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

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1234 BY EDUCATION COMMITTEE AN ACT1 RELATING TO EDUCATION; PROVIDING LEGISLATIVE INTENT; AMENDING SECTION2 1-505, IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNIVERSITY; AMEND-3 ING SECTION 33-101, IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNI-4 VERSITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-107A,5 IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNIVERSITY; AMENDING SEC-6 TION 33-107C, IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNIVERSITY;7 AMENDING THE HEADING FOR CHAPTER 31, TITLE 33, IDAHO CODE, TO PROVIDE8 FOR LEWIS-CLARK STATE UNIVERSITY; AMENDING SECTION 33-3101, IDAHO9 CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNIVERSITY AND TO MAKE A TECHNI-10 CAL CORRECTION; AMENDING SECTION 33-3102, IDAHO CODE, TO PROVIDE FOR11 LEWIS-CLARK STATE UNIVERSITY AND TO MAKE A TECHNICAL CORRECTION; AMEND-12 ING SECTION 33-3104, IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNI-13 VERSITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 33-3106,14 IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNIVERSITY AND TO MAKE A15 TECHNICAL CORRECTION; AMENDING SECTION 33-3113, IDAHO CODE, TO PRO-16 VIDE FOR LEWIS-CLARK STATE UNIVERSITY; AMENDING SECTION 33-3114, IDAHO17 CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNIVERSITY AND TO MAKE TECH-18 NICAL CORRECTIONS; AMENDING SECTION 33-3116, IDAHO CODE, TO PROVIDE19 FOR LEWIS-CLARK STATE UNIVERSITY AND TO MAKE TECHNICAL CORRECTIONS;20 AMENDING SECTION 33-3301B, IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK21 STATE UNIVERSITY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-22 TION 33-3302, IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNIVERSITY;23 AMENDING SECTION 33-3701, IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK24 STATE UNIVERSITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION25 33-3717A, IDAHO CODE, TO REVISE PROVISIONS REGARDING STATE COLLEGES26 AND UNIVERSITIES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION27 33-3726, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE HIGHER EDUCA-28 TION STABILIZATION FUND AND TO MAKE TECHNICAL CORRECTIONS; AMENDING29 SECTION 33-3803, IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNIVER-30 SITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 41-4002, IDAHO31 CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNIVERSITY AND TO MAKE TECHNI-32 CAL CORRECTIONS; AMENDING SECTION 67-2332A, IDAHO CODE, TO PROVIDE FOR33 LEWIS-CLARK STATE UNIVERSITY; AMENDING SECTION 67-5302, IDAHO CODE, TO34 PROVIDE FOR LEWIS-CLARK STATE UNIVERSITY AND TO MAKE TECHNICAL CORREC-35 TIONS; AMENDING SECTION 67-9203, IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK36 STATE UNIVERSITY AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION37 67-9801, IDAHO CODE, TO PROVIDE FOR LEWIS-CLARK STATE UNIVERSITY; AND38 DECLARING AN EMERGENCY.39

Be It Enacted by the Legislature of the State of Idaho:40

SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature41 in changing the name of Lewis-Clark State College to identify and clearly42 recognize the newly named Lewis-Clark State University as the four-year43

2 institution that it is. Nothing in this act shall be interpreted to im-1 ply a change in mission or academic classification of Lewis-Clark State2 University. Lewis-Clark State University will remain a teaching-focused3 institution and, therefore, there are no new ongoing costs associated with4 the name change.5

SECTION 2. That Section 1-505, Idaho Code, be, and the same is hereby6 amended to read as follows:7 1-505. DISTRIBUTION OF REPORTS. The reporter shall have no pecuniary8 interest in the reports. The decisions of the said supreme court shall be9 prepared for publication, by the reporter, as rapidly as possible, and as10 soon as a sufficient number of decisions are prepared to fill a volume, such11 a volume shall be printed, and as many copies thereof as directed by the ad-12 ministrative director of the courts, shall be delivered to the state law li-13 brarian, who shall distribute them as follows: to the librarian of congress,14 three (3) copies; to the Idaho state law library, five (5) copies; to the uni-15 versity of Idaho, general library, two (2) copies; to the Idaho state univer-16 sity library, one (1) copy; to Boise state university library, one (1) copy;17 to the college of law of the university of Idaho, twelve (12) copies; to the18 Lewis-Clark state college university, one (1) copy; to the library at the19 state penitentiary, one (1) copy; to each county prosecuting attorney, one20 (1) copy; to each magistrate, one (1) copy; to each district judge, one (1)21 copy; to each justice of the supreme court, one (1) copy; to the clerk of the22 supreme court, one (1) copy; to the attorney general, five (5) copies; one23 (1) copy to the department of lands of Idaho; one (1) copy to the public util-24 ities commission of Idaho; one (1) copy to the industrial commission; one (1)25 copy to the division of public works; one (1) copy to the department of insur-26 ance; one (1) copy to the judiciary committee of the senate during sessions27 of the legislature; one (1) copy to the judiciary committee of the house of28 representatives during sessions of the legislature; to each state and terri-29 tory in the United States sending to this state copies of its printed court30 reports, one (1) copy for the use of the state library or law library thereof;31 to each foreign state or country, sending to this state copies of its printed32 court reports, one (1) copy; to the governor, secretary of state, state trea-33 surer, state controller, superintendent of public instruction, each one (1)34 copy; and to other officers and institutions as directed by the administra-35 tive director of the courts; provided, that each public officer receiving a36 copy of any volume or volumes of said reports under the provisions of this37 section, shall take good care of the same, and shall upon retiring from of-38 fice, turn the same over to his successor in office, provided further, that39 copies of any volume of such reports may be again issued to any of said of-40 ficers, institutions, states or territories upon good and sufficient proof41 of loss of the copies sought to be replaced, presented to the administrative42 director of the courts, who may direct the librarian to furnish another copy43 of the volume so lost, in place thereof. Any of the said officers, insti-44 tutions, states or territories may inform the administrative director that45 they do not wish to receive these volumes or wish to receive a lesser num-46 ber of volumes than specified in this section. The state law librarian shall47 then cease distributing volumes to those recipients who no longer wish to re-48 ceive them, and shall distribute the number of volumes requested to those49

