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Chapter 25 of 2009 HOUSE BILL NO. 86 BY APPROPRIATIONS COMMITTEE AN ACT APPROPRIATING ADDITIONAL MONEYS TO THE DEPARTMENT OF CORRECTION FOR FISCAL YEAR 2009; REDUCING THE APPROPRIATION TO THE DEPARTMENT OF CORRECTION FOR FISCAL YEAR 2009; AND DECLARING AN EMERGENCY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. In addition to the appropriation made in Section 1, Chapter 222, Laws of 2008, there is hereby appropriated to the Department of Correction the following amounts to be expended for the designated programs according to the designated expense class from the listed funds for the period July 1, 2008, through June 30, 2009: I. MANAGEMENT SERVICES: FOR: Operating Expenditures $220,000 FROM: General Fund $220,000 II. IDAHO STATE CORRECTIONAL INSTITUTION BOISE: FOR: Operating Expenditures $42,400 FROM: Miscellaneous Revenue Fund $42,400 SECTION 2. Notwithstanding any other provision of law to the contrary, the appropriation made in Section 1, Chapter 222, Laws of 2008, is hereby reduced by the following amount for the designated program, according to the designated expense class from the listed fund for the period July 1, 2008, through June 30, 2009: I. COUNTY OUT-OF-STATE PLACEMENT: FOR: Operating Expenditures $4,000,000 FROM: General Fund $4,000,000 SECTION 3. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval. , Chapter 25 of 2009 (2020-04-03)

Chapter 22 of 2009 HOUSE BILL NO. 18 BY EDUCATION COMMITTEE AN ACT RELATING TO THE STATE BOARD OF EDUCATION AND EMPLOYEE SICK LEAVE; AMENDING CHAPTER 21, TITLE 33, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 33-2109B, IDAHO CODE, TO PROVIDE THAT ANY EMPLOYEE OF BOISE STATE UNIVERSITY WITH ACCRUED SICK LEAVE AND WHO IS TRANSFERRED OR OTHERWISE BECOMES AN ELIGIBLE EMPLOYEE OF THE COLLEGE OF WESTERN IDAHO SHALL BE CREDITED WITH SUCH SICK LEAVE; AMENDING CHAPTER 53, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5333A, IDAHO CODE, TO PROVIDE THAT ANY EMPLOYEE OF BOISE STATE UNIVERSITY WITH ACCRUED SICK LEAVE AND WHO IS TRANSFERRED OR OTHERWISE BECOMES AN ELIGIBLE EMPLOYEE OF THE COLLEGE OF WESTERN IDAHO SHALL BE CREDITED WITH SUCH SICK LEAVE; DECLARING AN EMERGENCY AND PROVIDING A SUNSET DATE. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Chapter 21, Title 33, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 33-2109B, Idaho Code, and to read as follows: 33-2109B. SICK LEAVE TRANSFERRED — BOISE STATE UNIVERSITY — COLLEGE OF WESTERN IDAHO. Notwithstanding any other provision of law to the contrary, any employee of Boise State University who has accrued sick leave pursuant to section 67-5333, Idaho Code, and who, on or before September 1, 2009, is transferred to or otherwise becomes an eligible employee of the College of Western Idaho shall be credited by the College of Western Idaho with the amount of sick leave accrued and unused at the time of transfer. After such transfer, the use of such sick leave and the accrual of additional sick leave shall be governed by the laws, rules and policies applicable to the College of Western Idaho. SECTION 2. That Chapter 53, Title 67, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 67-5333A, Idaho Code, and to read as follows: 67-5333A. SICK LEAVE TRANSFERRED — BOISE STATE UNIVERSITY — COLLEGE OF WESTERN IDAHO. Notwithstanding any other provision of law to the contrary, any employee of Boise State University who has accrued sick leave pursuant to section 67-5333, Idaho Code, and who, on or before September 1, 2009, is transferred to or otherwise becomes an eligible employee of the College of Western Idaho shall be credited by the College of Western Idaho with the amount of sick leave accrued and unused at the time of transfer. After such transfer, the use of such sick leave and the accrual of additional sick leave shall be governed by the laws, rules and policies applicable to the College of Western Idaho. SECTION 3. An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after its passage and approval, and the provisions of this act shall be null, void and of no force and effect on and after September 2, 2009. , Chapter 22 of 2009 (2020-04-03)

Chapter 29 of 2009 SENATE BILL NO. 1041 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO ACTING GOVERNOR AND LIEUTENANT GOVERNOR COMPENSATION; AMENDING SECTION 67-805, IDAHO CODE, TO PROVIDE THE SALARY TO BE PAID TO THE SENATE PRESIDENT PRO TEMPORE AND THE SPEAKER OF THE HOUSE WHEN SERVING AS ACTING GOVERNOR; AND AMENDING SECTION 67-809, IDAHO CODE, TO PROVIDE THE SALARY TO BE PAID TO THE SENATE PRESIDENT PRO TEMPORE WHEN SERVING AS ACTING LIEUTENANT GOVERNOR. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 67-805, Idaho Code, be, and the same is hereby amended to read as follows: 67-805. ACTING GOVERNOR TO PERFORM SAME DUTIES - COMPENSATION OFPRESIDENT PRO TEMPORE OF THE SENATE OR SPEAKER OF THE HOUSE OF REPRESENTATIVESWHEN ACTING AS GOVERNOR. (1) Every provision in the laws of this state in relation to the powers and duties of the governor and in relation to acts and duties to be performed by others toward him, extends to the person performing for the time being the duties of acting governor. (2) Notwithstanding any other provisions of law to the contrary, whenperforming the duties of acting governor, the president pro tempore of thesenate or the speaker of the house of representatives will receive, inaddition to his daily legislative compensation, an amount equal to thedifference between that daily legislative compensation and the daily salary ofthe governor. SECTION 2. That Section 67-809, Idaho Code, be, and the same is hereby amended to read as follows: 67-809. DUTIES OF LIEUTENANT GOVERNOR — ACTUAL AND NECESSARY EXPENSES- COMPENSATION OF SENATE PRESIDENT PRO TEMPORE WHEN ACTING AS LIEUTENANTGOVERNOR. (1) The lieutenant governor shall perform on a day to day basis such duties in and for the government of this state as the governor may from time to time direct. The lieutenant governor shall perform such additional duties as the governor may deem necessary and desirable to promote the improvement of state government and the development of the human, natural and industrial resources of this state. At the written direction of the governor, the lieutenant governor may represent the state in negotiations, compacts, hearings and other matters dealing with the states or the federal government. He shall cooperate with all state and local governmental agencies to promote and encourage the orderly development of the resources of Idaho. The lieutenant governor shall also exercise the powers and privileges of the office of governor and presidency of the senate as provided by sections 12 and 13, article IV of the constitution of the state of Idaho. (2) The lieutenant governor shall be entitled to receive the following expense allowances: (a) As unvouchered expense allowances: (i) While performing the duties of acting governor, the difference between the daily salary of lieutenant governor and the daily salary of governor, which amount shall be in addition to the salary as lieutenant governor. Such amount shall not be paid for any day on which the lieutenant governor claims an unvouchered expense allowance as president of the senate. (ii) For each day spent serving as president of the senate during a legislative session, the per diem authorized for a member of the legislature by the citizen's committee on legislative compensation. (iii) Actual mileage expense reimbursement for coming to and returning from any regular, extraordinary or organizational session of the legislature at the same rate as mileage expense reimbursement is made for other state officers and employees. (iv) For each day actually spent in the office serving as lieutenant governor while the legislature is not in session, the same daily amount of per diem enumerated in subsection (2)(a)(ii) of this section. (v) For each day actually spent in the office serving as lieutenant governor when the legislature is not in session, the sum of twenty-five dollars ($25.00) if the lieutenant governor maintains his primary residence in Ada county. (b) As vouchered expense allowances: (i) Actual and necessary expenses incurred while serving as president of the senate during a legislative session, subject to the same requirements and limitations as if a member of the legislature. (ii) Actual and necessary expenses incurred while serving as lieutenant governor or as acting governor. (3) Unvouchered expense allowances and vouchered expense reimbursement for duties performed as president of the senate shall be paid from the legislative fund. All other compensation and/or allowances for duties performed as the lieutenant governor shall be paid from the appropriation made for the office of the lieutenant governor. (4) The actual and necessary expenses of the lieutenant governor while performing his official duties as lieutenant governor or as acting governor are hereby expressly exempted from the provisions of sections 67-2007 and67-2008, Idaho Code (Standard Travel Pay and Allowance Act of 1949). (5) Notwithstanding any other provisions of law to the contrary, whenperforming the duties of acting lieutenant governor, the president pro temporeof the senate will receive, in addition to his daily legislative compensation,an amount equal to the difference between that daily legislative compensationand the daily salary of the lieutenant governor. , Chapter 29 of 2009 (2020-04-03)

Chapter 23 of 2009 HOUSE BILL NO. 28 BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO THE STATE LIQUOR DISPENSARY; AMENDING THE HEADING FOR CHAPTER 2, TITLE 23, IDAHO CODE, TO REVISE TERMINOLOGY; AND AMENDING SECTIONS 23-102,23-201, 23-202, 23-203, 23-204, 23-205, 23-206, 23-207, 23-208, 23-209,23-211, 23-212, 23-214, 23-215, 23-216, 23-217, 23-301, 23-302, 23-305,23-306, 23-307, 23-308, 23-308B AND 23-309, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 23-311, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTIONS 23-312, 23-313, 23-402, 23-403,23-404, 23-406, 23-407, 23-408, 23-409, 23-502, 23-506, 23-507, 23-508,23-510, 23-512, 23-513, 23-514, 23-515, 23-517, 23-518, 23-519, 23-601,23-607, 23-608, 23-610, 23-805, 23-914, 23-1303, 23-1305 AND 23-1311, IDAHO CODE, TO REVISE TERMINOLOGY; AMENDING SECTION 33-2105, IDAHO CODE, TO REVISE TERMINOLOGY AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTIONS 57-1113,63-3622M, 63-3638A AND 67-802, IDAHO CODE, TO REVISE TERMINOLOGY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That the Heading for Chapter 2, Title 23, Idaho Code, be, and the same is hereby amended to read as follows: CHAPTER 2 STATE LIQUOR DISPENSARY DIVISION SECTION 2. That Section 23-102, Idaho Code, be, and the same is hereby amended to read as follows: 23-102. PURPOSE OF ACT. This act is passed in the exercise of the police power of the state. It is not designed to abridge the personal privilege of a responsible adult to consume alcoholic liquor as a beverage, except in cases of the abuse of that privilege to the detriment of others. The public interest requires that traffic in alcoholic liquor be regulated and controlled by the state, through the medium of a state liquor dispensarydivision vested with exclusive authority to import and sell such liquor, with certain exceptions, which are subject to its regulation. SECTION 3. That Section 23-201, Idaho Code, be, and the same is hereby amended to read as follows: 23-201. SUPERINTENDENTDIRECTOR — APPOINTMENT AND TERM. There shall be a state liquor dispensarydivision (in this act referred to as the "dispensarydivision "), in the office of the governor. Thedispensarydivision shall be a division of the office of the governor for the purposes of chapter 24, title 67, Idaho Code, and the administrator of the division shall be known as the superintendentdirector of the state liquor dispensary division. The dispensarydivision shall be conducted by the superintendentdirector of the state liquor dispensary division. Thesuperintendentdirector shall be appointed by the governor for a term of three (3) years, but may be removed by the governor at will. SECTION 4. That Section 23-202, Idaho Code, be, and the same is hereby amended to read as follows: 23-202. PRINCIPAL PLACE OF BUSINESS. The principal place of business of the dispensarydivision shall be in Ada county. SECTION 5. That Section 23-203, Idaho Code, be, and the same is hereby amended to read as follows: 23-203. POWERS AND DUTIES. The dispensarydivision shall have the following general powers and duties: (a) Regulation of Liquor Traffic. To permit, license, inspect, and regulate the manufacture, importation, transportation, storage, sale, and delivery of alcoholic liquor for purposes permitted by this act. (b) Traffic in Liquor. To buy, import, transport, store, sell, and deliver alcoholic liquor. (c) Operation of Liquor Stores. To establish, maintain, and discontinue warehouses, state liquor stores and distribution stations, and in the operation thereof to buy, import, transport, store, sell and deliver such other nonalcohol merchandise as may be reasonably related to its sale of alcoholic liquor. (d) Acquisition of Real Estate. To acquire, buy, and lease real estate, and to improve and equip the same for the conduct of its business. (e) Acquisition of Personal Property. To acquire, buy, and lease personal property necessary and convenient for the conduct of its business. (f) Making Reports. To report to the governor annually, and at such other times as he may require, concerning the condition, management, and financial transactions of the dispensarydivision. (g) General Powers. To do all things necessary and incidental to its powers and duties under this act. The dispensarydivision shall so exercise its powers as to curtail the intemperate use of alcoholic beverages. It shall not attempt to stimulate the normal demands of temperate consumers thereof, irrespective of the effect on the revenue derived by the state from the resale of intoxicating liquor. SECTION 6. That Section 23-204, Idaho Code, be, and the same is hereby amended to read as follows: 23-204. SUCCESSOR TO PROPERTY OF FORMER ADMINISTRATORS. Thedispensary division shall succeed to the property and records of the Idaho Liquor Control Commission created by chapter 103 of the 1935 Session Laws, and the Idaho Liquor Board created by Senate Bill No. 26 of the Twenty-fifth Session, approved January 26, 1939. SECTION 7. That Section 23-205, Idaho Code, be, and the same is hereby amended to read as follows: 23-205. SECRETARY — APPOINTMENT, TERM AND DUTIES. The superintendentdirector of the Idaho liquor dispensarydivision shall appoint a secretary, to serve at the pleasure of the superintendent director. The secretary shall keep the records of the dispensarydivision, and perform such other duties as the superintendentdirector may prescribe. SECTION 8. That Section 23-206, Idaho Code, be, and the same is hereby amended to read as follows: 23-206. POWERS AND DUTIES OF SUPERINTENDENTDIRECTOR AS SUCCESSOR TO IDAHO LIQUOR BOARD. The superintendentdirector of the dispensarydivision shall have the following general powers and duties. (a) Supervision: To exercise general supervision of the conduct and business of thedispensarydivision. (b) Rules and Regulations: To promulgate rules and regulations in the exercise of the governmental and proprietary powers and