reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9206 - DELEGATION OF AUTHORITY.

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 sufficient competence in procurement as to satisfy the administrator.
(2) A delegation made pursuant to subsection (1) of this section shall be made in writing and shall state with specificity:
(a) The nature of the authority being delegated;
(b) The terms, conditions and limitations of the delegation; and
(c) The duration of the delegation.
(3) The administrator shall, subject to approval of the director, formulate rules specifying:
(a) The process by which delegation of authority may be granted, continued or revoked; and
(b) The factors influencing the decision to delegate such authority in addition to the demonstrated competence required by subsection (1) of this section.
History:
[67-9206, added 2016, ch. 289, sec. 4, p. 795.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9207 - PROCUREMENT TRAINING.

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 office or employer is excluded from the definition of "agency" under section 67-9203, Idaho Code. The training shall address the person’s specific procurement duties and shall include continuing education requirements when appropriate.
(2) The administrator shall establish training for those persons described in subsection (1) of this section.
History:
[67-9207, added 2016, ch. 289, sec. 4, p. 795.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9208 - SOLICITATIONS.

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 satisfaction that there are sufficient funds or balance in appropriations out of which the amount of the requisition may be lawfully paid, except as provided in section 67-9221(3), Idaho Code.
(2) Upon determining that an agency’s requisition complies with the provisions of subsection (1) of this section, the administrator shall issue a solicitation. Notice of the solicitation shall be posted in a conspicuous manner as prescribed by rule. The notice shall describe the property to be acquired in sufficient detail to apprise a vendor of the exact nature of the property being sought and shall set forth the bid closing date, time and location.
(3) The administrator may establish by rule exceptions to the notice provisions in subsection (2) of this section; provided however, that the procurements excepted from the notice provisions must be minor in nature.
History:
[67-9208, added 2016, ch. 289, sec. 4, p. 796.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9209 - BIDS.

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 a minimum of three (3) bids from vendors having a significant Idaho economic presence as defined in section 67-2349, Idaho Code.
(3) All bids received shall be opened at the time and place specified in the solicitation. The bids shall be opened in public view, and a record of each bid shall then and there be made. The administrator shall have the right to reject any and all bids pursuant to rules established for the division.
History:
[67-9209, added 2016, ch. 289, sec. 4, p. 796.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9210 - AWARD OF CONTRACT.

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 as a qualification for responsibility.
(2) Where both the bids and quality of property offered are the same, preference shall be given to property of local and domestic production and manufacture or from bidders having a significant Idaho economic presence as defined in section 67-2349, Idaho Code. In connection with the award of any contract for the placement of any order for state printing, binding, engraving or stationery work, the provisions of sections 60-101 and 60-103, Idaho Code, shall apply to the extent that the same may be inconsistent with any requirements contained in this section.
(3) In awarding contracts, the administrator shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin unless permitted by an exception described in section 67-5909A, Idaho Code.
History:
[67-9210, added 2016, ch. 289, sec. 4, p. 796; am. 2020, ch. 331, sec. 4, p. 966; am. 2023, ch. 129, sec. 6, p. 370.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9211 - MULTIPLE AWARDS.

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 types of property and quantities required by state agencies;
(b) To provide expeditious and cost-efficient acquisition of property for state agencies; or
(c) To enable state agencies to acquire property that is compatible with property previously acquired.
(2) No award of a contract to multiple bidders shall be made under this section unless the administrator makes a written determination showing that multiple awards satisfy one (1) or more of the criteria set forth in this section.
(3) When a contract for property has been awarded to two (2) or more bidders in accordance with this section, a state agency shall make purchases from the contractor whose terms and conditions regarding price, availability, support services and delivery are most advantageous to the agency.
(4) A multiple award of a contract for property under this section shall not be made when a single bidder can reasonably serve the acquisition needs of state agencies. A multiple award of a contract shall only be made to the number of bidders necessary to serve the acquisition needs of state agencies.
History:
[67-9211, added 2016, ch. 289, sec. 4, p. 796.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9212 - CONTRACTS SHALL BE IN WRITING.

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 all bids, specifications and other documents and records associated with the acquisition or intended acquisition.
History:
[67-9212, added 2016, ch. 289, sec. 4, p. 797.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9214 - ACCEPTANCE OF PROPERTY.

