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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 ofPublic13Worksbuilding 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 35INSURANCE MANAGEMENTGENERAL SERVICES. The administrator of the division of 36insurance management in the department of administrationgeneral 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 riskaccountfund 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 riskaccountfund 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 OFINSURANCE2MANAGEMENTGENERAL SERVICES. No state agency or institution other thanthe3administrator ofthe division ofinsurance management in the department of4administrationgeneral services may procure liability insurance under thisact5 chapter. All state agencies and institutions shall comply with thisactchap- 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. Theadministrator of the11 division ofinsurance management in the department of administrationgeneral 12 services shall apportion the cost of the comprehensive liability plan under 13 thisactchapter 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 mustinsureensure 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 thedepartment of admin-29istrationdivision 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 thisactchapter, 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 35director of the department of administrationdivision 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, thedirector of the department of administrationdivision 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 thedepartment of administration4 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 thedepartment of administrationmilitary 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 of29public worksand 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 abatementisare 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 thisactchapter, 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 thedepartment of administration6 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 thedepartment of administration8 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 thedepartmentdivision 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 thepurchasing agentdivision of 26 general services or employee liability coverage, as rendered by the department27of administration. However, nothing shall prohibit the health districts from 28 entering intocontracturalcontractual arrangements with thedepartment of29administrationdivision 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 ofnineeight (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;the35department 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 immediatelynotify the department of administration and request that39the department of administrationdesignate a licensed professional to indepen- 40 dently evaluate the condition prior to issuing any report under this chapter. 41 Thedepartment of administrationdivision 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 thedirector of the department of administration46 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 evaluationof the department of administrationcan 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 thedepartment of adminis-3trationdivision of building safety. This order shall be withdrawn if the 4 evaluationof the department of administrationdoes 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 of9the administrator that a condition identified constitutes an imminent safety10hazard, the department of administration shall, within three (3) working11days, so notify the administrator in writing.12(6) Upon receipt of such notification in writingIf 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-55tion,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 orregulationrule 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 theadministrator of33thedivision ofinsurance management in the department of administrationgen- 34 eral services. 35 (2) The officer, agent, or employee required by law orregulationrule 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 theadministrator of thedivision of 2insurance management in the department of administrationgeneral 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 2467-571139-4305, Idaho Code. The adjutant general is also empowered to exer- 25 cise the authorities set out in section67-5711B39-4307, 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 3167-571139-4305, 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 theIdaho department of administra-38tion, which is responsible for state agency planning, to meet short-range and39long-range telecommunications needs as authorized in chapter 57, title 67,40Idaho Codemilitary 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 5Idaho department of administrationmilitary 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 theIdaho department of administrationmilitary 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 theIdaho department of administra-12tionmilitary 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 theIdaho department of administrationmilitary 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 theIdaho department of administration5 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 theIdaho department of administrationdivi- 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 thisactchapter, as well as 50 a record of all documents filed pursuant to section 48-507, Idaho Code, until 51 disposed of in accordance with chapter5741, 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 inthe services of thestate purchasingagentor 16 employee liability coverage, as rendered by thedepartment of administration17 division of general services. However, nothing shall prohibit the Idaho state 18 independent living council from entering into contractual arrangements with 19 thedepartment of administrationdivision 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 buildingaccountfund are hereby perpetually appropriated to the 43 permanent building fund advisory council and the division ofpublic works,44subject to the provisions of chapter 57, title 67, Idaho Codebuilding 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 ofpublic works of the10department of administrationfinancial 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 ofinsurance management in the department of administration, as pro-20vided by section 67-5760, Idaho Codegeneral 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: 29Director 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 INSURANCEADMINISTRATORBUREAU CHIEF 39 CREATED -- APPOINTMENT.