Title 67 — STATE GOVERNMENT AND STATE AFFAIRS

67-6207. Management and operation of housing projects — Priority of applications — Limited profit sponsors. (a) It is hereby declared to be the policy of the state that the Idaho housing and finance association shall manage and operate housing projects or cause its housing projec…

67-6207A. Additional powers. In addition to all other powers, the association also shall have the following specific powers: (a) To make and publish rules respecting making mortgage loans pursuant to this act, the regulations of borrowers, housing sponsors, mortgage lenders, and …

67-6207B. Mortgage loans — Rules — Purchase. The association shall promulgate rules governing the various programs which it has authorized to be undertaken. In promulgating such rules it shall consider the following: (a) The association shall from time to time adopt, modify or re…

67-6207C. Housing sponsorship. The association shall have the power to supervise housing sponsors, including limited profit housing sponsors, and their real and personal property in the following respects: (a) The reorganization of any housing sponsor shall be subject to the supe…

67-6207D. Periodic examination of income of persons residing in housing projects. (a) The association shall, by rules, provide for the periodic examination of the income of any person or family residing in and renting a dwelling unit in any rental housing project, assisted by vir…

67-6208. Tax exempt status. As set forth in the declaration and statement of intent herein, the association will be performing an essential governmental function in the exercise of the powers conferred upon it by this act, and the notes and bonds of the association issued pursuan…

67-6209. Housing projects subjected to ordinances and regulations. All housing projects of the association shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality of any housing project and the association shall …

67-6210. Power to issue bonds. The association shall have power and is hereby authorized to issue, from time to time, its negotiable notes and bonds in conformity with the applicable provisions of the uniform commercial code in such principal amount as the association shall deter…

67-6211. Additional definitions and capital reserve fund procedures. As used in this section, the following words and phrases shall have the following meanings unless the context shall indicate another or different meaning or intent: (a) "Maximum capital reserve fund requirement"…

67-6212. Refunding of obligations. The association may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which have been issued under the provisions of this act, including the payment of any redemption premium thereon …

67-6213. Deposit of funds. All moneys of the association except as otherwise authorized or provided in this act shall be deposited as soon as practicable in a separate account or accounts in banks organized under the laws of the state or national banking associations. All deposit…

67-6214. Rights of bondholder. A bondholder of the association shall have the right, in addition to all other rights, which may be conferred on such bondholder, subject only to any contractual restrictions binding upon such bondholder, by mandamus, suit, action or proceedings at …

67-6215. Rights not to be impaired by state. The state does hereby pledge to and agree with the holders of any notes or bonds issued under this act that the state will not limit or alter the rights hereby vested in the association to fulfill the terms of any agreements made with …

67-6215A. Remedies of bondholders. In the event that the association shall default in the payment of principal of or interest on any issue of notes and bonds after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a pe…

67-6215B. Legal investments. The notes and bonds of the association shall be legal investments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and oth…

67-6216. Authority to make loans. The association is authorized to make loans to housing sponsors for the necessary expenses, prior to construction, in planning, and obtaining financing for, the rehabilitation or construction of housing projects. Such loans shall be made without …

67-6218. Feasibility. The association shall encourage economically sound innovative approaches to housing development projects and, without limiting the foregoing, shall encourage consolidated financing through such techniques as blanket mortgages.

67-6219. Technical assistance. The association may provide technical assistance to eligible housing sponsors of housing projects, including assistance in arranging financing.

67-6220. Audits — Annual reports. (1) The legislative council is authorized to conduct a post audit of the books and records of the Idaho housing and finance association on the same basis as audits are conducted of state agencies. (2) The association shall file its financial repo…

67-6221. Conflict of interest. Any member, officer or employee of the association who is interested either directly or indirectly, or who is an officer or employee of, or has an ownership interest in any firm or agency interested directly or indirectly in any contract with the as…

67-6222. Exemption of real property of association from levy and sale by execution. All real property of the association shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment ag…

67-6223. Borrowing power — Financial assistance — Cooperation with state and federal government. In addition to the powers conferred upon the association by other provisions of this chapter, the association is empowered to administer any other state, private or federal assistance…

67-6223A. Donations to housing and finance association. The state of Idaho or any city or county located in the state of Idaho shall have the power, from time to time, to donate money, real property, or personal property to the Idaho housing and finance association; provided, how…

67-6224. Construction of act. Nothing in this act or any other law shall be construed as authorizing the association to levy or collect taxes or assessments, to create any indebtedness payable out of taxes or assessments, or in any manner to pledge the credit of the city, the cou…

67-6224A. Legislative construction. Neither this act nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which the association might otherwise have under any laws of this state, and this act is cumulative to any such powers. This …

67-6225. Constitutionality. Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent, that if any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of this …

67-6226. Non-agency status. It is recognized that the association is not, and has not been since its inception, a state or local agency for purposes of Idaho law.

