reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 82 - DEVELOPMENT IMPACT FEES › Section 67-8204A - INTERGOVERNMENTAL AGREEMENTS.

67-8204A. INTERGOVERNMENTAL AGREEMENTS. Governmental entities as defined in section 67-8203(14), Idaho Code, that are jointly affected by development are authorized to enter into intergovernmental agreements with each other or with highway districts, fire districts, ambulance districts, water districts, sewer districts, recreational water and sewer districts, or irrigation districts for the purpose of developing joint plans for capital improvements or for the purpose of agreeing to collect and expend development impact fees for system improvements, or both, provided that such agreement complies with any applicable state laws. Governmental entities are also authorized to enter into agreements with the Idaho transportation department for the expenditure of development impact fees pursuant to a developer’s agreement under section 67-8214, Idaho Code.
History:
[67-8204A, added 1996, ch. 366, sec. 3, p. 1232; am. 2007, ch. 167, sec. 1, p. 496; am. 2021, ch. 95, sec. 1, p. 325.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 82 - DEVELOPMENT IMPACT FEES › Section 67-8207 - PROPORTIONATE SHARE DETERMINATION.

67-8207. PROPORTIONATE SHARE DETERMINATION. (1) All development impact fees shall be based on a reasonable and fair formula or method under which the development impact fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the governmental entity in the provision of system improvements to serve the new development. The proportionate share is the cost attributable to the new development after the governmental entity considers the following: (i) any appropriate credit, offset or contribution of money, dedication of land, or construction of system improvements; (ii) payments reasonably anticipated to be made by or as a result of a new development in the form of user fees and debt service payments; (iii) that portion of general tax and other revenues allocated by the jurisdiction to system improvements; and (iv) all other available sources of funding such system improvements.
(2) In determining the proportionate share of the cost of system improvements to be paid by the developer, the following factors shall be considered by the governmental entity imposing the development impact fee and accounted for in the calculation of the impact fee:
(a) The cost of existing system improvements within the service area or areas;
(b) The means by which existing system improvements have been financed;
(c) The extent to which the new development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions.
(d) The extent to which the new development is required to contribute to the cost of existing system improvements in the future.
(e) The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas;
(f) Extraordinary costs, if any, incurred in serving the new development;
(g) The time and price differential inherent in a fair comparison of fees paid at different times; and
(h) The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation. The governmental entity shall develop a plan for alternative sources of revenue.
History:
[67-8207, added 1992, ch. 282, sec. 1, p. 869; am. 1996, ch. 366, sec. 4, p. 1233; am. 2002, ch. 347, sec. 3, p. 989.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 82 - DEVELOPMENT IMPACT FEES › Section 67-8209 - CREDITS.

67-8209. CREDITS. (1) In the calculation of development impact fees for a particular project, credit or reimbursement shall be given for the present value of any construction of system improvements or contribution or dedication of land or money required by a governmental entity from a developer for system improvements of the category for which the development impact fee is being collected, including such system improvements paid for pursuant to a local improvement district. Credit or reimbursement shall not be given for project improvement.
(2) In the calculation of development impact fees for a particular project, credit shall be given for the present value of all tax and user fee revenue generated by the developer, within the service area where the impact fee is being assessed and used by the governmental agency for system improvements of the category for which the development impact fee is being collected. If the amount of credit exceeds the proportionate share for the particular project, the developer shall receive a credit on future impact fees for the amount in excess of the proportionate share. The credit may be applied by the developer as an offset against future impact fees only in the service area where the credit was generated.
(3) If a developer is required to construct, fund or contribute system improvements in excess of the development project’s proportionate share of system improvement costs, including such system improvements paid for pursuant to a local improvement district, the developer shall receive a credit on future impact fees or be reimbursed at the developer’s choice for such excess construction, funding or contribution from development impact fees paid by future development which impacts the system improvements constructed, funded or contributed by the developer(s) or fee payer.
(4) If credit or reimbursement is due to the developer pursuant to this section, the governmental entity shall enter into a written agreement with the fee payer, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement.
History:
[67-8209, added 1992, ch. 282, sec. 1, p. 871; am. 1996, ch. 366, sec. 6, p. 1235; am. 1999, ch. 291, sec. 10, p. 730; am. 2002, ch. 347, sec. 5, p. 991.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 82 - DEVELOPMENT IMPACT FEES › Section 67-8210 - EARMARKING AND EXPENDITURE OF COLLECTED DEVELOPMENT IMPACT FEES.