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.
History:
[67-9214, added 2016, ch. 289, sec. 4, p. 797.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9215 - PRESERVATION AND DISCLOSURE OF RECORDS — EXCEPTION.

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 three (3) years after the date of final action, or for a period of time as may be prescribed by a record retention guideline schedule approved by the director. Records preserved under the provisions of this section shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
(2) If a solicitation is canceled prior to award of a contract, the administrator shall immediately return all bids to the submitting vendors or delete bids that were received electronically. Bids returned or deleted pursuant to this subsection shall not be subject to disclosure under chapter 1, title 74, Idaho Code.
History:
[67-9215, added 2016, ch. 289, sec. 4, p. 797.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9216 - OPEN CONTRACTS.

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 that an exemption would be in the best interest of the state.
(2) A request for an exemption shall be made in writing and explain why the exemption would be in the best interest of the state.
(3) The administrator’s determination to grant an exemption shall be made in writing and explain the justification for the exemption.
(4) The administrator shall make an annual report to the legislature on the first day of the regular session, which report shall detail:
(a) The exemptions requested during the previous year;
(b) Whether the exemptions were granted or denied; and
(c) The reason each exemption was granted or denied.
History:
[67-9216, added 2016, ch. 289, sec. 4, p. 797.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9217 - DISQUALIFICATION OF VENDORS.

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 specifications to be drawn so as to favor a specific vendor;
(c) Use of the provisions of this chapter to obstruct or unreasonably delay acquisitions by the state;
(d) Perjury in a vendor disqualification hearing;
(e) Knowingly violate the provisions of this chapter; or
(f) Debarment, suspension or ineligibility from federal contracting of the vendor, its principals or its affiliates.
(3) A vendor shall be notified by registered mail within ten (10) days of the vendor’s disqualification by the administrator. The vendor may, within thirty (30) days of the receipt of such notice, request a hearing, which shall be held in accordance with chapter 52, title 67, Idaho Code.
(4) In lieu of disqualification, the determinations officer at a hearing conducted pursuant to subsection (3) of this section may recommend to the director specific conditions to the vendor’s continued participation in acquisitions by the state.
(5) Disqualification or conditions may be imposed for a period of not less than six (6) months or not more than five (5) years.
(6) For purposes of this section, "obstruction" means a lack of success in more than fifty percent (50%) of the specification challenges made in each of three (3) different acquisitions during any twenty-four (24) month period.
History:
[67-9217, added 2016, ch. 289, sec. 4, p. 798.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9218 - PAYMENT OF CONTRACTORS.

67-9218. PAYMENT OF CONTRACTORS. (1) Within ten (10) days after the property acquired is delivered as called for by the specifications, the acquiring agency shall complete all processing required of that agency to permit the contractor to be paid according to the terms of the contract.
(2) Within ten (10) days of receipt of the documents necessary to permit payment of the contractor according to the terms of the contract, the state controller shall cause a warrant to be issued in favor of the contractor and delivered.
(3) Contracts let or entered into by or through the division of purchasing are exempt from the provisions of section 67-2302, Idaho Code; provided however, that late contract payments may be assessed interest by the contractor at the rate set forth in section 63-3045, Idaho Code, unless another rate is established by the contract.
History:
[67-9218, added 2016, ch. 289, sec. 4, p. 798.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9219 - CONTRACT OVERSIGHT.

67-9219. CONTRACT OVERSIGHT. (1) Subject to approval of the director, the administrator shall formulate rules that establish policies and procedures relating to the administration, management, monitoring and oversight of contracts entered by an agency.
(2) Any officer, institution or entity that is excluded from the definition of "agency" under section 67-9203, Idaho Code, but that may enter contracts obligating the state, shall establish policies and procedures relating to the administration, management, monitoring and other oversight of such contracts.
(3) Policies and procedures established pursuant to subsection (1) or (2) of this section shall define the roles and responsibilities of those persons assigned to administer, manage, monitor or otherwise oversee state contracts.
(4) Each officer, agency, institution or entity that may enter contracts obligating the state, regardless of whether such officer, agency, institution or entity is included in the definition of "agency" under section 67-9203, Idaho Code, shall make an annual report to the legislature on all qualifying contracts entered into by the officer, agency, institution or entity during the previous year. The report shall be made on the first day of the regular legislative session and shall include the following information for each contract:
(a) The amount;
(b) The duration;
(c) The parties; and
(d) The subject.
(5) For purposes of this section, a qualifying contract is one entered into with a state institution of higher education pursuant to section 67-2332A, Idaho Code, or one valued at more than one million five hundred thousand dollars ($1,500,000) over the duration of the contract and that is:
(a) Awarded as a result of a sole source or other noncompetitive procurement pursuant to section 67-9221, Idaho Code;
(b) A multiyear contract; or
(c) Part of a multiple award.
History:
[67-9219, added 2016, ch. 289, sec. 4, p. 798; am. 2021, ch. 71, sec. 2, p. 253.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9220 - INVENTORIES.