duties of the dispensary division. SECTION 9. That Section 23-207, Idaho Code, be, and the same is hereby amended to read as follows: 23-207. SPECIFIC RULES AND REGULATIONS. Without attempting or intending to limit the general powers of the superintendentdirector of the dispensarydivision contained in section 23-206, Idaho Code, such powers shall extend to and include the following: (a) To prescribe the duties of the secretary, and to supervise his conduct while in the discharge of his duties. (b) Subject to the provisions of chapter 53, title 67, Idaho Code, to prescribe the qualifications of and to select clerks, accountants, agents, vendors, inspectors, servants, legal counsel, and other personnel to conduct its business and perform its functions; to require that those holding positions of trust be bonded to the state of Idaho in the time, form and manner prescribed by chapter 8, title 59, Idaho Code; to fix the compensation of all appointees and employees, assign their duties, and to discharge them. (c) To regulate the management, operation, bookkeeping, reporting, equipment, records, and merchandise of state liquor stores and distribution stations and warehouses. (d) To regulate the importation, purchase, transportation, and storage of alcoholic liquor and the furnishing of alcoholic liquor to state liquor stores, distribution stations, and warehouses established under this act. (e) To determine the classes, varieties, and brands of alcoholic liquors to be kept in state warehouses and for sale at state liquor stores and distribution stations. (f) To determine the nature, form, and capacity of packages containing liquor kept or sold. (g) To prescribe the kinds and character of official seals or labels to be attached to packages of liquor sold. (h) From time to time to fix the sale prices, which shall be uniform throughout the state, of the different classes, varieties, or brands of alcoholic liquor, and to issue and distribute price lists thereof. (i) To prescribe, prepare, and furnish printed forms and information blanks necessary or convenient for administering this act, and printed copies of the regulations made thereunder. To contract for the printing thereof and of all necessary records and reports. (j) To regulate the issuance, suspension and revocation of permits and licenses to purchase, manufacture and handle or traffic in alcoholic liquor. (k) To prescribe the conditions and qualifications necessary for obtaining permits and licenses, and the conditions of use of privileges under them; and to provide for the inspection of the records and the conduct of use of permittees and licensees. (l) To prescribe the kind, quality, and character of alcoholic liquors which may be purchased or sold under any and all licenses and permits, including the quantity which may be purchased or sold at any one (1) time or within any specified period of time. SECTION 10. That Section 23-208, Idaho Code, be, and the same is hereby amended to read as follows: 23-208. SUPERINTENDENTDIRECTOR — POWERS AND DUTIES. Thesuperintendentdirector as the executive officer of thedispensarydivision, shall exercise all the powers and duties vested in the dispensarydivision. SECTION 11. That Section 23-209, Idaho Code, be, and the same is hereby amended to read as follows: 23-209. OFFICIAL BOND OF SUPERINTENDENTDIRECTOR. Thesuperintendentdirector shall be bonded to the state of Idaho in the time, form and manner as prescribed by chapter 8, title 59, Idaho Code. SECTION 12. That Section 23-211, Idaho Code, be, and the same is hereby amended to read as follows: 23-211. PERSONNEL NOT TO BE INTERESTED IN PRIVATE LIQUOR TRAFFIC. Neither the superintendentdirector, the secretary, nor any other officer or employee of the dispensarydivision shall, directly or indirectly, individually, or as a member of a partnership or as a shareholder in a corporation, have any private interest whatsoever in the business of manufacturing, transporting, distributing, or selling of alcoholic liquor; nor shall he receive any kind of profit whatsoever, or have any interest whatsoever in the purchases or sale by the persons herein authorized to purchase and sell alcoholic liquor, except that such provisions shall not prevent any such person from purchasing and keeping in his possession for the personal use of himself, his family, or his guests, of any liquor which may be lawfully purchased. SECTION 13. That Section 23-212, Idaho Code, be, and the same is hereby amended to read as follows: 23-212. PERSONNEL DISQUALIFIED FROM OTHER OFFICE OR BUSINESS. No officer or employee of the dispensarydivision shall, while holding such office or position, hold any other office or position or engage in any occupation or business inconsistent or interfering with the duties of such employment. SECTION 14. That Section 23-214, Idaho Code, be, and the same is hereby amended to read as follows: 23-214. OFFICERS AND EMPLOYEES NOT PERSONALLY LIABLE. Neither thesuperintendentdirector, secretary, nor any of the officers or employees of the dispensarydivision shall be liable for damages sustained by any person because of any act done in the performance of their respective duties under this act. SECTION 15. That Section 23-215, Idaho Code, be, and the same is hereby amended to read as follows: 23-215. PRICE LISTS TO BE FURNISHED BY SELLERS. All sellers of liquors or wines to the state liquor dispensarydivision shall furnish to the superintendentdirector or other executive officer of saiddispensarydivision, upon demand of such officer, a sworn statement showing the prices at which the same kind and grade of liquors or wines are currently sold to the official buying agencies of all states whose border touches the border of the state of Idaho; and it shall be the duty of the superintendentdirector or other executive officer of saiddispensarydivision, to keep such listed prices on file in his office and to permit the examination of the same at all times during regular office hours by any person desiring to inspect the same. SECTION 16. That Section 23-216, Idaho Code, be, and the same is hereby amended to read as follows: 23-216. ATTORNEY OR AGENT OF SELLER — NAME AND ADDRESS TO BE FURNISHED. Any firm or person interested in the sale of liquors or wines to the state liquor dispensarydivision shall file with said dispensarydivision the name and address of any attorney or agent employed by such firm or person in the state of Idaho, and designating the services to be performed by such attorney or agent, which information shall be filed in the office of the state liquor dispensarydivision and shall be available at all times during regular office hours to any person desiring to inspect the same. SECTION 17. That Section 23-217, Idaho Code, be, and the same is hereby amended to read as follows: 23-217. SURCHARGE ADDED TO PRICE OF ALCOHOLIC LIQUOR AND ALL OTHER MERCHANDISE SOLD — COLLECTION AND REMISSION BY SUPERINTENDENT DIRECTOR. (1) The superintendentdirector of the state liquor dispensarydivision is hereby authorized and directed to include in the price of alcoholic liquor and all other merchandise sold in the dispensarydivision, and its branches, a surcharge equal to two percent (2%) of the current price per unit computed to the nearest multiple of five cents; (5 cents). (2) After the price of the surcharge has been included, thesuperintendentdirector of the state liquor dispensary division is hereby authorized and directed to allow a discount of five percent (5%) from the price of each order of alcoholic liquor and all other merchandise sold to any licensee, as defined in section 23-902(7), Idaho Code. (3) The surcharge imposed pursuant to this section shall be collected and credited monthly to the drug court, mental health court and family court services fund, as set forth in section 11-625, Idaho Code. SECTION 18. That Section 23-301, Idaho Code, be, and the same is hereby amended to read as follows: 23-301. LIQUOR STORES — NOTICE OF INTENT TO LOCATE. (a) Thedispensary division may establish and maintain liquor stores under the management of a vendor in any city organized under general or special law. Before any store site or distributing station may be established within a city or unincorporated area that does not have a distributing station, the dispensarydivision shall have printed in the city's official newspaper, as defined in section 50-213, Idaho Code, a legal notice of the dispensary'sdivision's intent to establish a liquor store or distributing station in the city and that a public hearing will be held regarding the proposed liquor store if the requirements specified herein are satisfied. The legal notice shall contain the time, date and place of the hearing and the address where the liquor store or distributing station is proposed to be located, notice of the right to protest the location, the requirements necessary to be satisfied before a public hearing will be held, and shall be a twenty (20) days' notice as described in section 60-109, Idaho Code. If the lesser of twenty-five (25) people or ten percent (10%) of the eligible voters living in precincts, any part of which is located within a one thousand (1,000) foot radius surrounding of the proposed site, sign a petition which protests the proposed site of the liquor store or distributing station and present it to the superintendentdirector or his designated representative, a public hearing shall be held within one (1) week after the last legal notice has been published. (b) If fifty percent (50%) or more of the eligible voters living in precincts, any part of which is located within a one thousand (1,000) foot radius surrounding the proposed site of the liquor store or distributing station, sign a petition which protests the proposed site of the liquor store or distributing station and present it to the superintendentdirector or his designated representative within five (5) business days after the public hearing, the dispensarydivision shall not place a liquor store or distributing station at the proposed site. (c) The dispensarydivision may classify liquor stores according to the volume of their sales. SECTION 19. That Section 23-302, Idaho Code, be, and the same is hereby amended to read as follows: 23-302. DISTRIBUTING STATIONS — NOTICE OF INTENT TO LOCATE. (a) Thedispensarydivision may select a special distributor in any municipality where in its judgment a liquor store is not required; or in any unincorporated locality, but only if satisfied of the existence therein of adequate local police protection, upon the furnishing by said distributor of a bond satisfactory to the dispensarydivision, conditioned for his faithful observance of this act and the rules and regulations of the dispensarydivision thereunder, and if the provisions of section 23-301, Idaho Code, are complied with. (b) In maintaining the location of any such store or station, or in discontinuing the same, the dispensarydivision shall give due consideration to the normal local demand for alcoholic liquor by resident temperate adult consumers and the local community sentiment with respect to the liquor traffic as expressed by ordinance or otherwise. SECTION 20. That Section 23-305, Idaho Code, be, and the same is hereby amended to read as follows: 23-305. COMPENSATION OF VENDORS AND SPECIAL DISTRIBUTORS. Vendors and special distributors shall receive uniform compensation, which compensation shall be considered a part of the cost of sales, according to classifications, fixed by the dispensarydivision. SECTION 21. That Section 23-306, Idaho Code, be, and the same is hereby amended to read as follows: 23-306. GENERAL CONDUCT AND MANAGEMENT. In the conduct and management of liquor stores and distributing stations, vendors and special distributors shall be subject to the provisions of this act and the rules and regulations of the dispensarydivision. SECTION 22. That Section 23-307, Idaho Code, be, and the same is hereby amended to read as follows: 23-307. DAYS WHEN SALES ARE PROHIBITED. It shall be unlawful to transact the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station: (a) After the closing hours as established by the dispensarydivision. (b) On any Thanksgiving, Christmas or Memorial Day. (c) On any Sunday, except as provided by county option pursuant to section 23-308, Idaho Code. (d) During such other periods or days as may be designated by thedispensarydivision. SECTION 23. That Section 23-308, Idaho Code, be, and the same is hereby amended to read as follows: 23-308. COUNTY OPTION SUNDAY LIQUOR SALES — RESOLUTION OF COUNTY COMMISSIONERS — LOCAL OPTION COUNTY ELECTION. (1) The board of county commissioners of each county may, by resolution regularly adopted, allow for the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station in the county on any Sunday which does not fall on Christmas Day, and such sales shall be allowed so long as the resolution remains in effect. If such a resolution is adopted by the board, a copy of such resolution shall be delivered to the superintendent director of the state liquordispensarydivision and to the director of the Idaho state police. (2) Within thirty (30) days after the effective date of this act, a petition in writing signed by not less than twenty percent (20%) of the registered, qualified electors of any county may be filed with the clerk of said county requesting an election to be held to determine whether or not the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station in the county on any Sunday which does not fall on Christmas Day, shall be allowed. (3) In the event a petition is presented, the county commissioners of any such county shall, within five (5) days after the presentation of the petition, meet and determine the sufficiency thereof by ascertaining whether such petition is signed by the required number of registered, qualified electors of the county affected. (4) In the event that a petition does not contain the required number of certified signatures, the commissioners shall inform the person or organization under whose authority the petition was circulated that the petition is defective for lack of certified signatures, and specify the number of additional signatures required to make the petition valid. The petition must be perfected within sixty (60) days of the date that the commissioners find the petition defective for lack of certified signatures. If the petition is not perfected within the sixty (60) day period, the commissioners shall declare the petition null and void ab initio in its entirety. (5) In the event the county commissioners of said county determine that the petition is signed by the required percentage of registered, qualified electors, the commissioners shall forthwith make an order calling an election to be held within the county, subject to the provisions of section 34-106, Idaho Code, in the manner provided by law for holding elections for county officers. All the laws of the state of Idaho relating to the holding of elections of county officers for such county shall apply to the holding of the election provided for in this section. In addition to the other requirements of law, the notice of election shall notify the electors of the issue to be voted upon at said election. SECTION 24. That Section 23-308B, Idaho Code, be, and the same is hereby amended to read as follows: 23-308B. EFFECT OF LOCAL OPTION COUNTY ELECTION. Upon