reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 88 - IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR › Section 67-8807 - NOMINATIONS.

67-8807. NOMINATIONS. (1) All nominations shall be:
(a) In writing;
(b) Submitted on the form provided by the commission; and
(c) Postmarked and mailed, or hand-delivered, to the commission chairman at the address appearing on the nomination form on or before the date set forth on the form.
(2) All documentation, photographs, testimonials, affidavits, or other supplemental or additional information pertaining to the nomination must accompany the completed form.
(3) Nomination forms must be endorsed by the chief law enforcement officer of the department of the nominee, the fire chief, or the head of the nominee’s EMS agency, as applicable.
History:
[67-8807, added 2020, ch. 152, sec. 7, p. 456.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 88 - IDAHO LAW ENFORCEMENT, FIREFIGHTING AND EMS MEDAL OF HONOR › Section 67-8808 - QUALIFICATIONS.

67-8808. QUALIFICATIONS. All nominees shall:
(1) Be, or at the time of the incident must have been, a law enforcement officer, firefighter, or EMS provider performing or fulfilling responsibilities in an official capacity as a law enforcement officer, firefighter, or EMS provider; and
(2) Have performed with exceptional meritorious conduct, including conduct that resulted in death or serious injury.
History:
[67-8808, added 2020, ch. 152, sec. 8, p. 456.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8901 - SHORT TITLE.

67-8901. SHORT TITLE. This act may be referred to and cited as the "Idaho Energy Resources Authority Act."
History:
[67-8901, added 2005, ch. 53, sec. 1, p. 192.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8904 - CREATION OF IDAHO ENERGY RESOURCES AUTHORITY.

67-8904. CREATION OF IDAHO ENERGY RESOURCES AUTHORITY. There is hereby created and established an independent public body politic and corporate to be known as the "Idaho Energy Resources Authority." The authority is a public instrumentality of the state and its exercise of the powers conferred by this chapter is and shall be deemed to be the performance of essential public functions and purposes.
History:
[67-8904, added 2005, ch. 53, sec. 1, p. 194.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8905 - DIRECTORS — TERMS OF OFFICE — APPOINTMENT — FILLING VACANCIES AND REMOVAL.

67-8905. DIRECTORS — TERMS OF OFFICE — APPOINTMENT — FILLING VACANCIES AND REMOVAL. (1) The powers of the authority shall be vested in a board of seven (7) directors to be appointed by the governor and confirmed by the senate.
(2) In making appointments, the governor shall endeavor to appoint individuals with direct professional experience and demonstrated knowledge in the electric utility industry. In addition to representatives of investor-owned, electric cooperative or municipal utilities, the governor may also appoint individuals with expertise in fields related to the functions of the authority such as engineering, banking, finance, economics and law.
(3) The directors shall serve five (5) year terms. Each director shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Each director shall be eligible for reappointment but no director may serve more than two (2) consecutive terms.
(4) The governor shall fill any vacancy for the remainder of any unexpired term.
(5) Any director may be removed by the governor for malfeasance or willful neglect of duty or other cause.
History:
[67-8905, added 2005, ch. 53, sec. 1, p. 194; am. 2023, ch. 24, sec. 3, p. 136.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8906 - QUORUM — MODE OF ACTION — COMPENSATION.

67-8906. QUORUM — MODE OF ACTION — COMPENSATION. (1) Four (4) directors of the authority shall constitute a quorum for the purpose of conducting business and exercising its powers.
(2) Action may be taken by the authority upon the affirmative vote of at least four (4) directors. No vacancy on the board shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
(3) Notice of meetings shall be given as provided in chapter 2, title 74, Idaho Code, and the bylaws of the authority.
(4) The board may hold any of its meetings by telephone, teleconference or other electronic means, as and to the extent provided in its bylaws.
(5) The board shall act by resolution or order which shall be recorded in its official minutes but need not be published or posted.
(6) Directors shall be compensated for services as provided by section 59-509(o), Idaho Code.
History:
[67-8906, added 2005, ch. 53, sec. 1, p. 194; am. 2015, ch. 141, sec. 189, p. 528.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8909 - DEVELOPMENT, ACQUISITION AND CONSTRUCTION OF FACILITIES.