67-9220. INVENTORIES. Every agency shall submit to the administrator, at such times as the administrator may require, a written statement containing full information as to all property then in the agency’s possession and the estimated requirements of the agency for such period as the administrator may designate. Further, the administrator may, at any time, inspect or cause to be inspected and inventoried all such property in any agency, and it shall be the duty of each officer and employee thereof to assist and furnish to the administrator full information for purposes of such examination or investigation.
History:
[67-9220, added 2016, ch. 289, sec. 4, p. 799.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9221 - NONCOMPETITIVE AND EMERGENCY PROCUREMENTS.

67-9221. NONCOMPETITIVE AND EMERGENCY PROCUREMENTS. (1) The administrator may allow noncompetitive procurements when:
(a) A particular savings to the state may be obtained through the use of educational discounts, reverse public auctions or acquisition of federal surplus or excess property;
(b) The property is available only from a sole source;
(c) Immediate delivery of the property is required by public exigencies and the administrator has declared that an emergency exists; or
(d) Other circumstances justify a noncompetitive procurement in the opinion of the director and the administrator.
(2) Prior to procuring property from a sole source, the administrator shall post notice of a sole source procurement, unless the property is required for a life-threatening situation or a situation that is immediately detrimental to the public welfare or property. The notice shall be posted in a conspicuous manner as prescribed by rule.
(3) When the administrator has declared an emergency, payment vouchers may be issued on behalf of an agency without sufficient funds to make an emergency procurement. A payment voucher shall include a statement of justification for the emergency procurement.
(4) There will not be noncompetitive procurement from a state institution of higher education, as defined in section 67-2332A, Idaho Code, unless:
(a) The contract meets the following criteria:
(i) It is for less than ten thousand dollars ($10,000); and
(ii) It is either not a contract for services or it is a contract for services related to lodging or events;
(b) The contract is between state institutions of higher education; or
(c) The administrator makes a written determination that the circumstances of the acquisition are consistent with the provisions of subsection (1) of this section.
History:
[67-9221, added 2016, ch. 289, sec. 4, p. 799; am. 2021, ch. 71, sec. 3, p. 253.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9222 - NONOWNED PROPERTY.

67-9222. NONOWNED PROPERTY. (1) Bids submitted for the acquisition of any property, the terms of payment for which are other than those of a procurement with attendant passage of title, shall be prepared on a basis that will allow the state full unlimited use, except for those periods required by the owner of such property for normal maintenance, without incurring additional costs to the state beyond those included in the bid price submitted.
(2) Any exercise by the state of an option to acquire previously nonowned property, or any other procedure that shall serve to pass title to the state where no passage of title existed before, shall be deemed to be a new acquisition and, prior to execution, all applicable provisions and procedures of this chapter shall be exercised.
History:
[67-9222, added 2016, ch. 289, sec. 4, p. 799.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9223 - EXCHANGE OF STATE PROPERTY.

67-9223. EXCHANGE OF STATE PROPERTY. (1) Whenever an agency owns property no longer economical to use, the administrator may dispose of such property by exchanging the same in part payment for new property, as provided for in this section. The administrator shall include in the solicitation a full description of the property to be exchanged as part payment and shall permit vendors to examine the same. The contract shall be awarded on the basis of net cost to the state after allowance for the property to be exchanged in part payment. In addition, the administrator may permit an exchange of property in part payment for new property acquisitions from contracts for the same or similar property.
(2) Exchange of property pursuant to this section will be permitted only when it is determined by the administrator that all other methods of disposal of the property sought to be exchanged will yield less value to the state.
History:
[67-9223, added 2016, ch. 289, sec. 4, p. 800.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9224 - COOPERATIVE AND GROUP DISCOUNT PURCHASING.

