T73CH1

Title 73 > T73CH1

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73-101

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-101. Codes not retroactive. No part of these compiled laws is retroactive, unless expressly so declared. History: [(73-101) C.C.P. 1881, sec. 2; R.S., sec. 3; reen. R.C., sec. 3; reen. C.L. 500:3; C.S., sec. 9443; I.C.A., sec. 70-101.]

73-102

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-102. Codes liberally construed — Multiple amendments to be compiled . (1) The rule of the common law that statutes in derogation thereof are to be strictly construed, has no application to these compiled laws. The compiled laws establish the law of this state respecting the subjects to which they relate, and their provisions and all proceedings under them are to be liberally construed, with a view to effect their objects and to promote justice. (2) If multiple amendments to a single section of the Idaho Code have been or are made during a legislative session, and if the amendments can be read into the section without conflict, such amendments shall all be effective and shall be compiled as if made by a single enactment. History: [73-102, added C.C.P. 1881, sec. 3; R.S., sec. 4; reen. R.C., sec. 4; reen. C.L. 500:4; C.S., sec. 9444; reen. 1899, ch. 5, sec. 2, p. 147; reen. R.C., sec. 5150; reen. C.L. 500:4; I.C.A., sec. 70-102; am. 1978, ch. 325, sec. 1, p. 820.]

73-103

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-103. Codes continue existing law. The provisions of these compiled laws, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments. History: [(73-103) C.C.P. 1881, sec. 4; R.S., sec. 5; reen. R.C., sec. 5; reen. C.L. 500:5; C.S., sec. 9445; I.C.A., sec. 70-103.]

73-104

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-104. Tenure of offices preserved. All persons who at the time these compiled laws take effect hold office under any of the acts repealed, continue to hold the same according to the tenure thereof, except those offices which are not continued by these compiled laws. History: [(73-104) R.S., sec. 6; reen. R.C., sec. 6; reen. C.L. 500:6; C.S., sec. 9446; I.C.A., sec. 70-104.]

73-105

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-105. Certain offices to cease. When any office is abolished by the repeal of any act, and such act is not in substance re-enacted or continued in the compiled laws, such office ceases at the time the compiled laws take effect. History: [(73-105) R.S., sec. 7; reen. R.C., sec. 7; reen. C.L. 500:7; C.S., sec. 9447; I.C.A., sec. 70-105.]

73-106

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-106. Accrued rights and pending actions not affected. No action or proceeding commenced before the compiled laws take effect, and no right accrued, is affected by their provisions, but the proceedings therein must conform to the requirements of the compiled laws as far as applicable. History: [(73-106) C.C.P. 1881, sec. 5; R.S., sec. 8; reen. R.C., sec. 8; reen. C.L. 500:8; C.S., sec. 9448; I.C.A., sec. 70-106.]

73-107

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-107. Limitations not tolled. When a limitation or period of time prescribed in any existing statute for acquiring a right, or barring a remedy, or for any other purpose, has begun to run before these compiled laws go into effect, and the same or any limitation is prescribed in these compiled laws, the time which has already run shall be deemed part of the time herein prescribed as such limitation. History: [(73-107) C.C.P. 1881, sec. 6; R.S., sec. 9; reen. R.C., sec. 9; reen. C.L. 500:9; C.S., sec. 9449; I.C.A., sec. 70-107.]

