Amends current law to revise provisions regarding director appointments to certain executive agencies.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1300 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO STATE GOVERNMENT; AMENDING SECTION 59-904, IDAHO CODE, TO RE-2 VISE PROVISIONS REGARDING VACANCIES IN STATE OFFICES; AMENDING SECTION3 36-106, IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF THE DIRECTOR OF THE4 DEPARTMENT OF FISH AND GAME BY THE GOVERNOR; AMENDING SECTION 40-503,5 IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF THE DIRECTOR OF THE IDAHO6 TRANSPORTATION DEPARTMENT BY THE GOVERNOR; AMENDING SECTION 67-4222,7 IDAHO CODE, TO PROVIDE FOR APPOINTMENT OF THE DIRECTOR OF THE DEPARTMENT8 OF PARKS AND RECREATION BY THE GOVERNOR; AND DECLARING AN EMERGENCY AND9 PROVIDING AN EFFECTIVE DATE.10

Be It Enacted by the Legislature of the State of Idaho:11

SECTION 1. That Section 59-904, Idaho Code, be, and the same is hereby12 amended to read as follows:13 59-904. STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED. (a) All14 vacancies in any state office, and in the supreme and district courts, unless15 otherwise provided for by law, shall be filled by appointment by the gover-16 nor. Appointments to fill vacancies pursuant to this section shall be made17 as provided in subsections (b), (c), (d), (e), (f) and (g) of this section,18 subject to the limitations prescribed in those subsections.19 (b) Nominations and appointments to fill vacancies occurring in the of-20 fice of lieutenant governor, state controller, state treasurer, superinten-21 dent of public instruction, attorney general and secretary of state shall be22 made by the governor, subject to the advice and consent of the senate, for23 the balance of the term of office to which the predecessor of the person ap-24 pointed was elected.25 (c) Nominations and appointments to and vacancies in the following26 listed offices shall be made or filled by the governor subject to the advice27 and consent of the senate for the terms prescribed by law, or in case such28 terms are not prescribed by law, then to serve at the pleasure of the gover-29 nor:30 Director of the department of administration,31 Director of the department of finance,32 Director of the department of insurance,33 Director, department of agriculture,34 Director of the department of water resources,35 Director of the Idaho state police,36 Director of the Idaho transportation department,37 Director of the department of commerce,38 Director of the department of fish and game,39 Director of the department of labor,40 Director of the department of environmental quality,41 Director of the department of juvenile corrections,42

2 Director of the department of parks and recreation,1 Executive director of the commission of pardons and parole,2 The state historic preservation officer,3 The administrator of the division of human resources,4 Member of the state tax commission,5 Members of the board of regents of the university of Idaho and the state6 board of education,7 Members of the Idaho water resource board,8 Members of the state fish and game commission,9 Members of the Idaho transportation board,10 Voting members of the state board of health and welfare,11 Members of the board of environmental quality,12 Members of the board of directors of state parks and recreation,13 Members of the board of correction,14 Members of the industrial commission,15 Members of the Idaho public utilities commission,16 Members of the Idaho personnel commission,17 Members of the board of directors of the Idaho state retirement system,18 Members of the board of directors of the state insurance fund,19 Members of the commission of pardons and parole.20 (d) Appointments made by the state board of land commissioners to the21 office of director, department of lands, and appointments to fill vacancies22 occurring in those offices shall be submitted by the president of the state23 board of land commissioners to the senate for the advice and consent of the24 senate in accordance with the procedure prescribed in this section.25 (e) Appointments made pursuant to this section while the senate is in26 session shall be submitted along with the letter of appointment to the sen-27 ate forthwith for the advice and consent of that body. Appointments made28 pursuant to this section while the senate is not in session shall be submit-29 ted along with the letter of appointment to the senate pursuant to section30 67-803, Idaho Code. Should the senate adjourn without granting its consent31 to an appointment the appointment shall thereupon become void and a vacancy32 in the office to which the appointment was made shall exist, and the office33 shall be deemed vacant upon the date of adjournment. It is the duty of the ap-34 pointing authority to supply the senate with the letter of appointment. The35 appointee shall supply the senate with the documentation it requests.36 All appointments made pursuant to subsection (c) of this section, ex-37 cept those appointments for which a term of office is fixed by law, shall ter-38 minate at the expiration of any gubernatorial term. Appointments to fill the39 vacancies thus created by the expiration of the term of office of the gover-40 nor shall be forthwith submitted to the senate for the advice and consent of41 that body, and when so submitted shall be as expeditiously considered as pos-42 sible.43 Upon receipt of an appointment along with the letter of appointment in44 the senate for the purpose of securing the advice and consent of the sen-45 ate, the appointment shall be referred by the presiding officer to the appro-46 priate committee of the senate for consideration and report prior to action47 thereon by the full senate.48 (f) Excepting the appointments made pursuant to subsection (c) of this49 section, whenever an appointee's term has expired as prescribed by law,50

