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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1300
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
STATE
GOVERNMENT;
AMENDING
SECTION
59
-
904,
IDAHO
CODE,
TO
RE
-
2
VISE
PROVISIONS
REGARDING
VACANCIES
IN
STATE
OFFICES;
AMENDING
SECTION
3
36
-
106,
IDAHO
CODE,
TO
PROVIDE
FOR
APPOINTMENT
OF
THE
DIRECTOR
OF
THE
4
DEPARTMENT
OF
FISH
AND
GAME
BY
THE
GOVERNOR;
AMENDING
SECTION
40
-
503,
5
IDAHO
CODE,
TO
PROVIDE
FOR
APPOINTMENT
OF
THE
DIRECTOR
OF
THE
IDAHO
6
TRANSPORTATION
DEPARTMENT
BY
THE
GOVERNOR;
AMENDING
SECTION
67
-
4222,
7
IDAHO
CODE,
TO
PROVIDE
FOR
APPOINTMENT
OF
THE
DIRECTOR
OF
THE
DEPARTMENT
8
OF
PARKS
AND
RECREATION
BY
THE
GOVERNOR;
AND
DECLARING
AN
EMERGENCY
AND
9
PROVIDING
AN
EFFECTIVE
DATE.
10
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
1
1
SECTION
1.
That
Section
59
-
904,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
59
-
904.
STATE
OFFICES
-
-
VACANCIES,
HOW
FILLED
AND
CONFIRMED.
(a)
All
14
vacancies
in
any
state
office,
and
in
the
supreme
and
district
courts,
unless
15
otherwise
provided
for
by
law,
shall
be
filled
by
appointment
by
the
gover
-
16
nor.
Appointments
to
fill
vacancies
pursuant
to
this
section
shall
be
made
17
as
provided
in
subsections
(b),
(c),
(d),
(e),
(f)
and
(g)
of
this
section,
18
subject
to
the
limitations
prescribed
in
those
subsections.
19
(b)
Nominations
and
appointments
to
fill
vacancies
occurring
in
the
of
-
20
fice
of
lieutenant
governor,
state
controller,
state
treasurer,
superinten
-
21
dent
of
public
instruction,
attorney
general
and
secretary
of
state
shall
be
22
made
by
the
governor,
subject
to
the
advice
and
consent
of
the
senate,
for
23
the
balance
of
the
term
of
office
to
which
the
predecessor
of
the
person
ap
-
24
pointed
was
elected.
25
(c)
Nominations
and
appointments
to
and
vacancies
in
the
following
26
listed
offices
shall
be
made
or
filled
by
the
governor
subject
to
the
advice
27
and
consent
of
the
senate
for
the
terms
prescribed
by
law,
or
in
case
such
28
terms
are
not
prescribed
by
law,
then
to
serve
at
the
pleasure
of
the
gover
-
29
nor:
30
Director
of
the
department
of
administration,
31
Director
of
the
department
of
finance,
32
Director
of
the
department
of
insurance,
33
Director,
department
of
agriculture,
34
Director
of
the
department
of
water
resources,
35
Director
of
the
Idaho
state
police,
36
Director
of
the
Idaho
transportation
department,
37
Director
of
the
department
of
commerce,
38
Director
of
the
department
of
fish
and
game,
39
Director
of
the
department
of
labor,
40
Director
of
the
department
of
environmental
quality,
41
Director
of
the
department
of
juvenile
corrections,
42
2
Director
of
the
department
of
parks
and
recreation,
1
Executive
director
of
the
commission
of
pardons
and
parole,
2
The
state
historic
preservation
officer,
3
The
administrator
of
the
division
of
human
resources,
4
Member
of
the
state
tax
commission,
5
Members
of
the
board
of
regents
of
the
university
of
Idaho
and
the
state
6
board
of
education,
7
Members
of
the
Idaho
water
resource
board,
8
Members
of
the
state
fish
and
game
commission,
9
Members
of
the
Idaho
transportation
board,
10
Voting
members
of
the
state
board
of
health
and
welfare,
1
1
Members
of
the
board
of
environmental
quality,
12
Members
of
the
board
of
directors
of
state
parks
and
recreation,
13
Members
of
the
board
of
correction,
14
Members
of
the
industrial
commission,
15
Members
of
the
Idaho
public
utilities
commission,
16
Members
of
the
Idaho
personnel
commission,
17
Members
of
the
board
of
directors
of
the
Idaho
state
retirement
system,
18
Members
of
the
board
of
directors
of
the
state
insurance
fund,
19
Members
of
the
commission
of
pardons
and
parole.