(1)There is hereby created in thedepartment of40administrationdivision of general services the position ofpersonnel group41insurance administratorbureau chief insurance manager. Thepersonnel group42insurance administratorbureau chief insurance manager shall bedirector of43the department of administrationappointed by the administrator of the divi- 44 sion of general services, or his designee who shall be directly responsible to 45 thedirector of the departmentadministrator. The administratorshall not be46subject to the provisions of chapter 53, title 67, Idaho Code. The administra-47tor may employ and fix the compensation of such additional personnel, andof 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 personnel52group 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. Thedepartment of administrationdivision of 5 general services shall furnish suitable office space for council members and 6 staff and thedepartmentdivision 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 thedirector of the department of administrationadministrator 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 thedirector of14the department of administrationadministrator 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 thedepartment of adminis-20trationdivision 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 24accountfund, 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 theaccountfund 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 thedepartment of administrationdivision 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 thedepartment of administrationdivision 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, thedirector of the42department of administrationadministrator 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. Thedirector of the depart-46ment of administrationadministrator 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 thedirector of the department of administrationadministrator 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 7director of the department of administrationadministrator of the division of 8 general services shall have exclusive control of the exterior, grounds and 9 systems of the capitol building. Thedirectoradministrator 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. Thedirector of the19department of administrationadministrator 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 thedirectoradministrator 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, AdaCcounty and 31 BoiseCcity are granted jurisdiction to enforce the laws of the state of Idaho 32 and the ordinances of AdaCcounty and BoiseCcity for the capitol building. 33 Thedirector 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 thedepartment of administration41 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 thedirector of10the department of administrationadministrator 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. Thedirec-14tor of the department of administrationadministrator 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 thedirector of the department of administration24 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 thedirector of the department of administrationstate 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 thedepartment of administrationdivision of building 29 safety,divisionoffice 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 thedivisionbureau 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 1Department of administration2 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 thedirectoradministrator 19 of thedepartment of administrationdivision 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: 24Director, department of administration25 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 directororof 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 thissubdivisionsubsection, 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 thepersonnel group insurance3administrator in the department of administrationdivision 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 thedepartment34of administrationdivision of general services. The coordinator shall be a 35 nonclassified employee and shall be appointed by and serve at the pleasure of 36 thedirector of the department of administrationadministrator 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. Thedirector of the39department of administrationdivision 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 44DEPARTMENT OF ADMINISTRATION45 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.DEPARTMENTDIVISION OF GENERAL SERVICES CREATED -- APPOINTMENT 49 OFDIRECTORADMINISTRATOR -- DUTIES. There is hereby createdthe department of50administrationin the executive office of the governor, the division of gen- 51 eral services. The governor shall, subject to the advice and consent of the50 1senate,appoint andirector of administrationadministrator 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. Thedirector of administration4 administrator shall exercise all the powers and duties necessary to carry out 5 the proper administration ofthe department of administration. The department6of administration shall, for the purposes of section 20, article IV, of the7constitution of the state of Idaho, be an executive department of the state8governmentthis 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.DIVISIONSBUREAUS -- APPOINTMENT OFADMINISTRATORSPERSONNEL. 12 Thedepartment of administrationdivision of general services shall be com- 13 posed of suchdivisionsbureaus asareestablishedor assignedby law, and of 14 such other units as may be administratively established. Thedirector of the15department of administrationadministrator shallappoint an administrator for16each divisionhire 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 ADMINISTRATIONDIVISION OF GENERAL SERVICES MAY 20 RECEIVE PAYMENT FOR SERVICES TO FEDERAL, COUNTY AND CITY AGENCIES -- APPROPRI- 21 ATION. Thedepartment of administrationdivision 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. Thedepartment of admin-25istrationadministrator 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 34department of administrationdivision 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: 51 167-570539-4301.DIVISIONOFFICE OF PUBLIC WORKS. There is hereby created 2 withinthe department of administrationthe division of building safety the 3 office of public works. Thedirector of the department of administration4shall appoint anadministrator of the division of building safety shall 5 appoint a manager for thedivisionoffice of public works, subject to the 6 approval of the governor. Theadministratormanager of thedivisionoffice 7 shall be exempt from the provisions of the state merit system. Theadministra-8tormanager of thedivisionoffice 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 ofpublic worksgen- 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 by16section 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. Thedepartment of admin-26istrationdivision 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 32department of administrationdivision 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 Thedepartment of administrationdivision 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. Thedepartment of administrationdivision 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 