67-8909. DEVELOPMENT, ACQUISITION AND CONSTRUCTION OF FACILITIES. (1) The authority will endeavor to achieve efficiencies and economies of scale by pursuing the development of facilities with multiple participating utilities on a joint and cooperative basis and shall, to the fullest extent practicable, offer all potential participating utilities the opportunity to participate in the development of a facility and the electricity, service or product to be provided by the facility.
(2) The authority shall not commence the development or financing for any facility until it shall have entered into contractual arrangements with one (1) or more participating utilities that contain provisions acceptable to both the authority and the participating utility or utilities and which are determined by the authority to provide adequate assurance that all capital, operating and related costs of the facility will be paid by or provided for by one (1) or more participating utilities.
(3) The authority may acquire, construct and own any facility undertaken by it, may cause such facility to be acquired and constructed on its behalf by one (1) or more participating utilities as its agent, may enter into joint ownership arrangements with respect to any facility, and may enter into contractual arrangements with third parties for the acquisition and construction of a facility.
(4) Upon the payment in full of all bonds issued by the authority to finance or refinance the cost of a facility and upon the discharge of all other obligations of the authority with respect to a facility, the authority will convey title to the facility to the participating utility or utilities with respect to such facility, unless a participating utility requests in writing to the authority that it continue to retain title of the facility on behalf of the participating utility. Any such conveyance shall be in proportion to the funds provided or paid by the participating utility in respect of the debt service and operating costs of the facility. The authority may, in its agreements with a participating utility, pledge and assign its interest in a facility to secure its obligation to convey title to the facility as provided in this section. Any such pledge shall be made in the same manner and with the same effect as provided in section 67-8915, Idaho Code, and shall be subordinate only to any pledge or assignment to secure the payment of the bonds issued by the authority to finance the development, acquisition or construction of the facility.
History:
[67-8909, added 2005, ch. 53, sec. 1, p. 198; am. 2015, ch. 59, sec. 2, p. 162.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8910 - MANAGEMENT AND OPERATION OF FACILITIES.

67-8910. MANAGEMENT AND OPERATION OF FACILITIES. The authority shall cause any facilities undertaken by it to be managed and operated on its behalf by one (1) or more qualified participating utilities, or if no participating utility is qualified, willing or able to manage and operate such facility, by the authority or by an agent so designated by the authority capable and skilled in the management and operation of such a facility. The authority shall enter into joint operating arrangements with participating utilities, designated agents of the authority or others and may enter into any and all contractual arrangements determined by the authority to promote the effective and efficient management and operation of its facilities. The authority shall not commence the management or operation for any facility until it shall have entered into contractual arrangements with one (1) or more participating utilities that contain provisions acceptable to both the authority and the participating utility or utilities and which are determined by the authority to provide adequate assurance that all management, operating, maintenance and related costs of the facility will be paid by or provided for by one (1) or more participating utilities.
History:
[67-8910, added 2005, ch. 53, sec. 1, p. 199; am. 2007, ch. 107, sec. 2, p. 312.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8912 - COST RECOVERY AND RATE STABILIZATION CHARGES OF PARTICIPATING UTILITIES.

67-8912. COST RECOVERY AND RATE STABILIZATION CHARGES OF PARTICIPATING UTILITIES. (1) A participating utility contracting with the authority for the electricity, service or product provided by a facility may establish one (1) or more rate stabilization charges, cost recovery charges or power cost adjustment charges as it deems necessary to provide for the payment of all amounts owed by the participating utility to the authority with respect to the facility and otherwise enable the participating utility to stabilize its rates, to protect its consumers from volatile market prices and to insure against market and other risks. Such rate stabilization charges, cost recovery charges or power cost adjustment charges may be established by the participating utility as a separate component of its existing rates and charges or as a new charge.
(2) A participating utility that is subject to rate regulation by the commission shall submit each of its proposed rate stabilization charges, cost recovery charges or power cost adjustment charges to the commission for approval.
(3) Each other participating utility that serves electric consumers in the state but which is not subject to rate regulation by the commission, may establish a rate stabilization charge, cost recovery charge or power cost adjustment charge only after it has provided adequate notice of and a public meeting or hearing on such charge to the members or consumers served by it. A notice shall be deemed to be adequate if:
(a) It is given at least fifteen (15) days prior to the public meeting or hearing in the manner usually employed by the participating utility to give notice of its hearings or meetings, by mail, publication or otherwise; and
(b) It provides a brief description of the proposed rate stabilization, cost recovery or power cost adjustment charges and a summary of the purposes for which it is being established.
After the meeting or hearing has been held, the participating utility may proceed to establish and fix the rate stabilization, cost recovery or power cost adjustment charge.
(4) Each participating utility may agree in its contractual arrangements with the authority as to the use and disposition of all or any part of the revenues from any rate stabilization, cost recovery or power cost adjustment charges established by the participating utility. Each participating utility may pledge, and may create and grant a security interest in, all or a portion of such revenues to secure its payment obligations to the authority in respect of any facility. Any such agreement or pledge by a participating utility that is a municipal corporation of the state shall not be deemed to create an indebtedness or liability of such municipal corporation or a loan or donation of its credit within the meaning of any constitutional or statutory provision.
History:
[67-8912, added 2005, ch. 53, sec. 1, p. 200.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8913 - COOPERATION WITH OTHER AGENCIES AND SUBDIVISIONS.

