reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6215 - RIGHTS NOT TO BE IMPAIRED BY STATE.

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 the said holders thereof or in any way impair the rights and remedies of such holders until such notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The association is authorized to include this pledge and agreement of the state in any agreement with the holders of such notes or bonds.
History:
[67-6215, added I.C., sec. 67-6215, as added by 1974, ch. 104, sec. 23, p. 1210; am. 1996, ch. 253, sec. 18, p. 824.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6215A - REMEDIES OF BONDHOLDERS.

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 period of thirty (30) days, or in the event that the association shall fail or refuse to comply with the provisions of this act, or shall default in any agreement made with the holders of any issue of notes or bonds, the holders of twenty-five percent (25%) in aggregate principal amount of the notes or bonds of such issue then outstanding, by instrument or instruments filed in the office of the clerk of the county of Ada, and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such notes or bonds for the purposes herein provided.
(a) Such trustee may, and upon written request of the holders of twenty-five percent (25%) in principal amount of such notes or bonds then outstanding shall, in his or its own name:
(1) by suit, action or proceeding in accordance with the Idaho Code, enforce all rights of the noteholders or bondholders, including the right to require the association to carry out any agreements with such holders and to perform its duties under this chapter;
(2) bring suit upon such notes or bonds;
(3) by action or suit, require the association to account as if it were the trustee of an express trust for the holders of such notes or bonds;
(4) by action or suit, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such notes or bonds;
(5) declare all such notes or bonds due and payable, and if all defaults shall be made good, then, with the consent of the holders of twenty-five percent (25%) of the principal amount of such notes or bonds then outstanding, annul such declaration and its consequences.
(b) The district court shall have jurisdiction of any suit, action or proceeding by the trustee on behalf of such noteholders or bondholders. The venue of any such suit, action or proceeding shall be laid in the county of Ada.
(c) Before declaring the principal of notes or bonds due and payable, the trustee shall first give thirty (30) days’ notice in writing to the association.
History:
[67-6215A, added I.C., sec. 67-6215A, as added by 1974, ch. 104, sec. 24, p. 1210; am. 1996, ch. 253, sec. 19, p. 824.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6215B - LEGAL INVESTMENTS.

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 other persons carrying on an insurance business, all banks, bankers, banking associations, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The notes and bonds are also hereby made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivisions of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.
History:
[67-6215B, added I.C., sec. 67-6215B, as added by 1974, ch. 104, sec. 25, p. 1210; am. 1996, ch. 253, sec. 20, p. 825.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6216 - AUTHORITY TO MAKE LOANS.

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 interest and shall not exceed eighty percent (80%) of the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing prior to the availability of financing, including, but not limited to preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, site acquisition, application and mortgage commitment fees, and construction loan fees and discounts. The association shall require repayment of loans made under this section, under such terms and conditions as it may require, upon completion of the project or sooner, and may cancel any part or all of a loan if it determines that it cannot be recovered from the proceeds of any permanent loan made to finance the rehabilitation or construction of the housing project.
History:
[67-6216, added 1972, ch. 324, sec. 16, p. 789; am. 1974, ch. 104, sec. 26, p. 1210; am. 1996, ch. 253, sec. 21, p. 825.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6218 - FEASIBILITY.

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.
History:
[67-6218, added 1972, ch. 324, sec. 18, p. 789; am. 1974, ch. 104, sec. 28, p. 1210; am. 1996, ch. 253, sec. 22, p. 826.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6219 - TECHNICAL ASSISTANCE.

67-6219. TECHNICAL ASSISTANCE. The association may provide technical assistance to eligible housing sponsors of housing projects, including assistance in arranging financing.
History:
[67-6219, added 1972, ch. 324, sec. 19, p. 789; am. 1974, ch. 104, sec. 29, p. 1210; am. 1996, ch. 253, sec. 23, p. 826.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6220 - AUDITS — ANNUAL REPORTS.

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 report for the year then ended with the secretary of state within one hundred twenty (120) days after the close of its fiscal year describing its activities during the preceding year. In such report it may make recommendations regarding additional legislation or other action it deems necessary to permit it to carry out the purposes of this act.
History:
[67-6220, added 1972, ch. 324, sec. 20, p. 789; am. 1977, ch. 326, sec. 4, p. 924; am. 1980, ch. 377, sec. 2, p. 961; am. 1989, ch. 423, sec. 9, p. 1047; am. 1993, ch. 327, sec. 36, p. 1224; am. 1996, ch. 253, sec. 24, p. 826.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6221 - CONFLICT OF INTEREST.