67-9224. COOPERATIVE AND GROUP DISCOUNT PURCHASING. (1) The administrator may authorize an agency to:
(a) Become a participating member of a group discount purchasing organization;
(b) Participate in, sponsor, conduct or administer a cooperative purchasing agreement for property with one (1) or more public agencies, independent of the requirements of section 67-2329, Idaho Code; or
(c) Utilize contracts of other public agencies within this state upon determining that the contract was let in a manner that constitutes competitive bidding consistent with the requirements of this chapter and is otherwise in the best interest of the state.
(2) The state’s participation in a cooperative purchase or group discount purchasing organization must be formalized by a written agreement.
(3) The state’s entrance fee or participation fee in a group discount purchasing organization must be based on criteria applied to all other members of the organization.
(4) Any agreement entered into pursuant to subsection (2) of this section shall be maintained on file with the division as well as with the agency entering into the agreement.
History:
[67-9224, added 2016, ch. 289, sec. 4, p. 800; am. 2017, ch. 188, sec. 1, p. 426.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9225 - PROCUREMENT BY STATE INSTITUTIONS OF HIGHER EDUCATION.

67-9225. PROCUREMENT BY STATE INSTITUTIONS OF HIGHER EDUCATION. (1) A state institution of higher education may establish policies and procedures for procuring property that shall be substantially consistent with the requirements for procuring property as set forth in this chapter and that shall be approved by the state board of education. When the state board of education has approved such policies and procedures for a state institution of higher education, the institution shall not be subject to the provisions of this chapter, except as provided in subsections (2) and (3) of this section.
(2) When the state enters into an open contract, a state institution of higher education must use the open contract, or the institution may procure property from a vendor that is not party to the open contract if the cost to the institution would be equal to or less than the price of the property under the open contract.
(3)(a) The state board of education shall not approve policies and procedures pursuant to subsection (1) of this section if such policies and procedures permit the consideration of environmental, social, and governance standards in procurement decisions.
(b) The state board of education shall revoke approval of policies and procedures pursuant to subsection (1) of this section if:
(i) The approval was granted prior to July 1, 2023; and
(ii) The policies and procedures violate the provisions of this subsection.
(c) If a state institution of higher education’s policies and procedures are revoked pursuant to paragraph (b) of this subsection, then such institution shall be subject to the provisions of this chapter until such time as new policies and procedures for the institution are approved by the state board of education.
History:
[67-9225, added 2016, ch. 289, sec. 4, p. 800; am. 2017, ch. 187, sec. 1, p. 425; am. 2023, ch. 129, sec. 7, p. 371.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9226 - DISCOUNTS.

67-9226. DISCOUNTS. (1) Whenever an employee of an agency is charged with the responsibility of procuring property for and on behalf of the state, the employee shall, if possible, negotiate discounts normally given in the ordinary course of business including, but not limited to, discounts for prompt payment and discounts for bulk acquisitions.
(2) It shall be the duty of the administrator to prescribe by rule the manner by which to obtain discounts.
History:
[67-9226, added 2016, ch. 289, sec. 4, p. 800.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9227 - CONTRACTS WITH FEDERAL GOVERNMENT EXEMPT FROM CERTAIN PROVISIONS.

67-9227. CONTRACTS WITH FEDERAL GOVERNMENT EXEMPT FROM CERTAIN PROVISIONS. The administrator, on behalf of any agency, and the comparable purchasing officers of the several political subdivisions, municipal corporations and public agencies of the state on behalf of such political subdivisions, municipal corporations and public agencies, within the limits of available appropriations and requisitions made for acquisition thereof, may enter into any contract with the United States of America, or with any agency thereof, or with any agency established for disposition or distribution of surplus federal properties within this state, for the acquisition of any property, real or personal, without regard to provisions of law that require:
(1) The posting of notices;
(2) Public advertising;
(3) Inviting or receiving competitive bids; or
(4) Delivery of property acquired before payment in any case in which delivery may be constructively accomplished without manual possession.
History:
[67-9227, added 2016, ch. 289, sec. 4, p. 801.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9228 - ACQUISITION OF PROPERTY — GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SCHEDULE CONTRACTS.