67-8913. COOPERATION WITH OTHER AGENCIES AND SUBDIVISIONS. The authority may enter into agreements with any other state body or agency, any other political subdivision of the state and any other public agency, as defined in section 67-2327, Idaho Code, for the joint exercise of powers and the authority and all other public agencies may join or cooperate with each other, either jointly or otherwise, in the exercise of any of their powers for the purpose of planning, undertaking, owning, constructing, or contracting with respect to, a facility.
History:
[67-8913, added 2005, ch. 53, sec. 1, p. 201.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8914 - EXEMPTION FROM INCOME TAXATION.

67-8914. EXEMPTION FROM INCOME TAXATION. All bonds issued by the authority and the interest thereon and all revenues, fees, charges, gifts, grants, receipts and other moneys of the authority pledged to the payment of its bonds shall at all times be free from the taxes imposed under the Idaho income tax act.
History:
[67-8914, added 2005, ch. 53, sec. 1, p. 201.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8916 - REFUNDING BONDS.

67-8916. REFUNDING BONDS. (1) The authority may provide for the issuance of refunding bonds for the purpose of refunding any bonds then outstanding which have been issued under the provisions of this chapter, including the payment of any redemption premium thereon, any interest accrued or to accrue to the date of redemption of such bonds and for any additional corporate purpose of the authority. The issuance of such bonds, the maturities, and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the authority in respect of the same shall be governed by the provisions of this chapter which relate to the issuance of bonds, insofar as such provisions may be appropriate therefor.
(2) Refunding bonds may be sold or exchanged for outstanding bonds issued under this chapter and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption or payment of such outstanding bonds. Pending the application of the proceeds of any such refunding bonds, with any other available funds, to the payment of the principal, accrued interest, and any redemption premium on the bonds being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding bonds or in the trust agreement securing the same, to the payment of any interest on such refunding bonds and any expenses in connection with such refunding, such proceeds may be invested in such obligations as may be permitted for the defeasance of the outstanding bonds in the resolution or indenture under which they were issued.
History:
[67-8916, added 2005, ch. 53, sec. 1, p. 203.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8917 - PAYMENT OF BONDS — NONLIABILITY OF STATE.

67-8917. PAYMENT OF BONDS — NONLIABILITY OF STATE. (1) Bonds issued by the authority shall not constitute or become an indebtedness, or a debt or liability of the state or any agency or subdivision of the state and neither the state nor any of its agencies or subdivisions shall be liable on such bonds nor shall the bonds constitute the giving, pledging or loaning of the faith and credit of the state or any agency or subdivision of the state, but shall be payable solely from the funds provided for their payment. The issuance of bonds under the provisions of this chapter shall not, directly, indirectly or contingently, obligate the state or any agency or subdivision of the state to levy or collect any form of taxes or assessments for their payment or to create any indebtedness payable out of taxes or assessments. Nothing in this chapter shall be construed to authorize the authority to create a debt of the state within the meaning of the constitution or statutes of the state of Idaho or authorize the authority to levy or collect taxes or assessments and all bonds issued by the authority pursuant to the provisions of this chapter are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security therefor and are not a debt or liability of the state of Idaho.
(2) The state shall not in any event be liable for the payment of the principal of or interest on any bonds of the authority or for the performance of any pledge, mortgage, obligation or agreement of any kind whatsoever which may be undertaken by the authority. No breach of any such pledge, mortgage, obligation or agreement shall impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing power.
(3) All expenses incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the authority of this chapter and no liability or obligation shall be incurred by the authority beyond the extent to which moneys shall have been provided under this chapter.
History:
[67-8917, added 2005, ch. 53, sec. 1, p. 204.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8918 - STATE’S PLEDGE.

