T67CH29
Title 67 > T67CH29
Sections (21)
67-2901
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2901. Idaho state police created — Director — Divisions — Powers and duties — Failure of peace officers to obey orders, misdemeanor — Deputies — Compensation and powers. (1) There is hereby created the Idaho state police. The Idaho state police shall, for the purposes of section 20, article IV, of the constitution of the state of Idaho, be an executive department of the state government. (2) The governor, with the advice and consent of the senate, shall appoint a director of the Idaho state police who shall serve at the pleasure of the governor. The director shall receive such salary as fixed by the governor. (3) The Idaho state police shall be composed of such divisions as may be established by law and other administrative units as may be established by the director for the proper and efficient administration of the powers and duties assigned to the director or the state police. The director shall appoint, subject to the approval of the governor, an administrator for each division within the state police. (4) The director shall exercise all of the powers and duties necessary to carry out the proper administration of the state police, and may delegate duties to employees and officers of the state police. (5) The Idaho state police shall have power to: (a) Enforce all of the penal and regulatory laws of the state, to preserve order, and exercise any and all powers, duties and authority of any sheriff or other peace officer anywhere in the state of Idaho, in the same manner and with like authority as the sheriffs of the counties; said department may employ from time to time, to carry out any of the provisions of this subsection, such deputies or special deputies as may be deemed, by the governor of the state of Idaho, necessary to carry out these duties and powers, and deputies shall have power to deputize other persons as deputies when necessary; said department may call into the police service of the state any and all peace officers of the state, of any city, or of any county, and may deputize private citizens, when deemed necessary by the governor of the state, to preserve order and enforce law in any extraordinary emergency when the governor shall have declared, by order in writing, the existence of such extraordinary emergency; the governor shall designate by order such peace officers or private persons as are to be called into the service of the state, and when such peace officers or deputized citizens are so called into the police service of the state such officers shall act under the direction of the director of the state police in such manner as may be directed and ordered by the governor; failure on the part of any such peace officer of the state, or person so deputized, to so act and obey such orders shall constitute a misdemeanor; the governor shall fix the compensation of such deputies; (b) Prevent and detect crime and apprehend criminals and maintain order; (
67-2901A
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2901A. Authority to conduct safety inspections and compliance reviews of motor carriers — Adoption of rules — Penalty. (1) The director of the Idaho state police shall have responsibility for ensuring that safety inspections and compliance reviews are conducted and that motor carriers are inspected for compliance with federal motor carrier safety and hazardous materials regulations and for compliance with applicable Idaho laws and such rules as are adopted pursuant to this section. (2) The director shall have the authority and is directed to promulgate rules to provide for the safe operation of motor carriers and for the inspection of records, books, papers and documents relating to safety management systems or programs and compliance with the federal safety fitness standard. The director is further authorized to adopt temporary rules as necessary. (3) Any person who violates or fails to comply with any rule promulgated by the director under the provisions of this section is guilty of a misdemeanor. History: [67-2901A, added 1999, ch. 383, sec. 19, p. 1069; am. 2000, ch. 469, sec. 5, p. 1460.]