67-9228. ACQUISITION OF PROPERTY — GENERAL SERVICES ADMINISTRATION FEDERAL SUPPLY SCHEDULE CONTRACTS. Notwithstanding any provision in this chapter to the contrary, the administrator may, instead of soliciting bids, contract for property at a price equal to or less than the contractor’s current federal supply contract price for sales to the general services administration of the United States without the use of competitive bids, so long as the contractor has indicated a willingness in writing to extend such contractor pricing, terms and conditions to the administrator, and the administrator considers the price to be advantageous to the state.
History:
[67-9228, added 2016, ch. 289, sec. 4, p. 801.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9229 - APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

67-9229. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. (1) All rules of the division of purchasing shall be adopted in accordance with the provisions of chapter 52, title 67, Idaho Code. Only appeals conducted as contested cases pursuant to section 67-9232(3)(a)(iii), Idaho Code, shall be subject to the judicial review provisions of chapter 52, title 67, Idaho Code. This section shall not impair any contract right or contract remedy that may exist between the state and a properly licensed contractor or vendor.
(2) A determinations officer appointed by the director pursuant to the provisions of this chapter may subpoena witnesses and evidence and administer oaths.
(3) In the event that a determinations officer is appointed pursuant to the provisions of section 67-9232, Idaho Code, any vendor who has submitted a bid in the process under review shall, notwithstanding any other disability, have standing to intervene in the proceeding as a party, and such intervenor may participate in the purchase appeal or appeal from any final order entered in a contested case conducted under section 67-9232(3)(a)(iii), Idaho Code.
History:
[67-9229, added 2016, ch. 289, sec. 4, p. 801.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9230 - PROHIBITIONS.

67-9230. PROHIBITIONS. (1) No contract or any interest therein shall be transferred by the contractor to whom such contract is given to any other party without approval in writing by the administrator and by the board of examiners pursuant to section 67-1027, Idaho Code. Transfer of a contract without approval shall cause the annulment of the contract so transferred, at the option of the state. All rights of action, however, for any breach of such contract by the contracting parties are reserved to the state.
(2) No member of the legislature or any officer or employee of any branch of the state government shall directly, himself, or by any other person in trust for him or for his use or benefit or on his account, undertake, execute, hold or enjoy, in whole or in part, any contract made or entered into by or on behalf of the state of Idaho, if made by, through, or on behalf of the department in which he is an officer or employee; or if made by, through or on behalf of any other department unless the same is made after competitive bids.
(3) Except as provided in this chapter, no officer or employee shall influence or attempt to influence the award of a contract to a particular vendor, or to deprive or attempt to deprive any vendor of a contract.
(4) No officer or employee shall conspire with a vendor or its agent, and no vendor or its agent shall conspire with an officer or employee, to influence or attempt to influence the award of a contract, or to deprive or attempt to deprive a vendor of a contract.
(5) No officer or employee shall fail to use an open contract except as provided in this chapter.
(6) No officer or employee shall accept property knowing that the property does not meet specifications or other acceptance criteria set forth in the contract.
(7) Deprivation, influence or attempts thereat shall not include written reports, based upon substantial evidence, sent to the administrator concerning matters relating to the responsibility of vendors.
(8) No vendor or related party, or subsidiary, or affiliate of a vendor, may submit a bid to obtain a contract to provide property to the state, if the vendor or related party, or affiliate or subsidiary was paid for services used in preparing the specifications or if the services influenced the procurement process.
History:
[67-9230, added 2016, ch. 289, sec. 4, p. 801.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9231 - PENALTIES.

67-9231. PENALTIES. (1) Any person convicted of a violation of subsection (1), (2), (3) or (8) of section 67-9230, Idaho Code, shall be guilty of a misdemeanor.
(2) Any person convicted of a violation of subsection (4) of section 67-9230, Idaho Code, shall be guilty of a felony.
(3) Any officer or employee found to have violated the provisions of subsection (5) or (6) of section 67-9230, Idaho Code, may, by order of a determinations officer appointed by the director, be suspended without pay for not more than ninety (90) working days, have a reprimand entered in his personnel file, or both.
History:
[67-9231, added 2016, ch. 289, sec. 4, p. 802.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9233 - ETHICS IN PROCUREMENT.