3 recipients who wish to receive a lesser number of volumes than specified in1 this section. Recipients may also inform the administrative director that2 they wish to resume receiving the volumes, or wish to resume receiving the3 full number of volumes specified in this section, and the state law librarian4 shall then distribute to those recipients the volumes published thereafter5 in the number specified in this section.6

SECTION 3. That Section 33-101, Idaho Code, be, and the same is hereby7 amended to read as follows:8 33-101. CREATION OF BOARD. For the general supervision, governance,9 and control of all state educational institutions, to wit: University of10 Idaho, Idaho State University, Boise State University, Lewis-Clark State11 College, the School for the Deaf and the Blind university of Idaho, Idaho12 state university, Boise state university, Lewis-Clark state university, the13 school for the deaf and the blind, and any other state educational institu-14 tion which may hereafter be founded, and for the general supervision, gov-15 ernance, and control of the public school systems, including public commu-16 nity colleges, a state board of education is created. The said board shall be17 known as the state board of education and board of regents of the University18 university of Idaho.19 For the purposes of section 20, article IV, of the constitution of the20 state of Idaho, the state board of education and all of its offices, agen-21 cies, divisions, and departments shall be an executive department of state22 government.23 Where the term "state board" shall hereafter appear, it shall mean the24 state board of education and board of regents of the University university of25 Idaho.26

SECTION 4. That Section 33-107A, Idaho Code, be, and the same is hereby27 amended to read as follows:28 33-107A. BOARD MAY ESTABLISH AN OPTIONAL RETIREMENT PROGRAM. (1) The29 state board of education may establish an optional retirement program under30 which contracts providing retirement and death benefits may be purchased for31 nonclassified staff, pursuant to section 67-5303, Idaho Code, of the univer-32 sity of Idaho, Idaho state university, Boise state university, Lewis-Clark33 state college university, and the office of the state board of education who34 are hired on or after July 1, 1993; provided, however, that no such employee35 shall be eligible to participate in an optional retirement program unless he36 would otherwise be eligible for membership in the public employee retirement37 system of Idaho.38 (2) The state board of education is hereby authorized to provide for the39 administration of the optional retirement program and to perform or autho-40 rize the performance of such functions as may be necessary for such purposes.41 The board shall designate the company or companies from which contracts are42 to be purchased under the optional retirement program and shall approve the43 form and contents of such contracts. In making the designation and giving44 approval, the board shall consider:45 (a) The nature and extent of the rights and benefits to be provided by46 such contracts for participants and their beneficiaries;47

4 (b) The relation of such rights and benefits to the amount of contribu-1 tions to be made;2 (c) The suitability of such rights and benefits to the needs of the par-3 ticipants and the interests of the institutions in the recruitment and4 retention of staff members; and5 (d) The ability of the designated company to provide such suitable6 rights and benefits under such contracts.7 (3) Nonclassified staff initially appointed or hired on or after July8 1, 1993, shall participate in the optional retirement plan, except vested9 members of the public employee retirement system of Idaho, as defined in sec-10 tion 59-1302, Idaho Code. Nonclassified employees hired by the office of11 the state board of education on or after July 1, 2024, with previous credited12 service in the public employee retirement system of Idaho may make a onetime13 irrevocable election to remain a member of the public employee retirement14 system of Idaho. Such election shall be made in writing within sixty (60)15 days of initial hire or appointment and filed with the administrative offi-16 cer of the employing institution or agency.17 (4) (a) Each institution shall contribute on behalf of each participant18 in its optional retirement program the following:19 (i) To the designated company or companies, an amount equal to20 nine and thirty-five hundredths percent (9.35%) of each partici-21 pant's salary, reduced by any amount necessary, if any, to provide22 contributions to a total disability program provided either by the23 state or by a private insurance carrier licensed and authorized to24 provide such benefits, or any combination thereof, but in no event25 less than five percent (5%) of each participant's salary; and26 (ii) To the public employee retirement system, an amount equal27 to one and forty-nine hundredths percent (1.49%) of salaries of28 members who are participants in the optional retirement program.29 This amount shall be paid until July 1, 2025, and is in lieu of30 amortization payments and withdrawal contributions required pur-31 suant to chapter 13, title 59, Idaho Code.32 (b) Each participant shall contribute an amount equal to six and33 ninety-seven hundredths percent (6.97%) of the participant's salary.34 Employee contributions may be made by employer pickup pursuant to sec-35 tion 59-1332, Idaho Code.36 (c) Payment of contributions authorized or required under this subsec-37 tion shall be made by the financial officer of the employing institution38 to the designated company or companies for the benefits of each partici-39 pant.40 (5) Any person participating in the optional retirement program shall41 be ineligible for membership in the public employee retirement system of42 Idaho as long as he remains continuously employed in a nonclassified posi-43 tion.44 (6) A retirement, death or other benefit shall not be paid by the state45 of Idaho or the state board of education for services credited under the46 optional retirement program. Such benefits are payable to participants or47 their beneficiaries only by the designated company or companies in accor-48 dance with the terms of the contracts.49