67-8210. EARMARKING AND EXPENDITURE OF COLLECTED DEVELOPMENT IMPACT FEES. (1) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one (1) or more interest-bearing accounts within the capital projects fund. Accounting records shall be maintained for each category of system improvements and the service area in which the fees are collected. Interest earned on development impact fees shall be considered funds of the account on which it is earned, and not funds subject to section 57-127, Idaho Code, and shall be subject to all restrictions placed on the use of development impact fees under the provisions of this chapter.
(2) Expenditures of development impact fees shall be made only for the category of system improvements and within or for the benefit of the service area for which the development impact fee was imposed as shown by the capital improvements plan and as authorized in this chapter. Development impact fees shall not be used for any purpose other than system improvement costs to create additional improvements to serve new growth.
(3) As part of its annual audit process, a governmental entity shall prepare an annual report:
(a) Describing the amount of all development impact fees collected, appropriated, or spent during the preceding year by category of public facility and service area; and
(b) Describing the percentage of tax and revenues other than impact fees collected, appropriated or spent for system improvements during the preceding year by category of public facility and service area.
(4) Collected development impact fees must be expended within eight (8) years from the date they were collected, on a first-in, first-out (FIFO) basis, except that the development impact fees collected for wastewater collection, treatment and disposal and drainage facilities must be expended within twenty (20) years. Any funds not expended within the prescribed times shall be refunded pursuant to section 67-8211, Idaho Code. A governmental entity may hold the fees for longer than eight (8) years if it identifies, in writing:
(a) A reasonable cause why the fees should be held longer than eight (8) years; and
(b) An anticipated date by which the fees will be expended but in no event greater than eleven (11) years from the date they were collected.
History:
[67-8210, added 1992, ch. 282, sec. 1, p. 871; am. 1996, ch. 366, sec. 7, p. 1236; am. 2002, ch. 347, sec. 6, p. 992; am. 2006, ch. 321, sec. 2, p. 1020.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 82 - DEVELOPMENT IMPACT FEES › Section 67-8211 - REFUNDS.

67-8211. REFUNDS. (1) Any governmental entity which adopts a development impact fee ordinance shall provide for refunds upon the request of an owner of property on which a development impact fee has been paid if:
(a) Service is available but never provided;
(b) A building permit or permit for installation of a manufactured home is denied or abandoned;
(c) The governmental entity, after collecting the fee when service is not available, has failed to appropriate and expend the collected development impact fees pursuant to section 67-8210(4), Idaho Code; or
(d) The fee payer pays a fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate share to which the governmental entity was entitled to receive.
(2) When the right to a refund exists, the governmental entity is required to send a refund to the owner of record within ninety (90) days after it is determined by the governmental entity that a refund is due.
(3) A refund shall include a refund of interest at one-half (1/2) the legal rate provided for in section 28-22-104, Idaho Code, from the date on which the fee was originally paid.
(4) Any person entitled to a refund shall have standing to sue for a refund under the provisions of this chapter if there has not been a timely payment of a refund pursuant to subsection (2) of this section.
History:
[67-8211, added 1992, ch. 282, sec. 1, p. 872; am. 2002, ch. 347, sec. 7, p. 993.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 82 - DEVELOPMENT IMPACT FEES › Section 67-8212 - APPEALS.

67-8212. APPEALS. (1) A governmental entity which adopts a development impact fee ordinance shall provide for administrative appeals by the developer or fee payer from any discretionary action or inaction by or on behalf of the governmental entity.
(2) A fee payer may pay a development impact fee under protest in order to obtain a development approval or building permit. A fee payer making such payment shall not be estopped from exercising the right of appeal provided in this chapter, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected.
(3) A governmental entity which adopts a development impact fee ordinance shall provide for mediation by a qualified independent party, upon voluntary agreement by the fee payer and the governmental entity, to address a disagreement related to the impact fee for proposed development. The ordinance shall provide that mediation may take place at any time during the appeals process and participation in mediation does not preclude the fee payer from pursuing other remedies provided for in this section. The ordinance shall provide that mediation costs will be shared equally by the fee payer and the governmental entity.
History:
[67-8212, added 1992, ch. 282, sec. 1, p. 872; am. 1996, ch. 366, sec. 8, p. 1236.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 82 - DEVELOPMENT IMPACT FEES › Section 67-8213 - COLLECTION.

