View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0247......................................................by STATE AFFAIRS
DEPARTMENT OF ADMINISTRATION - Amends and adds to existing law to abolish
the Department of Administration and to have its various functions be
performed by the Division of General Services in the Executive Office of
the Governor, the Division of Building Safety, the State Historical
Society, the Division of Financial Management and the Military Division.
02/27 House intro - 1st rdg - to printing
02/28 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 247
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF ADMINISTRATION; AMENDING SECTION 1-505, IDAHO
3 CODE, TO DELETE REFERENCE TO DIVISION OF PUBLIC WORKS AND TO PROVIDE REF-
4 ERENCE TO THE DIVISION OF BUILDING SAFETY; AMENDING SECTION 6-919, IDAHO
5 CODE, TO PROVIDE DUTIES FOR THE ADMINISTRATOR OF THE DIVISION OF GENERAL
6 SERVICES REGARDING LIABILITY INSURANCE FOR THE STATE OF IDAHO AND TO PRO-
7 VIDE CORRECT TERMINOLOGY; AMENDING SECTION 6-920, IDAHO CODE, TO PROVIDE
8 DUTIES REGARDING LIABILITY INSURANCE FOR THE DIVISION OF GENERAL SERVICES
9 AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 6-921, IDAHO CODE, TO
10 PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES AND TO PROVIDE CORRECT
11 TERMINOLOGY; AMENDING SECTION 9-328, IDAHO CODE, TO PROVIDE A CORRECT CODE
12 CITATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 20-209,
13 IDAHO CODE, TO PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES REGARD-
14 ING CERTAIN CORRECTIONAL FACILITIES; AMENDING SECTION 20-517, IDAHO CODE,
15 TO PROVIDE DUTIES OF THE DIVISION OF BUILDING SAFETY REGARDING PLANNING
16 AND DESIGN OF REGIONAL DETENTION FACILITIES AND TO MAKE TECHNICAL CORREC-
17 TIONS; AMENDING SECTION 20-805, IDAHO CODE, TO PROVIDE DUTIES OF THE DIVI-
18 SION OF GENERAL SERVICES REGARDING PRIVATE PRISON FACILITIES; AMENDING
19 SECTION 31-4815, IDAHO CODE, TO PROVIDE FOR THE CREATION OF THE IDAHO
20 EMERGENCY COMMUNICATIONS COMMISSION IN THE MILITARY DIVISION; AMENDING
21 SECTION 33-909, IDAHO CODE, TO DELETE REFERENCE TO THE ADMINISTRATOR OF
22 THE DIVISION OF PUBLIC WORKS; AMENDING SECTION 33-1017, IDAHO CODE, TO
23 DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO MAKE A TECHNI-
24 CAL CORRECTION; AMENDING SECTION 33-4805, IDAHO CODE, TO PROVIDE CORRECT
25 CODE CITATIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
26 33-5509, IDAHO CODE, TO PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES
27 REGARDING THE IDAHO DIGITAL LEARNING ACADEMY; AMENDING SECTION 36-1109,
28 IDAHO CODE, TO PROVIDE THAT APPROVED CLAIMS FOR PAYMENT SHALL BE FOR-
29 WARDED TO THE DIVISION OF GENERAL SERVICES FOR PAYMENT; AMENDING SECTION
30 39-401, IDAHO CODE, TO PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES
31 REGARDING HEALTH DISTRICTS AND TO MAKE A TECHNICAL CORRECTION; AMENDING
32 CHAPTER 43, TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
33 39-4309, IDAHO CODE, TO PROVIDE AN APPEALS PROCESS FOR BIDDERS ON PUBLIC
34 WORKS PROJECTS; AMENDING SECTION 39-8005, IDAHO CODE, TO DELETE THE
35 DEPARTMENT OF ADMINISTRATION AS A MEMBER OF THE IDAHO UNIFORM SCHOOL
36 BUILDING SAFETY CODE COMMITTEE; AMENDING SECTION 39-8007, IDAHO CODE, TO
37 DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION; AMENDING SECTION
38 39-8008, IDAHO CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRA-
39 TION AND THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE
40 DUTIES FOR THE ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY AND TO
41 PROVIDE FOR AN IMMINENT SAFETY HAZARD; AMENDING SECTION 39-8010, IDAHO
42 CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRA-
43 TION; AMENDING SECTION 41-3502, IDAHO CODE, TO DELETE REFERENCE TO THE
44 ADMINISTRATOR OF THE DIVISION OF INSURANCE MANAGEMENT IN THE DEPARTMENT OF
45 ADMINISTRATION, TO PROVIDE DUTIES FOR THE ADMINISTRATOR OF THE DIVISION OF
46 GENERAL SERVICES AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
2
1 41-3503, IDAHO CODE, TO DELETE REFERENCE TO THE ADMINISTRATOR OF THE DIVI-
2 SION OF INSURANCE MANAGEMENT IN THE DEPARTMENT OF ADMINISTRATION AND TO
3 PROVIDE DUTIES FOR THE DIVISION OF GENERAL SERVICES; AMENDING CHAPTER 1,
4 TITLE 46, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 46-115, IDAHO CODE,
5 TO PROVIDE FOR THE TRANSFER AND OPERATION OF MICROWAVE FUNCTIONS FROM THE
6 DEPARTMENT OF ADMINISTRATION TO THE ADJUTANT GENERAL AND THE MILITARY
7 DIVISION; AMENDING SECTION 46-713, IDAHO CODE, TO PROVIDE CORRECT CODE
8 CITATIONS; AMENDING SECTION 46-714, IDAHO CODE, TO PROVIDE CORRECT CODE
9 CITATIONS; AMENDING SECTION 46-1203, IDAHO CODE, TO DELETE REFERENCE TO
10 THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE MILITARY
11 DIVISION; AMENDING SECTION 46-1204, IDAHO CODE, TO DELETE REFERENCE TO
12 THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE MILITARY DIVI-
13 SION AND TO PROVIDE A PROPER CODE CITATION; AMENDING SECTION 46-1211,
14 IDAHO CODE, TO REVISE MEMBERSHIP OF THE IDAHO STATEWIDE INTEROPERABILITY
15 EXECUTIVE COUNCIL; AMENDING SECTION 46-1212, IDAHO CODE, TO PROVIDE MEM-
16 BERSHIP OF THE DIVISION OF FINANCIAL MANAGEMENT AND TO DELETE REFERENCE TO
17 THE DEPARTMENT OF ADMINISTRATION ON THE IDAHO STATEWIDE INTEROPERABILITY
18 EXECUTIVE COUNCIL; AMENDING SECTION 48-508, IDAHO CODE, TO PROVIDE A
19 PROPER CODE CITATION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION
20 56-1201, IDAHO CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRA-
21 TION AND TO PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES; AMENDING
22 SECTION 57-1105, IDAHO CODE, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE
23 FOR PERPETUAL APPROPRIATION OF MONEYS IN THE PERMANENT BUILDING FUND TO
24 THE PERMANENT BUILDING FUND ADVISORY COUNCIL AND THE DIVISION OF BUILDING
25 SAFETY; AMENDING SECTION 58-330, IDAHO CODE, TO DELETE REFERENCE TO THE
26 DIVISION OF PUBLIC WORKS OF THE DEPARTMENT OF ADMINISTRATION AND TO PRO-
27 VIDE DUTIES OF THE DIVISION OF FINANCIAL MANAGEMENT; AMENDING SECTION
28 59-802, IDAHO CODE, TO REVISE A DEFINITION AND TO MAKE A TECHNICAL CORREC-
29 TION; AMENDING SECTION 59-904, IDAHO CODE, TO DELETE REFERENCE TO THE
30 DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION; AMENDING SECTION 59-1205,
31 IDAHO CODE, TO CREATE THE POSITION OF BUREAU CHIEF INSURANCE MANAGER IN
32 THE DIVISION OF GENERAL SERVICES, TO PROVIDE DUTIES OF THE POSITION, TO
33 PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES
34 AND TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND THE PER-
35 SONNEL GROUP INSURANCE ADMINISTRATOR; AMENDING SECTION 61-1205, IDAHO
36 CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO PRO-
37 VIDE DUTIES OF THE DIVISION OF GENERAL SERVICES; AMENDING SECTION 63-2520,
38 IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF
39 ADMINISTRATION AND TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION
40 OF BUILDING SAFETY; AMENDING SECTION 67-455, IDAHO CODE, TO DELETE REFER-
41 ENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE
42 DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY, TO PROVIDE
43 FOR PERPETUAL APPROPRIATION OF MONEYS TO THE DIVISION OF BUILDING SAFETY
44 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-455A, IDAHO CODE,
45 TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE
46 DUTIES OF THE DIVISION OF BUILDING SAFETY; AMENDING SECTION 67-1602, IDAHO
47 CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRA-
48 TION AND TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL
49 SERVICES; AMENDING SECTION 67-1603, IDAHO CODE, TO DELETE REFERENCE TO THE
50 DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE
51 ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES; AMENDING SECTION
52 67-1604, IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT
53 OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVI-
54 SION OF GENERAL SERVICES; AMENDING SECTION 67-1605, IDAHO CODE, TO DELETE
55 REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE
3
1 DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES AND TO
2 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-1606, IDAHO CODE, TO
3 DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND THE DIRECTOR OF
4 THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE DIVISION OF
5 BUILDING SAFETY AND THE ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY;
6 AMENDING SECTION 67-1608, IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR
7 OF THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE ADMINIS-
8 TRATORS OF THE DIVISION OF BUILDING SAFETY AND THE DIVISION OF GENERAL
9 SERVICES AND TO PROVIDE DUTIES OF THE STATE HISTORICAL SOCIETY; AMENDING
10 SECTION 67-1609, IDAHO CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF
11 ADMINISTRATION AND TO PROVIDE DUTIES OF THE DIVISION OF BUILDING SAFETY,
12 OFFICE OF PUBLIC WORKS; AMENDING SECTION 67-2319, IDAHO CODE, TO DELETE
13 REFERENCE TO THE DIVISION OF PURCHASING AND TO PROVIDE DUTIES OF THE
14 BUREAU OF PURCHASING; AMENDING SECTION 67-2402, IDAHO CODE, TO DELETE REF-
15 ERENCE TO THE DEPARTMENT OF ADMINISTRATION; AMENDING SECTION 67-2405,
16 IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF
17 ADMINISTRATION AND TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION
18 OF GENERAL SERVICES REGARDING OFFICIAL BONDS; AMENDING SECTION 67-2406,
19 IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF
20 ADMINISTRATION; AMENDING SECTION 67-2901, IDAHO CODE, TO DELETE REFERENCE
21 TO THE PERSONNEL GROUP INSURANCE ADMINISTRATOR IN THE DEPARTMENT OF ADMIN-
22 ISTRATION, TO PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES AND TO
23 MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-5202, IDAHO CODE, TO PRO-
24 VIDE THAT THE OFFICE OF THE ADMINISTRATIVE RULES COORDINATOR SHALL BE
25 ESTABLISHED IN THE DIVISION OF GENERAL SERVICES, TO DELETE REFERENCE TO
26 THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF
27 THE ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES; AMENDING SECTION
28 67-5309C, IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPART-
29 MENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE DIVISION OF FINANCIAL
30 MANAGEMENT; AMENDING THE HEADING FOR CHAPTER 57, TITLE 67, IDAHO CODE;
31 AMENDING SECTION 67-5701, IDAHO CODE, TO CREATE THE DIVISION OF GENERAL
32 SERVICES IN THE EXECUTIVE OFFICE OF THE GOVERNOR, TO PROVIDE FOR APPOINT-
33 MENT OF AN ADMINISTRATOR AND TO DELETE REFERENCE TO THE DIRECTOR OF THE
34 DEPARTMENT OF ADMINISTRATION AND TO THE DEPARTMENT OF ADMINISTRATION;
35 AMENDING SECTION 67-5702, IDAHO CODE, TO PROVIDE FOR BUREAUS IN THE DIVI-
36 SION OF GENERAL SERVICES AND TO PROVIDE FOR EMPLOYEES; AMENDING SECTION
37 67-5703, IDAHO CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRA-
38 TION AND TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL
39 SERVICES; AMENDING SECTION 67-5704, IDAHO CODE, TO DELETE REFERENCE TO THE
40 DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE DIVISION OF GEN-
41 ERAL SERVICES; AMENDING TITLE 39, IDAHO CODE, BY THE ADDITION OF A NEW
42 CHAPTER HEADING FOR CHAPTER 43, TITLE 39, IDAHO CODE; AMENDING SECTION
43 67-5705, IDAHO CODE, TO REDESIGNATE THE SECTION, TO DELETE REFERENCE TO
44 THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE ADMINISTRA-
45 TOR OF THE DIVISION OF BUILDING SAFETY; AMENDING SECTION 67-5706, IDAHO
46 CODE, TO PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES FOR ALLOCATION
47 OF OFFICE SPACE; AMENDING SECTION 67-5707A, IDAHO CODE, TO DELETE REFER-
48 ENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE
49 DIVISION OF GENERAL SERVICES; AMENDING SECTION 67-5708, IDAHO CODE, TO
50 DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF
51 THE DIVISION OF GENERAL SERVICES AND TO DELETE REFERENCE TO THE DIVISION
52 OF PUBLIC WORKS; AMENDING SECTION 67-5708A, IDAHO CODE, TO DELETE REFER-
53 ENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE
54 DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES; AMENDING
55 SECTION 67-5708B, IDAHO CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF
4
1 ADMINISTRATION AND TO PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES;
2 AMENDING SECTION 67-5709, IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR
3 OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE ADMINISTRA-
4 TOR OF THE DIVISION OF GENERAL SERVICES, TO PROVIDE REFERENCE TO THE STATE
5 FACILITIES SERVICES FUND AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
6 TION 67-5709A, IDAHO CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF ADMIN-
7 ISTRATION, TO PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES AND TO
8 CREATE THE STATE FACILITIES SERVICES FUND; AMENDING SECTION 67-5710, IDAHO
9 CODE, TO REDESIGNATE THE SECTION, TO CREATE AN OFFICE OF PUBLIC WORKS IN
10 THE DIVISION OF BUILDING SAFETY, TO PROVIDE FOR A MANAGER OF THE OFFICE OF
11 PUBLIC WORKS AND TO PROVIDE DUTIES AND TO DELETE LANGUAGE REGARDING MEM-
12 BERS AND TERMS OF THE PUBLIC BUILDING FUND ADVISORY COUNCIL; AMENDING SEC-
13 TION 67-5710A, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE DUTIES
14 OF THE MANAGER OF THE OFFICE OF PUBLIC WORKS AND THE ADMINISTRATOR OF THE
15 DIVISION OF BUILDING SAFETY AND TO PROVIDE CORRECT CODE CITATIONS; AMEND-
16 ING SECTION 67-5710B, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE
17 DEFINITIONS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-5711,
18 IDAHO CODE, TO REDESIGNATE THE SECTION, TO DELETE REFERENCE TO THE DIREC-
19 TOR OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE ADMINIS-
20 TRATOR OF THE DIVISION OF BUILDING SAFETY AND TO PROVIDE CORRECT CODE REF-
21 ERENCES; AMENDING SECTION 67-5711A, IDAHO CODE, TO REDESIGNATE THE SEC-
22 TION, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRA-
23 TION, TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF BUILDING
24 SAFETY AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-5711B,
25 IDAHO CODE, TO REDESIGNATE THE SECTION, TO DELETE REFERENCE TO THE DIREC-
26 TOR OF THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE
27 ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY OR THE MANAGER OF THE
28 OFFICE OF PUBLIC WORKS OR A DESIGNEE; AMENDING SECTION 67-5711C, IDAHO
29 CODE, TO REDESIGNATE THE SECTION, TO DELETE REFERENCE TO THE DEPARTMENT OF
30 ADMINISTRATION, TO PROVIDE DUTIES OF THE DIVISION OF BUILDING SAFETY, TO
31 REVISE PROCEDURES AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION
32 67-5711D, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE DEFINI-
33 TIONS; AMENDING SECTION 67-5711E, IDAHO CODE, TO REDESIGNATE THE SECTION,
34 TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION,
35 TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY,
36 TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE
37 REFERENCE TO THE DIVISION OF BUILDING SAFETY; AMENDING SECTION 67-5712,
38 IDAHO CODE, TO REDESIGNATE THE SECTION, TO DELETE REFERENCE TO THE DIREC-
39 TOR OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE ADMINIS-
40 TRATOR OF THE DIVISION OF BUILDING SAFETY AND TO MAKE A TECHNICAL CORREC-
41 TION; AMENDING SECTION 67-5713, IDAHO CODE, TO REDESIGNATE THE SECTION, TO
42 DELETE REFERENCE TO THE DIVISION OF PUBLIC WORKS, TO PROVIDE DUTIES OF THE
43 ADMINISTRATOR OF THE DIVISION OF BUILDING SAFETY OR HIS DESIGNEE, TO
44 REVISE APPOINTMENT PROCEDURES AND TO PROVIDE A CORRECT CODE REFERENCE;
45 AMENDING SECTION 67-5714, IDAHO CODE, TO DELETE REFERENCE TO THE DEPART-
46 MENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE DIVISION OF GENERAL SER-
47 VICES, TO PROVIDE FOR APPOINTMENT OF A BUREAU CHIEF OF THE BUREAU OF PUR-
48 CHASING AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-5717,
49 IDAHO CODE, TO PROVIDE POWERS AND DUTIES OF THE BUREAU CHIEF OF THE BUREAU
50 OF PURCHASING AND TO DELETE REFERENCE TO THE ADMINISTRATOR OF THE DIVISION
51 OF PURCHASING; AMENDING SECTION 67-5718, IDAHO CODE, TO PROVIDE DUTIES OF
52 THE BUREAU CHIEF OF THE BUREAU OF PURCHASING, TO DELETE REFERENCE TO THE
53 ADMINISTRATOR OF THE DIVISION OF PURCHASING AND TO MAKE A TECHNICAL COR-
54 RECTION; AMENDING SECTION 67-5718A, IDAHO CODE, TO PROVIDE DUTIES OF THE
55 BUREAU CHIEF OF THE BUREAU OF PURCHASING AND TO DELETE REFERENCE TO THE
5
1 ADMINISTRATOR OF THE DIVISION OF PURCHASING; AMENDING SECTION 67-5719,
2 IDAHO CODE, TO PROVIDE DUTIES OF THE BUREAU CHIEF OF THE BUREAU OF PUR-
3 CHASING AND TO DELETE REFERENCE TO THE ADMINISTRATOR OF THE DIVISION OF
4 PURCHASING; AMENDING SECTION 67-5720, IDAHO CODE, TO PROVIDE DUTIES OF THE
5 BUREAU CHIEF OF THE BUREAU OF PURCHASING, TO DELETE REFERENCE TO THE
6 ADMINISTRATOR OF THE DIVISION OF PURCHASING AND TO PROVIDE DUTIES OF THE
7 ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES; AMENDING SECTION
8 67-5722, IDAHO CODE, TO PROVIDE DUTIES OF THE BUREAU CHIEF OF THE BUREAU
9 OF PURCHASING AND TO DELETE REFERENCE TO THE ADMINISTRATOR OF THE DIVISION
10 OF PURCHASING; AMENDING SECTION 67-5723, IDAHO CODE, TO DELETE REFERENCE
11 TO THE ADMINISTRATOR OF THE DIVISION OF PURCHASING AND TO PROVIDE THAT IT
12 SHALL BE THE DUTY OF THE BUREAU CHIEF OF THE BUREAU OF PURCHASING TO PRE-
13 SCRIBE THE MANNER BY WHICH TO OBTAIN AND IMPLEMENT DISCOUNTS; AMENDING
14 SECTION 67-5724, IDAHO CODE, TO PROVIDE DUTIES OF THE BUREAU CHIEF OF THE
15 BUREAU OF PURCHASING AND TO DELETE REFERENCE TO THE ADMINISTRATOR OF THE
16 DIVISION OF PURCHASING; AMENDING SECTION 67-5724A, IDAHO CODE, TO PROVIDE
17 DUTIES OF THE BUREAU CHIEF OF THE BUREAU OF PURCHASING AND TO DELETE REF-
18 ERENCE TO THE ADMINISTRATOR OF THE DIVISION OF PURCHASING; AMENDING SEC-
19 TION 67-5725, IDAHO CODE, TO PROVIDE DUTIES OF THE BUREAU CHIEF OF THE
20 BUREAU OF PURCHASING, TO DELETE REFERENCE TO THE ADMINISTRATOR OF THE
21 DIVISION OF PURCHASING AND TO REVISE PROCEDURES; AMENDING SECTION 67-5726,
22 IDAHO CODE, TO PROVIDE DUTIES OF THE BUREAU CHIEF OF THE BUREAU OF PUR-
23 CHASING AND TO DELETE REFERENCE TO THE ADMINISTRATOR OF THE DIVISION OF
24 PURCHASING; AMENDING SECTION 67-5727, IDAHO CODE, TO PROVIDE DUTIES OF THE
25 BUREAU CHIEF OF THE BUREAU OF PURCHASING AND TO DELETE REFERENCE TO THE
26 ADMINISTRATOR OF THE DIVISION OF PURCHASING; AMENDING SECTION 67-5727A,
27 IDAHO CODE, TO PROVIDE DUTIES OF THE BUREAU CHIEF OF THE BUREAU OF PUR-
28 CHASING AND TO DELETE REFERENCE TO THE ADMINISTRATOR OF THE DIVISION OF
29 PURCHASING; AMENDING SECTION 67-5729, IDAHO CODE, TO PROVIDE DUTIES OF THE
30 BUREAU CHIEF OF THE BUREAU OF PURCHASING, TO DELETE REFERENCE TO THE
31 ADMINISTRATOR OF THE DIVISION OF PURCHASING, TO REVISE PROCEDURES AND TO
32 PROVIDE CORRECT CODE CITATIONS; AMENDING SECTION 67-5730, IDAHO CODE, TO
33 DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND
34 TO PROVIDE DUTIES FOR THE ADMINISTRATOR OF THE DIVISION OF GENERAL SER-
35 VICES; AMENDING SECTION 67-5732, IDAHO CODE, TO PROVIDE DUTIES OF THE
36 BUREAU CHIEF OF THE BUREAU OF PURCHASING AND TO DELETE REFERENCE TO THE
37 ADMINISTRATOR OF THE DIVISION OF PURCHASING; AMENDING SECTION 67-5733,
38 IDAHO CODE, TO PROVIDE DUTIES OF THE BUREAU CHIEF OF THE BUREAU OF PUR-
39 CHASING, TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL
40 SERVICES, TO DELETE REFERENCE TO THE ADMINISTRATOR OF THE DIVISION OF PUR-
41 CHASING, TO REVISE THE PROCEDURE FOR APPEALS AND TO PROVIDE A PROPER CODE
42 CITATION; AMENDING SECTION 67-5734, IDAHO CODE, TO PROVIDE DUTIES OF THE
43 ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES, TO DELETE REFERENCE TO
44 DETERMINATIONS OFFICER AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC-
45 TION 67-5735, IDAHO CODE, TO PROVIDE DUTIES OF THE BUREAU OF PURCHASING
46 AND TO DELETE REFERENCE TO THE DIVISION OF PURCHASING; AMENDING TITLE 46,
47 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER HEADING FOR CHAPTER 13, TITLE
48 46, IDAHO CODE; AMENDING SECTION 67-5740, IDAHO CODE, TO REDESIGNATE THE
49 SECTION, TO PROVIDE DUTIES OF THE ADJUTANT GENERAL, TO DELETE REFERENCE TO
50 THE ADMINISTRATOR OF THE DIVISION OF PURCHASING AND TO MAKE TECHNICAL COR-
51 RECTIONS; AMENDING SECTION 67-5741, IDAHO CODE, TO REDESIGNATE THE SEC-
52 TION, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRA-
53 TION, TO PROVIDE DUTIES OF THE ADJUTANT GENERAL, TO MAKE TECHNICAL CORREC-
54 TIONS AND TO PROVIDE FOR A BOND; AMENDING SECTION 67-5742, IDAHO CODE, TO
55 REDESIGNATE THE SECTION, TO PROVIDE DUTIES OF THE ADJUTANT GENERAL, TO
6
1 DELETE REFERENCE TO THE ADMINISTRATOR OF THE DIVISION OF PURCHASING AND TO
2 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-5743, IDAHO CODE, TO
3 REDESIGNATE THE SECTION, TO PROVIDE DUTIES OF THE ADJUTANT GENERAL, TO
4 DELETE REFERENCE TO THE ADMINISTRATOR OF THE DIVISION OF PURCHASING AND TO
5 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-5744, IDAHO CODE, TO
6 REDESIGNATE THE SECTION, TO PROVIDE DUTIES OF THE ADJUTANT GENERAL, TO
7 DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION, TO
8 PROVIDE CORRECT CODE REFERENCES AND TO DELETE REFERENCE TO THE DIVISION OF
9 PURCHASING; AMENDING SECTION 67-5745, IDAHO CODE, TO REDESIGNATE THE SEC-
10 TION AND TO PROVIDE DUTIES OF THE DIVISION OF FINANCIAL MANAGEMENT; AMEND-
11 ING SECTION 67-5745A, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING
12 SECTION 67-5745B, IDAHO CODE, TO REDESIGNATE THE SECTION, TO DELETE REFER-
13 ENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE
14 DIVISION OF FINANCIAL MANAGEMENT; AMENDING SECTION 67-5745C, IDAHO CODE,
15 TO REDESIGNATE THE SECTION AND TO PROVIDE FOR RULES TO BE PROMULGATED BY
16 THE ADMINISTRATOR OF THE DIVISION OF FINANCIAL MANAGEMENT; AMENDING SEC-
17 TION 67-5746, IDAHO CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF ADMIN-
18 ISTRATION, TO PROVIDE DUTIES FOR THE DIVISION OF GENERAL SERVICES, TO PRO-
19 VIDE APPLICATION TO PERSONAL PROPERTY, TO DELETE REFERENCE TO THE DIRECTOR
20 OF THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE REFERENCE TO THE ADMIN-
21 ISTRATOR OF THE DIVISION OF GENERAL SERVICES; AMENDING SECTION 67-5747,
22 IDAHO CODE, TO REDESIGNATE THE SECTION, TO DELETE REFERENCE TO THE DEPART-
23 MENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE DIVISION OF FINANCIAL
24 MANAGEMENT AND THE MILITARY DIVISION; AMENDING SECTION 67-5748, IDAHO
25 CODE, TO REDESIGNATE THE SECTION, TO DELETE REFERENCE TO THE DEPARTMENT OF
26 ADMINISTRATION, TO PROVIDE DUTIES OF THE DIVISION OF FINANCIAL MANAGEMENT
27 AND TO PROVIDE CORRECT CODE REFERENCES; AMENDING SECTION 67-5749, IDAHO
28 CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO PRO-
29 VIDE DUTIES OF THE DIVISION OF GENERAL SERVICES REGARDING POSTAL SERVICES;
30 AMENDING SECTION 67-5750, IDAHO CODE, TO REVISE POSTAL SERVICES ADMINIS-
31 TRATION, TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO
32 PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES; AMENDING SECTION
33 67-5751, IDAHO CODE, TO REDESIGNATE THE SECTION, TO DELETE REFERENCE TO
34 THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE
35 STATE HISTORICAL SOCIETY, TO PROVIDE FOR RULES AND GUIDELINES AND TO MAKE
36 A TECHNICAL CORRECTION; AMENDING SECTION 67-5751A, IDAHO CODE, TO REDESIG-
37 NATE THE SECTION, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF
38 ADMINISTRATION AND TO PROVIDE DUTIES OF THE STATE HISTORICAL SOCIETY AND
39 AGENCY HEADS; AMENDING SECTION 67-5752, IDAHO CODE, TO REDESIGNATE THE
40 SECTION, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINIS-
41 TRATION, TO PROVIDE DUTIES OF THE STATE HISTORICAL SOCIETY AND TO PROVIDE
42 FOR GUIDELINES; AMENDING SECTION 67-5753, IDAHO CODE, TO REDESIGNATE THE
43 SECTION, TO PROVIDE FOR STORAGE SERVICES, TO DELETE REFERENCE TO THE
44 DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE
45 STATE HISTORICAL SOCIETY; AMENDING SECTION 67-5760, IDAHO CODE, TO DELETE
46 REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION AND TO PRO-
47 VIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES;
48 AMENDING SECTION 67-5761, IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR
49 OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE ADMINISTRA-
50 TOR OF THE DIVISION OF GENERAL SERVICES AND TO REVISE PROCEDURES; AMENDING
51 SECTION 67-5762, IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE
52 DEPARTMENT OF ADMINISTRATION AND TO PROVIDE DUTIES OF THE ADMINISTRATOR
53 OF THE DIVISION OF GENERAL SERVICES; AMENDING SECTION 67-5767, IDAHO CODE,
54 TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION,
55 TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES
7
1 AND TO PROVIDE CORRECT CODE CITATIONS; AMENDING SECTION 67-5768, IDAHO
2 CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRA-
3 TION, TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL
4 SERVICES AND TO PROVIDE CORRECT CODE CITATIONS; AMENDING SECTION 67-5769,
5 IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF
6 ADMINISTRATION, TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF
7 GENERAL SERVICES, TO PROVIDE CORRECT CODE CITATIONS AND TO MAKE TECHNICAL
8 CORRECTIONS; AMENDING SECTION 67-5771, IDAHO CODE, TO PROVIDE CORRECT TER-
9 MINOLOGY AND CORRECT CODE CITATIONS; AMENDING SECTION 67-5772, IDAHO CODE,
10 TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION
11 AND TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL SER-
12 VICES; AMENDING SECTION 67-5773, IDAHO CODE, TO DELETE REFERENCE TO THE
13 DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE
14 ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES AND TO DELETE REFERENCE
15 TO THE RISK MANAGEMENT ADVISORY COMMITTEE; AMENDING SECTION 67-5774, IDAHO
16 CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO PRO-
17 VIDE DUTIES OF THE DIVISION OF GENERAL SERVICES REGARDING A RISK MANAGER;
18 AMENDING SECTION 67-5775, IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR
19 OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE ADMINISTRA-
20 TOR OF THE DIVISION OF GENERAL SERVICES AND TO MAKE TECHNICAL CORRECTIONS;
21 AMENDING SECTION 67-5776, IDAHO CODE, TO DELETE REFERENCE TO THE DIRECTOR
22 OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE ADMINISTRA-
23 TOR OF THE DIVISION OF GENERAL SERVICES, TO PROVIDE CORRECT TERMINOLOGY
24 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-5777, IDAHO CODE,
25 TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION,
26 TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES
27 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 67-5778, IDAHO CODE,
28 TO DELETE REFERENCE TO THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATION,
29 TO PROVIDE DUTIES OF THE ADMINISTRATOR OF THE DIVISION OF GENERAL SERVICES
30 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 67-6405, IDAHO CODE,
31 TO PROVIDE A CORRECT CODE CITATION; AMENDING SECTION 72-324, IDAHO CODE,
32 TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO THE DIREC-
33 TOR OF THE DEPARTMENT OF ADMINISTRATION, TO PROVIDE DUTIES OF THE DIVISION
34 OF GENERAL SERVICES AND TO THE ADMINISTRATOR OF THE DIVISION OF GENERAL
35 SERVICES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 72-333,
36 IDAHO CODE, TO DELETE REFERENCE TO THE DEPARTMENT OF ADMINISTRATION AND TO
37 PROVIDE DUTIES OF THE DIVISION OF GENERAL SERVICES; TO ALLOW CERTAIN
38 EMPLOYEES OF THE DEPARTMENT OF ADMINISTRATION TO BID ON CERTAIN CONTRACTS
39 AND TO PROVIDE THAT NO EMPLOYEE MAY START A CONTRACT WITH THE STATE OF
40 IDAHO WHILE STILL EMPLOYED BY THE STATE; PROVIDING SEVERABILITY; DECLARING
41 AN EMERGENCY, PROVIDING EFFECTIVE DATES, PROVIDING FOR RULES OF THE
42 DEPARTMENT OF ADMINISTRATION TO REMAIN IN EFFECT FOR A TIME CERTAIN AND TO
43 PROVIDE AUTHORITY TO THE ADMINISTRATIVE RULES COORDINATOR.
44 Be It Enacted by the Legislature of the State of Idaho:
45 SECTION 1. That Section 1-505, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 1-505. DISTRIBUTION OF REPORTS. The reporter shall have no pecuniary
48 interest in the reports. The decisions of the said Supreme Court shall be pre-
49 pared for publication, by the reporter, as rapidly as possible, and as soon as
50 a sufficient number of decisions are prepared to fill a volume, such a volume
51 shall be printed, and as many copies thereof as directed by the administrative
52 director of the courts, shall be delivered to the state law librarian, who
8
1 shall distribute them as follows: To the Librarian of Congress, three (3) cop-
2 ies; to the Idaho State Law Library, five (5) copies; to the University of
3 Idaho, general library, two (2) copies; to the Idaho State University Library,
4 one (1) copy; to Boise State University Library, one (1) copy; to the College
5 of Law of the University of Idaho, twelve (12) copies; to the Lewis-Clark
6 State College, one (1) copy; to the library at the state penitentiary, one (1)
7 copy; to each county prosecuting attorney, one (1) copy; to each magistrate,
8 one (1) copy; to each district judge, one (1) copy; to each justice of the
9 Supreme Court, one (1) copy; to the clerk of the Supreme Court, one (1) copy;
10 to the attorney general five (5) copies; one (1) copy to the Department of
11 Lands of Idaho; one (1) copy to the Public Utilities Commission of Idaho; one
12 (1) copy to the Industrial Commission; one (1) copy to the Division of Public
13 Works building safety; one (1) copy to the Department of Insurance; one (1)
14 copy to the Judiciary Committee of the Senate during sessions of the Legisla-
15 ture; one (1) copy to the Judiciary Committee of the House of Representatives
16 during sessions of the Legislature; to each state and territory in the United
17 States sending to this state copies of its printed court reports, one (1) copy
18 for the use of the state library or law library thereof; to each foreign state
19 or country, sending to this state copies of its printed court reports, one (1)
20 copy; to the governor, secretary of state, state treasurer, state controller,
21 superintendent of public instruction, each one (1) copy; and to other officers
22 and institutions as directed by the administrative director of the courts;
23 provided, that each public officer receiving a copy of any volume or volumes
24 of said reports under the provisions of this section, shall take good care of
25 the same, and shall upon retiring from office, turn the same over to his suc-
26 cessor in office, provided further, that copies of any volume of such reports
27 may be again issued to any of said officers, institutions, states or territo-
28 ries upon good and sufficient proof of loss of the copies sought to be
29 replaced, presented to the administrative director of the courts, who may
30 direct the librarian to furnish another copy of the volume so lost, in place
31 thereof.
