Title 67 — STATE GOVERNMENT AND STATE AFFAIRS

67-8906. Quorum — Mode of action — Compensation. (1) Four (4) directors of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers. (2) Action may be taken by the authority upon the affirmative vote of at least four (4) directors. …

67-8907. Organizational meeting — Chairman — Secretary and treasurer — Executive director — Delegation of power — Surety bond and conflict of interest. (1) A director designated by the governor shall call and convene the initial organizational meeting of the authority and shall s…

67-8908. Powers. (1) The authority shall have the following powers, which are hereby declared to be necessary to enable the authority to carry out and effectuate the purposes and provisions of this chapter, together with all powers incidental thereto or necessary for the performa…

67-8909. Development, acquisition and construction of facilities. (1) The authority will endeavor to achieve efficiencies and economies of scale by pursuing the development of facilities with multiple participating utilities on a joint and cooperative basis and shall, to the full…

67-8910. Management and operation of facilities. The authority shall cause any facilities undertaken by it to be managed and operated on its behalf by one (1) or more qualified participating utilities, or if no participating utility is qualified, willing or able to manage and ope…

67-8911. Sale of electricity, product or service from facilities — Charges. (1) The authority shall operate on a not-for-profit basis and shall sell the electricity, product or service provided by its facilities to participating utilities at cost, as provided in subsections (2) a…

67-8912. Cost recovery and rate stabilization charges of participating utilities. (1) A participating utility contracting with the authority for the electricity, service or product provided by a facility may establish one (1) or more rate stabilization charges, cost recovery char…

67-8913. Cooperation with other agencies and subdivisions. The authority may enter into agreements with any other state body or agency, any other political subdivision of the state and any other public agency, as defined in section 67-2327, Idaho Code, for the joint exercise of p…

67-8914. Exemption from income taxation. All bonds issued by the authority and the interest thereon and all revenues, fees, charges, gifts, grants, receipts and other moneys of the authority pledged to the payment of its bonds shall at all times be free from the taxes imposed und…

67-8915. Issuance of bonds to finance facilities. (1) The authority shall have power and is hereby authorized to issue, from time to time, its bonds in such principal amount as it shall determine to be necessary to provide sufficient funds to pay, finance or refinance the cost of…

67-8916. Refunding bonds. (1) The authority may provide for the issuance of refunding bonds for the purpose of refunding any bonds then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon, any interest a…

67-8917. Payment of bonds — Nonliability of state. (1) Bonds issued by the authority shall not constitute or become an indebtedness, or a debt or liability of the state or any agency or subdivision of the state and neither the state nor any of its agencies or subdivisions shall b…

67-8918. State’s pledge. (1) The state pledges to and agrees with the holders of any bonds issued under this chapter, and with those parties who may enter into contracts with the authority pursuant to the provisions of this chapter, that the state will not limit, alter, restrict …

67-8919. Fees. All expenses of the authority incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the authority of this chapter by participating utilities to the authority in the form of application fees, annual service, loan o…

67-8920. Exemption of real property of authority from levy and sale by execution. All real property of the authority 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 agains…

67-8921. Annual report. The authority shall submit to the governor and to the legislature within ninety (90) days after the end of its fiscal year a complete and detailed report setting forth: (1) Its operations and accomplishments; (2) An accounting of its receipts and expenditu…

67-8922. Authority obligations are legal investments. (1) The bonds of the authority 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 ass…

67-8923. Chapter not a limitation of powers. Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, and this chapter is cumulative to any suc…

67-8924. Constitutionality. (1) Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent, that if any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder …

67-8925. clean energy generation projects. The authority may undertake any clean energy generation project for the benefit of one (1) or more independent power producers and may issue its bonds to finance the cost thereof, all to the same extent and subject to the same provisions…

67-8926. Conservation Measures. (1) For purposes of this section: (a) "Conservation" means a reduction in electric power consumption as a result of increases in the efficiency of energy use, production or distribution; (b) "Conservation measure" means an action, property, facilit…

67-9001. Short title. [EFFECTIVE UNTIL JANUARY 1, 2027] This act may be referred to and cited as the "Idaho Rural Development Partnership Act."

67-9002. Legislative findings. [EFFECTIVE UNTIL JANUARY 1, 2027] The legislature finds that: (1) Rural development has been given a high priority as a means of achieving a sound and mutually beneficial balance between the economies, culture, infrastructure, and community vitality…

67-9003. Definitions. [EFFECTIVE UNTIL JANUARY 1, 2027] As used in this chapter: (1) "Agency with rural responsibilities" means any public entity of the state of Idaho that: (a) Implements a provision of law targeted at rural areas; or (b) Administers a program that has a signifi…

67-9004. Idaho rural development partnership created. [EFFECTIVE UNTIL JANUARY 1, 2027] (1) There is hereby created an independent public body corporate and politic to be known as the "Idaho rural development partnership," which shall be a public instrumentality of the state, and…

67-9005. Responsibilities. [EFFECTIVE UNTIL JANUARY 1, 2027] In accordance with the mission of the national rural development partnership in bringing together partners from all levels of government as well as private for-profit and nonprofit organizations to address the needs of …