67-9233. ETHICS IN PROCUREMENT. (1) It is the intent of the legislature that all persons involved in the process of procuring property for the state conduct themselves in a manner that protects the public interest and fosters confidence in the integrity of the process. To that end, this section shall apply to all such persons, including:
(a) State officers, even if the officer or officer’s employer is excluded from the definition of "agency" under section 67-9203, Idaho Code;
(b) State employees, even if the employee works for an officer, institution or entity that is excluded from the definition of "agency" under section 67-9203, Idaho Code; and
(c) Vendors or any person acting on behalf of a vendor.
(2) In any matter relating to state procurement, it is an unethical breach of the public trust to:
(a) Knowingly attempt to realize personal gain through state office or employment by any conduct inconsistent with this chapter or any other applicable law or rule;
(b) Attempt to influence a state officer or employee to violate the policy or provisions of this chapter or any other applicable law or rule; or
(c) Knowingly violate an applicable law or rule.
(3) Subject to due process requirements, and in addition to any other administrative, civil or criminal sanctions provided by law or rule, a state employee’s supervisor may impose the following sanctions on the employee for an unethical breach of the public trust:
(a) A reprimand or warning, either oral or written;
(b) Suspension with or without pay for a specified period of time; or
(c) Termination of employment.
(4) In addition to any other administrative, civil or criminal sanction provided by law or rule, a vendor who commits an unethical breach of the public trust, or whose advocate or representative commits an unethical breach of the public trust, may be disqualified pursuant to section 67-9217, Idaho Code.
History:
[67-9233, added 2016, ch. 289, sec. 4, p. 805.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9234 - SEVERABILITY.

67-9234. SEVERABILITY. Insofar as a 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 the remaining portions of this chapter.
History:
[67-9234, added 2016, ch. 289, sec. 4, p. 805.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 93 - COMMITTEE ON FEDERALISM › Section 67-9301 - COMMITTEE ON FEDERALISM — APPOINTMENT OF MEMBERS — ORGANIZATION — POWERS AND DUTIES.

67-9301. COMMITTEE ON FEDERALISM — APPOINTMENT OF MEMBERS — ORGANIZATION — POWERS AND DUTIES. (1) There is hereby created the committee on federalism, which shall consist of ten (10) members, with five (5) members from the senate as appointed by the president pro tempore of the senate, one (1) of whom shall be a member of the minority party and one (1) of whom shall be cochair of the committee, and five (5) members from the house of representatives as appointed by the speaker of the house of representatives, one (1) of whom shall be a member of the minority party and one (1) of whom shall be cochair of the committee. Members shall be appointed based on knowledge of and experience with the United States and Idaho constitutions. The committee is authorized to receive input, advice, and assistance from interested and affected parties who are not members of the legislature.
(2) The committee shall monitor and review federal acts, laws, and regulations that may impact the jurisdiction, governance, and sovereignty of the state of Idaho. The committee shall evaluate whether said federal acts, laws, and regulations are authorized by the United States constitution or if they violate the principles of federalism. The cochairs of the committee may create subcommittees to study various federal matters including, but not limited to, health care, transportation, agriculture, education, and federal lands, and for each subcommittee may appoint one (1) sub-cochair from the senate and one (1) sub-cochair from the house of representatives to act as cochairs of a subcommittee. The sub-cochairs of each subcommittee may appoint ad hoc legislative members and other advisors to serve on the subcommittee but in no event shall a subcommittee have more than seven (7) members, including the sub-cochairs. Any advisors to the subcommittee who are not legislative members shall not be reimbursed from legislative funds for per diem, mileage, or other expenses and shall not have voting privileges regarding the subcommittee’s recommendations and proposed legislation. The subcommittees shall report any recommendations or proposed legislation to the committee as a whole. The committee shall from time to time advise the legislature of its findings and recommendations.
(3) The committee shall meet at least twice a year and may be called for special meetings by the cochairs of the committee. Six (6) members shall constitute a quorum. Members of the committee shall be compensated as provided by the citizens’ committee on legislative compensation in the same manner as interim legislative meetings, which compensation shall be paid from the legislative account.
(4) Notwithstanding any other provision of law to the contrary, the committee, acting through the cochairs, may utilize staff and resources within state government.
History:
[67-9301, added 2019, ch. 315, sec. 1, p. 940.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9401 - SHORT TITLE.

67-9401. SHORT TITLE. This chapter shall be known and may be cited as the "Occupational Licensing Reform Act."
History:
[(67-9401) 67-9301, added 2019, ch. 296, sec. 1, p. 878; am. and redesig. 2021, ch. 321, sec. 42, p. 985.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9402 - DECLARATION OF POLICY.