32 SECTION 2. That Section 6-919, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 6-919. LIABILITY INSURANCE FOR STATE -- COMPREHENSIVE PLAN BY DIVISION OF
35 INSURANCE MANAGEMENT GENERAL SERVICES. The administrator of the division of
36 insurance management in the department of administration general services
37 shall provide a comprehensive liability plan which will cover and protect the
38 state and its employees from claims and civil lawsuits. He shall be responsi-
39 ble for the acquisition and administration of all liability insurance of the
40 state or for the use of the retained risk account fund provided in section
41 67-5776, Idaho Code, to meet the obligations of the comprehensive liability
42 plan.
43 The administrator of the division of general services shall, after consul-
44 tation with the departments, agencies, commissions, and other instrumentali-
45 ties of the state, provide a comprehensive liability plan for the state pro-
46 viding liability coverage to the state and its employees in amounts not less
47 than the minimum specified in section 6-924, Idaho Code. He shall have the
48 authority to use the retained risk account fund provided in section 67-5776,
49 Idaho Code, or to purchase, renew, cancel and modify all policies according to
50 the comprehensive liability plan.
51 SECTION 3. That Section 6-920, Idaho Code, be, and the same is hereby
52 amended to read as follows:
9
1 6-920. LIABILITY INSURANCE FOR STATE PROCURED BY DIVISION OF INSURANCE
2 MANAGEMENT GENERAL SERVICES. No state agency or institution other than the
3 administrator of the division of insurance management in the department of
4 administration general services may procure liability insurance under this act
5 chapter. All state agencies and institutions shall comply with this act chap-
6 ter and the comprehensive liability plan developed by the administrator of the
7 division.
8 SECTION 4. That Section 6-921, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 6-921. APPORTIONMENT OF COST OF STATE PLAN. The administrator of the
11 division of insurance management in the department of administration general
12 services shall apportion the cost of the comprehensive liability plan under
13 this act chapter to the individual agencies and institutions and the costs
14 shall be paid to the departments.
15 SECTION 5. That Section 9-328, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 9-328. PHOTOGRAPHIC OR DIGITAL RETENTION OF RECORDS -- DISPOSITION OF
18 ORIGINALS. Any state officer may receive or retain documents filed or recorded
19 in his office on media other than paper, provided that the media comply with
20 the standards set forth in this section. The originals of paper documents may
21 be disposed of in accordance with the provisions of this section.
22 (1) A state officer may receive, file or record documents in his office
23 in paper form. When permitted by law or administrative rule, a state officer
24 may alternatively receive, file or record documents which are transmitted on
25 other media or by electronic means, provided that the medium or means of
26 transmittal is secure against undetected additions, deletions or alterations
27 of documents during transmittal. Such media and electronic means include, but
28 are not limited to, facsimile transmissions (FAX), magnetic tape or disk, pho-
29 tographic film, optical disk and an electronically transmitted data stream.
30 (2) A state officer may retain a document in a different form or medium
31 from that in which it is received, provided that the form or medium in which
32 the document is retained results in a permanent record which may be accurately
33 reproduced during the period for which the document must be retained.
34 (3) If a document is received in paper form or as an image of a paper
35 document, e.g. film, FAX or other digitized image, it must be retained in a
36 form or medium which permits accurate reproduction of the document in paper
37 form. If the medium chosen for retention is photographic, all film used for
38 capture or retention of images must meet the quality standards of the American
39 national standards institute (ANSI). If the medium chosen for retention is
40 digital, it must be secure against unauthorized or undetected alteration or
41 deletion. If the medium itself does not preclude alteration or deletion, the
42 custodial state officer must insure ensure that a document can be restored
43 from a backup medium which may or may not be digital.
44 (4) If a document is received as a data stream, it must be retained in a
45 system which is secure against unauthorized or undetected alteration or dele-
46 tion of data, and which provides for periodic backup of data for off-site
47 storage. The system must permit the document to be readily and intelligibly
48 reproduced on paper.
49 (5) If a document is received in paper form or as an image of a paper
50 document, and if the receiving state officer retains it in another form or
51 medium as permitted in subsection (3) of this section, then the original of
10
1 the document may be disposed of or returned to the sender, provided that such
2 disposition or return is done pursuant to statute or an administrative rule
3 promulgated under section 67-57514129C, Idaho Code.
4 (6) A document retained by a state officer in any form or medium permit-
5 ted under this section shall be deemed to be an original public record for all
6 purposes. A reproduction or copy of such a document, certified by the state
7 officer, shall be deemed to be a transcript or certified copy of the original,
8 and shall be admissible before any court or administrative hearing.
9 SECTION 6. That Section 20-209, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 20-209. CONTROL AND MANAGEMENT OF CORRECTIONAL FACILITIES AND PRISONERS
12 -- RULES. (1) The state board of correction shall have the control, direction
13 and management of such correctional facilities as may be acquired for use by
14 the state board of correction and all property owned or used in connection
15 therewith, and shall provide for the care, maintenance and employment of all
16 prisoners now or hereinafter committed to its custody.
17 (2) The state board of correction shall have the authority to enter into
18 contracts with private prison contractors for the site selection, design,
19 design/building, acquisition, construction, construction management, mainte-
20 nance, leasing, leasing/purchasing, management or operation of private prison
21 facilities or any combination of those services subject to the requirements
22 and limitations set forth in section 20-241A, Idaho Code.
23 (3) The state board of correction shall have the authority to promulgate
24 rules required by law or necessary or desirable to carry out all duties
25 assigned to the department of correction pursuant to the provisions of chapter
26 8, title 20, Idaho Code, which authority shall include the power and duties to
27 prescribe standards, rules and procedures for licensure of private prison con-
28 tractors, to develop and provide, in conjunction with the department of admin-
29 istration division of general services, a uniform contract for use by local
30 contracting authorities in contracting with private prison contractors, to
31 review records and historical information of all prisoners proposed to be
32 housed in private prison facilities and to approve or reject the housing of
33 all prisoners, to monitor the status of insurance of private prison contrac-
34 tors, to approve suitable training programs for firearm certification for
35 employees of private prison contractors and to approve suitable drug testing
36 programs for prisoners housed with private prison contractors. All final deci-
37 sions by the board shall be subject to review pursuant to the provisions and
38 procedures of the administrative procedure act, chapter 52, title 67, Idaho
39 Code.
40 (4) The state board of correction is authorized to provide medical and
41 counseling services to those prisoners who have been exposed to the HIV (human
42 immunodeficiency virus) which causes acquired immunodeficiency syndrome
43 (AIDS) or who have been diagnosed as having contracted a human
44 immunodeficiency viral disease.
45 (5) The state board of correction should provide educational and informa-
46 tional services to prisoners housed in Idaho and to its department employees
47 in order to assure that the transmission of HIV within correctional facilities
48 is diminished.
49 SECTION 7. That Section 20-517, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 20-517. DETENTION ACCOMMODATIONS. (1) The county commissioners shall pro-
11
1 vide a detention facility for the detention of juveniles to be conducted by
2 the court, or, subject to the approval of the court, by other appropriate pub-
3 lic agency, provided that such detention shall comply with the provisions of
4 section 20-518, Idaho Code; or within the limits of funds provided by the
5 county commissioners the court may arrange for the use of private homes for
6 such detention, subject to the supervision of the court or other agency, or
7 may arrange with any institution or agency to receive for temporary care and
8 custody juveniles within the jurisdiction of the court, provided said private
9 individual or agency facilities, except relatives of the juvenile, shall meet
10 the licensing requirements as provided in this chapter for care of juveniles.
11 Nothing herein shall prevent a jail facility from being utilized as a deten-
12 tion facility if it complies with the provisions of section 20-518, Idaho
13 Code.
14 (2) For the purpose of carrying out the provisions of this section, the
15 county commissioners may enter into contracts or agreements with public or
16 private agencies, individuals, other counties, or the department of juvenile
17 corrections which may include the expenditures of moneys outside the county
18 boundaries. If the county in which the court is located has made an agreement
19 with another governmental unit or agency located outside the county or the
20 judicial district for the detention of juveniles under this act chapter, then
21 any court in the county may order a juvenile detained outside of the county or
22 outside of the judicial district in the detention facility described in such
23 agreement.
24 (3) The county wherein any court has entered an order for the detention
25 of a juvenile outside of the county or outside of the judicial district as
26 provided by subsection (2) of this section shall pay all direct and indirect
27 costs of the detention of the juvenile to the governmental unit or agency own-
28 ing or operating the detention facility in which the juvenile was detained.
29 The amount of such cost may be determined on a per day per juvenile basis by
30 agreement between the county wherein the court entered the order of detention
31 and the county or governmental unit or agency owning or operating such deten-
32 tion facility.
33 (4) All funds appropriated by the state for the planning and design of
34 regional detention facilities shall be administered and distributed by the
35 director of the department of administration division of building safety for
36 the planning and design of regional detention facilities in accordance with
37 the requirements or directives of such appropriation. In administering such
38 funds, the director of the department of administration division of building
39 safety shall consult with the designated county officials of every county
40 involved or affected by a proposed regional detention facility and shall abide
41 by the decision of the designated representatives of each of the counties so
42 involved or affected.
43 SECTION 8. That Section 20-805, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 20-805. CONTRACTS WITH A PRIVATE PRISON CONTRACTOR. (1) A board of county
46 commissioners or the governing body of a city, may enter into a contract with
47 a private prison contractor for the site selection, design, design/building,
48 acquisition, construction, construction/management, financing, maintenance,
49 leasing, leasing/purchasing, management or operation of private prison facili-
50 ties or any combination of these services, subject to the following require-
51 ments and limitations:
52 (a) Any request for proposals, any original contract, any contract
53 renewal, any price or cost adjustment or any other amendment to any con-
12
1 tract for the incarceration of individuals in a private prison facility
2 shall be reviewed and approved by the contracting authority. The contract
3 shall be in a form as provided for by the department of administration
4 division of general services in consultation with the department of cor-
5 rection;
6 (b) No contract authorized by the provisions of this section shall be
7 awarded until the private prison contractor demonstrates to the satisfac-
8 tion of the contracting authority that the contractor possesses the neces-
9 sary qualifications and experience to provide the services specified in
10 the contract; that the contractor can provide the necessary qualified per-
11 sonnel to implement the terms of the contract; that the financial condi-
12 tion of the contractor is such that the terms of the contract can be ful-
13 filled; that the contractor has the ability to comply with applicable
14 court orders and meet corrections standards; and that the proposed private
15 prison facilities or the correctional services proposed by the contractor
16 meet constitutional minimums;
17 (c) The contract shall provide for the assumption of liability by the
18 private prison contractor for all claims arising from the services per-
19 formed under the contract by the private prison contractor;
20 (d) No contract authorized by the provisions of this section shall be
21 awarded until the private prison contractor provides a policy of insurance
22 for all claims satisfactory to the contracting authority specifically
23 including, but not limited to, insurance for civil rights claims as deter-
24 mined by a risk management or actuarial firm with demonstrated experience
25 in public liability for state governments. The insurance policy shall pro-
26 vide coverage for the private prison contractor and its officers, guards,
27 employees and agents as well as insure the state, including all state
28 agencies, and all political subdivisions of the state with jurisdiction
29 over the facility or in which a facility is located against all claims
30 arising from the services performed under the contract by the private
31 prison contractor, its officers, guards, employees and agents. The private
32 prison contractor shall immediately provide written notification of can-
33 cellation of insurance to the state department of correction and the con-
34 tracting authority. The private prison contractor may not self-insure.
35 Proof of insurance shall be provided on or before January 1 of every year
36 to the state department of correction and the contracting authority;
37 (e) If the contract includes construction or renovation, the contract
38 shall require a performance bond approved by the contracting authority
39 that is adequate and appropriate for the proposed construction or
40 renovation contract;
41 (f) Except as otherwise permitted under the constitution or laws of the
42 state of Idaho, no contract awarded pursuant to this section shall provide
43 for the encumbrance of funds beyond the amount available for a fiscal
44 year;
45 (g) The contract shall require the private prison contractor to be
46 licensed by the department of correction pursuant to the provisions of
47 this chapter.
48 (2) Any contract between a contracting authority and a private prison
49 contractor, whereby the contractor provides for the housing, care, and control
50 of prisoners in a facility operated by the contractor, shall contain, in addi-
51 tion to other provisions, terms and conditions:
52 (a) A requirement that the private prison contractor provide the services
53 in a facility which meets correctional standards satisfying constitutional
54 minimums, state and federal laws, rules and regulations and applicable
55 court orders, including, but not limited to, all sanitation, food service,
13
1 safety and health regulations;
2 (b) A requirement that the private prison contractor send copies of
3 reports of inspections completed by appropriate authorities regarding com-
4 pliance with laws, rules and regulations of the type described in subsec-
5 tion (2)(a) of this section to the governing authority of the local public
6 entity in which the correctional facility is located;
7 (c) If a private prison contractor enters into a contract with a board of
8 county commissioners for a private prison facility to be located on pri-
9 vate land within the limits of any city, it shall be required that the
10 contractor obtain written authorization from the governing body of the
11 city in which the facility is to be located;
12 (d) A requirement that the private prison contractor provide training to
13 its personnel to a level acceptable to the contracting authority. The pro-
14 visions of this section shall not be construed to confer peace officer
15 status upon any employee of the private prison contractor or to authorize
16 the use of firearms. A private correctional officer or other designated
17 employee of a private prison contractor may carry and use firearms in the
18 course of the officer's or employee's employment only if the officer or
19 employee is certified as having satisfactorily completed a training pro-
20 gram approved by the department of correction and only if used to prevent
21 escape from the facility or from custody while being transported to or
22 from the facility or to prevent an act which would cause death or serious
23 bodily injury to any person. The provisions of this section shall not be
24 construed to confer county or city employee status upon any employee of
25 the private prison contractor;
26 (e) A requirement that the private prison contractor will not employ any
27 person at the private prison facility until after the private contractor
28 has submitted to the bureau of criminal identification, on a form pre-
29 scribed by the bureau, a request that the bureau conduct a criminal
30 records check of the person and a requirement that the private prison con-
31 tractor will not employ any person at the facility if the records check or
32 other information possessed by the contractor indicates that the person
33 has a criminal history or record, regardless of the form of judgment;
34 (f) A requirement that the private prison facility be staffed at all
35 times to ensure supervision of prisoners and maintenance of security
36 within the private prison facility and to provide for appropriate pro-
37 grams, transportation, security and other operational needs. In determin-
38 ing security needs for the private prison facility, the private contractor
39 and the contract requirements shall fully take into account all relevant
40 factors including, but not limited to, the proximity of the facility to
41 neighborhoods and schools;
42 (g) A requirement that the private prison contractor, its officers,
43 guards, employees, and agents immediately notify the county sheriff and
44 any other law enforcement or other governmental entities, agencies or
45 personnel named in the contract or required to be informed as provided in
46 this chapter of any riot, rebellion, escape, crime or other emergency sit-
47 uation occurring inside or outside the facility, and a requirement that
48 the private prison contractor reimburse costs as provided in section
49 20-809, Idaho Code. Notification shall be made by telephone and in writ-
50 ing. The written notice may be made by facsimile transmission or mail;
51 (h) A requirement that the private contractor adopt and use in the pri-
52 vate prison facility a drug testing and treatment program that meets the
53 standards of any drug testing and treatment program the department of cor-
54 rection uses for its prisoners in state correctional institutions;
55 (i) A requirement that the private prison contractor provide advance
14
1 written notice to the county sheriff of the contracting authority and any
2 other law enforcement or other governmental entities, agencies or person-
3 nel named in the contract, of its intent to provide for transport of any
4 prisoners to or from the private prison facility and of the intended des-
5 tination;
6 (j) A requirement that the private prison contractor shall be solely
7 responsible for any damage caused by a prisoner in its custody and shall
8 be solely responsible for security and all costs associated with trans-
9 porting and housing prisoners to and from locations outside the private
10 prison facility including, but not limited to, court, medical and sending
11 facility locations. The private prison contractor's responsibility for
12 costs will include, but not be limited to, all costs which may be required
13 by court officials for additional security for the prisoner provided by
14 federal, state, county or city officials;
15 (k) A requirement that no prisoner shall be housed in a private prison
16 facility pursuant to this chapter without the prior approval of the
17 department of correction pursuant to the provisions of this chapter. Prior
18 to housing any proposed prisoner in the private prison facility, all
19 records in the possession of, or available to, the sending entity, includ-
20 ing, but not limited to, classification, medical information, conduct and
21 confinement history of the prisoner shall be provided to the department of
22 correction for review and the department shall have the authority to
23 approve or reject housing of the prisoner based on standards as set forth
24 pursuant to this chapter. Provided however, that in lieu of providing the
25 department of correction with medical information of a prisoner, a sending
26 entity may elect to certify, by a physician licensed in this state and
27 employed by, or under contract with, the private prison facility, that the
28 prisoner under consideration for placement in the facility has been
29 tested, and has not tested positive, for the presence of HIV antibodies or
30 antigens, hepatitis B virus, hepatitis C virus and tuberculosis;
31 (l) A requirement that the private prison contractor, prior to housing
32 any out-of-state prisoner in the private prison facility under the con-
33 tract, enter into an agreement with the local contracting governmental
34 entity that sets forth a conversion plan that will be followed if, for any
35 reason, the facility is closed or ceases to operate. The conversion plan
36 shall provide, in part, that the private prison contractor shall be
37 responsible for housing and providing for the transportation of the pris-
38 oners who are in the facility at the time it is closed or ceases to oper-
39 ate and for the cost of such housing and transporting of those prisoners;
40 (m) A requirement that the private prison contractor conform to applica-
41 ble standards, and obtain accreditation from, the American correctional
42 association and the national commission on correction health care;
43 (n) A requirement that the private prison contractor indemnify and hold
44 harmless the state, its officers, agents and employees and any local gov-
45 ernmental entity in the state with jurisdiction over the place at which
46 the private prison facility is located or that owns the private prison
47 facility, and shall reimburse the state or local governmental entity for
48 costs incurred defending the state or local governmental entity or any of
49 its officers, agents or employees against all claims including the follow-
50 ing:
51 (i) Any claims or losses for services rendered by the contractor,
52 its officers, agents or employees, performing or supplying services
53 in connection with the performance of the contract;
54 (ii) Any failure of the contractor, its officers, agents or employ-
55 ees to adhere to the laws, rules, regulations or terms agreed to in
15
1 the contract;
2 (iii) Any constitutional, federal, state or civil rights claim
3 brought against the governmental entity related to the facility oper-
4 ated and managed by the contractor;
5 (iv) Any claims, losses, demands or causes of action arising out of
6 the activities in this state of the contractor, its officers, agents
7 or employees;
8 (v) Any attorney's fees or court costs arising from any habeas cor-
9 pus actions or other prisoner suits that may arise from any event
10 that occurred at the facility or was a result of such an event, or
11 arise over the conditions, management or operation of the facility,
12 which fees and costs shall include, but not be limited to, attorney's
13 fees for the governmental entity's representation and for any court-
14 appointed representation of any prisoner.
15 (o) A clear statement that provisions set forth within this chapter do
16 not affect any immunity or defense that the state and its officers and
17 employees or a contracting authority and its officers and employees may be
18 entitled to under another section of the Idaho Code, including, but not
19 limited to chapter 9, title 6, Idaho Code;
20 (p) A clear statement that no immunity from liability granted to the
21 state, and no immunity from liability granted to political subdivisions
22 pursuant to chapter 9, title 6, Idaho Code, shall extend to the private
23 prison contractor or any of the private prison contractor's employees;
24 (q) A requirement that the private prison contractor and its personnel
25 comply with the provisions of this chapter, all laws of the state of
26 Idaho, and all ordinances, policies and procedures of the contracting
27 authority;
28 (r) A requirement that any ambiguities in the contract shall be construed
29 against the private prison contractor and in favor of the contracting
30 authority.
31 (3) Contracts awarded under the provisions of this section shall, at a
32 minimum, comply with the following:
33 (a) Provide for internal and perimeter security to protect the public,
34 employees and prisoners;
35 (b) Provide that the private prison contractor shall not benefit finan-
36 cially from the labor of prisoners nor shall any prisoner ever be placed
37 in a position of authority over another prisoner. Any profits realized
38 from the operation of a prison enterprise program shall revert to the con-
39 tracting authority;
40 (c) Provide that the private prison contractor shall impose discipline on
41 prisoners only in accordance with applicable rules, policies and proce-
42 dures satisfying constitutional minimums, state and federal laws and
43 applicable court orders;
44 (d) Require that the private prison contractor provide proper food,
45 clothing, housing and medical care as provided for in the contract. The
46 governmental entity contracting with the private prison contractor shall
47 not be responsible for any costs associated with the medical care of pris-
48 oners in the custody of the private prison contractor.
49 (4) The contracting authority or its designee, as provided in the con-
50 tract, shall monitor the performance of the private prison contractor.
51 Included in the powers and responsibilities of the contracting authority or
52 its designee, when acting as the contract monitor of the private prison con-
53 tract are:
54 (a) A determination if the requirements of the contract are being satis-
55 factorily performed;
16
1 (b) A determination whether the private prison contractor and its person-
2 nel are complying with the provisions of this chapter, all laws of the
3 state of Idaho and any ordinances or written policies and procedures of
4 the county or city governing the private prison facility;
5 (c) A determination if applicable ordinances, written policies and proce-
6 dures of the contracting authority are being followed by the private
7 prison contractor and its personnel;
8 (d) A determination whether the facility is being operated in a manner
9 which adequately safeguards and protects the safety of the public;
10 (e) Approval of all prisoner releases on furlough or work release;
11 (f) The enactment of ordinances or the adoption of written policies or
12 procedures interpreting or making specific application of the provisions
13 of this chapter.
14 SECTION 9. That Section 31-4815, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 31-4815. CREATION OF IDAHO EMERGENCY COMMUNICATIONS COMMISSION -- TERMS.
17 (1) There is hereby created in the department of administration military divi-
18 sion an Idaho emergency communications commission (hereinafter referred to as
19 "the commission") for the purpose of assisting cities, counties, ambulance
20 districts and fire districts in the establishment, management, operations and
21 accountability of consolidated emergency communications systems. Notwithstand-
22 ing any other provision of law to the contrary, the commission shall, upon
23 being constituted, exercise its powers and duties in accordance with the pro-
24 visions of this section relative to consolidated emergency communications in
25 this state established by enactment of the legislature or by private act.
26 (2) The commission shall be composed of thirteen (13) voting members,
27 with eleven (11) appointed by the governor as follows: one (1) member repre-
28 senting the association of Idaho cities, one (1) member representing the Idaho
29 association of counties, one (1) member representing the Idaho sheriffs' asso-
30 ciation, one (1) member representing the Idaho chiefs of police association,
31 one (1) member representing the Idaho fire chiefs association, one (1) member
32 representing the Idaho prosecuting attorneys association, one (1) member rep-
33 resenting the Idaho state emergency medical services communications center,
34 one (1) member representing the Idaho emergency medical services association,
35 one (1) member representing the public at large and two (2) members represent-
36 ing private industry service providers, one (1) from the wireless industry and
37 one (1) from the traditional phone service industry. The commission shall
38 also include the director of the Idaho state police or a designated represen-
39 tative and the adjutant general or a designated representative. One (1) repre-
40 sentative of the attorney general shall serve as a nonvoting ex officio mem-
41 ber.
42 (3) Except as provided in this subsection, members of the commission
43 shall be appointed for a term of four (4) years. The following five (5) mem-
44 bers shall be appointed to an initial term of two (2) years: the member repre-
45 senting the Idaho fire chiefs association, the member representing the Idaho
46 state emergency medical services communications center, the member represent-
47 ing the Idaho emergency medical services association, the member representing
48 the wireless industry, and one (1) member representing the public. The remain-
49 ing six (6) members appointed by the governor shall be appointed for an ini-
50 tial term of four (4) years. Thereafter, all terms shall be for a period of
51 four (4) years.
52 (4) The commission shall elect a chair and such officers as it may deem
53 necessary and appropriate. The commission shall meet at least annually and at
17
1 the call of the chair. Members of the commission shall be compensated as pro-
2 vided in section 59-509(b), Idaho Code. Compensation shall be paid from the
3 emergency communications fund created in section 31-4818, Idaho Code.
4 SECTION 10. That Section 33-909, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 33-909. PUBLIC SCHOOL FACILITIES COOPERATIVE FUNDING PROGRAM -- FUND CRE-
7 ATED. (1) In fulfillment of the constitutional requirement to provide a gen-
8 eral, uniform and thorough system of public, free common schools, it is the
9 intent of the state of Idaho to advance its responsibility for providing a
10 safe environment conducive to learning by providing a public school facilities
11 funding program to enable qualifying school districts to address unsafe facil-
12 ities identified as unsafe under the standards of the Idaho uniform school
13 building safety act.
14 (2) Participation in the program, for the purpose of obtaining state
15 financial support to abate identified school building safety hazards, requires
16 submission of an application to the public school facilities cooperative fund-
17 ing program panel. Application can be made by:
18 (a) Any school district that has failed to approve at least one (1) or
19 more bond levies for the repair, renovation or replacement of existing
20 unsafe facilities, within the two (2) year period immediately preceding
21 submission of the application; or
22 (b) The administrator of the division of building safety, for a school
23 district that has failed to address identified unsafe facilities as pro-
24 vided in chapter 80, title 39, Idaho Code.
25 (3) There is hereby created within the office of the state board of edu-
26 cation the Idaho public school facilities cooperative funding program panel,
27 hereafter referred to as the panel. The panel shall consist of the administra-
28 tor of the division of building safety, the administrator of the division of
29 public works and the executive director of the state board of education, or a
30 designee appointed by a panel member. It shall be the duty of the panel to
31 consider all applications made to it, and to either approve, modify or reject
32 an application based on the most economical solution to the problem, as ana-
33 lyzed within a projected twenty (20) year time frame.
34 (4) The application shall contain the following information:
35 (a) The identified school building safety hazards and such other informa-
36 tion necessary to document the deficiencies;
37 (b) The school district's plan for abating the defects, including costs
38 and sources and amounts of revenue available to the school district;
39 (c) The market value for assessment purposes of the school district; and
40 (d) A detailed accounting of all bond and plant facility levies of the
41 school district and the revenues raised by such levies.
42 For applications initiated by the administrator of the division of building
43 safety pursuant to subsection (2)(b) of this section, the school district
44 shall provide the information required in this subsection (4) if such informa-
45 tion is not available to the administrator.
46 (5) In considering an application, the panel shall determine whether the
47 plan as proposed is acceptable, or is acceptable with modifications as deter-
48 mined by the panel, or should be rejected. The panel shall notify the appli-
49 cant of its decision, in writing, within sixty (60) days of receiving the
50 application. At the same time the panel notifies the applicant, the panel
51 shall send notification of an approved application or a modified application
52 to the state board of education, along with the panel's specifications for the
53 project and its cost.
18
1 (6) If an application received from a school district is accepted or mod-
2 ified by the panel, the local board of trustees of that school district, at
3 the next election held pursuant to section 34-106, Idaho Code, shall submit
4 the question to the qualified electors of the school district of whether to
5 approve a bond in the amount of the cost of the project as approved by the
6 panel.
7 (7) Within thirty-five (35) calendar days of receiving notification from
8 the panel that an application submitted by the administrator of the division
9 of building safety pursuant to subsection (2)(b) of this section has been
10 approved or modified by the panel, or within thirty-five (35) calendar days of
11 receiving certification from the panel that the question submitted to the
12 electorate pursuant to subsection (6) of this section was not approved in the
13 election, the state board of education shall appoint a district supervisor for
14 interim state supervision of the local school district. The district supervi-
15 sor shall be responsible for ensuring that the project, as approved by the
16 panel, is completed and shall regularly report to the panel in a manner as
17 determined by the panel upon approval of the project. The district supervisor
18 shall also have the authority granted to said position by the provisions of
19 section 6-2212, Idaho Code. A district supervisor's term of service shall con-
20 tinue for the duration of the project, and such person appointed as a district
21 supervisor shall serve at the pleasure of the state board of education.
22 (8) Upon approval of an application or a modified application submitted
23 by the administrator of the division of building safety pursuant to subsection
24 (2)(b) of this section, or upon receipt of certification from the county that
25 the question submitted to the electorate pursuant to subsection (6) of this
26 section was not approved in the election, the panel shall certify the cost of
27 the project, as approved by the panel, to the state department of education.
28 (a) The total cost of the project shall initially be paid by the state
29 from the public school facilities cooperative fund.
30 (b) The district's share of costs that may be repaid through the levy
31 provisions of this section shall not exceed the district's share of bond
32 payment costs as calculated for the bond levy equalization support program
33 in the fiscal year in which the application is made. Interest shall be
34 charged on the unpaid balance of the district's share of costs, as such
35 balance exists at the end of each fiscal year, at the rate of interest
36 earned by the state treasurer on the investment of idle funds in that fis-
37 cal year.
38 (c) It shall be the responsibility of the state department of education
39 to calculate a state-authorized plant facilities levy rate in accordance
40 with the provisions of subsection (9) of this section, which, when imposed
41 over a maximum period not to exceed twenty (20) years, may yield the reve-
42 nues needed to repay the school district's share of the cost of the proj-
43 ect.
44 (d) The levy rate calculated by the state department of education shall
45 be certified by the department to the county or counties wherein the
46 boundaries of the school district are contained, for assessment of the
47 levy and collection of the revenues by such county or counties in the man-
48 ner provided by law. The revenues collected by imposition of the state-
49 authorized plant facilities levy shall be remitted to the state treasurer
50 for deposit to the public school facilities cooperative fund.
51 (9) The annual state-authorized plant facilities levy rate shall be lim-
52 ited to the greater of:
53 (a) The difference between the school district's combined bond and plant
54 facilities levy rates, and the statewide average bond and plant facility
55 levy rates; or
19
1 (b) The statewide average plant facility levy rate.
2 The initial levy rate so calculated shall be established as the minimum levy
3 rate that shall be imposed for the amount of time required to reimburse the
4 state for the school district's share of the project cost, but not to exceed
5 twenty (20) years, even if this period would not provide reimbursement of the
6 entire amount of the school district's share of the cost of the project. The
7 state department of education is authorized and directed to recalculate the
8 levy rate on an annual basis, and is authorized to increase or decrease the
9 levy rate according to the scheduled payback, but the levy rate shall not be
10 less than the levy rate initially imposed. Provided however, if the levy rate
11 calculated is estimated to raise more money than would be necessary to repay
12 the district's share of costs, then the state department of education shall
13 certify to the county or counties wherein the boundaries of the school dis-
14 trict are contained, the moneys necessary to repay the district's share of
15 costs.
16 (10) There is hereby created in the state treasury a public school facili-
17 ties cooperative fund. The fund shall contain such moneys as may be directed
18 pursuant to appropriation. Moneys in the fund shall be used exclusively to
19 finance the public school facilities cooperative funding program, and are
20 hereby continuously appropriated for such purposes as authorized by this sec-
21 tion. Moneys in the fund shall be invested by the state treasurer in the same
22 manner as provided under section 67-1210, Idaho Code, with respect to other
23 idle moneys in the state treasury. Interest earned on the investments shall be
24 credited to the school district building account.
25 SECTION 11. That Section 33-1017, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 33-1017. SCHOOL SAFETY AND HEALTH REVOLVING LOAN AND GRANT FUND. (1) Fund
28 created. There is hereby created a fund in the state treasury to be known as
29 the school safety and health revolving loan and grant fund to which shall be
30 credited all moneys that may be appropriated, apportioned, allocated and paid
31 back to that fund. Moneys in this fund shall be used exclusively as provided
32 in this section, except that moneys in this fund shall be returned to the bud-
33 get stabilization fund as provided in this section.
34 (2) Approval of loan or grant. A school district that does not have the
35 financial resources to abate unsafe or unhealthy conditions identified pursu-
36 ant to section 33-1613, Idaho Code, and which is eligible to seek additional
37 funds under subsection (5)(b)(ii) of section 33-1613, Idaho Code, may apply to
38 the state treasurer for a loan and, if eligible, a grant from the safety and
39 health revolving loan and grant fund. A school district that has borrowed
40 money from the Idaho safe school facilities loan program may apply for a grant
41 of interest from the safety and health revolving loan and grant fund. The loan
42 or grant shall be approved if the school district's application meets the cri-
43 teria of section 33-1613, Idaho Code, and of this section. If the board of
44 examiners finds that existing and anticipated loans or grants under this sec-
45 tion have depleted the school safety and health revolving loan and grant fund
46 to an extent that the fund does not have available sufficient moneys to loan
47 to an eligible school district, the board of examiners shall declare that
48 additional loans may be made from the budget stabilization fund in section
49 57-814, Idaho Code, up to any limits of the use of that fund provided by stat-
50 ute or declared by the governor in time of general revenue shortfalls or major
51 disaster.
52 (3) Conditions of loan or grant -- Repayment of loan.
53 (a) The school district's application shall identify the unsafe or
20
1 unhealthy conditions that would be abated with the proceeds of the loan or
2 grant and, if a loan, shall propose a method of and timetable for abating
3 those conditions and for repaying the loan.
4 (b) The state treasurer shall review the application to determine whether
5 the application is for abatement of unsafe or unhealthy conditions as
6 described in section 33-1613, Idaho Code, and to determine whether the
7 estimated costs of abatement and proposed plan of abatement is are reason-
8 able. In reviewing the application, the state treasurer may call upon the
9 assistance of the state division of building safety, the state fire mar-
10 shal, the state department of administration, the state board of educa-
11 tion, the state department of education, or other knowledgeable persons to
12 determine whether conditions identified to be abated meet the criteria of
13 section 33-1613, Idaho Code, and to determine whether the plan of abate-
14 ment, estimated costs of abatement and proposed methods of abatement are
15 reasonable. The state treasurer shall process the application for a loan
16 or grant within thirty-five (35) days after its receipt.
17 (i) If the state treasurer determines that the application has not
18 identified unsafe or unhealthy conditions as described in section
19 33-1613, Idaho Code, the state treasurer shall return the application
20 with a written statement that contains reasons why the loan or grant
21 application does not meet the criteria of this section and of section
22 33-1613, Idaho Code.
23 (ii) If the state treasurer determines that the application has
24 identified unsafe or unhealthy conditions as described in section
25 33-1613, Idaho Code, the state treasurer shall then determine whether
26 the application has proposed reasonable methods of and reasonable
27 estimates of costs of abatement. The state treasurer shall approve
28 the plan of abatement if the school district has proposed a reason-
29 able method of abatement and if its estimated costs of abatement are
30 reasonable; otherwise, the state treasurer shall return the applica-
31 tion with a written statement how the application can be amended to
32 qualify.