a canvass of the votes cast, the clerk of the county shall certify the result thereof to the director of the Idaho state police and to the superintendentdirector of the state liquor dispensarydivision. If a majority of the votes cast are "Shall the sale or delivery of any alcoholic liquor in, on, or from the premises of any state liquor store or distributing station be allowed on any Sunday which does not fall on Christmas Day, Yes," then all liquor stores and distributing stations in the county shall be allowed to transact the sale or delivery of any alcoholic liquor in, on, or from all such premises in the county on any Sunday which does not fall on Christmas Day. SECTION 25. That Section 23-309, Idaho Code, be, and the same is hereby amended to read as follows: 23-309. SALES. No vendor of any state liquor store or special distributor shall sell any alcoholic liquor or any other merchandise on behalf of the dispensarydivision except for cash, check, money order, credit card, electronic funds transfer or debit card. In addition, thedispensary division shall, under such rules as may be adopted by it, authorize the vendor of a state liquor store or special distributor to accept a check, credit cards, electronic funds transfer or debit card from persons licensed for the retail sale of liquor by the drink pursuant to chapter 9, title 23, Idaho Code, as payment for purchases from thedispensary division. Dishonor of any credit device given by such person shall constitute grounds for suspension or revocation of such person's license pursuant to section 23-933, Idaho Code, in addition to any other remedy provided by law. SECTION 26. That Section 23-311, Idaho Code, be, and the same is hereby amended to read as follows: 23-311. CONTAINERS AND LABELS. No alcoholic liquor shall be sold to any purchaser except in a sealed container with the official seal or label prescribed by the dispensarydivision and no such container shall be opened upon the premises of any state warehouse, store, or distributing station. SECTION 27. That Section 23-312, Idaho Code, be, and the same is hereby amended to read as follows: 23-312. PERSONS UNDER TWENTY-ONE AND INTOXICATED PERSONS — INHIBITED SALES. No officer, agent, or employee of the dispensarydivision shall sell any alcoholic liquor to a person under the age of twenty-one (21) years or to any person intoxicated or apparently intoxicated. SECTION 28. That Section 23-313, Idaho Code, be, and the same is hereby amended to read as follows: 23-313. LIQUOR NOT TO BE CONSUMED ON PREMISES. No vendor, officer, clerk, servant, agent, or employee of the dispensarydivision employed in any state liquor store, state-owned warehouse, or distributing station, shall allow any alcoholic liquor to be consumed on the premises of such state warehouse, store, or distributing station, nor shall any person consume any such liquor on such premises. SECTION 29. That Section 23-402, Idaho Code, be, and the same is hereby amended to read as follows: 23-402. APPROPRIATION. All moneys appropriated for, accruing to, or received by said fund are hereby appropriated for the purpose of this act for the purchase of alcoholic liquor, and the purchase of other nonalcohol merchandise sold through the dispensarydivision and payment of expenses of administration and operation of the dispensary division, and the same shall be paid out by the state treasurer only upon vouchers prepared and certified to by the dispensarydivision and approved by the state board of examiners. SECTION 30. That Section 23-403, Idaho Code, be, and the same is hereby amended to read as follows: 23-403. RESERVE. No distribution of any surplus from the liquor fund shall be made as provided in the following section, unless there shall be moneys in said fund after setting aside and reserving the following: (a) Funds sufficient to pay all current obligations of the dispensary division. (b) A cash reserve of fifty thousand dollars ( $50,000) over and above all other assets. SECTION 31. That Section 23-404, Idaho Code, be, and the same is hereby amended to read as follows: 23-404. DISTRIBUTION OF MONEYS IN LIQUOR ACCOUNT. (1) The moneys received into the liquor account shall be transferred or appropriated as follows: (a) An amount of money equal to the actual cost of purchase of alcoholic liquor and payment of expenses of administration and operation of the dispensarydivision, as determined by the superintendent director and certified quarterly to the state controller, shall be transferred back to the dispensarydivision; provided, that the amount so transferred back for administration and operation of the dispensarydivision shall not exceed the amount authorized to be expended by regular appropriation authorization. (b) From fiscal year 2006 through fiscal year 2009, forty percent (40%) of the balance remaining after transferring the amounts authorized by paragraph (a) of this subsection shall be transferred or appropriated pursuant to this paragraph (b). Beginning in fiscal year 2010 the percentage transferred pursuant to this paragraph (b) shall increase to forty-two percent (42%) with an increase of two percent (2%) for each subsequent fiscal year thereafter until fiscal year 2014 when such percentage shall be fifty percent (50%). (i) For fiscal year 2006 and through fiscal year 2009, one million eight hundred thousand dollars ($1,800,000) shall be appropriated and paid to the cities and counties as set forth in paragraphs (c)(i) and (c)(ii) of this subsection; (ii) Two million eighty thousand dollars ($2,080,000) shall be transferred annually to the substance abuse treatment fund, which is created in section 23-408, Idaho Code; (iii) Six hundred thousand dollars ($600,000) shall be transferred annually to the community college account, created in section 33-2139, Idaho Code; (iv) One million two hundred thousand dollars ($1,200,000) shall be transferred annually to the public school income fund, as defined in section 33-903, Idaho Code; (v) Six hundred fifty thousand dollars ($650,000) shall be transferred annually to the cooperative welfare account in the dedicated fund; (vi) Six hundred eighty thousand dollars ($680,000) shall be transferred annually to the drug court, mental health court and family court services fund; (vii) Four hundred forty thousand dollars ($440,000) shall be transferred annually to the drug and mental health court supervision fund which is created in section 23-409, Idaho Code; and (viii) The balance shall be transferred to the general fund. (c) The remainder of the moneys received in the liquor account shall be appropriated and paid as follows: (i) Forty percent (40%) of the balance remaining after the transfers authorized by paragraphs (a) and (b) of this subsection have been made is hereby appropriated to and shall be paid to the several counties. Each county shall be entitled to an amount in the proportion that liquor sales through the dispensarydivision in that county during the state's previous fiscal year bear to total liquor sales through the dispensary division in the state during the state's previous fiscal year, except that no county shall be entitled to an amount less than that county received in distributions from the liquor account during the state's fiscal year 1981. (ii) Sixty percent (60%) of the balance remaining after the transfers authorized by paragraphs (a) and (b) of this subsection have been made is hereby appropriated to and shall be paid to the several cities as follows: 1. Ninety percent (90%) of the amount appropriated to the cities shall be distributed to those cities which have a liquor store or distribution station located within the corporate limits of the city. Each such city shall be entitled to an amount in the proportion that liquor sales through the dispensarydivision in that city during the state's previous fiscal year bear to total liquor sales through thedispensary division in the state during the state's previous fiscal year, except that no city shall be entitled to an amount less than that city received in distributions from the liquor account during the state's fiscal year 1981; 2. Ten percent (10%) of the amount appropriated to the cities shall be distributed to those cities which do not have a liquor store or distribution station located within the corporate limits of the city. Each such city shall be entitled to an amount in the proportion that that city's population bears to the population of all cities in the state which do not have a liquor store or distribution station located within the corporate limits of the city, except that no city shall be entitled to an amount less than that city received in distributions from the liquor account during the state's fiscal year 1981. (2) All transfers and distributions shall be made periodically, but not less frequently than quarterly but, the apportionments made to any county or city, which may during the succeeding three (3) year period be found to have been in error either of computation or transmittal, shall be corrected during the fiscal year of discovery by a reduction of apportionments in the case of over-apportionment or by an increase of apportionments in the case of under-apportionment. The decision of thesuperintendentdirector on entitlements of counties and cities shall be final, and shall not be subject to judicial review. SECTION 32. That Section 23-406, Idaho Code, be, and the same is hereby amended to read as follows: 23-406. ADMINISTRATIVE EXPENSE. Claims for salaries, wages, and other compensation, premiums on official bonds, traveling and other expenses of the superintendentdirector, secretary and other officers and employees, and all other expenditures made by the dispensary division in the exercise of its powers hereunder, shall be paid from the liquor fund as a part of the cost of the administration of this act. SECTION 33. That Section 23-407, Idaho Code, be, and the same is hereby amended to read as follows: 23-407. DEPOSIT OF REVENUE. It shall be the duty of all special distributors, vendors, officers, agents, and employees to report and pay over to the dispensarydivision, in such manner and pursuant to such rules as may be adopted by it, all revenues derived from the sale of alcoholic beverages, all revenues derived from the sale of all other merchandise sold on behalf of the dispensarydivision, excise taxes, licenses, permits, fees, profits on sales, or other revenues resulting from the operation of this act, and the dispensarydivision shall deposit the same with the state treasurer to the credit of the liquor fund. SECTION 34. That Section 23-408, Idaho Code, be, and the same is hereby amended to read as follows: 23-408. SUBSTANCE ABUSE TREATMENT FUND. There is hereby created in the state treasury, the substance abuse treatment fund. Moneys remitted to the substance abuse treatment fund by the state liquor dispensarydivision and from the tax on beer and wine are intended to be utilized for substance abuse treatment services at both the state and local levels. Moneys in the fund may be expended pursuant to appropriation and are intended to assist state government and local units of government in providing affordable, accessible substance abuse treatment services, including crisis intervention and detoxification services, inpatient and outpatient treatment services, and recovery support services for all Idaho residents. The state treasurer is authorized to invest all idle moneys in the fund and the interest earned on such investment shall be returned to the fund. SECTION 35. That Section 23-409, Idaho Code, be, and the same is hereby amended to read as follows: 23-409. DRUG AND MENTAL HEALTH COURT SUPERVISION FUND. There is hereby created in the state treasury, the drug and mental health court supervision fund. Moneys remitted to the drug and mental health court supervision fund by the state liquor dispensarydivision are intended to be utilized by the Idaho department of correction for the supervision of offenders sentenced to drug or mental health court. Moneys in the fund may be expended pursuant to appropriation and are intended to assist the courts in managing and monitoring this high-risk and high-need population. The state treasurer is authorized to invest all idle moneys in the fund and the interest earned on such investment shall be returned to the fund. SECTION 36. That Section 23-502, Idaho Code, be, and the same is hereby amended to read as follows: 23-502. SACRAMENTAL WINE. A minister, priest, rabbi, or religious organization shall have the privilege of purchasing wine for sacramental purposes from the dispensarydivision or from any other source within or without the state. SECTION 37. That Section 23-506, Idaho Code, be, and the same is hereby amended to read as follows: 23-506. PERMISSIVE USES SUBJECT TO REGULATION. Any person shall have the privilege of the permissive uses herein-before referred to in this article without payment of fee, subject to such reasonable general regulations as the dispensarydivision may promulgate for the purpose of preventing any abuses of the privileges thereby permitted. SECTION 38. That Section 23-507, Idaho Code, be, and the same is hereby amended to read as follows: 23-507. MANUFACTURERS' LICENSES. The dispensarydivision may grant a license to a manufacturer of alcoholic liquor for sale to thedispensarydivision and to customers outside of the state, subject to such regulations as the dispensarydivision may adopt. The fee for such permit shall be one hundred dollars ( $100). SECTION 39. That Section 23-508, Idaho Code, be, and the same is hereby amended to read as follows: 23-508. MANUFACTURER'S BOND. As a condition precedent to the issuance of a manufacturer's license, the applicant shall post a bond, written by a surety company authorized to do business in Idaho, in the penal sum ofone thousand dollars ( $1,000), conditioned for the faithful observation of the provisions of this act and the regulations rules of thedispensarydivision promulgated thereunder. For a violation of the conditions thereof, said bond shall be forfeited to the state of Idaho, and any recovery thereon shall be covered into the liquor fund. SECTION 40. That Section 23-510, Idaho Code, be, and the same is hereby amended to read as follows: 23-510. INSPECTION OF MANUFACTORY. The dispensarydivision shall have the power at all times to inspect any manufactory for which a license is granted hereunder. SECTION 41. That Section 23-512, Idaho Code, be, and the same is hereby amended to read as follows: 23-512. SALES FOR MEDICAL OR SCIENTIFIC PURPOSES. Under such rules and regulations as the dispensarydivision may adopt, it has authority to make sales of alcoholic liquor and ethyl alcohol from thedispensarydivision only: (a) To a registered pharmacist operating a drug store, for scientific and mechanical purposes and for compounding and preparing medicines. (b) To a licensed physician, dentist, or veterinarian or other licensed practitioner entitled to prescribe for healing purposes, for administering medicinally and in compounding prescriptions. (c) To a person in charge of a regularly conducted hospital or sanitorium for administering to the sick and aged. (d) To a person in charge of a laboratory for use in scientific pursuits and experiments. (e) For other purposes, similar to those mentioned in this section and not specifically covered by this