67-9402. DECLARATION OF POLICY. The Idaho legislature, recognizing a need for occupational licensing reform, declares it to be the policy of the state to adopt a comprehensive and proactive approach to reducing occupational licensing constraints and barriers.
History:
[(67-9402) 67-9302, added 2019, ch. 296, sec. 1, p. 878; am. and redesig. 2021, ch. 321, sec. 42, p. 985.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9403 - DEFINITIONS.

67-9403. DEFINITIONS. As used in this chapter:
(1) "Honorable conditions" means an honorable discharge or a general discharge "under honorable conditions."
(2) "Licensing authority" means any agency, bureau, commission, department, division, or professional or occupational licensing board charged with granting, suspending, or revoking the license, certificate, registration, permit, or other authorization of any person to practice a profession or occupation, including but not limited to the professional and occupational licensing boards within the department of self-governing agencies. The term licensing authority does not include the board of commissioners of the Idaho state bar as established pursuant to chapter 4, title 3, Idaho Code, or the Idaho supreme court.
(3) "Licensure" means a license, certificate, registration, permit, or other authorization of any person to practice a profession or occupation.
(4) "Military" means the armed forces or reserves of the United States, including the army, navy, marine corps, coast guard, air force, and the reserve components thereof, the national guard of any state, the military reserves of any state, or the naval militia of any state.
(5) "Veteran" means any person who has been discharged or released from active duty in the armed forces under honorable conditions provided the person has served on active duty for a minimum of one hundred eighty (180) consecutive days.
History:
[(67-9403) 67-9303, added 2019, ch. 296, sec. 1, p. 878; am. and redesig. 2021, ch. 321, sec. 42, p. 985; am. 2023, ch. 124, sec. 1, p. 357.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9404 - MILITARY EDUCATION, TRAINING, AND SERVICE — QUALIFICATIONS FOR LICENSURE.

67-9404. MILITARY EDUCATION, TRAINING, AND SERVICE — QUALIFICATIONS FOR LICENSURE. A licensing authority shall accept relevant and applicable military education, training, or service by an individual as a member of the armed forces or a veteran toward the qualifications to receive licensure. Each licensing authority shall promulgate applicable rules to implement the provisions of this section.
History:
[(67-9404) 67-9304, added 2019, ch. 296, sec. 1, p. 879; am. and redesig. 2021, ch. 321, sec. 42, p. 985.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9405 - EXPEDITED APPLICATION — MEMBERS OF THE MILITARY, VETERANS, AND SPOUSES.

67-9405. EXPEDITED APPLICATION — MEMBERS OF THE MILITARY, VETERANS, AND SPOUSES. A licensing authority shall expedite the application of a member of the military, a former member of the military after discharge under honorable conditions, a veteran, or a spouse of any such person, to receive licensure if such member, former member, veteran, or spouse possesses necessary education, qualifications, licensure, or certification from another state, district, or territory of the United States, or in any branch of the armed forces or the national guard. Each licensing authority shall promulgate applicable rules to implement the provisions of this section.
History:
[(67-9405) 67-9305, added 2019, ch. 296, sec. 1, p. 879; am. and redesig. 2021, ch. 321, sec. 42, p. 986.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9407 - REPORT TO LEGISLATURE.

67-9407. REPORT TO LEGISLATURE. A licensing authority shall, by January 1, 2020, prepare and deliver to an appropriate germane legislative committee information regarding the rules, if any, implemented under this chapter.
History:
[(67-9407) 67-9307, added 2019, ch. 296, sec. 1, p. 880; am. and redesig. 2021, ch. 321, sec. 42, p. 986.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9410 - INQUIRY REGARDING THE POTENTIAL IMPACT OF A CRIMINAL CONVICTION.

67-9410. INQUIRY REGARDING THE POTENTIAL IMPACT OF A CRIMINAL CONVICTION. (1) An individual who has been convicted of a criminal offense may request, at any time, that a licensing authority opine as to whether the individual’s criminal conviction could disqualify the individual from obtaining a license, certificate, registration, permit, or other authorization to practice a profession or occupation issued or conferred by the licensing authority. An individual making such an inquiry shall include details of the individual’s criminal record and any payment required by the licensing authority. A licensing authority may charge a fee of no more than twenty-five dollars ($25.00) for each inquiry made under this section to reimburse the costs it incurs in issuing the opinion.
(2) No later than sixty (60) days or at the next regular meeting after receiving an inquiry under this section, the licensing authority shall inform the individual whether, based on the criminal record information submitted, the individual is disqualified from receiving or holding the license about which the individual inquired.
(3) A licensing authority shall not be bound by an opinion issued under this section if it later determines that the facts and circumstances submitted in the individual’s inquiry were not complete and accurate, that the individual’s criminal background is different than described in the inquiry, that a subsequent criminal offense or other relevant conduct occurred after the inquiry was submitted, or that a change in law or regulation requires a different determination.
History:
[67-9410, added 2020, ch. 175, sec. 1, p. 504.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9411 - EVALUATION OF CRIMINAL CONVICTIONS.