67-2901B
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2901B. Inspection of motor carriers — Exemptions — Certification of repair — Compliance review — Penalties. (1) All motor carriers, except those exempted under the provisions of subsection (2) of this section, are subject to compliance review and inspection by authorized state police employees for compliance with federal motor carrier safety and hazardous materials regulations and for compliance with applicable Idaho laws and rules promulgated by the director pursuant to the provisions of section 67-2901A , Idaho Code. A motor carrier shall submit any vehicle to a safety inspection when requested to do so by an authorized state police employee. Such inspections shall comply, to the extent possible, with national and industry standards for truck inspections and truck safety as adopted by the commercial vehicle safety alliance. A written inspection report shall be provided to the owner, operator or agent of the vehicle following any inspection review pursuant to this section. (2) The following intrastate motor carriers shall be exempt from safety inspections and compliance reviews: (a) Motor vehicles employed solely in transporting school children and teachers to or from school or to and from approved school activities, when the motor vehicles are either: (i) Wholly owned and operated by such school; or (ii) Leased or contracted by such school and the motor vehicle is not used in the furtherance of any other commercial enterprise; or (b) Taxicabs or other motor vehicles performing a licensed or franchised taxicab service, having a seating capacity of not more than seven (7) passengers within twenty-five (25) miles of the boundaries of the licensing or franchising jurisdiction; or (c) Motor vehicles owned or operated by or on behalf of hotels and used exclusively for the transportation of hotel patrons between hotels and local railroads or airports or other common carrier stations; or (d) Motor vehicles controlled and operated by any farmer when used in the transportation of his farm equipment or in the transportation of supplies to his farm; or (e) Motor vehicles used exclusively in the distribution of newspapers; or (f) Transportation of persons or property by motor vehicle at an airport when incidental to transportation by aircraft or other transportation in substitution for scheduled airline service when the carrier cannot provide the scheduled service because of weather and/or mechanical conditions and the transportation is arranged for and paid by the affected airlines; or (g) Transportation of persons and/or property, including mobile and modular houses manufactured with wheels and undercarriage as part of the substructure, but not transportation of other houses, buildings or structures within a municipality or territory contiguous to such municipality if such operation outside such municipality be a part of a service maintained within the limits of the municipality
67-2902
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2902. Director and deputies — Powers of police officers. The director of the Idaho state police and persons deputized by him as state policemen are peace officers authorized to exercise within any county the same powers as the sheriff thereof. History: [67-2902, added 1974, ch. 27, sec. 3, p. 811; am. 2000, ch. 469, sec. 7, p. 1463.]
67-2904
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2904. Administrator — Appointment, term, salary. The director of the Idaho state police shall appoint an administrator of the Idaho state police who shall act as a deputy director and serve at the pleasure of the director. The salary of the deputy director shall be fixed for each term by the director within the limits of any appropriation made therefor. History: [67-2904, added 1995, ch. 116, sec. 3, p. 390; am. 2000, ch. 469, sec. 9, p. 1463.]
67-2905
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2905. Jurisdiction. The jurisdiction of the director of the Idaho state police and his deputies, both regular and special, and all peace officers or other persons called into the police service of the state by him or his deputies shall be coextensive with the territory of the state of Idaho and not limited by the lines of any political or municipal subdivisions. History: [(67-2905) 1939, ch. 60, sec. 4, p. 105; am. 1955, ch. 173, sec. 4, p. 345; am. 1974, ch. 27, sec. 6, p. 811; am. and redesig. 1995, ch. 116, sec. 5, p. 390; am. 1999, ch. 383, sec. 21, p. 1071; am. 2000, ch. 469, sec. 10, p. 1463.]
67-2906
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2906. Cooperation and exchange of information. The Idaho state police shall cooperate and exchange information with any other department or authority of the state or with other police forces, both within this state and outside it, and with federal agencies to achieve greater success in preventing and detecting crimes and apprehending criminals. History: [(67-2906) 1939, ch. 60, sec. 7, p. 105; am. 1955, ch. 173, sec. 6, p. 345; am. and redesig. 1995, ch. 116, sec. 7, p. 391.]
67-2907
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2907. Jailors to receive prisoners from Idaho state police. Any person having charge of a jail, prison or reformatory or other place of detention shall receive any prisoner arrested by the Idaho state police within the jurisdiction served by such jail and shall detain that prisoner in custody until otherwise ordered by a court of competent jurisdiction, or by the superintendent. Such person in charge shall have the right to refuse to receive any juvenile not being charged with a felony and not in the process of being certified as an adult, in accordance with section 20-509 , Idaho Code. History: [(67-2907) 1939, ch. 60, sec. 9, p. 105; am. 1955, ch. 173, sec. 8, p. 345; am. 1987, ch. 216, sec. 1, p. 465; am. and redesig. 1995, ch. 116, sec. 8, p. 391; am. 2004, ch. 23, sec. 13, p. 32.]