67-8213. COLLECTION. A governmental entity may provide in a development impact fee ordinance the means for collection of development impact fees, including, but not limited to:
(1) Additions to the fee for reasonable interest and penalties for non-payment or late payment;
(2) Withholding of the building permit or other governmental approval until the development impact fee is paid;
(3) Withholding of utility services until the development impact fee is paid; and
(4) Imposing liens for failure to timely pay a development impact fee following procedures contained in chapter 5, title 45, Idaho Code.
A governmental entity that discovers an error in its impact fee formula that results in assessment or payment of more than a proportionate share shall, at the time of assessment on a case by case basis, adjust the fee to collect no more than a proportionate share or discontinue the collection of any impact fees until the error is corrected by ordinance.
History:
[67-8213, added 1992, ch. 282, sec. 1, p. 872; am. 2002, ch. 347, sec. 8, p. 993.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 82 - DEVELOPMENT IMPACT FEES › Section 67-8214 - OTHER POWERS AND RIGHTS NOT AFFECTED.

67-8214. OTHER POWERS AND RIGHTS NOT AFFECTED. (1) Nothing in this chapter shall prevent a governmental entity from requiring a developer to construct reasonable project improvements in conjunction with a development project.
(2) Nothing in this chapter shall be construed to prevent or prohibit private agreements between property owners or developers, the Idaho transportation department and governmental entities in regard to the construction or installation of system improvements or providing for credits or reimbursements for system improvement costs incurred by a developer including interproject transfers of credits or providing for reimbursement for project improvements which are used or shared by more than one (1) development project. If it can be shown that a proposed development has a direct impact on a public facility under the jurisdiction of the Idaho transportation department, then the agreement shall include a provision for the allocation of impact fees collected from the developer for the improvement of the public facility by the Idaho transportation department.
(3) Nothing in this chapter shall obligate a governmental entity to approve development which results in an extraordinary impact.
(4) Nothing in this chapter shall obligate a governmental entity to approve any development request which may reasonably be expected to reduce levels of service below minimum acceptable levels established in the development impact fee ordinance.
(5) Nothing in this chapter shall be construed to create any additional right to develop real property or diminish the power of counties or cities in regulating the orderly development of real property within their boundaries.
(6) Nothing in this chapter shall work to limit the use by governmental entities of the power of eminent domain or supersede or conflict with requirements or procedures authorized in the Idaho Code for local improvement districts or general obligation bond issues.
(7) Nothing herein shall restrict or diminish the power of a governmental entity to annex property into its territorial boundaries or exclude property from its territorial boundaries upon request of a developer or owner, or to impose reasonable conditions thereon, including the recovery of project or system improvement costs required as a result of such voluntary annexation.
History:
[67-8214, added 1992, ch. 282, sec. 1, p. 873; am. 1996, ch. 366, sec. 9, p. 1237.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 82 - DEVELOPMENT IMPACT FEES › Section 67-8215 - TRANSITION.

67-8215. TRANSITION. (1) The provisions of this chapter shall not be construed to repeal any existing laws authorizing a governmental entity to impose fees or require contributions or property dedications for capital improvements. All ordinances imposing development impact fees shall be brought into conformance with the provisions of this chapter within one (1) year after the effective date of this chapter. Impact fees collected and developer agreements entered into prior to the expiration of the one (1) year period shall not be invalid by reason of this chapter. After adoption of a development impact fee ordinance, in accordance with the provisions of this chapter, notwithstanding any other provision of law, development requirements for system improvements shall be imposed by governmental entities only by way of development impact fees imposed pursuant to and in accordance with the provisions of this chapter.
(2) Notwithstanding any other provisions of this chapter, that portion of a project for which a valid building permit has been issued or construction has commenced prior to the effective date of a development impact fee ordinance shall not be subject to additional development impact fees so long as the building permit remains valid or construction is commenced and is pursued according to the terms of the permit or development approval.
History:
[67-8215, added 1992, ch. 282, sec. 1, p. 873.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 82 - DEVELOPMENT IMPACT FEES › Section 67-8216 - SEVERABILITY.

67-8216. SEVERABILITY. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.
History:
[67-8216, added 1992, ch. 282, sec. 1, p. 873.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 86 - LEWIS AND CLARK TRAIL COMMITTEE › Section 67-8601 - GOVERNOR’S IDAHO LEWIS AND CLARK TRAIL COMMITTEE FUND.

67-8601. GOVERNOR’S IDAHO LEWIS AND CLARK TRAIL COMMITTEE FUND. There is hereby created the governor’s Idaho Lewis and Clark trail committee fund in the state treasury. Moneys in the fund may consist of donations, ticket sale proceeds, contributions, appropriations, grants, gifts, bequests or other sources and shall be utilized in support of the efforts of the advisory board to preserve the Lewis and Clark trail.
History:
[67-8601, added 1998, ch. 314, sec. 1, p. 1037; am. 2011, ch. 87, sec. 1, p. 183.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8701 - SHORT TITLE.

67-8701. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Bond Bank Authority Act."
History:
[67-8701, added 2001, ch. 130, sec. 1, p. 452.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8702 - DEFINITIONS.

