any
department.
41
(4)
"Class"
means
a
group
of
positions
sufficiently
similar
as
to
the
42
duties
performed,
degree
of
supervision
exercised
or
required,
minimum
re
-
43
quirements
of
training,
experience
or
skill,
and
other
characteristics
that
44
the
same
title,
the
same
tests
of
fitness
,
and
the
same
schedule
of
compensa
-
45
tion
may
be
applied
to
each
position
in
the
group.
46

13
(5)
"Classified
officer"
or
"classified
employee"
means
any
person
ap
-
1
pointed
to
or
holding
a
position
in
any
department
of
the
state
of
Idaho,
2
which
position
is
subject
to
the
provisions
of
the
merit
examination,
selec
-
3
tion,
retention,
promotion
,
and
dismissal
requirements
of
section
67
-
5309,
4
Idaho
Code.
5
(6)
"Commission"
means
the
Idaho
personnel
commission.
6
(7)
"Compensatory
time"
means
approved
time
off
from
duty
provided
in
7
compensation
for
overtime
hours
worked.
8
(8)
"Computer
worker"
means
any
person,
nonclassified
or
classified,
9
appointed
to
a
position
that
meets
the
criteria
set
forth
in
the
federal
fair
10
labor
standards
act,
29
U.S.C.
201
et
seq.
Final
designation
of
a
classified
1
1
position
as
"computer
worker"
within
this
definition
shall
be
made
by
the
ad
-
12
ministrator
of
the
division
of
human
resources.
Exceptions
to
this
designa
-
13
tion
that
do
not
violate
the
federal
fair
labor
standards
act,
29
U.S.C.
201
14
et
seq.,
may
be
made
by
the
administrator.
15
(9)
"Department"
means
any
department,
agency,
institution
,
or
office
16
of
the
state
of
Idaho.
17
(10)
"Disabled
veteran"
is
as
defined
in
section
65
-
502,
Idaho
Code.
18
(11)
"Eligible"
means
a
person
who
has
been
determined
to
be
qualified
19
for
a
classified
position
and
whose
name
has
been
placed
on
the
register
of
20
eligibles.
21
(12)(a)
"Executive
employee"
means
any
person
appointed
to
a
position
22
equivalent
to
a
bureau
chief
or
above
as
provided
in
section
67
-
2402,
23
Idaho
Code,
or
any
employee
whose
primary
duty
is
management
of
a
de
-
24
partment,
division
,
or
bureau
and:
25
(i)
Who
customarily
and
regularly
directs
the
work
of
at
least
two
26
(2)
or
more
other
employees
therein;
27
(ii)
Who
has
the
authority
to
hire
and
fire,
or
to
recommend
hiring
28
and
firing;
or
whose
recommendation
on
these
and
other
actions
af
-
29
fecting
employees
is
given
particular
weight;
and
30
(iii)
Who
customarily
and
regularly
exercises
discretionary
pow
-
31
ers.
32
(b)
Final
designation
of
a
position
as
"executive"
in
this
definition
33
shall
be
made
by
the
administrator.
Exceptions
to
this
designation
that
34
do
not
violate
the
federal
fair
labor
standards
act,
29
U.S.C.
201
et
35
seq.,
may
be
made
by
the
administrator.
36
(13)
"Exempt
employee"
means
any
employee,
classified
or
nonclassi
-
37
fied,
who
is
determined
to
be
an
executive,
professional
,
or
administrative
38
employee
as
defined
in
this
section
or
who
qualifies
for
any
other
exemption
39
from
cash
compensation
for
overtime
under
applicable
federal
law.
Final
40
designation
of
a
classified
position
as
exempt
shall
be
made
by
the
adminis
-
41
trator.
42
(14)
"Full
-
time
employee"
means
any
employee
working
a
forty
(40)
hour
43
workweek.