act. SECTION 42. That Section 23-513, Idaho Code, be, and the same is hereby amended to read as follows: 23-513. TERM OF PERMITS OR LICENSES. Every permit or license issued by the dispensarydivision shall expire on December 31st of the year in which issued. SECTION 43. That Section 23-514, Idaho Code, be, and the same is hereby amended to read as follows: 23-514. NATURE OF PERMIT. A permit shall be a personal privilege, subject to be denied, revoked, or canceled for its abuse. It shall not constitute property; nor shall it be subject to attachment and execution; nor shall it be alienable or assignable. Every permit shall be issued in the name of the applicant and no person holding a permit shall allow any other person to use the same. The dispensarydivision, if not satisfied of the integrity and good faith of an applicant for a permit, may refuse to issue the same, or may refuse to issue a renewal thereof. SECTION 44. That Section 23-515, Idaho Code, be, and the same is hereby amended to read as follows: 23-515. INSPECTION AND EXAMINATION OF RECORDS OF PERMITS AND SALES. The records of the dispensarydivision with respect to permits and sales thereunder shall be subject to disclosure according to chapter 3, title 9, Idaho Code. SECTION 45. That Section 23-517, Idaho Code, be, and the same is hereby amended to read as follows: 23-517. SUSPENSION AND REVOCATION OF PERMITS. The dispensarydivision may suspend or revoke a permit, for the abuse of its privileges, after reasonable notice and fair hearing in accordance with reasonable rules of procedure prescribed by it. In lieu of other remedies in this section authorized, the dispensarydivision may, as a condition precedent to a continuance of his permit, in any case where the permittee has not theretofore given bond, exact from him a bond, written by a surety company authorized to do business in Idaho, in the penal sum of one thousand dollars ( $1, 000 ), conditioned for the faithful observance of the provisions of this act and the regulations of the dispensarydivision promulgated thereunder. For a violation of the conditions thereof, said bond shall be forfeited to the state of Idaho, and any recovery thereon shall be covered into the liquor fund. SECTION 46. That Section 23-518, Idaho Code, be, and the same is hereby amended to read as follows: 23-518. SURRENDER OF PERMITS. Whenever a permit shall have been voided, canceled or suspended, the holder thereof shall forthwith deliver the same to the dispensarydivision. The dispensarydivision shall notify all vendors and special distributors of voidances, cancel l ations and suspensions. No permit shall be issued to a person whose permit has been voided or canceled within a period of one (1) year from the date of voidance or cancel l ation of his former permit. SECTION 47. That Section 23-519, Idaho Code, be, and the same is hereby amended to read as follows: 23-519. SPECIFIC GROUNDS OF SUSPENSION AND REVOCATION OF PERMITS. Without limiting the powers of the dispensarydivision in the matter of revocation of permits for other cause of abuse of the privilege, thedispensarydivision is hereby empowered to revoke or suspend a permit of any permittee upon satisfactory proof of any of the following grounds or causes: (a) Drunkenness or apparent drunkenness, within or without the state of Idaho. (b) Desertion or nonsupport of family or dependents. (c) Dependence upon public assistance or relief in any case where it appears that the purchase or consumption of intoxicating liquor by the permittee tends to deprive his family and dependents of needed subsistence. SECTION 48. That Section 23-601, Idaho Code, be, and the same is hereby amended to read as follows: 23-601. VIOLATION OF DUTY BY OFFICERS AND EMPLOYEES OF DISPENSARYDIVISION. Any officer or employee of the dispensary division who shall knowingly and wil l fully violate any of the provisions of this act, shall be guilty of a misdemeanor; and, upon conviction, shall be punishable by a fine of not less than three hundred dollars ( $300), nor more than one thousand dollars ( $1 , 000), or by imprisonment in the county jail for not less than three (3) months, nor more than one (1) year, or by both such fine and imprisonment. SECTION 49. That Section 23-607, Idaho Code, be, and the same is hereby amended to read as follows: 23-607. ADVERTISING. Except as permitted by federal statute and regulations, there shall be no public advertisement or advertising of alcoholic liquors in any manner or form within the state of Idaho. (1) No person shall publish, exhibit, or display or permit to be displayed any other advertisement or form of advertisement, or announcement, publication, or price list of, or concerning any alcoholic liquors, or where, or from whom the same may be purchased or obtained, unless permitted so to do by the regulations enacted by thedispensarydivision and then only in strict accordance with such regulations. (2) This section of the act shall not apply however: (a) To the state liquor dispensarydivision. (b) To the correspondence, or telegrams, or general communications of the commission, or its agents, servants, and employees. (c) To the receipt or transmission of a telegram or telegraphic copy in the ordinary course of the business of such agents, servants, or employees of any telegraph company. A violation of this section shall constitute a misdemeanor. SECTION 50. That Section 23-608, Idaho Code, be, and the same is hereby amended to read as follows: 23-608. ADDED PENALTY — FORFEITURE OF LICENSE OR PERMIT — TRANSMISSION OF RECORD. Whenever, in any court in this state, a defendant is convicted of a violation of title 23, Idaho Code, or of any law of this state relating to alcohol beverages including distilled spirits, beer or wine, or in any case in which it appears that the crime was committed while the defendant was under the influence of alcohol beverages, it shall be the duty of the court to include in its judgment the forfeiture of any license or permit issued to the defendant by thestate liquor dispensarydivision or the Idaho state police pursuant to title 23, Idaho Code, and the court shall forthwith transmit to the issuing authority a certified copy of its judgment. SECTION 51. That Section 23-610, Idaho Code, be, and the same is hereby amended to read as follows: 23-610. POSSESSION OF UNSTAMPED LIQUOR ILLEGAL — EXCEPTIONS. It shall be unlawful for any person to possess more than two (2) quarts of alcoholic liquor that does not have affixed thereto the official seal or label prescribed by the Idaho liquor dispensarydivision, except public carriers transporting alcoholic liquor for the Idaho liquordispensarydivision. SECTION 52. That Section 23-805, Idaho Code, be, and the same is hereby amended to read as follows: 23-805. DUTIES OF PROSECUTING ATTORNEYS, SHERIFFS, AND OTHER OFFICERS. It shall be the duty of the superintendentdirector of the stateliquor dispensarydivision and every prosecuting attorney, sheriff, police or other peace officer to cooperate with the Idaho state police in the enforcement of such laws, and any such officer refusing to so cooperate or divulge any information he may have in any such prosecution shall be subject to action against him as provided in chapter 41, title 19, Idaho Code. Any such action may be brought in the name of the state of Idaho by any resident of the county, or officer of the state or county. Upon the conviction of a person for a violation of the provisions of the Idaho liquor act, or of the provisions of chapter 9, title 23, Idaho Code, the judge of the court imposing the judgment of conviction shall immediately send to the director of the Idaho state police a statement setting forth the title of the court, the name and residence of the defendants, the nature of the offense and the fine and sentence or judgment imposed. SECTION 53. That Section 23-914, Idaho Code, be, and the same is hereby amended to read as follows: 23-914. LICENSEE MUST PURCHASE FROM DISPENSARYDIVISION — PRICE. All liquor sold by any licensee shall be purchased from the Idaho liquordispensarydivision through its regular retail stores and distributors at the posted price thereof. The state liquor dispensary division is hereby authorized and directed to make such sales for cash, check or money order to be paid at the time of purchase upon a special permit issued to such licensee in such form as shall be prescribed by thesuperintendentdirector of the state liquor dispensary division. The posted price as used herein shall mean the retail price of such liquor as fixed and determined by the state liquor dispensary division. It shall be unlawful for any licensee to sell, or keep for sale, or have on his premises for any purpose whatsoever, any liquor except that purchased as herein authorized and provided, and any licensee found in possession of, selling or keeping for sale any liquor not purchased as herein authorized shall be guilty of a felony and upon conviction thereof shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000), or by imprisonment in the state prison for not more than five (5) years, or by both such fine and imprisonment. Any license issued to such person shall be immediately and permanently revoked. The amount of liquor to be sold to licensees hereunder in any city or village shall be determined by the superintendentdirector or other executive officer of the Idaho liquor dispensarydivision, but such sales shall be regulated so as to maintain adequate stocks of merchandise for sale to persons other than said licensees. The provisions of this section notwithstanding, railroad companies shall have the right to have in their possession liquors other than those purchased from the Idaho liquor dispensarydivision. SECTION 54. That Section 23-1303, Idaho Code, be, and the same is hereby amended to read as follows: 23-1303. DEFINITIONS. (1) The following terms as used in this chapter are hereby defined as follows: (a) "Dessert wine" means only those beverages that are designated or labeled, pursuant to the federal alcohol administration act, as "sherry," "madeira" or "port," which contain more than sixteen percent (16%) alcohol by volume, but do not exceed twenty-one percent (21%) alcohol by volume. Dessert wine as defined herein shall not be deemed to be a spirit based beverage for the purposes of paragraph (g) of this subsection. (b) "Director" means the director of the Idaho state police. (c) "Distributor" means a person to whom a wine distributor's license has been issued. (d) "Domestic produced product" means wine at least seventy-five percent (75%) of which by volume is derived from fruit or agricultural products grown in Idaho. (e) "Importer" means a person to whom a wine importer's license has been issued. (f) "Live performance" means a performance occurring in a theater and not otherwise in violation of any provision of Idaho law. (g) "Low proof spirit beverages" means any alcoholic beverage containing not more than fourteen percent (14%) alcohol by volume obtained by distillation mixed with drinkable water, fruit juices and/or other ingredients in solution. These products shall be considered and taxed as wine. Spirit based beverages exceeding fourteen percent (14%) alcohol by volume shall be considered as liquor and sold only through thestate liquor dispensary division system. (h) "Person" includes an individual, firm, copartnership, association, corporation, or any group or combination acting as a unit, and includes the plural as well as the singular unless the intent to give a more limited meaning is disclosed by the context in which it is used. (i) "Retailer" means a person to whom a retail wine license has been issued. (j) "Retail wine license" means a license issued by the director, authorizing a person to sell table wine and/or dessert wine at retail for consumption off the licensed premises. (k) "Table wine" shall mean any alcoholic beverage containing not more than sixteen percent (16%) alcohol by volume obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar whether or not other ingredients are added. (l) "Theater" means a room, place or outside structure for performances or readings of dramatic literature, plays or dramatic representations of an art form not in violation of any provision of Idaho law. (m) "Vintner" means a person who manufactures, bottles, or sells table wine or dessert wine to importers for resale within this state other than a licensed "winery" as herein defined. (n) "Wine" includes table wine and dessert wine, unless the context requires otherwise. (o) "Wine by the drink license" means a license to sell table wine or dessert wine by the individual glass or opened bottle at retail, for consumption on the premises only. (p) "Wine distributor's license" means a license issued by the director to a person authorizing such person to distribute table wine or dessert wine to retailers within the state of Idaho. (q) "Wine importer's license" means a license issued by the director to a person authorizing such person to import table wine or dessert wine into the state of Idaho and to sell and distribute such wines to a distributor. (r) "Winery" means a place, premises or establishment within the state of Idaho for the manufacture or bottling of table wine or dessert wine for sale. Two (2) or more wineries may use the same premises and the same equipment to manufacture their respective wines, to the extent permitted by federal law. (s) "Winery license" means a license issued by the director authorizing a person to maintain a winery. (2) All other words and phrases used in this chapter, the definitions of which are not herein given, shall be given their ordinary and commonly understood and accepted meanings. SECTION 55. That Section 23-1305, Idaho Code, be, and the same is hereby amended to read as follows: 23-1305. RESTRICTIONS — AUTHORITY OF STATE LIQUOR DISPENSARYDIVISION PRESERVED. (a) Wine, as defined in this act, may be manufactured, imported into this state, possessed, distributed and sold in this state in the manner and under the conditions prescribed in this act and not otherwise. (b) Nothing contained in this act shall prohibit the state liquordispensarydivision from selling wine pursuant to the Idaho liquor act in any outlet of the state liquor dispensarydivision. SECTION 56. That Section 23-1311, Idaho Code, be, and the same is hereby amended to read as follows: 23-1311. SALES BY DISTRIBUTORS — RESTRICTIONS. No distributor may sell any wine produced, manufactured, imported, or bought by such distributor, for use within this state, except to the holder of a valid retail wine license or wine by the drink license, or valid wine distributor's license or to the state liquor dispensarydivision. Provided however, any distributor may sell any wine produced, manufactured, imported, or bought by such distributor, for use within this state, to a bona fide employee of such distributor. No distributor shall permit, for a consideration, wine to be consumed upon the premises of the distributor. SECTION 57. That Section 33-2105, Idaho Code, be, and the same is hereby amended to read as follows: 33-2105. ADDITION OF TERRITORY TO JUNIORCOMMUNITY COLLEGE DISTRICTS. Any territory not in an existing juniorcommunity college district may become a part of a juniorcommunity college district by a vote of the school district electors resident of said territory, voting at an election