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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 10
STATE CONTROLLER
67-1085A. STATE AGENCY AGREEMENT REPORTING REQUIREMENTS. (1) As used in this section:
(a) "Agency" means any state officer, department, division, bureau, or agency of the state of Idaho.
(b) "Agreement" includes any legally binding contract, MOU, or MOA entered into by an agency with external entities.
(c) "Master agreement" means a contract outlining general terms for a business relationship with specific sub-agreements that are subject to the master agreement’s terms.
(d) "Memorandum of agreement" or "MOA" means a legally binding agreement defining the terms, obligations, and responsibilities of the parties.
(e) "Memorandum of understanding" or "MOU" means a non-binding agreement outlining a common understanding or objective between two (2) or more parties.
(f) "Sub-agreement" means a contract subordinate to a master agreement that outlines specific terms or obligations.
(2) Agencies shall report any executed MOU, MOA, or agreement, including sub-agreements, regardless of fund source, to the state controller within ten (10) business days of execution.
(3) Reports required pursuant to subsection (2) of this section shall be submitted through the designated state controller reporting portal and must include:
(a) A document title;
(b) The date of execution and end date, if applicable;
(c) A list of participating entities;
(d) A brief summary or purpose;
(e) An agency contact person’s name, email, and phone number;
(f) Any amendments or modifications to the agreement; and
(g) The monetary value of the agreement, including total contract cost, funding sources, and payment schedule, if applicable.
(4) Amendments to existing agreements shall not require separate reporting but shall be updated in the original submission, including the date of the last amendment and updated end date if the amendment extended the term of the agreement.
(5)(a) The following agreements are exempt from the provisions of this section and are not required to be reported:
(i) Employment-related agreements with state employees, excluding settlement agreements;
(ii) Routine financial documents such as invoices and purchase orders used in the ordinary course of business;
(iii) Student housing and financial aid agreements between institutions and students; and
(iv) Template agreements with standard terms used for short-term incidental purposes.
(b) Statewide contracts executed by the department of administration, division of purchasing, shall be reported by the department of administration, except that sub-agreements executed by individual agencies shall be reported by the agency executing the sub-agreement.
(6) Each agency shall annually review, update, and certify the accuracy and completeness of its reported agreements by January 1 of each year. The certification must be signed or acknowledged by the agency head or an authorized representative.
(7)(a) The state controller shall maintain and publish a centralized publicly accessible list of reported agreements, subject to public records exemptions under chapter 1, title 74, Idaho Code. At a minimum, the publicly available information shall include the information required to be reported under subsection (3) of this section.
(b) The state controller shall monitor agency compliance and may provide assistance to an agency in meeting the requirements of this section.
(c) Should the state controller become aware of an agency’s failure to report as required pursuant to subsection (2) of this section, the state controller shall provide prompt written notice to the agency of such failure, whereupon the agency shall cure the noncompliance within thirty (30) days of the date of receipt of such written notice or notify the state controller it will comply by a time certain, not to exceed sixty (60) days from the date of notice of noncompliance.
(d) The state controller shall prepare an annual report of any agency that fails to cure its noncompliance as provided in paragraph (c) of this subsection. Such report shall be provided to the legislative services office on or before January 5 of each year.
(e) An agency that remains noncompliant after an opportunity to cure its noncompliance may be subject to potential budgetary holdbacks for the following fiscal year at the discretion of the joint finance-appropriations committee, upon the approval of the budget by the legislature and subject to the final approval of the governor.
(f) The state controller shall have authority to develop and maintain a guidance policy to carry out the provisions and requirements of this section, including the manner of reporting agreements to its reporting portal, and shall publish such policy in the same location where the list of reported agreements is published.
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