IDAPA 38.04.04
This rule applies to the general public, state employees and elected officials who access parking lots on the capitol mall in Boise.
This rule provides enforceable guidelines for the safe and equitable operation of the parking facilities on the capitol mall.
This rule implements the following statute passed by the Idaho Legislature:
Idaho Department of Administration 650 West State, Room 100 Boise, ID 83706 Phone: (208) 332-1812 Fax: (208) 334-2307 Email: Steven.bailey@adm.idaho.gov https://adm.idaho.gov/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
38.04.04 – Rules Governing Capitol Mall Parking
000. Legal Authority. ... 3
001. Scope. ... 3
002. -- 009. (Reserved) ... 3
010. Definitions. ... 3
011. -- 019. (Reserved) ... 3
020. Parking Lot Locations. ... 3
021. Types Of Available Parking. ... 3
022. Parking Space Allocation. ... 3
023. -- 029. (Reserved) ... 5
030. Parking Permits. ... 5
031. Parking Permit Fees. ... 6
032. -- 039. (Reserved) ... 7
040. Parking Lot Violations. ... 7
041. Enforcement. ... 7
042. Suspension Or Revocation Of Parking Privileges. ... 8
043. Surrender Of Parking Permit. ... 8
044. -- 049. (Reserved) ... 8
050. Loading Zone Parking Spaces. ... 8
051. -- 999. (Reserved) ... 9
Section 67-5708, Idaho Code. (7-1-26)
These rules implement, Section 67-5709, Idaho Code, governing parking in the Capitol Mall. (7-1-26)
01. Capitol Mall. Pursuant to Section 67-5709(2)(b), Idaho Code. (7-1-26)
02. Capitol Mall Employee. A state employee whose assigned work area is in the Capitol Mall, and who receives a state of Idaho-issued paycheck from a tenant of the Capitol Mall. (3-25-22)
03. Employee with a Disability. An employee with a disability as defined in Section 49-117(7)(b), Idaho Code. (3-25-22)
04. Executive Branch Departments. The departments identified in Section 67-2402, Idaho Code, excluding the Department of Self-Governing Agencies. (7-1-26)
05. Security Services. Division of Public Works, Department of Administration. (7-1-26)
06. General Parking. A parking space used for all Capitol Mall employees registered for general parking. (3-25-22)
07. Legislative Personnel. An employee hired by the Legislative branch that receives a state of Idaho-issued paycheck during the Legislative session or is a year round employee of the Legislative branch. (3-25-22)
08. Legislator. A member of the Idaho Senate or the Idaho House of Representatives for the state of Idaho. (3-25-22)
09. Reserved Parking. A parking space assigned to a specific person, vehicle or agency. (3-25-22)
10. State Elected Officials. The governor, lieutenant governor, secretary of state, attorney general, state controller, state treasurer and superintendent of public instruction, for the state of Idaho. (3-25-22)
11. Temporary Contract Employee. An employee of a temporary employment service company who is working temporarily for a tenant of the Capitol Mall, and who does not receive a pay check issued by the state of Idaho. (3-25-22)
12. Visitor. Any person visiting the Capitol Mall to carry out state business or attend a state-sponsored event. (3-25-22)
Capitol Mall Parking manages the parking for the Capitol Mall and spaces in and around the Capitol Mall identified by signage. (7-1-26)
Designated parking spaces are available for reserved parking, state elected officials and directors of executive branch departments, Legislators, disabled employees and state agency vehicles. (7-1-26)
01. Reserved Parking Spaces. (3-25-22)
a. Reserved parking spaces are available for state elected officials and directors of executive branch departments as defined in Subsections 010.05 and 010.11 of these rules. Capitol Mall Parking (CMP) will assign a reserved space to each state elected official and director of executive branch departments upon request. (7-1-26)
b. Reserved parking spaces will be made available to the Senate pro-tem, and the speaker of the House of Representatives. (7-1-26)
c. All other Capitol Mall employees may apply for a reserved parking space. General reserved parking spaces are assigned to Capitol Mall employees on a first-come, first-served basis when designated reserved parking spaces become available. (3-25-22)
d. Reserved parking spaces for state elected officials, directors of executive branch departments and Capitol Mall employees are located in the following parking lots only: the first floor of State Parking Garage #1; the first and second floors of State Parking Garage #2, the Pete T. Cenarrusa building the Capitol Annex, the Borah building parking lot, and the 8th Street parking lot between State and Jefferson Streets. (7-1-26)
e. Parking lot between State and Jefferson Streets. (7-1-26)
f. CMP will determine the location of all reserved parking spaces. (7-1-26)
g. Reserved parking spaces for state elected officials, directors of executive branch departments and Capitol Mall employees will not exceed twenty-five percent (25%) of parking spaces available within the Capitol Mall. (3-25-22)