called and held as herein provided. A petition signed by not less than one hundred ( 100) school district electors of the territory proposed to be added to the juniorcommunity college district, or twenty per cent percent (20%) of the school district electors within the territory, whichever is the lesser, describing the boundaries of the territory, and a true copy thereof, shall be filed with the board of trustees of the junior community college district. The board shall forward the original of said petition, with its recommendations, to the state board of education, and a copy thereof to the board of county commissioners of the home county of juniorcommunity college district. The state board of education shall consider such petition, as it is required to consider a petition for the formation of a juniorcommunity college district. If it approve the petition, notice to that effect shall be given the board of trustees of the juniorcommunity college district and to the board of county commissioners of the home county of the juniorcommunity college district. When any such petition has been approved by the state board of education, an election shall be held in the manner of elections for the creation of a juniorcommunity college district, except that polling places shall be established only in the territory proposed to be added to the district. The question shall be deemed approved only if a majority of the votes cast in the territory were cast in favor of the proposal, and if this be the case, the territory shall be part of said juniorcommunity college district with all the force and effect as though said territory had been originally included in said juniorcommunity college district at the time of its original organization. Notices to and by boards of county commissioners and to the state board of education shall be as provided in section 33-2104, Idaho Code. The state board of education shall notify the state liquor dispensarydivision that such territory has become a part of the junior community college district. SECTION 58. That Section 57-1113, Idaho Code, be, and the same is hereby amended to read as follows: 57-1113. REFUND OF TAX. When it is determined that a taxpayer is entitled to a refund of beer tax, cigarette tax or the income tax filing fee, after such or any portion thereof has been credited to the permanent building fund, the tax collector hereby is empowered to authorize and direct refund of said tax, or portion thereof so credited, from said permanent building fund. When it is determined that a taxpayer is entitled to a refund of liquor funds after the same has been credited to the permanent building fund, the superintendentdirector of the Idaho state dispensary liquordivision hereby is empowered to authorize and direct refund of said tax, or portion thereof so credited, from said permanent building fund. SECTION 59. That Section 63-3622M, Idaho Code, be, and the same is hereby amended to read as follows: 63-3622M. LIQUOR SALES. There are exempted from the taxes imposed by this chapter sales of liquor by the state liquor dispensarydivision to a person licensed under the provisions of chapter 9, title 23, Idaho Code, for resale as liquor by-the-drink. SECTION 60. That Section 63-3638A, Idaho Code, be, and the same is hereby amended to read as follows: 63-3638A. SALES TAX ON LIQUOR TO BE PAID TO LIQUOR ACCOUNT. Notwithstanding the provisions of section 63-3638, Idaho Code, the sales tax collected on the retail sale of liquor and all other merchandise by or on behalf of the superintendentdirector of the state liquordispensarydivision shall be credited directly to the liquor account, and shall not be or become a part of the sales tax account. SECTION 61. That Section 67-802, Idaho Code, be, and the same is hereby amended to read as follows: 67-802. OFFICE OF GOVERNOR — DUTIES OF GOVERNOR. The office of the governor shall be composed of: the state liquor dispensary division, as provided by chapter 2, title 23, Idaho Code; the military division, as provided by title 46, Idaho Code; the division of financial management; and such other divisions and units as are established or assigned by law, or created through administrative action of the governor. The governor shall appoint an administrator for each division, with the advice and consent of the senate. Administrators shall serve at the pleasure of the governor, and shall be exempt from the provisions of chapter 53, title 67, Idaho Code. Other subordinate staff necessary to accomplish a division's mission shall be subject to the provisions of chapter 53, title 67, Idaho Code. The supreme executive power of the state is vested by section 5, article IV, of the constitution of the state of Idaho, in the governor, who is expressly charged with the duty of seeing that the laws are faithfully executed. In order that he may exercise a portion of the authority so vested, the governor is authorized and empowered to implement and exercise those powers and perform those duties by issuing executive orders from time to time which shall have the force and effect of law when issued in accordance with this section and within the limits imposed by the constitution and laws of this state. Such executive orders, when issued, shall be serially numbered for each calendar year and may be referred to and cited by such numerical designation and title. Each executive order issued hereunder shall be effective only after signature by the governor, attestation by and filing with the secretary of state, who shall keep a permanent register and file of such orders in the same manner as applies to acts of the legislature. In addition, each executive order required by chapter 52, title 67, Idaho Code, to be published in the administrative bulletin shall be filed with the administrative rules coordinator and published in the bulletin. Each such executive order issued by the governor must prescribe a date after which it shall cease to be effective, which shall be within four (4) calendar years of the effective date of such order, and if no date after which such order shall cease to be effective is contained in the order, then such order shall cease to be effective four (4) calendar years from the issuance thereof, unless renewed by subsequent executive order. The governor may modify or repeal any executive order by issuance of a new executive order. The procedures expressly set forth in this section shall be sufficient to make an executive order effective. In addition to those powers prescribed above, and those prescribed by the constitution, the governor has the powers, and may perform the duties prescribed in this section and the following sections: 1. To supervise the official conduct of all executive and ministerial officers. 2. To see that all offices are filled, and the duties thereof performed, or, in default thereof, apply such remedy as the law allows; and if the remedy is imperfect, acquaint the legislature therewith at its next session. 3. To make the appointments and supply the vacancies provided by law. 4. He is the sole official organ of communication between the government of this state and the government of any other state or territory, or of the United States. 5. Whenever any suit or legal proceeding is pending in this state, or which may affect the title of this state to any property, or which may result in any claim against the state, he may direct the attorney general to appear on behalf of the state. 6. He may require the attorney general or prosecuting attorney of any county to inquire into the affairs or management of any corporation existing under the laws of this state. 7. He may require the attorney general to aid any prosecuting attorney in the discharge of his duties. 8. He may offer rewards not exceeding one thousand dollars ($1,000) each, payable out of the state treasury, for the apprehension of any convict who has escaped from the state prison, or of any person who has committed, or is charged with the commission of, an offense punishable with death; and also offer like rewards, not exceeding five hundred dollars ($500) each, in cases of felony, where the offense is not punishable with death. 9. To perform such duties respecting fugitives from justice as are prescribed by the penal code. 10. To issue and transmit election proclamations as prescribed by law. 11. He may require any officer to make special reports to him in writing on demand. 12. He has such other powers and may perform such other duties as are devolved upon him by any law of this state. , Chapter 23 of 2009 (2020-04-03)

Chapter 30 of 2009 SENATE BILL NO. 1079 BY EDUCATION COMMITTEE AN ACT RELATING TO THE MOTORCYCLE TRAINING PROGRAM; AMENDING SECTION 33-4901, IDAHO CODE, TO REPLACE THE DEPARTMENT OF EDUCATION WITH THE DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-4902, IDAHO CODE, TO REPLACE THE DEPARTMENT OF EDUCATION WITH THE DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION AND TO REPLACE THE SUPERINTENDENT OF PUBLIC INSTRUCTION WITH THE ADMINISTRATOR OF THE DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-4903, IDAHO CODE, TO REPLACE THE DEPARTMENT OF EDUCATION WITH THE DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-4904, IDAHO CODE, TO REPLACE THE DEPARTMENT OF EDUCATION WITH THE DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-4905, IDAHO CODE, TO REPLACE THE SUPERINTENDENT OF PUBLIC INSTRUCTION WITH THE ADMINISTRATOR OF THE DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 33-4906, IDAHO CODE, TO REPLACE THE DEPARTMENT OF EDUCATION WITH THE DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 49-304, IDAHO CODE, TO REPLACE THE DEPARTMENT OF EDUCATION WITH THE DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION; AMENDING SECTION 49-313, IDAHO CODE, TO REPLACE THE DEPARTMENT OF EDUCATION WITH THE DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION; AND AMENDING SECTION 49-314, IDAHO CODE, TO REPLACE THE DEPARTMENT OF EDUCATION WITH THE DIVISION OF PROFESSIONAL-TECHNICAL EDUCATION AND TO MAKE A TECHNICAL CORRECTION. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 33-4901, Idaho Code, be, and the same is hereby amended to read as follows: 33-4901. COOPERATION BETWEEN DEPARTMENTS. In conjunction with its supervision of traffic on public highways, the Idaho transportation department is directed to cooperate with the department ofeducationdivision of professional-technical education in its establishment of a motorcycle rider safety program for the state of Idaho. SECTION 2. That Section 33-4902, Idaho Code, be, and the same is hereby amended to read as follows: 33-4902. MOTORCYCLE SAFETY PROGRAM. (1) The department of education division of professional-technical education shall develop standards for, establish and administer the Idaho motorcycle safety program. (2) The department of educationdivision ofprofessional-technical education shall establish standards for the motorcycle rider training course, including standards for course curriculum and student evaluation and testing, and shall meet or exceed established national standards for motorcycle rider training courses in effect as of September 1, 1994. (3) The program shall include activities to increase motorcyclists' alcohol and drug effects awareness, motorcycle rider improvement efforts, program promotion activities, and other efforts to enhance motorcycle safety through education, including enhancement of public awareness of motorcycles. (4) The superintendent of public instructionadministrator ofthe division of professional-technical education shall appoint a program coordinator to oversee and direct the program. (5) The department of educationdivision ofprofessional-technical education shall establish standards for the training and approval of motorcycle rider training instructors and skills examiners which shall meet or exceed established national standards for such instructors and skills examiners in effect as of September 1, 1994. SECTION 3. That Section 33-4903, Idaho Code, be, and the same is hereby amended to read as follows: 33-4903. IMPLEMENTING AUTHORITY. (1) The department of educationstate board for professional-technical education shall adopt rules which are necessary to carry out the motorcycle safety program. (2) The department of educationdivision ofprofessional-technical education may enter into contracts with public or private entities for course delivery and for the provision of services or materials necessary for administration and implementation of the program. (3) The department of educationdivision ofprofessional-technical education may offer motorcycle rider training courses directly and may approve courses offered by public or private entities as authorized program courses if they are administered and taught in full compliance with standards established for the state program. (4) The department of educationdivision ofprofessional-technical education may establish reasonable enrollment fees to be charged for persons who participate in a motorcycle rider training course. (5) The department of educationdivision ofprofessional-technical education may utilize available program funds to defray expenses in offering motorcycle rider training courses and may reimburse entities which offer approved courses for the expenses incurred in offering the courses in order to minimize any course enrollment fee charged to the students. SECTION 4. That Section 33-4904, Idaho Code, be, and the same is hereby amended to read as follows: 33-4904. MOTORCYCLE SAFETY PROGRAM FUND. (1) The motorcycle safety program fund is established in the state treasury and appropriated on a continual basis to the department of educationdivision ofprofessional-technical education which shall administer the moneys. Money in the fund shall only be used for administration and implementation of the program, including reimbursement of entities which offer approved motorcycle rider training courses. (2) At the end of each fiscal year, moneys remaining in the motorcycle safety program fund shall be retained in said fund and shall not revert to any other general fund. The interest and income earned on money in the fund, after deducting any applicable charges, shall be credited to and remain in the motorcycle safety program fund. (3) Revenue credited to the fund shall include one dollar ($1.00) of each fee for a class A, B, C or D driver's license as provided in section 49-306, Idaho Code. (4) Revenue credited to the fund shall include amounts collected for each motorcycle safety program fee imposed pursuant to section 49-453, Idaho Code. SECTION 5. That Section 33-4905, Idaho Code, be, and the same is hereby amended to read as follows: 33-4905. ADVISORY COMMITTEE. The superintendent of public instruction administrator of the division of professional-technical education shall establish a program advisory committee consisting of five (5) persons representing various interests in motorcycle safety including, but not limited to, motorcycle riding enthusiasts, dealers and law enforcement personnel. Committee members shall advise the program coordinator in developing, establishing and maintaining the program. The committee shall monitor program implementation and report to the superintendentadministrator as necessary with recommendations. Members of the committee shall serve without compensation but may be reimbursed for their reasonable expenses while engaged