20
(d)
Appointments
made
by
the
state
board
of
land
commissioners
to
the
21
office
of
director,
department
of
lands,
and
appointments
to
fill
vacancies
22
occurring
in
those
offices
shall
be
submitted
by
the
president
of
the
state
23
board
of
land
commissioners
to
the
senate
for
the
advice
and
consent
of
the
24
senate
in
accordance
with
the
procedure
prescribed
in
this
section.
25
(e)
Appointments
made
pursuant
to
this
section
while
the
senate
is
in
26
session
shall
be
submitted
along
with
the
letter
of
appointment
to
the
sen
-
27
ate
forthwith
for
the
advice
and
consent
of
that
body.
Appointments
made
28
pursuant
to
this
section
while
the
senate
is
not
in
session
shall
be
submit
-
29
ted
along
with
the
letter
of
appointment
to
the
senate
pursuant
to
section
30
67
-
803,
Idaho
Code.
Should
the
senate
adjourn
without
granting
its
consent
31
to
an
appointment
the
appointment
shall
thereupon
become
void
and
a
vacancy
32
in
the
office
to
which
the
appointment
was
made
shall
exist,
and
the
office
33
shall
be
deemed
vacant
upon
the
date
of
adjournment.
It
is
the
duty
of
the
ap
-
34
pointing
authority
to
supply
the
senate
with
the
letter
of
appointment.
The
35
appointee
shall
supply
the
senate
with
the
documentation
it
requests.
36
All
appointments
made
pursuant
to
subsection
(c)
of
this
section,
ex
-
37
cept
those
appointments
for
which
a
term
of
office
is
fixed
by
law,
shall
ter
-
38
minate
at
the
expiration
of
any
gubernatorial
term.
Appointments
to
fill
the
39
vacancies
thus
created
by
the
expiration
of
the
term
of
office
of
the
gover
-
40
nor
shall
be
forthwith
submitted
to
the
senate
for
the
advice
and
consent
of
41
that
body,
and
when
so
submitted
shall
be
as
expeditiously
considered
as
pos
-
42
sible.
43
Upon
receipt
of
an
appointment
along
with
the
letter
of
appointment
in
44
the
senate
for
the
purpose
of
securing
the
advice
and
consent
of
the
sen
-
45
ate,
the
appointment
shall
be
referred
by
the
presiding
officer
to
the
appro
-
46
priate
committee
of
the
senate
for
consideration
and
report
prior
to
action
47
thereon
by
the
full
senate.
48
(f)
Excepting
the
appointments
made
pursuant
to
subsection
(c)
of
this
49
section,
whenever
an
appointee's
term
has
expired
as
prescribed
by
law,
50
3
the
governor
or
the
authorized
appointing
authority
must
fill
the
position
1
within
twelve
(12)
months
of
the
expiration
of
the
term.
However,
an
of
-
2
fice
will
be
vacant
if
the
governor
or
the
authorized
appointing
authority:
3
(i)
fails
to
timely
appoint
a
qualified
person
at
the
earlier
of
the
time
4
required
by
law
or
required
in
this
subsection;
or
(ii)
fails
to
provide
5
the
senate
with
an
appropriate
letter
or
document
of
appointment
by
the
6
thirty
-
sixth
legislative
day
of
the
subsequent
legislative
session.
All
7
letters
or
documents
of
appointment
must,
as
reasonably
possible,
accompany
8
the
additional
documentation
required
by
the
senate.
At
the
request
of
the
9
secretary
of
the
senate,
the
governor
or
the
authorized
appointing
authority
10
must
provide
the
additional
documentation.
1
1
(g)
It
is
the
intent
of
the
legislature
that
the
provisions
of
this
sec
-
12
tion
as
amended
by
this
chapter
shall
not
apply
to
appointments
which
have
13
been
made
prior
to
the
effective
date
of
this
chapter.