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 association, including any loan to any housing sponsor, shall disclose this interest to the association. This interest shall be set forth in the minutes of the association, and the member, officer or employee having the interest shall not participate on behalf of the association in the authorization of any such contract.
History:
[67-6221, added 1972, ch. 324, sec. 21, p. 789; am. 1974, ch. 104, sec. 30, p. 1210; am. 1996, ch. 253, sec. 25, p. 826.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6222 - EXEMPTION OF REAL PROPERTY OF ASSOCIATION FROM LEVY AND SALE BY EXECUTION.

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 against the association be a charge or lien upon its real property; provided, however, that the provisions of this section shall not apply to or limit the right of bondholders to foreclose or otherwise enforce any mortgage or other security of the association or the right of obligees and bondholders to pursue any remedies for the enforcement of any pledge or lien given by the association on its rents, fees or revenue or the right of obligees or bondholders to pursue any remedies conferred upon the same pursuant to this act.
History:
[67-6222, added 1972, ch. 324, sec. 22, p. 789; am. 1974, ch. 104, sec. 31, p. 1210; am. 1996, ch. 253, sec. 26, p. 826.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6223 - BORROWING POWER — FINANCIAL ASSISTANCE — COOPERATION WITH STATE AND FEDERAL GOVERNMENT.

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 program including without limitation all tax credit programs, guaranty, loan or investment funds and block grants and to borrow money or accept contributions, grants or other financial assistance or investment from private sources or from the state or federal government for or in aid of any housing project, nonprofit facility, economic development project or agricultural facility within its area of operation, to take over or lease or manage any housing project, nonprofit facility, economic development project or agricultural facility or undertaking constructed or owned by the federal government, and to these ends, to comply with such conditions and to make such trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this act to authorize the association to do any and all things necessary or desirable to secure the financial aid or cooperation of the state or federal government in the undertaking, construction, maintenance or operation of any housing project, nonprofit facility, economic development project or agricultural facility by the association. The association is specifically authorized to work with the Idaho department of agriculture in connection with any loan for an agricultural facility and the Idaho department of agriculture shall assist in the provisions of such loans.
History:
[67-6223, added 1972, ch. 324, sec. 23, p. 789; am. 1989, ch. 423, sec. 10, p. 1047; am. 1996, ch. 253, sec. 27, p. 827; am. 1997, ch. 191, sec. 5, p. 539; am. 2000, ch. 364, sec. 5, p. 1212; am. 2007, ch. 152, sec. 5, p. 473.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6223A - DONATIONS TO HOUSING AND FINANCE ASSOCIATION.

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, however, that nothing contained in this provision or in any other provision of law shall be construed as authorizing the state or any political subdivision thereof to give credit or make loans to the association or create any debts or indebtedness on behalf of the association.
History:
[67-6223A, added I.C., sec. 67-6223A, as added by 1974, ch. 104, sec. 32, p. 1210; am. 1996, ch. 253, sec. 28, p. 827.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6224 - CONSTRUCTION OF ACT.

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 county, the state or any subdivision thereof and the notes, bonds or other obligations of the association shall not be, constitute or become an indebtedness, debt or liability of the state of Idaho, the legislature thereof, or of any county, city, town, township, board of education or school district, or other subdivision of the state, or of any other political subdivision or body corporate and politic of or municipality within the state and neither the state of Idaho, the legislature thereof, or any county, city, town, township, board of education or school district, or other subdivision of the state or any other political subdivision or body corporate and politic or municipality within the state shall be liable thereon nor shall such notes, bonds or obligations of the association constitute the giving, pledging or loaning of the credit of the state of Idaho, the legislature thereof, or of any county, city, town, township, board of education or school district, or other subdivision of the state, or of any other political subdivision or body corporate and politic of or municipality within the state, nor shall they be payable out of any funds other than those of the association; and such notes and bonds shall contain on the face thereof a statement to such effect.
History:
[67-6224, added 1972, ch. 324, sec. 24, p. 789; am. 1974, ch. 104, sec. 33, p. 1210; am. 1996, ch. 253, sec. 29, p. 827.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6224A - LEGISLATIVE CONSTRUCTION.