73-108

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-108. Holidays enumerated. Holidays, within the meaning of these compiled laws, are: Every Sunday; January 1 (New Year’s Day); Third Monday in January (Martin Luther King, Jr.-Idaho Human Rights Day); Third Monday in February (Washington’s Birthday); Last Monday in May (Memorial Day); July 4 (Independence Day); First Monday in September (Labor Day); Second Monday in October (Columbus Day); November 11 (Veterans Day); Fourth Thursday in November (Thanksgiving Day); December 25 (Christmas); Every day appointed by the President of the United States, or by the governor of this state, for a public fast, thanksgiving, or holiday. Any legal holiday that falls on Saturday, the preceding Friday shall be a holiday and any legal holiday enumerated herein other than Sunday that falls on Sunday, the following Monday shall be a holiday. History: [(73-108) C.C.P. 1881, sec. 7, R.S., sec. 10; reen. R.C., sec. 10; am. 1909, p. 27; am. 1911, ch. 102, p. 344; am. 1911, ch. 158, p. 482; compiled and reen. C.L. 500:10; C.S., sec. 9450; am. 1925, ch. 80, sec. 1, p. 114; I.C.A., sec. 70-108; am. 1943, ch. 36, sec. 1, p. 68; am. 1945, ch. 38, sec. 1, p. 49; am. 1955, ch. 19, sec. 1, p. 38; am. 1969, ch. 11, sec. 1, p. 15; am. 1973, ch. 16, sec. 1, p. 32; am. 1977, ch. 167, sec. 2, p. 432; am. 1990, ch. 371, sec. 2, p. 1022; am. 2002, ch. 146, sec. 3, p. 423.]

73-108A

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-108A. Children’s day. April 30 shall be designated as Children’s Day/El Dia de los Ninos commemorative day in recognition of the importance of children to families and to communities. It is a day to celebrate the value of children and to focus on the importance of creating a future for children full of hope, health and success. Communities are encouraged to participate with special events and with children as the center of activity. History: [73-108A, added 2003, ch. 110, sec. 1, p. 348.]

73-108B

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-108B. Constitutional commemorative day. September 17 shall be designated as constitutional commemorative day. The superintendent of public instruction shall be responsible for developing programs and suitable recognition of the constitution of the United States in conjunction with the commemorative day to be held annually on the anniversary of the signing of the constitution. History: [73-108B, added 1989, ch. 77, sec. 1, p. 139.]

73-108C

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-108C. IDAHO day. March 4 shall be designated as Idaho day. If March 4 falls on a Sunday, the following Monday shall be celebrated as Idaho day; and if March 4 falls on a Saturday, the preceding Friday shall be celebrated as Idaho day. The governor of the state of Idaho shall issue a proclamation each year marking Idaho day. The president pro tempore of the senate and the speaker of the house of representatives shall conduct appropriate ceremonies and programs on Idaho day to honor Idaho’s heritage. The Idaho state historical society shall conduct appropriate activities and be encouraged to create exhibitions to commemorate Idaho day. The people of Idaho shall be encouraged to display the Idaho and United States flags on Idaho day. Idaho day shall not constitute a reason to close state and political subdivision offices. History: [73-108C, added 2014, ch. 31, sec. 2, p. 46; am. 2016, ch. 162, sec. 1, p. 445.]

73-109

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-109. Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day, and including the last unless the last is a holiday and then it is also excluded. History: [(73-109) C.C.P. 1881, sec. 8; R.S., sec. 11; reen. R.C., sec. 11; reen. C.L. 500:11; C.S., sec. 9451; I.C.A., sec. 70-109.]

73-110

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-110. Computation of time — Obligations maturing on holidays. Whenever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next business day, with the same effect as if it had been performed upon the day appointed. History: [(73-110) C.C.P. 1881, sec. 9; R.S., sec. 12; reen. R.C., sec. 12; reen. C.L. 500:12; C.S., sec. 9452; I.C.A., sec. 70-110.]

73-111

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-111. Seal defined. When the seal of a court, public officer or person is required by law to be affixed to any paper, the word seal includes an impression of such seal upon the paper, alone, as well as upon wax or a wafer affixed thereto; or, alternatively, the seal may be the mark of a rubber stamp providing substantially the same information as the impression. History: [73-111, added C.C.P. 1881, sec. 10; R.S., sec. 13; reen. R.C., sec. 13; reen. C.L. 500:13; C.S., sec. 9453; I.C.A., sec. 70-111; am. 1979, ch. 203, sec. 2, p. 584.]