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SECTION 5. That Section 33-107C, Idaho Code, be, and the same is hereby1 amended to read as follows:2 33-107C. BOARD MAY ESTABLISH ADDITIONAL RETIREMENT PLANS. (1) The3 state board of education and the board of regents of the university of4 Idaho may establish one (1) or more retirement plans as described herein5 for members of the teaching staff and officers of the university of Idaho,6 Idaho state university, Boise state university, Lewis-Clark state college7 university, and the state board of education who are eligible to participate8 in an optional retirement program described in section 33-107A, Idaho Code,9 or section 33-107B, Idaho Code, or who are vested members in the public em-10 ployee retirement system of Idaho.11 (2) A plan established under this section shall comply with federal tax12 laws applicable to the design of the plan, which may include sections 401(a),13 403(b), 415(m), 457(b) and 457(f) of the Internal Revenue Code or other fed-14 eral tax laws.15 (3) To the extent permitted by federal tax law, a plan established under16 this section may provide for contributions or payments solely at the direc-17 tion of the employer, or deferral of an employee's compensation at the elec-18 tion of the employee.19

SECTION 6. That the Heading for Chapter 31, Title 33, Idaho Code, be,20 and the same is hereby amended to read as follows:21 CHAPTER 3122 LEWIS-CLARK STATE COLLEGE UNIVERSITY23

SECTION 7. That Section 33-3101, Idaho Code, be, and the same is hereby24 amended to read as follows:25 33-3101. ESTABLISHMENT OF SCHOOL. An institute of higher education26 for the state of Idaho is hereby established in the city of Lewiston, in27 the county of Nez Perce, to be called the Lewis-Clark State College state28 university, heretofore called the Lewis-Clark Normal School normal school,29 the purposes of which shall be the offering and the giving of instruction in30 college courses in the sciences, arts and literature, professional, techni-31 cal, and courses or programs of higher education as are usually included in32 colleges and universities leading to the granting of appropriate collegiate33 degrees as approved by the state board of education.34

SECTION 8. That Section 33-3102, Idaho Code, be, and the same is hereby35 amended to read as follows:36 33-3102. BOARD OF TRUSTEES. The Lewis-Clark State College state uni-37 versity is hereby declared to be a body politic and corporate, with its own38 seal and having power to sue and be sued in its own name. The general supervi-39 sion, government, and control of the Lewis-Clark State College state univer-40 sity is vested in the state board of education, which shall act as the board41 of trustees of the Lewis-Clark State College state university.42

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SECTION 9. That Section 33-3104, Idaho Code, be, and the same is hereby1 amended to read as follows:2 33-3104. GENERAL POWERS AND DUTIES OF BOARD. All rights and title to3 property, real or personal, belonging to or vested in the Lewis-Clark State4 College state university are hereby vested in its board of trustees and their5 successors. The board of trustees is empowered to acquire, by purchase or6 exchange, any property which in the judgment of the board is needful for the7 operation of the Lewis-Clark State College state university; and to dispose8 of, by sale or exchange, any property which in the judgment of the board is9 not needful for the operation of the college university.10 The board of trustees of the Lewis-Clark State College state university11 shall have the following powers:12 1. (a) To adopt rules and regulations for its own government and for13 that of the college university.14 2. (b) To accept grants or gifts of money, materials or property of any15 kind from any governmental agency, or from any person, firm or association,16 on such terms as may be determined by the grantor.17 3. (c) To cooperate with any governmental agency, or any person, firm18 or association in the conduct of any educational program, to accept grants19 or gifts from any source for the conduct of such program; and to conduct such20 program on or off campus.21 4. (d) To employ architects or engineers in planning the construction,22 remodeling or repair of any building or property, and whenever no other23 agency is designated by law to do so, to let contracts for such construction,24 remodeling or repair and to supervise the work thereof.25 5. (e) To have at all times, general supervision and control of all26 property, real or personal, appertaining to the college university, and to27 insure the same.28

SECTION 10. That Section 33-3106, Idaho Code, be, and the same is hereby29 amended to read as follows:30 33-3106. PRESIDENT AND OTHER TEACHERS, OFFICERS, AND EMPLOYEES --31 SALARIES AND DUTIES -- REMOVAL. The board of trustees shall have power to32 employ a president of the college university and, with his advice, to appoint33 such assistants, deans, instructors, specialists, and other employees as34 are required for the operation of the college university; to fix salaries35 and to prescribe duties and to remove the president or other employees in36 accordance with the policies and rules of the state board of education.37

SECTION 11. That Section 33-3113, Idaho Code, be, and the same is hereby38 amended to read as follows:39 33-3113. SECTARIAN TESTS PROHIBITED. No religious or sectarian test40 shall be applied in the admission of students, nor in the selection of in-41 structors or other personnel of the college university.42

SECTION 12. That Section 33-3114, Idaho Code, be, and the same is hereby43 amended to read as follows:44

7 33-3114. TRANSFER AND CONTROL OF FUNDS. All of the funds and money1 in the dormitory fund and dining fund, including any revolving fund, of2 the Lewis-Clark Normal School normal school, as the same is authorized by3 sections 33-3701--33-3711 33-3701 through 33-3711, Idaho Code, and all of4 the unexpended funds hereto allocated and appropriated to the Lewis-Clark5 Normal School normal school for the purposes specified therein, and all of6 the educational or other endowment funds, holdings, rights, privileges,7 and immunities of the Lewiston Normal School normal school, the Northern8 Idaho College of Education northern Idaho college of education, and the9 Lewis-Clark Normal School normal school, and any allocations or appropri-10 ations from the normal school income fund, as provided by section 33-3302,11 Idaho Code, are hereby transferred to, vested in, and continued in the12 Lewis-Clark State College state university and placed under the control of13 its board of trustees, and appropriated for expenditure by it and shall be14 paid out by the state treasurer in the manner provided by the constitution15 and laws of the state of Idaho. All of the property, real and personal, and16 all of the obligations, legal and moral, of the Lewiston Normal School normal17 school, the Northern Idaho College of Education northern Idaho college of18 education, and of the Lewis-Clark Normal School normal school, are hereby19 vested in, or shall become the obligations of, the Lewis-Clark State College20 state university.21