33 (c) If the application is for a loan, the state treasurer may accept the
34 school district's proposed method of and timetable for repaying the loan
35 or may impose reasonable alternative or substitute methods of and timeta-
36 bles for repayment consistent with this subsection, which alternative or
37 substitute methods shall be binding on the school district. At a minimum,
38 the school district shall be required to repay in each fiscal year suc-
39 ceeding the year of the loan an amount no less than the lottery proceeds
40 that the school district would otherwise receive for that fiscal year and
41 additional foundation support moneys, if any, accruing as a result of an
42 initial overestimation of state average daily attendance support units and
43 later distribution of residual amounts resulting from fewer support units
44 than originally estimated. The loan shall provide for the school safety
45 and health revolving loan and grant fund, or the budget stabilization
46 fund, to the extent that it was the source of the loan, to intercept the
47 lottery proceeds that would otherwise go to the school district until the
48 loan is fully repaid. In addition, the state treasurer may impose reason-
49 able fiscal conditions on the school district during the term of loan
50 repayment including, but not limited to, restrictions in use of otherwise
51 unrestricted school district moneys to assist in repayment of the loan or
52 in abatement of unsafe or unhealthy conditions, the declaration of a
53 financial emergency during some or all of the term of repayment of the
54 loan, or interception by the school safety and health revolving loan and
55 grant fund of a portion of the state foundation program payments under
21
1 chapter 10, title 33, Idaho Code, that would otherwise go to the school
2 district to repay the loan. The initial term of the loan shall not exceed
3 ten (10) years, but may be extended in the state treasurer's discretion
4 for another ten (10) years.
5 (d) If a loan is approved, the state treasurer shall establish a line of
6 credit for the school district and monthly reimburse the school district
7 for costs incurred to abate the unsafe or unhealthy conditions identified
8 as the reason for the loan. The state treasurer may prescribe forms and
9 procedures for administration of this line of credit.
10 (e) A school district may repay its loan or any portion of its loan in
11 advance at any time without penalty.
12 (4) Interest. Loans to school districts under this section shall bear
13 interest at the average rate of interest that would be available to the state
14 treasury were the loan funds retained in the state treasury, as determined by
15 the state treasurer.
16 (5) Certification of loan funds spent. If a school district obtains a
17 loan pursuant to this section, the board of trustees shall certify the total
18 expenditures of loaned funds that were actually spent to abate unsafe and
19 unhealthy conditions.
20 (6) Excess funds. If any funds loaned pursuant to this section were not
21 spent on abatement of unsafe and unhealthy conditions, they must be returned
22 to the school safety and health loan and grant fund or the budget stabiliza-
23 tion fund, as the case may be. This subsection shall be judicially enforceable
24 by the state treasurer, and any amounts due for repayment under this subsec-
25 tion may be recovered by offset from state foundation program moneys that
26 would otherwise be paid to the school district.
27 (7) Eligibility for grant. After complying with the provisions of section
28 33-1613, Idaho Code, school districts that borrow money from the Idaho safe
29 schools facilities loan program pursuant to section 33-804A, Idaho Code, or
30 that refinance through the Idaho safe schools facilities loan program loans
31 for money borrowed under this section or that finance abatement of unsafe and
32 unhealthy conditions through indebtedness pursuant to chapter 11, title 33,
33 Idaho Code, may apply for a grant from the school safety and health revolving
34 loan and grant fund to pay for eligible interest costs incurred on loan pro-
35 ceeds used to abate unsafe and unhealthy conditions. If the school district's
36 application for a grant is accepted, then the school district will qualify for
37 a grant of the present value of the qualifying percentage of the interest
38 costs of the loan associated with abating unsafe and unhealthy conditions as
39 follows:
40 (a) If the school district is participating in the Idaho safe schools
41 facilities loan program, within seven (7) days after the approved school
42 district receives loan proceeds from the Idaho safe schools facilities
43 loan fund, the state treasurer shall provide funds to the school district
44 in the amount of the qualifying percentage of the present value of the
45 interest costs associated with abating unsafe and unhealthy conditions.
46 (b) If a school district has obtained a loan from the school health and
47 safety revolving loan and grant fund and has refinanced its loan through
48 the Idaho safe schools facilities program and prepays the outstanding
49 principal of its loan, the school district shall be eligible for a grant
50 of the qualifying percentage of the present value of the outstanding
51 interest costs associated with the prepaid principal.
52 (c) If the school district has financed the abatement of unsafe or
53 unhealthy conditions through indebtedness pursuant to chapter 11, title
54 33, Idaho Code, within seven (7) days after the school district receives
55 bond proceeds, the state treasurer shall provide funds to the school dis-
22
1 trict in the amount of the qualifying percentage of the present value of
2 the interest costs associated with abating unsafe and unhealthy condi-
3 tions.
4 (8) Present value. The present value of the interest costs associated
5 with money borrowed under the Idaho safe schools facilities loan program shall
6 be calculated by the state treasurer using a method of equal annual loan pay-
7 ments and a discount rate of the interest rate prescribed in subsection (4) of
8 this section on the date that the school district receives funds from the
9 Idaho safe schools facilities loan fund. The present value of the unpaid
10 interest costs for principal prepayments to the school safety and health
11 revolving loan and grant fund shall be calculated by the state treasurer by
12 summing the unpaid interest that would be paid without the principal prepay-
13 ment and discounting it at the interest rate prescribed in subsection (4) of
14 this section on the date that the treasurer receives the prepayment. The pres-
15 ent value of the interest costs associated with money borrowed by a school
16 district in a bond issue shall be calculated by the state treasurer using the
17 school district's actual schedule for making interest payments on the bonds
18 and discounting those interest payments by the interest rate prescribed in
19 subsection (4) of this section on the date that the school district receives
20 funds from the bond issue.
21 (9) Qualifying percentage. The qualifying percentage of the interest
22 costs of a school district applying for a grant of interest under this section
23 shall be determined as follows: For a school district borrowing money under
24 the Idaho safe schools facilities loan program or refinancing a loan made
25 under this section with money borrowed under the Idaho safe schools facilities
26 program or incurring bonded indebtedness for safe and healthy schools, the
27 state treasurer shall express:
28 (a) the total of the bond and plant facilities levies imposed by the
29 school district (including the levy for which the application is made),
30 and
31 (b) the total levies imposed by the school district (including the levy
32 for which the application is made)
33 as a fraction of assessed value for the most recent assessment against which
34 the school district's existing levies are made.
35 The qualifying percentage of interest granted under this section shall be
36 the higher of the amounts shown in the following tables:
37 Table 1 - Bond and Plant Facilities Levies
38 Bond Plus Plant Facilities Levy Qualifying Percentage
39 Less than .0019............................................................10%
40 More than .0019 and less than .0029........................................20%
41 More than .0029 and less than .0039........................................30%
42 More than .0039............................................................40%
43 Table 2 - Total Levies
44 Total Levy Qualifying Percentage
45 Less than .0060.............................................................0%
46 More than .0060 and less than .0072........................................25%
47 More than .0072 and less than .0084........................................50%
48 More than .0084 and less than .0096........................................75%
49 More than .0096...........................................................100%
50 (10) Interest costs for abatement of unsafe and unhealthy conditions. The
51 interest costs for abatement of unsafe and unhealthy conditions shall be cal-
52 culated by determining the percentage of the loan proceeds or prepayment of
53 the loan that will be used to abate unsafe and unhealthy conditions.
54 (11) Procedures. The state treasurer may prescribe forms for applying for
55 a loan or grant under this section. No actions taken under this section are
23
1 contested cases or rulemaking subject to chapter 52, title 67, Idaho Code, and
2 none of the contested case or rulemaking procedures of chapter 52, title 67,
3 Idaho Code, apply to actions taken under this section.
4 (12) The state treasurer's authority to accept applications for and to
5 approve grants of interest from the school safety and health revolving loan
6 and grant fund shall cease on July 1, 2003.
7 SECTION 12. That Section 33-4805, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-4805. RESPONSIBILITIES OF THE COUNCIL -- COUNCIL STAFF. (1) Staff sup-
10 port for the council shall be drawn from the educational segments as recom-
11 mended by the council and approved by the state board of education. The legis-
12 lative intent is to provide broad representation of the various educational
13 segments with the council staff.
14 (2) The council shall have the following responsibilities:
15 (a) Develop and maintain a statewide education technology plan to provide
16 seamless education in Idaho. Such plan shall be subject to annual review
17 and approval by the state board of education.
18 (b) Make recommendations to the state board of education on educational
19 technology and telecommunications plans, policies, programs and activities
20 for all educational segments.
21 (c) Subject to the approval of the state board of education, administer
22 and develop standards and criteria for the public school technology grants
23 program provided for in section 33-4806, Idaho Code.
24 (d) Ensure that the policies set by the information technology resource
25 management council are followed in accordance with sections 67-5745B3504B
26 and 67-5745C3504D, Idaho Code, in implementing educational technology pro-
27 grams pursuant to this chapter.
28 (e) Collaborate with all educational segments, as well as with profes-
29 sional education associations and businesses, in recommending priorities
30 for funding and in identifying needs for technology use in education.
31 (f) Recommend to the state board of education, standards and procedures
32 for the administration of this act chapter, including, but not limited to,
33 standards for technology-based resources, projects, programs, practices or
34 products to be adopted or adapted, and standards and criteria by which to
35 evaluate the technology-based programs. In addition, the council shall
36 recommend exemplary programs, practices, or products based on the criteria
37 established in this subsection.
38 (g) Recommend priorities for uses of educational technology.
39 (h) Work with representatives of the governing bodies of the educational
40 segments to develop recommendations or strategies for the coordination,
41 administration, and evaluation of educational technology programs and
42 resources.
43 (i) Work with representatives of the governing bodies of the educational
44 segments to identify strategies to coordinate statewide voice, video, and
45 data telecommunications systems that may be accessed by the educational
46 segments.
47 (j) To review, evaluate and build upon the educational technology proj-
48 ects in public schools funded through other state initiatives.
49 (k) To form such subcommittees or task forces as it deems necessary to
50 review matters pertaining to a particular educational segment or to any
51 other issues before the council.
52 SECTION 13. That Section 33-5509, Idaho Code, be, and the same is hereby
24
1 amended to read as follows:
2 33-5509. DIGITAL LEARNING ACADEMY A STATE DEPARTMENT FOR PURPOSES OF RISK
3 MANAGEMENT. For risk management purposes, the Idaho digital learning academy
4 shall be considered a state department for purposes of risk management pursu-
5 ant to chapter 57, title 67, Idaho Code, and the department of administration
6 division of general services shall treat it as such.
7 SECTION 14. That Section 36-1109, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 36-1109. CONTROL OF DAMAGE BY BLACK BEARS OR MOUNTAIN LIONS -- COMPENSA-
10 TION FOR DAMAGE. (a) Prevention of depredation shall be a priority management
11 objective of the department, and it is the obligation of landowners to take
12 all reasonable steps to prevent property loss from black bears or mountain
13 lions or to mitigate damage by such. The director, or his representative, will
14 consult with appropriate land management agencies and landusers before trans-
15 planting or relocating any black bear or mountain lion.
16 (b) When any black bear or mountain lion has done damage to or is
17 destroying livestock on public, state, or private land, whether owned or
18 leased, or when any black bear has done damage to or is destroying berries or
19 honey on private land, the owner or his representative of such livestock
20 shall, for the purposes of filing a claim, report such loss to a representa-
21 tive of the U.S. department of agriculture animal plant and health inspection
22 services/animal damage control (APHIS/ADC) who shall, within seventy-two (72)
23 hours, investigate the conditions complained of. For purposes of this section,
24 livestock shall be defined as domestic cattle, sheep, and goats. If it appears
25 that the complaint is well founded and livestock, berries or honey of the com-
26 plainant has been damaged or destroyed by such black bear or mountain lion,
27 APHIS/ADC shall so inform the owner or his representative of the extent of
28 physical damage or destruction in question. The owner shall provide the direc-
29 tor or the department's regional office with the APHIS/ADC determination of
30 damages or destruction. The physical damages, without establishing a monetary
31 value thereon, as determined by the APHIS/ADC representative shall be final,
32 and shall be binding upon the owner or his representative and on the depart-
33 ment.
34 (c) Any claim for damages must be in written form, shall be in the form
35 of a claim for damages substantially the same as required in section 6-907,
36 Idaho Code, shall be attested to by the claimant under oath, and the claim
37 shall be for an amount of at least one thousand dollars ($1,000) in damages
38 per occurrence. The department shall prepare and make available suitable forms
39 for claims for damages. Claims may be submitted only for the fiscal year (July
40 1 through June 30) in which they occurred. Any person submitting a fraudulent
41 claim shall be prosecuted for a felony as provided in section 18-2706, Idaho
42 Code.
43 1. Upon receipt by the department, the department shall review the claim,
44 and if approved, pay it as provided in section 36-115, Idaho Code. Failure
45 on the part of the owner or representative to allow on-site access shall
46 negate the claim for damages.
47 2. If the department accepts the claim for damages as submitted by the
48 owner or his representative, the department may approve the claim for pay-
49 ment, or may make a counter offer. If the owner or his representative
50 rejects the department's counter offer, this rejection or refusal must be
51 in writing and submitted within five (5) business days. The value of the
52 damage or destruction will then be determined pursuant to the provisions
25
1 of subsection (b)3. of section 36-1108, Idaho Code, and, in circumstances
2 so provided for by the provisions of subsection (b)3. of section 36-1108,
3 Idaho Code, pursuant to the provisions of subsection (b)4. of section
4 36-1108, Idaho Code. Any claim received by the department under the provi-
5 sions of this section must be processed by the department within sixty
6 (60) calendar days of receipt. If the claim is approved for payment, the
7 claim must be immediately forwarded to the department of administration
8 division of general services for payment. Any damage claim determination
9 by an independent insurance adjuster, accepted by the parties, must be
10 paid by the department division within forty-five (45) days of the deter-
11 mination. If the claim is arbitrated, the arbitration must be completed
12 within one hundred eighty (180) days of filing the claim for such damages.
13 SECTION 15. That Section 39-401, Idaho Code, be, and the same is hereby
14 amended to read as follows:
15 39-401. LEGISLATIVE INTENT. The various health districts, as provided for
16 in this chapter, are not a single department of state government unto them-
17 selves, nor are they a part of any of the twenty (20) departments of state
18 government authorized by section 20, article IV, Idaho constitution, or of the
19 departments prescribed in section 67-2402, Idaho Code.
20 It is legislative intent that health districts operate and be recognized
21 not as state agencies or departments, but as governmental entities whose cre-
22 ation has been authorized by the state, much in the manner as other single
23 purpose districts. Pursuant to this intent, and because health districts are
24 not state departments or agencies, health districts are exempt from the
25 required participation in the services of the purchasing agent division of
26 general services or employee liability coverage, as rendered by the department
27 of administration. However, nothing shall prohibit the health districts from
28 entering into contractural contractual arrangements with the department of
29 administration division of general services, or any other department of state
30 government or an elected constitutional officer, for these or any other ser-
31 vices.
32 It is legislative intent to affirm the provisions of section 39-413, Idaho
33 Code, requiring compliance with the state merit system, and to affirm the par-
34 ticipation of the health districts in the public employee retirement system,
35 pursuant to section 39-426, Idaho Code, chapter 13, title 59, Idaho Code, and
36 chapter 53, title 67, Idaho Code.
37 It is also legislative intent that the matters of location of deposit of
38 health district funds, or the instruments or documents of payment from those
39 funds shall be construed as no more than items of convenience for the conduct
40 of business, and in no way reflect upon the nature or status of the health
41 districts as entities of government.
42 This section merely affirms that health districts created under this chap-
43 ter are not state agencies, and in no way changes the character of those agen-
44 cies as they existed prior to this act.
45 SECTION 16. That Chapter 43, Title 39, Idaho Code, be, and the same is
46 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
47 ignated as Section 39-4309, Idaho Code, and to read as follows:
48 39-4309. APPEALS.
49 (1) (a) There shall be, beginning with the day following receipt of
50 notice of rejection, a period of five (5) working days in which a bidder
51 whose bid was found nonresponsive may appeal such decision to the admin-
26
1 istrator of the division of building safety. A nonresponsive bid, within
2 the meaning of this chapter, is a bid which does not comply with the bid
3 invitation and specifications. The administrator shall:
4 (i) Deny the application;
5 (ii) Reverse the nonresponsiveness decision; or
6 (iii) Appoint a determinations officer to review the record and sub-
7 mit a recommended order to the administrator to affirm or reverse the
8 decision of bid nonresponsiveness.
9 (b) If a determinations officer is appointed, the administrator of the
10 division of building safety shall, upon receipt of a written recommenda-
11 tion from the determinations officer, sustain, modify or reverse the
12 nonresponsive bid decision. An appeal conducted under the provisions of
13 this subsection shall not be considered a contested case and shall not be
14 subject to judicial review under the provisions of chapter 52, title 67,
15 Idaho Code.
16 (2) (a) A responsive bidder may, within five (5) working days following
17 receipt of notice that he is not the lowest responsible bidder, apply to
18 the administrator of the division of building safety for appointment of a
19 determinations officer. The application shall set forth in specific terms
20 the reasons why the intent to award decision is thought to be erroneous.
21 Upon receipt of the application, the administrator shall, within five (5)
22 working days:
23 (i) Deny the application, and such denial shall be considered the
24 final agency decision; or
25 (ii) Reverse the selection decision; or
26 (iii) Appoint a determinations officer to review the record to deter-
27 mine whether the selection of the lowest responsible bidder is cor-
28 rect; or
29 (iv) Appoint a determinations officer with authority to conduct a
30 contested case hearing in accordance with the provisions of chapter
31 52, title 67, Idaho Code.
32 (b) A determinations officer appointed pursuant to subsection (2)(a)(iii)
33 of this section shall inform the administrator by written recommendation
34 whether, in his opinion, the selection of the lowest responsible bidder is
35 correct. The determinations officer in making this recommendation may rely
36 on the documents of record, statements of employees of the state of Idaho
37 participating in any phase of the selection process, and statements of any
38 bidder submitting a bid. A contested case hearing shall not be allowed and
39 the determinations officer shall not be required to solicit statements
40 from any person. Upon receipt of the recommendation from the determina-
41 tions officer, the administrator shall sustain, modify or reverse the
42 decision on the selection of the lowest responsible bidder or the admin-
43 istrator may appoint a determinations officer under subsection (2)(a)(iv)
44 of this section.
45 (c) A determinations officer appointed pursuant to subsection (2)(a)(iv)
46 of this section shall conduct a contested case hearing and, upon conclu-
47 sion of the hearing, shall prepare findings of fact, conclusions of law
48 and a recommended order for the administrator of the division of building
49 safety. A determinations officer appointed pursuant to subsection
50 (2)(a)(iv) of this section may subpoena witnesses and evidence and admin-
51 ister oaths. Upon receipt of the findings of fact, conclusions of law and
52 recommended order, the administrator shall enter a final order sustaining,
53 modifying or reversing the decision on the selection of the lowest
54 responsible bidder.
55 (3) When a complaint is filed pursuant to subsection (1)(a) of this sec-
27
1 tion, no bid may be awarded until the final decision is rendered by the admin-
2 istrator of the division of building safety provided that in all other cases
3 where a determinations officer is appointed by the administrator, the adminis-
4 trator shall have the power to allow the public works contract to be awarded
5 to the successful bidder prior to or after the decision of the determinations
6 officer if he determines such award to be in the best interest of the state.
7 Any determinations officer appointed pursuant to this section shall serve as
8 such only for the duration of unresolved complaints and shall be dismissed
9 upon resolution of all such complaints. The determinations officer shall be
10 guided in his determination by the best interests of the state for both the
11 near future and more extended periods of time. In addition to the powers con-
12 ferred on the determinations officer, the administrator of the division of
13 building safety may: enjoin any activity which violates this chapter; direct
14 that bids be rejected or sustained; direct that specifications be rejected,
15 sustained or modified; and direct further legal action by the attorney general
16 or prosecuting attorney.
17 (4) If a determinations officer is appointed under this section, any bid-
18 der who submitted a responsive bid in the bidding process under review shall
19 have standing to intervene in an appeal from a final order entered in a con-
20 tested case hearing conducted under subsection (2)(a)(iv) of this section.
21 (5) Appeals conducted pursuant to subsection (1) or (2)(a)(i), (ii) or
22 (iii) of this section shall not be considered to be a contested case as that
23 term is defined in the administrative procedure act. An appeal conducted pur-
24 suant to subsection (2)(a)(iv) of this section shall be conducted as a con-
25 tested case according to the provisions of chapter 52, title 67, Idaho Code.
26 SECTION 17. That Section 39-8005, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 39-8005. IDAHO UNIFORM SCHOOL BUILDING SAFETY CODE COMMITTEE CREATED --
29 APPOINTMENT -- TERMS -- QUORUM -- MEETINGS -- COMPENSATION. There is hereby
30 created within the office of the superintendent of public instruction the
31 Idaho uniform school building safety code committee, hereafter referred to as
32 the committee. The committee shall consist of nine eight (98) members and
33 shall include one (1) representative from each of the following: the office of
34 the superintendent of public instruction; the division of building safety; the
35 department of administration; and the insurance industry, appointed by the
36 department of insurance. The governor shall appoint three (3) members as fol-
37 lows: one (1) representative of local school boards; one (1) representative of
38 school superintendents and a chairman, all of whom shall serve at his pleas-
39 ure. The committee shall also include two (2) members of the Idaho legisla-
40 ture, one (1) appointed by the president pro tempore of the senate and one (1)
41 appointed by the speaker of the house of representatives. A majority of the
42 membership of the committee is a quorum. Upon completion of development of the
43 Idaho uniform school safety code provided for in section 39-8006, Idaho Code,
44 the committee shall meet at least annually to review and make any necessary
45 revisions to the Idaho uniform school safety code. Each member of the commit-
46 tee shall be reimbursed for expenses as provided by section 59-509(b), Idaho
47 Code, for each day spent in attendance at meetings of the committee.
48 SECTION 18. That Section 39-8007, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 39-8007. POWERS AND DUTIES OF THE ADMINISTRATOR. (1) The administrator
51 shall enforce the provisions of this chapter in cooperation with the superin-
28
1 tendent of public instruction, the department of administration, and the
2 building code advisory board.
3 (2) The administrator shall promulgate rules necessary to carry out the
4 provisions of this chapter. Such rules shall be promulgated pursuant to the
5 provisions of chapter 52, title 67, Idaho Code.
6 (3) The administrator shall establish a program for the timely review of
7 all public school construction plans as required by section 39-4113(4), Idaho
8 Code.
9 (4) Upon request, the administrator shall provide training to school dis-
10 tricts on the Idaho uniform school building safety code.
11 SECTION 19. That Section 39-8008, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-8008. ADDITIONAL DUTIES OF ADMINISTRATOR -- RIGHT OF INSPECTION --
14 POSTING. (1) The administrator shall have authority under this section to
15 enter all public school facilities covered by this chapter at reasonable times
16 to inspect, on an annual basis, such facilities for compliance with the Idaho
17 uniform school building safety code; provided however, that inspections shall
18 take into account the age of the school facilities and the appropriate codes
19 that would have been in effect at the time of the construction of such facili-
20 ties; provided further, that regardless of the codes in effect at the time of
21 construction, imminent safety hazards found in public school facilities shall
22 be identified and the provisions of this chapter relating to such imminent
23 safety hazards shall apply.
24 (2) If the administrator finds a violation of the Idaho uniform school
25 building safety code that he concludes does not constitute an imminent safety
26 hazard or serious safety hazard, he shall notify in writing the school dis-
27 trict superintendent, principal, board member, or other person in charge. Such
28 notification shall state, in bold print, that the citations for violations or
29 nonconformances constitute recommendations only.
30 (3) If the administrator finds a violation of the Idaho uniform school
31 building safety code that he concludes constitutes a serious safety hazard, he
32 shall immediately issue a written order or notice requiring the school super-
33 intendent, principal, board of trustees or other person in charge to eliminate
34 the condition without delay and within the time specified by the administrator
35 in the notice or order, but not exceeding one (1) year.
36 (4) If the administrator finds a violation of the Idaho uniform school
37 building safety code that he concludes constitutes an imminent safety hazard,
38 he shall immediately notify the department of administration and request that
39 the department of administration designate a licensed professional to indepen-
40 dently evaluate the condition prior to issuing any report under this chapter.
41 The department of administration division of building safety shall, within two
42 (2) working days, designate a licensed professional to independently evaluate
43 the condition identified. That licensed professional shall, within fourteen
44 (14) days, complete its independent evaluation of the condition identified by
45 the administrator and notify the director of the department of administration
46 administrator of the division of building safety of its conclusions. If the
47 administrator determines that the condition constituting an imminent safety
48 hazard could reasonably be expected to cause death or serious physical harm
49 before the evaluation of the department of administration can be completed and
50 before the condition can be eliminated, he shall determine the extent of the
51 area where such condition exists and thereupon shall issue a written order or
52 notice requiring the school district superintendent, principal, board of
53 trustees or other person in charge to cause all persons, except those neces-
29
1 sary to eliminate the condition, to be withdrawn from, and to be restrained
2 from entering, such area pending the evaluation of the department of adminis-
3 tration division of building safety. This order shall be withdrawn if the
4 evaluation of the department of administration does not concur with the admin-
5 istrator that the condition constitutes an imminent safety hazard as could
6 reasonably be expected to cause death or serious physical harm before the con-
7 dition can be eliminated.
8 (5) If the department of administration agrees with the determination of
9 the administrator that a condition identified constitutes an imminent safety
10 hazard, the department of administration shall, within three (3) working
11 days, so notify the administrator in writing.
12 (6) Upon receipt of such notification in writing If the evaluation con-
13 curs that there is an imminent safety hazard, the administrator shall immedi-
14 ately serve, or cause to be served, written notice or order upon the school
15 district superintendent, principal, board of trustees or other person in
16 charge describing the imminent safety hazard. The administrator shall also
17 notify in writing the state superintendent of public instruction of such immi-
18 nent safety hazard. Upon receipt of such written notice or order, the school
19 district superintendent, principal, board of trustees, or other person in
20 charge shall require all changes necessary to eliminate the imminent safety
21 hazard be made, without delay and within the time specified by the administra-
22 tor in the notice or order. If the condition presenting an imminent safety
23 hazard is not corrected within the specified time, or if the administrator
24 determines that the condition constituting such imminent safety hazard could
25 reasonably be expected to cause death or serious physical harm before the con-
26 dition can be eliminated, if he has not previously done so he shall determine
27 the extent of the area where such condition exists and thereupon shall issue
28 an order or notice requiring the school district superintendent, principal,
29 board member, or other person in charge to cause all persons, except those
30 necessary to eliminate the condition, to be withdrawn from, and to be
31 restrained from entering, such area. The school district superintendent, prin-
32 cipal, board member, or other person in charge shall assist the administrator
33 as necessary to post such areas to prevent injury.
34 (76) If the administrator finds a violation of the Idaho uniform school
35 building safety code that he concludes constitutes a serious safety hazard and
36 issues a written order or notice requiring the conditions to be eliminated in
37 not more than one (1) year, and the school superintendent, principal, board of
38 trustees, or other person in charge contests the administrator's finding that
39 the condition is a serious safety hazard, then the school superintendent,
40 principal, board of trustees, or other person in charge shall have fourteen
41 (14) days from the date of the issuance of the administrator's written order
42 or notice to request a hearing to initiate a contested case under chapter 52,
43 title 67, Idaho Code. If a hearing is requested, the superintendent of public
44 instruction shall appoint a hearing officer to consider the contested case.
45 All administrative proceedings under this subsection shall be expedited as
46 necessary to assure that serious safety hazards are eliminated as required by
47 this section if the administrator's initial determination that there was a
48 serious safety hazard is confirmed in the contested case proceedings.
49 (87) The administrator shall monitor the school district's progress in
50 addressing any identified imminent safety hazard or serious safety hazard to
51 ensure that appropriate corrective action was taken. The administrator may
52 extend the time for completing corrective action if he deems necessary.
53 (98) Upon completion of corrective action and verification of such com-
54 pletion by the division of building safety, and the department of administra-
55 tion, the administrator shall provide a report to the state superintendent of
30
1 public instruction, the local superintendent of schools and the chair of the
2 local school board.
3 (109) Annual inspections of public school facilities conducted by the
4 administrator under the provisions of this section shall be funded pursuant to
5 legislative appropriation.
6 SECTION 20. That Section 39-8010, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 39-8010. APPEAL TO BUILDING CODE ADVISORY BOARD. (1) The Idaho building
9 code advisory board shall, within ten (10) days after receipt of notice for an
10 appeal, hear such appeal brought before it by a school district affected by
11 any finding pursuant to this chapter that there exists in a school building a
12 violation of the uniform school building safety code, provided however, that
13 an appeal brought pursuant to this section shall not affect the ability of the
14 administrator to obtain an injunction pursuant to section 39-8009, Idaho Code.
15 Such hearing shall be governed by the provisions of chapter 52, title 67,
16 Idaho Code. Final decisions of the board, other than code interpretations, are
17 subject to judicial review in accordance with the provisions of chapter 52,
18 title 67, Idaho Code.
19 (2) The board shall provide reasonable interpretations of the codes enu-
20 merated in this chapter.
21 (3) Within ten (10) days of the conclusion of the hearing, the board
22 shall render its findings and decisions in writing to the state superintendent
23 of public instruction, the director of the department of administration, the
24 administrator of the division of building safety and the appealing district.
25 SECTION 21. That Section 41-3502, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 41-3502. PROCUREMENT OF OFFICIAL BONDS. (1) Whenever any official surety
28 bond is to be procured, placed, canceled or renewed with respect to any offi-
29 cer, agent or employee of the state of Idaho, or any of its departments,
30 boards, agencies, or institutions, required by law or regulation rule to give
31 surety bond and the premiums on which are payable from funds of the state, the
32 same shall be so procured, placed, canceled or renewed by the administrator of
33 the division of insurance management in the department of administration gen-
34 eral services.
35 (2) The officer, agent, or employee required by law or regulation rule to
36 give such surety bond shall make application therefor to the administrator and
37 the administrator shall procure the same from authorized insurers, or as a
38 surplus line under chapter 12, title 41, Idaho Code, on such basis as he may
39 reasonably deem proper.
40 (3) If any such bond is thereafter to be canceled, modified, or renewed,
41 the officer, agent, or employee involved, or the official having jurisdiction
42 of such agent or employee, shall request the same in writing delivered to the
43 administrator, and the administrator shall promptly attend to such cancella-
44 tion, modification, or renewal.
45 SECTION 22. That Section 41-3503, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 41-3503. PAYMENT OF PREMIUMS. Premiums on surety bonds referred to in
48 section 41-3502, Idaho Code, shall be paid from funds appropriated or avail-
49 able for the officer, department, board, agency, or institution for which the
31
1 same is procured, on claims made by the administrator of the division of
2 insurance management in the department of administration general services
3 accompanied by the requisition of the officer or head of the department,
4 board, agency, or institution, requiring any such insurance or bond.
5 SECTION 23. That Chapter 1, Title 46, Idaho Code, be and the same is
6 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
7 ignated as Section 46-115, Idaho Code, and to read as follows:
8 46-115. TRANSFER AND OPERATION OF MICROWAVE FUNCTION. Any and all public
9 safety and microwave communications equipment, or personal property owned,
10 leased or controlled by the department of administration prior to July 1,
11 2007, and any and all public safety and microwave personnel of and functions
12 provided by the department of administration prior to July 1, 2007, shall be
13 transferred from the department of administration on July 1, 2007, pursuant to
14 this act, to and controlled by the adjutant general and the military division.
15 SECTION 24. That Section 46-713, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 46-713. CONSTRUCTION, EXPANSION AND REHABILITATION OF ARMORIES -- SUPER-
18 VISION BY ADJUTANT GENERAL. The adjutant general is authorized and empowered
19 to provide or secure all plans and specifications for, to let all contracts
20 for, and to have charge of and supervision of the construction, expansion,
21 rehabilitation or conversion of any and all armories as provided in this act,
22 and the powers and duties vested in the adjutant general herein are expressly
23 exempted from the provisions of sections 57-1101 through 57-1107, and section
24 67-5711 39-4305, Idaho Code. The adjutant general is also empowered to exer-
25 cise the authorities set out in section 67-5711B 39-4307, Idaho Code, with
26 respect to emergencies for armories.
27 SECTION 25. That Section 46-714, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 46-714. APPROVAL OF BOARD OF EXAMINERS. No contract in excess of the
30 threshold amount specified for the requirement for formal bids in section
31 67-5711 39-4305, Idaho Code, may be let by the adjutant general until written
32 approval of the same shall be given by the board of examiners.
33 SECTION 26. That Section 46-1203, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 46-1203. PURPOSE. The council will serve as the governing body in
36 affairs of public safety wireless radio interoperable communications for local
37 and private entities and coordinate with the Idaho department of administra-
38 tion, which is responsible for state agency planning, to meet short-range and
39 long-range telecommunications needs as authorized in chapter 57, title 67,
40 Idaho Code military division. The council will promote interagency cooperation
41 and provide support statewide for efficient and effective use of local and
42 private resources to achieve public safety wireless radio interoperable commu-
43 nications for local and private public safety agencies.
44 SECTION 27. That Section 46-1204, Idaho Code, be, and the same is hereby
45 amended to read as follows:
32
1 46-1204. COUNCIL RESPONSIBILITIES. The responsibilities of the council
2 are to:
3 (1) Develop a statewide plan for local and private public safety wireless
4 radio interoperable communications in coordination and cooperation with the
5 Idaho department of administration military division;
6 (2) Develop and adopt standards for local and private public safety wire-
7 less radio interoperable communications in coordination and cooperation with
8 the Idaho department of administration military division;
9 (3) Recommend guidelines and standards for operation for local and pri-
10 vate public safety wireless radio interoperable communications systems in
11 Idaho in coordination and cooperation with the Idaho department of administra-
12 tion military division;
13 (4) Promote coordination and cooperation among local, state, federal and
14 tribal public safety agencies in addressing statewide public safety wireless
15 radio interoperable communications needs in Idaho;
16 (5) Review priorities for statewide public safety wireless radio
17 interoperable communications needs and assist users of the statewide system in
18 the development of projects, plans, policies, standards, priorities and guide-
19 lines for public safety wireless radio interoperable communications in coordi-
20 nation and cooperation with the Idaho department of administration military
21 division;
22 (6) Develop funding recommendations for short-term and long-term system
23 maintenance;
24 (7) Research best practices of other states;
25 (8) Prepare and present a report to the information technology resource
26 management council by December 30 of each year describing the council's acts
27 and achievements of the previous year;
28 (9) Provide recommendations to the governor and the legislature of the
29 state of Idaho, when appropriate, concerning issues related to local and pri-
30 vate statewide public safety wireless radio interoperable communications in
31 Idaho and in accordance with homeland security presidential directives;
32 (10) Report annually to the legislature of the state of Idaho on the
33 planned expenditures for the next fiscal year, the collected revenues and
34 moneys disbursed from the Idaho statewide interoperability communications fund
35 and programs or projects in progress, completed or anticipated;
36 (11) Serve as a conduit for the future allocation of federal grant funds
37 to support the delivery of public safety wireless radio interoperable communi-
38 cations systems directed towards local government and private entities;
39 (12) Enter into contracts with experts and/or consultants as may be neces-
40 sary to carry out the purposes of this chapter and to sue and be sued; and
41 (13) Work in coordination and cooperation with the Idaho emergency commu-
42 nications commission established by section 31-4815, Idaho Code, and the
43 information technology resource management council, established by section
44 67-5745B3504A, Idaho Code.