67-8918. STATE’S PLEDGE. (1) The state pledges to and agrees with the holders of any bonds issued under this chapter, and with those parties who may enter into contracts with the authority pursuant to the provisions of this chapter, that the state will not limit, alter, restrict or impair the rights hereby vested in the authority to acquire, construct, reconstruct, maintain and operate any facility as defined in this chapter or to establish, revise, charge and collect rates, rents, fees and other charges as may be convenient or necessary to produce sufficient revenues to meet the expenses of maintenance and operation thereof and to fulfill the terms of any agreements made with the holders of bonds authorized and issued under this chapter, and with the parties who may enter into contracts with the authority pursuant to this chapter, or in any way impair the rights or remedies of the holders of such bonds or of such parties until the bonds, together with the interest thereon, are fully paid and discharged and such contracts are fully performed on the part of the authority.
(2) Nothing in this chapter precludes such limitation or alteration if and when adequate provision is made by law for the protection of the holders of such bonds or those entering into such contracts with the authority.
(3) The authority is authorized to include this pledge and undertaking for the state in such bonds and in such contracts.
History:
[67-8918, added 2005, ch. 53, sec. 1, p. 204.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8919 - FEES.

67-8919. FEES. All expenses of the authority incurred in carrying out the provisions of this chapter shall be payable solely from funds provided under the authority of this chapter by participating utilities to the authority in the form of application fees, annual service, loan or administrative fees and other negotiated fees as between the authority and the participating utilities and no liability shall be incurred by the authority beyond the extent to which moneys shall have been provided under this chapter, except that for the purposes of meeting the necessary expenses of initial organization and operation until such date as the authority derives moneys from funds provided hereunder, the authority shall be empowered to borrow moneys as may be required for such necessary expenses of organization and operation. Such borrowed moneys shall be repaid within a reasonable time after the authority receives funds provided for under this chapter.
History:
[67-8919, added 2005, ch. 53, sec. 1, p. 205.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8920 - EXEMPTION OF REAL PROPERTY OF AUTHORITY FROM LEVY AND SALE BY EXECUTION.

67-8920. EXEMPTION OF REAL PROPERTY OF AUTHORITY FROM LEVY AND SALE BY EXECUTION. All real property of the authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against the authority be a charge or lien upon its real property; provided however, that the provisions of this section shall not apply to or limit the right of bondholders to foreclose or otherwise enforce any mortgage or other security of the authority or the right of obligees and bondholders to pursue any remedies for the enforcement of any pledge or lien given by the authority on its rents, fees or revenues or the right of obligees or bondholders to pursue any remedies conferred upon the same pursuant to this chapter.
History:
[67-8920, added 2005, ch. 53, sec. 1, p. 205.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8921 - ANNUAL REPORT.

67-8921. ANNUAL REPORT. The authority shall submit to the governor and to the legislature within ninety (90) days after the end of its fiscal year a complete and detailed report setting forth:
(1) Its operations and accomplishments;
(2) An accounting of its receipts and expenditures during such fiscal year in accordance with the categories or classifications established by the authority for its operating and capital outlay purposes;
(3) Its assets and liabilities at the end of its fiscal year, including the status of reserve, special or other funds;
(4) A schedule of its bonds outstanding at the end of its fiscal year, together with a statement of the amounts redeemed and incurred during such fiscal year; and
(5) Any new or additional facility management and operation activities.
History:
[67-8921, added 2005, ch. 53, sec. 1, p. 205; am. 2007, ch. 107, sec. 3, p. 312.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8922 - AUTHORITY OBLIGATIONS ARE LEGAL INVESTMENTS.

67-8922. AUTHORITY OBLIGATIONS ARE LEGAL INVESTMENTS. (1) The bonds of the authority shall be legal investments in which all public officers and public bodies of this state, its political subdivisions, all municipalities and municipal subdivisions, all insurance companies and associations and other persons carrying on an insurance business, all banks, bankers, banking associations, trust companies, savings banks and savings associations, including savings and loan associations, building and loan associations, investment companies and other persons carrying on a banking business, all administrators, guardians, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or in other obligations of the state, may properly and legally invest funds, including capital, in their control or belonging to them. The bonds are also hereby made securities which may properly and legally be deposited with and received by all public officers and bodies of the state or any agency or political subdivisions of the state and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.
(2) In addition to the investments permitted under chapter 12, title 67, Idaho Code, and notwithstanding any limitations on investments contained in that chapter, the state treasurer is authorized and empowered to invest state funds or any other funds in his hands in fixed or variable rate bonds of the authority and to enter into agreements with the authority in connection with any such investment, so long as the term of the investment does not exceed thirty (30) years and the quality of the underlying credit, or the underlying credit as enhanced, is not less than investment grade.
History:
[67-8922, added 2005, ch. 53, sec. 1, p. 206; am. 2007, ch. 107, sec. 4, p. 312.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8923 - CHAPTER NOT A LIMITATION OF POWERS.