3 the governor or the authorized appointing authority must fill the position1 within twelve (12) months of the expiration of the term. However, an of-2 fice will be vacant if the governor or the authorized appointing authority:3 (i) fails to timely appoint a qualified person at the earlier of the time4 required by law or required in this subsection; or (ii) fails to provide5 the senate with an appropriate letter or document of appointment by the6 thirty-sixth legislative day of the subsequent legislative session. All7 letters or documents of appointment must, as reasonably possible, accompany8 the additional documentation required by the senate. At the request of the9 secretary of the senate, the governor or the authorized appointing authority10 must provide the additional documentation.11 (g) It is the intent of the legislature that the provisions of this sec-12 tion as amended by this chapter shall not apply to appointments which have13 been made prior to the effective date of this chapter. It is the further in-14 tent of the legislature that the provisions of this section shall apply to15 the offices listed in this section and to any office created by law or exec-16 utive order which succeeds to the powers, duties, responsibilities and au-17 thorities of any of the offices listed in subsections (c) and (d) of this sec-18 tion.19

SECTION 2. That Section 36-106, Idaho Code, be, and the same is hereby20 amended to read as follows:21 36-106. DIRECTOR OF DEPARTMENT OF FISH AND GAME. (a) Office of Direc-22 tor Created. The commission governor shall appoint a director of the depart-23 ment of fish and game, hereinafter referred to as the director, who pursuant24 to the provisions of section 59-904, Idaho Code. The director shall serve at25 the pleasure of the governor. Notwithstanding any other provision of law to26 the contrary, a director appointed on or before July 1, 2026, shall be con-27 sidered for confirmation by the senate at the first regular session of the28 sixty-ninth Idaho legislature. The director shall be a person with knowl-29 edge of, and experience in, the requirements for the protection, conserva-30 tion, restoration, and management of the wildlife resources of the state.31 The director shall not hold any other public office, nor any office in any po-32 litical party organization, and shall devote his entire time to the service33 of the state in the discharge of his official duties, under the direction of34 the commission.35 (b) Secretary to Commission. The director or his designee shall serve36 as secretary to the commission.37 (c) Compensation and Expenses. The director shall receive such compen-38 sation as the commission, with the concurrence and approval of the governor,39 may determine and shall be reimbursed at the rate provided by law for state40 employees for all actual and necessary traveling and other expenses incurred41 by him in the discharge of his official duties.42 (d) Oath and Bond. Before entering upon the duties of his office, the43 director shall take and subscribe to the official oath of office, as provided44 by section 59-401, Idaho Code, and shall, in addition thereto, swear and af-45 firm that he holds no other public office, nor any position under any polit-46 ical committee or party. Such oath, or affirmation, shall be signed in the47 office of the secretary of state.48