Thedirectoradministrator 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 ofpublic worksgeneral 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 the21operation 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 ofpublic worksgeneral 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) Thedirector of the department of administration31 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 than35January 1, 1999, all departments, agencies and institutions shall submit cop-36ies 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) Thedirector of the department of administrationadministrator 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 1,431999.No department, agency or institution may enter into or renew any lease 44 of facilitiesafter 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 thedirectoradministrator of thedepartment of admin-47istrationdivision 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 thedirectoradministrator when 53 performing the comprehensive analysis and, with thedirector'sadministrator'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 thedepartment of administrationdivision of general services. 21 Any state agency that has unused, underused or available building space shall 22 notify thedepartment of administrationdivision 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 thedepartment of administration. The department of administrationdivision 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 Thedepartmentdivision 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. Thedirector of the department50of administrationadministrator 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 buildingaccountfund. Proceeds from the 7 rental of parking spaces in the capitol mall shall be deposited upon receipt 8 to the credit of thepermanent buildingaccountstate facilities services 9 fund. Said proceeds shallnotbe expendedwithoutpursuant to an appropriation 10 andshall only be appropriatedfor 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 thedepartment of21administrationdivision 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 thedepartment of administrationdivision of general services within 25 the time thedepartmentdivision specifies. 26 If no state agency or institution is interested, thedepartmentdivision 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 thedepartment of administrationdivision of general 30 services pursuant to this section, other than proceeds required by law to be 31 deposited in a special fund, less thedepartment of administration'sdivision 32 of general service's cost of selling or leasing, shall be deposited into the 33permanent buildingstate facilities services fund which is hereby created in 34 the state treasury for the purpose of holding such proceeds. Such proceeds in 35 thepermanent buildingfacilities 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: 4967-571039-4302. PERMANENT BUILDING FUND ADVISORY COUNCIL -- APPROVAL OF 50 USE OF FUND -- DUTIES OFADMINISTRATORMANAGER OF PUBLIC WORKS. There is 51 hereby created in thedivisionoffice 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. Theterms of office of mem-9bers of the council holding office prior to July 1, 1996, shall expire on the10following dates: contracting business member on July 1, 1996; senate member11and house of representative member on December 1, 1996; business community12member on July 1, 1997; and banking member on July 1, 1998. On or after July131, 1996, thegovernor 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 forconstruction, renovations, remodelings or18repairspublic 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 24orand construction or execution. 25 Theadministratormanager 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 nobuilding28 public works proposals shall be approved by theadministratormanager 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: 3567-5710A39-4303. REQUIREMENT OF PLANS AND SPECIFICATION APPROVAL BY PER- 36 MANENT BUILDING FUND ADVISORY COUNCIL AND DELEGATION OF PROJECT OVERSIGHT BY 37 THE ADMINISTRATORFOROF THE DIVISION OF BUILDING SAFETY AND THE MANAGER OF 38 THEDIVISIONOFFICE OF PUBLIC WORKS. 39 (1) (a) Unless an emergency exists asdefinedprovided for in section 4067-5711B39-4307, Idaho Code,an existingno public works maynot be41altered, repaired, constructed or improved onbe 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 section67-571139-4305, Idaho Code, and 45 except for those institutions and agency exemptions listed in section 4667-571139-4305, 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)FacilitiesPublic works to bebuiltexecuted with funds under the 52 control of a nonstate entity,andrelating 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 thefacilitiespublic 4 works. 5 (2) (a) The administratorforof the division of building safety and the 6 manager of the office of public works may delegate controlover design,7construction and all other aspectsof a public worksor maintenanceproj- 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 thedivisionoffice 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 section67-5711B39-4307, 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 forpro-34fessional services contracts and for constructionpublic works con- 35 tracts as adopted by thedivisionoffice of public works. 36 (vii) Delegation is subject to cancellation by the administratorfor37 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: 4267-5710B39-4304. 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 programsinitiallyhoused therein to include any 23 equipment that is made a permanent fixture of the building; and24(d) Purchase of the services of architects, engineers, and other consul-25tants to prepare plans, program documents, life cycle cost studies, energy26analysis, and other studies associated with any new building, alteration,27repair, demolition or improvement and to supervise the construction or28execution of such projects. 