67-9006. Board of directors. [EFFECTIVE UNTIL JANUARY 1, 2027] (1) The partnership shall be managed by a board of directors that shall include the following members: (a) One (1) representative appointed by the governor; (b) Three (3) directors from state agencies of the executive…

67-9007. Cochairs. [EFFECTIVE UNTIL JANUARY 1, 2027] The board of directors of the partnership shall have two (2) cochairs, one (1) elected by the partnership’s board of directors from among the board’s membership and the other appointed by the governor. The cochair elected by th…

67-9101. Definitions. As used in this chapter: (1) "Local government" means a county, city or town. (2) "Person" means an individual, corporation, partnership, firm, association, joint venture, proprietorship, club or any other legal entity. (3) "State outdoor sport shooting rang…

67-9102. State outdoor sport shooting ranges — Operation and use — Noise standards — Measurement. (1) The state agencies responsible for managing state outdoor sport shooting ranges shall establish criteria for the operation and use for each range. The provisions of chapter 26, t…

67-9103. Nuisance action. Notwithstanding any other provision of law to the contrary, a person may not maintain a public or private nuisance action for noise against a state outdoor sport shooting range that is in compliance with this chapter.

67-9104. Noise buffering or attenuation for new use. Any new residential use or other new use within one (1) mile of an existing state outdoor sport shooting range shall provide for noise buffers or attenuation devices necessary to satisfy the noise standard prescribed by this ch…

67-9105. Preemption of local authority. Local governmental law is herein preempted and local governments shall not have authority to regulate the operation and use of state outdoor sport shooting ranges nor shall they have authority to establish noise standards for state outdoor …

67-9201. short title. This chapter shall be known and may be cited as the "State Procurement Act."

67-9202. declaration of policy. The Idaho legislature, recognizing that an offered low price is not always indicative of the greatest value, declares it to be the policy of the state: (1) To engage in open, competitive acquisitions of property; and (2) To maximize the value recei…

67-9203. definitions. As used in this chapter: (1) "Acquisition" means the process of procuring property. (2) "Administrator" means the administrator of the division of purchasing as created by section 67-9204, Idaho Code. (3) "Agency" means all officers, departments, divisions, …

67-9204. division of purchasing — administrator. (1) There is hereby created within the department of administration the division of purchasing. The director shall appoint an administrator for the division, subject to the approval of the governor. (2) The administrator shall be e…

67-9205. powers and duties of the administrator. The administrator of the division of purchasing: (1) Shall acquire all property for state agencies according to the provisions of this chapter; (2) Shall acquire all property by competitive solicitation, except as otherwise provide…

67-9206. delegation of authority. (1) The administrator may delegate such authority as the administrator deems appropriate to an employee of the division, an agency employee or an agency, provided that any such employee or the procurement staff of any such agency demonstrates suf…

67-9207. procurement training. (1) A person who may procure property for the state or whose employment with the state includes duties relating to procurement, such as contract administration, management or monitoring, shall undergo procurement training, including a person whose o…

67-9208. solicitations. (1) The administrator shall not make or cause to be made any acquisition until a requisition for the property to be acquired has been submitted to the administrator’s office by the requisitioning agency. The requisition shall certify to the administrator’s…

67-9209. bids. (1) In response to a solicitation issued pursuant to section 67-9208, Idaho Code, a vendor seeking to supply the property solicited shall submit a bid in a manner prescribed by rule. (2) To enhance small business bidding opportunities, the administrator shall seek …

67-9210. award of contract. (1) The administrator shall award contracts to, and place orders for property with, the lowest responsible bidder. Qualifications for responsibility shall be prescribed by rule. However, environmental, social, and governance standards may not be used a…

67-9211. multiple awards. (1) Notwithstanding any provision of this chapter to the contrary, the administrator may make an award of a contract to two (2) or more bidders to furnish the same or similar property when more than one (1) contractor is necessary: (a) To furnish the typ…

67-9212. contracts shall be in writing. Every contract made by the administrator on behalf of the state shall be in writing and shall be signed manually or electronically by the contracting parties. Every contract shall be filed in the office of the administrator, together with a…

67-9213. contracts in violation of provisions of the act. (1) Prior to award of a contract, if it is determined administratively or in an administrative or judicial review authorized by this chapter that the proposed award of a contract is in violation of this chapter, the solici…

67-9214. acceptance of property. No property to be acquired by an agency shall be accepted by the agency unless the property meets the specifications set forth in the solicitation or contract.

67-9215. preservation and disclosure of records — exception. (1) The administrator shall preserve all records relating to solicitations in the administrator’s office, and information with respect thereto, in such form as the administrator shall prescribe by rule, for a period of …

67-9216. open contracts. (1) If property is available on an open contract, then all agencies seeking to procure such property must do so from the open contract. Provided however, that the administrator may grant an exemption to a requesting agency if the administrator determines …

67-9217. disqualification of vendors. (1) A disqualified vendor may not submit a bid. (2) A vendor may be disqualified by the administrator for any of the following reasons: (a) Failure to perform according to the terms of any contract; (b) Attempts by whatever means to cause spe…