45 SECTION 28. That Section 46-1211, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 46-1211. COUNCIL MEMBERS. (1) The council members shall be appointed by
48 the governor and shall include at a minimum the representatives of the follow-
49 ing organizations:
50 (a) One (1) representative from the Idaho transportation department;
51 (b) One (1) representative from the Idaho sheriffs' association;
52 (c) One (1) representative from the Idaho chiefs of police association;
53 (d) One (1) representative from the Idaho fire chiefs association;
33
1 (e) One (1) representative from the association of Idaho cities;
2 (f) One (1) representative from the Idaho association of counties;
3 (g) Two (2) representatives from the Idaho military division;
4 (h) One (1) representative from the Idaho department of administration
5 division of financial management;
6 (i) One (1) representative from the Idaho department of correction;
7 (j) One (1) representative from the Idaho state police;
8 (k) One (1) representative from the Idaho department of lands;
9 (l) One (1) representative from the Idaho department of fish and game;
10 (m) One (1) representative from the Idaho department of health and wel-
11 fare;
12 (n) One (1) representative from Idaho tribal government; and
13 (o) Two (2) members at large.
14 (2) Additional voting members will be invited in the following capaci-
15 ties:
16 (a) One (1) liaison from federal law enforcement;
17 (b) One (1) liaison from the United States department of homeland secu-
18 rity transportation security administration;
19 (c) One (1) liaison from the United States department of the interior;
20 and
21 (d) One (1) liaison from the national interagency fire center.
22 SECTION 29. That Section 46-1212, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 46-1212. COUNCIL MEMBER TERMS. (1) Except as provided in this section,
25 members of the council will be appointed for a term of four (4) years.
26 (2) The following five (5) members shall be appointed for an initial term
27 of two (2) years:
28 (a) The member representing the Idaho fire chiefs association;
29 (b) The member representing the Idaho chiefs of police association;
30 (c) The member representing the Idaho sheriffs' association;
31 (d) The member representing the Idaho association of counties; and
32 (e) The member representing the association of Idaho cities.
33 (3) The following four (4) members will be appointed for an initial term
34 of three (3) years:
35 (a) The member representing the Idaho transportation department;
36 (b) The member representing the Idaho department of administration divi-
37 sion of financial management;
38 (c) The member representing the Idaho department of lands; and
39 (d) The member representing the Idaho department of health and welfare.
40 (4) Members of the council shall be compensated as provided in section
41 59-509(b), Idaho Code.
42 (5) New members may be added or members replaced at annual, special or
43 regular council meetings with approval from the office of the governor for the
44 state of Idaho. Upon resignation of a member, the governor may appoint a
45 replacement for the remainder of the vacated term.
46 SECTION 30. That Section 48-508, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 48-508. RECORDS. The secretary of state shall keep for public examination
49 a record of all marks registered or renewed under this act chapter, as well as
50 a record of all documents filed pursuant to section 48-507, Idaho Code, until
51 disposed of in accordance with chapter 57 41, title 67, Idaho Code.
34
1 SECTION 31. That Section 56-1201, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 56-1201. IDAHO STATE INDEPENDENT LIVING COUNCIL -- LEGISLATIVE INTENT.
4 The Idaho state independent living council, as hereby created and as provided
5 for in this chapter, is not a single department of state government unto
6 itself, nor is it a part of any of the twenty (20) departments of state gov-
7 ernment authorized by section 20, article IV, of the constitution of the state
8 of Idaho, or of the departments prescribed in section 67-2402, Idaho Code.
9 It is legislative intent that the Idaho state independent living council
10 operate and be recognized not as a state agency or department, but as a gov-
11 ernmental entity whose creation has been authorized by the state, much in the
12 same manner as other single purpose districts. Pursuant to this intent, and
13 because the Idaho state independent living council is not a state department
14 or agency, the Idaho state independent living council is exempt from the
15 required participation in the services of the state purchasing agent or
16 employee liability coverage, as rendered by the department of administration
17 division of general services. However, nothing shall prohibit the Idaho state
18 independent living council from entering into contractual arrangements with
19 the department of administration division of general services, or any other
20 department of state government or an elected constitutional officer, for these
21 or any other services.
22 It is legislative intent to require compliance with the state merit sys-
23 tem, and to affirm the participation of the Idaho state independent living
24 council in the public employee retirement system, chapter 13, title 59, Idaho
25 Code, and the personnel system, chapter 53, title 67, Idaho Code.
26 It is also legislative intent that the matters of location of deposit of
27 Idaho state independent living council funds, or the instruments or documents
28 of payment from those funds shall be construed as no more than items of conve-
29 nience for the conduct of business, and in no way reflect upon the nature or
30 status of the Idaho state independent living council as an entity of govern-
31 ment.
32 This section merely affirms that the Idaho state independent living coun-
33 cil created under this chapter is not a state agency and in no way changes the
34 character of it as it existed prior to this chapter. The functions previously
35 performed by the state independent living council created by executive order
36 no. 2002-05, are hereby transferred to the Idaho state independent living
37 council pursuant to this chapter.
38 SECTION 32. That Section 57-1105, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 57-1105. APPROPRIATION -- PURPOSE -- LIMITATIONS AND CONDITIONS. All
41 unencumbered and otherwise unappropriated funds now or hereafter placed in the
42 permanent building account fund are hereby perpetually appropriated to the
43 permanent building fund advisory council and the division of public works,
44 subject to the provisions of chapter 57, title 67, Idaho Code building safety.
45 SECTION 33. That Section 58-330, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 58-330. INTEGRATED PROPERTY RECORDS SYSTEM. (1) The department of lands
48 shall maintain a database to centralize the deeds of all fee simple property
49 and encumbrances that are owned by the state in the department's central
50 office. As deeds are collected by the employees or contractors of the depart-
35
1 ment, the deeds will be platted, errors and discrepancies will be identified,
2 researched and resolved and the clean records and plats shall be integrated
3 into a comprehensive geographic information system (GIS) database. The system
4 shall include all property rights, leases and easements for endowment, public
5 trust and other state lands.
6 (2) State owned buildings shall be integrated into the database enumer-
7 ated in subsection (1) of this section in necessary supplemental files. State
8 building leases shall be integrated into the database enumerated in subsection
9 (1) of this section in participation with the division of public works of the
10 department of administration financial management. The department of lands
11 shall integrate various easements, rights-of-way and other nonfee simple prop-
12 erty rights except those held and administered by the Idaho transportation
13 department.
14 (3) The department may promulgate necessary rules to implement the provi-
15 sions of this section.
16 SECTION 34. That Section 59-802, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 59-802. DEFINITIONS. (1) "Administrator" means the administrator of the
19 division of insurance management in the department of administration, as pro-
20 vided by section 67-5760, Idaho Code general services in the executive office
21 of the governor.
22 (2) "Agency" means each department, institution, board, bureau, commis-
23 sion or committee of the government of the state, including state educational
24 institutions, the supreme court and district courts, but does not include any
25 political subdivisions of the state.
26 (3) "Blanket surety bond" means a schedule or blanket corporate surety
27 covering all or any group of public officials or employees of the state or of
28 an individual political subdivision. Any blanket or schedule bond provided,
29 issued in lieu of individual surety bonds, shall contain all terms and condi-
30 tions required for an individual surety bond as herein provided.
31 (4) "Crime insurance" means insurance which indemnifies the assured pub-
32 lic entity against losses from employee dishonesty, losses inside and outside
33 the premises, losses from money orders and counterfeit paper currency, losses
34 from depositors' forgery, and/or generally assures the fidelity and faithful
35 performance of public officials or employees holding positions of public
36 trust. Any crime insurance issued to the state or any of its political subdi-
37 visions, in order to be considered equivalent to the requirements contained in
38 this chapter for surety bonds, must include stipulation by the insurer that
39 such crime insurance coverage is deemed to provide coverage for the terms and
40 responsibilities of public officials and employees as outlined in chapter 8,
41 title 59, Idaho Code.
42 (5) "Political subdivision" means any county, city, municipal corpora-
43 tion, health district, school district, irrigation district, special improve-
44 ment or taxing district, or any other political subdivision or public corpo-
45 ration, or as currently defined in section 6-902(2), Idaho Code. As used in
46 this chapter, the terms "county" and "city" also mean state licensed hospitals
47 and attached nursing homes established by counties pursuant to chapter 36,
48 title 31, Idaho Code, or jointly by cities and counties pursuant to chapter
49 37, title 31, Idaho Code.
50 (6) "Public official or employee" means each elected or appointed officer
51 of the state or a political subdivision of the state and each officer and
52 employee of an agency or a political subdivision.
53 (7) "Surety bond" means a bond or surety issued by a corporate surety
36
1 company authorized to do business in this state in an amount fixed by the
2 administrator or governing body of a political subdivision to an individual
3 public official or employee, which shall be payable to the state or a politi-
4 cal subdivision, and whenever possible, conditioned on honesty and the faith-
5 ful performance of his duties during the employment or term of office and
6 until his successor is elected or appointed and is qualified, and that he will
7 properly account for all money and property received in his official capacity
8 as a public official or as an employee. The bond may contain other terms and
9 conditions deemed appropriate by the administrator or governing body of the
10 political subdivision to protect the state or political subdivision from loss.
11 SECTION 35. That Section 59-904, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 59-904. STATE OFFICES -- VACANCIES, HOW FILLED AND CONFIRMED. (a) All
14 vacancies in any state office, and in the supreme and district courts, unless
15 otherwise provided for by law, shall be filled by appointment by the governor.
16 Appointments to fill vacancies pursuant to this section shall be made as pro-
17 vided in subsections (b), (c), (d), (e), and (f) of this section, subject to
18 the limitations prescribed in those subsections.
19 (b) Nominations and appointments to fill vacancies occurring in the
20 office of lieutenant governor, state controller, state treasurer, superintend-
21 ent of public instruction, attorney general and secretary of state shall be
22 made by the governor, subject to the advice and consent of the senate, for the
23 balance of the term of office to which the predecessor of the person appointed
24 was elected.
25 (c) Nominations and appointments to and vacancies in the following listed
26 offices shall be made or filled by the governor subject to the advice and con-
27 sent of the senate for the terms prescribed by law, or in case such terms are
28 not prescribed by law, then to serve at the pleasure of the governor:
29 Director of the department of administration,
30 Director of the department of finance,
31 Director of the department of insurance,
32 Director, department of agriculture,
33 Director of the department of water resources,
34 Director of the Idaho state police,
35 Director of the department of commerce and labor,
36 Director of the department of environmental quality,
37 Director of the department of juvenile corrections,
38 Executive director of the commission of pardons and parole,
39 The state historic preservation officer,
40 The administrator of the division of human resources,
41 Member of the state tax commission,
42 Members of the board of regents of the university of Idaho and the state
43 board of education,
44 Members of the Idaho water resources board,
45 Members of the state fish and game commission,
46 Members of the Idaho transportation board,
47 Members of the state board of health and welfare,
48 Members of the board of environmental quality,
49 Members of the board of directors of state parks and recreation,
50 Members of the board of correction,
51 Members of the industrial commission,
52 Members of the Idaho public utilities commission,
53 Members of the Idaho personnel commission,
37
1 Members of the board of directors of the Idaho state retirement system,
2 Members of the board of directors of the state insurance fund,
3 Members of the commission of pardons and parole.
4 (d) Appointments made by the state board of land commissioners to the
5 office of director, department of lands, and appointments to fill vacancies
6 occurring in those offices shall be submitted by the president of the state
7 board of land commissioners to the senate for the advice and consent of the
8 senate in accordance with the procedure prescribed in this section.
9 (e) Appointments made pursuant to this section while the senate is in
10 session shall be submitted to the senate forthwith for the advice and consent
11 of that body. The appointment so made and submitted shall not be effective
12 until the approval of the senate has been recorded in the journal of the sen-
13 ate. Appointments made pursuant to this section while the senate is not in
14 session shall be effective until the appointment has been submitted to the
15 senate for the advice and consent of the senate. Should the senate adjourn
16 without granting its consent to such an interim appointment the appointment
17 shall thereupon become void and a vacancy in the office to which the appoint-
18 ment was made shall exist.
19 All appointments made pursuant to subsection (c) of this section, except
20 those appointments for which a term of office is fixed by law, shall terminate
21 at the expiration of any gubernatorial term. Appointments to fill the vacan-
22 cies thus created by the expiration of the term of office of the governor
23 shall be forthwith submitted to the senate for the advice and consent of that
24 body, and when so submitted shall be as expeditiously considered as possible.
25 Upon receipt of an appointment in the senate for the purpose of securing
26 the advice and consent of the senate, the appointment shall be referred by the
27 presiding officer to the appropriate committee of the senate for consideration
28 and report prior to action thereon by the full senate.
29 (f) It is the intent of the legislature that the provisions of this sec-
30 tion as amended by this chapter shall not apply to appointments which have
31 been made prior to the effective date of this chapter. It is the further
32 intent of the legislature that the provisions of this section shall apply to
33 the offices listed in this section and to any office created by law or execu-
34 tive order which succeeds to the powers, duties, responsibilities and authori-
35 ties of any of the offices listed in subsections (c) and (d) of this section.
36 SECTION 36. That Section 59-1205, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 59-1205. POSITION OF PERSONNEL GROUP INSURANCE ADMINISTRATOR BUREAU CHIEF
39 CREATED -- APPOINTMENT. (1) There is hereby created in the department of
40 administration division of general services the position of personnel group
41 insurance administrator bureau chief insurance manager. The personnel group
42 insurance administrator bureau chief insurance manager shall be director of
43 the department of administration appointed by the administrator of the divi-
44 sion of general services, or his designee who shall be directly responsible to
45 the director of the department administrator. The administrator shall not be
46 subject to the provisions of chapter 53, title 67, Idaho Code. The administra-
47 tor may employ and fix the compensation of such additional personnel, and of
48 the division of general services may contract for such professional or techni-
49 cal services or assistance, as may be reasonably necessary for fulfillment of
50 the responsibilities of the administrator.
51 (2) For the purposes of the act, "administrator" means the personnel
52 group insurance administrator.
38
1 SECTION 37. That Section 61-1205, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 61-1205. OFFICE -- TECHNICAL ASSISTANCE. (1) The office of the council
4 members shall be in Ada county. The department of administration division of
5 general services shall furnish suitable office space for council members and
6 staff and the department division shall be reimbursed for such office space at
7 the rates applicable to state agencies.
8 (2) Subject to available resources, state agencies may provide technical
9 assistance to council members upon request. State agencies providing technical
10 assistance shall be reimbursed in full for all costs incurred in providing
11 such assistance.
12 SECTION 38. That Section 63-2520, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 63-2520. DISTRIBUTION OF MONEYS COLLECTED. Revenues received from the
15 taxes imposed by this chapter, and any revenues received from licenses, per-
16 mits, penalties, interest, or deficiency additions, shall be distributed by
17 the tax commission as follows:
18 (a) An amount of money shall be distributed to the state refund account
19 sufficient to pay current refund claims. All refunds authorized under this
20 chapter by the commission shall be paid through the state refund account, and
21 those moneys are continuously appropriated.
22 (b) On and after July 1, 2005, the balance remaining with the state trea-
23 surer after deducting the amount described in subsection (a) of this section
24 shall be distributed as follows:
25 (1) 17.3% of such balance shall be distributed to the permanent building
26 fund created by section 57-1108, Idaho Code.
27 (2) 0.4% of such balance shall be distributed to the central tumor regis-
28 try account. The amount of money so distributed to the central tumor reg-
29 istry account shall not exceed the fiscal year's appropriation, and at
30 such time as the appropriation has been distributed to the central tumor
31 registry account during any fiscal year, all such distributions in excess
32 of the appropriation shall be made instead to the general fund of the
33 state of Idaho.
34 (3) 1% of such balance shall be distributed to the cancer control account
35 created by section 57-1702, Idaho Code. Revenues received in the cancer
36 control account shall be paid over to the state treasurer by the state tax
37 commission to be distributed as follows:
38 (i) Such amounts as are appropriated for purposes specified in sec-
39 tion 57-1702, Idaho Code, shall be expended as appropriated;
40 (ii) Any balance remaining in the cancer control account on June 30
41 of any fiscal year after the amounts withdrawn by appropriation have
42 been deducted, shall be reserved for transfer to the general fund on
43 July 1 and the state controller shall order such transfer.
44 (4) An amount equal to the annual general fund appropriation for bond
45 levy equalization, pursuant to section 33-906, Idaho Code, shall be annu-
46 ally distributed to the general fund.
47 (5) All remaining moneys shall be distributed as follows: For the fiscal
48 year commencing July 1, 2005, and ending June 30, 2006, all moneys shall
49 be distributed to the economic recovery reserve fund created by section
50 67-3520, Idaho Code. For fiscal years on and after July 1, 2006, all
51 moneys shall be distributed to the permanent building fund with the moneys
52 to be used for the repair, remodel and restoration of the state capitol
39
1 building and state facilities pertaining to the capitol restoration until
2 such time as the capitol restoration is adequately funded as certified by
3 the director of the department of administration administrator of the
4 division of building safety. Thereafter all moneys shall be distributed to
5 the economic recovery reserve fund created by section 67-3520, Idaho Code.
6 SECTION 39. That Section 67-455, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-455. GOVERNOR'S HOUSING COMMITTEE -- GOVERNOR'S RESIDENCE FUND. (1)
9 There is hereby created the governor's housing committee consisting of five
10 (5) appointed members. The following public officials shall each appoint one
11 (1) member to serve on the committee: the president pro tempore of the senate,
12 the speaker of the house of representatives, the minority leader of the senate
13 and the minority leader of the house of representatives and the director of
14 the department of administration administrator of the division of building
15 safety. Members of the committee shall serve at the pleasure of the appointing
16 public official or his successor.
17 (2) There is hereby created the governor's residence fund. All moneys in
18 or added to the governor's residence fund and any dividend or interest earn-
19 ings thereon are hereby perpetually appropriated to the department of adminis-
20 tration division of building safety and set apart for the purposes of provid-
21 ing a governor's housing allowance and the acquisition, construction, remodel,
22 furnishing, equipping or maintenance of a governor's residence and the same
23 shall be available for such purposes immediately upon being credited to the
24 account fund, upon authorization for expenditure being given by the governor's
25 housing committee. Upon the direction of the committee, the department shall
26 use moneys in the account fund for any purpose related to a governor's housing
27 allowance or the acquisition, construction, remodel, furnishing, equipping or
28 maintenance of a governor's residence. The net proceeds from any sale or
29 rental of a governor's residence, or any property related thereto, and of any
30 cash or cash-equivalent donation made to the committee, shall be returned to
31 the governor's residence fund.
32 SECTION 40. That Section 67-455A, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 67-455A. COMMITTEE MAY ACQUIRE AND DISPOSE OF PROPERTY. (1) The gover-
35 nor's housing committee may accept grants, gifts or donations of any kind from
36 any private or public source related to the acquisition, construction,
37 remodel, furnishing, equipping or maintenance of a governor's residence.
38 (2) The governor's housing committee may acquire real property for pur-
39 poses related to a governor's residence. Any real property acquired by the
40 governor's housing committee shall be titled in the name of the state of Idaho
41 for the benefit of the governor's housing committee and shall be administered
42 by the department of administration division of building safety on behalf of
43 and for the benefit of the governor's housing committee. The governor's hous-
44 ing committee may sell such real property by public, private or negotiated
45 sale, exchange, donation or by any other means and may rent a governor's resi-
46 dence and any furnishings and equipment related thereto, as the committee may
47 deem appropriate and prudent. Any real property acquired hereunder shall not
48 be subject to sections 58-331 through 58-335, Idaho Code, relating to surplus
49 real property as the same may now exist or as the same may be amended from
50 time to time. Any sale or disposal of such real property shall not require the
51 reservation to the state of mineral or other rights in the real property.
40
1 (3) The governor's housing committee may acquire personal property for
2 the purpose of remodeling, furnishing, equipping or maintaining a governor's
3 residence. Any personal property acquired by the governor's housing committee
4 shall be the property of the state of Idaho held for the benefit of the gover-
5 nor's housing committee and shall be administered on behalf of the governor's
6 housing committee by the department of administration division of building
7 safety. The governor's housing committee may dispose of any personal property
8 acquired hereunder by any means as the committee may deem appropriate and pru-
9 dent and such disposal shall not be subject to section 67-5732A, Idaho Code,
10 relating to surplus personal property, as the same exists or may be amended
11 from time to time.
12 (4) The governor's housing committee may acquire and contract for ser-
13 vices related to the acquisition, construction, remodel, furnishing, equipping
14 or maintenance of a governor's residence. Notwithstanding any other law to the
15 contrary, the acquisition, construction, remodel, furnishing, equipping or
16 maintenance of a governor's residence shall not be considered public works and
17 shall not be subject to any laws related to public works of the state of
18 Idaho. Notwithstanding any other law to the contrary, the governor's housing
19 committee shall not be subject to the purchasing laws for state agencies pro-
20 vided in chapter 57, title 67, Idaho Code.
21 (5) Notwithstanding the provisions of sections 18-1359(1)(d), 18-2705,
22 58-112, 59-201, 59-202 and 67-5726, Idaho Code, or any other provision of law,
23 an incumbent governor shall not be deemed prohibited from purchasing real or
24 personal property acquired hereunder, and any such purchase shall be valid for
25 all purposes. Insofar as the provisions of this section are inconsistent with
26 the provisions of any other law, general, specific or local, the provisions of
27 this section shall be controlling.
28 (6) This section shall apply to all real and personal property acquired
29 pursuant to this section or section 67-455, Idaho Code, before or after the
30 effective date of this section.
31 SECTION 41. That Section 67-1602, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 67-1602. IDAHO STATE CAPITOL -- ALLOCATION AND CONTROL OF SPACE. The
34 space within the interior of the capitol building shall be allocated and con-
35 trolled as follows:
36 (1) Public space. The interior within the rotunda, the hallways on the
37 first and second floors, the restrooms located adjacent thereto, the eleva-
38 tors, the stairways between the first, second, third and fourth floors
39 (excepting the interior stairways between the third and fourth floors within
40 the legislative chambers), shall be space within the capitol building open to
41 the public ("public space"). Subject to this chapter, the director of the
42 department of administration administrator of the division of general services
43 shall maintain all public space.
44 (2) Executive department. The governor shall determine the use and allo-
45 cate the space within the first and second floors. The director of the depart-
46 ment of administration administrator of the division of general services shall
47 maintain such space.
48 (3) Legislative department. The legislative department shall determine
49 the use of the space on the third and fourth floors as well as the basement.
50 All space within the third and fourth floors and the basement shall be allo-
51 cated by the presiding officers of the senate and house of representatives.
52 The presiding officers shall maintain such space and provide equipment and
53 furniture thereto, provided however, that the presiding officers may contract
41
1 with the director of the department of administration administrator of the
2 division of general services to maintain such space and provide equipment and
3 furniture thereto.
4 SECTION 42. That Section 67-1603, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 67-1603. IDAHO STATE CAPITOL -- EXTERIOR -- GROUNDS -- SYSTEMS. The
7 director of the department of administration administrator of the division of
8 general services shall have exclusive control of the exterior, grounds and
9 systems of the capitol building. The director administrator of the division of
10 general services, in consultation with the governor, the presiding officers of
11 the legislature and the commission created by this chapter, shall have exclu-
12 sive authority to equip, maintain, and operate such exterior, grounds and sys-
13 tems. For the purposes of this section, "systems" means electrical, HVAC
14 (heating, ventilating, air-conditioning) and telecommunication systems used in
15 the capitol building.
16 SECTION 43. That Section 67-1604, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 67-1604. IDAHO STATE CAPITOL -- ACCESS AND USE. The director of the
19 department of administration administrator of the division of general services
20 may promulgate rules, pursuant to chapter 52, title 67, Idaho Code, governing
21 access to and use by the public of the capitol building and its grounds. In
22 determining whether to promulgate rules and in the promulgation of any rules,
23 the director administrator shall consult with the governor, the presiding
24 officers of the senate and house of representatives and the commission created
25 by this chapter.
26 SECTION 44. That Section 67-1605, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 67-1605. LAW ENFORCEMENT AND SECURITY. Responsibility for law enforcement
29 at the capitol building is vested in the director of the Idaho state police.
30 In coordination with the director of the Idaho state police, Ada Ccounty and
31 Boise Ccity are granted jurisdiction to enforce the laws of the state of Idaho
32 and the ordinances of Ada Ccounty and Boise Ccity for the capitol building.
33 The director of the department of administration, or his designee, administra-
34 tor of the division of general services shall be responsible for security in
35 the capitol building and has the authority to contract with private contrac-
36 tors to provide security for persons and property in the capitol building.
37 SECTION 45. That Section 67-1606, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 67-1606. IDAHO STATE CAPITOL COMMISSION -- CREATION AND APPOINTMENT OF
40 MEMBERS. (1) There is hereby created within the department of administration
41 division of building safety the Idaho state capitol commission, hereafter
42 referred to as the commission. The commission shall consist of nine (9) mem-
43 bers, six (6) of whom shall be public members. The public members shall be
44 appointed as follows: four (4) members shall be appointed by the governor, one
45 (1) member shall be appointed by the president pro tempore of the senate and
46 one (1) member shall be appointed by the speaker of the house of representa-
47 tives. Public members shall serve at the pleasure of the appointing authority,
42
1 or for a term of five (5) years, whichever is shorter. The terms of initial
2 public members shall expire as designated by the governor at the time of
3 appointment: One (1) at the end of one (1) year; one (1) at the end of two (2)
4 years; one (1) at the end of three (3) years; one (1) at the end of four (4)
5 years; and two (2) at the end of five (5) years. A vacancy during the term of
6 a public member shall be filled by the appointing authority for that member.
7 The chairman of the commission shall be appointed by the governor from among
8 the public members of the commission.
9 (2) The additional three (3) commission members shall be the director of
10 the department of administration administrator of the division of building
11 safety, the director of the Idaho state historical society, and the director
12 of the office of legislative services, who shall serve as ex officio, voting
13 members of the commission during their respective terms of office. The direc-
14 tor of the department of administration administrator of the division of
15 building safety shall serve as secretary of the commission.
16 (3) The governor, the president pro tempore of the senate and the speaker
17 of the house may, at their discretion, serve as ex officio, nonvoting members
18 of the commission.
19 SECTION 46. That Section 67-1608, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 67-1608. POWERS AND DUTIES OF THE COMMISSION. The commission shall have
22 the following powers and duties:
23 (1) In consultation with the director of the department of administration
24 administrators of the division of building safety and the division of general
25 services, to develop a comprehensive, multiyear, master plan ("master plan")
26 for the restoration and refurbishment of the capitol building and to review
27 periodically, and, as appropriate, to amend and modify the plan. The master
28 plan shall address long-range modifications and improvements to the capitol
29 building and its grounds.
30 (2) To develop and implement a program to fund the master plan. The pro-
31 gram shall include recommendations to the legislature for appropriating public
32 moneys as well as a comprehensive strategy to obtain moneys from the private
33 sector.
34 (3) To review all proposals to reconstruct, redecorate or restore all
35 space within the capitol building. All such projects shall be in conformance
36 with the master plan and may not be implemented without the written consent of
37 the commission.
38 (4) To review all proposals involving objects of art, memorials, statues,
39 or exhibits to be placed on a permanent or temporary basis in public space
40 within the capitol building or on its grounds. All proposals shall be in con-
41 formance with the master plan and may not be implemented without the written
42 consent of the commission.
43 (5) To identify all furniture original to the capitol building and create
44 an inventory of the original furniture. The possession of all original furni-
45 ture used within the public and executive department space shall be retained
46 by the director of the department of administration state historical society.
47 The possession of all original furniture used by the legislative department
48 shall be retained by the presiding officers of the senate and house of repre-
49 sentatives. All original furniture is the property of the state of Idaho and
50 shall remain in the capitol building at all times.
51 (6) For the purpose of promoting interest in the capitol building and
52 obtaining funds to enhance the preservation of original and historic elements
53 of the capitol building and its grounds, to develop and implement a plan for
43
1 the publishing and sale of publications on the history of the capitol building
2 and to develop other capitol building memorabilia for sale to the public.
3 (7) To solicit gifts, grants or donations of any kind from any private or
4 public source to carry out the purposes of this chapter. All gifts, grants or
5 donations received directly by the commission shall be transmitted to the
6 state treasurer who shall credit the same to the capitol endowment fund cre-
7 ated by this chapter.
8 (8) To request necessary assistance from all state agencies and the pre-
9 siding officers of the senate and house of representatives in performing its
10 duties pursuant to this chapter.
11 (9) To enter into agreements with tax-exempt nonprofit organizations for
12 the purpose of assisting the commission in the performance of its duties under
13 this chapter, including agreements for the establishment and maintenance of
14 community foundation funds dedicated to the purposes of this chapter.
15 (10) To appoint and contract with the architect of the capitol building as
16 provided by this chapter.
17 SECTION 47. That Section 67-1609, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 67-1609. ARCHITECT OF THE CAPITOL BUILDING. The architect of the capitol
20 building shall be appointed by the commission and serve at its pleasure. The
21 architect of the capitol building must be accredited to practice in the state
22 of Idaho and shall be selected upon the basis of his professional knowledge
23 and qualifications related to the preservation and restoration of historic
24 structures. The architect of the capitol building shall assist the commission,
25 upon the commission's request, in the performance of its duties pursuant to
26 this chapter. The architect of the capitol building shall not be an employee
27 of the state of Idaho but shall be compensated as are other consulting archi-
28 tects retained by the department of administration division of building
29 safety, division office of public works. Such compensation shall be made from
30 funds appropriated from the capitol endowment income fund created by this
31 chapter.
32 SECTION 48. That Section 67-2319, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 67-2319. PURCHASING PRODUCTS OF REHABILITATION FACILITIES. Products which
35 are manufactured by and services which are provided for nonprofit corporations
36 and public agencies operating rehabilitation facilities serving the handi-
37 capped and disadvantaged and offered for sale at the fair market price as
38 determined by the administrator of the division bureau of purchasing which
39 meet the specific requirement for such products may be procured by the state
40 agencies or departments or any political subdivision of the state from such
41 nonprofit corporations or public agencies without advertising or calling for
42 bids.
43 SECTION 49. That Section 67-2402, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 67-2402. STRUCTURE OF THE EXECUTIVE BRANCH OF IDAHO STATE GOVERNMENT. (1)
46 Pursuant to section 20, article IV, Idaho constitution, all executive and
47 administrative offices, agencies, and instrumentalities of the executive
48 department of state, except for those assigned to the elected constitutional
49 officers, are allocated among and within the following departments:
44
1 Department of administration
2 Department of agriculture
3 Department of commerce and labor
4 Department of correction
5 Department of environmental quality
6 Department of finance
7 Department of fish and game
8 Department of health and welfare
9 Department of insurance
10 Department of juvenile corrections
11 Idaho transportation department
12 Industrial commission
13 Department of lands
14 Idaho state police
15 Department of parks and recreation
16 Department of revenue and taxation
17 Department of self-governing agencies
18 Department of water resources
19 State board of education
20 The public school districts of Idaho, having condemnation authority, shall
21 be considered civil departments of state government for the purpose of and
22 limited to the purchase of state endowment land at appraised prices.
23 (2) The governor, lieutenant governor, secretary of state, state control-
24 ler, state treasurer, attorney general and superintendent of public instruc-
25 tion each heads a constitutional office.
26 (3) For its internal structure, unless specifically provided otherwise,
27 each department shall adhere to the following standard terms:
28 (a) The principal unit of a department is a division. Each division shall
29 be headed by an administrator. The administrator of any division shall be
30 exempt from the provisions of chapter 53, title 67, Idaho Code.
31 (b) The principal unit of a division is a bureau. Each bureau shall be
32 headed by a chief.
33 (c) The principal unit of a bureau is a section. Each section shall be
34 headed by a supervisor.
35 SECTION 50. That Section 67-2405, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 67-2405. POWERS AND DUTIES OF DEPARTMENT HEADS. (1) Unless specifically
38 provided otherwise, each department head shall:
39 (a) Supervise, direct, account for, organize, plan, administer and exe-
40 cute the functions vested within the department as provided by law.
41 (b) Establish policy to be followed by the department and its employees.
42 (c) Compile and submit reports and budgets for the department as required
43 by law.
44 (d) Provide the governor with any information that he requests at any
45 time on the operation of the department.
46 (e) Represent the department in communications to the legislature and the
47 governor.
48 (f) Establish the internal organizational structure of the department and
49 assign the functions of the department to subunits to promote economic and
50 efficient administration and operation of the department. The internal
51 structure of a department shall be established in accordance with section
52 67-2402(3), Idaho Code.
53 (g) Subject to law, and the provisions of the state's merit system,
45
1 establish and make appointments to necessary subordinate positions, remove
2 incompetent, ineffectual or unfit employees and abolish unnecessary posi-
3 tions.
4 (2) Each department head has authority to:
5 (a) Prescribe rules consistent with law for the administration of the
6 department, the conduct of employees, the distribution and performance of
7 business, and the custody, use and preservation of records, documents and
8 property pertaining to the operation of the department. The constitutional
9 officers shall prescribe their own rules.
10 (b) Subject to law, and the state merit system where applicable, transfer
11 employees between positions, remove persons appointed to positions, and
12 change the duties, titles, and compensation of employees within the
13 department.
14 (c) Delegate any of the functions vested within the department head to
15 subordinate employees, except the power to fix their compensation.
16 (d) Require that any officer or employee of the department give an offi-
17 cial bond, if the officer or employee of the department is not required to
18 do so by law, in the amount to be determined by the director administrator
19 of the department of administration division of general services.
20 SECTION 51. That Section 67-2406, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 67-2406. DIRECTORS OF DEPARTMENTS ENUMERATED. The following department
23 directors are created:
24 Director, department of administration
25 Director, department of agriculture
26 Director, department of commerce and labor
27 Director, department of correction
28 Director, department of finance
29 Director, department of fish and game
30 Director, department of environmental quality
31 Director, department of health and welfare
32 Director, department of insurance
33 Director, department of juvenile corrections
34 Director, Idaho transportation department
35 Director, department of lands
36 Director, Idaho state police
37 Director, department of parks and recreation
38 Director, department of water resources.
39 SECTION 52. That Section 67-2901, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 67-2901. IDAHO STATE POLICE CREATED -- DIRECTOR -- DIVISIONS -- POWERS
42 AND DUTIES -- FAILURE OF PEACE OFFICERS TO OBEY ORDERS, MISDEMEANOR -- DEPU-
43 TIES -- COMPENSATION AND POWERS. (1) There is hereby created the Idaho state
44 police. The Idaho state police shall, for the purposes of section 20, article
45 IV, of the constitution of the state of Idaho, be an executive department of
46 the state government.
47 (2) The governor, with the advice and consent of the senate, shall
48 appoint a director of the Idaho state police who shall serve at the pleasure
49 of the governor. The director shall receive such salary as fixed by the gover-
50 nor.