67-8702. DEFINITIONS. As used in this chapter:
(1) "Authority" or "bond bank authority" means the Idaho bond bank authority.
(2) "Bonds" means bonds, notes or other obligations of the authority issued under this chapter.
(3) "Municipal bond" means a bond, note or other obligation, including a loan, lease or installment sale agreement, issued or undertaken by a municipality for any purpose authorized by law.
(4) "Municipality" means any county, city, municipal corporation, school district, irrigation district, sewer district, water district, highway district or other special purpose district or political subdivision of the state established by law.
(5) "State sales tax account" means any fund or account in the state treasury in which state sales tax moneys are deposited, but only to the extent moneys in such fund or account are attributable to the state sales tax moneys.
History:
[67-8702, added 2001, ch. 130, sec. 1, p. 452; am. 2002, ch. 148, sec. 1, p. 426; am. 2005, ch. 389, sec. 1, p. 1250.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8703 - BOND BANK AUTHORITY CREATED — MEMBERSHIP — VACANCIES — OFFICERS — QUORUM — COMPENSATION.

67-8703. BOND BANK AUTHORITY CREATED — MEMBERSHIP — VACANCIES — OFFICERS — QUORUM — COMPENSATION. (1) There is hereby created an independent public body corporate and politic to be known as the Idaho bond bank authority. The authority is an instrumentality of the state within the state treasurer’s office but has a legal existence independent of and separate from the state with continuing succession until its existence is terminated by law.
(2) The authority shall consist of the following five (5) members:
(a) The state treasurer, or his designee, who shall serve as ex officio chairman;
(b) One (1) member of the senate, who shall be appointed by and serve at the pleasure of the president pro tempore of the senate for a term of two (2) years;
(c) One (1) member of the house of representatives, who shall be appointed by and serve at the pleasure of the speaker of the house of representatives for a term of two (2) years; and
(d) Two (2) members appointed by the governor, who shall serve at the pleasure of the governor for terms of four (4) years, and who shall be residents of the state and qualified voters at the time of appointment.
(3) A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment and for the balance of the unexpired term.
(4) The members may elect, by majority vote, a secretary and a treasurer. The secretary and treasurer may be nonmembers, and the same person may be elected to serve both as secretary and treasurer.
(5) Three (3) members of the authority shall constitute a quorum. Action may be taken and motions and resolutions adopted by the authority at any meeting by the affirmative vote of a majority of members present. A vacancy in the membership of the authority does not impair the right of a quorum to exercise all the powers and perform all the duties of the authority.
(6) Members of the authority shall be compensated as provided by section 59-509(h), Idaho Code, except for those members with salaries established in section 59-501, Idaho Code.
History:
[67-8703, added 2001, ch. 130, sec. 1, p. 453; am. 2013, ch. 105, sec. 1, p. 248.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8704 - RETENTION OF OUTSIDE SERVICES.

67-8704. RETENTION OF OUTSIDE SERVICES. The authority may contract for and engage the services of bond counsel, consultants, experts and others whose services the authority considers necessary or appropriate.
History:
[67-8704, added 2001, ch. 130, sec. 1, p. 453.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8706 - ANNUAL REPORT.

67-8706. ANNUAL REPORT. Before January 1 of each year, the authority shall prepare and submit to the governor and the legislature a report of its activities for the preceding fiscal year. The report shall set out a complete operating and financial statement which covers its operations during the previous fiscal year, and shall include an estimate of the amount of bonds of the authority to be issued during the upcoming fiscal year.
History:
[67-8706, added 2001, ch. 130, sec. 1, p. 454.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8707 - NEGOTIABILITY OF BONDS.

67-8707. NEGOTIABILITY OF BONDS. Notwithstanding any other provision of law, a bond issued under this chapter is fully negotiable, and a holder or owner of a bond, by accepting the bond, is conclusively considered to have agreed that the bond is fully negotiable.
History:
[67-8707, added 2001, ch. 130, sec. 1, p. 454.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8708 - BONDS AS LEGAL INVESTMENTS.

67-8708. BONDS AS LEGAL INVESTMENTS. Notwithstanding any other provisions of law, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, guardians, trustees and other fiduciaries, may legally invest sinking funds, money or other funds belonging to them or within their control in bonds issued under this chapter.
History:
[67-8708, added 2001, ch. 130, sec. 1, p. 454.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8709 - TAX EXEMPTION.