29 SECTION 72. That Section 67-5711, Idaho Code, be, and the same is hereby 30 amended to read as follows: 3167-571139-4305.CONSTRUCTION, ALTERATION, EQUIPPING, FURNISHING AND32REPAIR OFPUBLIC BUILDINGS AND WORKS. Thedirector of the department of admin-33istrationadministrator 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 chargeofand 37 supervision ofthe construction, alteration, equipping and furnishing, repair,38maintenance other than preventive maintenance of any and all buildings,39improvements of public works of the state of Idaho, the cost of which con-40struction, alteration, equipping and furnishing, repair, maintenance other41than preventive maintenance exceedspublic 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 thedirectoradministrator 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 section67-5711C48 39-4308, Idaho Code; provided, however, that this section shall not apply to 49the construction, alteration, equipping or furnishing or repair or maintenance50other than preventive maintenance of public buildingspublic 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 section67-5711C39-4308, Idaho Code, shall not apply to performance contracts 58 1 as provided in section67-5711D39-4310, 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 thedirector of the department of administrationadministra- 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 section67-5711C39-4308, 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: 2067-5711A39-4306. DESIGN-BUILD CONTRACTING AUTHORIZED. Notwithstanding 21 any other provisions of law to the contrary, thedirector of the department of22administrationadministrator 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 forthe construction,26alteration, equipping, furnishing and repair of any and all buildings,27improvements, or otherpublic 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: 3467-5711B39-4307. EMERGENCY CONTRACTING AUTHORIZED DIVISION OFPUBLIC35WORKSBUILDING SAFETY. Thedirector of the department of administration, the36 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: 59 167-5711C39-4308. CONSTRUCTION OF PUBLIC PROJECTS -- COMPETITIVE SEALED 2 BIDDING. (1) Allconstructionpublic works contracts,for public worksexclud- 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 sections67-5711B39-4307, 667-5711D39-4310 and67-571339-4313, 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 to9the 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 34departmentdivision 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 section67-571139-4305, 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 maintenanceprogramsproject, whether the public 12 work, project,or preventive maintenanceprogramproject is constructed, 13 undertaken or performed by agency in-house personnel, or by delegation pursu- 14 ant to section67-5710A39-4303, 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 ofpurchasinggeneral 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: 2567-5711D39-4310. 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 or13the 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 thedirectoradminis- 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 thedirectoradministrator 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 thedirectoradministrator 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. Thedirector of the department of administra-62 1tionadministrator 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. Thedirector of the department of admin-8istrationadministrator 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 thedirectoradministrator 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 thedepartmentdivision 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) Thedirectoradministrator 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 section67-5711C39-4308, Idaho 49 Code, thedirectoradministrator 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 thedirectoradministrator 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, thedirectoradministrator 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 thedirectoradministrator 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 thedirectoradministrator 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: 3967-5711E39-4311. 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, thedirector of the department of administra-52tionadministrator 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 thedepartment33of administrationdivision 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: 3967-571239-4312. PROJECTION OF BUILDING REQUIREMENTS REPORT. The perma- 40 nent building fund advisory council and thedirectoradministrator of the 41department of administration worksdivision 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: 4867-571339-4313. CONSTRUCTION AND ALTERATION OF STATE CORRECTIONAL FACIL- 49 ITIES. The administrator of the division ofpublic worksbuilding 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 567-571139-4308, 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 ofpublic worksbuilding 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.DIVISIONBUREAU OF PURCHASING. There is hereby created within 17the department of administrationthe division of general services the bureau 18 of purchasing. Thedirector of the department of administration shall appoint19anadministrator of the division of general services shall appoint a bureau 20 chief for thedivisionbureau of purchasing, subject to the approval of the 21 governor. Theadministratorbureau chief shall be exempt from the provisions 22 of the state merit system. Theadministrator of the divisionbureau chief may 23 employ additional personnel as may be necessary, and may contract for profes- 24 sional services or assistance when necessary ordesireabledesirable. 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 THEADMINISTRATOR OF THE DIVISIONBUREAU 28 CHIEF OF THE BUREAU OF PURCHASING. Theadministrator of the divisionbureau 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 theadministratorbureau 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 3administratorbureau 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 toformulaterecommend rulesinfor the 19 conductof the officeof thedivisionbureau of purchasing, subjectto the 20approval of the director of the department of administrationadministrator 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) Theadministrator of the divisionbureau 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 theadminis-42tratorbureau 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 thedivisionbureau. The notice may be posted 48 electronically. Theadministratorbureau 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 shall20set forth the bid opening 53 date, time and location. 67 1 (3) To enhance small business bidding opportunities, theadministrator2 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 viewopen 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. Theadministratorbureau chief shall have the right to reject 10 any and all bids pursuant to rules established for thedivisionbureau. 