67-2908
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2908. Salaries and expenses — Source of payment. All salaries, costs of equipment, and expenses of maintaining and operating the Idaho state police shall be paid from the law enforcement fund and such other funds as are or may hereafter be appropriated for the purpose of operating and maintaining the Idaho state police. History: [(67-2908) 1939, ch. 60, sec. 11, p. 105; am. 1955, ch. 173, sec. 9, p. 345; am. 1983, ch. 179, sec. 6, p. 489; am. and redesig. 1995, ch. 116, sec. 10, p. 391; am. 2000, ch. 469, sec. 11, p. 1464.]
67-2912
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2912. state victim notification fund. (1) There is hereby established in the state treasury the state victim notification fund. Moneys in the fund shall be perpetually appropriated to, and shall be used by the director of, the Idaho state police. Moneys deposited to the fund shall be expended for the purpose of defraying the costs of administering the statewide automated victim information and notification (SAVIN) system by the Idaho sheriffs’ association for the purpose of satisfying the provisions of section 22, article I, of the constitution of the state of Idaho requiring victim notification of offender court and incarceration status. Moneys deposited to the fund shall be paid to the Idaho sheriffs’ association on a quarterly basis for the reimbursement of all costs associated with administering the SAVIN system. The director of the Idaho state police is authorized to allocate up to five percent (5%) of the moneys in the fund for reimbursement of all administrative expenses in relation to its administration of the fund. At the end of each state fiscal year, all moneys remaining in the fund after all costs for the administration of the SAVIN system have been paid, less one quarter’s operating and administrative moneys, shall be remitted to the crime victims compensation account established in section 72-1009 , Idaho Code. The state treasurer shall invest all moneys in the state victim notification fund and interest and proceeds earned shall be retained in the fund. The Idaho sheriffs’ association shall provide evidence of an independent audit of the moneys received and expenditures made under this section to the Idaho state police on a yearly basis and shall be subject to audit by the Idaho state controller at the discretion of the state controller. (2) The state victim notification fund shall be funded as provided in section 31-3204 , Idaho Code. History: [67-2912, added 2012, ch. 114, sec. 2, p. 317.]
67-2913
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2913. Search and rescue fund. There is hereby created in the state treasury the search and rescue fund. (1) Moneys in the fund shall be maintained in four (4) subaccounts, identified respectively as the cost reimbursement subaccount, the training subaccount, the catastrophic search subaccount and the equipment purchase matching subaccount. Moneys in the cost reimbursement subaccount are perpetually appropriated to and shall be used by the director of the Idaho state police for the purpose of defraying costs of search and rescue missions conducted by the county sheriff’s office at a maximum of eight thousand dollars (25,000), the amount in excess shall be transferred to the equipment purchase matching subaccount. (2) Fifty percent (50%) of the moneys received pursuant to the provisions of section 36-1405 , Idaho Code, and any amount in excess of twenty-five thousand dollars (2,000) per unit in any single year. The cost sharing match in the equipment purchase matching subaccount shall be thirty-five percent (35%) local funds to sixty-five percent (65%) from the equipment purchase matching subaccount. In the event the balance in the equipment purchase matching subaccount exceeds fifteen thousand dollars (20,000), the amount in excess shall be transferred to the catastrophic search subaccount. Such moneys shall be perpetually appropriated to the director of the Idaho state police for the purposes of the subaccounts. Moneys in the training subaccount shall be used by the director for the purpose of providing training funds to sheriffs’ offices for search and resc
67-2913A