4 The director shall be bonded to the state of Idaho in the time, form and1 manner prescribed by chapter 8, title 59, Idaho Code.2 (e) Duties and Powers of Director.3 1. The director shall have general supervision and control of all4 activities, functions, and employees of the department of fish and5 game, under the supervision and direction of the commission, and shall6 enforce all the provisions of the laws of the state, and rules and7 proclamations of the commission relating to wild animals, birds, and8 fish and, further, shall perform all the duties prescribed by section9 67-2405, Idaho Code, and other laws of the state not inconsistent with10 this act, and shall exercise all necessary powers incident thereto not11 specifically conferred on the commission.12 2. The director is hereby authorized to appoint as many classified em-13 ployees as the commission may deem necessary to perform administrative14 duties, to enforce the laws and to properly implement management, prop-15 agation, and protection programs established for carrying out the pur-16 poses of the Idaho fish and game code.17 3. The appointment of such employees shall be made by the director in18 accordance with chapter 53, title 67, Idaho Code, and rules promulgated19 pursuant thereto, and they shall be compensated as provided therein.20 Said employees shall be bonded to the state of Idaho in the time, form,21 and manner prescribed by chapter 8, title 59, Idaho Code.22 4. The director is hereby authorized to establish and maintain fish23 hatcheries for the purpose of hatching, propagating, and distributing24 all kinds of fish.25 5.(A) The director, or any person appointed by him in writing to26 do so, may take wildlife of any kind, dead or alive, or import the27 same, subject to such conditions, restrictions and rules as he may28 provide, for the purpose of inspection, cultivation, propagation,29 distribution, scientific or other purposes deemed by him to be of30 interest to the fish and game resources of the state.31 (B) The director shall have supervision over all of the matters32 pertaining to the inspection, cultivation, propagation and dis-33 tribution of the wildlife propagated under the provisions of ti-34 tle 36, Idaho Code. He shall also have the power and authority to35 obtain, by purchase or otherwise, wildlife of any kind or variety36 which he may deem most suitable for distribution in the state and37 may have the same properly cared for and distributed throughout38 the state of Idaho as he may deem necessary.39 (C) The director is hereby authorized to issue a license/tag/per-40 mit to a nonresident landowner who resides in a contiguous state41 for the purpose of taking one (1) animal during an emergency depre-42 dation hunt which includes the landowner's Idaho property subject43 to such conditions, restrictions or rules as the director may pro-44 vide. The fee for this license/tag/permit shall be equal to the45 costs of a resident hunting license, a resident tag fee and a resi-46 dent depredation permit.47 (D) Unless relocation is required pursuant to subparagraph (E)48 herein, notwithstanding the provisions of section 36-408, Idaho49 Code, to the contrary, the director shall not expend any funds, or50

5 take any action, or authorize any employee or agent of the depart-1 ment or other person to take any action, to undertake actual trans-2 plants of bighorn sheep into areas they do not now inhabit for the3 purpose of augmenting existing populations until:4 (i) The boards of county commissioners of the counties in5 which the release is proposed to take place have been given6 reasonable notice of the proposed release.7 (ii) The affected federal and state land grazing permittees8 and owners or leaseholders of private land in or contiguous9 to the proposed release site have been given reasonable no-10 tice of the proposed release.11 (iii) The president pro tempore of the senate and the speaker12 of the house of representatives have received from the di-13 rector a plan for the forthcoming year that details, to the14 best of the department's ability, the proposed transplants15 which shall include the estimated numbers of bighorn sheep16 to be transplanted and a description of the areas the pro-17 posed transplant or transplants are planned for.18 Upon request, the department shall grant one (1) hearing per19 transplant or relocation if any affected individual or entity20 expresses written concern within ten (10) days of notification re-21 garding any transplants or relocations of bighorn sheep and shall22 take into consideration these concerns in approving, modifying or23 canceling any proposed bighorn sheep transplant or relocation.24 Any such hearing shall be held within thirty (30) days of the re-25 quest. It is the policy of the state of Idaho that existing sheep26 or livestock operations in the area of any bighorn sheep trans-27 plant or relocation are recognized and that the potential risk,28 if any, of disease transmission and loss of bighorn sheep when the29 same invade domestic livestock or sheep operations is accepted.30 Prior to any transplant or relocation of bighorn sheep into ar-31 eas they do not now inhabit or a transplant or relocation for the32 purpose of augmenting existing populations, the department shall33 provide for any affected federal or state land grazing permittees34 or owners or leaseholders of private land a written agreement35 signed by all federal, state and private entities responsible for36 the transplant or relocation stating that the existing sheep or37 livestock operations in the area of any such bighorn sheep trans-38 plant or relocation are recognized and that the potential risk,39 if any, of disease transmission and loss of bighorn sheep when the40 same invade domestic livestock or sheep operations is accepted.41 (E) The Idaho department of fish and game: (1) shall develop a42 state management plan to maintain a viable, self-sustaining pop-43 ulation of bighorn sheep in Idaho which shall consider as part44 of the plan the current federal or state domestic sheep grazing45 allotment(s) that currently have any bighorn sheep upon or in46 proximity to the allotment(s); (2) within ninety (90) days of the47 effective date of this act will cooperatively develop best manage-48 ment practices with the permittee(s) on the allotment(s). Upon49 commencement of the implementation of best management practices,50