51 (3) The Idaho state police shall be composed of such divisions as may be
46
1 established by law and other administrative units as may be established by the
2 director for the proper and efficient administration of the powers and duties
3 assigned to the director or of the state police. The director shall appoint,
4 subject to the approval of the governor, an administrator for each division
5 within the state police.
6 (4) The director shall exercise all of the powers and duties necessary to
7 carry out the proper administration of the state police, and may delegate
8 duties to employees and officers of the state police.
9 (5) The Idaho state police shall have power to:
10 (a) Enforce all of the penal and regulatory laws of the state, to pre-
11 serve order, and exercise any and all powers, duties and authority of any
12 sheriff or other peace officer anywhere in the state of Idaho, in the same
13 manner and with like authority as the sheriffs of the counties; said
14 department may employ from time to time, to carry out any of the provi-
15 sions of this subdivision subsection, such deputies or special deputies as
16 may be deemed, by the governor of the state of Idaho, necessary to carry
17 out these duties and powers, and deputies shall have power to deputize
18 other persons as deputies when necessary; said department may call into
19 the police service of the state any and all peace officers of the state,
20 of any city, or of any county, and may deputize private citizens, when
21 deemed necessary by the governor of the state, to preserve order and
22 enforce law in any extraordinary emergency when the governor shall have
23 declared, by order in writing, the existence of such extraordinary emer-
24 gency; the governor shall designate by order such peace officers or pri-
25 vate persons as are to be called into the service of the state, and when
26 such peace officers or deputized citizens are so called into the police
27 service of the state such officers shall act under the direction of the
28 director of the state police in such manner as may be directed and ordered
29 by the governor; failure on the part of any such peace officer of the
30 state, or person so deputized, to so act and obey such orders shall con-
31 stitute a misdemeanor; the governor shall fix the compensation of such
32 deputies.
33 (b) Prevent and detect crime and apprehend criminals and maintain order;
34 (c) Require all persons using the highways in the state to do so care-
35 fully, safely, and with the exercise of care for the persons, property and
36 safety of others;
37 (d) Safeguard and protect the surface and other physical portions of the
38 state highways and enforce any laws for highway safety;
39 (e) Enforce federal statutes and regulations relating to motor carrier
40 safety and hazardous materials for interstate carriers;
41 (f) Enforce Idaho statutes and rules of the Idaho state police applicable
42 to motor carriers;
43 (g) Enforce all of the laws of the state enacted for the identification,
44 inspection and transportation of livestock and all laws of the state
45 designed to prevent the theft of livestock;
46 (h) Regulate traffic on all highways and roads in the state;
47 (i) Perform all of the duties and exercise all of the powers of peace
48 officers vested in the director of the Idaho state police;
49 (j) Execute and serve any warrant of arrest or search warrant issued by
50 proper authority of the state, according to the tenor thereof, in any part
51 of the state;
52 (k) Arrest without warrant, any person committing or attempting to commit
53 in their presence or view a breach of the peace or any other violation of
54 any of the laws of the state;
55 (l) Members of the Idaho state police shall be subject to the call of the
47
1 governor and are empowered to cooperate with any other department or
2 authority of the state, with counties and municipalities, or any locality
3 in detecting crime, apprehending criminals and preserving law and order
4 throughout the state; but the Idaho state police shall not be used as a
5 posse in any municipality, except when ordered by the governor to do so;
6 provided nothing herein contained shall be construed to vest direction or
7 control over any sheriff, policeman, marshal or constable in the Idaho
8 state police or any employer or officer thereof;
9 (m) Each member of the Idaho state police shall take and subscribe to an
10 oath of office to support the constitution and laws of the United States
11 and the state of Idaho, and to honestly and faithfully perform the duties
12 imposed upon him under the provisions of the laws of Idaho as a member of
13 the Idaho state police. The oath shall be filed with the director.
14 (6) The director shall operate and supervise a forensic laboratory which
15 will provide to state and local agencies having responsibility for enforcement
16 of the penal laws of this state assistance in the collection, preservation and
17 analysis of evidence in criminal cases.
18 (7) The director shall provide security and protection for the governor
19 and the governor's immediate family to the extent and in the manner the gover-
20 nor and the director deem adequate and appropriate.
21 (8) The director shall provide security and protection for both houses of
22 the legislature while in session as in the opinion of the speaker of the house
23 of representatives and the president of the senate and the director deem nec-
24 essary.
25 (9) The director may award to an officer, upon retirement, that officer's
26 badge, duty weapon and handcuffs, providing that a committee of three (3) of
27 the officer's peers certifies to the director that the retiring officer has
28 served meritoriously for a minimum of fifteen (15) years and should therefore
29 be so honored.
30 (10) The director, within the limits of any appropriation made available
31 for such purposes, shall for such Idaho state police:
32 (a) Establish such ranks, grades and positions as shall appear advisable
33 and designate the authority and responsibility in each such rank, grade
34 and position;
35 (b) Appoint such personnel to such rank, grade and position as are deemed
36 by him to be necessary for the efficient operation and administration of
37 the Idaho state police, and only those applicants shall be appointed or
38 promoted who best meet the prescribed standards and prerequisites; pro-
39 vided however, that all employees shall be selected in the manner provided
40 for in chapter 53, title 67, Idaho Code, and shall be probationers and on
41 probation for a period of one (1) year from the date of appointment;
42 (c) Formulate and place in effect such rules for the Idaho state police
43 as from time to time appear to him advisable;
44 (d) Prescribe by official order the uniform and equipment of the employ-
45 ees in the Idaho state police;
46 (e) Station employees in such localities as he shall deem advisable for
47 the enforcement of the laws of the state;
48 (f) Have purchased, or otherwise acquired, by the purchasing agent of the
49 state, motor vehicle equipment and all other equipment and commodities
50 deemed by him essential for the efficient performance of the duties of the
51 Idaho state police and purchase and install approved mechanical devices
52 and equipment for the rapid transmission and broadcasting of information
53 relative to crime, apprehension of criminals and the administration of the
54 business of the Idaho state police.
55 (11) (a) The director shall issue to every eligible police officer member
48
1 of the Idaho state police, as defined in section 59-1303(3), Idaho Code,
2 and pursuant to the contract provided for by the personnel group insurance
3 administrator in the department of administration division of general ser-
4 vices, a term group life insurance certificate in the face amount of fifty
5 thousand dollars ($50,000) on the life of such members. Said insurance
6 certificate shall set forth the name or names of such beneficiary or bene-
7 ficiaries as the insured may name or designate.
8 (b) Any eligible person entering the employ of the Idaho state police as
9 an active police officer after the effective date of this act shall be
10 insured as other members of the state police immediately upon taking the
11 oath of office.
12 (c) Every member of the Idaho state police, upon termination of active
13 duty or permanent release, may surrender said certificate to the head of
14 the state police, or, at the person's option, may convert the insurance in
15 accordance with the provisions of the contract, and no further premiums
16 shall be paid on said policy by the state of Idaho.
17 (d) The director is hereby directed to hereafter include in the budget of
18 the Idaho state police an amount sufficient to pay the annual costs accru-
19 ing with respect to policies of insurance purchased under the provisions
20 of this chapter.
21 (e) The premiums on the insurance herein provided for are to be paid one-
22 half (1/2) by the employee and one-half (1/2) by the state. The director
23 is hereby authorized to make a monthly deduction on the payroll of the
24 amount due from each employee under this chapter.
25 (12) Nothing in this section shall affect the duties of the sheriff as
26 described in section 31-2202, Idaho Code, or the primary duty, described in
27 section 31-2227, Idaho Code, of the sheriff and prosecuting attorney of each
28 of the several counties to enforce all the penal provisions of any and all
29 statutes of this state.
30 SECTION 53. That Section 67-5202, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 67-5202. OFFICE OF ADMINISTRATIVE RULES COORDINATOR. There is hereby
33 established the office of administrative rules coordinator in the department
34 of administration division of general services. The coordinator shall be a
35 nonclassified employee and shall be appointed by and serve at the pleasure of
36 the director of the department of administration administrator of the division
37 of general services. All other employees of the office of administrative rules
38 employed on July 1, 1996, shall be classified employees, but upon their termi-
39 nation their positions and any positions vacant upon July 1, 1996 shall be
40 nonclassified positions and any persons employed to fill positions in the
41 office of administrative rules thereafter shall be exempt from the provisions
42 of chapter 53, title 67, Idaho Code. The coordinator shall receive all
43 notices and rules required in this chapter to be published in the bulletin or
44 the administrative code. The coordinator shall prescribe a uniform style,
45 form, and numbering system which shall apply to all rules adopted by all agen-
46 cies. The coordinator shall review all submitted rules for style, form, and
47 numbering, and may return a rule that is not in proper style, form, or number.
48 SECTION 54. That Section 67-5309C, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 67-5309C. ANNUAL SURVEYS, REPORTS AND RECOMMENDATIONS. (1) The adminis-
51 trator of the division of human resources shall conduct or approve annual sal-
49
1 ary and benefit surveys within relevant labor markets to determine salary
2 ranges and benefit packages that represent competitive labor market average
3 rates and benefits provided by private industry and other governmental units.
4 (2) A report of the results of the annual salary and benefit surveys and
5 recommendations for changes to meet the requirements of section 67-5309A,
6 Idaho Code, together with their estimated costs of implementation, shall be
7 submitted to the governor and the legislature not later than the first day of
8 December of each year. The recommendation shall include, at a minimum, four
9 (4) components to address the compensation philosophy described in section
10 67-5309A, Idaho Code, and shall include specific funding recommendations for
11 each component:
12 (a) A recommendation for market related changes necessary to address sys-
13 tem wide structure adjustments to stay competitive with relevant labor
14 markets. Such recommendation may include a market related payline adjust-
15 ment for all eligible employees, as well as the structure, to avoid com-
16 pression in the salary system.
17 (b) A recommendation for market related changes necessary to address spe-
18 cific occupational inequities.
19 (c) A recommendation for a merit increase component to recognize and
20 reward state employees in the performance of public service to the citi-
21 zens of Idaho.
22 (d) A recommendation for any changes to the employee benefit package,
23 including any adjustments to the overall design of the benefit package
24 and/or employee contributions.
25 (3) The governor shall submit his own recommendations on proposed changes
26 in salaries and benefits to the legislature prior to the seventh legislative
27 day of each session. Such recommendation shall address, at a minimum, the four
28 (4) components and subsequent funding for each component required in this sec-
29 tion.
30 (4) The legislature may, by concurrent resolution, accept, modify or
31 reject the governor's recommendations, but any such action by the legislature,
32 at a minimum, shall address the four (4) components and subsequent funding of
33 each component required in this section. The failure of the legislature to
34 accept, modify or reject the recommendations prior to adjournment sine die
35 shall constitute approval of the governor's recommendations, and such recom-
36 mendations shall be funded through appropriations provided by law. The admin-
37 istrator of the division of human resources shall implement necessary and
38 authorized changes to salary and pay schedule by rule. The director of the
39 department of administration division of financial management shall implement
40 necessary and authorized changes to benefits.
41 SECTION 55. That the Chapter Heading for Chapter 57, Title 67, Idaho
42 Code, be and the same is hereby amended to read as follows:
43 CHAPTER 57
44 DEPARTMENT OF ADMINISTRATION
45 DIVISION OF GENERAL SERVICES
46 SECTION 56. That Section 67-5701, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 67-5701. DEPARTMENT DIVISION OF GENERAL SERVICES CREATED -- APPOINTMENT
49 OF DIRECTOR ADMINISTRATOR -- DUTIES. There is hereby created the department of
50 administration in the executive office of the governor, the division of gen-
51 eral services. The governor shall, subject to the advice and consent of the
50
1 senate, appoint an director of administration administrator of the division of
2 general services who shall serve at the pleasure of the governor and who shall
3 receive such salary as fixed by the governor. The director of administration
4 administrator shall exercise all the powers and duties necessary to carry out
5 the proper administration of the department of administration. The department
6 of administration shall, for the purposes of section 20, article IV, of the
7 constitution of the state of Idaho, be an executive department of the state
8 government this chapter.
9 SECTION 57. That Section 67-5702, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 67-5702. DIVISIONS BUREAUS -- APPOINTMENT OF ADMINISTRATORS PERSONNEL.
12 The department of administration division of general services shall be com-
13 posed of such divisions bureaus as are established or assigned by law, and of
14 such other units as may be administratively established. The director of the
15 department of administration administrator shall appoint an administrator for
16 each division hire employees, subject to the approval of the governor.
17 SECTION 58. That Section 67-5703, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 67-5703. DEPARTMENT OF ADMINISTRATION DIVISION OF GENERAL SERVICES MAY
20 RECEIVE PAYMENT FOR SERVICES TO FEDERAL, COUNTY AND CITY AGENCIES -- APPROPRI-
21 ATION. The department of administration division of general services may enter
22 and execute contracts to provide services to any federal, county or city
23 agency within the state of Idaho when justified and requested by such nonstate
24 agency and approved by the state board of examiners. The department of admin-
25 istration administrator of the division of general services is authorized to
26 charge and receive payment for actual and necessary expenses incurred in pro-
27 viding services to any unit of government under the provisions of this sec-
28 tion. Any money received for services provided under the provisions of this
29 section is hereby continually appropriated to the unit providing the services
30 as compensation for such actual and necessary expenses.
31 SECTION 59. That Section 67-5704, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 67-5704. ADVANCE PAYMENTS AND INTERACCOUNT TRANSACTIONS. Any unit of the
34 department of administration division of general services providing services
35 to departments of state government as authorized in this chapter may charge
36 and receive payment in advance of performance thereof for a period of time not
37 to exceed the current appropriation of the department requesting such ser-
38 vices. Such payments may be used for personnel costs and operating expendi-
39 tures of the unit providing the services.
40 SECTION 60. That Title 39, Idaho Code, be, and the same is hereby amended
41 by the addition thereto of a NEW HEADING, to be known and designated as Chap-
42 ter 43, Title 39, Idaho Code, and to read as follows:
43 CHAPTER 43
44 OFFICE OF PUBLIC WORKS
45 SECTION 61. That Section 67-5705, Idaho Code, be, and the same is hereby
46 amended to read as follows:
51
1 67-5705 39-4301. DIVISION OFFICE OF PUBLIC WORKS. There is hereby created
2 within the department of administration the division of building safety the
3 office of public works. The director of the department of administration
4 shall appoint an administrator of the division of building safety shall
5 appoint a manager for the division office of public works, subject to the
6 approval of the governor. The administrator manager of the division office
7 shall be exempt from the provisions of the state merit system. The administra-
8 tor manager of the division office may employ additional personnel as may be
9 necessary, and may contract for professional services or assistance when nec-
10 essary or desirable.
11 SECTION 62. That Section 67-5706, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 67-5706. ALLOCATION OF OFFICE SPACE. The division of public works gen-
14 eral services shall have the power and duty to allocate all space, owned or
15 leased in the city of Boise in the name of the state, except as provided by
16 section 67-5707, Idaho Code, for the occupancy of the various state depart-
17 ments, agencies and institutions. Allocations of space will be made on the
18 basis of functional need and statutory requirements and in conformity with
19 standards and criteria adopted by the permanent building fund advisory coun-
20 cil. In approving the allocations of space, the division shall first consult
21 with and consider the recommendations and advice of the directors or executive
22 heads of the various departments, agencies or institutions.
23 SECTION 63. That Section 67-5707A, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 67-5707A. PROCEDURES FOR STATE-OWNED DWELLINGS. The department of admin-
26 istration division of general services shall adopt, by rule, the procedures to
27 be followed by each state agency in managing the acquisition, rental, tax sta-
28 tus, and recordkeeping of state-owned dwellings.
29 SECTION 64. That Section 67-5708, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-5708. LEASING OF FACILITIES FOR STATE USE -- CONTROL OF PARKING. The
32 department of administration division of general services shall negotiate for,
33 approve, and make any and all lease or rental agreements for facilities to be
34 used by the various state departments, agencies and institutions in the state
35 of Idaho.
36 For purposes of this section and sections 67-5708A and 67-5709, Idaho
37 Code, the term "facility or facilities" may be used interchangeably and shall
38 mean real property and improvements, including buildings and structures of any
39 kind, excluding water rights not appurtenant to other facilities, and state
40 endowment lands.
41 The department of administration division of general services shall manage
42 multi-agency facilities constructed, acquired or refurbished through the state
43 building authority as established in chapter 64, title 67, Idaho Code, and
44 shall sublease the facilities to various state departments, agencies, and
45 institutions in the state of Idaho. The department of administration division
46 of general services is directed to operate any facilities acquired for the
47 state and to enter into rental contracts and lease agreements consistent with
48 the use of the facilities for state purposes when so authorized. The division
49 of general services may pay costs incurred in the operation and management of
52
1 those properties from rents received therefrom.
2 The director administrator of the division of general services may author-
3 ize and enter into leases of state capitol mall real estate and multi-agency
4 facilities constructed through the state building authority, not needed for
5 state purposes, to other governmental entities or to nonprofit organizations
6 upon such terms as are just and equitable.
7 The administrator of the division of public works general services shall
8 promulgate rules for the control of the parking of motor vehicles in the state
9 capitol mall. Any person who shall violate any of the provisions of the rules
10 shall be subject to a fine of not less than two dollars ($2.00) nor more than
11 twenty-five dollars ($25.00); provided however, that any person who shall vio-
12 late any of the provisions of the rules concerning the altering, counterfeit-
13 ing or misuse of parking permits shall be subject to a fine of not more than
14 fifty dollars ($50.00).
15 Every magistrate and every court having jurisdiction of criminal offenses
16 and the violation of public laws committed in the county of Ada shall have
17 jurisdiction to hear and determine violations of the provisions of the rules
18 and to fix, impose and enforce payment of fines therefor. Alleged violations
19 of the parking rules are not subject to the provisions of chapter 52, title
20 67, Idaho Code. The department of administration may pay costs incurred in the
21 operation and management of those properties from rents received therefrom.
22 When a facility of the state of Idaho is authorized by concurrent resolu-
23 tion, and a maximum cost for the facility has been set by concurrent resolu-
24 tion, the administrator of the division of public works general services may
25 enter into lease-purchase or other time-purchase agreements with the Idaho
26 state building authority or other party for the facility.
27 SECTION 65. That Section 67-5708A, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 67-5708A. STATE FACILITIES MANAGEMENT -- COMPARATIVE LEASE COST ANALYSIS
30 AND ACCOUNTABILITY. (1) The director of the department of administration
31 administrator of the division of general services shall establish a program to
32 identify and maintain a current inventory of all leases of facilities used in
33 any manner for the conduct of functions of state government now or hereafter
34 entered into by any state department, agency or institution. Not later than
35 January 1, 1999, all departments, agencies and institutions shall submit cop-
36 ies of all leases of facilities to the director. The submitted inventory shall
37 record the essential terms of the leases, including the rental rate, term of
38 the lease, description of the facilities, the size of the facilities, and the
39 governmental use of the facilities.
40 (2) The director of the department of administration administrator of the
41 division of general services shall establish a program for evaluation of all
42 leases of facilities. in effect on or to be entered into after January 1,
43 1999. No department, agency or institution may enter into or renew any lease
44 of facilities after January 1, 1999, until a comprehensive analysis is per-
45 formed by that department, agency or institution in accord with standards and
46 criteria established by the director administrator of the department of admin-
47 istration division of general services. The comprehensive analysis shall
48 address, at a minimum, an evaluation of the need for facilities, space utili-
49 zation efficiency, long-term needs and objectives, and viable alternatives to
50 meet facility needs, including acquiring facilities with appropriated funds
51 and leasing facilities through the state building authority. Departments,
52 agencies and institutions shall consult with the director administrator when
53 performing the comprehensive analysis and, with the director's administrator's
53
1 assistance, shall select the alternative that best serves long-term needs and
2 objectives and that provides suitable facilities at the lowest responsible
3 cost to the taxpayer measured over the time the facilities are expected to be
4 needed, or forty (40) years, whichever is less. Departments, agencies and
5 institutions shall include a summary of the comprehensive analysis annually in
6 their budget requests to the governor and the legislature, and shall include
7 in that summary, where appropriate, the time necessary to implement their
8 selection.
9 For purposes of this section, consideration of the "lowest responsible
10 cost," shall take into account the estimated residual asset value of facili-
11 ties acquired with appropriated funds, or acquired through the state building
12 authority or other lease-purchase arrangements and the use of public lands,
13 wherever practicable, that are owned or can be timely acquired by the state.
14 SECTION 66. That Section 67-5708B, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-5708B. FACILITIES NEEDS PLANNING. All state agencies shall prepare and
17 maintain a five (5) year facilities needs plan and report such projected
18 facilities needs at their annual budget hearings. State agencies shall prepare
19 such five (5) year plan utilizing guidelines for facilities needs planning
20 established by the department of administration division of general services.
21 Any state agency that has unused, underused or available building space shall
22 notify the department of administration division of general services and seek
23 opportunities to co-occupy those facilities or any newly acquired or leased
24 facilities with other state agencies.
25 Each state agency shall provide a copy of its facilities needs plan report
26 to the department of administration. The department of administration division
27 of general services. The division of general services shall prepare a five (5)
28 year statewide facilities needs plan incorporating the facilities needs plans
29 of the state agencies and report such facilities needs in its annual budget
30 hearings.
31 For purposes of this section, the term "state agency" shall mean all state
32 departments, agencies and institutions, excluding state institutions of higher
33 education. For purposes of this section, the term "facilities needs" shall
34 mean the state agency's need to own, operate or occupy real property and
35 improvements including administrative office buildings, structures and parking
36 lots, to assist it in its operation as a state agency. Facilities needs shall
37 not include the ownership, operation or occupying of real property or improve-
38 ments by a state agency where such ownership, operation or occupying is a
39 function of the agency's purpose, such as real property and improvements,
40 other than administrative office buildings, structures and parking lots
41 described above under the jurisdiction and control of the Idaho transportation
42 department, the department of fish and game, the department of parks and rec-
43 reation, the department of lands, and the department of water resources and
44 water resource board.
45 The department division of general services may promulgate rules and pre-
46 scribe necessary procedures to implement the provisions of this section.
47 SECTION 67. That Section 67-5709, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 67-5709. MANAGEMENT OF STATE FACILITIES. The director of the department
50 of administration administrator of the division of general services may pay
51 personnel costs and operating expenditures incurred in the operation and man-
54
1 agement of the state capitol mall and the multi-agency facilities constructed
2 through the state building authority from the rents received therefrom. Pro-
3 ceeds accruing from such rental contracts and lease agreements after payment
4 of personnel costs and operating expenditures which are in excess of two hun-
5 dred thousand dollars ($200,000) at the end of the fiscal year shall be depos-
6 ited to the credit of the permanent building account fund. Proceeds from the
7 rental of parking spaces in the capitol mall shall be deposited upon receipt
8 to the credit of the permanent building account state facilities services
9 fund. Said proceeds shall not be expended without pursuant to an appropriation
10 and shall only be appropriated for the security, maintenance and upkeep of the
11 state capitol mall.
12 SECTION 68. That Section 67-5709A, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-5709A. SALE, TRANSFER OR DISPOSITION OF STATE ADMINISTRATIVE FACILI-
15 TIES. The provisions of sections 58-331 through 58-335, Idaho Code, shall not
16 apply to state administrative facilities in the custody, or control of the
17 state of Idaho. When a state agency declares that a state administrative
18 facility is not needed or is unsuitable for its purposes, custody and control
19 shall be transferred to the state board of examiners, which shall immediately
20 transfer authority for the disposition of the property to the department of
21 administration division of general services which shall send a notice to all
22 state agencies and institutions that the property is available for other state
23 use. Any state agency interested in leasing or buying the property shall
24 notify the department of administration division of general services within
25 the time the department division specifies.
26 If no state agency or institution is interested, the department division
27 shall obtain an appraisal and commence procedures to sell the property for the
28 highest price possible. All proceeds from the sale or lease of administrative
29 facilities acquired by the department of administration division of general
30 services pursuant to this section, other than proceeds required by law to be
31 deposited in a special fund, less the department of administration's division
32 of general service's cost of selling or leasing, shall be deposited into the
33 permanent building state facilities services fund which is hereby created in
34 the state treasury for the purpose of holding such proceeds. Such proceeds in
35 the permanent building facilities services fund acquired pursuant to this sec-
36 tion may be expended pursuant to appropriation.
37 As used in this section, "state administrative facility" shall mean any
38 real property and improvements, including administrative office buildings,
39 structures and parking lots, used by any state agency to assist it in its
40 operation as a state agency. State administrative facilities shall not include
41 the real property or improvements owned or occupied by a state agency where
42 such ownership, operation or occupying is a function of the agency's purpose,
43 such as real property and improvements, other than the administrative office
44 buildings, structures and parking lots described above, under the jurisdiction
45 and control of the Idaho transportation department, the department of fish and
46 game, the department of parks and recreation and the department of lands.
47 SECTION 69. That Section 67-5710, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 67-5710 39-4302. PERMANENT BUILDING FUND ADVISORY COUNCIL -- APPROVAL OF
50 USE OF FUND -- DUTIES OF ADMINISTRATOR MANAGER OF PUBLIC WORKS. There is
51 hereby created in the division office of public works in the division of
55
1 building safety a permanent building fund advisory council which shall be
2 appointed by the governor. This council shall be composed of one (1) member of
3 the senate, one (1) member of the house of representatives, a citizen engaged
4 in the contracting business, a citizen engaged in the banking business, and a
5 citizen who is a member of the business community not engaged in contracting
6 or banking. The senate member and house of representative member shall be
7 appointed for a fixed term of two (2) years. All other council members shall
8 be appointed for a fixed term of three (3) years. The terms of office of mem-
9 bers of the council holding office prior to July 1, 1996, shall expire on the
10 following dates: contracting business member on July 1, 1996; senate member
11 and house of representative member on December 1, 1996; business community
12 member on July 1, 1997; and banking member on July 1, 1998. On or after July
13 1, 1996, the governor shall appoint members of the council as terms of exist-
14 ing members expire. All members of the council shall serve at the pleasure of
15 the governor. The administrator of the division of building safety and the
16 manager of the office of public works and the responsible heads of the agen-
17 cies for which appropriations for construction, renovations, remodelings or
18 repairs public works are made pursuant to chapter 11, title 57, Idaho Code,
19 shall consult, confer and advise with the permanent building fund advisory
20 council in connection with all decisions concerning the administration of
21 these appropriations and the planning and construction or execution of public
22 work or works pursuant thereto. The approval of the permanent building fund
23 advisory council shall be a condition precedent to the undertaking of planning
24 or and construction or execution.
25 The administrator manager of the office of public works is hereby
26 directed to work in close cooperation with the responsible heads of institu-
27 tions and agencies for which appropriations are made herein and no building
28 public works proposals shall be approved by the administrator manager of the
29 office of public works in the division of building safety nor any planning or
30 work undertaken by that officer pursuant to these appropriations without the
31 prior approval of the responsible chief officer of the institutions and agen-
32 cies for whom appropriations are made herein.
33 SECTION 70. That Section 67-5710A, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 67-5710A 39-4303. REQUIREMENT OF PLANS AND SPECIFICATION APPROVAL BY PER-
36 MANENT BUILDING FUND ADVISORY COUNCIL AND DELEGATION OF PROJECT OVERSIGHT BY
37 THE ADMINISTRATOR FOR OF THE DIVISION OF BUILDING SAFETY AND THE MANAGER OF
38 THE DIVISION OFFICE OF PUBLIC WORKS.
39 (1) (a) Unless an emergency exists as defined provided for in section
40 67-5711B 39-4307, Idaho Code, an existing no public works may not be
41 altered, repaired, constructed or improved on be authorized or contracted
42 for relating to property owned or occupied by any state institution,
43 department, commission, board or agency, if the estimated cost of work
44 exceeds the limit established in section 67-5711 39-4305, Idaho Code, and
45 except for those institutions and agency exemptions listed in section
46 67-5711 39-4305, Idaho Code, without regard to source of funding, until
47 the location, design, plans and specifications are approved by the perma-
48 nent building fund advisory council and the project supervised by the
49 division of building safety and the office of public works or its desig-
50 nee.
51 (b) Facilities Public works to be built executed with funds under the
52 control of a nonstate entity, and relating to property owned or occupied
53 by state entities, must have plans and specifications prepared, and all
56
1 plans and specifications must be reviewed and approved by the permanent
2 building fund advisory council prior to the advertising, bidding, con-
3 struction and/or negotiation for construction of the facilities public
4 works.
5 (2) (a) The administrator for of the division of building safety and the
6 manager of the office of public works may delegate control over design,
7 construction and all other aspects of a public works or maintenance proj-
8 ect which costs less than one hundred fifty thousand dollars ($150,000),
9 to agencies of state government on a project-by-project basis, if a
10 responsible party of the state agency requests that delegation in writing
11 and the permanent building fund advisory council approves the delegation.
12 (i) The state agency to whom control is delegated shall assume all
13 responsibility for project budgets and shall receive funds appropri-
14 ated for the project upon application and approval by the permanent
15 building fund advisory council.
16 (ii) Delegation of project control does not exempt the state agency
17 from complying with public works statutes, life safety and building
18 codes or other applicable codes and regulations. The state agency
19 also must comply with any guidelines or procedures for design and
20 construction adopted by the division office of public works and the
21 permanent building fund advisory council.
22 (iii) State agencies that receive delegated projects may not have
23 access to permanent building fund advisory council contingency funds
24 unless approved by the permanent building fund advisory council or
25 authorized by appropriation.
26 (iv) Prior, written approval from the administrator must be granted
27 for any public works utilizing sole source or limited competition. No
28 agency will be delegated the ability to declare an emergency as
29 defined in section 67-5711B 39-4307, Idaho Code.
30 (v) The permanent building fund advisory council may elect to audit
31 any public works project for compliance with applicable codes and
32 policies.
33 (vi) The delegated state agency will use standard documents for pro-
34 fessional services contracts and for construction public works con-
35 tracts as adopted by the division office of public works.
36 (vii) Delegation is subject to cancellation by the administrator for
37 of the division of building safety and the manager of the office of
38 public works with the concurrence of the permanent building fund
39 advisory council.
40 SECTION 71. That Section 67-5710B, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 67-5710B 39-4304. DEFINITIONS. As used in this chapter:
43 (1) "Preventive maintenance" means:
44 (a) Corrective repairs or replacements used for existing state-owned, or
45 state operated facilities, which result from a systematic program in which
46 wear, tear, and change are anticipated and continuous corrective actions
47 are required to be taken to ensure peak efficiency and to minimize deteri-
48 oration. It includes systematic inspection, adjustment, lubrication,
49 replacement of components, as well as performance testing and analysis;
50 and
51 (b) Repairs and replacements with an estimated useful life of less than
52 five (5) years; and
53 (c) Repairs and replacements which are funded in the state agency's oper-
57
1 ating budget; and
2 (d) Repairs and replacements which can be accomplished by the agency's
3 existing physical plant staff; and
4 (e) Repairs and replacements which do not require the services of archi-
5 tects, engineers, and other professionally licensed consultants to inves-
6 tigate conditions, prepare recommendations for corrective action, prepare
7 plans and specifications, and supervise the execution of corrective proj-
8 ects.
9 (2) "Public works" means:
10 (a) Any new construction, building, alteration, equipping, furnishing,
11 repair, demolition or improvement of any land, building, structure includ-
12 ing utilities, or remodeling or renovation of existing buildings, or other
13 physical facilities, to make physical changes necessitated by changes in
14 the program, to meet standards required by applicable codes, to correct
15 other conditions hazardous to health and safety of persons which are not
16 covered by codes, or to effect a permanent improvement to the facility for
17 any reason including aesthetics or appearance;
18 (b) Site improvement or developments which constitute permanent improve-
19 ments to real property; and
20 (c) Purchase and installation of fixed equipment necessary for the opera-
21 tion of new, remodeled, or renovated buildings and other physical facili-
22 ties for the conduct of programs initially housed therein to include any
23 equipment that is made a permanent fixture of the building; and
24 (d) Purchase of the services of architects, engineers, and other consul-
25 tants to prepare plans, program documents, life cycle cost studies, energy
26 analysis, and other studies associated with any new building, alteration,
27 repair, demolition or improvement and to supervise the construction or
28 execution of such projects.
29 SECTION 72. That Section 67-5711, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-5711 39-4305. CONSTRUCTION, ALTERATION, EQUIPPING, FURNISHING AND
32 REPAIR OF PUBLIC BUILDINGS AND WORKS. The director of the department of admin-
33 istration administrator of the division of building safety, or his designee,
34 of the state of Idaho, is authorized and empowered, subject to the approval of
35 the permanent building fund advisory council, to provide or secure all plans
36 and specifications for, to let all contracts for, and to have charge of and
37 supervision of the construction, alteration, equipping and furnishing, repair,
38 maintenance other than preventive maintenance of any and all buildings,
39 improvements of public works of the state of Idaho, the cost of which con-
40 struction, alteration, equipping and furnishing, repair, maintenance other
41 than preventive maintenance exceeds public works, excluding preventive mainte-
42 nance, the cost of which is estimated to exceed the sum of one hundred thou-
43 sand dollars ($100,000) for labor, materials and equipment, which sum shall
44 exclude design costs, bid advertising and related bidding expenses, provided,
45 that the director administrator or his designee, and permanent building fund
46 advisory council shall, in the letting of contracts under this section, comply
47 with the procedure for the calling of bids provided in section 67-5711C
48 39-4308, Idaho Code; provided, however, that this section shall not apply to
49 the construction, alteration, equipping or furnishing or repair or maintenance
50 other than preventive maintenance of public buildings public works under the
51 jurisdiction and control of the board of regents of the university of Idaho;
52 provided further, that the bidding procedures required by this section and
53 section 67-5711C 39-4308, Idaho Code, shall not apply to performance contracts
58
1 as provided in section 67-5711D 39-4310, Idaho Code; provided further, that
2 public works for the Idaho transportation department, the department of fish
3 and game, the department of parks and recreation, the department of lands, and
4 the department of water resources and water resource board, except for admin-
5 istrative office buildings and all associated improvements, are exempt from
6 the provisions of this section that relate to the administration and review of
7 such projects by the director of the department of administration administra-
8 tor of the division of building safety or his designee and by the permanent
9 building fund advisory council. This exemption shall not relieve the Idaho
10 transportation department, the department of fish and game, the department of
11 parks and recreation, the department of lands, and the department of water
12 resources and water resource board in the letting of contracts for public
13 works, from complying with the procedures of section 67-5711C 39-4308, Idaho
14 Code, related to the advertising and bidding for contracts. The permanent
15 building fund advisory council may adopt rules consistent with existing law,
16 including rules for a program of inspection and maintenance, to carry out the
17 provisions of this chapter.