73-112

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-112. Joint authority construed. Words giving a joint authority to three (3) or more public officers, or other persons, are construed as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority. History: [(73-112) C.C.P. 1881, sec. 11; R.S., sec. 14; reen. R.C., sec. 14; reen. C.L. 500:14; C.S., sec. 9454; I.C.A., sec. 70-112.]

73-113

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-113. Construction of words and phrases. (1) The language of a statute should be given its plain, usual and ordinary meaning. Where a statute is clear and unambiguous, the expressed intent of the legislature shall be given effect without engaging in statutory construction. The literal words of a statute are the best guide to determining legislative intent. (2) If a statute is capable of more than one (1) conflicting construction, the reasonableness of the proposed interpretations shall be considered, and the statute must be construed as a whole. Interpretations which would render the statute a nullity, or which would lead to absurd results, are disfavored. (3) Words and phrases are construed according to the context and the approved usage of the language, but technical words and phrases, and such others as have acquired a peculiar and appropriate meaning in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition. History: [(73-113) C.C.P. 1881, sec. 12; R.S., sec. 15; reen. R.C., sec. 15; reen. C.L. 500:15; C.S., sec. 9455; I.C.A., sec. 70-113; am. 2013, ch. 335, sec. 1, p. 873.]

73-114

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-114. Statutory terms defined. (1) Unless otherwise defined for purposes of a specific statute: (a) Words used in these compiled laws in the present tense, include the future as well as the present; (b) Words used in the masculine gender, include the feminine and neuter; (c) The singular number includes the plural and the plural the singular; (d) The word person includes a corporation as well as a natural person; (e) Writing includes printing; (f) Oath includes affirmation or declaration, and every mode of oral statement, under oath or affirmation, is embraced by the term testify, and every written one in the term depose ; (g) Signature or subscription includes mark, when the person cannot write, his name being written near it, and witnessed by a person who writes his own name as a witness. (2) The following words have, in the compiled laws and rules and policies of the state of Idaho, the signification attached to them in this section, unless otherwise apparent from the context: (a) Boy means a minor human male. (b) Father means a male parent. (c) Female means an individual who has, had, will have, or, but for a developmental or genetic anomaly or historical accident, would have the reproductive system that at some point produces, transports, and utilizes eggs for fertilization. (d) Gender, when used to refer to males, females, or the natural differences between males and females, shall be considered a synonym for sex and shall not be considered a synonym for gender identity, an internal sense of gender, experienced gender, gender expression, or gender role. This definition shall not apply when the term gender is used in conjunction with other words or as an adjective to modify other words. (e) Girl means a minor human female. (f) Intellectual disability means significantly subaverage general intellectual functioning that is accompanied by significant limitations in adaptive functioning in at least two (2) of the following skill areas: communication, self-care, home living, social or interpersonal skills, use of community resources, self-direction, functional academic skills, work, leisure, health and safety. The onset of significantly subaverage general intelligence functioning and significant limitations in adaptive functioning must occur before age eighteen (18) years. (g) Male means an individual who has, had, will have, or, but for a developmental or genetic anomaly or historical accident, would have the reproductive system that at some point produces, transports, and utilizes sperm for fertilization. (h) Month means a calendar month, unless otherwise expressed. (i) Mother means a female parent. (j) Personal property includes money, goods, chattels, things in action, evidences of debt and general intangibles as defined in the uniform commercial code — secured transactions. (k) Property includes both real and personal property. (l) Real property is coextensive with lands,

