Title 67, STATE GOVERNMENT AND STATE AFFAIRS

67-8002. Definitions. As used in this chapter: (1) "Local government" means any city, county, taxing district or other political subdivision of state government with a governing body. (2) "Private property" means all property protected by the constitution of the United States or …

67-8003. Protection of private property. (1) The attorney general shall establish, by October 1, 1994, an orderly, consistent process, including a checklist, that better enables a state agency or local government to evaluate proposed regulatory or administrative actions to assure…

67-8004. Short title. The provisions of this chapter shall be known and cited as the "Idaho Regulatory Takings Act."

67-8101. Purpose. The legislature finds that current economic conditions, federal housing policies and declining resources at the federal, state, and local level adversely affect the ability of low-income and very low-income persons to obtain safe, decent and affordable housing. …

67-8102. Definitions. As used in this chapter: (1) "Advisory commission" means the housing trust fund advisory commission established in section 67-8106, Idaho Code. (2) "Advocacy organization" means a not-for-profit organization which conducts, in part or in whole, activities to…

67-8103. Use of funds for loans and grant projects to provide housing — Eligible activities. (1) The association shall use at least seventy-five percent (75%) of funds from the housing trust fund to assist very low-income households. (2) Activities eligible for assistance include…

67-8104. Eligible organization. Organizations that may receive assistance from the association under the provisions of this chapter are local governments, local housing authorities, nonprofit community or neighborhood-based organizations, and regional or statewide nonprofit housi…

67-8105. Notice of grant and loan application period — Priorities — Criteria for evaluation. (1) During each calendar year in which funds are available for use by the association from the housing trust fund, the association shall announce to all known interested parties and throu…

67-8106. Advisory commission. There is hereby created the Idaho housing trust fund advisory commission. The advisory commission shall consist of seven (7) members, appointed by the governor. At least two (2) members shall be representatives of advocacy organizations or community-…

67-8107. Association to implement the allocation plan. The association shall implement the procedures and policies as set forth in the allocation plan and may use its discretion in interpreting the allocation plan. The association shall not be required to implement an allocation …

67-8108. Preconstruction technical assistance. (1) The association may use moneys from the housing trust fund to provide preconstruction technical assistance to eligible recipients seeking to construct, rehabilitate, or finance housing-related services for the low-income and very…

67-8109. Compliance monitoring. The director shall monitor the activities of recipients of grants and loans under the provisions of this chapter to determine compliance with the terms and conditions set forth in its application or stated by the association in connection with the …

67-8201. Short title. This chapter shall be known and may be cited as the "Idaho Development Impact Fee Act."

67-8202. Purpose. The legislature finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and g…

67-8203. Definitions. As used in this chapter: (1) "Affordable housing" means housing affordable to families whose incomes do not exceed eighty percent (80%) of the median income for the service area or areas within the jurisdiction of the governmental entity. (2) "Appropriate" m…

67-8204. Minimum standards and requirements for development impact fees ordinances. Governmental entities which comply with the requirements of this chapter may impose by ordinance development impact fees as a condition of development approval on all developments. (1) A developme…

67-8204A. Intergovernmental agreements. Governmental entities as defined in section 67-8203(14), Idaho Code, that are jointly affected by development are authorized to enter into intergovernmental agreements with each other or with highway districts, fire districts, ambulance dis…

67-8205. Development impact fee advisory committee. (1) Any governmental entity that is considering or that has adopted a development impact fee ordinance shall establish a development impact fee advisory committee as provided in this section. (2)(a) The development impact fee ad…

67-8206. Procedure for the imposition of development impact fees. (1) A development impact fee shall be imposed by a governmental entity in compliance with the provisions set forth in this section. (2) A capital improvements plan shall be developed in coordination with the develo…

67-8207. Proportionate share determination. (1) All development impact fees shall be based on a reasonable and fair formula or method under which the development impact fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the governmental e…

67-8208. Capital improvements plan. (1) Each governmental entity intending to impose a development impact fee shall prepare a capital improvements plan. That portion of the cost of preparing a capital improvements plan which is attributable to determining the development impact f…

67-8209. Credits. (1) In the calculation of development impact fees for a particular project, credit or reimbursement shall be given for the present value of any construction of system improvements or contribution or dedication of land or money required by a governmental entity f…

67-8210. Earmarking and expenditure of collected development impact fees. (1) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one (1) or more interest-bearing accounts within the capital projects fund. Accou…

67-8211. Refunds. (1) Any governmental entity which adopts a development impact fee ordinance shall provide for refunds upon the request of an owner of property on which a development impact fee has been paid if: (a) Service is available but never provided; (b) A building permit …