67-8923. CHAPTER NOT A LIMITATION OF POWERS. Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers which the authority might otherwise have under any laws of this state, and this chapter is cumulative to any such powers. This chapter does and shall be construed to provide a complete additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws. This chapter is intended to provide full and exclusive authority for the issuance of bonds and the authority shall not be subject to any other state law applicable to the issuance of bonds, notes and other obligations by the state or its agencies or instrumentalities. Contracts for the construction and acquisition of any facilities undertaken pursuant to this chapter need not comply with the provisions of any other state law applicable to contracts for the construction and acquisition of state owned property. No proceedings, notice or approval shall be required for the issuance of any bonds by the authority or any instrument as security therefor, except as is provided in this chapter.
History:
[67-8923, added 2005, ch. 53, sec. 1, p. 206.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8924 - CONSTITUTIONALITY.

67-8924. CONSTITUTIONALITY. (1) Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent, that if any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provisions to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
(2) If any section, subdivision, paragraph, sentence, clause or provision of this chapter shall be unconstitutional or ineffective, in whole or in part, to the extent that it is not unconstitutional or ineffective it shall be valid and effective and no other section, subdivision, paragraph, sentence, clause or provision shall on account thereof be deemed invalid or ineffective.
History:
[67-8924, added 2005, ch. 53, sec. 1, p. 206.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 89 - IDAHO ENERGY RESOURCES AUTHORITY ACT › Section 67-8925 - CLEAN ENERGY GENERATION PROJECTS.

67-8925. CLEAN ENERGY GENERATION PROJECTS. The authority may undertake any clean energy generation project for the benefit of one (1) or more independent power producers and may issue its bonds to finance the cost thereof, all to the same extent and subject to the same provisions applicable to the undertaking and financing of other facilities for the benefit of one (1) or more participating utilities. In furtherance of the foregoing, an independent power producer shall be deemed to be a participating utility with respect to a clean energy generation project for purposes of sections 67-8909, 67-8910 and 67-8911, Idaho Code.
History:
[67-8925, added 2005, ch. 311, sec. 4, p. 969; am. 2023, ch. 24, sec. 5, p. 139.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 90 - IDAHO RURAL DEVELOPMENT PARTNERSHIP ACT › Section 67-9001 - SHORT TITLE.

67-9001. SHORT TITLE. This act may be referred to and cited as the "Idaho Rural Development Partnership Act."
History:
[67-9001, added 2007, ch. 238, sec. 1, p. 703.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 90 - IDAHO RURAL DEVELOPMENT PARTNERSHIP ACT › Section 67-9002 - LEGISLATIVE FINDINGS.

67-9002. LEGISLATIVE FINDINGS. The legislature finds that:
(1) Rural development has been given a high priority as a means of achieving a sound and mutually beneficial balance between the economies, culture, infrastructure and community vitality of rural and urban areas of Idaho.
(2) (a) During the last half century, the legislature has enacted many laws and established many programs to provide resources to rural communities;
(b) Efforts have been made, and continue to be needed, to coordinate rural development programs; and
(c) During the last decade, the national rural development partnership and its principal components, the national rural development council and state rural development councils, have successfully provided opportunities for collaboration and coordination among federal agencies and between federal agencies and states, nonprofit organizations, the private sector, tribal governments, and other entities committed to rural advancement.
(3) State rural development councils were established in 1990 by Presidential executive order as vehicles to help coordinate rural programs.
(4) The congress of the United States authorized and codified a national system of rural development coordination and cooperation with enactment of the "national rural development partnership act" (7 U.S.C. 2008m).
(5) The national rural development partnership has been recognized as a model of new governance and as an example of the effectiveness of collaboration between the federal, state, local, tribal, private, and nonprofit sectors in addressing the needs of the rural communities.
(6) Partnerships between governmental and nongovernmental entities can extend scarce funding through collaboration and cooperation.
(7) The continued success and efficacy of the Idaho rural development partnership could be enhanced through specific legislative authorization removing any statutory barriers that could detract from the benefits potentially achieved through the partnership’s unique structure.
History:
[67-9002, added 2007, ch. 238, sec. 1, p. 703.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 90 - IDAHO RURAL DEVELOPMENT PARTNERSHIP ACT › Section 67-9003 - DEFINITIONS.