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 act does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. However, the issuance of bonds, notes and other obligations and refunding bonds under the provisions of this act need not comply with the requirements of any other state law applicable to the issuance of bonds, notes and other obligations and contracts for the construction and acquisition of any housing projects undertaken pursuant to this act need not comply with the provisions of any other state law applicable to contracts for the construction and acquisition of state-owned property. No proceedings, notice or approval shall be required for the issuance of any bonds, notes and other obligations or any instrument as security therefor, except as is provided in this act.
History:
[67-6224A, added I.C., sec. 67-6224A, as added by 1974, ch. 104, sec. 34, p. 1210; am. 1996, ch. 253, sec. 30, p. 828.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6225 - CONSTITUTIONALITY.

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 act and the application of such provisions to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
If any section, subdivision, paragraph, sentence, clause or provision of this act shall be unconstitutional or ineffective, in whole or in part, to the extent that it is not unconstitutional or ineffective it shall be valid and effective and no other section, subdivision, paragraph, sentence, clause or provision shall on account thereof be deemed invalid or ineffective.
History:
[67-6225, added I.C., sec. 67-6225, as added by 1974, ch. 104, sec. 36, p. 1210.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6226 - NON-AGENCY STATUS.

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.
History:
[67-6226, added 1996, ch. 253, sec. 31, p. 828; am. 2000, ch. 342, sec. 14, p. 1161.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 62 - IDAHO HOUSING AND FINANCE ASSOCIATION › Section 67-6227 - IDAHO WORKFORCE HOUSING FUND.

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 assistance for workforce housing development.
(2) The association is hereby appointed as the administrative entity for the Idaho workforce housing fund and will be responsible for creating an allocation plan. Consistent with the allocation plan and availability of funding, the association will request funding from the state treasurer at such times and in such amounts necessary to invest in the development of workforce housing. In creating the allocation plan, the association shall adhere to the following guiding principles:
(a) Funding allocated from the Idaho workforce housing fund shall be used for the purpose of gap financing.
(b) Preference shall be given to developments that include a commitment on the part of a local government to match, in whole or in part, the funds allocated by the association. A local match may include but shall not be limited to money, fee waivers, in-kind services, donation of assets, the provision of infrastructure, or a combination thereof.
(c) The association shall set aside no less than twenty percent (20%) of all moneys allocated to the Idaho workforce housing fund for use in rural areas, as defined in section 67-9003, Idaho Code. If, after a period of two (2) years, any portion of these funds remains unused in rural areas, the balance shall become available to all communities.
History:
[67-6227, added 2022, ch. 277, sec. 1, p. 886.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 63 - CONSTITUTIONAL DEFENSE COUNCIL › Section 67-6301 - CONSTITUTIONAL DEFENSE COUNCIL CREATED — MEMBERS — POWERS — STAFF — FUND.

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 attorney general.
(2) The purpose of the council includes, but is not limited to, restoring, maintaining and advancing the sovereignty and authority over issues that affect this state and the well-being of its citizens.
(3) Meetings of the council may be called by any member and decisions of the council shall be made by a majority vote of the members.
(4) The council, in the name of the state or its citizens, may examine and challenge by legal action, legislation or any other legal means:
(a) Federal mandates.
(b) Court rulings.
(c) The authority granted to, or assumed by, the federal government.
(d) Laws, regulations and practices of the federal government.
(e) Any other activity that is deemed appropriate by the council.
(f) Notwithstanding any other provision of law to the contrary, the council may hire legal counsel for the purpose of this chapter and may utilize staff and resources within state government.
(5) There is hereby established in the state treasury the constitutional defense council fund which shall consist of appropriations, gifts, grants and other council moneys. Moneys in the council fund are continuously appropriated and shall be used for purposes enumerated in this chapter.
History:
[67-6301, added 1995, ch. 327, sec. 2, p. 1096.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 63 - CONSTITUTIONAL DEFENSE COUNCIL › Section 67-6302 - LEGISLATIVE APPROVAL REQUIRED FOR CERTAIN ACTIONS.

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.
History:
[67-6302, added 2000, ch. 416, sec. 1, p. 1327; am. 2017, ch. 135, sec. 1, p. 327.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6401 - SHORT TITLE.

67-6401. SHORT TITLE. This chapter may be referred to as and cited as "Idaho State Building Authority Act."
History:
[67-6401, added 1974, ch. 111, sec. 1, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6402 - DEFINITIONS.