h. Capitol Mall employees may not sell, trade or barter the right to use their assigned reserved parking space. CMP retains the right to assign, reassign, suspend or revoke Capitol Mall employees' reserved parking spaces at any time. (7-1-26)
i. During Legislative sessions and special sessions, CMP will make available up to one hundred three (103) reserved Legislator parking spaces to Legislators. (7-1-26)
j. Each Legislator will be assigned a reserved Legislator parking space. A Legislator who elects to park in the Capitol Mall is required to pay the fee for the reserved parking permit. (3-25-22)
k. During the Legislative session, Legislator reserved parking spaces will be on the third floor of State Parking Garage #1, 8th Street parking lot, and the Capitol Annex parking lot and will be clearly marked. Their reserved parking permit is only valid in the assigned reserved parking space; the permit is not valid in any other CMP general parking space during the Legislative session. When the Legislature is not in session, their permit will be designated as general parking spaces. (7-1-26)
l. When the Legislature is not in session, Legislators or Legislative personnel who hold a valid CMP permit, may park in any general parking space. (7-1-26)
02. Disabled Employee Parking Spaces. CMP will make available reserved disabled employee parking spaces for employees who have a disability. (7-1-26)
a. A temporarily or permanently disabled employee who has obtained an Americans with Disabilities Act (ADA) placard issued by the Idaho Transportation Department (ITD) may request a reserved disabled employee parking space as close as possible to the employee's work location. (7-1-26)
b. A disabled employee requesting a reserved disabled employee parking space must provide either a copy of his ADA placard issued by the ITD or a copy of the application to the ITD for an ADA placard. (7-1-26)
c. A temporary reserved disabled employee parking space will be provided to any eligible employee who has applied for an ADA placard with the ITD but has not yet received the placard. A temporary reserved disabled parking space will be made available for five (5) working days only per disabled employee. (7-1-26)
d. Reserved disabled employee parking spaces will be marked with signage. (3-25-22)
e. A permit for a reserved disabled employee parking space will be the same fee as a permit for a
general parking space. (3-25-22)
03. State-Owned Vehicles Parking Spaces. CMP will make available designated state-owned vehicle parking spaces. (7-1-26)
a. CMP will make available an indeterminate number of designated state-owned vehicle parking spaces to agency tenants of the Capitol Mall. (7-1-26)
b. Designated state-owned vehicle parking spaces will be in the Capitol Mall lots or garages, and will be clearly marked “State Vehicle Only.” (7-1-26)
c. A Capitol Mall employee may park his personal vehicle in a designated state-owned vehicle parking space when removing a state vehicle for state purposes. The Capitol Mall employee’s personal vehicle must display the reserved state-owned vehicle parking space permit. (3-25-22)
d. A visiting agency employee conducting official business at the Capitol Mall may park a state vehicle in an unoccupied designated state-owned vehicle parking space or in any Capitol Mall visitor parking space. (3-25-22)
04. General Parking Spaces. All other undesignated parking is considered general parking. (3-25-22)
a. All Capitol Mall employees whose parking fees are deducted from their paychecks by the State Controller’s Office may request a general parking permit from CMP. (7-1-26)
b. General parking spaces are available on a first-come, first-served basis, and possession of a valid general parking permit does not guarantee the Capitol Mall employee a general parking space. (3-25-22)
05. Visitor Parking Spaces. CMP will make available a limited number of parking spaces for visitors and the public visiting the Capitol Mall. (7-1-26)
a. Non-metered three (3) hour visitor parking spaces will be available at the parking lot at the Capitol Annex at 514 W. Jefferson Street and on the south side of the parking lot at the State Library Building at 325 W. State Street, and will be clearly marked. (3-25-22)
b. State-owned vehicles that do not belong to the agency tenants of the Capitol Mall, and non-Capitol Mall employees visiting the Capitol Mall on business, may park in visitor parking spaces. (7-1-26)
c. Capitol Mall employees may not park in visitor parking spaces between 6 a.m. and 6 p.m., Monday through Friday, excluding legal holidays with the exception of Human Rights Day and Presidents’ Day. (3-25-22)
d. The maximum period of use of visitor parking spaces in the Capitol Mall is three (3) hours per day per vehicle. A change from one visitor parking space to another visitor parking space does not increase the maximum period of use for each vehicle beyond three (3) hours per day. (3-25-22)
023. -- 029. (RESERVED)