67-8212. Appeals. (1) A governmental entity which adopts a development impact fee ordinance shall provide for administrative appeals by the developer or fee payer from any discretionary action or inaction by or on behalf of the governmental entity. (2) A fee payer may pay a devel…

67-8213. Collection. A governmental entity may provide in a development impact fee ordinance the means for collection of development impact fees, including, but not limited to: (1) Additions to the fee for reasonable interest and penalties for non-payment or late payment; (2) Wit…

67-8214. Other powers and rights not affected. (1) Nothing in this chapter shall prevent a governmental entity from requiring a developer to construct reasonable project improvements in conjunction with a development project. (2) Nothing in this chapter shall be construed to prev…

67-8215. Transition. (1) The provisions of this chapter shall not be construed to repeal any existing laws authorizing a governmental entity to impose fees or require contributions or property dedications for capital improvements. All ordinances imposing development impact fees s…

67-8216. Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter 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 …

67-8601. Governor’s Idaho Lewis and Clark trail committee fund. There is hereby created the governor’s Idaho Lewis and Clark trail committee fund in the state treasury. Moneys in the fund may consist of donations, ticket sale proceeds, contributions, appropriations, grants, gifts…

67-8701. Short title. This chapter shall be known and may be cited as the "Idaho Bond Bank Authority Act."

67-8702. Definitions. As used in this chapter: (1) "Authority" or "bond bank authority" means the Idaho bond bank authority. (2) "Bonds" means bonds, notes or other obligations of the authority issued under this chapter. (3) "Municipal bond" means a bond, note or other obligation…

67-8703. Bond bank authority created — Membership — Vacancies — Officers — Quorum — Compensation. (1) There is hereby created an independent public body corporate and politic to be known as the Idaho bond bank authority. The authority is an instrumentality of the state within the…

67-8704. Retention of outside services. The authority may contract for and engage the services of bond counsel, consultants, experts and others whose services the authority considers necessary or appropriate.

67-8705. Powers and duties of the authority. The authority shall have the following powers and duties: (1) To sue and be sued in its own name; (2) To adopt and from time to time alter an official seal; (3) To adopt and from time to time amend or repeal rules and bylaws; (4) To ac…

67-8706. Annual report. Before January 1 of each year, the authority shall prepare and submit to the governor and the legislature a report of its activities for the preceding fiscal year. The report shall set out a complete operating and financial statement which covers its opera…

67-8707. Negotiability of bonds. Notwithstanding any other provision of law, a bond issued under this chapter is fully negotiable, and a holder or owner of a bond, by accepting the bond, is conclusively considered to have agreed that the bond is fully negotiable.

67-8708. Bonds as legal investments. Notwithstanding any other provisions of law, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all…

67-8709. Tax exemption. All property of the authority is public property exempt from all taxes and special assessments of the state or a municipality. All bonds issued under this chapter are issued by a body corporate and politic of this state, and the bonds and the interest and …

67-8710. Issuance of bonds — Form of issuance — Sale price — Payment or refunding of bonds — Terms of agreement with bondholder. (1) The authority may issue its bonds from time to time in principal amounts that it considers necessary to provide funds for any purpose under this ch…

67-8711. Purchase and disposition of bonds. The authority may purchase bonds of the authority. The authority may hold, cancel or resell the bonds subject to, and in accordance with, agreements with holders of its bonds.

67-8712. Presumption of validity. After issuance, all bonds of the authority, and the purchase of all municipal bonds with the proceeds of the bonds, and any contracts entered into in connection with issuance of the bonds, shall be conclusively presumed to be fully authorized and…

67-8713. Reserve fund — Additional funds and accounts. (1) There is hereby created in the state treasury a fund to be known as the "Idaho Municipal Bond Bank Authority Reserve Fund" (hereinafter referred to as "reserve fund") in which there shall be deposited or transferred: (a) …

67-8714. Personal liability. Neither a member of the authority nor a person executing bonds issued or contracts entered into under this chapter shall be liable personally on the bonds or contracts.

67-8715. Exemption from execution and sale. All property of the authority is exempt from levy and sale by virtue of an execution. No execution or other judicial process may issue against the property of the authority, and a judgment against the authority may not be a charge or li…

67-8716. Unlimited sales tax receipts pledge. (1) The bond bank authority fund is hereby statutorily created in the state treasury. Moneys in the fund shall be used only as provided in this chapter. Earnings of the bond bank authority fund shall be deposited into the general fund…