67-9003. DEFINITIONS. As used in this chapter:
(1) "Agency with rural responsibilities" means any public entity of the state of Idaho that:
(a) Implements a provision of law targeted at rural areas; or
(b) Administers a program that has a significant impact on rural areas.
(2) "Community" means a group of people linked by common policy, common social interests and interaction with one another.
(3) "National rural development partnership" means the organization created by the national rural development partnership act (7 U.S.C. 2008m).
(4) "Partnership" means the Idaho rural development partnership established by section 67-9004, Idaho Code.
(5) "Rural area" means:
(a) All the territory of the state of Idaho that is not within the boundary of any standard metropolitan statistical area as defined by the United States office of management and budget;
(b) All territory within any standard metropolitan statistical area described in paragraph (a) of this subsection within a census tract having a population density of less than twenty (20) persons per square mile, as determined according to the most recent census of the United States as of any date; and
(c) Such areas as the partnership may identify as rural.
History:
[67-9003, added 2007, ch. 238, sec. 1, p. 704; am. 2016, ch. 90, sec. 1, p. 278.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 90 - IDAHO RURAL DEVELOPMENT PARTNERSHIP ACT › Section 67-9004 - IDAHO RURAL DEVELOPMENT PARTNERSHIP CREATED

67-9004. IDAHO RURAL DEVELOPMENT PARTNERSHIP CREATED . There is hereby created an independent public body corporate and politic to be known as the "Idaho rural development partnership," which shall be a public instrumentality of the state and its exercise of the powers conferred by this chapter is and shall be deemed to be the performance of essential public functions and purposes. The Idaho rural development partnership shall be exempt from taxation, and shall be an entity of the state of Idaho as provided in the tort claims act, chapter 9, title 6, Idaho Code, and shall be entitled to all the protection as provided in the tort claims act, chapter 9, title 6, Idaho Code.
History:
[67-9004, added 2007, ch. 238, sec. 1, p. 704.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 90 - IDAHO RURAL DEVELOPMENT PARTNERSHIP ACT › Section 67-9005 - RESPONSIBILITIES.

67-9005. RESPONSIBILITIES. The partnership’s responsibilities shall be to:
(1) Assess community and economic conditions of rural Idaho;
(2) Advise the governor and the legislature on public policy and strategies to identify the community and economic development opportunities in rural Idaho;
(3) Act as a clearinghouse of information and as a referral center on rural programs and policies;
(4) Conduct outreach to rural communities and facilitate communication between rural residents and public and private organizations that provide services to rural communities;
(5) Identify organizations, authorities and resources to address various aspects of rural development;
(6) Serve as a nonpartisan forum for identifying and understanding rural issues from all perspectives;
(7) Improve intergovernmental coordination, private and public cooperation, and to seek out opportunities for new partnerships to achieve rural development goals within existing governmental and community structures;
(8) Foster coordinated approaches to rural development that support local initiatives, with an imperative not to usurp the individual missions of any member organizations or duplicate effort;
(9) Seek solutions to unnecessary impediments to rural development within Idaho;
(10) Work cooperatively and seek solutions to impediments with the national rural development partnership and other state rural development councils; and
(11) Submit an annual report to the governor outlining the work and accomplishments of the partnership.
History:
[67-9005, added 2007, ch. 238, sec. 1, p. 704; am. 2016, ch. 90, sec. 2, p. 279.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 90 - IDAHO RURAL DEVELOPMENT PARTNERSHIP ACT › Section 67-9007 - COCHAIRS.

67-9007. COCHAIRS. (1) The board of directors of the partnership shall have two (2) cochairs, one (1) elected by the partnership’s board of directors from among the board’s membership, and the other appointed by the governor. The cochair elected by the board of directors shall serve a two (2) year term, and may be reelected until a total of four (4) consecutive years have been served, following which that individual will be disqualified for election to the position of cochair until at least one (1) term of office has intervened.
(2) The duties of the cochairs shall be to:
(a) Set operating policies; and
(b) Manage the partnership budget and staff, including the hiring of an executive director, subject to approval by the board of directors.
History:
[67-9007, added 2007, ch. 238, sec. 1, p. 706; am. 2016, ch. 90, sec. 4, p. 280.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 90 - IDAHO RURAL DEVELOPMENT PARTNERSHIP ACT › Section 67-9008 - EXECUTIVE DIRECTOR.

67-9008. EXECUTIVE DIRECTOR. The executive director of the partnership shall:
(1) Manage the day-to-day operations of the partnership as directed by the board of directors and the cochairs;
(2) Be a person with the skills necessary to manage a diverse public organization effectively and with broad experience in building and sustaining networks and partnerships; and shall be hired through an open and competitive process when a vacancy occurs, after a broad, statewide advertising campaign without any preselection;
(3) Hire an assistant, and such temporary or part-time employees as may be necessary to achieve the partnership’s purposes, provided approved by the cochairs of the board of directors and the availability of funding.
History:
[67-9008, added 2007, ch. 238, sec. 1, p. 706; am. 2016, ch. 90, sec. 5, p. 280.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 90 - IDAHO RURAL DEVELOPMENT PARTNERSHIP ACT › Section 67-9009 - GENERAL MEMBERSHIP.