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, Idaho Code.
(b) "Bonds," "notes" or "bond anticipation notes" and "other obligations" mean any bonds, notes, debentures, interim certificates or other evidences of financial indebtedness, respectively, issued by the state building authority pursuant to this chapter.
(c) "Community college district" means any community college district organized and existing under chapter 21, title 33, Idaho Code.
(d) "Federal government" means the United States of America, or any agency or instrumentality, corporate or otherwise of the United States of America.
(e) "Facility" means any work or undertaking, whether new construction or rehabilitation, which is designed and financed pursuant to the provisions of this act and designed for use as an office building, laboratory, library, dining room, instructional facility, motor vehicle parking, storage or service facility or for any other use by any state body or community college district and all other real or personal properties which are necessary, convenient, or desirable appurtenances, such as but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and such equipment which may be necessary to constitute a fully equipped and modern building as the authority determines to be necessary or convenient to accomplish the purposes of this act.
(f) "Municipality" means any city, municipal corporation, or other political subdivision of this state.
(g) "Real property" means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms of years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.
(h) "State" means the state of Idaho.
(i) "State body" means any department, board, commission, or agency of the state of Idaho.
History:
[67-6402, added 1974, ch. 111, sec. 2, p. 1263; am. 1978, ch. 239, sec. 1, p. 511; am. 2003, ch. 349, sec. 1, p. 933.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6403 - CREATION OF AUTHORITY.

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 exercising public and essential governmental functions, and the exercise by the authority of the powers conferred by this act shall be deemed and held to be the performance of an essential governmental function of the state. The authority shall not have the power to levy and collect taxes.
History:
[67-6403, added 1974, ch. 111, sec. 3, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6404 - DECLARATION OF POLICY.

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 office space and related facilities for the many departments, agencies and commissions of state government and its instrumentalities be provided; many such state governmental bodies are inadequately provided with the necessary office space and related facilities;
(c) it is to the economic benefit of the citizens of the state of Idaho to provide sufficient office space and the necessary related facilities for such state governmental bodies and thus provide a more efficient and more economical operation of state government.
It is further declared that in order to provide for a fully adequate supply of governmental facilities at costs that state government can afford, the legislature finds it necessary to create and establish a state building authority for the purpose of constructing and operating such facilities to meet the needs of the state government.
It is hereby further declared to be necessary and in the public interest that such state building authority provide for predevelopment costs, temporary financing, land development expenses, construction and operation of governmental facilities for rental to state government.
It is hereby further declared that the foregoing are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, or granted, and that such activities serve a public purpose in improving or otherwise benefiting the people of this state; that the necessity of enacting the provisions hereinafter set forth is in the public interest and is hereby so declared as a matter of express legislative determination.
History:
[67-6404, added 1974, ch. 111, sec. 4, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6405 - APPOINTMENT AND REMOVAL OF COMMISSIONERS.

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 appointed after January 1, 1978, shall also serve as a member of the permanent building council created in section 67-5710, Idaho Code. Of the commissioners first appointed, two (2) commissioners shall serve for terms ending one (1) year from January first next succeeding the date of their appointment, two (2) commissioners shall serve for terms ending two (2) years from January first next succeeding their appointment and one (1) of the remaining three (3) commissioners shall serve for a term of three (3), four (4) and five (5) years, respectively. Any vacancies in the membership of the authority shall be filled in like manner but only for the remainder of an unexpired term. Each commissioner shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Any commissioner shall be eligible for reappointment.
(b) The commissioners shall elect from among their number a chairman and a vice chairman annually and such other officers as it may determine. Meetings shall be held at the call of the chairman or whenever two (2) commissioners so request. Four (4) commissioners of the authority shall constitute a quorum and the affirmative vote of four (4) commissioners shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
(c) Commissioners shall be compensated as provided by section 59-509(o), Idaho Code.
(d) For incompetency or neglect of duty or malfeasance in office, a commissioner of the authority may be removed from office by the governor in the manner provided by law.
History:
[67-6405, added 1974, ch. 111, sec. 5, p. 1263; am. 1978, ch. 239, sec. 2, p. 512; am. 1980, ch. 247, sec. 93, p. 654; am. 2001, ch. 34, sec. 1, p. 53.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6406 - EXECUTIVE DIRECTOR.