SECTION 13. That Section 33-3116, Idaho Code, be, and the same is hereby22 amended to read as follows:23 33-3116. CONSTRUCTION OF REFERENCES TO LEWISTON STATE NORMAL24 SCHOOL. Wherever the name Lewiston Normal School normal school, or25 Northern Idaho College of Education northern Idaho college of education, or26 Lewis-Clark Normal School normal school, shall appear in any statute, such27 statute is hereby amended to read Lewis-Clark State College state university28 as fully and completely as though the said name on said statute was specifi-29 cally amended therein, and all such statutes shall be construed to refer to30 and mean Lewis-Clark State College state university.31

SECTION 14. That Section 33-3301B, Idaho Code, be, and the same is32 hereby amended to read as follows:33 33-3301B. NORMAL SCHOOL INCOME FUND. There is established in the state34 treasury the normal school income fund. The fund shall consist of all mon-35 eys distributed from the normal school earnings reserve fund and from other36 sources as the legislature deems appropriate. Moneys in the normal school37 income fund shall be used for the benefit of the beneficiaries of the endow-38 ment and distributed to current beneficiaries of the normal school endowment39 pursuant to legislative appropriation. However, not more than fifty percent40 (50%) of earnings of the normal school income fund shall ever be appropriated41 for the support and maintenance of either Lewis-Clark State College state42 university or the department of education at Idaho State University state43 university.44

SECTION 15. That Section 33-3302, Idaho Code, be, and the same is hereby45 amended to read as follows:46

8 33-3302. APPROPRIATION FOR LEWIS-CLARK STATE COLLEGE UNIVERSITY. Fi-1 fty percent (50%) of all moneys that now are in or which may hereafter accrue2 to the normal school income fund are perpetually appropriated and set apart3 for the support and maintenance of the Lewis-Clark State College state uni-4 versity, the same to be available for such purpose immediately upon their be-5 ing credited to the fund.6

SECTION 16. That Section 33-3701, Idaho Code, be, and the same is hereby7 amended to read as follows:8 33-3701. CONTRACTS FOR HOUSING FACILITIES AT STATE INSTITUTIONS. The9 state board of education and board of regents of the University university10 of Idaho, acting as the board of regents of the University university of11 Idaho, or as the board of trustees of the Lewis-Clark State College state12 university, or as the board of trustees of the Boise State University state13 university, or as the board of trustees of the Idaho State University state14 university, are hereby authorized to enter into contracts with persons,15 firms, and corporations, for the purpose of providing dormitory and housing16 facilities for the students of said institutions; for the purposes the board17 may contract for the leasing and purchase of lands and buildings and for the18 purchase and installation of fixtures, furniture, furnishings, and equip-19 ment in such buildings; the board may contract to pay as rent or otherwise a20 sum sufficient to pay, on the amortization plan, the principal and interest21 thereon, of the purchase-price of lands and buildings, such contracts to22 run not over twenty (20) years; the rate of interest on the principal on any23 purchase shall not exceed seven percent (7%) per annum payable semiannually24 or annually.25

SECTION 17. That Section 33-3717A, Idaho Code, be, and the same is26 hereby amended to read as follows:27 33-3717A. FEES AT STATE COLLEGES AND UNIVERSITIES. (1) The state board28 of education and the board of regents of the university of Idaho may pre-29 scribe fees, including tuition fees, for resident and nonresident students30 enrolled in all state colleges and universities. For purposes of this sec-31 tion, said fees, including tuition fees, may be used for any and all educa-32 tional costs at the state colleges and universities including, but not lim-33 ited to, costs associated with:34 (a) Academic services;35 (b) Instruction;36 (c) The construction, maintenance, and operation of buildings and fa-37 cilities;38 (d) Student services; or39 (e) Institutional support.40 The state board of education also may prescribe fees for all students for any41 additional charges that are necessary for the proper operation of each in-42 stitution.43 (2) A resident student is a student who meets the residency require-44 ments imposed by section 33-3717B, Idaho Code.45 (3) Nothing contained in this section shall prevent the state board of46 education from waiving fees, including tuition fees, to be paid by nonresi-47

9 dent students, as defined in section 33-3717C, Idaho Code, who are enrolled1 in the state colleges and universities.2 (4) Nothing contained in this section shall apply to community colleges3 now or hereafter established pursuant to chapter 21, title 33, Idaho Code,4 or to postsecondary professional-technical schools now or hereafter estab-5 lished and not connected to or a part of a state college or university.6