67-8709. TAX EXEMPTION. All property of the authority is public property exempt from all taxes and special assessments of the state or a municipality. All bonds issued under this chapter are issued by a body corporate and politic of this state, and the bonds and the interest and income on and from the bonds and their transfer, and all fees, charges, funds, revenues, interest, income and other moneys or property received by the authority from or in connection with municipal bonds or other assets or operations of the authority, are exempt from every kind of taxation by the state or a municipality.
History:
[67-8709, added 2001, ch. 130, sec. 1, p. 455.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8711 - PURCHASE AND DISPOSITION OF BONDS.

67-8711. PURCHASE AND DISPOSITION OF BONDS. The authority may purchase bonds of the authority. The authority may hold, cancel or resell the bonds subject to, and in accordance with, agreements with holders of its bonds.
History:
[67-8711, added 2001, ch. 130, sec. 1, p. 456.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8712 - PRESUMPTION OF VALIDITY.

67-8712. PRESUMPTION OF VALIDITY. After issuance, all bonds of the authority, and the purchase of all municipal bonds with the proceeds of the bonds, and any contracts entered into in connection with issuance of the bonds, shall be conclusively presumed to be fully authorized and issued under the laws of the state, and all persons, entities and municipalities are estopped from questioning the authorization, sale, issuance, execution or delivery of the bonds and other agreements by the authority.
History:
[67-8712, added 2001, ch. 130, sec. 1, p. 456; am. 2005, ch. 389, sec. 4, p. 1252.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8714 - PERSONAL LIABILITY.

67-8714. PERSONAL LIABILITY. Neither a member of the authority nor a person executing bonds issued or contracts entered into under this chapter shall be liable personally on the bonds or contracts.
History:
[67-8714, added 2001, ch. 130, sec. 1, p. 457.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8715 - EXEMPTION FROM EXECUTION AND SALE.

67-8715. EXEMPTION FROM EXECUTION AND SALE. All property of the authority is exempt from levy and sale by virtue of an execution. No execution or other judicial process may issue against the property of the authority, and a judgment against the authority may not be a charge or lien upon its property; provided however, this section shall not apply to nor limit the rights of a holder of bonds or a trustee on behalf of the holder to pursue a remedy for the enforcement of a pledge, lien or covenant given by the authority or a municipality.
History:
[67-8715, added 2001, ch. 130, sec. 1, p. 457.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8716 - UNLIMITED SALES TAX RECEIPTS PLEDGE.

67-8716. UNLIMITED SALES TAX RECEIPTS PLEDGE. (1) The bond bank authority fund is hereby statutorily created in the state treasury. Moneys in the fund shall be used only as provided in this chapter. Earnings of the bond bank authority fund shall be deposited into the general fund as defined in section 67-1205, Idaho Code.
(2) If sufficient moneys are not available to pay debt service on the bonds of the authority, except for bonds the authority has specifically designated not to receive payment from the sales tax, as of five (5) days prior to the scheduled payment date of such bonds, the state treasurer shall give notice to the state controller, certifying the amount of the deficiency, at least five (5) days prior to the scheduled payment date. After receipt of the certified notice from the state treasurer pursuant to this subsection (2), the state controller shall cause moneys representing state sales tax receipts in the amount of the deficiency certified by the state treasurer to be transferred from the general fund as defined in section 67-1205, Idaho Code, and deposited in the bond bank authority fund; provided however, that in no event shall a transfer of moneys representing state sales tax receipts from the general fund under the provisions of this chapter impede or otherwise affect the payment of sales tax moneys pledged for the payment on other state bonds outstanding on the effective date of this act or subsequently issued as tax anticipation notes pursuant to section 63-3202, Idaho Code.
(3) Moneys transferred from the general fund to the bond bank authority fund pursuant to subsection (2) of this section shall be deposited in the reserve fund as replacement moneys for amounts withdrawn from the reserve fund to pay debt service on the bonds pursuant to section 67-8725, Idaho Code, to the extent such moneys are derived from amounts appropriated to the reserve fund by the legislature, or shall be used to pay debt service when due on bonds for which other moneys available pursuant to section 67-8727, Idaho Code, are insufficient.
(4) The state of Idaho pledges to and agrees with the holders of any bonds that the state will not alter, impair or limit the rights vested by the sales tax account pledge provided in this section and in section 63-3638, Idaho Code, with respect to the bonds until the bonds, together with applicable interest, are fully paid and discharged.
(5) To the extent that other legally available revenues and funds of the state are insufficient to meet the certified deficiency, the state tax commission shall transfer moneys from the sales tax account in section 63-3638, Idaho Code.
History:
[67-8716, added 2001, ch. 130, sec. 1, p. 458; am. 2002, ch. 148, sec. 4, p. 429; am. 2005, ch. 389, sec. 6, p. 1254; am. 2008, ch. 407, sec. 1, p. 1116; am. 2011, ch. 214, sec. 1, p. 600.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8717 - LIEN OF PLEDGE.