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 BYADMINISTRATORBUREAU 26 CHIEF. (1) Notwithstanding any provision of this chapter to the contrary, the 27administrator of the divisionbureau 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 theadministrator of the divisionbureau 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 theadministrator68 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 4administratorbureau chief may designate. Further, theadministratorbureau 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 theadministratorbureau 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 12administratorbureau 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 theadministratorbureau 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 thedirector of the20department of administrationadministrator 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 theadministrator of the24divisionbureau 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, theadmin-37istrator of the divisionbureau 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. Theadministrator of the divisionbureau 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, theadministrator of the divisionbureau 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 48administrator of the divisionbureau 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 REQUIREDRULES, REGULATIONS AND6 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 theadministratorbureau chief of the bureau of 12 purchasing to prescribeby rules and regulationsthe manner by which to obtain 13 and implement such discounts, and to do whatever is necessary to implement14such 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. Theadministrator of the divisionbureau 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, theadministrator of the divisionbureau 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 theadministratorbureau chief and theadministratorbureau 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 Theadministratorbureau 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 prescribefor a period of three (3) years3after the date of final action, orfor a period of time as may be proscribed 4 by the record retentionguideline schedule approved by the director of the5department of administrationrules, 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, theadministratorbureau 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 theadministratorbureau 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 theadministrator16 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 31administratorbureau 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 theadministratorbureau 3 chief of thedivisionbureau 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 Theadministratorbureau 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 theadministratorbureau 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, thedivision adminis-28tratorbureau 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 theadministratorbureau 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 thedivisionbureau, as well as withtheany 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 2divisionbureau 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 other13disability,have standing to intervene inthe proceeding as a party and such14intervenor may participate in the purchase appeal oran 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 thedirectoradministrator of thedepartment of administra-38tiondivision 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 thedirector of the department of administrationadministrator 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 theadmin-50istratorbureau 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.DIVISIONBUREAU 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 theadministrator of the divisionbureau 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, theadministrator of the division18 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 thedirector of the department of administration21 administrator of the division of general services for appointment of a 22 determinations officer. If thedirectoradministrator of thedepartment of23administrationdivision 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 Theadministrator shallbureau chief may reset the bid openingno38later than fifteen (15) days afterupon final determination of challenges 39 or the amendment of the specifications.If the administrator denies the40challenge, then the bid opening date shall not be reset.41 The final decision of the determinations officer oradministrator42 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 thedirector of the50department of administrationadministrator 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.and53shall not apply to a vendor whose bid is considered but who is determined54not to be the lowest responsible bidder as defined in this chapter.The 74 1directoradministrator shall: 2 (i) Deny the application;or3 (ii) Reverse the nonresponsiveness decision; or 4 (iii) Appoint a determinations officer to review the record and sub- 5 mit a recommended order to thedirectoradministrator to affirm or 6 reverse theadministrator'sbureau chief's decision of bid nonrespon- 7 siveness. 8The directorIf 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 theadministrator'sbureau 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) Avendor whose bid is consideredresponsive bidder may, within five 16 (5) working days following receipt of notice that he is not the lowest 17 responsible bidder, apply to thedirector of the department of administra-18tionadministrator 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 theadministrator'sintent to award decision is 21 thought to be erroneous. Upon receipt of the application, thedirector22 administrator shall withinthreefive (35) working days: 23 (i) Deny the application, and such denial shall be considered the 24 final agency decision;or25 (ii) Reverse the intent to award determination; 26 (iii) Appoint a determinations officer to review the record to deter- 27 mine whether theadministrator'sselection 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 thedirectoradministrator by 34 written recommendation whether, in his opinion, theadministrator'sbureau 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 thedirectoradministrator shall sustain, modify or reverse the decision 43 of theadministratorbureau chief on the selection of the lowest responsi- 44 ble bidder or thedirectoradministrator 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 thedirector of the department of50administrationadministrator of the division of general services. Upon 51 receipt of the findings of fact, conclusions of law and recommended order, 52 thedirectoradministrator shall enter a final order sustaining, modifying 53 or reversing the decision of theadministratorbureau 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 theadministrator of the divisionbureau 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, thedirectoradministrator shall 7 either: 8 (i) Deny the application;or9 (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 thedirectoradministrator to affirm or 12 reverse theadministrator'sbureau chief's sole source determination. 13 Thedirectoradministrator shall, upon receipt of a written recommen- 14 dation from the determinations officer, sustain, modify or reverse the 15administrator'sbureau 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) Theadministrator of the divisionbureau chief of the bureau of pur- 20 chasing may, on his own initiative, file a complaint with thedirector21 administrator for a hearing before a determinations officer. Thedirector22 administrator shall appoint a determinations officer who shall make writ- 23 ten recommendations to thedirector and the directoradministrator and the 24 administrator shall render whatever decision is necessary to resolve the 25 complaint. 