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 commissioners may employ technical experts and such other officers, agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. The commissioners may delegate to one or more of its agents or employees such administrative duties as it may deem proper.
(b) The secretary shall keep a record of the proceedings of the authority and shall be custodian of all books, documents and papers filed with the authority and of its minute book and seal. He shall have authority to cause to be made copies of all minutes and other records and documents of the authority and to give certificates under the seal of the authority to the effect that such copies are true copies and all persons dealing with the authority may rely upon such certificates.
History:
[67-6406, added 1974, ch. 111, sec. 6, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6407 - CONFLICT OF INTEREST.

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 indirect in any contract or proposed contract for materials or services to be furnished or used in connection with any such facility. If any commissioner or employee of the authority owns or controls an interest direct or indirect in any property included or planned to be included in any such facility, he immediately shall disclose the same in writing to the authority and such disclosure shall be entered upon the minutes of the authority. Failure so to disclose such interest shall constitute misconduct in office. Upon such disclosure such commissioner or employee shall not participate in any action by the authority affecting such property.
History:
[67-6407, added 1974, ch. 111, sec. 7, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6408 - NO FORFEITURE OF OFFICE.

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.
History:
[67-6408, added 1974, ch. 111, sec. 8, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6410 - PROCEDURE PRIOR TO FINANCING BUILDING DEVELOPMENTS OR BUILDING PROJECTS.

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 been given by concurrent resolution authorizing a state body or community college district to have the authority provide a specific facility;
(b) A state body or community college district has entered into an agreement with the authority for the authority to provide a facility; and
(c) The authority finds that the building development or building project to be assisted pursuant to the provisions of this act, will be of public use and will provide a public benefit.
History:
[67-6410, added 1974, ch. 111, sec. 10, p. 1263; am. 1978, ch. 239, sec. 4, p. 515; am. 2003, ch. 349, sec. 3, p. 935.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6411 - COOPERATION WITH MUNICIPALITIES, STATE BODIES OR COMMUNITY COLLEGE DISTRICTS.

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 arrangements as it deems necessary or advisable to obtain such aid and cooperation; and
(2) agreements with municipalities or counties for the furnishing, installing, opening, or closing of streets, roads, alleys, sidewalks or other places, or for the furnishing of property, sewage, water, and other services in connection with facilities financed under this act or for the changing of the map of a political subdivision of the planning, replanning, zoning, or rezoning of any part of a political subdivision.
(b) The authority and any state body or community college district may join or cooperate with each other, either jointly or otherwise, in the exercise of any of their powers for the purpose of planning, undertaking, owning, constructing or contracting with respect to a facility.
History:
[67-6411, added 1974, ch. 111, sec. 11, p. 1263; am. 2003, ch. 349, sec. 4, p. 935.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6412 - EXEMPTION FROM TAXATION.

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 issued pursuant to this act, and the income therefrom including any profit made on the sale thereof and all its fees, charges, gifts, grants, revenues, receipts, and other moneys received, pledged to pay or secure the payment of such notes or bonds shall at all times be free from taxation of every kind by the state and by the municipalities and all other political subdivisions of the state.
(b) The property of the authority and its income and operation shall be exempt from taxation or assessments upon any property acquired or used by the authority under the provisions of this act.
History:
[67-6412, added 1974, ch. 111, sec. 12, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6413 - ANNUAL REPORT.

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 accordance with the categories or classifications established by the authority for its operating and capital outlay purposes;
(c) its assets and liabilities at the end of its fiscal year, including the status of reserve, special or other funds; and
(d) a schedule of its notes and bonds outstanding at the end of its fiscal year, together with a statement of the amounts redeemed and incurred during such fiscal year.
History:
[67-6413, added 1974, ch. 111, sec. 13, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6415 - REFUNDING OBLIGATIONS — ISSUANCE.

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 premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and for any corporate purpose of the authority. The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect of the same shall be governed by the provisions of this chapter which relate to the issuance of obligations, insofar as such provisions may be appropriate therefor.
History:
[67-6415, added 1974, ch. 111, sec. 15, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6416 - REFUNDING OBLIGATIONS — USE OF PROCEEDS.

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, to the purchase, redemption or payment of such outstanding obligations. Pending the application of the proceeds of any such refunding obligations, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing the same, to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by the United States of America which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
History:
[67-6416, added 1974, ch. 111, sec. 16, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6417 - DEPOSIT OF AUTHORITY MONEYS.