73-114A

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-114A. legislative intent on respectful language. (1) It is the intent of the legislature that the Idaho Code be amended to remove certain archaic language related to the condition of individuals. Certain terms, such as idiots, handicap, retarded, lunatic and deficient, when applied to individuals, have outlived their usefulness. The term intellectual disability as used in this act is intended to replace the term mental retardation as previously used in the Idaho Code. (2) The legislature intends that the emphasis should be on people first, rather than on archaic labels. Therefore, any new or amended section of the Idaho Code should incorporate more modern and people first language when referring to the condition of individuals, as used in this act. (3) The legislature further intends that rules promulgated under the administrative procedure act, chapter 52, title 67 , Idaho Code, after the effective date of this act, should incorporate more modern and people first language when referring to the condition of individuals, as used in this act. Where appropriate and when the use of more modern and people first language will not substantively change the meaning of a rule, the rules coordinator is encouraged to use the authority provided for in section 67-5202 (2), Idaho Code, to replace archaic language in the administrative code with more modern and people first language, as used in this act. (4) This act’s substitution of more modern and people first language in place of archaic language when referring to the condition of individuals shall not change the substantive interpretation of the amended Idaho Code sections or the case law interpreting those sections. History: [73-114A, added 2010, ch. 235, sec. 73, p. 608.]

73-115

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-115. General repeal of existing law. No statute law is continued in force because it is consistent with the provisions of the compiled laws on the same subject, but in all cases provided for therein all statute laws heretofore in force in this state, whether consistent or not with the provisions of the compiled laws, unless expressly continued in force, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in these compiled laws provided; nor does it affect any local or special statute not expressly repealed; nor does it affect any outstanding unexpended appropriation. History: [73-115) Based on R.S., sec. 17; am. R.C., sec. 17; reen. C.L. 500:17; C.S., sec. 9457; I.C.A., sec. 70-115.]

73-116

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-116. Common law in force. The common law of England, so far as it is not repugnant to, or inconsistent with, the constitution or laws of the United States, in all cases not provided for in these compiled laws, is the rule of decision in all courts of this state. History: [(73-116) 1863, p. 527, sec. 1; R.S., sec. 18; reen. R.C., sec. 18; reen. C.L. 500:18; C.S., sec. 9460; I.C.A., sec. 70-116.]

73-117

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-117. Prior legislation repealed. All general acts and parts and clauses of acts of a general nature passed prior to the fifteenth session of the state legislature, are hereby repealed, and these compiled laws are in force in lieu thereof; but such repeal does not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal takes effect, but all rights and liabilities under said repealed acts continue, in the same manner as if said repeal had not been made. History: [(73-117) R.S., sec. 19; am. R.C., sec. 19; am. C.L. 500:19; C.S., sec. 9461; I.C.A., sec. 70-117.]

73-118

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-118. Past offenses may be prosecuted. All offenses committed and all penalties or forfeitures incurred prior to said repeal, may be prosecuted and punished in the same manner and with the same effect as if said repeal had not been made. History: [(73-118) R.S., sec. 20; reen. R.C., sec. 20; reen. C.L. 500:20; C.S., sec. 9462; I.C.A., sec. 70-118.]

73-119

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-119. Special and local laws continued. The following acts and parts of acts are the local and special statutes which are continued in force, except insofar as the same have been modified, amended, superseded or repealed by other legislation. All others are hereby repealed. 1. All those special and local laws continued in force by an act entitled An act to provide for continuing in force certain special and local laws and repealing all others, approved February 10, 1887, which said local and special laws are embraced within the publication known as Local and special laws of Idaho territory, printed by direction of the fourteenth session of the territorial legislative assembly. 2. All those special and local laws continued in force by the Revised Codes of Idaho, 1908, section 17. 3. An act entitled, An act establishing insurance fund of capitol building annex, deaf, dumb and blind asylum insurance fund, etc., approved Feb. 24, 1909. [1909, p. 21, H.B. 38.] 4. An act amendatory of the establishment of the graded public schools of the city of Lewiston, approved March 6, 1909. [1909, p. 43, H.B. 105.] 5. An act providing for the sale and conveyance by the state board of land commissioners of a tract of land situated within the village of Blackfoot, Idaho, approved March 11, 1909. [1909, p. 65, H.B. 135.] 6. An act amending the charter of Boise City, approved March 11, 1909. [1909, p. 113, H.B. 297.] 7. An act amending an act entitled, An act to create the independent school district of Emmettsville, approved March 15, 1909. [1909, p. 188, H.B. 189.] 8. An act entitled, An act levying and requiring the collection of a special ad valorem tax for the payment of interest upon certain bonds issued by the state of Idaho, etc., approved March 11, 1909. [1909, p. 304, H.B. 308.] 9. An act amending the charter of the city of Bellevue, approved March 11, 1909. [1909, p. 320, H.B. 254.] 10. An act amending an act entitled, An act to create independent school district of Emmettsville, approved March 13, 1909. [1909, p. 340, H.B. 129.] 11. An act providing for the issuing, sale and redemption of state bonds for the purpose of improving the Idaho soldiers’ home, approved March 16, 1909. [1909, p. 365, H.B. 304.] 12. An act providing for the issuing of state bonds for the additional buildings and improvements of the northern Idaho insane asylum, approved March 16, 1909. [1909, p. 368, H.B. 302.] 13. An act providing for the issuing, sale and redemption of state bonds for the purpose of completing the cell house at the state penitentiary, approved March 16, 1909. [1909, p. 370, H.B. 303.] 14. An act entitled, An act providing for the issuance and sale of state bonds to the amount of $55,000 for the Idaho industrial training school, etc., approved March 16, 1909. [1909, p. 376, H.B. 95.] 15. An act entitled, An act to provide for the establishment, building and equipment of a state school for the d