in committee business. SECTION 6. That Section 33-4906, Idaho Code, be, and the same is hereby amended to read as follows: 33-4906. ANNUAL REPORT ON THE PROGRAM. The department of educationdivision of professional-technical education shall prepare a public report annually. The report shall be completed with the assistance of the program coordinator and the program advisory committee. The report shall include the number and location of various courses offered, the number of instructors approved, the number of students trained in various courses, other information about program implementation as deemed appropriate, and an assessment of the overall impact of the program on motorcycle safety in the state. The report shall also provide a complete accounting of revenue receipts of the motorcycle safety program fund and of all moneys expended under the program. SECTION 7. That Section 49-304, Idaho Code, be, and the same is hereby amended to read as follows: 49-304. MOTORCYCLE ENDORSEMENT. The department shall issue a motorcycle "M" endorsement on a driver's license to applicants who complete the requirements to operate a motorcycle. (1) No person may operate a motorcycle upon a highway without a motorcycle "M" endorsement on a valid driver's license. (2) Any person who applies for a driver's license or renewal of a license may also apply for a motorcycle "M" endorsement. The requirements for obtaining a motorcycle "M" endorsement are: (a) The applicant shall be tested by written examination for his knowledge of safe motorcycle operating practices and traffic laws specific to the operation of motorcycles upon payment of the fee specified in section 49-306, Idaho Code. (b) Upon successful completion of the knowledge test and upon payment of the fee required for an "M" endorsement, the applicant shall obtain a motorcycle "M" endorsement on his driver's license. (3) No person under the age of twenty-one (21) years may apply for or obtain a motorcycle "M" endorsement on his driver's license unless he has successfully completed a motorcycle rider training course approved under the provisions of chapter 49, title 33, Idaho Code, in addition to satisfying the requirements specified in subsection (2) of this section. The provisions of this subsection shall not be effective unless and until the motorcycle rider training course is fully implemented by the department of educationdivision of professional-technical education. (4) Any person who applies for a motorcycle endorsement on a driver's license, in addition to the requirements specified in subsection (2) of this section, may also be required to pass the motorcycle "M" skills test before he can obtain the motorcycle "M" endorsement. (5) The operation of a motorcycle upon a highway by any person who has failed to obtain a motorcycle "M" endorsement as provided in this section shall constitute an infraction. SECTION 8. That Section 49-313, Idaho Code, be, and the same is hereby amended to read as follows: 49-313. EXAMINATION OF APPLICANTS. (1) The sheriff, his deputy or authorized agents of the department shall examine every applicant for an instruction permit, restricted school attendance driving permit, seasonal driver's license, or a driver's license or a motorcycle endorsement, except as otherwise provided by law. The examination shall include a test of the applicant's eyesight, his ability to read and understand highway signs regulating, warning, and directing traffic. A skills test shall be required for an applicant who has not been previously licensed for the class of license requested, or who holds a license issued by another country unless a reciprocal agreement is in force. However, a skills test may be required for any and all other applicants at the discretion of the examiner or department for a class A, B, C or D driver's license or a motorcycle endorsement. In addition, the applicant's knowledge of traffic laws of this state and when a motorcycle endorsement is applied for, the applicant's knowledge of safe motorcycle operating practices and traffic laws specifically relating to motorcycle operation shall be tested by a written examination, except as provided in section 49-319, Idaho Code. At the discretion of the examiner, the prescribed written examination may be conducted orally. (2) The knowledge and skills examinations for applicants for driver's licenses in class A, B or C shall be conducted in compliance with49 CFR part 383. (3) The skills test for a class A, B, C or D driver's license or for any endorsement shall be given by the department or its authorized agents. The skills examiner for a motorcycle endorsement shall be certified by thedepartment of educationdivision of professional-technical education. (4) The department shall not issue the following endorsements except as provided: (a) A tank, double/triple trailer, or hazardous material endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge test. (b) A passenger endorsement unless the applicant, in addition to all other applicable qualifications, has passed an appropriate knowledge and skills test. (c) A school bus endorsement unless the applicant, in addition to all other applicable qualifications, has passed appropriate knowledge and skills tests. Until September 30, 2005, the department may waive the school bus endorsement skills test requirement if the applicant meets the conditions set forth in accordance with 49 CFR part 383.123. (5) Any person failing to pass a knowledge or skills test for a class A, B, C or D driver's license, or a knowledge test for a seasonal driver's license, or any endorsement may not retake the test within three (3) business days of the failure. (6) Any person retaking a knowledge or skills test for a driver's license shall pay the appropriate testing fee as specified in section 49-306, Idaho Code. (7) The motorcycle skills test for a motorcycle endorsement shall be waived by the department: (a) On and after September 1, 1998, if the applicant presents satisfactory evidence of successful completion of a recognized motorcycle rider training course approved by the department of educationdivision ofprofessional-technical education; (b) On and after September 1, 1998, if the applicant presents evidence of a motorcycle endorsement on his current license by a state or province which requires a motorcycle skills test equivalent to that required by Idaho law as determined by the department of educationdivision ofprofessional-technical education; (c) Until September 1, 1998. (8) At the discretion of the department, an alternate skills test for the motorcycle endorsement may be administered when the endorsement is for operation of a three-wheeled motorcycle only. (9) The department or its authorized agents may refuse to give an applicant a skills test if there are reasonable grounds to believe that the safety of the applicant, public, or the examiner would be jeopardized by doing so. Reasonable grounds would include, but not be limited to, the applicant's inability to pass the eye test, written tests, or a statement by a licensed physician stating the applicant is not physically able to drive a motor vehicle. (10) The department or its authorized agents may deny issuance or renewal of a driver's license or endorsement to any applicant who does not meet the licensing requirements for the class of driver's license or endorsement being renewed or issued. (11) Skills examinations for seasonal driver's licenses shall be waived. SECTION 9. That Section 49-314, Idaho Code, be, and the same is hereby amended to read as follows: 49-314. LOCAL EXAMINERS APPOINTED BY DEPARTMENT. (1) The department shall appoint the sheriff in each county and may appoint any deputy sheriff, chief of police, or other officials or private citizens whom the department deems qualified as examiners, who shall be agents of the department and shall perform duties prescribed in this title. (2) The department shall appoint at least one (1) employee in the department who shall be skilled and highly qualified in the method of giving driver's license examinations, who shall have authority, and it shall be this person's duty to instruct the examiners appointed by the department in the method of giving driver's license examinations and acquaint them with the use of equipment and forms needed in examining applicants for licensure. (3) Agents of the department appointed to administer skill tests for class A, B or C driver's licenses must be certified according to 49 CFR part 383. (4) Agents of the department appointed to administer the skills test for a motorcycle endorsement shall be certified by the department of educationdivision of professional-technical education. (5) Agents of the department to administer skills tests for class D driver' s license shall be certified by the department. , Chapter 30 of 2009 (2020-04-03)

Chapter 26 of 2009 SENATE BILL NO. 1012 BY EDUCATION COMMITTEE AN ACT RELATING TO THE STATE BOARD OF EDUCATION AND PROPRIETARY SCHOOLS; AMENDING THE HEADING FOR CHAPTER 24, TITLE 33, IDAHO CODE, TO INCLUDE POSTSECONDARY SCHOOLS; AMENDING SECTION 33-2401, IDAHO CODE, TO REVISE DEFINITIONS; AMENDING SECTION 33-2402, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO REVISE PROVISIONS RELATING TO CERTAIN ANNUAL REGISTRATION FEES; AMENDING SECTION 33-2403, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO REVISE PROVISIONS RELATING TO EXEMPTIONS AND TO REVISE PROVISIONS RELATING TO CERTAIN ANNUAL REGISTRATION FEES; AMENDING SECTION 33-2404, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY, TO REVISE PROVISIONS RELATING TO ISSUANCE OF CERTAIN CERTIFICATES, TO REVISE PROVISIONS RELATING TO REISSUE OF CERTAIN CERTIFICATES, TO PROVIDE FOR INFORMATION ON CERTIFICATES OF IDENTIFICATION, TO PROVIDE FOR CRIMINAL HISTORY CHECKS PRIOR TO ISSUANCE OF CERTIFICATES OF IDENTIFICATION, TO REVISE PROVISIONS RELATING TO VALIDITY OF CERTIFICATES OF IDENTIFICATION, TO PROVIDE THAT CERTAIN AGENTS CARRY CERTIFICATES OF CERTIFICATION FOR IDENTIFICATION PURPOSES IN CERTAIN CIRCUMSTANCES, TO PROVIDE THAT PROPRIETARY SCHOOLS MAINTAIN CERTAIN RECORDS, TO PROVIDE THAT PROPRIETARY SCHOOLS PROVIDE CERTAIN CRIMINAL HISTORY CHECK INFORMATION FOR CERTAIN AGENTS AS PART OF THE ANNUAL REGISTRATION PROCESS AND TO MAKE CODIFIER'S CORRECTIONS; AMENDING SECTION 33-2405, IDAHO CODE, TO REVISE TERMS OF A PURCHASE STATEMENT; AMENDING SECTION 33-2406, IDAHO CODE, TO PROVIDE THAT PROPRIETARY SCHOOLS OBTAIN A SURETY BOND AS A CONDITION OF REGISTRATION, TO REVISE PROVISIONS RELATING TO THE INDEMNIFICATION OF CERTAIN STUDENTS, TO REVISE TERMS OF SUCH BOND AND TO REVISE PROVISIONS RELATING TO A DEMAND UPON THE SURETY SUBMITTED BY THE BOARD OR ITS DESIGNEE; REPEALING SECTION 33-2407, IDAHO CODE, RELATING TO THE STUDENT TUITION RECOVERY ACCOUNT; AND REPEALING SECTION 33-2408, IDAHO CODE, RELATING TO ASSESSMENT OF THE STUDENT TUITION RECOVERY ACCOUNT. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That the Heading for Chapter 24, Title 33, Idaho Code, be, and the same is hereby amended to read as follows: CHAPTER 24 POSTSECONDARY AND PROPRIETARY SCHOOLS SECTION 2. That Section 33-2401, Idaho Code, be, and the same is hereby amended to read as follows: 33-2401. DEFINITIONS. For the purposes of chapter 24, title 33, Idaho Code, the following words have the following meanings: (1) "Accredited" means that a postsecondary educational institution has been recognized or approved as meeting the standards established by an accrediting agency recognized by the board. (2) "Agent" means any individual within the state of Idaho who solicits students for or on behalf of a proprietary school. (3) "Agent's permit" means a nontransferable written document issuedto an agent by the boardcertificate of identification" means anontransferable written document issued to an agent by the proprietary schoolthat the agent represents. (4) "Board" means the state board of education. (5) "Course" means instruction imparted in a series of lessons or class meetings to meet an educational objective. (6) "Course or courses of study" means either a single course or a set of related courses for which a student enrolls, either for academic credit or otherwise. (7) "Degree" means any written or any academic, vocational,professional-technical or honorary title or designation, mark, appellation,series of letters, numbers or words such as, but not limited to, "bachelor's,""master's," "doctorate," or "fellow," which signifies, purports, or isgenerally taken to signify satisfactory completion of the requirements of anacademic, vocational, professional-technical, educational or professionalprogram of study beyond the secondary school level or for a recognizedtitle conferred for meritorious recognition and an associate of arts or associate ofscience degree awarded by a community college or other public or privatepostsecondary educational institution or other entity which may be used forany purpose whatsoevertitle which contains, in any language, the word"associate," "bachelor," "baccalaureate," "master" or "doctor," or anyabbreviation thereof, and which indicates or represents, or which is intendedto indicate or represent, that the person named thereon, in the case of anywriting, or the person it is awarded thereto, in the case of any academictitle, is learned in or has satisfactorily completed a prescribed course ofstudy in a particular field or that the person has demonstrated proficiency inany field of endeavor as a result of formal preparation or training. (8) "Postsecondary educational institution" means an individual, or educational, business or other entity, whether legally constituted or otherwise, which maintains a presence within, or which operates or purports to operate, from a location within the state of Idaho, and which provides acourse or courses or programsof study that lead to a degree, or which provides, offers or sells degrees. (9) "Proprietary school" means an individual, or educational, business or other entity, whether legally constituted or otherwise, which maintains a presence within, or which operates or purports to operate, from a location within the state of Idaho and which conducts, provides, offers or sells a course or courses of study, but which does not provide, offer or sell degrees. SECTION 3. That Section 33-2402, Idaho Code, be, and the same is hereby amended to read as follows: 33-2402. REGISTRATION OF POSTSECONDARY EDUCATIONAL INSTITUTIONS. (1) Unless exempted as provided herein, each postsecondary educational institution which maintains a presence within the state of Idaho, or which operates or purports to operate from a location within the state of Idaho, shall register annually with and hold a valid certificate of registration issued by the board. A public postsecondary educational institution or agency supported primarily by taxation from either the state of Idaho or a local source in Idaho shall not be required to register under this section. The board may exempt a nonprofit postsecondary educational institution from the registration requirement in accordance with standards and criteria established in rule by the board. The board may permit a postsecondary educational institution required to register under this section to instead register as a proprietary school under section 33-2403, Idaho Code, in accordance with standards and criteria established in rule by the board. (2) The board shall