Bill Analyses and Ratings

Bill Information: S1436 – Idaho State Cooperative Purchasing Flexibility Act

Session: 2026 Regular Session
Status: Dead
Last Action: Returned from House Failed; to Secretary of Senate (Apr 1, 2026)

Bill Summary

Senate Bill 1436 amends Idaho Code Section 67-9224 to expand and clarify the state administrator’s authority over cooperative and group discount purchasing arrangements. The bill adds a ‘notwithstanding any provision of this chapter to the contrary’ clause that ensures the administrator’s cooperative purchasing authority supersedes other potentially conflicting procurement requirements, and creates a new subsection explicitly permitting contract modifications when the administrator determines those modifications serve the state’s best interest. It also requires the administrator to notify vendors upfront about the state’s modification process before entering any such contract, adding a transparency requirement to the procurement relationship.

The bill includes formal legislative findings declaring that cooperative purchasing, group discount purchasing, and shared contracts reduce administrative burden by requiring fewer competitive solicitations and may enable the state to procure property at reduced cost. These findings codify the legislature’s intent to allow flexibility in modifying underlying cooperative contracts. The bill is declared an emergency measure, taking effect immediately upon passage and approval, giving state agencies a clearer and more flexible pathway to participate in multi-agency purchasing arrangements without restarting the full competitive bidding process.

Overall Assessment

Senate Bill 1436 is a narrowly focused administrative procurement reform that modernizes and clarifies Idaho’s cooperative purchasing statutes. The bill’s scope is limited to internal state government purchasing procedures—specifically how the administrator may modify cooperative contracts and how vendors must be informed of that process. While the bill does not substantively engage with most of the nineteen metric categories used in this analysis, it does draw a negative score under the Responsibility in Government metric.

The bill’s emergency clause and the broad authority it grants the administrator to modify cooperative contracts without returning to competitive bidding raises concerns about accountability and transparency in government procurement. Although the bill includes a vendor notification requirement, the expansion of unilateral modification authority by a single administrator, combined with the override of other procurement chapter provisions, represents a reduction in the checks and balances that promote responsible government. All other metrics received a score of zero, as the bill’s impact is confined to the mechanics of state purchasing administration and does not engage with policy areas such as education, agriculture, natural resources, health, family, law enforcement, or other evaluated domains.

Rating: -1

Rating Breakdown

ARTICLE I. Responsibility in Government (-1)

The bill's new subsection (6) contains explicit legislative findings that cooperative and group discount purchasing 'reduce administrative burden to the state by requiring fewer solicitations' and 'may enable the state to procure property for reduced cost.' These findings, combined with the new contract modification authority in subsection (2), represent a concrete effort to make government purchasing more efficient and cost-effective—directly serving fiscal responsibility goals. The requirement that vendors be notified of modification procedures before contract execution also adds a layer of procedural transparency to state procurement.

ARTICLE II. Citizen Involvement in Government (0)

This bill governs internal state procurement procedures and has no bearing on citizen participation in government, voting processes, elections, or political engagement.

ARTICLE III. Education (0)

The bill addresses state purchasing authority and contains no provisions related to schools, educational curriculum, teacher policy, parental rights, or school funding.

ARTICLE IV. Agriculture (0)

The bill governs general state procurement of property and contains no provisions affecting agricultural markets, farm policy, water law as it relates to agriculture, or rural economic concerns.

ARTICLE V. Water (0)

The bill makes no reference to water rights, water appropriation, reservoirs, dams, or any aspect of Idaho water law or management.

ARTICLE VI. Natural Resources and Environment (0)

The bill is confined to state purchasing procedures and contains no provisions touching natural resource management, environmental policy, federal land use, or wilderness issues.

ARTICLE VII. Energy (0)

The bill contains no provisions related to energy production, energy independence, utility rates, or any energy resource policy.

ARTICLE VIII. Idaho National Laboratories (0)

The bill addresses general state procurement authority and makes no reference to the Idaho National Laboratory, nuclear research, or technology transfer programs.

ARTICLE IX. Private Property Rights (0)

The bill governs how state agencies enter purchasing agreements and contains no provisions affecting private property ownership, takings, land use, or due process rights related to property.

ARTICLE X. State and Federal Lands (0)

The bill addresses state procurement procedures and contains no provisions concerning the ownership, management, or transfer of state or federal lands.

ARTICLE XI. Wildlife Management (0)

The bill is limited to state purchasing authority and contains no provisions related to fish, game, hunting, predator management, or wildlife policy.

ARTICLE XII. Economy (0)

While the bill may produce modest indirect economic benefits through more efficient government spending, it regulates internal government procurement processes rather than private commerce, business regulation, labor markets, or transportation infrastructure. The bill's effects are confined to the state's own purchasing operations and do not directly alter the regulatory or competitive environment for Idaho businesses.

ARTICLE XIII. Health and Welfare (0)

The bill addresses state purchasing procedures and contains no provisions related to healthcare delivery, health insurance, welfare programs, or public health policy.

ARTICLE XIV. American Family (0)

The bill governs state procurement authority and contains no provisions related to family policy, marriage, parental rights, abortion, or child welfare.

ARTICLE XV. Older Americans (0)

The bill addresses state purchasing procedures and contains no provisions affecting services, benefits, or policies directed at older Idahoans.

ARTICLE XVI. Law and Order with Justice (0)

The bill governs state procurement and contains no provisions related to criminal justice, firearms, incarceration, drug policy, or state sovereignty in law enforcement matters.

ARTICLE XVII. National Defense - Securing the Border (0)

The bill addresses state purchasing procedures and contains no provisions related to military affairs, veterans, border security, or National Guard deployment.

ARTICLE XVIII. Election of Judges and Idaho Supreme Court Justices (0)

The bill governs state procurement authority and contains no provisions related to judicial selection, judicial elections, or constitutional interpretation standards.

ARTICLE XIX. Religious Liberty (0)

The bill addresses state purchasing procedures and contains no provisions affecting the free exercise of religion, religious exemptions, or conscience protections.