6 the director shall certify that the risk of disease transmission,1 if any, between bighorn and domestic sheep is acceptable for the2 viability of the bighorn sheep. The director's certification3 shall continue for as long as the best management practices are4 implemented. The director may also certify that the risk of dis-5 ease transmission, if any, between bighorn and domestic sheep6 is acceptable for the viability of the bighorn sheep based upon7 a finding that other factors exist, including but not limited8 to previous exposure to pathogens that make separation between9 bighorn and domestic sheep unnecessary.10 6.(A) The director shall have the power, at any time when it is11 desired to introduce any new species, or if at any time any species12 of wildlife of the state of Idaho shall be threatened with exces-13 sive shooting, trapping, or angling or otherwise, to close any14 open season or to reduce the bag limit or possession limit for such15 species for such time as he may designate; in the event an emer-16 gency is declared to exist, such closure shall become effective17 forthwith upon written order of the director; in all other cases,18 upon publication and posting as provided in section 36-105, Idaho19 Code.20 (B)(i) In order to protect property from damage by wildlife,21 including bear and turkey, the fish and game commission22 may delegate to the director or his designee the authority23 to declare an open season upon that particular species of24 wildlife to reduce its population. The director or his de-25 signee shall make an order embodying his findings in respect26 to when, under what circumstances, in which localities, by27 what means, and in what amounts, numbers and sex the wildlife28 subject to the hunt may be taken. In the event an emergency29 is declared to exist, such open season shall become effec-30 tive forthwith upon written order of the director or his31 designee; in all other cases, upon publication and posting32 as provided in section 36-105, Idaho Code.33 (ii) In the event a kill permit is issued by the director34 or his designee, the individual or landowner with the kill35 permit, in conjunction with their responsibility for field36 dressing the animals taken, may keep one (1) animal for their37 personal use. In the event the director or his designee38 issues a subsequent kill permit for the same individual or39 landowner due to continued depredation, the director or his40 designee may authorize the individual or landowner to keep a41 second subsequently taken animal for their personal use.42 (C) Any season closure order issued under authority hereof shall43 be published in at least one (1) newspaper of general circulation44 in the area affected by the order for at least once a week for two45 (2) consecutive weeks, and such order shall be posted in public46 places in each county as the director may direct.47 (D) During the closure of any open season or the opening of any48 special depredation season by the director, all provisions of laws49 relating to the closed season or the special depredation season50

7 on such wildlife shall be in force and whoever violates any of the1 provisions shall be subject to the penalties prescribed therefor.2 (E) Prior to the opening of any special depredation hunt, the di-3 rector or his designee shall be authorized to provide up to a max-4 imum of fifty percent (50%) of the available permits for such big5 game to the landholder(s) of privately owned land within the hunt6 area or his designees. If the landholder(s) chooses to designate7 hunters, he must provide a written list of the names of designated8 individuals to the department. If the landholder(s) fails to des-9 ignate licensed hunters, then the department will issue the total10 available permits in the manner set by rule. All hunters must have11 a current hunting license and shall have equal access to both pub-12 lic and private lands within the hunt boundaries. It shall be un-13 lawful for any landholder(s) to receive any form of compensation14 from a person who obtains or uses a depredation controlled hunt15 permit.16 7. The director shall make an annual report to the governor, the legis-17 lature, and the secretary of state of the doings and conditions of his18 office.19 8. The director may sell or cause to be sold publications and materials20 in accordance with section 59-1012, Idaho Code.21 9. Any deer, elk, antelope, moose, bighorn sheep or bison imported or22 transported by the department of fish and game shall be tested for the23 presence of certain communicable diseases that can be transmitted to24 domestic livestock. Those communicable diseases to be tested for shall25 be arrived at by mutual agreement between the department of fish and26 game and the department of agriculture. Any moneys expended by the de-27 partment of fish and game on wildlife disease research shall be mutually28 agreed upon by the department of fish and game and the department of29 agriculture.30 In addition, a comprehensive animal health program for all deer, elk,31 antelope, moose, bighorn sheep, or bison imported into, transported, or32 resident within the state of Idaho shall be implemented after said pro-33 gram is mutually agreed upon by the department of fish and game and the34 department of agriculture.35 10. In order to monitor and evaluate the disease status of wildlife and36 to protect Idaho's livestock resources, any suspicion by fish and game37 personnel of a potential communicable disease process in wildlife shall38 be reported within twenty-four (24) hours to the department of agricul-39 ture. All samples collected for disease monitoring or disease evalu-40 ation of wildlife shall be submitted to the division of animal indus-41 tries, department of agriculture.42 11.(A) The director is authorized to enter into an agreement with43 an independent contractor for the purpose of providing a telephone44 order and credit card payment service for controlled hunt permits,45 licenses, tags, and permits.46 (B) The contractor may collect a fee for its service in an amount47 to be set by contract.48 (C) All moneys collected for the telephone orders of such li-49 censes, tags, and permits shall be and remain the property of the50