67-8717. LIEN OF PLEDGE. A pledge of sales tax revenues made by the authority is binding from the time the pledge is made. Sales tax revenues so pledged and thereafter received by the authority are immediately subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of a pledge is binding against all parties having claims against the authority of any kind in tort, contract, or otherwise, regardless of whether the parties have notice of the lien and notwithstanding any other law relating to the creation, priority, perfection or enforcement of pledges or liens or otherwise. Neither the resolution nor any other instrument by which a pledge is created must be filed or recorded except in the records of the authority.
History:
[67-8717, added 2001, ch. 130, sec. 1, p. 458.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8718 - CREDIT ENHANCEMENT OR LIQUIDITY.

67-8718. CREDIT ENHANCEMENT OR LIQUIDITY. (1) The authority may enter into agreements to obtain, from a department or agency of the United States or from a nongovernmental financial institution or other entity, insurance, guaranty or other credit enhancement or liquidity for the payment of interest or principal on, or payment of the purchase price on tender of:
(a) Bonds issued by the authority;
(b) Municipal bonds purchased or held by the authority; and
(c) Other municipal bonds as the authority determines to be appropriate.
(2) Agreements as provided in subsection (1) of this section may contain such payment, interest rate, security, default, remedies or other terms and conditions as the authority may determine to be necessary or appropriate.
History:
[67-8718, added 2001, ch. 130, sec. 1, p. 458.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8719 - SURETY FOR DEPOSITS BY BANK.

67-8719. SURETY FOR DEPOSITS BY BANK. All banks, trust companies, savings banks, investment companies and other persons carrying on a banking business are authorized to give to the authority a good and sufficient undertaking with such sureties as are approved by the bank, to the effect that the bank or banking institution shall faithfully keep and pay over to the order of, or upon the warrant of, the authority or its authorized agent all those funds deposited with it by the bank and agreed interest under, or by reason of, this chapter at such times or upon such demands as may be agreed with the bank or in lieu of these sureties, deposit with the authority or its authorized agent or a trustee or for the holders of bonds, as collateral, those securities as the authority may approve. The deposits of the authority may be evidenced by an agreement in the form, and upon the terms and conditions, that may be agreed upon by the authority and the depository bank or banking institution.
History:
[67-8719, added 2001, ch. 130, sec. 1, p. 459.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8720 - EXPENSES OF ADMINISTRATION.

67-8720. EXPENSES OF ADMINISTRATION. All expenses incurred in carrying out this chapter are payable either from revenues or funds appropriated under this chapter or from moneys appropriated to the state treasurer from the general fund for operating expenditures. Nothing in this chapter authorizes the authority to incur an indebtedness or a liability on behalf of or payable by the state.
History:
[67-8720, added 2001, ch. 130, sec. 1, p. 459; am. 2007, ch. 55, sec. 1, p. 138.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8721 - SWAPS.

67-8721. SWAPS. In connection with, or incidental to, the issuance or carrying of bonds, but only for the purpose of reducing the amount or duration of payment, interest rate, spread or similar risk, or to result in a lower cost of borrowing, and not for purposes of investment or speculation, the authority may enter into contracts which the authority determines to be necessary or appropriate to hedge such risk or to place the obligation of the bonds, in whole or in part, on the interest rate, cash flow, or other basis desired by the authority, including without limitation, contracts commonly known as interest rate swap agreements, interest rate caps or floors, forward payment conversion agreements, futures or hedge contracts.
History:
[67-8721, added 2001, ch. 130, sec. 1, p. 459.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8722 - MUNICIPAL BONDS.

67-8722. MUNICIPAL BONDS. Any municipality which receives sales tax funds from the state may, in addition to any other powers it may have and without regard to the restrictions or requirements that might otherwise apply under the laws of the state but subject to the requirements of section 3, article VIII, of the constitution of the state of Idaho and any other limitations imposed upon municipalities by the constitution of the state of Idaho:
(1) Issue municipal bonds for sale to the authority, with such interest rate, maturity, redemption, security, remedies and other terms as the municipality may agree with the authority;
(2) Levy and collect property taxes, fees, rates, charges and other assessments to pay or secure the municipal bonds issued by the municipality for the sale to the authority;
(3) Pledge or assign to the authority or its designee property taxes, fees, rates, charges and other assessments, and rights to enforce the collection and application thereof, to pay or secure the municipal bonds issued by the municipality for sale to the authority; and
(4) Take any other actions and enter into such other contracts and agreements including, without limitation, leases on installment sale agreements for credit enhancement or liquidity, with such terms as it may determine with the authority to be necessary or appropriate to accomplish the purposes of the authority under this chapter.
History:
[67-8722, added 2001, ch. 130, sec. 1, p. 459.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8723 - COMPLETE AUTHORITY.

