2007 Legislation
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HOUSE BILL NO. 247 – Admin Dept, abolished

HOUSE BILL NO. 247

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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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                      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