18 SECTION 73. That Section 67-5711A, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 67-5711A 39-4306. DESIGN-BUILD CONTRACTING AUTHORIZED. Notwithstanding
21 any other provisions of law to the contrary, the director of the department of
22 administration administrator of the division of building safety, or his desig-
23 nee, is authorized and empowered, subject to the approval of the permanent
24 building fund advisory council, to employ the use of the design-build method
25 of construction in the letting of any and all contracts for the construction,
26 alteration, equipping, furnishing and repair of any and all buildings,
27 improvements, or other public works of the state of Idaho. For the purposes
28 of this section, a design-build contract is a contract between the state of
29 Idaho and a nongovernmental party in which the nongovernmental party contract-
30 ing with the state of Idaho agrees to both design and build the structure,
31 roadway, or other items specified in the contract.
32 SECTION 74. That Section 67-5711B, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 67-5711B 39-4307. EMERGENCY CONTRACTING AUTHORIZED DIVISION OF PUBLIC
35 WORKS BUILDING SAFETY. The director of the department of administration, the
36 administrator of the division of building safety, the manager of the office of
37 public works, or a designee of either official may make or authorize others to
38 make emergency public works contracts when there exists a threat to public
39 health, welfare, or safety under emergency conditions; provided that such
40 emergency public works contracts shall be made with such competition as is
41 practicable under the circumstances. The administrator, the manager or a des-
42 ignee may declare an emergency when one (1) or more of the following condi-
43 tions exist: an imminent life-threatening environment; or an imminent threat
44 to property; or an imminent loss of significant state resources. The adminis-
45 trator may also waive the requirements of section 67-2309, Idaho Code, regard-
46 ing written plans and specifications. A written determination of the basis for
47 the emergency and for the selection of the particular contractor shall be
48 included in the contract file.
49 SECTION 75. That Section 67-5711C, Idaho Code, be, and the same is hereby
50 amended to read as follows:
59
1 67-5711C 39-4308. CONSTRUCTION OF PUBLIC PROJECTS -- COMPETITIVE SEALED
2 BIDDING. (1) All construction public works contracts, for public works exclud-
3 ing preventive maintenance, to be entered under this chapter shall be awarded
4 to the lowest responsible and responsive bidder after receipt of competitive
5 sealed bidding except as otherwise provided in sections 67-5711B 39-4307,
6 67-5711D 39-4310 and 67-5713 39-4313, Idaho Code.
7 (2) An invitation for bids shall be issued and shall include a project
8 description and all applicable contractual terms and conditions. applicable to
9 the public works.
10 (3) Adequate public notice of the invitation for bids shall be given at
11 least fourteen (14) days prior to the date set forth therein for the opening
12 of bids. Such notice shall include publication at least fourteen (14) days
13 prior to bid opening in a newspaper of general circulation in the area where
14 the work is located.
15 (4) When prequalification is deemed in the best interest of the state,
16 competitive bidding procedures shall be open only to licensed public works
17 contractors that meet preliminary supplemental qualifications. The solicita-
18 tion for bids in a prequalified bidder public works project shall consist of
19 two (2) stages, an initial stage for identifying prequalified contractors,
20 either prime or specialty contractors, followed by a stage during which bid
21 prices will be accepted only from prequalified contractors. Notice of the
22 prequalification stage shall be given in the same manner that notice of open
23 competitive bidding is provided. Prequalification standards must be premised
24 upon demonstrated technical competence, experience constructing similar facil-
25 ities, prior experience with the state, available nonfinancial resources,
26 equipment and personnel as they relate to the subject project, and overall
27 performance history based upon a contractor's entire body of work. Any request
28 for qualifications must include the standards for evaluating the qualifica-
29 tions of prospective bidders. Licensed contractors desiring to be prequalified
30 to bid on a project must submit a written response to a request for qualifica-
31 tions. After a review of qualification submittals, licensed contractors that
32 meet the prequalification standards shall be notified. Thereafter, bids may be
33 solicited from contractors that meet the prequalification standards. The
34 department division may promulgate rules or develop procedures to implement
35 the prequalification process.
36 (5) Bids shall be opened publicly at the time and place designated in the
37 invitation for bids. The amount of each bid and such other relevant informa-
38 tion as may be specified by rules, together with the name of each bidder,
39 shall be entered on a record and the record shall be open to public inspec-
40 tion. After the time of the award all bids and bid documents shall be open to
41 public inspection in accordance with the provisions of sections 9-337 through
42 9-347, and 67-5725, Idaho Code.
43 (6) With respect to a project having a written cost estimate of greater
44 than twenty-five thousand dollars ($25,000) but less than the public works
45 limit established in section 67-5711 39-4305, Idaho Code, the agency, if it
46 does not perform the work with existing physical plant staff, must award a
47 written contract to the lowest responsible and responsive bidder after solic-
48 iting at least three (3) documented informal bids from contractors licensed in
49 Idaho to perform public works contracts, if reasonably available. Adequate
50 public notice of the invitation for informal bids shall be given at least
51 seven (7) days prior to the date set forth therein for the receipt of the
52 informal bids. Such notice may include publication at least seven (7) days
53 prior to bid opening in a newspaper of general circulation in the area where
54 the work is located; or the agency may advertise the invitation for bids in
55 appropriate trade journals, and otherwise notify persons believed to be inter-
60
1 ested in the award of a contract. Informal bids must be submitted by the con-
2 tractor in writing in response to a prepared written document describing the
3 project's scope of work in sufficient detail so as to enable a contractor
4 familiar with such work to prepare a responsive and responsible bid. Nothing
5 herein exempts an agency from the responsibility of utilizing formal plans and
6 specifications if the work involves the public health or safety as described
7 in chapters 3 and 12, title 54, Idaho Code. The agency must document receipt
8 of the informal bids in the project file.
9 (7) Any personal property including goods, parts, supplies and equipment
10 which is to be supplied or provided by a state agency for use in any public
11 work, project, or preventive maintenance programs project, whether the public
12 work, project, or preventive maintenance program project is constructed,
13 undertaken or performed by agency in-house personnel, or by delegation pursu-
14 ant to section 67-5710A 39-4303, Idaho Code, or otherwise provided or supplied
15 by the agency to a contractor, the personal property, goods, parts, supplies
16 or equipment supplied or provided by the agency must be purchased or procured
17 by the agency through the division of purchasing general services in accor-
18 dance with the Idaho Code.
19 (8) If no responsive and responsible bids are received after competitive
20 sealed bidding under this section, the administrator of the division of build-
21 ing safety or the administrator's designee may negotiate, award and enter into
22 a contract as he determines to be in the best interest of the state of Idaho.
23 SECTION 76. That Section 67-5711D, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 67-5711D 39-4310. ENERGY SAVINGS PERFORMANCE CONTRACTS. (1) Definitions.
26 As used in this section:
27 (a) "Administrator" means the administrator of the division of building
28 safety or the administrator's designee.
29 (b) "Cost-savings measure" means any facility improvement, repair or
30 alteration, or any equipment, fixture or furnishing to be added or used in
31 any facility that is designed to reduce energy consumption and energy
32 operating costs or increase the energy efficiency of facilities for their
33 appointed functions that are cost effective. "Cost-savings measure"
34 includes, but is not limited to, one (1) or more of the following:
35 (i) Procurement of low-cost energy supplies of all types, includ-
36 ing electricity, natural gas and water;
37 (ii) Insulating the building structure or systems in the building;
38 (iii) Storm windows or doors, caulking or weather stripping,
39 multiglazed windows or door systems, heat-absorbing or heat-
40 reflective glazed and coated window and door systems, additional
41 glazing, reductions in glass area or other window and door system
42 modifications that reduce energy consumption;
43 (iv) Automated or computerized energy control systems;
44 (v) Heating, ventilation or air conditioning system modifications
45 or replacements;
46 (vi) Replacing or modifying lighting fixtures to increase the
47 energy efficiency of the lighting system;
48 (vii) Energy recovery systems;
49 (viii) Cogeneration systems that produce steam or forms of energy
50 such as heat, as well as electricity, for use primarily within a
51 building or complex of buildings;
52 (ix) Installing new or modifying existing day lighting systems;
53 (x) Installing or modifying renewable energy and alternate energy
61
1 technologies;
2 (xi) Building operation programs that reduce energy costs includ-
3 ing, but not limited to, computerized programs, training and other
4 similar activities;
5 (xii) Steam trap improvement programs that reduce energy costs;
6 (xiii) Devices that reduce water consumption; and
7 (xiv) Any additional building infrastructure improvements that pro-
8 duce energy cost savings, significantly reduce energy consumption or
9 increase the energy efficiency of the facilities for their appointed
10 functions and are in compliance with all applicable state building
11 codes.
12 (b) "Director" means the director of the department of administration or
13 the director's designee.
14 (c) "Energy cost savings" means any expenses that are eliminated or
15 avoided on a long-term basis as a result of equipment installed or modi-
16 fied, or services performed by a qualified energy service company or a
17 qualified provider, but does not include merely shifting personnel costs
18 or similar short-term cost savings.
19 (d) "Financial grade energy audit" means a comprehensive building energy
20 systems audit performed by a professional engineer licensed in the state
21 of Idaho for the purpose of identifying and documenting feasible energy
22 and resource conservation measures and cost-savings factors.
23 (e) "Performance contract" means a contract between the director adminis-
24 trator or the public entity and a qualified provider or a qualified energy
25 service company for evaluation, recommendation and implementation of one
26 (1) or more cost-savings measures. A performance contract may be struc-
27 tured as either:
28 (i) A guaranteed energy savings performance contract, which shall
29 include, at a minimum, the design and installation of equipment and,
30 if applicable, operation and maintenance of any of the measures
31 implemented. Guaranteed annual savings must meet or exceed the total
32 annual contract payments made by the director administrator or the
33 user agency or the public entity for such contract, including financ-
34 ing charges to be incurred over the life of the contract; or
35 (ii) A shared savings contract, which shall include provisions mutu-
36 ally agreed upon by the director administrator and the qualified pro-
37 vider or qualified energy service company as to the rate of payments
38 based upon energy cost savings and a stipulated maximum energy con-
39 sumption level over the life of the contract.
40 (f) "Person" means an individual, corporation, partnership, firm, associ-
41 ation, limited liability company, limited liability partnership or other
42 such entity as recognized by the state of Idaho.
43 (g) "Public entity" means the cities, counties and school districts or
44 any political subdivision within the state of Idaho.
45 (h) "Qualified energy service company" means a person with a record of
46 established projects or with demonstrated technical, operational, finan-
47 cial and managerial capabilities to implement performance contracts and
48 who currently holds an Idaho public works contractor license.
49 (i) "Qualified provider" means a person who is experienced in the design,
50 implementation and installation of energy efficiency and facility improve-
51 ment measures, who has the ability to secure necessary financial measures
52 to support energy savings guarantees and the technical capabilities to
53 ensure such measures generate energy cost savings, and who currently holds
54 an Idaho public works contractor license.
55 (2) Performance contracts. The director of the department of administra-
62
1 tion administrator of the division of building safety, subject to the approval
2 of the permanent building fund advisory council, or any Idaho public entity
3 may enter into a performance contract with a qualified provider or qualified
4 energy service company to reduce energy consumption or energy operating costs.
5 Cost-savings measures implemented under such contracts shall comply with all
6 applicable state and local building codes.
7 (3) Requests for qualifications. The director of the department of admin-
8 istration administrator of the division of building safety or the public
9 entity shall request qualifications from qualified providers and qualified
10 energy service companies inviting them to submit information describing their
11 capabilities in the areas of:
12 (a) Design, engineering, installation, maintenance and repairs associated
13 with performance contracts;
14 (b) Experience in conversions to a different energy or fuel source, so
15 long as it is associated with a comprehensive energy efficiency retrofit;
16 (c) Postinstallation project monitoring, data collection and reporting of
17 savings;
18 (d) Overall project experience and qualifications;
19 (e) Management capability;
20 (f) Ability to assess the availability of long-term financing;
21 (g) Experience with projects of similar size and scope; and
22 (h) Other factors determined by the director administrator or the public
23 entity to be relevant and appropriate relating to the ability of the qual-
24 ified provider or qualified energy service company to perform the project.
25 (4) Notice. Adequate public notice of the request for qualifications
26 shall be given at least fourteen (14) days prior to the date set forth therein
27 for the opening of the responses to the request for qualifications. Such
28 notice may be provided electronically or by publication in a newspaper of gen-
29 eral circulation in the area where the work is located.
30 (5) Public inspection. All records of the department division or an
31 agency or the public entity relating to the award of a performance contract
32 shall be open to public inspection in accordance with the provisions of sec-
33 tions 9-337 through 9-347, and 67-5725, Idaho Code.
34 (6) Award of performance contract.
35 (a) The director administrator or public entity shall select up to three
36 (3) qualified providers or qualified energy service companies who have
37 responded to the request for qualifications. Factors to be considered in
38 selecting the successful qualified provider or qualified energy service
39 company shall include, but not be limited to:
40 (i) Fee structure;
41 (ii) Contract terms;
42 (iii) Comprehensiveness of the proposal and cost-savings measures;
43 (iv) Experience of the qualified provider or qualified energy ser-
44 vice company;
45 (v) Quality of the technical approach of the qualified provider or
46 qualified energy service company; and
47 (vi) Overall benefits to the state or the public entity.
48 (b) Notwithstanding the provisions of section 67-5711C 39-4308, Idaho
49 Code, the director administrator or the public entity may, following the
50 request for qualifications and the expiration of the specified notice
51 period, award the performance contract to the qualified provider or quali-
52 fied energy service company which best meets the needs of the project and
53 whose proposal may or may not represent the lowest cost among the propos-
54 als submitted pursuant to this section.
55 (c) Upon award of the performance contract, the successful qualified pro-
63
1 vider or qualified energy service company shall prepare a financial grade
2 energy audit which, upon acceptance by the director administrator or the
3 public entity, shall become a part of the final performance contract.
4 (7) Installment payment and lease-purchase agreements. Pursuant to this
5 section, the director administrator or the public entity may enter into a per-
6 formance contract, payments for which shall be made by the user agency or pub-
7 lic entity. Such performance contracts may be financed as installment payment
8 contracts or lease-purchase agreements for the purchase and installation of
9 cost-savings measures. Financing implemented through another person other than
10 the qualified provider or qualified energy service company is authorized.
11 (8) Terms of performance contract.
12 (a) Each performance contract shall provide that all payments between
13 parties, except obligations upon termination of the contract before its
14 expiration, shall be made over time and that the objective of such perfor-
15 mance contract is the implementation of cost-savings measures and energy
16 cost savings.
17 (b) A performance contract, and payments provided thereunder, may extend
18 beyond the fiscal year in which the performance contract becomes effec-
19 tive, subject to appropriation by the legislature or by the public entity,
20 for costs incurred in future fiscal years. The performance contract may
21 extend for a term not to exceed twenty-five (25) years. The permissible
22 length of the contract may also reflect the useful life of the cost-
23 savings measures.
24 (c) Performance contracts may provide for payments over a period of time
25 not to exceed deadlines specified in the performance contract from the
26 date of the final installation of the cost-savings measures.
27 (d) Performance contracts entered pursuant to this section may be amended
28 or modified, upon agreement by the director administrator or the public
29 entity and the qualified provider or qualified energy service company, on
30 an annual basis.
31 (9) Monitoring and reports. During the term of each performance contract,
32 the qualified provider or qualified energy service company shall monitor the
33 reductions in energy consumption and cost savings attributable to the cost-
34 savings measures installed pursuant to the performance contract and shall
35 annually prepare and provide a report to the director administrator or the
36 public entity documenting the performance of the cost-savings measures.
37 SECTION 77. That Section 67-5711E, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 67-5711E 39-4311. LEGISLATIVE INTENT -- CAPITOL BUILDING PROJECTS -- CON-
40 STRUCTION MANAGER AT-RISK SERVICES. (1) The legislature of the state of Idaho
41 recognizes that its capitol building is the most vital and preeminent public
42 building in Idaho and is a symbol of Idaho's sovereignty. The legislature rec-
43 ognizes that the restoration and preservation of the capitol building repre-
44 sents a vital public interest. The legislature further recognizes that there
45 exist alternative project delivery methods for public works construction
46 including construction manager at-risk services. The legislature intends that
47 construction management at-risk services may be used on the capitol building
48 project.
49 (2) Notwithstanding any other provision of law to the contrary, with
50 respect to any contract to be entered into for any capitol building project or
51 projects, and any part thereof, the director of the department of administra-
52 tion administrator of the division of building safety, or his designee, may
53 enter into a contract for construction manager at-risk services. If construc-
64
1 tion manager at-risk services are used, the following conditions shall apply:
2 (a) Selection of the individual or firm providing construction manager
3 at-risk services shall be made pursuant to section 67-2320, Idaho Code;
4 and
5 (b) An individual or firm providing construction manager at-risk services
6 is subject to all requirements, including licensing and bonding require-
7 ments, applicable to contractors subject to chapter 19, title 54, Idaho
8 Code.
9 (3) For purposes of this section:
10 (a) "Construction management services" means services provided by an
11 individual licensed under chapter 45, title 54, Idaho Code, or a firm hav-
12 ing a certificate of authority under chapter 45, title 54, Idaho Code,
13 which services may include involvement with design, constructability
14 reviews, prequalification, preparation and coordination of bid packages,
15 scheduling, cost control, value engineering, evaluation, preconstruction
16 services and construction administration.
17 (b) "Construction management at-risk services" means services provided by
18 an individual or firm that:
19 (i) Provides construction management services for a project
20 throughout the preconstruction and construction phases;
21 (ii) Is licensed under chapter 19, title 54, Idaho Code, as a public
22 works contractor;
23 (iii) Acts as a general contractor in accordance with the construc-
24 tion manager at-risk contract; and
25 (iv) Guarantees the cost of the project.
26 (c) "Construction manager at-risk contract" means a contract by which an
27 individual or firm agrees to provide construction management at-risk ser-
28 vices and which may provide for the individual or firm to self-perform
29 portions of the project and may require the individual or firm to satisfy
30 applicable prequalification criteria on any self-performed work and to
31 select or prequalify contractors or subcontractors in the same manner as
32 if such selection or prequalification were done directly by the department
33 of administration division of building safety.
34 (d) "Firm" means any business organization, including individuals, part-
35 nerships, corporations, associations or any combination thereof acting as
36 a unit.
37 SECTION 78. That Section 67-5712, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 67-5712 39-4312. PROJECTION OF BUILDING REQUIREMENTS REPORT. The perma-
40 nent building fund advisory council and the director administrator of the
41 department of administration works division of building safety or his designee
42 shall on or before September 1 next preceding each regular session of the leg-
43 islature prepare and submit to the governor a projection of building require-
44 ments of all institutions and agencies of Idaho. Such projection shall include
45 new buildings, maintenance and repair of existing state owned buildings.
46 SECTION 79. That Section 67-5713, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 67-5713 39-4313. CONSTRUCTION AND ALTERATION OF STATE CORRECTIONAL FACIL-
49 ITIES. The administrator of the division of public works building safety or
50 his designee is authorized and empowered, subject to the approval of the per-
51 manent building fund advisory council, to use appropriated funds or other fund
65
1 sources to construct or alter, either in whole or in part, state owned correc-
2 tional facilities by inmate labor for the purpose of providing meaningful work
3 and rehabilitation programs for inmates confined therein, or to have such con-
4 struction accomplished by the competitive bid process as authorized by section
5 67-5711 39-4308, Idaho Code, whichever the permanent building fund advisory
6 council deems most appropriate. Further providing that no construction or
7 alteration by inmate labor shall be authorized, unless plans and specifica-
8 tions for such construction have been accomplished by a licensed architect or
9 engineer, appointed at the direction of the council, and such final plans and
10 specifications approved by the council. Further providing that such construc-
11 tion or alteration shall be performed under the direct charge and supervision
12 of the administrator of the division of public works building safety or his
13 designee.
14 SECTION 80. That Section 67-5714, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-5714. DIVISION BUREAU OF PURCHASING. There is hereby created within
17 the department of administration the division of general services the bureau
18 of purchasing. The director of the department of administration shall appoint
19 an administrator of the division of general services shall appoint a bureau
20 chief for the division bureau of purchasing, subject to the approval of the
21 governor. The administrator bureau chief shall be exempt from the provisions
22 of the state merit system. The administrator of the division bureau chief may
23 employ additional personnel as may be necessary, and may contract for profes-
24 sional services or assistance when necessary or desireable desirable.
25 SECTION 81. That Section 67-5717, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 67-5717. POWERS AND DUTIES OF THE ADMINISTRATOR OF THE DIVISION BUREAU
28 CHIEF OF THE BUREAU OF PURCHASING. The administrator of the division bureau
29 chief of the bureau of purchasing:
30 (1) Shall acquire, according to the provisions of this chapter, all prop-
31 erty for state agencies;
32 (2) Shall acquire all property, unless excepted, by competitive bid, and
33 shall specifically require competitive bids for property to be rented, leased
34 or purchased through a deferred payment plan;
35 (3) Shall determine, based upon the requirements contained in the speci-
36 fication and matter relating to responsibility, the lowest responsible bidder
37 in all competitively bid acquisition contracts;
38 (4) Shall enter into all contracts and agreements, and any modifications
39 thereto, for the acquisition of any and all property on behalf of and in the
40 name of the state;
41 (5) Shall, when economically feasible and practical, consolidate requisi-
42 tions and acquire property in amounts as large as can be efficiently managed
43 and controlled;
44 (6) May, in the evaluation of paper product bids, give those items that
45 meet the recycled content standards as specified by the administrator bureau
46 chief a five percent (5%) purchasing preference. As such, those qualifying
47 paper products may be considered to cost five percent (5%) less when choosing
48 the lowest responsible bidder;
49 (7) May appoint a deputy bureau chief, who shall have power to act for
50 him and in his place while absent, which deputy shall be bonded to the state
51 of Idaho as prescribed by chapter 8, title 59, Idaho Code;
66
1 (8) May require from any contractor the submission of a performance bond
2 or other performance guarantee for such sum as will, in the opinion of the
3 administrator bureau chief, guarantee the faithful performance of such con-
4 tract, and the amount and requirement therefor shall be set out in the speci-
5 fications;
6 (9) May enter into open contracts for the acquisition of property com-
7 monly used by the various agencies, based upon actual or estimated require-
8 ments;
9 Unless an acquiring agency can show a substantial difference between the
10 required capabilities and the capabilities provided by such property available
11 on open contract, all agencies must utilize such property available on such
12 contracts and failure to comply with this provision will subject the officers
13 responsible for the acquisition to the penalties set forth in this chapter;
14 (10) May enter into contracts, including leases and rentals, for periods
15 of time exceeding one (1) year provided that such contracts contain no penalty
16 to or restriction upon the state in the event cancellation is necessitated by
17 a lack of financing for any such contract or contracts;
18 (11) Is authorized and empowered to formulate recommend rules in for the
19 conduct of the office of the division bureau of purchasing, subject to the
20 approval of the director of the department of administration administrator of
21 the division of general services who shall have the authority to promulgate
22 rules under chapter 52, title 67, Idaho Code;
23 (12) In accordance with established rules, of the division, may enter into
24 negotiations for acquisitions;
25 (13) In accordance with established rules, may delegate purchasing author-
26 ity;
27 (14) May inspect property delivered by a contractor to determine whether
28 it meets minimum bid specifications;
29 (145) May classify, after review with the various agencies, the require-
30 ments of the state for all property which may be acquired and adopt standards
31 of quality for property, and establish standard specifications for acquisi-
32 tion. Each standard specification shall, until revised or rescinded, apply
33 alike in terms and effect to each future acquisition of the classified prop-
34 erty.
35 SECTION 82. That Section 67-5718, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 67-5718. REQUISITIONS FOR PROPERTY -- NOTICE -- FORM -- GUARANTEE -- PRO-
38 CEDURE FOR BIDDING. (1) The administrator of the division bureau chief of the
39 bureau of purchasing shall not make or cause to be made any acquisition until
40 a requisition for the property to be acquired has been submitted to his office
41 by the requisitioning agency, certifying to the satisfaction of the adminis-
42 trator bureau chief that there are proper funds or sufficient balance in
43 appropriations out of which the amount of the requisition may lawfully be
44 paid, except as provided to the contrary under provisions of this chapter
45 allowing emergency purchases.
46 (2) Notice shall be posted of all acquisitions of property, unless other-
47 wise excepted by rules of the division bureau. The notice may be posted
48 electronically. The administrator bureau chief shall also cause all
49 invitations to bid and requests for proposals to be posted manually in a con-
50 spicuous place in the office. The notice shall describe the property to be
51 acquired in sufficient detail to apprise a bidder of the exact nature or
52 functionality of the property required; and shall 20 set forth the bid opening
53 date, time and location.
67
1 (3) To enhance small business bidding opportunities, the administrator
2 bureau chief shall seek a minimum of three (3) bids from vendors having a sig-
3 nificant Idaho economic presence as defined in section 67-2349, Idaho Code.
4 (4) All sealed bids received shall be opened at the time and place speci-
5 fied, and in the public view open to the public, and a record of each bid
6 shall then and there be made. Contracts shall be awarded to and orders placed
7 with the lowest responsible bidder on the basis of initial proposals received
8 or, if applicable, following receipt and evaluation of best and final offers
9 or negotiations. The administrator bureau chief shall have the right to reject
10 any and all bids pursuant to rules established for the division bureau.
11 (5) Where both the bids and quality of property offered are the same,
12 preference shall be given to property of local and domestic production and
13 manufacture or from bidders having a significant Idaho economic presence as
14 defined in the Idaho Code. In connection with the award of any contract for
15 the placement of any order for state printing, binding, engraving or statio-
16 nery work, the provisions of sections 60-101 and 60-103, Idaho Code, shall
17 apply to the extent that the same may be inconsistent with any requirements
18 contained in this section.
19 (6) As used in this section, the word "sealed" does not preclude accep-
20 tance of electronically sealed and submitted bids in addition to bids manually
21 sealed and submitted.
22 SECTION 83. That Section 67-5718A, Idaho Code, be, and the same is hereby
23 amended to read as follows:
24 67-5718A. ACQUISITION OF PROPERTY BY CONTRACT -- AWARD TO MORE THAN ONE
25 BIDDER -- STANDARDS FOR MULTIPLE AWARDS -- APPROVAL BY ADMINISTRATOR BUREAU
26 CHIEF. (1) Notwithstanding any provision of this chapter to the contrary, the
27 administrator of the division bureau chief of the bureau of purchasing may
28 make an award of a contract to two (2) or more bidders to furnish the same or
29 similar property where more than one (1) contractor is necessary:
30 (a) To furnish the types of property and quantities required by state
31 agencies;
32 (b) To provide expeditious and cost-efficient acquisition of property for
33 state agencies; or
34 (c) To enable state agencies to acquire property which is compatible with
35 property previously acquired.
36 (2) No award of a contract to multiple bidders shall be made under this
37 section unless the administrator of the division bureau chief of the bureau of
38 purchasing makes a written determination showing that multiple awards satisfy
39 one (1) or more of the criteria set forth in this section.
40 (3) Where a contract for property has been awarded to two (2) or more
41 bidders in accordance with this section, a state agency shall make purchases
42 from the contractor whose terms and conditions regarding price, availability,
43 support services and delivery are most advantageous to the agency.
44 (4) A multiple award of a contract for property under this section shall
45 not be made when a single bidder can reasonably serve the acquisition needs of
46 state agencies. A multiple award of a contract shall only be made to the num-
47 ber of bidders necessary to serve the acquisition needs of state agencies.
48 SECTION 84. That Section 67-5719, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 67-5719. STATEMENT OF SUPPLIES ON HAND -- ESTIMATED REQUIREMENTS --
51 INSPECTIONS AND INVENTORIES. Every agency shall submit to the administrator
68
1 bureau chief of the bureau of purchasing, at such times as he may require, a
2 written statement containing full information as to all property then in such
3 agency and the estimated requirements of such agency for such period as the
4 administrator bureau chief may designate. Further, the administrator bureau
5 chief may, at any time, inspect or cause to be inspected and inventoried all
6 such property in any agency and it shall be the duty of each officer and
7 employee thereof to assist and furnish to the administrator bureau chief full
8 information for purposes of such examination or investigation.
9 SECTION 85. That Section 67-5720, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 67-5720. ACQUISITION IN OPEN MARKET -- EMERGENCY PURCHASES. (1) The
12 administrator bureau chief may allow:
13 (a) The purchase of property in the open market, provided such items are
14 not available from the maintenance of stocks authorized by section
15 67-5727, Idaho Code, where the administrator bureau chief finds that a
16 particular savings to the state may be had through the use of educational
17 discounts, acquisition of federal surplus or excess property, reverse pub-
18 lic auctions, where there is only one (1) vendor for the property to be
19 acquired or under other circumstances approved by the director of the
20 department of administration administrator of the division of general ser-
21 vices.
22 (b) The purchase of property by open purchase when immediate delivery of
23 property is required by the public exigencies and the administrator of the
24 division bureau chief of the bureau of purchasing has declared that an
25 emergency exists, but at all times such purchases shall be made under the
26 direction of the administrator of the division of general services.
27 (2) When there is only one (1) vendor for the property to be acquired,
28 unless the property is required for a life-threatening situation or a situa-
29 tion that is immediately detrimental to the public welfare or property, notice
30 of a sole source procurement shall be published. The notice may be electronic.
31 Payment vouchers for emergency acquisitions must contain upon their faces the
32 justification for such purchases.
33 SECTION 86. That Section 67-5722, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 67-5722. SALE, TRADE-IN OR EXCHANGE OF STATE PERSONAL PROPERTY. Whenever
36 any agency owns any personal property no longer economical to use, the admin-
37 istrator of the division bureau chief of the bureau of purchasing may dispose
38 of such property by exchanging the same in part payment for new property, as
39 provided for in this section. The administrator of the division bureau chief
40 of the bureau of purchasing shall include in his request for bids a full
41 description of the property to be exchanged as part payment and shall permit
42 vendors to examine the same, and the contract shall be awarded on the basis of
43 net cost to the state after allowance for the property to be exchanged in part
44 payment. In addition, the administrator of the division bureau chief of the
45 bureau of purchasing may permit an exchange of property in part payment for
46 new property acquisitions from contracts for the same or similar property.
47 Exchange of property will be permitted only when it is determined by the
48 administrator of the division bureau chief of the bureau of purchasing that
49 all other methods of disposal of the property sought to be exchanged will
50 yield a lesser monetary return to the state.
51 In accordance with the internal management policies, guidelines or
69
1 instructions of the board of examiners, the head of any agency may declare as
2 surplus any item of personal property.
3 SECTION 87. That Section 67-5723, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 67-5723. DISCOUNTS -- NEGOTIATIONS FOR REQUIRED RULES, REGULATIONS AND
6 PROCEDURES. Whenever any employee of an agency is charged with the responsi-
7 bility of acquiring property for and in behalf of the state, he shall, when-
8 ever and wherever possible, negotiate discounts normally given in the ordinary
9 course of business, including, but not limited to, discounts for prompt pay-
10 ment and discounts for bulk acquisitions.
11 It shall be the duty of the administrator bureau chief of the bureau of
12 purchasing to prescribe by rules and regulations the manner by which to obtain
13 and implement such discounts, and to do whatever is necessary to implement
14 such rules and regulations.
15 SECTION 88. That Section 67-5724, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 67-5724. CONTRACTS WITH FEDERAL GOVERNMENT OR ITS AGENCIES EXEMPT FROM
18 CERTAIN PROVISIONS. The administrator of the division bureau chief of the
19 bureau of purchasing, on behalf of any agency, and the comparable purchasing
20 officers of the several political subdivisions, municipal corporations and
21 public agencies of the state on behalf of such political subdivisions, munici-
22 pal corporations and public agencies, within the limits of available appropri-
23 ations and requisitions made for acquisition thereof, may enter into any con-
24 tract with the United States of America, or with any agency thereof, or with
25 any agency established for disposition or distribution of surplus federal
26 properties within this state, for the acquisition of any property, real or
27 personal, without regard to provisions of law which require either (1) the
28 posting of notices, (2) public advertising, (3) inviting or receiving of com-
29 petitive bids, or (4) delivery of property acquired before payment, in any
30 case where delivery may be constructively accomplished without manual posses-
31 sion.
32 SECTION 89. That Section 67-5724A, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 67-5724A. ACQUISITION OF PROPERTY -- GENERAL SERVICES ADMINISTRATION FED-
35 ERAL SUPPLY SCHEDULE CONTRACTS. Notwithstanding any provision in this chapter
36 to the contrary, the administrator of the division bureau chief of the bureau
37 of purchasing may, instead of soliciting bids, contract for services or prop-
38 erty at a price equal to or less than the contractor's current federal supply
39 contract price for sales to the general services administration of the United
40 States without the use of competitive bids so long as the contractor has indi-
41 cated a willingness in writing to extend such contractor pricing, terms and
42 conditions to the administrator bureau chief and the administrator bureau
43 chief considers the price to be advantageous to the state.
44 SECTION 90. That Section 67-5725, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 67-5725. PRESERVATION OF RECORDS -- WRITTEN CONTRACTS -- VOID CONTRACTS.
47 The administrator bureau chief of the bureau of purchasing shall preserve all
70
1 records of bids and acquisitions in his office, and information with respect
2 thereto, in such form as he shall prescribe for a period of three (3) years
3 after the date of final action, or for a period of time as may be proscribed
4 by the record retention guideline schedule approved by the director of the
5 department of administration rules, guidelines or procedures of the Idaho
6 state historical society. The records shall be subject to disclosure according
7 to chapter 3, title 9, Idaho Code. Notwithstanding the foregoing, when an
8 invitation to bid or a request for proposals is canceled prior to award of a
9 purchase order or contract, the administrator bureau chief shall immediately
10 return all bids or proposals to the submitting vendor and those bids or pro-
11 posals shall not be subject to disclosure under chapter 3, title 9, Idaho
12 Code.
13 Every contract made by the administrator bureau chief in behalf of the
14 state shall be reduced to writing and signed by the contracting parties with
15 their names at the end thereof and filed in the office of the administrator
16 bureau chief, together with all bids, specifications, and all other documents
17 and records associated with the acquisition or intended acquisition.
18 All contracts or agreements made in violation of the provisions of this
19 chapter shall be void and any sum of money advanced by the state of Idaho in
20 consideration of any such contract or agreement shall be repaid forthwith. In
21 the event of refusal or delay when repayment is demanded by the proper officer
22 of the state of Idaho, under whose authority such contract or agreement shall
23 have been made or entered into, every person so refusing or delaying, together
24 with his surety or sureties, shall be forthwith prosecuted at law for the
25 recovery of such sum of money so advanced.
26 SECTION 91. That Section 67-5726, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 67-5726. PROHIBITIONS. (1) No contract or order or any interest therein
29 shall be transferred by the contractor or vendor to whom such contract or
30 order is given to any other party, without the approval in writing of the
31 administrator bureau chief. Transfer of a contract without approval shall
32 cause the annulment of the contract so transferred, at the option of the
33 state. All rights of action, however, for any breach of such contract by the
34 contracting parties are reserved to the state. No member of the legislature
35 or any officer or employee of any branch of the state government shall
36 directly, himself, or by any other person in trust for him or for his use or
37 benefit or on his account, undertake, execute, hold or enjoy, in whole or in
38 part, any contract or agreement made or entered into by or on behalf of the
39 state of Idaho, if made by, through, or on behalf of the department in which
40 he is an officer or employee; or if made by, through or on behalf of any other
41 department unless the same is made after competitive bids.