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2913A. Snowmobile search and rescue fund — Advisory committee. (1) There is hereby created in the state treasury the snowmobile search and rescue fund. Moneys in the snowmobile search and rescue fund shall be perpetually appropriated to and shall be used by the director of the Idaho state police for the purpose of defraying costs of search and rescue operations which are conducted by a county sheriff’s office to assist or recover individuals riding snowmobiles, and for no other purpose. One hundred percent (100%) of the moneys distributed to the fund pursuant to section 67-7106 , Idaho Code, shall be deposited to the credit of the state snowmobile search and rescue fund. The fund shall be administered in the same manner as the state search and rescue fund created in section 67-2913 , Idaho Code. The director of the Idaho state police is authorized to allocate up to ten percent (10%) of the moneys for reimbursement of administrative expenses. (2) In the event the balance in the state snowmobile search and rescue fund exceeds thirty thousand dollars (30,000) shall be divided into two (2) equal parts and distributed to the: (a) Training subaccount of the search and rescue fund created in section 67-2913 , Idaho Code; and (b) State snowmobile fund created in section 67-7106 , Idaho Code, to be used exclusively by the director of the Idaho department of parks and recreation for snowmobile trail groomer replacement. (3) The state treasurer shall invest all moneys in the state snowmobile search and rescue fund and the interest and proceeds earned on such investments shall be returned to the state snowmobile search and rescue fund. (4) In the event that all moneys in the state snowmobile search and rescue fund are exhausted or no longer available, nothing in this chapter shall be construed to absolve any entity which would otherwise provide applicable services, from conducting search and rescue operations to assist or recover individuals riding snowmobiles. Nothing in this chapter shall be construed to limit recovery of moneys solely to the state snowmobile search and rescue fund for search and rescue operations assisting or recovering individuals riding snowmobiles. (5) A three (3) member advisory committee shall review the operation and disbursement of moneys from the fund at the end of each fiscal year, and shall report to the fund administrator any proposed guidelines or policies deemed appropriate to improve operation of the fund. The committee shall be comprised of one (1) representative from the Idaho state snowmobile association, one (1) representative from the Idaho sheriffs’ association, and one (1) representative appointed by the director of the Idaho department of parks and recreation. The respective organizations shall be responsible for reimbursing their member representative for any expe
67-2914
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2914. Idaho law enforcement fund established. For the purposes of the Idaho state police, there is established in the state treasury of the state of Idaho the Idaho law enforcement fund, to which shall be deposited funds as provided by law. History: [(67-2914) I.C. 49-1301, as added by 1983, ch. 179, sec. 5, p. 487; am. 1984, ch. 195, sec. 28, p. 445; am. 1985, ch. 253, sec. 6, p. 497; am. & redesig. 1988, ch. 265, sec. 582, p. 878; am. and redesig. 1995, ch. 116, sec. 16, p. 396; am. 2000, ch. 469, sec. 13, p. 1465; am. 2009, ch. 333, sec. 5, p. 970; am. 2011, ch. 68, sec. 4, p. 143.]
67-2915
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2915. Statistical report of malicious harassment crimes. The director of the Idaho state police shall annually submit to the governor and the chairman of the judiciary and rules committee in the senate and the chairman of the judiciary, rules and administration committee in the house of representatives a report on malicious harassment crimes, as that crime is defined in section 18-7902 , Idaho Code. Report content shall be limited to statistical data and shall be presented in conformance with the provisions of section 74-124 , Idaho Code. All city, county and state law enforcement units shall be required to report to the director all incidences of, complaints on, and arrests for malicious harassment crimes within their respective jurisdictions. The director shall develop a standard procedure and shall prescribe and provide a standard form for complete and uniform reporting. History: [(67-2915) 1989, ch. 243, sec. 1, p. 592; am. and redesig. 1995, ch. 116, sec. 17, p. 396; am. 2000, ch. 469, sec. 14, p. 1465; am. 2015, ch. 141, sec. 170, p. 514.]