44
(15)(a)
"Holiday"
means
any
day
so
designated
by
the
president
of
the
45
United
States
or
the
governor
of
this
state
for
a
public
fast,
thanks
-
46
giving
,
or
holiday.
Holidays
are
enumerated
in
section
73
-
108,
Idaho
47
Code.
48

14
(b)
In
the
event
that
a
holiday
occurs
on
a
Saturday,
the
preceding
Fri
-
1
day
shall
be
a
holiday,
and
if
the
holiday
falls
on
a
Sunday,
the
follow
-
2
ing
Monday
shall
be
a
holiday.
3
(c)
A
holiday
is
a
day
of
exemption
from
work
granted
to
nonexecutive
4
employees
during
which
said
employees
shall
be
compensated
as
if
they
5
actually
worked.
Employees
classified
as
executive
exempt
are
entitled
6
to
eleven
(11)
paid
holidays
per
year.
If
such
an
employee
works
on
one
7
(1)
of
the
official
holidays
listed
in
this
subsection,
then
such
em
-
8
ployee
may
take
an
alternative
day
off
but
shall
not
receive
additional
9
compensation.
10
(16)
"Hours
worked"
means
those
hours
actually
spent
in
the
performance
1
1
of
the
employee's
job
on
any
day
including
holidays
and
shall
not
include
va
-
12
cation
or
sick
leave
or
other
approved
leave
of
absence.
13
(17)
"Nonclassified
employee"
means
any
person
appointed
to
or
holding
14
a
position
in
any
department
of
the
state
of
Idaho,
which
position
is
ex
-
15
empted
from
the
merit
provisions
of
section
67
-
5309(e),
(f),
(g),
(j),
(m),
16
(o),
(p),
(w),
and
(x),
Idaho
Code.
17
(18)
"Normal
workweek"
means
any
forty
(40)
hours
worked
during
a
par
-
18
ticular
one
hundred
sixty
-
eight
(168)
hour
period
as
previously
established
19
by
the
employee's
appointing
authority.
20
(19)
"Open
competitive
examination"
means
an
examination
that
may
be
21
taken
by
qualified
applicants
to
compete
on
an
equal
basis
for
listing
on
the
22
register
of
eligibles
for
a
classified
position.
23
(20)
"Overtime
work"
means:
24
(a)
Time
worked
on
holidays
and
time
worked
in
excess
of
forty
(40)
25
hours
in
a
period
of
one
hundred
sixty
-
eight
(168)
consecutive
hours;
26
(b)
Upon
designation
from
the
administrator
and
in
the
case
of
those
27
employees
engaged
in
law
enforcement,
correctional,
and
fire
protec
-
28
tion
activities
characterized
by
irregular
shift
work
schedules,
time
29
worked
in
excess
of
one
hundred
sixty
(160)
hours
in
a
period
of
twenty
-
30
eight
(28)
consecutive
days;
31
(c)
Upon
designation
from
the
administrator
and
in
the
case
of
certain
32
employees
who
meet
federal
exemption
requirements,
time
worked
in
ex
-
33
cess
of
eighty
(80)
hours
within
a
period
of
fourteen
(14)
consecutive
34
days;
or
35
(d)
Time
worked
by
employees
during
specific
hours
in
addition
to
their
36
normal
schedules
upon
emergency
declaration
by
the
governor
or
with
the
37
approval
of
the
appointing
authority
and
the
board
of
examiners.
38
(21)
"Participating
department"
means
any
department
of
the
state
of
39
Idaho
in
the
executive
department
reporting
to
the
governor
or
a
board
or
40
commission
appointed
by
the
governor.
