Idaho Code
Idaho Code § 42-1428 (2026)
Severability.
✓ current as of May 2026
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Severability.
The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.
Notes of Decisions
Cited in 2
cases, 1995–1995 · leading case: In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995).
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). “454 (1994) does not prevent the remaining provisions of that legislation from functioning as the legislature intended, the unconstitutional provisions may be severed without requiring that the remaining provisions of that act be invalidated.”
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995). “” I.C. § 42-1428 (1994). 2 Because striking the unconstitutional portions of H.”
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