67-8723. COMPLETE AUTHORITY. This chapter provides a complete, additional and alternative method for accomplishing the acts authorized by this chapter, whether by the authority or by municipalities, and the issuance of bonds and municipal bonds, the purchase of municipal bonds, the entering into of any indenture, trust agreement, credit enhancement or liquidity agreement, investment agreement, swap or other agreement entered into or the taking of any other action in connection with the issuance of bonds or municipal bonds need not comply with the requirements of any other law except as specifically set forth in this chapter.
History:
[67-8723, added 2001, ch. 130, sec. 1, p. 460.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8724 - RIGHTS NOT TO BE IMPAIRED BY STATE.

67-8724. RIGHTS NOT TO BE IMPAIRED BY STATE. The state does hereby pledge to and agree with the holders of any 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 holders thereof or in any way impair the security, rights or remedies of such holders until the bonds, with interest thereon, are fully paid and discharged. The authority is authorized to include this pledge and agreement in any indenture, trust agreement or other agreement with the holders of such bonds.
History:
[67-8724, added 2001, ch. 130, sec. 1, p. 460.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8726 - COOPERATION BY GOVERNMENT AGENCIES.

67-8726. COOPERATION BY GOVERNMENT AGENCIES. (1) All officers, departments, boards, agencies, divisions and commissions of the state shall render to the authority services that are within the area of their respective governmental functions and that may be requested by the authority, and shall comply promptly with any reasonable request by the authority to conduct a study or review regarding:
(a) The desirability, need, expense or financial feasibility of a public project, purpose or improvement; or
(b) The financial or fiscal responsibility or ability of a municipality making application to the authority for the purchase by the authority of municipal bonds to be issued by that municipality.
(2) The cost and expense of a service requested by the authority, at the request of the officer, department, board, agency, division or commission rendering the service, shall be paid by the authority.
History:
[67-8726, added 2001, ch. 130, sec. 1, p. 462.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 87 - IDAHO BOND BANK AUTHORITY › Section 67-8729 - IDAHO BOND BANK ADMINISTRATIVE FUND.

67-8729. IDAHO BOND BANK ADMINISTRATIVE FUND. (1) There is hereby created in the state treasury the "Idaho Bond Bank Administrative Fund" to which shall be credited:
(a) Fees collected from municipalities or other potential sellers of municipal bonds in connection with application for and receipt of financing under this chapter, and interest and other charges on or in connection with municipal bonds purchased as it may deem necessary or appropriate to cover all costs and expenses of the authority and its operations;
(b) Fees and charges collected to cover costs associated with the powers and duties of the authority as required in section 67-8705, Idaho Code;
(c) Interest earned on the investment of idle moneys in the fund, which shall be paid to the fund; and
(d) All other moneys as may be provided by law.
(2) Moneys in the fund shall be continuously appropriated to the authority, and any moneys remaining in the fund at the end of each fiscal year shall not be appropriated to any other fund.
(3) Moneys in the fund shall only be used to effect the purposes of chapter 87, title 67, Idaho Code, pursuant to the provisions as prescribed therein; provided however, the authority may approve reimbursement of the state treasurer’s costs associated with the implementation, administration and oversight of the Idaho bond bank authority.
History:
[67-8729, added 2007, ch. 342, sec. 1, p. 1013; am. 2016, ch. 160, sec. 1, p. 443.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 88 - IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR › Section 67-8801 - IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR ESTABLISHED.

67-8801. IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR ESTABLISHED. There is hereby established a decoration of the Idaho law enforcement, firefighting and EMS medal of honor, referred to in this chapter as the "Idaho medal of honor," with accompanying ribbons and appurtenances for award by the governor in the name of the state to any law enforcement officer, firefighter or EMS provider who has been killed or seriously injured in the performance of duty, or who has been distinguished by exceptionally meritorious conduct, upon nomination of the Idaho law enforcement, firefighting and EMS medal of honor commission.
History:
[67-8801, added 2004, ch. 367, sec. 1, p. 1089; am. 2005, ch. 163, sec. 2, p. 498; am. 2020, ch. 152, sec. 1, p. 454.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 88 - IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR › Section 67-8802 - IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR COMMISSION CREATED — MEMBERSHIP — ESTABLISHMENT OF QUALIFICATIONS FOR AWARD.