prescribe by rule the procedure for registration, which shall include, but is not limited to, a description of each degree, course or programcourses of study, for academic credit or otherwise, that a postsecondary educational institution intends to conduct, provide, offer or sell. Such rule shall also prescribe the standards and criteria to be utilized by the board for recognition of accreditation organizations. (3) The board may deny the registration of a postsecondary educational institution that does not meet accreditation requirements or other standards and criteria established in rule by the board. The administrative procedure act, chapter 52, title 67, Idaho Code, shall apply to any denial of registration under this section. (4) The board shall assess an annual registration fee on each postsecondary educational institution required to be registered under this section based on the respective degrees, courses or programs that eachsuch postsecondary educational institution intends to conduct, provide, offeror sell, not to exceed one hundred dollars ($100) for each degree, course orprogramas established in rule by the board. Such annual registration fee shall not exceed five thousand dollars ($5,000) and shall be collected by the board and shall be dedicated for use by the board in connection with its responsibilities under this chapter. SECTION 4. That Section 33-2403, Idaho Code, be, and the same is hereby amended to read as follows: 33-2403. REGISTRATION OF PROPRIETARY SCHOOLS. (1) Unless exempted as provided in subsection (4) of this section, each proprietary school which maintains a presence within the state of Idaho, or which operates or purports to operate from a location within the state of Idaho, shall register annually with and hold a valid certificate of registration issued by the board or its designee. (2) The board shall prescribe by rule the procedure for registration, which shall include, but is not limited to, a description of each course orprogramcourses of study, for academic credit or otherwise, that a proprietary school intends to conduct, provide, offer or sell. (3) The board may deny the registration of a proprietary school that does not meet the standards or criteria established in rule by the board. The administrative procedure act, chapter 52, title 67, Idaho Code, shall apply to any denial of registration under this section. (4) The following individuals or entities are specifically exempt from the registration provisions required by this section: (a) An individual or entity that offers instruction or training solely avocational or recreational in nature, as determined by the board. (b) An individual or entity that offers courses recognized by the board which comply in whole or in part with the compulsory education law. (c) An individual or entity that offers a course or courses of study sponsored by an employer for the training and preparation of its own employees, and for which no tuition fee is charged to the student. (d) An individual or entity which is otherwise regulated, licensed or registered with another state agency pursuant to title 54, Idaho Code. (e) Aviation school or instructors approved by and under thesupervision of the federal aviation administration. (f) An individual or entity that offers intensive review courses designed to prepare students for certified public accountancy tests, public accountancy tests, law school aptitude tests, bar examinations or medical college admissions tests, or similar instruction for test preparation. (gf) An individual or entity offering only workshops or seminars lasting no longer than three (3) calendar days. (hg) A parochial or denominational institution providing instruction or training relating solely to religion and for which degrees are not granted. (ih) An individual or entity that offers postsecondary credit through a consortium of public and private colleges and universities under the auspices of the western governors. (5) The board shall assess an annual registration fee on each proprietary school required to be registered under this section as established in ruleby the board. Such annual registration fee shall be composed of afixed portion in an amount not to exceed one hundred dollars ($100) for eachproprietary school, and a variable portion based on the respective course orcourses of study that each such proprietary school intends to conduct,provide, offer or sell, not to exceed one hundred dollars ($100) for eachcourse or courses of study. Such annual registration fee shall notexceed five thousand dollars ($5,000) and shall be collected by the boardor its designee, and shall be dedicated for use by the board in connection with its responsibilities under this chapter. SECTION 5. That Section 33-2404, Idaho Code, be, and the same is hereby amended to read as follows: 33-2404. AGENT'S PERMIT. (1) No individual may act as an agent of a proprietary school required to be registered under the provisions of this chapter unless that individual holds a valid agent's permitcertificate of identification issued by the board and maintains at alltimes a surety bond as described in section 33-2406, Idaho Codeproprietary school that the agent represents. The application for an agent's permit shall be furnished by the boardand shall include the following: (1) A statement signed by the applicant that he or she has read theprovisions of this chapter and the rules promulgated pursuant thereto. (2) An annual fee for each permit not to exceed fifty dollars($50.00). The board shall set by rule the amount of such annual agent's permitfee. All agent's permits shall be renewed annually upon reapplication andproper qualificationsEach agent's certificate of identification shallbe reissued annually by the proprietary school that the agent represents on the first day of July. If courses are solicited or sold by more than one (1) agent, a separate permitcertificate of identification is required for each agent. (3) The agent's permitcertificate of identification shall consist of a pocket card and shall bear: (a) Tt he name and address of the agent,; (b) Tt he name and address of the proprietary school, andthat the agent represents; (c) Aa statement that the bearer is an authorized agent of the proprietary school, and may solicit and sell coursesstudents for the proprietary school. (4) The agent shall surrender the agent's permitcertificate of identification to the proprietary school upon termination of employment or agency relationship. (5) An agent representing more than one (1) proprietary school shall obtain a separate agent's permitcertificate ofidentification for each proprietary school represented. (6)No individual shall be issued an agent's permitFor every agent who will have unsupervised contact with minors, prior toissuing the agent a certificate of identification the proprietary school shallcomplete a criminal history check on the agent for particular criminaloffenses, and in accordance with other guidelines, established in rule by theboard. No agent shall be issued an agent's certificate of identification if he or she is found to have been convicted of any of the offensesidentified in board rule, or if he or she has been previously found in any judicial or administrative proceeding to have violated this chapter. (7) An agent's permitcertificate of identification shall be valid for the state's fiscal year in which it is issued, unless sooner revoked or suspended by the board for fraud or misrepresentation inconnection with the solicitation for the sale of any course of study, for anyviolation of the provisions of this chapter or rules promulgated pursuant tothis chapter, or for the existence of any condition in respect to the agent orthe proprietary school he or she represents, which if in existence at the timethe agent's permit was issued, would have been grounds for denial for theagent's permit. (8) The agent shall carry the agent's permitcertificate of identification with him or her for identification purposes when engaged in the solicitation for the sale and the selling of coursesof studyof students away from the premises of the proprietary school, and shall produce the agent's permitcertificateof identification for inspection upon request. The administrative procedure act, chapter 52, title 67, Idaho Code,shall apply to any denial of an agent's permit or proceeding to revoke orsuspend an agent's permit of the board conducted pursuant to this section. (9) The issuance of an agent's permitcertificate ofidentification pursuant to this section shall not be interpreted as, and it shall be unlawful for any individual holding any agent's permitcertificate of identification to expressly or impliedly represent by any means whateverwhatsoever, that the board has made any evaluation, recognition, accreditation or endorsement of any proprietary school or of any course of study being offered for sale by the agent of any such proprietary school. Any oral or written statement, advertisement or solicitation by any proprietary school or agent which refers to the board shall state: "(Name of school) is registered with the State Board of Education in accordance with Section 33-2403, Idaho Code." (10) It shall be unlawful for any agent holding an agent'spermitcertificate of identification under the provisions of this section to expressly or impliedly represent, by any means whatsoever, that the issuance of the agent's permitcertificate of identification constitutes an assurance by the board that any course of study being offeredfor sale by the agent or proprietary school will provide and require of the student a course of education or training necessary to reach a professional, education al, or vocational objective, or will result in employment or personal earning for the student, or that the board has made any evaluation, recognition, accreditation, or endorsement of any course of study being offered for sale by the agent or proprietary school. (11) No agent shall make any untrue or misleading statement or engage in sales, collection, credit, or other practices of any type that are illegal, false, deceptive, misleading or unfair. (12) The boardproprietary school shall maintain records for five (5) years of each application for an agent's permit, eachbondcertificate of identification, and each issuance, denial, termination, suspension and revocation of an agent's permitcertificate of identification. (13) The proprietary school shall provide as part of the annualregistration process the names and results of the criminal history check foreach agent to whom it has issued a certificate of identification. The criminalhistory check will be valid for five (5) years. (14) The board or a student may bring an action pursuant to the Idaho rules of civil procedure for an agent's violation of the provisions of this chapter or any rule promulgated pursuant to this chapter, or any fraud or misrepresentation. The court shall determine which party is the "prevailing party" and the prevailing party shall be entitled to the recovery of damages, reasonable attorney's fees and costs both at trial and on appeal. (15)Additionally, aA ny agent who violates the provisions of this section is also guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six (6) months, or by a fine not exceeding five thousand dollars ($5,000), or both. SECTION 6. That Section 33-2405, Idaho Code, be, and the same is hereby amended to read as follows: 33-2405. PURCHASE STATEMENT. At the time of depositing any moneys to purchase the product of any proprietary school, the proprietary school shall require the student to execute the following statement on an appropriate form which shall be maintained on record by the proprietary school in the individual student's file: "I understand that (Name of proprietary school) is registered with the State Board of Education in accordance with Section 33-2403, Idaho Code. I also understand that the State Board of Education has not accredited or endorsed any course of study being offered by (Name of proprietary school), and that these courses willmay not be accepted for transfer into any Idaho public postsecondary institution." SECTION 7. That Section 33-2406, Idaho Code, be, and the same is hereby amended to read as follows: 33-2406. SURETY BOND. A s a condition of registration, a proprietaryschool shall obtain a surety bond issued by an insurer duly authorized to do business in this state in favor of the state of Idaho for the indemnification of any student for any loss suffered as a result of theoccurrence, during the period of coverage, of any fraud or misrepresentationused in connection with the solicitation for the sale or the sale of anycourse of studya failure by such proprietary school to satisfy itsobligations pursuant to the terms and conditions of any contract for tuitionor other instructional fees entered into between the propriety school and astudent, or as a result of any violation of this chapter or the rules promulgated pursuant to this chapter shall be required of an agent. The term of the bond shall extend over the period of the permit. The bondshall be supplied by the proprietary schoolregistration, and shall bein such amount as is established in rule by the board. The bond shall provide for liability in the penal sum of one hundredthousand dollars ($100,000) for a proprietary school with one hundred (100) ormore students; fifty thousand dollars ($50,000) for a proprietary school withfifty (50) to ninety-nine (99) students; twenty-five thousand dollars($25,000) for a proprietary school with less than fifty (50) students.Notwithstanding the above, for a proprietary school that submits evidenceacceptable to the board that the total unearned tuition of the proprietaryschool will not exceed ten thousand dollars ($10,000) at any given time duringthe period of registration, a bond in the penal sum of ten thousand dollars($10,000) may be provided, regardless of the number of students. The board or its designee may submit a demand upon the surety on the bond on behalf of a student or students when it is reasonably believed that a loss has occurred due to fraud or misrepresentation used inconnection with the solicitation for the sale or the sale of any course ofstudya failure by such proprietary school to satisfy its obligationspursuant to the terms and conditions of any contract for tuition or otherinstructional fees entered into between the proprietary school and a student, or as a result of any violation of the provisions of this chapter or the rules promulgated pursuant to this chapter. Neither the principal nor surety on the bond may terminate the coverage of the bond, except upon giving one hundred twenty (120) days' prior written notice to the board, and contemporaneously surrendering all agents'permits. Each proprietary school shall certify, at the time of registration,the number of students presently enrolled at the proprietary school and shallmake available, upon request of the board, proof of enrollment numbers. SECTION 8. That Sections 33-2407 and 33-2408, Idaho Code, be, and the same are hereby repealed. , Chapter 26 of 2009 (2020-04-03)