67-9009. GENERAL MEMBERSHIP. The general membership of the partnership shall be open to any and all individuals or organizations desiring to assist with the partnership’s purposes, including all local, tribal, state, and federal governments, as well as for-profit and not-for-profit private organizations having an interest in or some responsibility for rural development in the state of Idaho. No voting privileges on the partnership’s board of directors are granted by virtue of general membership.
History:
[67-9009, added 2007, ch. 238, sec. 1, p. 707.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 90 - IDAHO RURAL DEVELOPMENT PARTNERSHIP ACT › Section 67-9010 - PERFORMANCE EVALUATIONS OF STATE EMPLOYEES.

67-9010. PERFORMANCE EVALUATIONS OF STATE EMPLOYEES. In conducting the performance evaluation of an employee of an agency who has worked with the partnership, that agency may consider any comments submitted by the partnership in support of the employee.
History:
[67-9010, added 2007, ch. 238, sec. 1, p. 707.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 91 - IDAHO OUTDOOR SPORT SHOOTING RANGE ACT › Section 67-9101 - DEFINITIONS.

67-9101. DEFINITIONS. As used in this chapter:
(1) "Local government" means a county, city or town.
(2) "Person" means an individual, corporation, partnership, firm, association, joint venture, proprietorship, club or any other legal entity.
(3) "State outdoor sport shooting range" or "range" means an area owned by the state of Idaho or a state agency for the public use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, archery or any other similar sport shooting. "State outdoor sport shooting range" does not include:
(a) Any totally enclosed facility that is designed to offer a totally controlled shooting environment that includes impenetrable walls, floors and ceilings, adequate ventilation, lighting systems and acoustical treatment for sound attenuation; and
(b) Any law enforcement or military shooting range.
History:
[67-9101, added 2008, ch. 116, sec. 1, p. 322.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 91 - IDAHO OUTDOOR SPORT SHOOTING RANGE ACT › Section 67-9102 - STATE OUTDOOR SPORT SHOOTING RANGES — OPERATION AND USE — NOISE STANDARDS — MEASUREMENT.

67-9102. STATE OUTDOOR SPORT SHOOTING RANGES — OPERATION AND USE — NOISE STANDARDS — MEASUREMENT. (1) The state agencies responsible for managing state outdoor sport shooting ranges shall establish criteria for the operation and use for each range. The provisions of chapter 26, title 55, Idaho Code, shall not apply to state outdoor sport shooting ranges.
(2) The legislature finds that state outdoor sport shooting ranges should be subject to uniform noise standards as specified in this section.
(3) The noise emitted from a state outdoor sport shooting range shall not exceed an Leq(h) of sixty-four (64) dBA.
(4) Sound pressure measurements shall be made twenty (20) feet from the nearest existing occupied residence, school, hotel, motel, hospital or church and in a location directly between the range and the nearest existing occupied residence, school, hotel, motel, hospital or church. If there are natural or artificial obstructions that prevent an accurate noise measurement, the measurement may be taken within an additional twenty (20) feet radius from the initial measurement location. If access to such location is not available, then sound pressure measurements shall be made at the range property line in a location directly between the range and the nearest existing occupied residence, school, hotel, motel, hospital or church.
(5) Sound pressure measurements shall be made on the A-weighted fast response mode scale. Measurements shall be taken during the noisiest hour of peak use during the operation of the range. Measurements shall be taken using a type 1 sound meter meeting the requirements of ANSI S1.4-1983.
(6) For the purposes of this section:
(a) "A-weighted" means a frequency weighting network used to account for changes in sensitivity as a function of frequency;
(b) "dBA" means A-weighted decibels, taking into account human response to sound energy in different frequency bands;
(c) "Decibel" means the unit of measure for sound pressure denoting the ratio between two quantities that are proportional to power. The number of decibels is ten (10) times the base ten logarithm of this ratio; and
(d) "Leq(h)" means the equivalent energy level that is the steady state level that contains the same amount of sound energy as a time varying sound level for a sixty (60) minute time period.
History:
[67-9102, added 2008, ch. 116, sec. 1, p. 322.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 91 - IDAHO OUTDOOR SPORT SHOOTING RANGE ACT › Section 67-9103 - NUISANCE ACTION.

67-9103. NUISANCE ACTION. Notwithstanding any other provision of law to the contrary, a person may not maintain a public or private nuisance action for noise against a state outdoor sport shooting range that is in compliance with this chapter.
History:
[67-9103, added 2008, ch. 116, sec. 1, p. 323.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 91 - IDAHO OUTDOOR SPORT SHOOTING RANGE ACT › Section 67-9104 - NOISE BUFFERING OR ATTENUATION FOR NEW USE.