It
is
the
further
in
-
14
tent
of
the
legislature
that
the
provisions
of
this
section
shall
apply
to
15
the
offices
listed
in
this
section
and
to
any
office
created
by
law
or
exec
-
16
utive
order
which
succeeds
to
the
powers,
duties,
responsibilities
and
au
-
17
thorities
of
any
of
the
offices
listed
in
subsections
(c)
and
(d)
of
this
sec
-
18
tion.
19
SECTION
2.
That
Section
36
-
106,
Idaho
Code,
be,
and
the
same
is
hereby
20
amended
to
read
as
follows:
21
36
-
106.
DIRECTOR
OF
DEPARTMENT
OF
FISH
AND
GAME.
(a)
Office
of
Direc
-
22
tor
Created.
The
commission
governor
shall
appoint
a
director
of
the
depart
-
23
ment
of
fish
and
game,
hereinafter
referred
to
as
the
director,
who
pursuant
24
to
the
provisions
of
section
59
-
904,
Idaho
Code.
The
director
shall
serve
at
25
the
pleasure
of
the
governor.
Notwithstanding
any
other
provision
of
law
to
26
the
contrary,
a
director
appointed
on
or
before
July
1,
2026,
shall
be
con
-
27
sidered
for
confirmation
by
the
senate
at
the
first
regular
session
of
the
28
sixty
-
ninth
Idaho
legislature.
The
director
shall
be
a
person
with
knowl
-
29
edge
of,
and
experience
in,
the
requirements
for
the
protection,
conserva
-
30
tion,
restoration,
and
management
of
the
wildlife
resources
of
the
state.
31
The
director
shall
not
hold
any
other
public
office,
nor
any
office
in
any
po
-
32
litical
party
organization,
and
shall
devote
his
entire
time
to
the
service
33
of
the
state
in
the
discharge
of
his
official
duties,
under
the
direction
of
34
the
commission.
35
(b)
Secretary
to
Commission.
The
director
or
his
designee
shall
serve
36
as
secretary
to
the
commission.
37
(c)
Compensation
and
Expenses.
The
director
shall
receive
such
compen
-
38
sation
as
the
commission,
with
the
concurrence
and
approval
of
the
governor,
39
may
determine
and
shall
be
reimbursed
at
the
rate
provided
by
law
for
state
40
employees
for
all
actual
and
necessary
traveling
and
other
expenses
incurred
41
by
him
in
the
discharge
of
his
official
duties.
42
(d)
Oath
and
Bond.
Before
entering
upon
the
duties
of
his
office,
the
43
director
shall
take
and
subscribe
to
the
official
oath
of
office,
as
provided
44
by
section
59
-
401,
Idaho
Code,
and
shall,
in
addition
thereto,
swear
and
af
-
45
firm
that
he
holds
no
other
public
office,
nor
any
position
under
any
polit
-
46
ical
committee
or
party.
Such
oath,
or
affirmation,
shall
be
signed
in
the
47
office
of
the
secretary
of
state.
48
4
The
director
shall
be
bonded
to
the
state
of
Idaho
in
the
time,
form
and
1
manner
prescribed
by
chapter
8,
title
59,
Idaho
Code.
2
(e)
Duties
and
Powers
of
Director.
3
1.
The
director
shall
have
general
supervision
and
control
of
all
4
activities,
functions,
and
employees
of
the
department
of
fish
and
5
game,
under
the
supervision
and
direction
of
the
commission,
and
shall
6
enforce
all
the
provisions
of
the
laws
of
the
state,
and
rules
and
7
proclamations
of
the
commission
relating
to
wild
animals,
birds,
and
8
fish
and,
further,
shall
perform
all
the
duties
prescribed
by
section
9
67
-
2405,
Idaho
Code,
and
other
laws
of
the
state
not
inconsistent
with
10
this
act,
and
shall
exercise
all
necessary
powers
incident
thereto
not
1
1
specifically
conferred
on
the
commission.
12
2.