42 (2) Except as provided by section 67-5718, Idaho Code, no officer or
43 employee shall influence or attempt to influence the award of a contract to a
44 particular vendor, or to deprive or attempt to deprive any vendor of an acqui-
45 sition contract.
46 (3) No officer or employee shall conspire with a vendor or its agent, and
47 no vendor or its agent shall conspire with an officer or employee, to influ-
48 ence or attempt to influence the award of a contract, or to deprive or attempt
49 to deprive a vendor of an acquisition award.
50 (4) No officer or employee shall fail to utilize an open contract without
51 justifiable cause for such action. No officer or employee shall accept prop-
52 erty which he knows does not meet specifications or substantially meet the
53 original performance test results.
71
1 (5) Deprivation, influence or attempts thereat shall not include written
2 reports, based upon substantial evidence, sent to the administrator bureau
3 chief of the division bureau of purchasing concerning matters relating to the
4 responsibility of vendors.
5 (6) No vendor or related party, or subsidiary, or affiliate of a vendor
6 may submit a bid to obtain a contract to provide property to the state, if the
7 vendor or related party, or affiliate or subsidiary was paid for services uti-
8 lized in preparing the bid specifications or if the services influenced the
9 procurement process.
10 SECTION 92. That Section 67-5727, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-5727. MAINTENANCE OF STOCKS -- REQUISITIONS FROM STOCKS -- PAYMENT.
13 The administrator bureau chief is authorized to acquire, in the manner pro-
14 vided by this chapter and maintain on hand, reasonable stocks of property,
15 excluding services commonly and currently being consumed in the several offi-
16 ces, departments and institutions of the state, in anticipation of requisi-
17 tions therefor, and for that purpose to utilize the revolving account provided
18 by this chapter.
19 Upon requisition by any agency for acquisition of any property, excluding
20 service, a stock of which is on hand, such agency shall be furnished such
21 property from the maintained stock and payment shall be made therefor from the
22 agency appropriations applicable in the manner provided by this chapter, upon
23 such cost basis as may be determined by the administrator bureau chief.
24 SECTION 93. That Section 67-5727A, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 67-5727A. PARTICIPATION IN GROUP DISCOUNT PURCHASING. (1) In addition to
27 other means of procuring stocks of commonly used items, the division adminis-
28 trator bureau chief of the bureau of purchasing may become or may authorize an
29 agency to become a participating member of a group discount purchasing organi-
30 zation, if the administrator bureau chief finds that:
31 (a) The items to be acquired are at least equal in quality to similar
32 items or the same items that the agency uses;
33 (b) The items to be acquired are less costly to the state than if
34 acquired by other means authorized in this chapter;
35 (c) The state's participation in the organization is formalized by a
36 written contract that extends for no longer than one (1) year at a time;
37 and
38 (d) The state's entrance fee, or participation fee, in the organization
39 is based on criteria applied to all other members of the organization,
40 provides no ownership rights.
41 (2) Any contract entered into under the provisions of this section shall
42 be maintained on file with the division bureau, as well as with the any agency
43 entering into the contract.
44 (3) Items acquired shall be used solely by state departments and agencies
45 and may not be transferred from state ownership until useful life is extin-
46 guished and may not be provided to individuals except those in the custody of
47 the state or to those receiving direct personal services from the state.
48 SECTION 94. That Section 67-5729, Idaho Code, be, and the same is hereby
49 amended to read as follows:
72
1 67-5729. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT. All rules of the
2 division bureau of purchasing shall be adopted in accordance with the provi-
3 sions of chapter 52, title 67, Idaho Code. Only appeals conducted as contested
4 cases pursuant to section 67-5733(1)(c)(iiiv), Idaho Code, shall be subject to
5 the judicial review provisions of chapter 52, title 67, Idaho Code. This sec-
6 tion shall not impair any contract right or contract remedy which may exist
7 between the state and a properly licensed contractor or vendor.
8 The determinations officer provided in this chapter may subpoena witnesses
9 and evidence and administer oaths.
10 In the event that a determinations officer is appointed pursuant to the
11 provisions of section 67-5733, Idaho Code, any vendor who has submitted a
12 responsive bid in the process under review shall, notwithstanding any other
13 disability, have standing to intervene in the proceeding as a party and such
14 intervenor may participate in the purchase appeal or an appeal from any final
15 order entered in a contested case conducted under section 67-5733(1)(c)(iiiv),
16 Idaho Code.
17 SECTION 95. That Section 67-5730, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 67-5730. QUALIFICATION OF VENDORS -- DISQUALIFICATION OF VENDORS --
20 NOTICE -- APPEALS. (1) No vendor shall be allowed to submit a bid unless such
21 vendor is qualified. All vendors are qualified unless disqualified.
22 (2) Vendors may be disqualified for any of the following reasons:
23 (a) Failure to perform according to the terms of any agreement;
24 (b) Attempts by whatever means to cause acquisition specifications to be
25 drawn so as to favor a specific vendor;
26 (c) Use of the provisions of this chapter to obstruct or unreasonably
27 delay acquisitions by the state. Obstruction is hereby defined as a lack
28 of success in more than fifty percent (50%) of the specification chal-
29 lenges made in each of three (3) different acquisitions during any twenty-
30 four (24) month period;
31 (d) Perjury in a vendor disqualification hearing;
32 (e) To knowingly violate the provisions of this chapter; or
33 (f) Debarment, suspension or ineligibility from federal contracting of
34 the vendor, its principals or affiliates.
35 (3) A vendor shall be notified by registered mail within ten (10) days of
36 disqualification and may, within thirty (30) days of the receipt of such
37 notice, request of the director administrator of the department of administra-
38 tion division of general services a hearing before a determinations officer.
39 Any hearings shall be held in accordance with chapter 52, title 67, Idaho
40 Code.
41 (4) In lieu of disqualification, the determinations officer may recommend
42 to the director of the department of administration administrator of the divi-
43 sion of general services specific conditions to the vendor's continued partic-
44 ipation in acquisitions by the state.
45 (5) Disqualification or conditions may be imposed for a period of not
46 less than six (6) months or not more than five (5) years.
47 SECTION 96. That Section 67-5732, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 67-5732. RULES. In addition to any other rules promulgated by the admin-
50 istrator bureau chief, he shall adopt rules which shall serve to enhance the
51 intent of this chapter. Among the subjects addressed shall be rules addressing
73
1 specifications development, performance testing and the submission and evalua-
2 tion of bids.
3
4 SECTION 97. That Section 67-5733, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 67-5733. DIVISION BUREAU OF PURCHASING -- APPEALS.
7 (1) (a) There shall be, beginning with the day of receipt of notice, a
8 period of not more than ten (10) working days in which any vendor, quali-
9 fied and able to sell or supply the items to be acquired, may notify in
10 writing the administrator of the division bureau chief of the bureau of
11 purchasing of his intention to challenge the specifications and shall spe-
12 cifically state the exact nature of his challenge. The specific challenge
13 shall describe the location of the challenged portion or clause in the
14 specification document, unless the challenge concerns an omission, explain
15 why any provision should be struck, added or altered, and contain sug-
16 gested corrections.
17 Upon receipt of the challenge, the administrator of the division
18 bureau chief of the bureau of purchasing shall either deny the challenge,
19 and such denial shall be considered the final agency decision, or he shall
20 present the matter to the director of the department of administration
21 administrator of the division of general services for appointment of a
22 determinations officer. If the director administrator of the department of
23 administration division of general services appoints a determinations
24 officer, then all vendors, who are invited to bid on the property sought
25 to be acquired, shall be notified of the appeal and the appointment of
26 determinations officer and may indicate in writing their agreement or dis-
27 agreement with the challenge within five (5) days. The notice to the ven-
28 dors may be electronic. Any vendor may note his agreement or disagreement
29 with the challenge. The determinations officer may, on his own motion,
30 refer the challenge portion and any related portions of the challenge to
31 the author of the specification to be rewritten with the advice and com-
32 ments of the vendors capable of supplying the property; rewrite the speci-
33 fication himself and/or reject all or any part of any challenge. If speci-
34 fications are to be rewritten, the matter shall be continued until the
35 determinations officer makes a final determination of the acceptability of
36 the revised specifications.
37 The administrator shall bureau chief may reset the bid opening no
38 later than fifteen (15) days after upon final determination of challenges
39 or the amendment of the specifications. If the administrator denies the
40 challenge, then the bid opening date shall not be reset.
41 The final decision of the determinations officer or administrator
42 bureau chief on the challenge to specifications shall not be considered a
43 contested case within the meaning of the administrative procedure act;
44 provided that a vendor disagreeing with specifications may include such
45 disagreement as a reason for asking for appointment of a determinations
46 officer pursuant to section 67-5733(1)(c), Idaho Code.
47 (b) There shall be, beginning with the day following receipt of notice of
48 rejection, a period of five (5) working days in which a bidder whose bid
49 was found nonresponsive may appeal such decision to the director of the
50 department of administration administrator of the division of general ser-
51 vices. A nonresponsive bid, within the meaning of this chapter, is a bid
52 which does not comply with the bid invitation and specifications. and
53 shall not apply to a vendor whose bid is considered but who is determined
54 not to be the lowest responsible bidder as defined in this chapter. The
74
1 director administrator shall:
2 (i) Deny the application; or
3 (ii) Reverse the nonresponsiveness decision; or
4 (iii) Appoint a determinations officer to review the record and sub-
5 mit a recommended order to the director administrator to affirm or
6 reverse the administrator's bureau chief's decision of bid nonrespon-
7 siveness.
8 The director If a determinations officer is appointed, the administrator
9 of the division of general services shall, upon receipt of a written rec-
10 ommendation from the determinations officer, sustain, modify or reverse
11 the administrator's bureau chief's nonresponsive bid decision. An appeal
12 conducted under the provisions of this subsection shall not be considered
13 a contested case and shall not be subject to judicial review under the
14 provisions of chapter 52, title 67, Idaho Code.
15 (c) A vendor whose bid is considered responsive bidder may, within five
16 (5) working days following receipt of notice that he is not the lowest
17 responsible bidder, apply to the director of the department of administra-
18 tion administrator of the division of general services for appointment of
19 a determinations officer. The application shall set forth in specific
20 terms the reasons why the administrator's intent to award decision is
21 thought to be erroneous. Upon receipt of the application, the director
22 administrator shall within three five (35) working days:
23 (i) Deny the application, and such denial shall be considered the
24 final agency decision; or
25 (ii) Reverse the intent to award determination;
26 (iii) Appoint a determinations officer to review the record to deter-
27 mine whether the administrator's selection of the lowest responsible
28 bidder is correct; or
29 (iiiv) Appoint a determinations officer with authority to conduct a
30 contested case hearing in accordance with the provisions of chapter
31 52, title 67, Idaho Code.
32 A determinations officer appointed pursuant to section
33 67-5733(1)(c)(iii), Idaho Code, shall inform the director administrator by
34 written recommendation whether, in his opinion, the administrator's bureau
35 chief's selection of the lowest responsible bidder is correct. The deter-
36 minations officer in making this recommendation may rely on the documents
37 of record, statements of employees of the state of Idaho participating in
38 any phase of the selection process, and statements of any vendor submit-
39 ting a bid. A contested case hearing shall not be allowed and the determi-
40 nations officer shall not be required to solicit statements from any per-
41 son. Upon receipt of the recommendation from the determinations officer,
42 the director administrator shall sustain, modify or reverse the decision
43 of the administrator bureau chief on the selection of the lowest responsi-
44 ble bidder or the director administrator may appoint a determinations
45 officer pursuant to section 67-5733(1)(c)(iiiv), Idaho Code.
46 A determinations officer appointed pursuant to section
47 67-5733(1)(c)(iiiv), Idaho Code, shall conduct a contested case hearing
48 and upon conclusion of the hearing shall prepare findings of fact, conclu-
49 sions of law and a recommended order for the director of the department of
50 administration administrator of the division of general services. Upon
51 receipt of the findings of fact, conclusions of law and recommended order,
52 the director administrator shall enter a final order sustaining, modifying
53 or reversing the decision of the administrator bureau chief on the selec-
54 tion of the lowest responsible bidder.
55 (d) In the case of a sole source procurement, there shall be a period of
75
1 not more than five (5) working days from the last date of public notice in
2 which any vendor, able to sell or supply the item(s) to be acquired, may
3 notify the administrator of the division bureau chief of the bureau of
4 purchasing, in writing, of his intention to challenge the sole source pro-
5 curement and briefly explain the nature of the challenge.
6 Upon receipt of the challenge, the director administrator shall
7 either:
8 (i) Deny the application; or
9 (ii) Reverse the sole source determination; or
10 (iii) Appoint a determinations officer to review the record and sub-
11 mit a recommended order to the director administrator to affirm or
12 reverse the administrator's bureau chief's sole source determination.
13 The director administrator shall, upon receipt of a written recommen-
14 dation from the determinations officer, sustain, modify or reverse the
15 administrator's bureau chief's sole source determination. An appeal con-
16 ducted under the provisions of this subsection shall not be considered a
17 contested case and shall not be subject to judicial review under the pro-
18 visions of chapter 52, title 67, Idaho Code.
19 (e) The administrator of the division bureau chief of the bureau of pur-
20 chasing may, on his own initiative, file a complaint with the director
21 administrator for a hearing before a determinations officer. The director
22 administrator shall appoint a determinations officer who shall make writ-
23 ten recommendations to the director and the director administrator and the
24 administrator shall render whatever decision is necessary to resolve the
25 complaint.
26 (2) The director of the department of administration administrator of the
27 division of general services is hereby authorized and directed to appoint a
28 determinations officer whenever one is required by this chapter. The officer
29 shall meet and render whatever determination is called for. When a complaint
30 is filed pursuant to section 67-5733(1)(b), Idaho Code, no bid may be awarded
31 until the final decision is rendered by the director of the department of
32 administration administrator of the division of general services; provided
33 that in all other cases where a determinations officer is appointed by the
34 director, the director administrator, the administrator shall have the power
35 to allow the acquisition contract to be awarded to the successful bidder prior
36 to or after the decision of the determinations officer if he determines such
37 award to be in the best interest of the state. Any determinations officer
38 appointed pursuant to this section shall exist serve as such only for the
39 duration of unresolved complaints on an acquisition and shall be dismissed
40 upon resolution of all such complaints. The determinations officer shall be
41 guided in his determination by the best economic interests of the state for
42 both the near future and more extended periods of time. In addition to the
43 powers conferred on the determinations officer, the director of the department
44 of administration administrator of the division of general services may:
45 impose the penalty prescribed by section 67-5734(3), Idaho Code; enjoin any
46 activity which violates this chapter; direct that bids be rejected, or sus-
47 tained; direct that specifications be rejected, sustained or modified; and
48 direct further legal action.
49 (3) Challenges or appeals conducted pursuant to section 67-5733(1)(a),
50 (1)(b), (1)(c)(i), or (1)(c)(ii) or (1)(c)(iii), Idaho Code, shall not be con-
51 sidered to be a contested case as that term is defined in the administrative
52 procedure act. An appeal conducted pursuant to section 67-5733(1)(c)(iiiv),
53 Idaho Code, shall be conducted as a contested case according to the provisions
54 of chapter 52, title 67, Idaho Code.
76
1 SECTION 98. That Section 67-5734, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 67-5734. PENALTIES. (1) Any person convicted of a violation of subsection
4 (1), (2), or (6) of section 67-5726, Idaho Code, shall be guilty of a misde-
5 meanor.
6 (2) Any person convicted of a violation of subsection (3) of section
7 67-5726, Idaho Code, shall be guilty of a felony.
8 (3) Any officer or employee found to have violated the provisions of sub-
9 section (4) of section 67-5726, Idaho Code, may, by order of the determina-
10 tions officer administrator, be suspended without pay for not more than ninety
11 (90) working days, have a reprimand entered in his personnel file, or both.
12 SECTION 99. That Section 67-5735, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-5735. PROCESSING -- REIMBURSEMENT OF CONTRACTOR. Within ten (10) days
15 after the property acquired is delivered as called for by the bid specifica-
16 tions, the acquiring agency shall complete all processing required of that
17 agency to permit the contractor to be reimbursed according to the terms of the
18 bid. Within ten (10) days of receipt of the documents necessary to permit
19 reimbursement of the contractor according to the terms of the contract, the
20 state controller shall cause a warrant to be issued in favor of the contractor
21 and delivered. Contracts let or entered into by or through the division bureau
22 of purchasing are exempt from the provisions of section 67-2302, Idaho Code;
23 provided, however, that late contract payments may be assessed interest by the
24 vendor at the rate set forth in section 63-3045, Idaho Code, unless another
25 rate is established by contract.
26 SECTION 100. That Title 46, Idaho Code, be, and the same is hereby
27 amended by the addition thereto of a NEW HEADING, to be known and designated
28 as Chapter 13, Title 46, Idaho Code, and to read as follows:
29 CHAPTER 13
30 ADJUTANT GENERAL ADDITIONAL DUTIES
31 SECTION 101. That Section 67-5740, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 67-5740 46-1301. ADDITIONAL AUTHORITY AND DUTIES OF THE ADMINISTRATOR OF
34 THE DIVISION OF PURCHASING ADJUTANT GENERAL. (a) The administrator of the
35 division of purchasing adjutant general is authorized and empowered (1) to
36 acquire from the United States of America under and in conformance with the
37 provisions of section 203(j) [40 U.S.C. sec. 484(j)] of the Ffederal Pproperty
38 and Aadministrative Sservices Aact of 1949, as amended, hereinafter referred
39 to as the "Aact," such property, including equipment, materials, books, or
40 other supplies under the control of any department or agency of the United
41 States of America as may be usable and necessary for purposes of education,
42 public health or civil defense, including research for any such purpose, and
43 for such other purposes as may now or hereafter be authorized by federal law;
44 (2) to warehouse such property; and (3) to distribute such property within the
45 state to tax-supported medical institutions, hospitals, clinics, health cen-
46 ters, school systems, schools, colleges, and universities within the state, to
47 other nonprofit medical institutions, hospitals, clinics, health centers,
48 schools, colleges and universities which have been held exempt from taxation
77
1 under section 501(c)(3) [26 U.S.C. sec. 501(c)(3)] of the United States Inter-
2 nal Revenue Code of 1954 as defined in section 63-3004, Idaho Code, to civil
3 defense organizations of the state, or political subdivisions and instrumen-
4 talities thereof, which are established pursuant to state law, and to such
5 other types of institutions or activities as may now be or hereafter become
6 eligible under federal law to acquire such property.
7 (b) The administrator adjutant general is hereby authorized to receive
8 applications from eligible institutions for the acquisition of federal surplus
9 real property, investigate the same, obtain expression of views respecting
10 such applications from the appropriate health or educational authorities of
11 the state, make recommendations regarding the need of such applicant for the
12 property, the merits of its proposed program of utilization, the suitability
13 of the property for such purposes, and otherwise assist in the processing of
14 such applications for acquisition of real and related personal property of the
15 United States under section 203(k) [40 U.S.C. sec. 484(k)] of the act.
16 (c) For the purpose of executing its authority under this chapter, the
17 administrator adjutant general is authorized and empowered to adopt, amend, or
18 rescind such rules and prescribe such requirements as may be deemed necessary
19 and take such other action as is deemed necessary and suitable, in the admin-
20 istration of this chapter, to assure maximum utilization by and benefit to
21 health, educational and civil defense and other eligible institutions and
22 organizations within the state from property distributed under this chapter.
23 (d) The administrator, subject to approval of the director of administra-
24 tion adjutant general, is authorized and empowered to appoint advisory boards
25 or committees, who shall be compensated as provided by section 59-509(b),
26 Idaho Code, and to employ such personnel and to fix their compensation and
27 prescribe their duties, as are deemed necessary and suitable for the adminis-
28 tration of this chapter. Expenditures incurred hereunder shall be paid as are
29 other claims against the state.
30 (e) The administrator adjutant general is authorized and empowered to
31 make such certifications, take such action, make such expenditures and enter
32 into such contracts, agreements and undertakings for and in the name of the
33 state, (including cooperative agreements with any federal agencies providing
34 for utilization by and exchange between them of the property, facilities, per-
35 sonnel and services of each by the other), require such reports and make such
36 investigations as may be required by law or regulation of the United States of
37 America in connection with the disposal of real property and the receipt,
38 warehousing, and distribution of personal property received by him from the
39 United States of America; provided, that all expenditures, contracts, agree-
40 ments and undertakings for and in the name of the state shall have the
41 approval of the state board of examiners.
42 (f) The administrator adjutant general is authorized and empowered to act
43 as a clearing house clearinghouse of information for the public and private
44 nonprofit institutions, organizations and agencies referred to in subparagraph
45 subsection (a) of this section, and other institutions eligible to acquire
46 federal surplus real property, to locate both real and personal property
47 available for acquisition from the United States of America, to ascertain the
48 terms and conditions under which such property may be obtained, to receive
49 requests from the above mentioned abovementioned institutions, organizations
50 and agencies and to transmit to them all available information in reference to
51 such property, and to aid and assist such institutions, organizations and
52 agencies in every way possible in the consummation of acquisitions or transac-
53 tions hereunder.
54 (g) The administrator adjutant general, in the administration of this
55 chapter, shall cooperate to the fullest extent consistent with the provisions
78
1 of the act, with the departments or agencies of the United States of America
2 and shall file a state plan of operation, operate in accordance therewith, and
3 take such action as may be necessary to meet the minimum standard prescribed
4 in accordance with the act, and make such reports in such form and containing
5 such information as the United States of America or any of its departments or
6 agencies may from time to time require, and it shall comply with the laws of
7 the United States of America and the rules and regulations of any of the
8 departments or agencies of the United States of America governing the alloca-
9 tion, transfer, use or accounting for, property donable or donated to the
10 state.
11 (h) The administrator adjutant general, with approval of the board of
12 examiners, is authorized to contract with agencies of other states responsible
13 for the handling of surplus property for:
14 (1) The acquisition, warehousing, and distribution of surplus property on
15 behalf of the state of Idaho and the delivery of surplus property within
16 the state of Idaho; and
17 (2) The acquisition, warehousing, and distribution of surplus property on
18 behalf of other states and the delivery of surplus property in other
19 states; provided, that any contract negotiated under the authority of this
20 subparagraph (2) shall obligate the other states to pay the cost of the
21 surplus property and the administrative costs incurred in the acquisition,
22 warehousing, and distribution of the surplus property; and
23 (3) The furnishing of any services to the state of Idaho concerning the
24 acquisition, warehousing, and distribution of surplus property, and the
25 sorting, dividing into lots, crating, preparing for shipment, and any
26 other handling of surplus property for the state of Idaho.
27 SECTION 102. That Section 67-5741, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 67-5741 46-1302. DELEGATION OF DUTIES -- BONDING OF AGENCY PERSONNEL. The
30 director of the department of administration adjutant general may delegate to
31 any of his employees of the division of purchasing such authority as he deems
32 reasonable and proper for the effective administration of this act chapter.
33 The director adjutant general may utilize the services of officers and employ-
34 ees of any of the state departments and any other governmental agencies of the
35 state receiving surplus property under the provisions of this act chapter, and
36 all such departments and agencies are hereby authorized to assist and cooper-
37 ate with the director adjutant general in the administration of this act chap-
38 ter. Any person in the employ of the division of purchasing federal surplus
39 property agency may in the discretion of the governor be required to execute
40 and deliver to the governor a bond payable to the state in such amount as may
41 be fixed by the governor, conditioned upon the proper care, disbursement, and
42 accounting of all funds and the proper care, distribution, and accounting of
43 all property received from the United States under the authority of this act;
44 provided, however, the governor may accept an adequate indemnity bond covering
45 all or part of the persons so accountable and responsible.
46 SECTION 103. That Section 67-5742, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 67-5742 46-1303. DELEGATION OF AUTHORITY TO ACQUIRE SURPLUS PROPERTY. Any
49 provision of law to the contrary notwithstanding, the governing board, or in
50 case there be none, the executive head, of any state department, instrumental-
51 ity, or agency or of any county, city, school district or other political sub-
79
1 division may by order or resolution confer upon any officer or employee
2 thereof continuing authority from time to time to secure the transfer to it of
3 surplus property under this act chapter and to obligate the state or political
4 subdivision to the extent necessary to comply with the terms and conditions of
5 such transfers. The authority conferred upon any such officer or employee by
6 any such order or resolution shall remain in effect unless and until the order
7 or resolution is duly revoked and written notice of such revocation shall have
8 been received by the administrator of the division of purchasing adjutant gen-
9 eral.
10 SECTION 104. That Section 67-5743, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-5743 46-1304. TRANSFER CHARGES. The administrator of the division of
13 purchasing adjutant general is hereby authorized to make charges and to
14 assess fees from the recipient of any surplus property acquired and distrib-
15 uted under this act chapter. Any charges made or fees assessed by the adminis-
16 trator adjutant general for the acquisition, warehousing, distribution, or
17 transfer of any property of the United States of America for educational, pub-
18 lic health or civil defense purposes, including research, shall be limited to
19 those reasonably related to the costs of care and handling in respect to its
20 acquisition, receipt, warehousing, distribution or transfer by the surplus
21 property agency and, in the case of real property, such charges and fees shall
22 be limited to the reasonable administrative costs of the division adjutant
23 general incurred in effecting transfer.
24 SECTION 105. That Section 67-5744, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 67-5744 46-1305. SURPLUS PROPERTY REVOLVING FUND MAINTAINED -- CHARGES
27 AND FEES, DEPOSITION. The surplus property revolving fund, as created by chap-
28 ter 161, laws of 1957, is hereby maintained and continued to carry out the
29 provisions of sections 67-5740--67-5744, Idaho Code. The charges or fees
30 received by the division of purchasing adjutant general for acquisition, ware-
31 housing, distribution or transfer of surplus property shall be deposited and
32 credited to the said surplus property revolving fund, which fund shall be
33 available for expenditure in administering the provisions of sections
34 67-5740--67-5744 46-1301 through 46-1305, Idaho Code, including payment of the
35 actual expenses of current operations and the purchase of necessary equipment,
36 and the acquisition and maintenance of a working capital reserve within the
37 surplus property revolving fund. Any prior appropriation made to the revolving
38 fund is hereby declared to be exempt from the provisions of the Sstandard
39 Aappropriations Aact of 1945.
40 The amount of the working capital reserve in any fiscal year shall be
41 determined by the director of the department of administration adjutant gen-
42 eral and shall not exceed an amount equivalent to the estimated cost of opera-
43 tion of the surplus property function of the division adjutant general for the
44 next succeeding fiscal year; provided, however, that accounts receivable which
45 are uncollectible and all liabilities incurred in the performance of sections
46 67-5740--67-5744 46-1301 through 46-1305, Idaho Code, including the unrepaid
47 balance of the amount heretofore appropriated to the surplus property revolv-
48 ing fund from the general fund of the state of Idaho, shall be deducted from
49 current assets in determining, as of the end of any fiscal year, the amount of
50 working capital reserve for the next succeeding fiscal year.
51 In any fiscal year the director of administration adjutant general may
80
1 transfer from the surplus property revolving fund to the general fund of the
2 state of Idaho any sum not exceeding the unrepaid balance of the amount here-
3 tofore appropriated to the surplus property revolving fund. Upon termination
4 or repeal of sections 67-5740--67-5744 46-1301 through 46-1305, Idaho Code,
5 any balance remaining in said revolving fund not exceeding the unrepaid bal-
6 ance of the amount heretofore appropriated to the surplus property revolving
7 fund is hereby transferred to and made a part of the general fund of the
8 state, and any balance remaining in the said revolving fund in excess of the
9 said unrepaid balance shall be disposed for the benefit of qualified public
10 health, educational, civil defense, and other organizations or institutions
11 within the state of Idaho in accordance with the requirements of federal law.
12 SECTION 106. That Section 67-5745, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-57453504A. DECLARATION OF PURPOSE. The legislature finds that advances
15 in information technology and telecommunications present significant opportu-
16 nities for the state of Idaho to improve the efficiency and productivity of
17 state and local government, to promote, develop and diversify its economy, to
18 encourage public access to government information and to enhance lifelong
19 educational and training opportunities. The implications of these information
20 technology and telecommunications advances require a centralized and coordi-
21 nated strategic planning process involving the expertise and participation of
22 experienced persons from both state and local government and the private sec-
23 tor. The establishment of the information technology resource management
24 council in the division of financial management will facilitate a centralized
25 approach to the acquisition and evaluation of necessary technical information
26 and the informed development of a statewide strategic plan to ensure a coordi-
27 nated approach to the design, procurement and implementation of information
28 technology and telecommunications systems for both state government and the
29 public.
30 SECTION 107. That Section 67-5745A, Idaho Code, be, and the same is
31 hereby amended to read as follows:
32 67-5745A3504B. DEFINITIONS. As used in this chapter:
33 (1) "Information technology" means all present and future forms of com-
34 puter hardware, computer software and services used or required for automated
35 data processing, computer-related office automation or telecommunications.
36 (2) "State agencies" means all state agencies or departments, boards,
37 commissions, councils and institutions of higher education, but shall not
38 include the elected constitutional officers and their staffs, the legislature
39 and its staffs or the judiciary.
40 (3) "Telecommunications" means all present and future forms of hardware,
41 software or services used or required for transmitting voice, data, video or
42 images over a distance.
43 SECTION 108. That Section 67-5745B, Idaho Code, be, and the same is
44 hereby amended to read as follows:
45 67-5745B3504C. INFORMATION TECHNOLOGY RESOURCE MANAGEMENT COUNCIL -- COM-
46 POSITION -- APPOINTMENT AND TERM OF OFFICE -- REIMBURSEMENT -- CONTRACTING FOR
47 NECESSARY SERVICES. (1) An information technology resource management council
48 is hereby created within the department of administration division of finan-
49 cial management. The council shall consist of sixteen (16) members who shall
81
1 each serve a term of office of two (2) years. For purposes of the initial
2 appointments, the eight (8) members of the council to be appointed by the gov-
3 ernor shall be appointed for a one (1) year term. The governor shall appoint
4 eight (8) members of the council as follows: a chairman, two (2) executive
5 agency officers, an information technology executive from private industry, a
6 public safety official, a state information systems manager, a representative
7 from local government and a representative for rural interests. The remaining
8 membership of the council shall be comprised of the following: two (2) per-
9 sons appointed by the president pro tempore of the senate and two (2) persons
10 appointed by the speaker of the house of representatives, one (1) from each of
11 the two (2) largest parties, to represent the legislative branch of state gov-
12 ernment; one (1) person appointed by the chief justice of the supreme court to
13 represent the judicial branch of state government; the state controller; the
14 state superintendent of public instruction; and the executive officer of the
15 state board of education. All appointed members of the council shall serve at
16 the pleasure of the appointing authority.
17 (2) The council shall hold no fewer than four (4) regular meetings annu-
18 ally at such time and place as may be directed by its chairman. The council
19 may meet more frequently at the call of the chairman or if requested by a
20 majority of the council's members. Members of the council shall serve with no
21 salary or benefits, but are entitled to reimbursement as provided in section
22 59-509(b), Idaho Code.
23 (3) The council may contract for professional services or assistance when
24 necessary or desirable to carry out its powers and duties.
25 SECTION 109. That Section 67-5745C, Idaho Code, be, and the same is
26 hereby amended to read as follows:
27 67-5745C3504D. GENERAL POWERS AND DUTIES OF THE COUNCIL. The council
28 shall:
29 (1) Review and evaluate the information technology and telecommunications
30 systems presently in use by state agencies;
31 (2) Prepare statewide short-range and long-range information technology
32 and telecommunications systems plans to meet the needs of state agencies;
33 (3) Within the context of its strategic plans, establish statewide infor-
34 mation technology and telecommunications policies, standards, guidelines, con-
35 ventions and comprehensive risk assessment criteria that will assure uniform-
36 ity and compatibility of such systems within state agencies;
37 (4) Recommend and coordinate the use and application of state agencies'
38 information technology and telecommunications resources;
39 (5) Review and approve large-scale information technology and telecommu-
40 nications projects including, but not limited to, risk assessment
41 methodologies used by state agencies using council risk assessment criteria,
42 for state agencies;
43 (6) Review state agencies' compliance with statewide information technol-
44 ogy and telecommunications systems plans;
45 (7) Recommend cost-efficient procedures for state agencies' acquisition
46 and procurement of information technology and telecommunications systems;
47 (8) Upon request, provide technical expertise to state government and any
48 other governmental entity;
49 (9) Maintain a continuous and comprehensive inventory of information
50 technology and telecommunications systems within state agencies;
51 (10) In accordance with statutes governing the availability or confidenti-
52 ality of public records and information, establish guidelines for the acces-
53 sing of public information by the public;
82
1 (11) On an annual basis, publish a report of the activities of the council
2 for provision to the governor and the legislature;
3 (12) Recommend the enactment or promulgation of any statutes or rules nec-
4 essary to carry out the statewide information technology and telecommunica-
5 tions systems plans which rules shall be promulgated by the administrator of
6 the division of financial management;
7 (13) Enter into contracts for professional services and assistance not
8 otherwise available in state government;
9 (14) Encourage and promote the development and growth of the information
10 technology industry in the state in accordance with sound business principles
11 and practices;
12 (15) Encourage and promote cooperative information technology efforts and
13 activities between the state, private enterprise and the public;
14 (16) Encourage and support education and training opportunities relating
15 to information technology and telecommunications; and
16 (17) Perform any additional functions consistent with the purpose of this
17 act which are necessary and appropriate for the proper conduct of the council.
18 SECTION 110. That Section 67-5746, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 67-5746. INVENTORY OF CHATTELS -- CONTENTS -- DUTIES OF OFFICERS AND
21 EMPLOYEES -- RECORDING -- ANNUAL REVISION -- OPEN TO INSPECTION. All agency
22 directors shall develop and maintain an inventory system, meeting minimum
23 requirements as set forth by the department of administration division of gen-
24 eral services, for all personal property which the agency owns or is responsi-
25 ble for whether under terms of any contract, grant, or otherwise.
26 To maintain uniformity among the various agency property inventory sys-
27 tems, the department of administration division of general services shall
28 develop and distribute to each agency minimum requirements for each inventory
29 system. Each agency shall feel free to add additional functions beyond those
30 minimums to meet their requirements. The inventory shall be recorded in a per-
31 manent record to be kept for that purpose, showing as a minimum a description
32 of the property, where located, acquisition cost or estimated fair market
33 value, and date of acquisition, its estimated current replacement cost, and
34 the account or unit within the responsible agency. Each agency may add addi-
35 tional functions beyond these minimums to meet their agency requirements.
36 Each state agency director shall be accountable for the maintenance, secu-
37 rity, and efficient economic use, as well as the verification of physical
38 location and condition of all personal property belonging to that agency.