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 banking association. The moneys in such accounts shall be paid out on checks signed by the executive director or such other officers or employees of the authority as the authority shall authorize. All deposits of such moneys shall, if required by the authority, be secured by obligations of the United States, of the state or of any municipalities or political subdivisions or agencies of the state at a market value equal at all times to the amount of the deposit, and all banks and trust companies are authorized to give such security for such deposits.
(b) Notwithstanding the provisions of this section, the authority shall have power to contract with the holders of any of its notes or bonds as to the custody, collection, securing, investment and payment of any moneys of the authority and of any moneys held in trust or otherwise for the payment of notes or bonds, and to carry out such contract. Moneys held in trust or otherwise for the payment of notes or bonds or in any way to secure notes or bonds and deposits of such moneys may be secured in the same manner as moneys of the authority, and all banks and trust companies are authorized to give such security for such deposits.
History:
[67-6417, added 1974, ch. 111, sec. 17, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6418 - CONTRACT OF THE STATE.

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 holders thereof or in any way impair the rights and remedies of such holders until such notes and bonds, together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders, are fully met and discharged. The authority is authorized to include this pledge and agreement of the state in any agreement with the holders of such notes or bonds.
History:
[67-6418, added 1974, ch. 111, sec. 18, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6419 - LIMITATION OF LIABILITY ON AUTHORITY OBLIGATIONS.

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 politic, or instrumentality of or county within the state nor shall such notes, bonds or obligations of the authority constitute the giving or loaning of the credit of the state of Idaho, or of any department, board, commission, agency, political subdivision, body corporate and politic or instrumentality of or municipality or county within the state, nor shall they be payable out of any funds other than those of the authority; and such notes and bonds shall contain on the face thereof a statement to such effect.
History:
[67-6419, added 1974, ch. 111, sec. 19, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6420 - REMEDIES OF BOND AND NOTE HOLDERS.

67-6420. REMEDIES OF BOND AND NOTE HOLDERS. (a) In the event that the authority 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 period of thirty (30) days, or in the event that the authority shall fail or refuse to comply with the provisions of this act, or shall default in any agreement made with the holders of any issue of notes or bonds, the holders of twenty-five per cent (25%) in aggregate principal amount of the notes or bonds of such issue then outstanding, may appoint a trustee to represent the holders of such notes or bonds for the purposes herein provided.
(b) Such trustee may, and upon written request of the holders of twenty-five per cent (25%) in principal amount of such notes or bonds then outstanding shall, in his or its own name:
(1) by suit, action or proceeding enforce all rights of the noteholders or bondholders, including the right to require the authority to carry out any agreements with such holders and to perform its duties under this act;
(2) bring suit upon such notes or bonds;
(3) by action or suit, require the authority to account as if it were the trustee of an express trust for the holders of such notes or bonds;
(4) by action or suit, enjoin any acts or things which may be unlawful or in violation of the rights of the holders of such notes or bonds;
(5) declare all such notes or bonds due and payable, and if all defaults shall be made good, then, with the consent of the holders of twenty-five per cent (25%) of the principal amount of such notes or bonds then outstanding, annul such declaration and its consequences.
(c) Before declaring the principal of notes or bonds due and payable, the trustee shall first give thirty (30) days’ notice in writing to the authority.
History:
[67-6420, added 1974, ch. 111, sec. 20, p. 1263.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6421 - STATE GRANTS AND LEASES TO AUTHORITY.

67-6421. STATE GRANTS AND LEASES TO AUTHORITY. The state may make grants of money or property and may lease property to the authority for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers, including, but not limited to, deposits to the reserve funds of the authority. Notwithstanding any other provision of law to the contrary, the state may lease, with or without consideration, real or personal property to the authority for a term not to exceed fifty (50) years. This section shall not be construed to limit any other power the state may have to make such grants or to lease property to the authority, or to enter into other transactions with the authority.
History:
[67-6421, added 1974, ch. 111, sec. 21, p. 1263; am. 2001, ch. 34, sec. 2, p. 54.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 64 - IDAHO STATE BUILDING AUTHORITY ACT › Section 67-6422 - AUTHORITY OBLIGATIONS ARE LEGAL INVESTMENTS.

67-6422. AUTHORITY OBLIGATIONS ARE LEGAL INVESTMENTS. The notes and 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 associations and other persons carrying on an insurance business, all banks, bankers, banking associations, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The notes and bonds are also hereby made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivisions of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.
History:
[67-6422, added 1974, ch. 111, sec. 22, p. 1263.]