The
director
is
hereby
authorized
to
appoint
as
many
classified
em
-
13
ployees
as
the
commission
may
deem
necessary
to
perform
administrative
14
duties,
to
enforce
the
laws
and
to
properly
implement
management,
prop
-
15
agation,
and
protection
programs
established
for
carrying
out
the
pur
-
16
poses
of
the
Idaho
fish
and
game
code.
17
3.
The
appointment
of
such
employees
shall
be
made
by
the
director
in
18
accordance
with
chapter
53,
title
67,
Idaho
Code,
and
rules
promulgated
19
pursuant
thereto,
and
they
shall
be
compensated
as
provided
therein.
20
Said
employees
shall
be
bonded
to
the
state
of
Idaho
in
the
time,
form,
21
and
manner
prescribed
by
chapter
8,
title
59,
Idaho
Code.
22
4.
The
director
is
hereby
authorized
to
establish
and
maintain
fish
23
hatcheries
for
the
purpose
of
hatching,
propagating,
and
distributing
24
all
kinds
of
fish.
25
5.(A)
The
director,
or
any
person
appointed
by
him
in
writing
to
26
do
so,
may
take
wildlife
of
any
kind,
dead
or
alive,
or
import
the
27
same,
subject
to
such
conditions,
restrictions
and
rules
as
he
may
28
provide,
for
the
purpose
of
inspection,
cultivation,
propagation,
29
distribution,
scientific
or
other
purposes
deemed
by
him
to
be
of
30
interest
to
the
fish
and
game
resources
of
the
state.
31
(B)
The
director
shall
have
supervision
over
all
of
the
matters
32
pertaining
to
the
inspection,
cultivation,
propagation
and
dis
-
33
tribution
of
the
wildlife
propagated
under
the
provisions
of
ti
-
34
tle
36,
Idaho
Code.
He
shall
also
have
the
power
and
authority
to
35
obtain,
by
purchase
or
otherwise,
wildlife
of
any
kind
or
variety
36
which
he
may
deem
most
suitable
for
distribution
in
the
state
and
37
may
have
the
same
properly
cared
for
and
distributed
throughout
38
the
state
of
Idaho
as
he
may
deem
necessary.
39
(C)
The
director
is
hereby
authorized
to
issue
a
license/tag/per
-
40
mit
to
a
nonresident
landowner
who
resides
in
a
contiguous
state
41
for
the
purpose
of
taking
one
(1)
animal
during
an
emergency
depre
-
42
dation
hunt
which
includes
the
landowner's
Idaho
property
subject
43
to
such
conditions,
restrictions
or
rules
as
the
director
may
pro
-
44
vide.
The
fee
for
this
license/tag/permit
shall
be
equal
to
the
45
costs
of
a
resident
hunting
license,
a
resident
tag
fee
and
a
resi
-
46
dent
depredation
permit.
47
(D)
Unless
relocation
is
required
pursuant
to
subparagraph
(E)
48
herein,
notwithstanding
the
provisions
of
section
36
-
408,
Idaho
49
Code,
to
the
contrary,
the
director
shall
not
expend
any
funds,
or
50
5
take
any
action,
or
authorize
any
employee
or
agent
of
the
depart
-
1
ment
or
other
person
to
take
any
action,
to
undertake
actual
trans
-
2
plants
of
bighorn
sheep
into
areas
they
do
not
now
inhabit
for
the
3
purpose
of
augmenting
existing
populations
until:
4
(i)
The
boards
of
county
commissioners
of
the
counties
in
5
which
the
release
is
proposed
to
take
place
have
been
given
6
reasonable
notice
of
the
proposed
release.
7
(ii)
The
affected
federal
and
state
land
grazing
permittees
8
and
owners
or
leaseholders
of
private
land
in
or
contiguous
9
to
the
proposed
release
site
have
been
given
reasonable
no
-
10
tice
of
the
proposed
release.
1
1
(iii)
The
president
pro
tempore
of
the
senate
and
the
speaker
12
of
the
house
of
representatives
have
received
from
the
di
-
13
rector
a
plan
for
the
forthcoming
year
that
details,
to
the
14
best
of
the
department's
ability,
the
proposed
transplants
15
which
shall
include
the
estimated
numbers
of
bighorn
sheep
16
to
be
transplanted
and
a
description
of
the
areas
the
pro
-
17
posed
transplant
or
transplants
are
planned
for.