41
(22)
"Part
-
time
employee"
means
any
employee
whose
usually
scheduled
42
work
is
fewer
than
forty
(40)
hours
in
a
period
of
one
hundred
sixty
-
eight
43
(168)
consecutive
hours
and
who
is
not
entitled
to
sick
leave
accruals
pro
-
44
vided
in
section
67
-
5333,
Idaho
Code,
vacation
leave
provided
in
section
45
67
-
5334,
Idaho
Code,
or
holiday
pay
as
defined
in
subsection
(15)
of
this
46
section,
unless
contributions
are
being
made
to
the
public
employee
retire
-
47
ment
system
in
accordance
with
chapter
13,
title
59,
Idaho
Code,
and
rules
48
promulgated
by
the
public
employee
retirement
system
board.
49

15
(23)
"Personnel
system"
means
the
procedure
for
administering
employ
-
1
ees
in
accordance
with
this
chapter.
2
(24)
"Political
office"
means
a
public
office
for
which
partisan
poli
-
3
tics
is
a
basis
for
nomination,
election
,
or
appointment.
4
(25)
"Political
organization"
means
a
party
that
sponsors
candidates
5
for
election
to
political
office.
6
(26)
"Position"
means
a
group
of
duties
and
responsibilities
legally
7
assigned
or
delegated
by
one
(1)
or
more
appointing
authorities
and
requir
-
8
ing
the
employment
of
one
(1)
person.
9
(27)
"Professional
employee"
means
any
person,
nonclassified
or
clas
-
10
sified,
appointed
to
a
position
that
meets
the
criteria
set
forth
in
the
fed
-
1
1
eral
fair
labor
standards
act,
29
U.S.C.
201
et
seq.
Final
designation
of
a
12
classified
position
as
professional
shall
be
made
by
the
administrator.
Ex
-
13
ceptions
to
this
designation
that
do
not
violate
the
federal
fair
labor
stan
-
14
dards
act,
29
U.S.C.
201
et
seq.,
may
be
made
by
the
administrator.
15
(28)
"Public
education
entity"
means
community
colleges,
public
school
16
districts,
public
charter
schools
,
and
the
Idaho
digital
learning
academy.
17
(29)
"Qualifying
examination"
means
an
examination
or
evaluation
given
18
to
a
selected
person
to
determine
eligibility
for
reclassification
or
ap
-
19
pointment
to
a
position
in
a
classification.
20
(30)
"Register"
means
a
list
of
names
of
persons
who
have
been
deter
-
21
mined
to
be
eligible
for
employment
in
a
classified
position
as
determined
on
22
the
basis
of
examination
and
merit
factors
as
established
by
the
administra
-
23
tor.
24
(31)
"Seasonal
appointment"
means
an
appointment
to
a
position
that
is
25
permanent
in
nature
but
that
has
intermittent
work
periods
throughout
the
26
year.
27
(32)
"Service
rating"
means
a
recorded
evaluation
of
work
performance
28
and
promotional
potential
of
an
employee
by
his
supervisor.
29
(33)
"State
educational
agency"
means
the
following
state
agencies
and
30
educational
institutions
under
the
governance
of
the
Idaho
state
board
of
31
education:
32
(a)
Boise
state
university;
33
(b)
Idaho
state
university;
34
(c)
University
of
Idaho;
35
(d)
Lewis
-
Clark
state
college
university
;
36
(e)
Idaho
public
television;
37
(f)
The
division
of
vocational
rehabilitation;
38
(g)
The
division
of
career
technical
education;
39
(h)
The
office
of
the
state
board
of
education;
40
(i)
The
state
department
of
education;
and
41
(j)
The
public
charter
school
commission.
42
(34)
"Temporary
appointment"
means
appointment
to
a
position
that
is
43
not
permanent
in
nature
and
in
which
employment
will
not
exceed
one
thousand
44
three
hundred
eighty
-
five
(1,385)
hours
during
any
twelve
(12)
month
period.