SECTION 18. That Section 33-3726, Idaho Code, be, and the same is hereby7 amended to read as follows:8 33-3726. HIGHER EDUCATION STABILIZATION FUND. There is hereby created9 in the state treasury a fund to be known as the higher education stabiliza-10 tion fund. The higher education stabilization fund shall consist of three11 (3) separate accounts as follows:12 (1) An account designated the strategic interest account shall consist13 of interest earnings from the investment of moneys deposited with the state14 treasurer into unrestricted current fund 0650-00, as designated by the state15 controller in the statewide accounting and reporting system. Annually on16 July 1, or as soon thereafter as is practicable, the state controller shall17 transfer such interest earnings to the strategic interest account. All mon-18 eys so transferred shall be expended for the maintenance, use, and support19 of institutions that have deposited moneys into unrestricted current fund20 0650-00. All such expenditures shall be subject to legislative appropria-21 tion. Institutions shall receive a pro rata share of a legislative appro-22 priation based upon the amount of moneys any such institution has deposited23 into unrestricted current fund 0650-00 in the current fiscal year compared24 to the total amount deposited by all institutions in the current fiscal year.25 Interest earned from the investment of moneys in the strategic interest ac-26 count shall be retained in the strategic interest account.27 (2) An account designated the surplus stabilization account shall28 consist of any other moneys made available through legislative transfers,29 appropriations, or otherwise provided by law, or from any other governmen-30 tal source. All such moneys shall be expended for the maintenance, use, and31 support of institutions named in section 33-3803, Idaho Code. Such expendi-32 tures shall be made subject to legislative appropriation to the state board33 of education for college and universities. Distribution of such moneys to34 institutions shall be based upon the state board of education's established35 practices for the allocation of moneys to such institutions. Interest36 earned from the investment of moneys in this surplus stabilization account37 shall be retained in this surplus stabilization account.38 (3) An account designated the surplus stabilization account for col-39 lege of eastern Idaho, north Idaho college, college of southern Idaho, and40 college of western Idaho shall consist of any other moneys made available41 through legislative transfers, appropriations, or otherwise provided by42 law, or from any other governmental source. All such moneys shall be ex-43 pended for the maintenance, use, and support of college of eastern Idaho,44 north Idaho college, college of southern Idaho, and college of western45 Idaho. Such expenditures shall be made subject to legislative appropriation46 to the community colleges. Distribution of such moneys shall be based on the47 state board of education's established practices for the allocation of mon-48 eys to the community colleges. Interest earned from the investment of moneys49

10 in this surplus stabilization account shall be retained in this surplus sta-1 bilization account.2

SECTION 19. That Section 33-3803, Idaho Code, be, and the same is hereby3 amended to read as follows:4 33-3803. STATE EDUCATIONAL INSTITUTIONS AS BODIES POLITIC AND CORPO-5 RATE -- POWERS OF BOARDS. Each of the following institutions is hereby con-6 stituted and confirmed a body politic and corporate and a separate and in-7 dependent legal entity and is hereby further constituted and confirmed as a8 governmental instrumentality for the dissemination of knowledge and learn-9 ing: "The Regents of the University of Idaho," "Lewis-Clark State College,"10 "Idaho State University," and "Boise State University." the regents of the11 university of Idaho, Lewis-Clark state university, Idaho state university,12 and Boise state university. A corporate purpose of every institution, in ad-13 dition to any other purposes thereof, shall be to acquire any project. The14 powers of every institution delegated to it by this act shall be vested in and15 exercised by a majority of all the members of its board, and a majority of all16 the members of such board shall be a quorum for the transaction of any busi-17 ness authorized by this act, but a lesser number may adjourn and compel the18 attendance of absent members.19

SECTION 20. That Section 41-4002, Idaho Code, be, and the same is hereby20 amended to read as follows:21 41-4002. DEFINITIONS. For the purposes of this chapter unless context22 otherwise requires:23 (1) "Administrator" is a person, if other than the trustee, employed24 or contracted by the trustee to provide administrative services to a self-25 funded plan.26 (2) "Beneficiary" is any individual entitled, under the self-funded27 plan, to payment by the trust fund of any part or all of the cost of any health28 care service rendered to such beneficiary.29 (3) "Claims liability" is the total of all incurred and unpaid claims,30 including incurred but not reported claims, for allowable benefits under a31 self-funded plan that are not reimbursed or reimbursable by stop-loss insur-32 ance provided by a carrier authorized to transact insurance in this state.33 (4) "Contribution" is the amount paid or payable by the employer or34 employee, or a postsecondary educational institution or student, into the35 trust fund.36 (5) "Department" is the Idaho department of insurance.37 (6) "Director" is the director of the department of insurance.38 (7) "Irrevocable trust agreement" is a trust agreement whereby under39 the terms thereof the plan sponsor cannot retain the power to alter, amend,40 revoke, or terminate the transfer of funds or property held in trust.41 (8) "Multiple employer welfare arrangement" or "multiple employer wel-42 fare plan" shall have the same meaning as that given to the term "multiple em-43 ployer welfare arrangement" by the employee retirement income security act44 of 1974, as amended.45 (9) "Person" is any individual, corporation, limited liability com-46 pany, partnership, association, firm, syndicate, organization, educational47