67-9104. NOISE BUFFERING OR ATTENUATION FOR NEW USE. Any new residential use or other new use within one (1) mile of an existing state outdoor sport shooting range shall provide for noise buffers or attenuation devices necessary to satisfy the noise standard prescribed by this chapter. New use as provided by this section shall not give rise to any right of a person to maintain a public or private nuisance action for noise against an existing state outdoor sport shooting range.
History:
[67-9104, added 2008, ch. 116, sec. 1, p. 323.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 91 - IDAHO OUTDOOR SPORT SHOOTING RANGE ACT › Section 67-9105 - PREEMPTION OF LOCAL AUTHORITY.

67-9105. PREEMPTION OF LOCAL AUTHORITY. Local governmental law is herein preempted and local governments shall not have authority to regulate the operation and use of state outdoor sport shooting ranges nor shall they have authority to establish noise standards for state outdoor sport shooting ranges.
History:
[67-9105, added 2008, ch. 116, sec. 1, p. 323.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9202 - DECLARATION OF POLICY.

67-9202. DECLARATION OF POLICY. The Idaho legislature, recognizing that an offered low price is not always indicative of the greatest value, declares it to be the policy of the state:
(1) To engage in open, competitive acquisitions of property; and
(2) To maximize the value received by the state with attendant benefits to the citizens.
History:
[67-9202, added 2016, ch. 289, sec. 4, p. 793.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9204 - DIVISION OF PURCHASING — ADMINISTRATOR.

67-9204. DIVISION OF PURCHASING — ADMINISTRATOR. (1) There is hereby created within the department of administration the division of purchasing. The director shall appoint an administrator for the division, subject to the approval of the governor.
(2) The administrator shall be exempt from the provisions of the state merit system.
(3) The administrator may employ additional personnel as may be necessary.
(4) The administrator may enter into contracts for professional services or assistance when necessary or desirable.
History:
[67-9204, added 2016, ch. 289, sec. 4, p. 794.]
2023 Idaho Code › Title 67 - STATE GOVERNMENT AND STATE AFFAIRS › Chapter 92 - STATE PROCUREMENT ACT › Section 67-9205 - POWERS AND DUTIES OF THE ADMINISTRATOR.

67-9205. POWERS AND DUTIES OF THE ADMINISTRATOR. The administrator of the division of purchasing:
(1) Shall acquire all property for state agencies according to the provisions of this chapter;
(2) Shall acquire all property by competitive solicitation, except as otherwise provided;
(3) Shall determine, based on the specifications and matters relating to responsibility, the lowest responsible bidder in all competitive solicitations;
(4) Shall enter into contracts and any modifications thereto for the acquisition of property on behalf of and in the name of state agencies;
(5) Shall, when economically feasible and practical, consolidate solicitations and acquire property in amounts as large as can be efficiently managed and controlled;
(6) May, in the evaluation of paper product bids, give those items that meet the recycled content standards as specified by the administrator a five percent (5%) purchasing preference. As such, those qualifying paper products may be considered to cost five percent (5%) less when choosing the lowest responsible bidder;
(7) May appoint a deputy who shall have the power to act for the administrator and in the administrator’s place while absent, which deputy shall be bonded to the state of Idaho as prescribed by chapter 8, title 59, Idaho Code;
(8) May require from any contractor the submission of a performance bond for such sum as will, in the opinion of the administrator, guarantee the faithful performance of such contract, and the amount and requirement therefor shall be set out in the specifications;
(9) May enter into open contracts based on actual or estimated requirements;
(10) May enter into contracts, including leases and rentals, for periods of time exceeding one (1) year, provided that such contracts contain no penalty to or restriction upon the state in the event cancellation is necessitated by a lack of funding for any such contract;
(11) Is authorized and empowered to formulate rules, subject to the approval of the director, to effect the provisions of this chapter;
(12) May enter into negotiations for acquisitions in accordance with established rules of the division;
(13) May inspect property supplied by a contractor to determine whether it meets specifications;
(14) May classify, after review with the various agencies, the requirements of the state for all property that may be acquired, and may adopt standards of quality for property, and may establish specifications for acquisition. Each specification shall, until revised or rescinded, apply alike in terms and effect to each future acquisition of the classified property;
(15) May delegate authority pursuant to section 67-9206, Idaho Code; and
(16) May carry out such acts as are necessary to enforce the provisions of this chapter.
History:
[67-9205, added 2016, ch. 289, sec. 4, p. 794.]