45
No
person
holding
a
temporary
appointment
may
work
in
excess
of
one
thousand
46
three
hundred
eighty
-
five
(1,385)
hours
during
a
twelve
(12)
month
period
47
of
time
for
any
one
(1)
department;
provided,
however,
upon
petition
by
the
48
appointing
authority
that
demonstrates
good
cause,
the
administrator
of
49

16
the
division
of
human
resources
may
extend
the
one
thousand
three
hundred
1
eighty
-
five
(1,385)
hour
limit
for:
2
(a)
Employees
of
the
department
of
lands
who
are
required
to
perform
3
fire
suppression
activities;
and
4
(b)
Employees
hired
under
approved
apprenticeship
programs.
5
(35)
"Vacation
leave"
means
a
period
of
exemption
from
work
during
which
6
employees
shall
be
compensated.
The
term
shall
not
include
compensatory
7
time
for
overtime
work.
8
(36)
"Veteran"
is
as
defined
in
section
65
-
203,
Idaho
Code.
9
SECTION
23.
That
Section
67
-
9203,
Idaho
Code,
be,
and
the
same
is
hereby
10
amended
to
read
as
follows:
1
1
67
-
9203.
DEFINITIONS.
As
used
in
this
chapter:
12
(1)
"Acquisition"
means
the
process
of
procuring
property.
13
(2)
"Administrator"
means
the
administrator
of
the
division
of
pur
-
14
chasing
as
created
by
section
67
-
9204,
Idaho
Code.
15
(3)
"Agency"
means
all
officers,
departments,
divisions,
bureaus,
16
boards,
commissions
,
and
institutions
of
the
state,
including
the
public
17
utilities
commission,
but
excluding:
18
(a)
The
legislative
and
judicial
branches
of
government;
19
(b)
The
governor,
lieutenant
governor,
secretary
of
state,
state
con
-
20
troller,
state
treasurer,
attorney
general
,
and
superintendent
of
pub
-
21
lic
instruction;
and
22
(c)
Except
as
provided
in
section
67
-
9234,
Idaho
Code,
a
state
insti
-
23
tution
of
higher
education
that
complies
with
the
provisions
of
section
24
67
-
9225,
Idaho
Code.
25
(4)
"Bid"
means
a
written
offer
to
perform
a
contract
to
sell
or
other
-
26
wise
supply
property
in
response
to
a
solicitation.
27
(5)
"Bidder"
means
a
vendor
who
has
submitted
a
bid
on
property
to
be
28
acquired
by
the
state.
29
(6)
"Contract"
means
an
agreement
for
the
acquisition
of
property,
in
-
30
cluding
a
purchase
order.
31
(7)
"Contractor"
means
a
vendor
who
has
been
awarded
a
contract.
32
(8)
"Director"
means
the
director
of
the
department
of
administration
33
as
created
by
section
67
-
5701,
Idaho
Code.
34
(9)
"Environmental,
social,
and
governance
standards"
means
procure
-
35
ment
standards
that
screen
or
score
bids,
in
whole
or
in
part,
on
subjective
36
ethical
or
sustainability
criteria
unrelated
to
the
specifications
in
a
so
-
37
licitation
or
the
qualifications
of
a
bidder.
38
(10)
"Lowest
responsible
bidder"
means
the
responsible
bidder
whose
bid
39
reflects
the
lowest
acquisition
price
to
be
paid
by
the
state,
except
that
40
when
specifications
are
valued
or
comparative
performance
evaluations
are
41
conducted,
the
results
of
such
examinations
and
the
relative
score
of
valued
42
specifications
will
be
weighed,
as
set
out
in
the
specifications,
in
deter
-
43
mining
the
lowest
acquisition
price.
44
(11)
"Open
contract"
means
a
contract
awarded
by
the
state
through
the
45
division
of
purchasing
as
a
result
of
a
competitive
solicitation
to
one
(1)
46
or
more
vendors
who
have
agreed
to
allow
all
agencies
to
procure
specified
47
property
under
the
terms
and
conditions
set
forth
in
the
contract.
48

17
(12)
"Procure"
means
to
obtain
property
for
state
use
in
a
manner
other
1
than
by
gift
including,
but
not
limited
to,
purchase,
lease
,
or
rent.