67-9411. EVALUATION OF CRIMINAL CONVICTIONS. (1) A licensing authority shall not deny, suspend, revoke, or discipline a license, certificate, registration, permit, or other authorization to practice a profession or occupation on the basis of a person having a prior conviction of a crime, unless such conviction is currently relevant to the person’s fitness to engage in such profession or occupation as determined by the licensing authority. The licensing authority shall make its determination based on consideration of the following factors:
(a) The nature and seriousness of the crime for which the individual was convicted;
(b) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation;
(c) The passage of time since the commission of the crime;
(d) Any evidence of rehabilitation or treatment undertaken by the individual; and
(e) Any other relevant factor.
(2) A licensing authority shall not deny, suspend, revoke, or discipline a license, certificate, registration, permit, or other authorization to practice a profession or occupation on the basis of vague or generic terminology related to a criminal conviction, including but not limited to "moral turpitude" or "moral character." Where such terms appear in code or rule with respect to a criminal conviction, a licensing authority shall conduct a relevancy evaluation pursuant to subsection (1) of this section.
(3) In lieu of denying licensure to an applicant based on a prior criminal conviction, a licensing authority may, after considering the factors as set forth in subsection (1) of this section, issue conditional licensure for a period of one (1) year. Upon successful completion of the probational conditions, the licensing authority shall issue a full, unrestricted license. Any failure to successfully complete the probational conditions shall result in revocation of the conditional licensure and denial of full, unrestricted licensure.
History:
[67-9411, added 2020, ch. 175, sec. 1, p. 505; am. 2023, ch. 124, sec. 3, p. 358.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 94 - OCCUPATIONAL LICENSING REFORM ACT › Section 67-9412 - TREATMENT OF APPRENTICESHIP PROGRAMS FOR LICENSING PURPOSES.

67-9412. TREATMENT OF APPRENTICESHIP PROGRAMS FOR LICENSING PURPOSES. (1) For purposes of this section, "applicable apprenticeship program" means a paid on-the-job learning program that has been adopted by an Idaho licensing authority or the United States department of labor or a standards recognition entity recognized by the United States department of labor.
(2) A licensing authority shall grant a license to any applicant who has:
(a) Completed an applicable apprenticeship program;
(b) Passed an applicable examination, if required by a licensing authority;
(c) Paid any applicable fees; and
(d) Met any other criteria unrelated to training and education ordinarily required by a licensing authority.
(3) If a licensing authority denies licensure to an applicant on the basis that the applicant’s apprenticeship is not an applicable apprenticeship program, such licensing authority shall issue such denial in writing and explain why the applicant’s apprenticeship program has been deemed inapplicable by the licensing authority. Such decision shall be a final administrative action and shall be subject to judicial review.
(4) If a licensing authority requires an examination, it shall require the same passing score for applicants under this section as for non-apprentice applicants. If a relevant licensing authority does not require an examination, no examination shall be required for applicants seeking to obtain licensure through an applicable apprenticeship program.
(5) A licensing authority shall use the same licensing fee for applicants under this section as for applicants under the standard licensing process. If a licensing authority does not require a fee, no fee shall be required for applicants who obtain licensure through an applicable apprenticeship program.
(6) A licensing authority shall not establish increased education or training requirements, including increased hour requirements, for applicants who have completed an applicable apprenticeship program under this section.
(7) Licensing authorities may work with the relevant agencies, such as the state department of education, the workforce development council, and the division of career technical education to ensure that applicable apprenticeship programs are available and known to secondary and postsecondary students.
(8) Licensing authorities without applicable apprenticeship programs may consider apprenticeship programs as a path to licensure if, in the discretion of a licensing authority, apprenticeship is appropriate.
History:
[67-9412, added 2021, ch. 202, sec. 1, p. 553.]