39 The agency director shall be responsible for conducting an annual inven-
40 tory of all personal property by no later than the first day of March of each
41 fiscal year. Further, each agency director shall make a written report to the
42 director of the department of administration administrator of the division of
43 general services that the inventory has been completed by the end of the first
44 week of March of each year on a form developed by and under such guidelines as
45 are issued by the department of administration division of general services.
46 The department of administration division of general services shall pro-
47 vide all agencies with an inflation factor for property in early January of
48 each year to assist agency directors in discharging the responsibility set
49 forth herein.
50 Each agency director may appoint a personal property control officer who
51 shall be responsible for conducting the annual inventory of agency property.
52 The personal property control officer shall also be responsible for ensuring
53 the prompt recording of newly acquired personal property and the economical
83
1 disposition of surplus personal property in a timely manner. The personal
2 property control officer shall periodically review the values of personal
3 property for reasonableness.
4 The agency director shall have the authority to dispose of surplus per-
5 sonal property in accordance with the provisions of section 67-5732A, Idaho
6 Code.
7 SECTION 111. That Section 67-5747, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-57473504E. POWERS AND DUTIES. (1) The department of administration
10 division of financial management is hereby authorized and directed:
11 (a) (i) To control and approve the acquisition and installation of all
12 communications equipment and facilities for all departments and
13 institutions of state government, except as provided in subparagraphs
14 (ii), and (iii) and (iv) of this subsection;
15 (ii) To coordinate the acquisition and installation of all communi-
16 cations equipment and facilities for the institutions of higher edu-
17 cation and the elected officers in the executive department;
18 (iii) To coordinate the acquisition and installation of all communi-
19 cations equipment and facilities for the legislative and judicial
20 departments;
21 (iv) Provided however, that the acquisition and installation of all
22 public safety and microwave equipment shall be under the control of
23 the military division.
24 In approving or coordinating the acquisition or installation of communica-
25 tions equipment or facilities, the department division shall first consult
26 with and consider the recommendations and advice of the directors or exec-
27 utive heads of the various departments or institutions. Any acquisition or
28 installation of any communications equipment or facilities that is con-
29 trary to the department's division's recommendation, or is not in harmony
30 with the state's overall plan for communications and information sharing,
31 shall be reported in writing to the governor and the legislature.
32 (b) To receive and hold, upon order of the board of examiners, physical
33 custody and control of such existing communications equipment and facili-
34 ties utilized by or in the possession of any department or institution, as
35 may be necessary to carry out the purposes of this chapter.
36 (c) To provide a system of communications for all departments and insti-
37 tutions of state government. The department division may prescribe ade-
38 quate rules for the use of any communications equipment and facilities now
39 in use or hereafter made available. Funds received pursuant to this sub-
40 section shall be appropriated for payment of communication and telephone
41 charges incurred by the various agencies and institutions of state govern-
42 ment.
43 (d) To provide a means whereby political subdivisions of the state may
44 utilize the state communications system, upon such terms and under such
45 conditions as the department division may establish.
46 (e) To accept federal funds granted by congress or by executive order for
47 all or any of the purposes of this chapter, as well as gifts and donations
48 from individuals and private organizations or foundations.
49 SECTION 112. That Section 67-5748, Idaho Code, be, and the same is hereby
50 amended to read as follows:
51 67-57483504F. TRANSFER OF FUNDS, EQUIPMENT, FACILITIES, AND EMPLOYEES. In
84
1 order to provide for the orderly implementation of this chapter sections
2 67-3504A through 67-3504F, Idaho Code, and to provide an economical, effi-
3 cient, and effective system of information technology and telecommunications
4 for the state, the board of examiners may order such transfer of appropriated
5 funds, custody and control of equipment and facilities, and employees to the
6 department of administration division of financial management as may be neces-
7 sary to carry out the purposes of this act.
8 SECTION 113. That Section 67-5749, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-5749. CENTRAL POSTAL SYSTEM SERVICES.. There is hereby created the
11 central postal system under the direction of the department of administration.
12 The central postal system shall be under the supervision of a central postal
13 system head who shall cause to be distributed all incoming mail and process
14 all outgoing mail for all departments, agencies, institutions and offices of
15 the state of Idaho which are housed and located within the capitol mall.
16 The department of administration is authorized to add such personnel and
17 to acquire such postal equipment as may be necessary to efficiently operate
18 the central postal system The division of general services is authorized to
19 provide or enter into contracts to provide postal services for state
20 agencies.
21 SECTION 114. That Section 67-5750, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 67-5750. POSTAGE APPROPRIATIONS -- RECORDS OF DEPARTMENTAL MAIL KEPT
24 THROUGH CENTRAL POSTAL SYSTEM -- EXCEPTION POSTAL SERVICES ADMINISTRATION. The
25 central postal system chief, under the direction of the department of adminis-
26 tration, shall cause to be metered all such outgoing mail and shall be respon-
27 sible for the keeping of records and costs thereof, and shall be able to at
28 least monthly certify to the state controller the amount expended on behalf of
29 each department, agency or institution directly utilizing the central postal
30 system, which amount shall be charged against the funds of such department,
31 agency or institution and continually appropriated to the account of the
32 department of administration for the operation of the central postal system.
33 Those agencies which expend funds for stamps and metered postage directly
34 shall make expenditure reports available to the department of administration
35 at least semiannually. The department of administration division of general
36 services shall annually submit in the department division's budget request an
37 accounting of the total cost of postage to the state, as well as the calcu-
38 lated savings and the methods through which such savings were derived. The
39 central postal system chief is hereby directed to evaluate materials to be
40 mailed and shall cause mail to be properly prepared utilizing the lowest prac-
41 tical and most feasible rate of postage. Provided, however, that each member
42 of the legislature of the state of Idaho shall be issued United States postage
43 for each session attended, in an amount determined by each session of the leg-
44 islature to be charged to the legislative expense appropriation.
45 SECTION 115. That Section 67-5751, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 67-57514129C. RECORDS MANAGEMENT. The director of administration the
48 Idaho state historical society may develop promulgate rules subject to the
49 provisions of chapter 52, title 67, Idaho Code, rules and establish guidelines
85
1 and procedures pertaining to the management of all state records. "Records"
2 shall mean;: any document, book, paper, photograph, sound recording, or other
3 material, regardless of physical form or characteristics, made or received
4 pursuant to law or in connection with the transaction of official state busi-
5 ness. Library and archive material made, acquired, or preserved solely for
6 reference, exhibition, or historical purposes, extra copies of documents pre-
7 served only for convenience of reference, and stocks of publications and of
8 processed documents are not included within the definition of records as used
9 in this section.
10 Rules, or if rules are not adopted, guidelines and procedures shall be
11 established:
12 (a) Pertaining to retention periods for all state records.
13 (b) Establishing a standard filing system for all state agencies.
14 (c) Prescribing conditions and procedures for destruction of state
15 records.
16 (d) Ensuring efficient utilization of manpower, building space, and sup-
17 plies with regard to paper flow and forms usage.
18 (e) Pertaining to proper and efficient utilization of microfilming ser-
19 vices.
20 SECTION 116. That Section 67-5751A, Idaho Code, be, and the same is
21 hereby amended to read as follows:
22 67-5751A4129D. HISTORICAL RECORDS. Upon the determination of the director
23 of the department of administration Idaho state historical society and the
24 agency head that certain public records have no apparent official value but
25 have historical value, those records shall be transferred to, and may consti-
26 tute a part of, the collection of the state historical society.
27 SECTION 117. That Section 67-5752, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 67-57524129E. RECORDS MANAGEMENT MANUAL. The director of administration
30 the state historical society shall develop and distribute to all state agen-
31 cies a records management manual containing all the rules, and procedures and
32 guidelines developed for records management. Each state agency shall comply
33 with rules and procedures promulgated.
34 SECTION 118. That Section 67-5753, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 67-57534129F. MICROFILMING STORAGE SERVICES. The director of administra-
37 tion shall develop a microfilming facility to provide microfilming services to
38 state agencies when, in his judgment, such a facility would be in the best
39 interests of the state. Microfilming equipment and related equipment under the
40 control of other state agencies at the time of this development shall become
41 the property of the department of administration at the direction of the
42 director of administration.
43 The director of administration the state historical society shall provide
44 storage for inactive records at the request of state agencies.
45 SECTION 119. That Section 67-5760, Idaho Code, be, and the same is hereby
46 amended to read as follows:
47 67-5760. INSURANCE MANAGEMENT. The director of the department of admin-
86
1 istration administrator of the division of general services shall be respon-
2 sible for life, medical, disability, property, casualty, and other insurance
3 as may be determined to be in the best interest of the state of Idaho by the
4 department of administration administrator of the division of general
5 services. The director administrator may employ additional personnel as may be
6 necessary and may contract for professional or technical services or assis-
7 tance when necessary and desirable.
8 SECTION 120. That Section 67-5761, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 67-5761. POWERS AND DUTIES -- GROUP INSURANCE. (1) The director of the
11 department of administration administrator of the division of general services
12 shall have the authority to:
13 (a) Establish an advisory committee to be comprised of program partici-
14 pants. The advisory committee may include employee representatives. The
15 director administrator shall consult with the advisory committee in the
16 performance of those duties as enumerated in subsection (2) of this sec-
17 tion.
18 (b) Fix and promulgate rules for determining Determine eligibility of
19 personnel for participation in any group plans.
20 (c) Determine the nature and extent of needs for group life insurance,
21 group annuities, group disability insurance, and group health care service
22 coverages with respect to personnel, including elected or appointed offi-
23 cers and employees, of all offices, departments, divisions, boards, com-
24 missions, institutions, agencies and operations of the government of the
25 state of Idaho and retired personnel, the premiums or prepayments for
26 which are payable in whole or in part from funds of the state.
27 "Disability" insurance includes all personal accident, health, hospital,
28 surgical, and medical coverages, and "health care service" includes all
29 services rendered for maintenance of good health and diagnosis, relief, or
30 treatment of any injury, ailment, or bodily condition.
31 (d) Determine the types, terms, conditions, and amounts of group insur-
32 ance, group annuities, or group coverage by health care service organiza-
33 tions, as the case may be, required by such needs.
34 (e) Negotiate and contract for, and have placed or continued in effect
35 all such insurance and coverages as may reasonably be obtainable from
36 insurers and health care service organizations, as the case may be, duly
37 authorized to transact such business in this state. The director adminis-
38 trator may negotiate deductibles to any group plan or coverage.
39 Alternatively, the director administrator may self-insure any insurance or
40 coverage and may contract with any insurance company or third party admin-
41 istrator duly authorized to transact business in this state or administer
42 such plan.
43 (f) Prepare or otherwise obtain and make available to all personnel
44 affected thereby, printed information concerning all such group plans cur-
45 rently in effect, together with the rules governing eligibility, payment
46 of premium or prepayment where applicable, claims procedures, and other
47 matters designed to facilitate utilization and administration of such
48 plans.
49 (g) Administer all such group plans on behalf of the insured, including
50 but not limited to:
51 (i) Enrollment and reporting to the insurer or health care service
52 organization of individuals eligible for coverage and covered under
53 particular policies or contracts, and termination of such enrollment
87
1 upon termination of eligibility;
2 (ii) Collection or payment of premiums or prepayments for such cov-
3 erage, policies and contracts and accounting for the same;
4 (iii) Establishment of reasonable procedures for handling claims
5 arising under such coverage, policies and contracts, and rendering
6 assistance to claimants, as may be required in the presentation and
7 consideration of claims;
8 (iv) Effectuation of changes in such coverage, policies and con-
9 tracts and renewal or termination thereof;
10 (v) Making and settlement of claims.
11 (2) Nothing herein shall be deemed to prohibit any such coverage, policy
12 or contract providing coverage also for dependents of personnel under terms
13 and conditions formulated and negotiated by the director administrator. The
14 director administrator shall formulate and negotiate a plan of health care
15 service coverage which includes retired personnel and dependents eligible for
16 a retirement benefit through the Idaho public employee retirement system which
17 benefit equals or exceeds the retiree medical insurance premium in effect for
18 that retiree at the date of retirement. Coverage for retired personnel shall
19 parallel the coverage provided to active state employees to the extent neces-
20 sary, and shall include a medicare credit for retirees who are covered by
21 medicare. Any increased cost on the health care plan for active employees as a
22 result of such coverage costs shall be paid for by the state and by active
23 state employees in equal shares. Retired personnel shall be responsible for
24 paying their own premiums for any plan of health care service insurance cover-
25 age provided pursuant to this section. No coverage, policy or contract which
26 provides coverage or benefits for personnel, dependents of personnel, or
27 retired personnel shall create any vested right or benefit for the retired
28 personnel in retiree group insurance coverages.
29 SECTION 121. That Section 67-5762, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-5762. OBJECTIVES AND CONSIDERATIONS. It shall be the director of the
32 department of administration's objective of the division of general services
33 to procure and maintain on behalf of officers and employees the most adequate
34 group coverages reasonably obtainable for the money available for required
35 premiums and prepayments. In the selection of insurers and health care service
36 organizations to provide such coverages, the director administrator shall give
37 consideration to factors, other than lowest apparent premium or prepayment,
38 such as risk retention, reserves, extent to which the insurer or organization
39 will facilitate administration, and to its reputation and record for prompt-
40 ness and fairness in the treatment of claims, as well as to its financial
41 dependability.
42 SECTION 122. That Section 67-5767, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 67-5767. DIRECTOR ADMINISTRATOR MAY PROVIDE SERVICE TO SCHOOL DISTRICTS
45 AND OTHER POLITICAL SUBDIVISIONS. (1) Under terms and procedures mutually
46 agreed upon by contract, the director of the department of administration
47 administrator of the division of general services may render the same services
48 with respect to personnel of any school district or other political subdivi-
49 sion of the state of Idaho. The cost of any group insurance, group annuity or
50 health care service coverage so provided and of administration thereof shall
51 be borne by the school district or political subdivision.
88
1 (2) Governmental entity for the purpose of this section means any organi-
2 zation composed of units of government of Idaho or organizations funded only
3 by government or government employee contributions or organizations who dis-
4 charge governmental responsibilities that would otherwise be performed by gov-
5 ernment. All government entities are deemed to be political subdivisions for
6 the purpose of this act sections 67-5760 through 67-5772, Idaho Code.
7 SECTION 123. That Section 67-5768, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-5768. NOMINAL POLICYHOLDER -- NO OBLIGATION TO STATE. (1) In insurance
10 policies and contracts procured by the director of the department of adminis-
11 tration under this act administrator of the division of general services and
12 covering personnel of any state office, department, division, board, commis-
13 sion, institution, agency and operation, the director of the department of
14 administration administrator of the division of general services shall be des-
15 ignated as the nominal policyholder or contract holder.
16 (2) No policy or contract shall create, or be deemed to constitute, any
17 financial obligation on the part of the state of Idaho beyond the obligation,
18 to contribute for or upon current premiums or prepayments thereof.
19 (3) Except as hereinafter provided, information obtained from any
20 employee, dependent or retiree insured under this act sections 67-5760 through
21 67-5772, Idaho Code, shall be subject to disclosure according to chapter 3,
22 title 9, Idaho Code; provided however, that if the affected employee, depend-
23 ent or retiree waives in writing the right to hold such information confiden-
24 tial, said information may be disclosed.
25 SECTION 124. That Section 67-5769, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 67-5769. INTER-DEPARTMENTAL INTERDEPARTMENTAL TRANSACTIONS -- ADMINISTRA-
28 TIVE CONTRIBUTION -- AMOUNTS -- LIMITS -- REFUNDS -- APPROPRIATION. (1) The
29 director of the department of administration administrator of the division of
30 general services shall charge each office, department, division, board, com-
31 mission, institution, agency and operation, personnel of which is currently
32 covered under one (1) or more group plans administered by the director admin-
33 istrator, and receive payment in advance for its properly apportioned share of
34 the cost thereof. To the amount otherwise so found due for payment of premiums
35 and prepayments for coverages, the director administrator shall add a sepa-
36 rately stated administrative contribution of such percentage, rate, or propor-
37 tionate amount as may reasonably be required to pay the costs of maintaining
38 the office of group insurance, including personnel costs, operating expendi-
39 tures, and expenditures for capital outlay items. The director administrator
40 shall allocate the apportioned share of the reasonable costs of administering
41 this act sections 67-5760 through 67-5772, Idaho Code, to each participating
42 state unit in the same proportion that the amount of employees of the unit,
43 excluding temporary or part time, bears to the total number of employees,
44 excluding temporary or part time, of all combined units. covered by this act.
45 (2) As to a particular office, department, division, board, commission,
46 institution, agency or operation, such charges and payments shall not exceed
47 the sum of (a) appropriated funds currently available for the purpose, and (b)
48 amounts currently deducted from the salaries and other compensation of covered
49 personnel specifically for the insurance or coverage. On or before the first
50 day of August of each year, the director administrator shall furnish each
51 department with an estimate of the cost of insurance or coverage for the
89
1 upcoming fiscal year.
2 (3) Refunds on premiums or prepayments, profit sharing, experience sav-
3 ings and refunds and other contract returns received by the director adminis-
4 trator on account of group policies and group contracts shall be retained by
5 the director administrator and used for application upon future premiums and
6 prepayments as equitably apportioned by the director administrator.
7 (4) Moneys received by the director administrator under this section
8 shall be deposited to the credit of the group insurance account in the agency
9 asset fund, and are hereby continually appropriated for the uses for which
10 charged and received, or as stated in subsection (3) of this section. Pending
11 such use, such surplus moneys shall be invested by the state treasurer in the
12 same manner as provided for under section 67-1210, Idaho Code, with respect to
13 other idle moneys in the state treasury. All interest or other yield on such
14 investments shall be credited to the respective group insurance account.
15 SECTION 125. That Section 67-5771, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 67-5771. GROUP INSURANCE ACCOUNT FUND CREATED -- ADMINISTRATION -- PER-
18 PETUAL APPROPRIATION. There is hereby established in the agency asset fund in
19 the state treasury a special account, the "Group Insurance Account Fund,"
20 which shall be administered exclusively for the purposes of this act sections
21 67-5760 through 67-5772, Idaho Code. This account fund shall consist of all
22 contributions collected pursuant to this act sections 67-5760 through 67-5772,
23 Idaho Code, and all interest earned upon any moneys in the account fund.
24 SECTION 126. That Section 67-5772, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 67-5772. REMITTANCE OF CONTRIBUTIONS -- COLLECTION OF DELINQUENCIES. (1)
27 Between the first and twentieth day of each month, each employer, or, where
28 the employer's payroll is paid separately by departments, each department of
29 each employer, shall remit to the director of the department of administration
30 administrator of the division of general services all contributions required
31 of it and its employees on the basis of salaries paid by it during the previ-
32 ous month. These remittances shall be accompanied by such reports as required
33 by rules of the director of the department of administration administrator of
34 the division of general services.
35 (2) If any employer shall fail or refuse to remit any such contributions
36 within thirty (30) days after the date due, the director of the department of
37 administration administrator of the division of general services may certify
38 to the state treasurer the fact of such failure or refusal and the amount of
39 the delinquent contribution or contributions, together with a request that
40 such amount be set over from funds of the delinquent employer to the credit of
41 the group insurance fund. A copy of such certification and request shall be
42 furnished the delinquent employer.
43 (3) Within ten (10) days after receipt of such request, the state con-
44 troller shall draw his warrant for payment of such amount out of moneys in the
45 state treasury allocated to the use of such employer during the current fis-
46 cal year. If such moneys are not so available, the director of the department
47 of administration administrator of the division of general services shall take
48 any legal steps necessary to collect such amount.
49 SECTION 127. That Section 67-5773, Idaho Code, be, and the same is hereby
50 amended to read as follows:
90
1 67-5773. POWERS AND DUTIES -- RISK MANAGEMENT. (1) The director of the
2 department of administration administrator of the division of general services
3 shall:
4 (a) Determine the nature and extent of needs for insurance coverages of
5 all kinds, other than life and disability insurances, as to risks and
6 property of all offices, departments, divisions, boards, commissions,
7 institutions, agencies and operations of the government of the state of
8 Idaho, the premiums on which are payable in whole or in part from funds of
9 the state.
10 (b) Determine the character, terms, and amounts of insurance coverages
11 required by such needs.
12 (c) Within funds available therefor from each respective office, depart-
13 ment, division, board, commission, institution, agency or operation with
14 respect to coverage to be provided to it, negotiate for, procure, pur-
15 chase, and have placed or continued in effect all such insurance coverages
16 and services as may reasonably be obtainable, whether from insurers or
17 brokers duly authorized to transact business in this state.
18 (d) Administer all such coverages on behalf of the insured, including
19 making and settlement of loss claims arising thereunder. The director
20 administrator, with the advice of the attorney general, may cause suit to
21 be brought with respect to any such coverage or loss.
22 (e) Within available funds and personnel, make periodic inspection or
23 appraisal of premises, property and risks as to conditions affecting
24 insurability, risk, and premium rate, and submit a written report of each
25 such inspection or appraisal together with recommendations, if any, to the
26 officer, department, or agency in direct charge of such premises, property
27 or risks.
28 (f) Perform such other duties and exercise such other powers as are pro-
29 vided by law.
30 (g) Establish a risk management advisory committee. The director shall
31 consult with the advisory committee in the performance of those duties
32 enumerated above.
33 (2) As to all such needs and coverages, the director administrator shall
34 give due consideration to information furnished by and recommendations of any
35 office, department, division, board, commission, institution or agency.
36 SECTION 128. That Section 67-5774, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 67-5774. POSITION OF RISK MANAGER CREATED -- APPOINTMENT -- EMPLOYMENT OF
39 PERSONNEL. There is hereby created the position of risk manager in the depart-
40 ment of administration. The risk manager shall be selected and retained sub-
41 ject to the provision of chapter 53, title 67, Idaho Code division of general
42 services. The risk manager may, with the agreement of the director administra-
43 tor, employ and fix the compensation of such additional personnel, and con-
44 tract for such professional or technical services or assistance, as the man-
45 ager may deem necessary or desirable for the performance of the duties of the
46 position.
47 SECTION 129. That Section 67-5775, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 67-5775. RISK MANAGEMENT GUIDELINES. In determining need for, form and
50 amount of, procuring and administering insurance coverages, the director of
51 the department of administration administrator of the division of general ser-
91
1 vices shall give due consideration to:
2 (1) oOmission of insurance policy coverage as to property and risks as to
3 which insurance and claim administration costs may be disproportionately great
4 in reference to the amount of risk;
5 (2) uUltimate economies possible through use of reasonable deductions;
6 (3) uUse of comprehensive coverages and blanket coverages insuring prop-
7 erty and risks of two (2) or more offices, departments, divisions, boards,
8 commissions, institutions and agencies;
9 (4) rReliability of and service provided by insurers to be selected as
10 insurance carriers, as well as financial condition and competitive premium
11 rate;
12 (5) mMeans through which risks may be improved with ultimate savings to
13 the state through reduction in insurance losses and costs.
14 SECTION 130. That Section 67-5776, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 67-5776. RETAINED RISKS ACCOUNT FUND -- PURPOSES -- AMOUNT -- LIMIT --
17 APPROPRIATION -- INVESTMENT. (1) There is hereby created an account in the
18 agency asset fund in the state treasury to be designated the "retained risk
19 account fund." The account fund shall be used solely for payment of premiums,
20 costs of maintaining the operation of the risk management office, or upon
21 losses not otherwise insured and suffered by the state as to property and
22 risks which at the time of the loss were eligible for such payment under
23 guidelines theretofore issued by the director of the department of administra-
24 tion administrator of the division of general services.
25 (2) In addition to moneys, if any, appropriated to the account fund by
26 the legislature, the director administrator of the division of general ser-
27 vices shall deposit with the state treasurer for credit to the retained risk
28 account fund:
29 (a) tThe gross amount of all premiums and surcharges received under sec-
30 tion 67-5777, Idaho Code;
31 (b) aAll refunds received on account of insurance policies canceled
32 before expiration;
33 (c) aAll refunds or returns under experience rating arrangements with
34 insurers;
35 (d) sSavings from amounts otherwise appropriated for the purchase of
36 insurance or conduct of the risk management office operation;
37 (e) aAll net proceeds of the sale of salvage resulting from losses paid
38 out of the retained risk account.
39 (3) The director administrator of the division of general services may
40 from time to time develop guidelines as to properties and risks eligible for
41 payment out of the retained risk account fund, and as to making of claim and
42 proof of loss.
43 (4) All moneys placed in the account fund are hereby perpetually appro-
44 priated for the purposes of this section. All expenditures from the account
45 fund shall be paid out in warrants drawn by the state controller upon presen-
46 tation of proper vouchers from the director of the department of administra-
47 tion administrator of the division of general services.
48 (5) Pending such use, surplus moneys in the account fund shall be
49 invested by the state treasurer in the same manner as provided under section
50 67-1210, Idaho Code, with respect to other surplus or idle moneys in the state
51 treasury. Interest earned on the investments shall be returned to the account
52 fund.
92
1 SECTION 131. That Section 67-5777, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 67-5777. INTERDEPARTMENTAL TRANSACTIONS -- PURPOSES -- APPROPRIATION. (1)
4 The director of the department of administration administrator of the division
5 of general services shall charge each office, department, division, board,
6 commission, institution, agency and operation for which the department divi-
7 sion provides insurance coverage and receive payment in advance for the rea-
8 sonably apportioned share of the cost incurred. To the amount otherwise so
9 found due for payment of premium to the insurer, the director administrator of
10 the division of general services shall add separately stated surcharges of
11 such percentages, rates, or amounts as may reasonably be required:
12 (a) tTo pay the costs of maintaining the operation of the risk unit,
13 including salaries, wages, travel and other current expenses;
14 (b) tTo provide for initial funding and maintenance thereafter of the
15 retained risk account fund, as reasonably apportioned from time to time
16 among those offices, departments, divisions, boards, commissions, institu-
17 tions, agencies and operations sharing risk coverage by such account fund.
18 The amount of this surcharge is subject to adjustment as required by sub-
19 section (4) of section 67-5776, Idaho Code.
20 (2) All such charges and payments shall not exceed the current appropria-
21 tion or funds available for the purpose of the affected office, department,
22 division, board, commission, institution, agency or operation. On or before
23 the first day of August of each year, the director administrator shall furnish
24 each department with an estimate of the cost of insurance or coverage for the
25 upcoming fiscal year.
26 (3) Funds received under the provisions of this section shall be depos-
27 ited to the retained risk account fund and are hereby continually appropriated
28 for payment of such salaries, wages, travel, premiums, losses, and other
29 expenses.
30 SECTION 132. That Section 67-5778, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 67-5778. COLLECTION OF DELINQUENT PAYMENTS. (1) If any office, depart-
33 ment, division, board, commission, institution, agency, or operation of the
34 government of the state of Idaho shall fail or refuse to remit any such pay-
35 ment as charged by the director of the department of administration adminis-
36 trator of the division of general services within thirty (30) days after the
37 date due when funds have been appropriated, the director administrator may
38 certify to the state treasurer the fact of such failure or refusal and the
39 amount of the delinquent payment, together with the request that such amount
40 be set over from funds of the delinquent department to the credit of the
41 retained risk account fund. A copy of such certification and request shall be
42 furnished the delinquent department.
43 (2) Within ten (10) days after receipt of such request, the state con-
44 troller shall draw a warrant for payment of such amount out of moneys in the
45 state treasury allocated to the use of such department during the current fis-
46 cal year. If such moneys are not so available, the director, department of
47 administration administrator of the division of general services shall take
48 any legal steps necessary to collect such amount.
49 SECTION 133. That Section 67-6405, Idaho Code, be, and the same is hereby
50 amended to read as follows:
93
1 67-6405. APPOINTMENT AND REMOVAL OF COMMISSIONERS. (a) The powers of the
2 authority shall be vested in a board of seven (7) commissioners appointed by
3 the governor for terms of five (5) years with advice and consent of a majority
4 of the members of the senate. No commissioner appointed after January 1, 1978,
5 shall also serve as a member of the permanent building council created in sec-
6 tion 67-5710 39-4302, Idaho Code. Of the commissioners first appointed, two
7 (2) commissioners shall serve for terms ending one (1) year from January first
8 next succeeding the date of their appointment, two (2) commissioners shall
9 serve for terms ending two (2) years from January first next succeeding their
10 appointment and one (1) of the remaining three (3) commissioners shall serve
11 for a term of three (3), four (4) and five (5) years, respectively. Any vacan-
12 cies in the membership of the authority shall be filled in like manner but
13 only for the remainder of an unexpired term. Each commissioner shall hold
14 office for the term of his appointment and until his successor shall have been
15 appointed and qualified. Any commissioner shall be eligible for reappointment.
16 (b) The commissioners shall elect from among their number a chairman and
17 a vice chairman annually and such other officers as it may determine. Meetings
18 shall be held at the call of the chairman or whenever two (2) commissioners so
19 request. Four (4) commissioners of the authority shall constitute a quorum and
20 the affirmative vote of four (4) commissioners shall be necessary for any
21 action taken by the authority. No vacancy in the membership of the authority
22 shall impair the right of a quorum to exercise all the rights and perform all
23 the duties of the authority.
24 (c) Commissioners shall be compensated as provided by section 59-509(o),
25 Idaho Code.
26 (d) For incompetency or neglect of duty or malfeasance in office, a com-
27 missioner of the authority may be removed from office by the governor in the
28 manner provided by law.
29 SECTION 134. That Section 72-324, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 72-324. MANAGEMENT OF INDUSTRIAL SPECIAL INDEMNITY FUND. There is hereby
32 created in the department of administration division of general services the
33 office of manager of the industrial special indemnity fund, elsewhere in this
34 chapter referred to as manager, whose duties shall be to administer the fund
35 without liability on the part of the state or the manager beyond the amount of
36 such fund. Among the powers of the manager shall be the power to evaluate,
37 investigate, adjust claims made against the fund and make agreements, subject
38 to the approval of the industrial commission, for compensation for injuries
39 and occupational diseases in accordance with the provisions of this act chap-
40 ter, including the power to order payment from the fund for such medical, hos-
41 pital and nursing care charges as injured persons or those suffering from
42 occupational diseases may be entitled to from the fund.
43 The compensation of such manager shall be as provided in section 59-508,
44 Idaho Code.
45 The manager shall be given notice of all applications, hearings and pro-
46 ceedings involving rights of the fund, and shall represent the fund in all
47 proceedings brought to enforce a claim against it. The manager shall have the
48 authority to employ such medical or other experts and to defray the expense
49 thereof and of such witnesses as are reasonably necessary to administer, eval-
50 uate or defend the fund. The manager may also employ such employees as are
51 necessary to assist in the administration of the fund. The manager may also
52 employ legal counsel, or obtain legal counsel pursuant to section 72-330,
53 Idaho Code, to represent and conduct on behalf of the fund all suits, actions
94
1 and proceedings whatsoever involving the fund.
2 The manager may, in his official name, sue and be sued in all the courts
3 of the state and before the industrial commission in all actions or proceed-
4 ings arising out of anything done or offered in connection with the industrial
5 special indemnity fund or business related thereto.
6 The industrial commission shall compute and collect the assessment pro-
7 vided by section 72-327, Idaho Code, and shall make quarterly reports to the
8 fund of the same. The manager of the fund shall, each quarter of each year,
9 prepare and file with the industrial commission and the state treasurer a
10 report of all expenses of administration, legal expenses and payments from the
11 fund, which reports will be kept on file and open to inspection by any inter-
12 ested person.
13 The director of the department of administration administrator of the
14 division of general services shall appoint the manager from a list of at least
15 three (3) names provided by the industrial commission. The manager shall serve
16 at the pleasure of the director of the department of administration adminis-
17 trator of the division of general services.
18 SECTION 135. That Section 72-333, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 72-333. PERPETUAL APPROPRIATION. All moneys which may come into the
21 industrial special indemnity fund are hereby perpetually appropriated to the
22 department of administration division of general services to be expended by it
23 for the purposes stated in sections 72-331 and 72-332, Idaho Code.
24 SECTION 136. Notwithstanding any other provision of law to the contrary,
25 all employees of the Department of Administration whose positions may be elim-
26 inated as a result of this act, may bid on contracts for which the state of
27 Idaho issues invitations to bid or requests for proposals to provide goods or
28 services similar to or related to the type of work provided in the person's
29 state position. No employee may start a contract with the state of Idaho while
30 still employed by the state.
31 SECTION 137. SEVERABILITY. The provisions of this act are hereby
32 declared to be severable and if any provision of this act or the application
33 of such provision to any person or circumstance is declared invalid for any
34 reason, such declaration shall not affect the validity of the remaining por-
35 tions of this act.
36 SECTION 138. An emergency existing therefor, which emergency is hereby
37 declared to exist, Sections 136 and 137 of this act shall be in full force and
38 effect on and after passage and approval. All other sections of this act shall
39 be in full force and effect on and after July 1, 2007. All rules of the
40 Department of Administration shall remain in effect until December 1, 2007,
41 and the Administrative Rules Coordinator shall have the authority to do minis-
42 terial tasks with the Department of Administration's rules and assign them to
43 the appropriate entity in the Administrative Rules Coordinator's discretion.
STATEMENT OF PURPOSE
RS 17070
This legislation would devolve the Department of Administration. It
transfers the microwave services/public safety communications function
and federal surplus function to the Military Division. It places the
responsibility for the records center with the Idaho State Historical
Society. It transfers network and telephone services along with the
Information Technology and Resource Management Council (ITRMC) to the
Division of Financial Management. The Treasurer's Office would oversee
the bond payment program. The design/construction aspect of the Division
of Public Works transfers to the Division of Building Safety including
the Capitol Commission, the Permanent Building Fund Advisory Council, and
the Governor's Housing Committee. This legislation also creates a
Division of General Services in the Executive Office of the Governor.
The General Services Division includes an Insurance bureau to oversee the
Industrial Special Indemnity Fund, Risk Management and Group Insurance
functions; an Administrative Rules bureau to oversee publishing of agency
rules; a Purchasing bureau to oversee statewide purchasing; and a
Facility Services bureau to be responsible for Capitol Mall maintenance,
statewide leasing and grounds keeping.
This devolvement does not eliminate any functions, but rather changes
where they are located organizationally and the means by which oversight
of the function is provided.
FISCAL NOTE
Spending authority and funding sources have been moved accordingly from
the current department structure to the organizational structures
proposed in this bill. Subsequent to FY 2008 appropriations, certain
budget adjustments within currently allowable provisions may be necessary
as the relationship of services provided by state employees is compared
to those available through contract services. Cost benefit analysis will
be used to determine the feasibility of making future changes in
expenditure patterns. The net change to the budget compared to current
organizational structure is an anticipated reduction in employee
positions (FTP). Agencies that receive services based on billing
procedures may also incur minor adjustment due to apportioning of costs
differently under the new structure.
Contact:
Name: Keith Johnson, Department of Administration
Phone: 332-1826
Dawn Hall, Division of Financial Management
874-3060
STATEMENT OF PURPOSE/FISCAL NOTE H 247