11 institution, or any other public or private entity organized or recognized1 under the laws of the state of Idaho.2 (10) "Plan sponsor" is any person who creates a self-funded health bene-3 fit plan for the benefit of any employer and employee or employees, or a post-4 secondary educational institution and student or students.5 (11) "Postsecondary educational institution" is a person whose primary6 purpose is to provide a postsecondary education that offers or awards edu-7 cational degrees and that provides courses or programs that lead to an edu-8 cational degree, that is legally authorized and maintains a presence in the9 state of Idaho, and that has an average annualized enrollment of eight hun-10 dred (800) or more full-time students located in Idaho.11 (12) "Public postsecondary educational institution" means Boise12 State University, Idaho State University, Lewis-Clark State College and13 the University of Idaho Boise state university, Idaho state university,14 Lewis-Clark state university, and the university of Idaho, along with the15 board of regents and board of trustees thereof.16 (13) "Qualified actuary" is an actuary having experience in establish-17 ing rates for a self-funded plan and the health services being provided, and18 who is also a fellow of the society of actuaries, a member of the American19 academy of actuaries, or an enrolled actuary under the employee retirement20 income security act of 1974, as amended.21 (14) "Self-funded plan" or "plan" is any single employer plan, public22 postsecondary educational institution plan, or multiple employer welfare23 plan, or any other single or multiple employer plan, or any postsecondary24 educational institution student health benefit plan, other than a plan pro-25 viding only benefits under title 72, Idaho Code, under which payment for med-26 ical, surgical, hospital, and other services for prevention, diagnosis, or27 treatment of any disease, injury, or bodily condition of an employee is, or28 is to be, regularly provided for or promised from funds created or maintained29 in whole or in part by contributions or payments thereto by the employer or30 employers, or by the employer or employers and the employees, or by a post-31 secondary educational institution and students at said institution, or stu-32 dents of a postsecondary educational institution, who are not otherwise cov-33 ered by insurance or contract with a health care service corporation or man-34 aged care organization authorized to transact business in this state.35 (15) "Single employer" is any individual, sole proprietorship, busi-36 ness, partnership, corporation, limited liability company, firm, or any37 other form of legally recognized entity or a group of two (2) or more em-38 ployers under "common control" as defined in section 3(40)(B)(iii) of the39 employee retirement income security act of 1974, as amended.40 (16) "Student" is an individual enrolled in a postsecondary educational41 institution.42 (17) "Surplus" is the excess of the assets of a self-funded plan minus43 the liabilities of the plan, provided the liabilities of a self-funded plan44 shall include the claims liability of the plan.45 (18) "Trust fund" is a trust fund established in conjunction with a46 self-funded plan for receipt of contributions of employer and employees,47 postsecondary educational institution and students, and payment of or with48 respect to health care service costs of beneficiaries.49

12 (19) "Trustee" is the trustee, whether a single or multiple trustee, of1 the trust fund.2

SECTION 21. That Section 67-2332A, Idaho Code, be, and the same is3 hereby amended to read as follows:4 67-2332A. INTERAGENCY CONTRACTS WITH STATE INSTITUTIONS OF HIGHER ED-5 UCATION. (1) Notwithstanding the provisions of section 67-2332, Idaho Code,6 no agency may enter into a noncompetitive contract with a state institution7 of higher education unless authorized pursuant to section 67-9221, Idaho8 Code. When seeking a contract with a state institution of higher education,9 an agency shall determine each state institution of higher education's in-10 terest in competing for the contract. If more than one (1) state institution11 of higher education indicates an interest in competing, the agency shall12 seek quotes or proposals and award the contract to the state institution of13 higher education it determines provided the best offer based on cost and14 other relevant criteria.15 (2) The provisions of subsection (1) of this section do not apply to16 procurements of surplus property governed by other state or federal law.17 (3) As used in this section:18 (a) "Agency" has the same meaning as provided in section 67-9203(3),19 Idaho Code.20 (b) "State institution of higher education" means Boise state univer-21 sity, Idaho state university, Lewis-Clark state college university, or22 the university of Idaho.23

SECTION 22. That Section 67-5302, Idaho Code, be, and the same is hereby24 amended to read as follows:25 67-5302. DEFINITIONS. As used in this chapter and other applicable26 sections of the Idaho Code, each of the terms defined in this section shall27 have the meaning given in this section unless a different meaning is clearly28 required by the context. Such terms and their definitions are:29 (1) "Administrative employee" means any person, nonclassified or clas-30 sified, appointed to a position that meets the criteria set forth in the fed-31 eral fair labor standards act, 29 U.S.C. 201 et seq. Final designation of32 a classified position as "administrative" within this definition shall be33 made by the administrator of the division of human resources. Exceptions to34 this designation that do not violate the federal fair labor standards act, 2935 U.S.C. 201 et seq., may be made by the administrator.36 (2) "Administrator" means the administrator of the division of human37 resources in the governor's office.38 (3) "Appointing authority" means the officer, board, commission, per-39 son, or group of persons authorized by statute or lawfully delegated author-40 ity to make appointments to or employ personnel in any department.41 (4) "Class" means a group of positions sufficiently similar as to the42 duties performed, degree of supervision exercised or required, minimum re-43 quirements of training, experience or skill, and other characteristics that44 the same title, the same tests of fitness, and the same schedule of compensa-45 tion may be applied to each position in the group.46

13 (5) "Classified officer" or "classified employee" means any person ap-1 pointed to or holding a position in any department of the state of Idaho,2 which position is subject to the provisions of the merit examination, selec-3 tion, retention, promotion, and dismissal requirements of section 67-5309,4 Idaho Code.5 (6) "Commission" means the Idaho personnel commission.6 (7) "Compensatory time" means approved time off from duty provided in7 compensation for overtime hours worked.8 (8) "Computer worker" means any person, nonclassified or classified,9 appointed to a position that meets the criteria set forth in the federal fair10 labor standards act, 29 U.S.C. 201 et seq. Final designation of a classified11 position as "computer worker" within this definition shall be made by the ad-12 ministrator of the division of human resources. Exceptions to this designa-13 tion that do not violate the federal fair labor standards act, 29 U.S.C. 20114 et seq., may be made by the administrator.15 (9) "Department" means any department, agency, institution, or office16 of the state of Idaho.17 (10) "Disabled veteran" is as defined in section 65-502, Idaho Code.18 (11) "Eligible" means a person who has been determined to be qualified19 for a classified position and whose name has been placed on the register of20 eligibles.21 (12)(a) "Executive employee" means any person appointed to a position22 equivalent to a bureau chief or above as provided in section 67-2402,23 Idaho Code, or any employee whose primary duty is management of a de-24 partment, division, or bureau and:25 (i) Who customarily and regularly directs the work of at least two26 (2) or more other employees therein;27 (ii) Who has the authority to hire and fire, or to recommend hiring28 and firing; or whose recommendation on these and other actions af-29 fecting employees is given particular weight; and30 (iii) Who customarily and regularly exercises discretionary pow-31 ers.32 (b) Final designation of a position as "executive" in this definition33 shall be made by the administrator. Exceptions to this designation that34 do not violate the federal fair labor standards act, 29 U.S.C. 201 et35 seq., may be made by the administrator.36 (13) "Exempt employee" means any employee, classified or nonclassi-37 fied, who is determined to be an executive, professional, or administrative38 employee as defined in this section or who qualifies for any other exemption39 from cash compensation for overtime under applicable federal law. Final40 designation of a classified position as exempt shall be made by the adminis-41 trator.42 (14) "Full-time employee" means any employee working a forty (40) hour43 workweek.44 (15)(a) "Holiday" means any day so designated by the president of the45 United States or the governor of this state for a public fast, thanks-46 giving, or holiday. Holidays are enumerated in section 73-108, Idaho47 Code.48