18
Upon
request,
the
department
shall
grant
one
(1)
hearing
per
19
transplant
or
relocation
if
any
affected
individual
or
entity
20
expresses
written
concern
within
ten
(10)
days
of
notification
re
-
21
garding
any
transplants
or
relocations
of
bighorn
sheep
and
shall
22
take
into
consideration
these
concerns
in
approving,
modifying
or
23
canceling
any
proposed
bighorn
sheep
transplant
or
relocation.
24
Any
such
hearing
shall
be
held
within
thirty
(30)
days
of
the
re
-
25
quest.
It
is
the
policy
of
the
state
of
Idaho
that
existing
sheep
26
or
livestock
operations
in
the
area
of
any
bighorn
sheep
trans
-
27
plant
or
relocation
are
recognized
and
that
the
potential
risk,
28
if
any,
of
disease
transmission
and
loss
of
bighorn
sheep
when
the
29
same
invade
domestic
livestock
or
sheep
operations
is
accepted.
30
Prior
to
any
transplant
or
relocation
of
bighorn
sheep
into
ar
-
31
eas
they
do
not
now
inhabit
or
a
transplant
or
relocation
for
the
32
purpose
of
augmenting
existing
populations,
the
department
shall
33
provide
for
any
affected
federal
or
state
land
grazing
permittees
34
or
owners
or
leaseholders
of
private
land
a
written
agreement
35
signed
by
all
federal,
state
and
private
entities
responsible
for
36
the
transplant
or
relocation
stating
that
the
existing
sheep
or
37
livestock
operations
in
the
area
of
any
such
bighorn
sheep
trans
-
38
plant
or
relocation
are
recognized
and
that
the
potential
risk,
39
if
any,
of
disease
transmission
and
loss
of
bighorn
sheep
when
the
40
same
invade
domestic
livestock
or
sheep
operations
is
accepted.
41
(E)
The
Idaho
department
of
fish
and
game:
(1)
shall
develop
a
42
state
management
plan
to
maintain
a
viable,
self
-
sustaining
pop
-
43
ulation
of
bighorn
sheep
in
Idaho
which
shall
consider
as
part
44
of
the
plan
the
current
federal
or
state
domestic
sheep
grazing
45
allotment(s)
that
currently
have
any
bighorn
sheep
upon
or
in
46
proximity
to
the
allotment(s);
(2)
within
ninety
(90)
days
of
the
47
effective
date
of
this
act
will
cooperatively
develop
best
manage
-
48
ment
practices
with
the
permittee(s)
on
the
allotment(s).
Upon
49
commencement
of
the
implementation
of
best
management
practices,
50
6
the
director
shall
certify
that
the
risk
of
disease
transmission,
1
if
any,
between
bighorn
and
domestic
sheep
is
acceptable
for
the
2
viability
of
the
bighorn
sheep.
The
director's
certification
3
shall
continue
for
as
long
as
the
best
management
practices
are
4
implemented.
The
director
may
also
certify
that
the
risk
of
dis
-
5
ease
transmission,
if
any,
between
bighorn
and
domestic
sheep
6
is
acceptable
for
the
viability
of
the
bighorn
sheep
based
upon
7
a
finding
that
other
factors
exist,
including
but
not
limited
8
to
previous
exposure
to
pathogens
that
make
separation
between
9
bighorn
and
domestic
sheep
unnecessary.
10
6.(A)
The
director
shall
have
the
power,
at
any
time
when
it
is
1
1
desired
to
introduce
any
new
species,
or
if
at
any
time
any
species
12
of
wildlife
of
the
state
of
Idaho
shall
be
threatened
with
exces
-
13
sive
shooting,
trapping,
or
angling
or
otherwise,
to
close
any
14
open
season
or
to
reduce
the
bag
limit
or
possession
limit
for
such
15
species
for
such
time
as
he
may
designate;
in
the
event
an
emer
-
16
gency
is
declared
to
exist,
such
closure
shall
become
effective
17
forthwith
upon
written
order
of
the
director;
in
all
other
cases,
18
upon
publication
and
posting
as
provided
in
section
36
-
105,
Idaho
19
Code.