67-8802. IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR COMMISSION CREATED — MEMBERSHIP — ESTABLISHMENT OF QUALIFICATIONS FOR AWARD. (1) There is hereby created in the office of the governor the Idaho law enforcement, firefighting and EMS medal of honor commission, hereafter referred to as the commission, which shall nominate candidates for the award of the Idaho medal of honor. The commission shall consist of one (1) representative from each of the following: the office of the governor, the office of the attorney general, the Idaho prosecuting attorneys association, the Idaho chiefs of police association, the Idaho fire chiefs association, the Idaho sheriffs’ association, the Idaho peace officers association, the Idaho department of health and welfare bureau of emergency medical services, the peace officers standards and training council, and the professional firefighters of Idaho. Members of the commission shall be appointed by the governor and shall each serve for a term of four (4) years. Members of the commission shall hold office until the latter of expiration of the term to which the member was appointed or his successor has been duly appointed and qualified.
(2) The attorney general or his designee shall serve as chair of the commission and shall designate a secretary for the commission.
(3) The commission shall meet annually, or at the call of the chair, to consider candidates for nomination. Commission meetings may be conducted via teleconference.
(4) The commission may adopt such rules as it deems necessary to carry out the purposes of this chapter.
History:
[67-8802, added 2004, ch. 367, sec. 1, p. 1089; am. 2005, ch. 163, sec. 3, p. 498; am. 2020, ch. 152, sec. 2, p. 454.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 88 - IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR › Section 67-8803 - WHEN AND BY WHOM AWARDED.

67-8803. WHEN AND BY WHOM AWARDED. The Idaho medal of honor shall be awarded by the governor in a ceremony during the time that the legislature is in session or at such other time as the commission may decide. The governor may delegate the awarding of the medal to the lieutenant governor, the attorney general, or another member of the commission.
History:
[67-8803, added 2004, ch. 367, sec. 1, p. 1090; am. 2005, ch. 163, sec. 4, p. 499; am. 2012, ch. 213, sec. 1, p. 580; am. 2020, ch. 152, sec. 3, p. 455.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 88 - IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR › Section 67-8804 - POSTHUMOUS AWARD.

67-8804. POSTHUMOUS AWARD. The Idaho medal of honor may be awarded posthumously by presentation to a representative of the deceased as may be deemed appropriate by the governor or the designees specified in section 67-8803, Idaho Code.
History:
[67-8804, added 2004, ch. 367, sec. 1, p. 1090; am. 2005, ch. 163, sec. 5, p. 499; am. 2020, ch. 152, sec. 4, p. 455.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 88 - IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR › Section 67-8805 - DESIGN AND COST.

67-8805. DESIGN AND COST. The decoration of the Idaho medal of honor shall be cast in bronze or other metal. The design of the medal shall incorporate the great seal of the state of Idaho with other insignia as deemed appropriate by the commission. The reverse of the decoration shall be inscribed with the words: "For honorable and meritorious conduct." The cost of the medal shall be paid by the agency whose officer, firefighter or EMS provider receives the medal. The family of a recipient may request a second medal and may receive such medal upon payment to the commission of the cost of the medal.
History:
[67-8805, added 2004, ch. 367, sec. 1, p. 1090; am. 2005, ch. 163, sec. 6, p. 499; am. 2020, ch. 152, sec. 5, p. 455.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 88 - IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR › Section 67-8806 - DEFINITIONS.

67-8806. DEFINITIONS. As used in this chapter:
(1) "EMS" means emergency medical services.
(2) "Emergency medical services provider" or "EMS provider" means an emergency medical technician, advanced emergency medical technician, or paramedic licensed by the department of health and welfare pursuant to sections 56-1011 through 56-1018B, Idaho Code, and an ambulance-based clinician as defined in the rules governing emergency medical services as adopted by the department of health and welfare.
(3) "Exceptional meritorious conduct" means an act of bravery and self-sacrifice, at the risk of serious injury or loss of one’s own life, which is so conspicuous as to clearly distinguish the individual above his comrades.
(4) "Firefighter" means a volunteer member or paid employee whose primary duty is preventing, extinguishing, or investigating fires and who prevents, extinguishes, or investigates fires as part of a fire district, fire department, or agency that is a part of or administered by the state or any political subdivision thereof.
(5) "Law enforcement officer" means a volunteer member or a paid employee of a police or law enforcement agency that is a part of or administered by the state, a federally recognized Indian tribe, or any political subdivision of the state whose primary duties are the prevention and detection of crime and the enforcement of the laws of this state or any of its political subdivisions.
(6) "Serious injury" means any injury that causes great bodily harm and a probability of death, any injury that causes significant permanent disfigurement, or any injury that causes a significant permanent loss or impairment of the function of any body part or organ.
History:
[67-8806, added 2005, ch. 163, sec. 7, p. 499; am. 2020, ch. 152, sec. 6, p. 455.]