Sections
Chapter 1 Public Records Act 74-101 – 74-126
Chapter 2 Open Meetings Law 74-201 – 74-208
Chapter 4 Ethics in Government 74-401 – 74-406
Chapter 5 Prohibitions Against Contracts With Officers 74-501 – 74-511
Chapter 6 Public Integrity in Elections Act 74-601 – 74-606

Terms Used In Idaho Code > Title 74

  • Advocate: means to campaign for or against a candidate or the outcome of a ballot measure. See Idaho Code 74-603
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Applicant: means any person formally seeking a paid or volunteer position with a public agency. See Idaho Code 74-101
  • Arrest: Taking physical custody of a person by lawful authority.
  • Ballot measure: means constitutional amendments, bond measures or levy measures. See Idaho Code 74-603
  • Candidate: means and includes every person for whom it is contemplated or desired that votes be cast at any political convention, primary, general, local or special election and who either tacitly or expressly consents to be so considered. See Idaho Code 74-603
  • Child: means an individual less than eighteen (18) years of age and not emancipated by either marriage or legal proceeding. See Idaho Code 30-23-104
  • Copy: means transcribing by handwriting, photocopying, duplicating machine and reproducing by any other means so long as the public record is not altered or damaged. See Idaho Code 74-101
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Custodian: means the person or persons having personal custody and control of the public records in question. See Idaho Code 74-101
  • Decision: means any determination, action, vote or final disposition upon a motion, proposal, resolution, order, ordinance or measure on which a vote of a governing body is required, at any meeting at which a quorum is present, but shall not include those ministerial or administrative actions necessary to carry out a decision previously adopted in a meeting held in compliance with this chapter. See Idaho Code 74-202
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deliberation: means the receipt or exchange of information or opinion relating to a decision, but shall not include informal or impromptu discussions of a general nature that do not specifically relate to a matter then pending before the public agency for decision. See Idaho Code 74-202
  • Department: means the department of health and welfare. See Idaho Code 30-23-104
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Emergency: means a situation in which the child’s condition, as evidenced by recent behavior, poses a significant threat to the health or safety of the child, his family or others, or poses a serious risk of substantial deterioration in the child’s condition which cannot be eliminated by the use of supportive services or intervention by the child’s parents, or mental health professionals, and treatment in the community while the child remains in his family home. See Idaho Code 30-23-104
  • Executive session: means any meeting or part of a meeting of a governing body that is closed to any persons for deliberation on certain matters. See Idaho Code 74-202
  • Expenditure: means :
Idaho Code 74-603
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means the members of any public agency that consists of two (2) or more members, with the authority to make decisions for or recommendations to a public agency regarding any matter. See Idaho Code 74-202
  • Independent public body corporate and politic: means the Idaho housing and finance association as created in chapter 62, title 67, Idaho Code. See Idaho Code 74-101
  • Inspect: means the right to listen, view and make notes of public records as long as the public record is not altered or damaged. See Idaho Code 74-101
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Investigatory record: means information with respect to an identifiable person, group of persons or entities compiled by a public agency or independent public body corporate and politic pursuant to its statutory authority in the course of investigating a specific act, omission, failure to act, or other conduct over which the public agency or independent public body corporate and politic has regulatory authority or law enforcement authority. See Idaho Code 74-101
  • Involuntary treatment: means treatment, services and placement of children provided without consent of the parent of a child, under the authority of a court order obtained pursuant to this chapter, as directed by an order of disposition issued by a designated employee of the department of health and welfare under section 16-2415, Idaho Code. See Idaho Code 30-23-104
  • Law enforcement agency: means any state or local agency given law enforcement powers or which has authority to investigate, enforce, prosecute or punish violations of state or federal criminal statutes, ordinances or regulations. See Idaho Code 74-101
  • Local agency: means a county, city, school district, municipal corporation, district, public health district, political subdivision, or any agency thereof, or any committee of a local agency, or any combination thereof. See Idaho Code 74-101
  • Meeting: means the convening of a governing body of a public agency to make a decision or to deliberate toward a decision on any matter. See Idaho Code 74-202
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Person: means any natural person, corporation, partnership, firm, association, joint venture, state or local agency or any other recognized legal entity. See Idaho Code 74-101
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Prisoner: means a person who has been convicted of a crime and is either incarcerated or on parole for that crime or who is being held in custody for trial or sentencing. See Idaho Code 74-101
  • Property or resources: means goods, services, equipment, computer software and hardware, other items of intangible property, or facilities provided to or for the benefit of a candidate, a candidate’s personal campaign committee, a political issues committee for political purposes, or advocacy for or against a ballot measure or candidate. See Idaho Code 74-603
  • Public agency: means any state or local agency as defined in this section. See Idaho Code 74-101
  • Public agency: means :
  • Idaho Code 74-202
  • Public entity: means the state, each state agency, county, municipality, school district or other taxing district or public corporation empowered to submit ballot measures to its electors. See Idaho Code 74-603
  • Public funds: means any money received by a public entity from appropriations, taxes, fees, interest or other returns on investment. See Idaho Code 74-603
  • Public official: means any state, county, local district, independent public body corporate and politic or governmental official or employee, whether elected, appointed or hired. See Idaho Code 74-101
  • Public official: means an elected or appointed member of a public entity who has:
  • Idaho Code 74-603
  • Public record: includes , but is not limited to, any writing containing information relating to the conduct or administration of the public’s business prepared, owned, used or retained by any state agency, independent public body corporate and politic or local agency regardless of physical form or characteristics. See Idaho Code 74-101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Regular meeting: means the convening of a governing body of a public agency on the date fixed by law or rule, to conduct the business of the agency. See Idaho Code 74-202
  • Requester: means the person requesting examination and/or copying of public records pursuant to section 74-102, Idaho Code. See Idaho Code 74-101
  • Roll call vote : A vote in which each legislator votes "yea" or "nay" as his or her name is called by the Clerk, so that the names of legislators voting on each side are recorded.
  • Serious emotional disturbance: means an emotional or behavioral disorder, or a neuropsychiatric condition which results in a serious disability, and which requires sustained treatment interventions, and causes the child’s functioning to be impaired in thought, perception, affect or behavior. See Idaho Code 30-23-104
  • Special meeting: is a convening of the governing body of a public agency pursuant to a special call for the conduct of business as specified in the call. See Idaho Code 74-202
  • Special therapy: means any treatment modality used to treat children with serious emotional disturbances which is subject to restrictions or special conditions imposed by the department of health and welfare rules. See Idaho Code 30-23-104
  • State agency: means every state officer, department, division, bureau, commission and board or any committee of a state agency including those in the legislative or judicial branch, except the state militia and the Idaho state historical society library and archives. See Idaho Code 74-101
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treatment facility: means a facility or program meeting applicable licensing standards, that has been approved for the provisions of services under this chapter by the department of health and welfare. See Idaho Code 30-23-104
  • Writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See Idaho Code 73-114
  • Writing: includes , but is not limited to, handwriting, typewriting, printing, photostating, photographing and every means of recording, including letters, words, pictures, sounds or symbols or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums or other documents. See Idaho Code 74-101