20
(B)(i)
In
order
to
protect
property
from
damage
by
wildlife,
21
including
bear
and
turkey,
the
fish
and
game
commission
22
may
delegate
to
the
director
or
his
designee
the
authority
23
to
declare
an
open
season
upon
that
particular
species
of
24
wildlife
to
reduce
its
population.
The
director
or
his
de
-
25
signee
shall
make
an
order
embodying
his
findings
in
respect
26
to
when,
under
what
circumstances,
in
which
localities,
by
27
what
means,
and
in
what
amounts,
numbers
and
sex
the
wildlife
28
subject
to
the
hunt
may
be
taken.
In
the
event
an
emergency
29
is
declared
to
exist,
such
open
season
shall
become
effec
-
30
tive
forthwith
upon
written
order
of
the
director
or
his
31
designee;
in
all
other
cases,
upon
publication
and
posting
32
as
provided
in
section
36
-
105,
Idaho
Code.
33
(ii)
In
the
event
a
kill
permit
is
issued
by
the
director
34
or
his
designee,
the
individual
or
landowner
with
the
kill
35
permit,
in
conjunction
with
their
responsibility
for
field
36
dressing
the
animals
taken,
may
keep
one
(1)
animal
for
their
37
personal
use.
In
the
event
the
director
or
his
designee
38
issues
a
subsequent
kill
permit
for
the
same
individual
or
39
landowner
due
to
continued
depredation,
the
director
or
his
40
designee
may
authorize
the
individual
or
landowner
to
keep
a
41
second
subsequently
taken
animal
for
their
personal
use.
42
(C)
Any
season
closure
order
issued
under
authority
hereof
shall
43
be
published
in
at
least
one
(1)
newspaper
of
general
circulation
44
in
the
area
affected
by
the
order
for
at
least
once
a
week
for
two
45
(2)
consecutive
weeks,
and
such
order
shall
be
posted
in
public
46
places
in
each
county
as
the
director
may
direct.
47
(D)
During
the
closure
of
any
open
season
or
the
opening
of
any
48
special
depredation
season
by
the
director,
all
provisions
of
laws
49
relating
to
the
closed
season
or
the
special
depredation
season
50
7
on
such
wildlife
shall
be
in
force
and
whoever
violates
any
of
the
1
provisions
shall
be
subject
to
the
penalties
prescribed
therefor.
2
(E)
Prior
to
the
opening
of
any
special
depredation
hunt,
the
di
-
3
rector
or
his
designee
shall
be
authorized
to
provide
up
to
a
max
-
4
imum
of
fifty
percent
(50%)
of
the
available
permits
for
such
big
5
game
to
the
landholder(s)
of
privately
owned
land
within
the
hunt
6
area
or
his
designees.
If
the
landholder(s)
chooses
to
designate
7
hunters,
he
must
provide
a
written
list
of
the
names
of
designated
8
individuals
to
the
department.
If
the
landholder(s)
fails
to
des
-
9
ignate
licensed
hunters,
then
the
department
will
issue
the
total
10
available
permits
in
the
manner
set
by
rule.
All
hunters
must
have
1
1
a
current
hunting
license
and
shall
have
equal
access
to
both
pub
-
12
lic
and
private
lands
within
the
hunt
boundaries.
It
shall
be
un
-
13
lawful
for
any
landholder(s)
to
receive
any
form
of
compensation
14
from
a
person
who
obtains
or
uses
a
depredation
controlled
hunt
15
permit.
16
7.
The
director
shall
make
an
annual
report
to
the
governor,
the
legis
-
17
lature,
and
the
secretary
of
state
of
the
doings
and
conditions
of
his
18
office.
19
8.
The
director
may
sell
or
cause
to
be
sold
publications
and
materials
20
in
accordance
with
section
59
-
1012,
Idaho
Code.
21
9.
Any
deer,
elk,
antelope,
moose,
bighorn
sheep
or
bison
imported
or
22
transported
by
the
department
of
fish
and
game
shall
be
tested
for
the
23
presence
of
certain
communicable
diseases
that
can
be
transmitted
to
24
domestic
livestock.
Those
communicable
diseases
to
be
tested
for
shall
25
be
arrived
at
by
mutual
agreement
between
the
department
of
fish
and
26
game
and
the
department
of
agriculture.