67-2916
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2916. Reports of murders. (1) As used in this section: (a) Director means the director of the Idaho state police. (b) Murder has the meaning provided in section 18-4003 , Idaho Code. (2) Any law enforcement agency within the state of Idaho having primary responsibility for the investigation of the case shall provide information relating to any suspected murder to the director within twenty-five (25) days after its discovery. The law enforcement agency shall submit the information on a form which shall be developed and provided by the director. The form shall contain only information necessary to aid law enforcement personnel in comparing murders and suspected murders and discovering those exhibiting similar characteristics. The director shall enter information submitted by an investigating agency into a file maintained and controlled by the director and shall compare such information to information on other murders or suspected murders, for the purpose of discovering similarities in criminal methods and suspect descriptions. The director shall advise the concerned investigating agencies if the director finds murders exhibiting similar criminal methods or suspect descriptions. (3) When an investigating law enforcement agency terminates active investigation of a suspected murder due to an arrest having been made in the case, death of the primary suspect, or whatever other reason, the investigating agency shall so notify the director within thirty (30) days following such termination. Notification shall include the reason for terminating active investigation. (4) All suspected murders coming under the jurisdiction of any law enforcement agency in the state of Idaho occurring less than one (1) year before the effective date of this section shall be reported to the director as provided in this section within sixty-five (65) days after the effective date of this section or thirty (30) days after the director provides forms for such purpose, whichever is later. History: [(67-2916) 1990, ch. 66, sec. 1, p. 145; am. and redesig. 1995, ch. 116, sec. 18, p. 396; am. 2000, ch. 469, sec. 15, p. 1465.]
67-2917
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2917. Hazardous waste. Wherever hazardous waste, as defined in section 39-4403 , Idaho Code, is being transported within the state, within the state to without the state, or from without the state to within the state, the operator or owner of the motor vehicle or trailer, as defined in chapter 1, title 49 , Idaho Code, transporting hazardous waste is hereby required to stop at such ports of entry or checking stations and submit to inspection or weighing for compliance with the laws of the state of Idaho. Additionally, such owner or operator of the motor vehicle or trailer transporting hazardous waste is hereby required and directed to allow employees of the department of environmental quality, authorized Idaho transportation department employees or the state police or any peace officer on duty to inspect and review all manifests and bills of lading to ensure that such hazardous waste is being shipped in a manner which will not endanger the health, welfare or safety of the citizens of the state of Idaho and is being shipped in compliance with the laws of the state of Idaho and any rules promulgated pursuant thereto. History: [(67-2917) 1984, ch. 205, sec. 11, p. 510; am. 1988, ch. 265, sec. 584, p. 879; am. and redesig. 1995, ch. 116, sec. 19, p. 397; am. 1999, ch. 383, sec. 22, p. 1072; am. 2001, ch. 103, sec. 100, p. 340.]
67-2918
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2918. Penalties. (1) Any person failing to stop at any port of entry or checking station when so required by section 67-2917 , Idaho Code, or who refuses to submit to the inspection or weighing as provided in that section or who refuses to allow inspection or review of any manifest or bill of lading, shall be guilty of a misdemeanor and shall be subject to a fine of not more than ten thousand dollars (10,000), imprisonment for a period of not more than six (6) months or by both such fine and imprisonment. This penalty shall be in addition to any other civil or criminal penalties which may be provided by law. History: [(67-2918) 1984, ch. 205, sec. 12, p. 511; am. and redesig. 1995, ch. 116, sec. 20, p. 398.]
