STATE GOVERNMENT
AND STATE AFFAIRS
CHAPTER 23
MISCELLANEOUS PROVISIONS
67-2328.Joint exercise of powers. (a) Any power, privilege or authority,
authorized by the Idaho Constitution, statute or charter, held by
the state of Idaho or a public agency of said state, may be exercised
and enjoyed jointly with the state of Idaho or any other public agency
of this state having the same powers, privilege or authority; but
never beyond the limitation of such powers, privileges or authority;
and the state or public agency of the state, may exercise such powers,
privileges and authority jointly with the United States, any other
state, or public agency of any of them, to the extent that the laws
of the United States or sister state, grant similar powers, privileges
or authority, to the United States and its public agencies, or to
the sister state and its public agencies; and provided the laws of
the United States or a sister state allow such exercise of joint power,
privilege or authority. The state or any public agency thereof when
acting jointly with another public agency of this state may exercise
and enjoy the power, privilege and authority conferred by this act;
but nothing in this act shall be construed to extend the jurisdiction,
power, privilege or authority of the state or public agency thereof,
beyond the power, privilege or authority said state or public agency
might have if acting alone.
(b) Any
state or public agency may enter into agreements with one another
for joint or cooperative action which includes, but is not limited
to, joint use, ownership and/or operation agreements pursuant to the
provisions of this act. Appropriate action by ordinance, resolution,
or otherwise pursuant to law of the governing bodies of these participating
public agencies shall be necessary before any such agreement may enter
into force.
(c) Any
such agreement shall specify the following:
(1) Its
duration.
(2) The
precise organization, composition and nature of any separate legal
or administrative entity created thereby together with the powers
delegated thereto, provided such entity may be legally created.
(3) Its
purpose or purposes.
(4) The
manner of financing the joint or cooperative undertaking and of establishing
and maintaining a budget therefor.
(5) The
permissible method or methods to be employed in accomplishing the
partial or complete termination of the agreement and for disposing
of property upon such partial or complete termination.
(6) Any
other necessary and proper matters.
(d) In the
event that the agreement does not establish a separate legal entity
to conduct the joint or cooperative undertaking, the agreement shall,
in addition to items (1), (3), (4), (5), and (6) of subsection (c)
of this section, contain the following:
(1) Provision
for an administrator or a joint board responsible for administering
the joint or cooperative undertaking. In the case of a joint board,
public agencies party to the agreement shall be represented.
(2) The
manner of acquiring, holding, and disposing of real and personal property
used in the joint or cooperative undertaking.
(3) No agreement
made pursuant to this act shall relieve any public agency of any obligation
or responsibility imposed upon it by law except that to the extent
of actual and timely performance thereof by a joint board or other
legal or administrative entity created by an agreement made hereunder,
said performances may be offered in satisfaction of the obligation
or responsibility.
Idaho Statutes