Any
moneys
expended
by
the
de
-
27
partment
of
fish
and
game
on
wildlife
disease
research
shall
be
mutually
28
agreed
upon
by
the
department
of
fish
and
game
and
the
department
of
29
agriculture.
30
In
addition,
a
comprehensive
animal
health
program
for
all
deer,
elk,
31
antelope,
moose,
bighorn
sheep,
or
bison
imported
into,
transported,
or
32
resident
within
the
state
of
Idaho
shall
be
implemented
after
said
pro
-
33
gram
is
mutually
agreed
upon
by
the
department
of
fish
and
game
and
the
34
department
of
agriculture.
35
10.
In
order
to
monitor
and
evaluate
the
disease
status
of
wildlife
and
36
to
protect
Idaho's
livestock
resources,
any
suspicion
by
fish
and
game
37
personnel
of
a
potential
communicable
disease
process
in
wildlife
shall
38
be
reported
within
twenty
-
four
(24)
hours
to
the
department
of
agricul
-
39
ture.
All
samples
collected
for
disease
monitoring
or
disease
evalu
-
40
ation
of
wildlife
shall
be
submitted
to
the
division
of
animal
indus
-
41
tries,
department
of
agriculture.
42
11.(A)
The
director
is
authorized
to
enter
into
an
agreement
with
43
an
independent
contractor
for
the
purpose
of
providing
a
telephone
44
order
and
credit
card
payment
service
for
controlled
hunt
permits,
45
licenses,
tags,
and
permits.
46
(B)
The
contractor
may
collect
a
fee
for
its
service
in
an
amount
47
to
be
set
by
contract.
48
(C)
All
moneys
collected
for
the
telephone
orders
of
such
li
-
49
censes,
tags,
and
permits
shall
be
and
remain
the
property
of
the
50
8
state,
and
such
moneys
shall
be
directly
deposited
by
the
con
-
1
tractor
into
the
state
treasurer's
account
in
accordance
with
the
2
provisions
of
section
59
-
1014,
Idaho
Code.
The
contractor
shall
3
furnish
a
good
and
sufficient
surety
bond
to
the
state
of
Idaho
in
4
an
amount
sufficient
to
cover
the
amount
of
the
telephone
orders
5
and
potential
refunds.
6
(D)
The
refund
of
moneys
for
unsuccessful
controlled
hunt
permit
7
applications
and
licenses,
tags,
and
permits
approved
by
the
de
-
8
partment
may
be
made
by
the
contractor
crediting
the
applicant's
9
or
licensee's
credit
card
account.
10
12.
The
director
may
define
activities
or
facilities
that
primarily
1
1
provide
a
benefit:
to
the
department;
to
a
person;
for
personal
use;
to
12
a
commercial
enterprise;
or
for
a
commercial
purpose.
13
13.
The
director
shall
consult
with
other
agencies
to
identify
eligible
14
land
suitable
for
the
location
or
relocation
of
shooting
ranges.
15
SECTION
3.
That
Section
40
-
503,
Idaho
Code,
be,
and
the
same
is
hereby
16
amended
to
read
as
follows:
17
40
-
503.
OFFICES
-
-
APPOINTMENT
-
-
QUALIFICATIONS
-
-
COMPENSATION.
(1)
18
An
office
of
the
director
of
the
Idaho
transportation
department
is
estab
-
19
lished,
and
,
pursuant
to
the
provisions
of
section
59
-
904,
Idaho
Code,
the
20
board
governor
shall
appoint
a
director
having
knowledge
and
experience
21
in
transportation
matters.
The
director
shall
serve
at
the
pleasure
of
22
the
board.
governor.
Notwithstanding
any
other
provision
of
law
to
the
23
contrary,
a
director
appointed
on
or
before
July
1,
2026,
shall
be
con
-
24
sidered
for
confirmation
by
the
senate
at
the
first
regular
session
of
the
25
sixty
-
ninth
Idaho
legislature.
The
director
shall
not
hold
any
other
pub
-
26
lic
office,
nor
any
office
in
any
political
committee
or
organization,
and
27
shall
devote
full
time
to
the
performance
of
his
official
duties.