67-2919
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2919. testing and retention of SEXUAL ASSAULT EVIDENCE kits. (1) Except as provided in subsection (8) of this section, evidence obtained in a sexual assault evidence kit shall be tested by the Idaho state police forensic services laboratory according to sampling protocols and procedures established by the laboratory. (2) (a) An entity that performs a medical examination of a victim of a reported sexual assault using a sexual assault evidence kit shall do so without regard to the ability or inability of a victim of a reported sexual assault to pay for such an examination. (b) An entity qualified and reasonably able to perform a medical examination of a victim of a reported sexual assault using a sexual assault evidence kit shall not deny a medical examination to a victim of a reported sexual assault. (3) An entity that has performed a medical examination of a victim of a reported sexual assault using a sexual assault evidence kit shall notify the local law enforcement agency of the jurisdiction where the reported sexual assault occurred that sexual assault evidence has been collected and is ready for law enforcement to take custody of such evidence according to its established protocol. The medical entity collecting the kit shall document in the state kit tracking system any required fields. (4) A local law enforcement agency that receives notice from an entity that has performed a medical examination of a victim of a reported sexual assault as described in subsection (3) of this section shall facilitate the collection of the sexual assault evidence kit and any other collected evidence from the entity that has performed a medical examination of a victim of a reported sexual assault. After obtaining the sexual assault evidence kit and any other collected evidence from the entity that has performed a medical examination of a victim of a reported sexual assault, the local law enforcement agency shall submit such kit, in adherence to the submission policies of the Idaho state police forensic services laboratory, to the Idaho state police forensic services laboratory for testing as soon as reasonably practical, but not later than thirty (30) days after obtaining the kit. If kit submission to the Idaho state police forensic services laboratory is not done within the thirty (30) day time limit or testing is not done by the Idaho state police forensic services laboratory within the ninety (90) day additional time limit established in this subsection, it shall not affect the ability to prosecute or defeat the jurisdiction of the court. Any law enforcement agency with sexual assault evidence kits or other sexual assault case evidence belonging to another jurisdiction must notify that jurisdiction within seven (7) days of obtaining the kits or evidence, and the receiving jurisdiction must pick up the sexual assault evidence kits or other sexual assault case evidence within seven (7)
67-2920
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2920. blue alert system. (1) There is hereby established a statewide alert system known as Blue Alert that shall be developed and implemented by the Idaho state police. (2) As used in this section: (a) Law enforcement agency means a law enforcement agency with jurisdiction over the search for a suspect in a case involving the death or serious injury of a peace officer or an agency employing a peace officer who is missing in the line of duty; and (b) Peace officer means a person who is certified to exercise the powers of arrest. (3) The blue alert system may be activated: (a) When a suspect for a crime involving the death or serious injury of a peace officer has not been apprehended and law enforcement personnel have determined that the suspect may be a serious threat to the public; or (b) When a peace officer becomes missing while in the line of duty under circumstances warranting concern for such peace officer’s safety. (4) Upon notification by a law enforcement agency that a suspect in a case involving the death or serious injury of a peace officer has not been apprehended and may be a serious threat to the public or to a peace officer or that a peace officer is missing in the line of duty under circumstances warranting concern for such peace officer’s safety, the state police shall activate the blue alert system and notify appropriate participants in the blue alert system, as established by rule, if: (a) A law enforcement agency believes that a suspect has not been apprehended; (b) A law enforcement agency believes that the suspect may be a serious threat to the public; and (c) Sufficient information is available to disseminate to the public that could assist in locating the suspect or the missing peace officer. The area of the alert may be less than statewide if the division determines that the nature of the event makes it probable that the suspect did not leave a certain geographic location. (5) Before requesting activation of the blue alert system, a law enforcement agency shall verify that the criteria described in subsection (4) of this section has been satisfied. The law enforcement agency shall assess the appropriate boundaries of the alert based on the nature of the suspect and the circumstances surrounding the crime or the last known location of the missing peace officer. (6) The state police shall terminate the blue alert with respect to a particular incident if: (a) The suspect or peace officer is located or the incident is otherwise resolved; or (b) The state police determine that the blue alert system is no longer an effective tool for locating the suspect or the peace officer. Law enforcement agencies shall notify the division immediately when the suspect is located and in custody or the peace officer is found. (7) Any entity or individual involved in the dissemination of a blue alert generated pursuant to this section shall not be liable for any civil d