030. PARKING PERMITS.
CMP will issue applicable parking permits to all eligible persons who apply for a permit. (7-1-26)
01. Parking Permits for Reserved, Legislator, Disabled Employee, State-Owned Vehicles and General Parking. (7-1-26)
a. CMP will reissue parking permits once a year. Outdated parking permits must be returned to CMP. (7-1-26)
b. CMP will issue the applicable parking permit to each state elected official, director of an executive branch department, Legislator or employee. (7-1-26)
c. CMP will issue only one (1) parking permit per employee. (7-1-26)
d. All individuals and agency tenants are responsible for displaying the parking permit in the front windshield or other prominent location of the parked vehicle at all times. (7-1-26)
a. An individual performing work or providing services to an agency tenant as a Temporary Contract Employee in the Capitol Mall, but who does not receive a state of Idaho-issued paycheck, may purchase a general monthly parking permit at the same cost as a general parking permit from CMP. (7-1-26)
b. Upon request and receipt of the general parking permit fee, CMP may issue a monthly general parking permit to the following: (7-1-26)
i. Individuals who do not receive a paycheck issued by the state of Idaho but are performing work or providing services to an agency tenant in the Capitol Mall. This includes, but is not limited to, employees of the Idaho Central Credit Union, employees of vendors of the Commission for the Blind and Visually Impaired, and Capitol Mall tenant departments' temporary contract employees. (7-1-26)
ii. Individuals who are employed by the state of Idaho, whose assigned work area is in the Capitol Mall, and who receive a state of Idaho-issued paycheck that is not issued by the State Controller's Office. This includes, but is not limited to, employees of the University of Idaho whose assigned work area is the Capitol Annex occupied by the University of Idaho. (3-25-22)
03. Temporary Meeting Parking Permits. Upon submission of an application by an agency tenant in the Capitol Mall, Capitol Mall Parking may issue temporary daily parking permits for meetings hosted by the department tenant. Parking will be allowed only in a limited number of parking spaces in the area designated by the permit and for the date set forth on the permit. (7-1-26)
Pursuant to Sections 67-5701 and 67-5708, Idaho Code, parking permit fees will be established by the Department of Administration and administered by CMP. (7-1-26)
01. Elected Officials Parking Permits. The governor, lieutenant governor, secretary of state, attorney general, state controller, state treasurer, superintendent of public instruction, Senate pro-tem, and the speaker of the House of Representatives will be provided a reserved parking space at no charge. Additionally, upon request, CMP will provide the governor four (4) additional reserved parking spaces. The fee for each additional reserved parking space provided to the governor will be the reserved parking permit monthly fee. (7-1-26)
02. Directors of Executive Branch Departments. Directors of executive branch departments will be provided a reserved parking space at a cost not to exceed forty dollars ($40) per month. Executive branch departments will be charged for the reserved parking spaces annually by CMP. (7-1-26)
03. Reserved Parking Permits. The fee for a reserved parking space permit will not exceed forty dollars ($40) per month. (3-25-22)
04. General Parking Permits. The fee for a general parking space permit will not exceed ten dollars ($10) per month. (3-25-22)
05. Payment for Parking Permits. Capitol Mall employees will be charged the respective permit fee in the first paycheck of each month through a payroll deduction or as determined by the State Controller. (3-25-22)
06. Legislators. Legislators and Legislative personnel must pay the associated space fee every month that the Legislature is in session for the eligible parking space permit. (3-25-22)
07. State-Owned Vehicles. State-owned vehicles belonging to the tenant departments will receive state
vehicle parking permits for a monthly fee not to exceed fifteen dollars ($15). (3-25-22)
08. Replacement Permits. If a parking permit is lost, stolen or destroyed, the official, Legislator, or Capitol Mall employee will be charged a fee equal to the general permit monthly fee for a new permit. A statement attesting that the parking permit was lost, stolen or destroyed must be signed before CMP will issue a new permit. (7-1-26)
01. Driving Violations. Any driving violation in a CMP lot or garage may result in the suspension or loss of parking privileges. (7-1-26)
a. It is a violation of these rules to drive or operate a personal vehicle negligently or recklessly in any CMP lot or garage. (7-1-26)
