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H 432

STATE CONTROLLER – Amends existing law to provide that any state agency that knowingly fails to report an agreement may be subject to liability.

68th Legislature, 1st Regular Session (2025) Introduced by Heather Scott

Idaho HB 432 requires all state agencies to report any agreement (MOA/MOU) within 10 days, publish a list, designate a contact, and impose liability for knowing nonreporting.

Reported Printed; Filed in the Office of the Chief Clerk
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Bill Summary · H 432

Idaho House Bill 432 (H 432) – Summary

Overview

  • Purpose: Amends state law to require state agencies to report agreements to the State Controller within ten days and to address liability for knowingly failing to report. Aims to improve transparency of state agreements.
  • Sponsor: Representative Heather Scott (primary).
  • Status: Introduced and printed; referred to JRA for printing; later reported printed and filed with the Chief Clerk.
  • Introduced: March 21, 2025.
  • Effective Date: Emergency clause included; becomes effective July 1, 2025.
  • Fiscal impact: No net revenue impact or new state/local expenditures (per fiscal note).

What the bill would do

  • Require all state officers, departments, divisions, bureaus, and agencies to report to the State Controller any agreement, including memoranda of agreement (MOA) or memorandum of understanding (MOU), within 10 days of entering into the agreement.
  • Mandate the State Controller to store, maintain, and publish a current list of all such agreements.
  • Require each reporting agency to provide a contact person for the agreement.
  • Authorize the State Controller to develop and publish a reporting policy to implement the statute, including scope and method of reporting, to be published where the list is published.

Key provisions (amendment to Idaho Code)

  • 67-1085, Reporting of Agreements: Expanded to require reporting within 10 days and to include MOUs/MOAs.
  • Publication and accessibility: The State Controller must publish and maintain the list of agreements, in the same location as other state government disclosures.
  • Contact information: Agencies must designate a contact person for each agreement.
  • Policy authority: The State Controller can create and publish a policy detailing how reporting should be carried out and how the information will be shared to enhance transparency.
  • Liability for noncompliance: Agencies that knowingly fail to report an agreement may be subject to liability under Idaho Code, chapter 9, title 6 (the specific liability mechanisms are not enumerated in the summary but would be defined in that chapter).

Who is affected

  • All state officers and state agencies (including departments, divisions, bureaus, and other state entities) that enter into agreements, MOUs, or MOAs with other parties.

Liability and enforcement

  • “Knowingly fails to report any agreement” can incur liability under the referenced Idaho Code provisions (chapter 9, title 6). The bill does not specify penalties within this text; penalties would fall under the existing liability framework cited.

Administrative and timeline details

  • Policy development: The State Controller will develop and publish the reporting policy.
  • Publication location: The list and policy will be published where other state agreement information is published (per 67-1001(20)).
  • Emergency clause: The act declares an emergency and sets the effective date to July 1, 2025, accelerating implementation.

Practical implications

  • Agencies gain a formal obligation to report agreements promptly and provide a contact for each agreement.
  • Increased public transparency of state contracting and agreements through published lists.
  • Potential liability risk for agencies that knowingly omit reporting, providing a deterrent to noncompliance.
  • Minimal or no direct fiscal impact expected per the fiscal note.

Compiled from official sources — confirm details with the bill’s official record.

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