2
(13)
"Property"
means
goods,
services,
parts,
supplies
,
and
equipment,
3
both
tangible
and
intangible,
including,
but
not
limited
to,
designs,
plans,
4
programs,
systems,
techniques
,
and
any
rights
or
interests
in
such
property.
5
(14)
"Sole
source"
means
the
only
vendor
from
whom
specific
property
is
6
available
to
procure.
7
(15)
"Solicitation"
means
an
invitation
to
bid,
a
request
for
proposal
,
8
or
a
request
for
quote
issued
pursuant
to
this
chapter
for
the
purpose
of
9
procuring
property.
10
(16)
"Specifications"
means
the
standards
or
requirements
for
property
1
1
to
be
procured
as
explicitly
stated
in
a
solicitation
or
contract.
12
(17)
"State
institution
of
higher
education"
means
Boise
state
univer
-
13
sity,
Idaho
state
university
,
or
Lewis
-
Clark
state
college
university
.
14
(18)
"Vendor"
means
a
person
or
entity
capable
of
supplying
property
to
15
the
state.
16
SECTION
24.
That
Section
67
-
9801,
Idaho
Code,
be,
and
the
same
is
hereby
17
amended
to
read
as
follows:
18
67
-
9801.
DEFINITIONS.
As
used
in
this
chapter:
19
(1)
"Changing
room"
means
a
room
or
area
in
which
a
person
may
be
in
a
20
state
of
undress
in
the
presence
of
others,
including
a
locker
room
or
shower
21
room.
22
(2)
"Correctional
facility"
means
a
state
correctional
facility
or
lo
-
23
cal
correctional
facility
as
defined
in
section
19
-
4201A,
Idaho
Code.
24
(3)
"Covered
entity"
means
a
correctional
facility,
domestic
violence
25
shelter,
juvenile
correctional
center,
or
state
educational
institution.
26
(4)
"Domestic
violence
shelter"
means
a
state
-
operated
facility
that
27
provides
services,
including
food,
housing,
counseling,
and
assistance
to
28
victims
of
domestic
violence
or
abuse
and
their
minor
dependent
children
in
29
this
state.
30
(5)
"Female"
has
the
same
meaning
as
set
forth
in
section
73
-
114,
Idaho
31
Code.
32
(6)
"Juvenile
correctional
center"
means
any
state
-
operated
residen
-
33
tial
facility
or
facility
operated
pursuant
to
a
contract
with
the
state
that
34
provides
twenty
-
four
(24)
hour
supervision
and
confinement
for
juvenile
of
-
35
fenders
committed
to
the
custody
of
the
department
of
juvenile
corrections.
36
(7)
"Male"
has
the
same
meaning
as
set
forth
in
section
73
-
114,
Idaho
37
Code.
38
(8)
"Multi
-
occupancy"
means
a
space
that
is
designated
for
use
by
mul
-
39
tiple
persons
simultaneously.
40
(9)
"Restroom"
means
a
room
that
includes
one
(1)
or
more
toilets
or
41
urinals.
42
(10)
"Sex"
has
the
same
meaning
as
set
forth
in
section
73
-
114,
Idaho
43
Code.
44
(11)
"Sleeping
quarters"
means
a
room
with
more
than
one
(1)
bed
and
in
45
which
more
than
one
(1)
individual
is
housed
overnight.
46
(12)
"State
educational
institution"
means
the
university
of
Idaho,
47
Lewis
-
Clark
state
college
university
,
Idaho
state
university,
Boise
state
48
university,
the
school
for
the
deaf
and
the
blind,
and
any
public
community
49

18
colleges
under
the
general
supervision,
governance,
and
control
of
the
state
1
board
of
education.
2
SECTION
25.
An
emergency
existing
therefor,
which
emergency
is
hereby
3
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
its
4
passage
and
approval.
5