26 (2) Thedirector of the department of administrationadministrator 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 officer29shall 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 thedirector of the department of32administrationadministrator of the division of general services; provided 33 that in all other cases where a determinations officer is appointed by the 34director, the directoradministrator, 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 shallexistserve 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 besteconomicinterests 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, thedirector of the department44of administrationadministrator 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 thedetermina-10tions officeradministrator, 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 thedivisionbureau 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: 3367-574046-1301. ADDITIONAL AUTHORITY AND DUTIES OF THEADMINISTRATOR OF34THE DIVISION OF PURCHASINGADJUTANT GENERAL. (a) Theadministrator of the35division of purchasingadjutant general is authorized and empowered (1) to 36 acquire from the United States of America under and in conformance with the 37 provisions ofsection 203(j) [40 U.S.C. sec. 484(j)] oftheFfederalPproperty 38 andAadministrativeSservicesAact 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 Codeof 1954as 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) Theadministratoradjutant 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 undersection 203(k) [40 U.S.C. sec. 484(k)] ofthe act. 16 (c) For the purpose of executing its authority under this chapter, the 17administratoradjutant 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) Theadministrator, subject to approval of the director of administra-24tionadjutant 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) Theadministratoradjutant 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) Theadministratoradjutant general is authorized and empowered to act 43 as aclearing houseclearinghouse of information for the public and private 44 nonprofit institutions, organizations and agencies referred to insubparagraph45 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 theabove mentionedabovementioned 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) Theadministratoradjutant 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) Theadministratoradjutant 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 20subparagraph (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: 2967-574146-1302. DELEGATION OF DUTIES -- BONDING OF AGENCY PERSONNEL. The 30director of the department of administrationadjutant general may delegate to 31 any of his employeesof the division of purchasingsuch authority as he deems 32 reasonable and proper for the effective administration of thisactchapter. 33 Thedirectoradjutant 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 thisactchapter, and 36 all such departments and agencies are hereby authorized to assist and cooper- 37 ate with thedirectoradjutant general in the administration of thisactchap- 38 ter. Any person in the employ of thedivision of purchasingfederal 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: 4867-574246-1303. 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 thisactchapter 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 theadministrator of the division of purchasingadjutant gen- 9 eral. 10 SECTION 104. That Section 67-5743, Idaho Code, be, and the same is hereby 11 amended to read as follows: 1267-574346-1304. TRANSFER CHARGES. Theadministrator of the division of13purchasingadjutant 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 thisactchapter. Any charges made or fees assessed by theadminis-16tratoradjutant 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 thedivisionadjutant 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: 2667-574446-1305. SURPLUS PROPERTY REVOLVING FUND MAINTAINED -- CHARGES 27 AND FEES, DEPOSITION.The surplus property revolving fund, as created by chap-28ter 161, laws of 1957, is hereby maintained and continued to carry out the29provisions of sections 67-5740--67-5744, Idaho Code.The charges or fees 30 received by thedivision of purchasingadjutant 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 3467-5740--67-574446-1301 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 theSstandard 39AappropriationsAact of 1945. 40 The amount of the working capital reserve in any fiscal year shall be 41 determined by thedirector of the department of administrationadjutant gen- 42 eral and shall not exceed an amount equivalent to the estimated cost of opera- 43 tion of the surplus property function of thedivisionadjutant 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 4667-5740--67-574446-1301 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 thedirector of administrationadjutant 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 sections67-5740--67-574446-1301 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 thedepartment of administrationdivision 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 thedepartment of administrationdivision 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, thedepartment of administrationdivision 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 42director of the department of administrationadministrator 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 thedepartment of administrationdivision of general services. 46 Thedepartment of administrationdivision 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) Thedepartment of administration10 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, thedepartmentdivision 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 thedepartment'sdivision'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. Thedepartmentdivision 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 thedepartmentdivision 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 ofthis chaptersections 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 6department of administrationdivision 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.CENTRALPOSTALSYSTEMSERVICES..There is hereby created the11central postal system under the direction of the department of administration.12The central postal system shall be under the supervision of a central postal13system head who shall cause to be distributed all incoming mail and process14all outgoing mail for all departments, agencies, institutions and offices of15the state of Idaho which are housed and located within the capitol mall.16The department of administration is authorized to add such personnel and17to acquire such postal equipment as may be necessary to efficiently operate18the central postal systemThe 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 