73-121

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-121. English the official state language. (1) English is hereby declared to be the official language of the state of Idaho. (2) Except as provided in this section, the English language is the sole language of the government. (3) Except as provided in subsection (4) of this section, any document, certificate or instrument required to be filed, recorded or endorsed by any officer of this state, or of any county, city or district in this state, shall be in the English language or shall be accompanied by a certified translation in English and all transactions, proceedings, meetings or publications issued, conducted or regulated by, or on behalf of, or representing the state of Idaho, or any county, city or other political subdivision in this state shall be in the English language. (4) Language other than English may be used when required: (a) By the United States Constitution, the Idaho Constitution, federal law or federal regulation; (b) By law enforcement or public health and safety needs; (c) By public schools according to the rules promulgated by the state board of education pursuant to subsection (6) of this section; (d) By the public postsecondary educational institutions to pursue educational purposes; (e) To promote and encourage tourism and economic development, including the hosting of international events; (f) To change the use of non-English terms of art, phrases, proper names or expressions included as part of communication otherwise in English; and (g) By libraries to: (i) Collect and promote foreign language materials; and (ii) Provide foreign language services and activities. (5) Unless exempted by subsection (4) of this section, all state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English shall be returned to the state general fund. (a) Each state agency that has state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English shall: (i) Notify the state controller that those moneys exist and the amount of those moneys; and (ii) Return those moneys to the state controller for deposit into the state general fund. (b) The state controller shall account for those moneys and inform the legislature of the existence and amount of those moneys at the beginning of the legislature’s annual general session. (6) The state board of education shall make rules governing the use of foreign languages in the public schools that promote the following principles: (a) Non-English speaking children and adults should become able to read, write and understand English as quickly as possible; (b) Foreign language instruction should be encouraged; (c) Formal and informal programs in English as a second language should be initiated, continued and expanded; and (d) Public schools should establis

73-122

TITLE 73 GENERAL CODE PROVISIONS CHAPTER 1 CONSTRUCTION OF STATUTES 73-122. Social security number. (1) The social security number of an applicant shall be recorded on any application for a professional, occupational or recreational license. (2) The requirement that an applicant provide a social security number shall apply only to applicants who have been assigned a social security number. (3) An applicant who has not been assigned a social security number shall: (a) Present written verification from the social security administration that the applicant has not been assigned a social security number; and (b) Submit a birth certificate, passport or other documentary evidence issued by an entity other than a state or the United States; and (c) Submit such proof as the department may require that the applicant is lawfully present in the United States. History: [73-122, added 1998, ch. 248, sec. 4, p. 813; am. 1999, ch. 334, sec. 2, p. 910.]