The
di
-
28
rector
shall
receive
compensation
as
the
board
may
determine
and
shall
be
29
reimbursed
for
all
actual
and
necessary
travel
and
expenses
incurred
by
him
30
in
the
discharge
of
his
official
duties,
not
to
exceed
a
sum
approved
by
the
31
board.
Subject
to
the
approval
of
the
board,
the
director
shall
appoint
a
32
chief
engineer
of
the
department
who
shall
serve
at
the
pleasure
of
the
di
-
33
rector
and
the
board,
and
who
shall
be
exempt
from
the
provisions
of
chapter
34
53,
title
67,
Idaho
Code.
35
(2)
An
office
of
the
chief
engineer
of
the
department
is
established,
36
and
the
chief
engineer
shall
be
a
registered
professional
engineer,
hold
-
37
ing
a
current
certificate
of
registration
in
accordance
with
the
laws
of
this
38
state,
or
who,
having
those
qualifications
shall
within
nine
(9)
months
af
-
39
ter
his
appointment,
qualify
as
a
registered
professional
engineer
in
accor
-
40
dance
with
the
laws
of
Idaho.
The
chief
engineer
shall
also
have
had
five
41
(5)
years
of
actual
experience
in
highway
engineering,
at
least
three
(3)
of
42
which
shall
have
been
in
an
administrative
capacity
involving
the
direction
43
of
a
substantial
technical
engineering
staff.
The
chief
engineer
shall
not
44
hold
any
other
public
office,
nor
any
office
in
any
political
committee
or
45
organization,
and
shall
devote
full
time
to
the
performance
of
his
official
46
duties
under
the
control
and
direction
of
the
director.
The
chief
engineer
47
shall
receive
compensation
and
reimbursement
for
travel
and
expenses
as
may
48
be
established
by
the
director.
49
9
SECTION
4.
That
Section
67
-
4222,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
67
-
4222.
POWERS
AND
DUTIES
OF
BOARD
-
-
APPOINTMENT
OF
DIRECTOR
-
-
EM
-
3
PLOYEES
-
-
MERIT
SYSTEM
-
-
SALARIES.
(a)
The
park
and
recreation
board
shall
4
administer,
conduct
and
supervise
the
department
of
parks
and
recreation
and
5
shall
have
the
powers
and
privileges
of
a
corporation,
including
the
right
to
6
sue
and
be
sued
in
its
own
name.
7
(b)
The
board
Pursuant
to
the
provisions
of
section
59
-
904,
Idaho
Code,
8
the
governor
shall
appoint
a
director
to
serve
at
its
discretion.
the
plea
-
9
sure
of
the
governor.
Notwithstanding
any
other
provision
of
law
to
the
con
-
10
trary,
a
director
appointed
on
or
before
July
1,
2026,
shall
be
considered
1
1
for
confirmation
by
the
senate
at
the
first
regular
session
of
the
sixty
-
12
ninth
Idaho
legislature.
When
appointed,
the
director
shall
be
an
ex
of
-
13
ficio
member
of
the
board
and
its
secretary
and
administrative
officer.
He
14
shall
be
bonded
as
required
by
the
board
and
shall
perform
such
duties
as
are
15
in
this
act
presented
and
as
are
delegated
by
the
board.
The
director
shall
16
be
selected
upon
the
basis
of
executive
ability,
experience
and
training
in
17
park
and
recreational
matters.
18
(c)
The
board
shall
authorize
the
employment
of
whatever
staff
it
deems
19
necessary
for
sound
and
economical
administration
of
the
department.
The
20
board
shall
adopt
a
merit
system
for
all
employees
of
the
department.
The
21
director
shall
hire
said
persons
who
shall
hold
their
respective
positions
22
subject
to
the
rules
of
the
merit
system
of
the
department.
If
a
merit
system
23
is
adopted
for
state
employees,
then
the
employees
of
the
department
shall
be
24
subject
to
the
rules
of
such
state
merit
system.
The
salaries
and
compensa
-
25
tion
of
all
persons
employed
by
the
department
shall
be
fixed
by
the
board
and
26
as
otherwise
provided
by
law.
27
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
28
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
29
July
1,
2026.
30