KEPT24THROUGH CENTRAL POSTAL SYSTEM -- EXCEPTIONPOSTAL SERVICES ADMINISTRATION.The25central postal system chief, under the direction of the department of adminis-26tration, shall cause to be metered all such outgoing mail and shall be respon-27sible for the keeping of records and costs thereof, and shall be able to at28least monthly certify to the state controller the amount expended on behalf of29each department, agency or institution directly utilizing the central postal30system, which amount shall be charged against the funds of such department,31agency or institution and continually appropriated to the account of the32department of administration for the operation of the central postal system.33Those agencies which expend funds for stamps and metered postage directly34shall make expenditure reports available to the department of administration35at least semiannually.Thedepartment of administrationdivision of general 36 services shall annually submit in thedepartmentdivision'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.The39central postal system chief is hereby directed to evaluate materials to be40mailed and shall cause mail to be properly prepared utilizing the lowest prac-41tical 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 ofadministrationthe 48 Idaho state historical society maydeveloppromulgate rules subject to the 49 provisions of chapter 52, title 67, Idaho Code,rulesand 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 thedepartment of administrationIdaho 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 ofadministration30 the state historical society shall develop and distribute to all state agen- 31 cies a records management manual containing all the rules,andprocedures 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.MICROFILMINGSTORAGE SERVICES.The director of administra-37tion shall develop a microfilming facility to provide microfilming services to38state agencies when, in his judgment, such a facility would be in the best39interests of the state. Microfilming equipment and related equipment under the40control of other state agencies at the time of this development shall become41the property of the department of administration at the direction of the42director of administration.43 The director ofadministrationthe 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. Thedirector of the department of admin-86 1istrationadministrator 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 4department of administrationadministrator of the division of general 5 services. Thedirectoradministrator 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) Thedirector of the11department of administrationadministrator 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 15directoradministrator 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 determiningDetermine 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. Thedirectoradminis- 38 trator may negotiate deductibles to any group plan or coverage. 39 Alternatively, thedirectoradministrator 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 thedirectoradministrator. The 14directoradministrator 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 thedirector of the32department of administration'sobjective 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, thedirectoradministrator 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.DIRECTORADMINISTRATOR MAY PROVIDE SERVICE TO SCHOOL DISTRICTS 45 AND OTHER POLITICAL SUBDIVISIONS. (1) Under terms and procedures mutually 46 agreed upon by contract, thedirector of the department of administration47 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 ofthis actsections 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 thedirector of the department of adminis-11tration under this actadministrator of the division of general services and 12 covering personnel of any state office, department, division, board, commis- 13 sion, institution, agency and operation, thedirector of the department of14administrationadministrator 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 underthis actsections 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-DEPARTMENTALINTERDEPARTMENTAL TRANSACTIONS -- ADMINISTRA- 28 TIVE CONTRIBUTION -- AMOUNTS -- LIMITS -- REFUNDS -- APPROPRIATION. (1) The 29director of the department of administrationadministrator 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 thedirectoradmin- 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, thedirectoradministrator 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. Thedirectoradministrator 40 shall allocate the apportioned share of the reasonable costs of administering 41this actsections 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, thedirectoradministrator 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 thedirectoradminis- 4 trator on account of group policies and group contracts shall be retained by 5 thedirectoradministrator and used for application upon future premiums and 6 prepayments as equitably apportioned by thedirectoradministrator. 7 (4) Moneys received by thedirectoradministrator 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 INSURANCEACCOUNTFUND CREATED -- ADMINISTRATION -- PER- 18 PETUAL APPROPRIATION. There is hereby established in theagency asset fund in19thestate treasurya special account,the "Group InsuranceAccountFund," 20 which shall be administered exclusively for the purposes ofthis actsections 21 67-5760 through 67-5772, Idaho Code. Thisaccountfund shall consist of all 22 contributions collected pursuant tothis actsections 67-5760 through 67-5772, 23 Idaho Code, and all interest earned upon any moneys in theaccountfund. 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 thedirector of the department of administration30 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 byrules ofthedirector of the department of administrationadministrator 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, thedirector of the department of37administrationadministrator 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, thedirector of the department47of administrationadministrator 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) Thedirector of the2department of administrationadministrator 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. Thedirector20 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 shall31consult with the advisory committee in the performance of those duties32enumerated above.33 (2) As to all such needs and coverages, thedirectoradministrator 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 thedepart-40ment of administration. The risk manager shall be selected and retained sub-41ject to the provision of chapter 53, title 67, Idaho Codedivision of general 42 services. The risk manager may, with the agreement of thedirectoradministra- 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, thedirector of51the department of administrationadministrator 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 RISKSACCOUNTFUND -- PURPOSES -- AMOUNT -- LIMIT -- 17 APPROPRIATION -- INVESTMENT. (1) There is hereby createdan account in the18agency asset fundin the state treasuryto be designatedthe "retained risk 19accountfund." Theaccountfund 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 thedirector of the department of administra-24tionadministrator of the division of general services. 