67-6227. IDAHO WORKFORCE HOUSING FUND. [EFFECTIVE UNTIL DECEMBER 31, 2026] (1) There is hereby created within the state treasury the Idaho workforce housing fund that will consist of such sums as may be appropriated by the legislature for the purpose of providing financial assist…

67-6301. Constitutional defense council created — Members — Powers — Staff — Fund. (1) There is hereby created the constitutional defense council which shall consist of the governor, the president pro tempore of the senate, the speaker of the house of representatives and the atto…

67-6302. Legislative approval required for certain actions. No action may be taken by any federal agency, state, state agency or any entity to introduce or to reintroduce any species into the state of Idaho without first securing the approval of the Idaho state legislature.

67-6303. private counsel or attorney general. (1) For the purposes of this section: (a) "Council" means the constitutional defense council created in section 67-6301, Idaho Code. (b) "Petitioner" means any Idaho citizen who is or was in a legal proceeding brought by the federal g…

67-6401. Short title. This chapter may be referred to as and cited as "Idaho State Building Authority Act."

67-6402. Definitions. As used in this chapter the following words and terms have the following meanings, unless a different meaning clearly appears from the context: (a) "Authority" means the Idaho state building authority created and established pursuant to section 67-6403, Idah…

67-6403. Creation of authority. There is hereby created and established an independent public body corporate and politic to be known as the Idaho state building authority to carry out the provisions of this act. The authority is hereby constituted a public instrumentality exercis…

67-6404. Declaration of policy. It is hereby declared: (a) the functions of government have multiplied many times since the admission of the state of Idaho into the union in 1890; (b) in view of the many increased functions of government, it is necessary that proper provision of …

67-6405. Appointment and removal of commissioners. (a) The powers of the authority shall be vested in a board of seven (7) commissioners appointed by the governor for terms of five (5) years with advice and consent of a majority of the members of the senate. No commissioner appoi…

67-6406. Executive director. (a) The commissioners shall employ an executive director who shall also be the secretary and who shall administer, manage and direct the affairs and business of the authority, subject to the policies, control and direction of the commissioners. The co…

67-6407. Conflict of interest. No commissioner or employee of the authority shall acquire any interest direct or indirect in any facility financed under this act or in any property included or planned to be included in any such facility, nor shall he have any interest direct or i…

67-6408. No forfeiture of office. Notwithstanding the provisions of any other law, no officer or employee of this state shall be deemed to have forfeited or shall forfeit his office or employment by reason of his acceptance of membership on the authority or his service thereon.

67-6409. General powers of the authority. The authority is hereby granted, has and may exercise all powers necessary or appropriate to carry out and effectuate its corporate purposes, including, without limitation, the following: (a) to sue and be sued in its own name; (b) to hav…

67-6410. Procedure prior to financing building developments or building projects. Notwithstanding any other provision of this act, the authority is not empowered to finance any facility pursuant to section 67-6409, Idaho Code, unless: (a) Prior approval by the legislature has bee…

67-6411. Cooperation with municipalities, state bodies or community college districts. (a) The authority may obtain the aid and cooperation of the municipalities in which such facilities are to be located and shall have the power to enter into: (1) such agreements and arrangement…

67-6412. Exemption from taxation. (a) As set forth in the declaration of finding and purpose herein, the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this chapter, and the notes and bonds of the authority issue…

67-6413. Annual report. The authority shall submit to the governor within ninety (90) days after the end of its fiscal year a complete and detailed report setting forth: (a) its operations and accomplishments; (b) its receipts and expenditures during such fiscal year in accordanc…

67-6414. Bonding provisions. (a) (1) The authority shall have power and is hereby authorized to issue from time to time its notes and bonds in such principal amount as the authority shall determine to be necessary to provide sufficient funds for achieving any of its corporate pur…

67-6415. Refunding obligations — Issuance. The authority may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premiu…

67-6416. Refunding obligations — Use of proceeds. Refunding obligations issued as provided in section 67-6412 may be sold or exchanged for outstanding obligations issued under this act and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes…

67-6417. Deposit of authority moneys. (a) All moneys of the authority except as otherwise authorized or provided in this act shall be deposited as soon as practicable in a separate account or accounts in banks or trust companies organized under the laws of the state or national b…

67-6418. Contract of the state. The state does hereby pledge to and agree with the holders of any notes or bonds issued under this chapter that the state will not limit or alter the rights hereby vested in the authority to fulfill the terms of any agreements made with the said ho…

67-6419. Limitation of liability on authority obligations. The notes, bonds or other obligations of the authority shall not be or become an indebtedness or obligation of the state of Idaho, or of any department, board, commission, agency, political subdivision, body corporate and…