8 state, and such moneys shall be directly deposited by the con-1 tractor into the state treasurer's account in accordance with the2 provisions of section 59-1014, Idaho Code. The contractor shall3 furnish a good and sufficient surety bond to the state of Idaho in4 an amount sufficient to cover the amount of the telephone orders5 and potential refunds.6 (D) The refund of moneys for unsuccessful controlled hunt permit7 applications and licenses, tags, and permits approved by the de-8 partment may be made by the contractor crediting the applicant's9 or licensee's credit card account.10 12. The director may define activities or facilities that primarily11 provide a benefit: to the department; to a person; for personal use; to12 a commercial enterprise; or for a commercial purpose.13 13. The director shall consult with other agencies to identify eligible14 land suitable for the location or relocation of shooting ranges.15

SECTION 3. That Section 40-503, Idaho Code, be, and the same is hereby16 amended to read as follows:17 40-503. OFFICES -- APPOINTMENT -- QUALIFICATIONS -- COMPENSATION. (1)18 An office of the director of the Idaho transportation department is estab-19 lished, and, pursuant to the provisions of section 59-904, Idaho Code, the20 board governor shall appoint a director having knowledge and experience21 in transportation matters. The director shall serve at the pleasure of22 the board. governor. Notwithstanding any other provision of law to the23 contrary, a director appointed on or before July 1, 2026, shall be con-24 sidered for confirmation by the senate at the first regular session of the25 sixty-ninth Idaho legislature. The director shall not hold any other pub-26 lic office, nor any office in any political committee or organization, and27 shall devote full time to the performance of his official duties. The di-28 rector shall receive compensation as the board may determine and shall be29 reimbursed for all actual and necessary travel and expenses incurred by him30 in the discharge of his official duties, not to exceed a sum approved by the31 board. Subject to the approval of the board, the director shall appoint a32 chief engineer of the department who shall serve at the pleasure of the di-33 rector and the board, and who shall be exempt from the provisions of chapter34 53, title 67, Idaho Code.35 (2) An office of the chief engineer of the department is established,36 and the chief engineer shall be a registered professional engineer, hold-37 ing a current certificate of registration in accordance with the laws of this38 state, or who, having those qualifications shall within nine (9) months af-39 ter his appointment, qualify as a registered professional engineer in accor-40 dance with the laws of Idaho. The chief engineer shall also have had five41 (5) years of actual experience in highway engineering, at least three (3) of42 which shall have been in an administrative capacity involving the direction43 of a substantial technical engineering staff. The chief engineer shall not44 hold any other public office, nor any office in any political committee or45 organization, and shall devote full time to the performance of his official46 duties under the control and direction of the director. The chief engineer47 shall receive compensation and reimbursement for travel and expenses as may48 be established by the director.49

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SECTION 4. That Section 67-4222, Idaho Code, be, and the same is hereby1 amended to read as follows:2 67-4222. POWERS AND DUTIES OF BOARD -- APPOINTMENT OF DIRECTOR -- EM-3 PLOYEES -- MERIT SYSTEM -- SALARIES. (a) The park and recreation board shall4 administer, conduct and supervise the department of parks and recreation and5 shall have the powers and privileges of a corporation, including the right to6 sue and be sued in its own name.7 (b) The board Pursuant to the provisions of section 59-904, Idaho Code,8 the governor shall appoint a director to serve at its discretion. the plea-9 sure of the governor. Notwithstanding any other provision of law to the con-10 trary, a director appointed on or before July 1, 2026, shall be considered11 for confirmation by the senate at the first regular session of the sixty-12 ninth Idaho legislature. When appointed, the director shall be an ex of-13 ficio member of the board and its secretary and administrative officer. He14 shall be bonded as required by the board and shall perform such duties as are15 in this act presented and as are delegated by the board. The director shall16 be selected upon the basis of executive ability, experience and training in17 park and recreational matters.18 (c) The board shall authorize the employment of whatever staff it deems19 necessary for sound and economical administration of the department. The20 board shall adopt a merit system for all employees of the department. The21 director shall hire said persons who shall hold their respective positions22 subject to the rules of the merit system of the department. If a merit system23 is adopted for state employees, then the employees of the department shall be24 subject to the rules of such state merit system. The salaries and compensa-25 tion of all persons employed by the department shall be fixed by the board and26 as otherwise provided by law.27

SECTION 5. An emergency existing therefor, which emergency is hereby28 declared to exist, this act shall be in full force and effect on and after29 July 1, 2026.30