25 (2) In addition to moneys, if any, appropriated to theaccountfund by 26 the legislature, thedirectoradministrator of the division of general ser- 27 vices shall deposit with the state treasurer for credit to the retained risk 28accountfund: 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) Thedirectoradministrator 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 riskaccountfund, and as to making of claim and 42 proof of loss. 43 (4) All moneys placed in theaccountfund are hereby perpetually appro- 44 priated for the purposes of this section. All expenditures from theaccount45 fund shall be paid out in warrants drawn by the state controller upon presen- 46 tation of proper vouchers from thedirector of the department of administra-47tionadministrator of the division of general services. 48 (5) Pending such use, surplus moneys in theaccountfund 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 theaccount52 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 Thedirector of the department of administrationadministrator of the division 5 of general services shall charge each office, department, division, board, 6 commission, institution, agency and operation for which thedepartmentdivi- 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, thedirectoradministrator 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 riskaccountfund, 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 suchaccountfund. 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, thedirectoradministrator 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 riskaccountfund 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 thedirector of the department of administrationadminis- 36 trator of the division of general services within thirty (30) days after the 37 date due when funds have been appropriated, thedirectoradministrator 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 riskaccountfund. 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, thedirector, department of47administrationadministrator 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 tion67-571039-4302, 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 thedepartment of administrationdivision 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 thisactchap- 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 Thedirector of the department of administrationadministrator 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 thedirector of the department of administrationadminis- 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 22department of administrationdivision of general services to be expended by it 23 for the purposes stated in sections 72-331 and 72-332, Idaho Code. 24 SECTION 136. Notwithstanding any other provision of law to the contrary, 25 all employees of the Department of Administration whose positions may be elim- 26 inated as a result of this act, may bid on contracts for which the state of 27 Idaho issues invitations to bid or requests for proposals to provide goods or 28 services similar to or related to the type of work provided in the person's 29 state position. No employee may start a contract with the state of Idaho while 30 still employed by the state. 31 SECTION 137. SEVERABILITY. The provisions of this act are hereby 32 declared to be severable and if any provision of this act or the application 33 of such provision to any person or circumstance is declared invalid for any 34 reason, such declaration shall not affect the validity of the remaining por- 35 tions of this act. 36 SECTION 138. An emergency existing therefor, which emergency is hereby 37 declared to exist, Sections 136 and 137 of this act shall be in full force and 38 effect on and after passage and approval. All other sections of this act shall 39 be in full force and effect on and after July 1, 2007. All rules of the 40 Department of Administration shall remain in effect until December 1, 2007, 41 and the Administrative Rules Coordinator shall have the authority to do minis- 42 terial tasks with the Department of Administration's rules and assign them to 43 the appropriate entity in the Administrative Rules Coordinator's discretion.
STATEMENT OF PURPOSE RS 17070 This legislation would devolve the Department of Administration. It transfers the microwave services/public safety communications function and federal surplus function to the Military Division. It places the responsibility for the records center with the Idaho State Historical Society. It transfers network and telephone services along with the Information Technology and Resource Management Council (ITRMC) to the Division of Financial Management. The Treasurer's Office would oversee the bond payment program. The design/construction aspect of the Division of Public Works transfers to the Division of Building Safety including the Capitol Commission, the Permanent Building Fund Advisory Council, and the Governor's Housing Committee. This legislation also creates a Division of General Services in the Executive Office of the Governor. The General Services Division includes an Insurance bureau to oversee the Industrial Special Indemnity Fund, Risk Management and Group Insurance functions; an Administrative Rules bureau to oversee publishing of agency rules; a Purchasing bureau to oversee statewide purchasing; and a Facility Services bureau to be responsible for Capitol Mall maintenance, statewide leasing and grounds keeping. This devolvement does not eliminate any functions, but rather changes where they are located organizationally and the means by which oversight of the function is provided. FISCAL NOTE Spending authority and funding sources have been moved accordingly from the current department structure to the organizational structures proposed in this bill. Subsequent to FY 2008 appropriations, certain budget adjustments within currently allowable provisions may be necessary as the relationship of services provided by state employees is compared to those available through contract services. Cost benefit analysis will be used to determine the feasibility of making future changes in expenditure patterns. The net change to the budget compared to current organizational structure is an anticipated reduction in employee positions (FTP). Agencies that receive services based on billing procedures may also incur minor adjustment due to apportioning of costs differently under the new structure. Contact: Name: Keith Johnson, Department of Administration Phone: 332-1826 Dawn Hall, Division of Financial Management 874-3060 STATEMENT OF PURPOSE/FISCAL NOTE H 247