Bill Description: Senate Bill 1077 would require counties, cities, highway districts and airports to use competitive bidding procedures when signing a lease that involves revenue-sharing.
Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency, accountability, or election integrity? Conversely, does it increase public access to information related to government activity or increase government transparency, accountability, or election integrity?
Senate Bill 1077 would amend Section 21-401, Idaho Code, to say that "Aviation fields or airport property shall not be leased to any person, association, or corporation if the lease agreement contains a profit-sharing component between the political subdivision and a private party, except under reasonable competitive bidding procedures as provided in this subsection.”
It would similarly amend Section 31-836, Idaho Code, to apply the same standard to counties, saying, a “county shall not lease property to any person, association, or corporation if the lease agreement contains a profit-sharing provision unless the public notice and bidding procedures set forth in section 31-808, Idaho Code, are followed."
Regarding highway districts, the bill would amend Section 40-1309, Idaho Code, to say, "Before entering into any lease or lease-purchase agreement containing a profit-sharing component between the highway district and a private entity, the procedures set forth in paragraph (a) of this subsection must be followed as though the transaction were a sale." Paragraph (a) lays out specific procedures for disposing of "personal or real property, no longer useful to the district" worth $10,000 or more.
Finally, the bill amends Section 50-1409, Idaho Code, regarding cities, to say, "Before entering into any lease or lease-purchase agreement that contains a profit-sharing component between the city and a private entity, the public notice and hearing provisions set forth in this chapter for the sale of property must be followed."
The use of competitive bidding procedures in government can help to improve transparency and accountability while decreasing cronyism and favoritism. While such procedures are already widely used, Senate Bill 1077 makes it clear that they apply to leases with a profit-sharing component between government and a private entity.