14 (b) In the event that a holiday occurs on a Saturday, the preceding Fri-1 day shall be a holiday, and if the holiday falls on a Sunday, the follow-2 ing Monday shall be a holiday.3 (c) A holiday is a day of exemption from work granted to nonexecutive4 employees during which said employees shall be compensated as if they5 actually worked. Employees classified as executive exempt are entitled6 to eleven (11) paid holidays per year. If such an employee works on one7 (1) of the official holidays listed in this subsection, then such em-8 ployee may take an alternative day off but shall not receive additional9 compensation.10 (16) "Hours worked" means those hours actually spent in the performance11 of the employee's job on any day including holidays and shall not include va-12 cation or sick leave or other approved leave of absence.13 (17) "Nonclassified employee" means any person appointed to or holding14 a position in any department of the state of Idaho, which position is ex-15 empted from the merit provisions of section 67-5309(e), (f), (g), (j), (m),16 (o), (p), (w), and (x), Idaho Code.17 (18) "Normal workweek" means any forty (40) hours worked during a par-18 ticular one hundred sixty-eight (168) hour period as previously established19 by the employee's appointing authority.20 (19) "Open competitive examination" means an examination that may be21 taken by qualified applicants to compete on an equal basis for listing on the22 register of eligibles for a classified position.23 (20) "Overtime work" means:24 (a) Time worked on holidays and time worked in excess of forty (40)25 hours in a period of one hundred sixty-eight (168) consecutive hours;26 (b) Upon designation from the administrator and in the case of those27 employees engaged in law enforcement, correctional, and fire protec-28 tion activities characterized by irregular shift work schedules, time29 worked in excess of one hundred sixty (160) hours in a period of twenty-30 eight (28) consecutive days;31 (c) Upon designation from the administrator and in the case of certain32 employees who meet federal exemption requirements, time worked in ex-33 cess of eighty (80) hours within a period of fourteen (14) consecutive34 days; or35 (d) Time worked by employees during specific hours in addition to their36 normal schedules upon emergency declaration by the governor or with the37 approval of the appointing authority and the board of examiners.38 (21) "Participating department" means any department of the state of39 Idaho in the executive department reporting to the governor or a board or40 commission appointed by the governor.41 (22) "Part-time employee" means any employee whose usually scheduled42 work is fewer than forty (40) hours in a period of one hundred sixty-eight43 (168) consecutive hours and who is not entitled to sick leave accruals pro-44 vided in section 67-5333, Idaho Code, vacation leave provided in section45 67-5334, Idaho Code, or holiday pay as defined in subsection (15) of this46 section, unless contributions are being made to the public employee retire-47 ment system in accordance with chapter 13, title 59, Idaho Code, and rules48 promulgated by the public employee retirement system board.49

15 (23) "Personnel system" means the procedure for administering employ-1 ees in accordance with this chapter.2 (24) "Political office" means a public office for which partisan poli-3 tics is a basis for nomination, election, or appointment.4 (25) "Political organization" means a party that sponsors candidates5 for election to political office.6 (26) "Position" means a group of duties and responsibilities legally7 assigned or delegated by one (1) or more appointing authorities and requir-8 ing the employment of one (1) person.9 (27) "Professional employee" means any person, nonclassified or clas-10 sified, appointed to a position that meets the criteria set forth in the fed-11 eral fair labor standards act, 29 U.S.C. 201 et seq. Final designation of a12 classified position as professional shall be made by the administrator. Ex-13 ceptions to this designation that do not violate the federal fair labor stan-14 dards act, 29 U.S.C. 201 et seq., may be made by the administrator.15 (28) "Public education entity" means community colleges, public school16 districts, public charter schools, and the Idaho digital learning academy.17 (29) "Qualifying examination" means an examination or evaluation given18 to a selected person to determine eligibility for reclassification or ap-19 pointment to a position in a classification.20 (30) "Register" means a list of names of persons who have been deter-21 mined to be eligible for employment in a classified position as determined on22 the basis of examination and merit factors as established by the administra-23 tor.24 (31) "Seasonal appointment" means an appointment to a position that is25 permanent in nature but that has intermittent work periods throughout the26 year.27 (32) "Service rating" means a recorded evaluation of work performance28 and promotional potential of an employee by his supervisor.29 (33) "State educational agency" means the following state agencies and30 educational institutions under the governance of the Idaho state board of31 education:32 (a) Boise state university;33 (b) Idaho state university;34 (c) University of Idaho;35 (d) Lewis-Clark state college university;36 (e) Idaho public television;37 (f) The division of vocational rehabilitation;38 (g) The division of career technical education;39 (h) The office of the state board of education;40 (i) The state department of education; and41 (j) The public charter school commission.42 (34) "Temporary appointment" means appointment to a position that is43 not permanent in nature and in which employment will not exceed one thousand44 three hundred eighty-five (1,385) hours during any twelve (12) month period.45 No person holding a temporary appointment may work in excess of one thousand46 three hundred eighty-five (1,385) hours during a twelve (12) month period47 of time for any one (1) department; provided, however, upon petition by the48 appointing authority that demonstrates good cause, the administrator of49