Chapter 21 of 2009 HOUSE BILL NO. 9 BY REVENUE AND TAXATION COMMITTEE AN ACT RELATING TO MOTOR FUELS TAX AND TRANSFER FEE ON BIODIESEL; AMENDING SECTION 41-4903, IDAHO CODE, TO REVISE THE DEFINITION OF LICENSED DISTRIBUTOR; AMENDING SECTION 63-2421, IDAHO CODE, TO CLARIFY THAT A PERSON ACTING AS A DISTRIBUTOR WHO ONLY PRODUCES FIVE THOUSAND GALLONS OR LESS OF BIODIESEL IN A CALENDAR YEAR IS SUBJECT TO THE MOTOR FUEL USE TAX ON CONSUMERS; AND AMENDING SECTION 63-2427A, IDAHO CODE, TO EXCLUDE FROM THE REQUIREMENT TO OBTAIN A MOTOR FUEL DISTRIBUTOR'S LICENSE A PERSON ACTING AS A DISTRIBUTOR WHO ONLY PRODUCES FIVE THOUSAND GALLONS OR LESS OF BIODIESEL IN A CALENDAR YEAR. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Section 41-4903, Idaho Code, be, and the same is hereby amended to read as follows: 41-4903. DEFINITIONS. For the purposes of this chapter: (1) "Aboveground storage tank" means any one (1) or a combination of tanks, including pipes connected thereto, that is used to contain an accumulation of petroleum or petroleum products, and the volume of which, including the volume of pipes connected thereto, is less than ten percent (10%) beneath the surface of the ground. This term does not include a heating tank, farm tank or residential tank or any tank with a capacity of one hundred ten (110) gallons or less. (2) "Accidental release" means any sudden or nonsudden release of petroleum from a storage tank that results in a need for corrective action or compensation for bodily injury or property damage neither expected nor intended by the tank owner or operator. (3) "Administrator" means the state insurance fund or any person employed by the board of trustees to replace the state insurance fund, employed by the board to administer the Idaho petroleum clean water trust fund. (4) "Application fee" means the amount paid or payable by an owner or operator applying for a contract of insurance with the trust fund to offset the costs of issuing contracts of insurance and other costs of administering this fund. (5) "Board" means the board of trustees appointed by the governor. (6) "Bodily injury" means any bodily injury, sickness, disease or death sustained by any person and caused by an occurrence defined in subsection (19) of this section. (7) "Contamination" means the presence of petroleum or petroleum products in surface or subsurface soil, surface water, or ground water. (8) "Commission" means the state tax commission of the state of Idaho. (9) "Corrective action" means those actions as are reasonably necessary to satisfy applicable federal and state standards in the event of a release into the environment from a petroleum storage tank. Corrective action includes initial corrective action response or actions consistent with a remedial action to clean up contaminated soil and ground water or address residual effects after initial corrective action is taken, as well as actions necessary to monitor, assess and evaluate a release. Corrective action also includes the cost of removing a tank which is releasing or has been releasing petroleum products and the release cannot be corrected without removing the tank; but corrective action does not include the cost of replacing this tank with another tank. (10) "Department" means the department of insurance of the state of Idaho. (11) "Director" means the director of the department of insurance. (12) "Farm tank" means any tank with a capacity of more than one hundred ten (110) gallons but less than one thousand one hundred (1,100) gallons situated above ground or underground which is used for storing motor fuel for noncommercial purposes and which is located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank must be located on the farm property. "Farm" includes fish hatcheries, rangeland and nurseries with growing operations. (13) "Free product" means petroleum or petroleum products in the nonaqueous phase, (e.g., liquid not dissolved in water). (14) "Fund" or "trust fund" means the Idaho petroleum clean water trust fund. (15) "Heating tank" means any tank with a capacity of more than one hundred ten (110) gallons situated above ground or underground which is used for storing heating oil for consumptive use on the premises where stored. (16) "Legal defense costs" means any expense that an owner or operator or the trust fund incurs in defending against claims or actions brought by the federal environmental protection agency or a state agency to require corrective action or to recover the costs of corrective action or by or on behalf of a third party for bodily injury or property damage caused by a release. (17) "Licensed distributor" means any distributor who has obtained a license under the provisions of section 63-2427A, Idaho Code. If a person subject to the fee imposed by section 41-4909(7), Idaho Code, is not required to obtain a distributor's license under the provisions of chapter 24,title 63, Idaho Codeparagraph (a) or (b) of subsection (1) ofsection 63-2427A, Idaho Code, such person shall apply to the commission for a limited license for the purpose of complying with the requirements of this chapter. Such a limited license shall not be valid for any other purpose. No bond shall be required for a limited license. A holder of a limited license is a "licensed distributor" for the purposes of filing reports, paying fees and other actions necessary to the proper administration and enforcement of this chapter. (18) "Noncommercial purposes" means not for resale, with respect to motor fuels. (19) "Occurrence" means an accident, including continuous or repeated exposure to conditions, which resulted in a release into the environment of petroleum products from a petroleum storage tank. (20) "Operator" means any person in control, or having responsibility for, the daily operations of a petroleum storage tank. (21) "Owner" means the owner of a petroleum storage tank, except that "owner" does not include any person who, without participation in the management of a petroleum storage tank, holds indicia of ownership primarily to protect the owner's security interest in the tank. (22) "Person" means any corporation, association, partnership, one (1) or more individuals, or any governmental unit, or agency thereof, other than federal or state agencies. (23) "Petroleum" and/or "petroleum products" mean crude oil, or any fraction thereof, which is liquid at standard conditions of temperature and pressure (i.e., at sixty (60) degrees fahrenheit and fourteen and seventenths (14.7) pounds per square inch absolute). The term includes motor gasoline, gasohol, other alcohol blended fuels, diesel fuel, heating oil and aviation fuel. Biodiesel and biodiesel blends as those terms are defined in section 63-2401, Idaho Code, are also petroleum or petroleum products. (24) "Property damage" means injury or destruction to tangible property caused by an occurrence. (25) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a petroleum storage tank into ground water, surface water, or surface or subsurface soils. (26) "Residential tank" means any tank with a capacity of more than one hundred ten (110) gallons but less than one thousand one hundred (1,100) gallons situated above ground or underground which is used for storing motor fuel for noncommercial purposes and which is located on property used primarily for dwelling purposes. (27) "Site" means a single parcel of property where petroleum or petroleum products are stored in a petroleum storage tank and includes all contiguous land, structures, other appurtenances, surface water, ground water, surface and subsurface soil, and subsurface strata within and beneath the property boundary. (28) "State" means the state of Idaho or any office, department, agency, authority, commission, board, institution, hospital, college, university or other instrumentality thereof. (29) "Tank" means a stationary device designed to contain an accumulation of petroleum or petroleum products and constructed of Nonearthen materials (e.g., concrete, steel, plastic) that provide structural support. (30) "Trustees" means the trustees of the Idaho petroleum clean water trust fund, who are appointed by the governor pursuant to this chapter. (31) "Underground storage tank" means any one (1) or combination of tanks, including underground pipes connected thereto, that is used to contain an accumulation of petroleum or petroleum products, and the volume of which, including the volume of underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground. This term does not include any: (a) Farm or residential tank of one thousand one hundred (1,100) gallons or less capacity used for storing motor fuel for noncommercial purposes; (b) Tank used solely for storing heating oil for consumptive use on the premises where stored; (c) Septic tank; (d) Pipeline facility including gathering lines regulated under: (i) The natural gas pipeline safety act of 1968 (49 U.S.C. app. 1671, et seq.); or (ii) The hazardous liquid pipeline safety act of 1979 (49 U.S.C. app. 2001, et seq.); or (iii) State laws comparable to the provisions of the law referred to in paragraph (d)(i) or (d)(ii) of this subsection as an intrastate pipeline facility; (e) Surface impoundment, pit, pond or lagoon; (f) Storm water or wastewater collection system; (g) Flow-through process tank; (h) Liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; (i) Storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor; (j) Tanks with a capacity of one hundred ten (110) gallons or less. The term "underground storage tank" does not include any pipes connected to any tank which is described in paragraphs (a) through (i) of this definition. (32) "Underground storage tank regulations" means regulations for petroleum storage tanks promulgated by the United States environmental protection agency (EPA) pursuant to subtitle I of the solid waste disposal act, as amended by the resource conservation and recovery act, regulations promulgated by the state of Idaho as part of a state program for underground storage tank regulation under subtitle I, or other regulations affecting underground storage tank operations and management, including the international fire code adopted by the state of Idaho. SECTION 2. That Section 63-2421, Idaho Code, be, and the same is hereby amended to read as follows: 63-2421. USE TAX — RETURNS AND PAYMENT OF USE TAX BY CONSUMERS. (1) For the privilege of using the highways of this state, any person, includinga person described in paragraph (c) of subsection (1) of section 63-2427A,Idaho Code, who consumes motor fuels in a motor vehicle licensed or required to be licensed by the laws of this state, or which is required to be licensed under the laws of another jurisdiction and is operated on the highways of this state upon which the tax imposed by section 63-2402, Idaho Code, has not been paid or is subject to credit or refund under IFTA and which fuel is not exempted from tax by this chapter, shall be liable for the tax. (2) Except for motor vehicles licensed under IFTA or operating with a temporary permit under section 49-432, Idaho Code, a person liable under subsection (1) of this section shall report the amount of tax liability and pay the taxes due in conjunction with his income or franchise tax return due under the provisions of chapter 30, title 63, Idaho Code, in the manner and form prescribed by the commission. Payment of motor fuels taxes shall be made in conjunction with any other taxes due on that return and motor fuels taxes due may be offset against refunds of any other taxes shown on the return to be due the taxpayer. (3) In the case of a person liable under subsection (1) of this section other than one who consumes motor fuels in a motor vehicle described in the exception in subsection (2) of this section and not required to file a return under chapter 30, title 63, Idaho Code, the tax shall be paid annually, on a calendar year basis, in the manner and form required by the commission. The return and payment for each calendar year shall be due on or before April 15 of the immediately succeeding calendar year. (4) In the case of a person liable under subsection (1) of this section whose motor vehicles are licensed or required to be licensed under IFTA as provided in sections 63-2438 and 63-2439, Idaho Code, or operating with a temporary permit under section 49-432, Idaho Code, the tax shall be paid in the manner required by those provisions. SECTION 3. That Section 63-2427A, Idaho Code, be, and the same is hereby amended to read as follows: 63-2427A. DISTRIBUTOR'S LICENSE. (1) It is unlawful for a person to act as a distributor without a license unless the person:only purchasesfuel which is either or both: (a) Only purchases mM otor fuel on which any tax due under this chapter has previously been imposed upon a licensed distributor; or (b) Only purchases dD yed fuel upon which the transfer fee imposed in section 414909, Idaho Code, has been imposed upon a licensed distributor; or (c) Only produces five thousand (5,000) gallons or less of biodieselin a calendar year for that person's personal consumption. (2) Application for a license shall be made upon forms furnished and in a manner prescribed by the commission and shall contain information as it deems necessary, and be accompanied by a bond in the amount required in section 63-2428, Idaho Code. (3) Upon receipt of the application and bond in proper form the commission shall issue the applicant a license to act as a distributor unless the applicant: (a) Is a person who formerly held a license under the provisions of this chapter, any predecessor statute, under the laws of any other jurisdiction, or under the laws of the United States which license, prior to the time of filing this application, had been revoked for cause within five (5) years from the date of such application; or (b) Is a person who has outstanding fuel tax liabilities to this state, any other jurisdiction or the United States government; or (c) Is a person who has been convicted, under the laws of the United States or any state or jurisdiction or subdivision thereof, of fraud, tax evasion, or a violation of the laws governing the reporting and payment of fees or taxes for petroleum products within five (5) years from the date of making such application; or (d) Is a person who has been convicted of a felony or been granted a withheld judgment following an adjudication of guilt of a felony within five (5) years from the date of such application; or (e) Who is not the real party in interest and the real party in interest is a person described in subsection (3)(a), (3)(b), (3)(c) or (3)(d) of this section. (4) The commission shall not issue a distributor's license to any person until that person has submitted to the commission a consent to be sued in Idaho district court for purposes of the state enforcing any provision of this chapter. The consent shall be submitted in such form and include such information as the commission may by rule require. (5) Upon approval of the application the distributor's license shall be valid until it is suspended or revoked for cause, for failure to maintain the bond required in section 63-2428, Idaho Code, for failure to file returns required in this chapter, for failure to pay all taxes and fees due with a return required in this chapter, or is otherwise canceled. (6) No distributor's license shall be transferable. (7) The commission shall furnish each licensed distributor with a list of all distributors licensed pursuant to this section. The list shall be supplemented by the commission from time to time to reflect additions and deletions. , Chapter 21 of 2009 (2020-04-03)