67-2921
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2921. TRANSPORTATION OF INDUSTRIAL HEMP. (1) As used in this section: (a) 2014 farm bill means the agriculture act of 2014, P.L. 113-79. (b) 2018 farm bill means the agriculture improvement act of 2018, P.L. 115-334. (c) Hemp or industrial hemp means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis, as defined in the 2018 farm bill. (d) Peace officer has the same meaning as provided in section 19-5101 , Idaho Code. (e) Transporter means any person, individual, partnership, corporation, association, grower, farmer, producer, or any other entity engaged in hauling, transporting, delivering, or otherwise moving hemp in interstate or intrastate commerce. (f) Vehicle has the same meaning as provided in section 49-123 , Idaho Code. (2) Any rule formulated and recommended by the Idaho state police or the Idaho state department of agriculture regarding the interstate or intrastate transportation of hemp by a transporter or vehicle hauling industrial hemp that is broader in scope or more stringent than federal law or regulations as outlined in the 2014 farm bill and the 2018 farm bill or that proposes to regulate an activity not regulated by the federal government is subject to the following additional requirements: the notice of proposed rulemaking and rulemaking record requirements under chapter 52, title 67 , Idaho Code, must clearly specify that the proposed rule, or portions of the proposed rule, are broader in scope or more stringent than federal law or regulations or regulate an activity not regulated by the federal government and delineate which portions of the proposed rule are broader in scope or more stringent than federal law or regulations or regulate an activity not regulated by the federal government. Such rules must be promulgated and adopted through the negotiated rulemaking process. (3) When a transporter or vehicle hauling industrial hemp pursuant to a license under the provisions of the 2014 farm bill, the 2018 farm bill, or 7 CFR 990.1 et seq., is lawfully detained by a peace officer, the transporter of industrial hemp must consent to inspection of the shipment for the purpose of ensuring compliance with the 2014 farm bill, the 2018 farm bill, and 7 CFR 990.1 et seq. The peace officer may randomly select reasonably sized samples not to exceed twenty (20) grams per sampling event for each unique lot, package, or identified quantity and retain them for future off-site testing. Transporters are not entitled to compensation for these de minimis samples. The length of the detention must be only as long as reasonably necessary to effectuate inspection, sampling, and weighing of industrial hemp. (
67-2922
TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 29 IDAHO STATE POLICE 67-2922. ENDANGERED MISSING PERSON ALERT. (1) There is hereby established a statewide alert system known as the Endangered Missing Person Alert that shall be developed and implemented by the Idaho state police missing person clearinghouse. The endangered missing person alert system shall be a program of voluntary cooperation between broadcasters, cable systems, and local and state agencies to enhance the public’s ability to assist in recovering missing and endangered persons. (2) As used in this section: (a) Law enforcement agency means a law enforcement agency with jurisdiction over the search for a suspect in a case involving an endangered missing person; and (b) Missing person means a person whose whereabouts are unknown to a parent, guardian, caretaker, or others who have normal contact with the person. (3) An endangered missing person alert plan shall be developed by a committee, whose membership shall be determined by the director of the Idaho state police, with members from city, county, state, and tribal law enforcement, broadcasters, emergency management officials, and vulnerable population commissions. Such plan shall provide for the use of the emergency alert system, the wireless emergency alert system, and the state police notification system. The endangered missing person alert advisory and review committee shall provide administrative oversight to develop, implement, review, and recommend revisions to the endangered missing person alert plan. (4) An endangered missing person alert shall not be issued under the same criteria as an Amber alert and shall not be distributed automatically statewide. An endangered missing person alert may be distributed based on the geographic area in which the missing person was last seen or is believed to be. An endangered missing person alert shall be issued with the information available to law enforcement, and lack of detailed information shall not preclude the issuance of an alert. For an incident to qualify for issuance of an endangered missing person alert, an individual, regardless of age: (a) Must be reported missing to a law enforcement agency; (b) Must be, or must be believed to be, a temporary or permanent resident of Idaho; (c) Must be at a location that cannot be determined by a person familiar with the missing individual; and (d) Must be someone: (i) Who is incapable of returning to the missing individual’s residence without assistance by reason of: 1. Mental illness; 2. Intellectual disability; 3. Dementia; 4. Weather conditions; or 5. Another physical or mental incapacity that requires care of the individual or management of the individual’s property; (ii) Who is missing as the result of abduction by a stranger and does not meet the criteria for an Amber alert or blue alert; (iii) Who is missing under unexplained, involuntary, or suspicious circumstances; (iv) Whose disappearance may be the result of the commission