02. Parking Violations. Any parking violation in a CMP lot or garage may result in the suspension or loss of parking privileges. (7-1-26)
a. It is a violation of these rules to park in a location that is not marked as a parking space within the Capitol Mall. This includes, but is not limited to, parking in or on a driveway, sidewalk or other common driving areas of any parking lot or garage. It is also a violation to park one (1) vehicle in more than one (1) parking space. (3-25-22)
b. It is a violation to park a motorcycle in any space not designated for motorcycle parking, unless a valid reserved parking permit is displayed and the motorcycle is parked in the designated reserved parking space. (3-25-22)
c. It is a violation to park or store a personal trailer in a CMP lot. (7-1-26)
f. It is a violation of these rules to: (3-25-22)
i. Use an invalid parking permit; (3-25-22)
ii. Use a parking permit reported lost or stolen; (3-25-22)
iii. Fail to properly display a valid CMP permit; or (7-1-26)
iv. Transfer an invalid permit to another person. (3-25-22)
g. It is a violation of these rules to park in one or more visitor parking spaces for a period in excess of the maximum period of use set forth in these rules. (3-25-22)
h. It is a violation of these rules for a CMP permit holder to park in a visitor parking space at any time. (3-25-22)
01. Security and Patrol. Capitol Mall parking lots and State Parking Garages #1 and #2 are secured and patrolled by CMP, or its authorized representative. (7-1-26)
02. Notice of Violation. Upon witnessing or finding a violation of these rules, CMP, or its authorized representative, will leave notice with the occupant of the vehicle or on the vehicle parked in violation of this chapter. (7-1-26)
a. Notice may be in the form of a warning or a ticket. The warning or ticket will indicate the date and
hour of the violation, the nature of the violation, and the name of the CMP employee or its authorized representative. A warning or ticket may be issued only for those violations that do not cause the loss of a parking space and do not cause a safety hazard. (7-1-26)
b. If an individual is determined to have altered, counterfeited or otherwise misused a parking permit, a ticket may be issued by CMP, or its authorized representative, for a fine not to exceed fifty dollars ($50). (7-1-26)
c. CMP retains the right to suspend or revoke an individual’s parking privileges if the warnings or tickets have been issued or fines imposed for repeated violations. (7-1-26)
01. Delinquent Payment. CMP may suspend or revoke any individual’s parking permit if the parking permit fee is unpaid and at least thirty (30) days delinquent. Upon payment in full, CMP will restore the individual’s parking permit. (7-1-26)
a. CMP may suspend an individual’s parking permit and privileges for up to six (6) months for a violation of these rules. (7-1-26)
b. Any CMP permit holder, including a temporary parking permit holder, who has been cited for three (3) violations of these rules within six (6) months, may have his parking permit and privileges revoked for up to twelve (12) months. (7-1-26)
a. CMP or its authorized representative may tow any vehicle from any CMP lot or the or State Parking Garages #1 and #2. The owner of the vehicle is liable for any service fee owed for releasing the towed and impounded vehicle. (7-1-26)
b. In the event that a vehicle is considered a security risk, CMP will make reasonable efforts to locate the owner of the vehicle before it is towed. (7-1-26)
04. Reactivating a Suspended Permit. A suspended parking permit may be reactivated after the applicable suspension period ends by reapplying for the automatic payroll deduction plan through CMP and paying in full of any delinquent parking fees. (7-1-26)
01. Surrender of Permit. When a state elected official, Legislator or Capitol Mall employee no longer works in the Capitol Mall or no longer needs to utilize CMP, the individual must submit a request to CMP to cease automatic payroll deduction or billing for CMP. The individual must surrender the parking permit to CMP within ten (10) days of the effective date of termination. (7-1-26)
a. CMP will notify the individual’s agency’s payroll clerk to cease the monthly parking fee deduction. CMP will not refund a monthly parking fee after a monthly payroll deduction has been made. (7-1-26)
b. Agency payroll clerks must receive a written request from CMP prior to deleting the monthly parking fee from the employee’s payroll deduction schedule. (7-1-26)
CMP will designate and mark a limited number of parking spaces to be used for short-term collection or delivery
services or by authorized service contractors. It is a violation to park in loading zone parking spaces for any unauthorized purpose. (3-25-22)
051. -- 999. (RESERVED)