16 the division of human resources may extend the one thousand three hundred1 eighty-five (1,385) hour limit for:2 (a) Employees of the department of lands who are required to perform3 fire suppression activities; and4 (b) Employees hired under approved apprenticeship programs.5 (35) "Vacation leave" means a period of exemption from work during which6 employees shall be compensated. The term shall not include compensatory7 time for overtime work.8 (36) "Veteran" is as defined in section 65-203, Idaho Code.9

SECTION 23. That Section 67-9203, Idaho Code, be, and the same is hereby10 amended to read as follows:11 67-9203. DEFINITIONS. As used in this chapter:12 (1) "Acquisition" means the process of procuring property.13 (2) "Administrator" means the administrator of the division of pur-14 chasing as created by section 67-9204, Idaho Code.15 (3) "Agency" means all officers, departments, divisions, bureaus,16 boards, commissions, and institutions of the state, including the public17 utilities commission, but excluding:18 (a) The legislative and judicial branches of government;19 (b) The governor, lieutenant governor, secretary of state, state con-20 troller, state treasurer, attorney general, and superintendent of pub-21 lic instruction; and22 (c) Except as provided in section 67-9234, Idaho Code, a state insti-23 tution of higher education that complies with the provisions of section24 67-9225, Idaho Code.25 (4) "Bid" means a written offer to perform a contract to sell or other-26 wise supply property in response to a solicitation.27 (5) "Bidder" means a vendor who has submitted a bid on property to be28 acquired by the state.29 (6) "Contract" means an agreement for the acquisition of property, in-30 cluding a purchase order.31 (7) "Contractor" means a vendor who has been awarded a contract.32 (8) "Director" means the director of the department of administration33 as created by section 67-5701, Idaho Code.34 (9) "Environmental, social, and governance standards" means procure-35 ment standards that screen or score bids, in whole or in part, on subjective36 ethical or sustainability criteria unrelated to the specifications in a so-37 licitation or the qualifications of a bidder.38 (10) "Lowest responsible bidder" means the responsible bidder whose bid39 reflects the lowest acquisition price to be paid by the state, except that40 when specifications are valued or comparative performance evaluations are41 conducted, the results of such examinations and the relative score of valued42 specifications will be weighed, as set out in the specifications, in deter-43 mining the lowest acquisition price.44 (11) "Open contract" means a contract awarded by the state through the45 division of purchasing as a result of a competitive solicitation to one (1)46 or more vendors who have agreed to allow all agencies to procure specified47 property under the terms and conditions set forth in the contract.48

17 (12) "Procure" means to obtain property for state use in a manner other1 than by gift including, but not limited to, purchase, lease, or rent.2 (13) "Property" means goods, services, parts, supplies, and equipment,3 both tangible and intangible, including, but not limited to, designs, plans,4 programs, systems, techniques, and any rights or interests in such property.5 (14) "Sole source" means the only vendor from whom specific property is6 available to procure.7 (15) "Solicitation" means an invitation to bid, a request for proposal,8 or a request for quote issued pursuant to this chapter for the purpose of9 procuring property.10 (16) "Specifications" means the standards or requirements for property11 to be procured as explicitly stated in a solicitation or contract.12 (17) "State institution of higher education" means Boise state univer-13 sity, Idaho state university, or Lewis-Clark state college university.14 (18) "Vendor" means a person or entity capable of supplying property to15 the state.16

SECTION 24. That Section 67-9801, Idaho Code, be, and the same is hereby17 amended to read as follows:18 67-9801. DEFINITIONS. As used in this chapter:19 (1) "Changing room" means a room or area in which a person may be in a20 state of undress in the presence of others, including a locker room or shower21 room.22 (2) "Correctional facility" means a state correctional facility or lo-23 cal correctional facility as defined in section 19-4201A, Idaho Code.24 (3) "Covered entity" means a correctional facility, domestic violence25 shelter, juvenile correctional center, or state educational institution.26 (4) "Domestic violence shelter" means a state-operated facility that27 provides services, including food, housing, counseling, and assistance to28 victims of domestic violence or abuse and their minor dependent children in29 this state.30 (5) "Female" has the same meaning as set forth in section 73-114, Idaho31 Code.32 (6) "Juvenile correctional center" means any state-operated residen-33 tial facility or facility operated pursuant to a contract with the state that34 provides twenty-four (24) hour supervision and confinement for juvenile of-35 fenders committed to the custody of the department of juvenile corrections.36 (7) "Male" has the same meaning as set forth in section 73-114, Idaho37 Code.38 (8) "Multi-occupancy" means a space that is designated for use by mul-39 tiple persons simultaneously.40 (9) "Restroom" means a room that includes one (1) or more toilets or41 urinals.42 (10) "Sex" has the same meaning as set forth in section 73-114, Idaho43 Code.44 (11) "Sleeping quarters" means a room with more than one (1) bed and in45 which more than one (1) individual is housed overnight.46 (12) "State educational institution" means the university of Idaho,47 Lewis-Clark state college university, Idaho state university, Boise state48 university, the school for the deaf and the blind, and any public community49

18 colleges under the general supervision, governance, and control of the state1 board of education.2

SECTION 25. An emergency existing therefor, which emergency is hereby3 declared to exist, this act shall be in full force and effect on and after its4 passage and approval.5