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H0450aaS................................................by LOCAL GOVERNMENT
SHELTERS - Amends existing law to authorize the board of county
commissioners to lease, without public auction, property to a nonprofit
corporation or association organized for the purpose of erecting and
maintaining a shelter to house victims of sexual or domestic violence.
01/27 House intro - 1st rdg - to printing
01/28 Rpt prt - to Loc Gov
02/03 Rpt out - rec d/p - to 2nd rdg
02/04 2nd rdg - to 3rd rdg
02/07 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader,
McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Gagner, Linford, Marley, Mortensen
Floor Sponsors - Jaquet, Ridinger
Title apvd - to Senate
02/08 Senate intro - 1st rdg - to Loc Gov
02/15 Rpt out - to 14th Ord
02/22 Rpt out amen - to engros
02/23 Rpt engros - 1st rdg - to 2nd rdg as amen
02/24 2nd rdg - to 3rd rdg as amen
03/21 3rd rdg as amen - PASSED - 29-1-5
AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Ingram, Ipsen,
Keough, King-Barrutia, McLaughlin, Parry, Richardson, Riggs, Risch,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams
NAYS--Hawkins
Absent and excused--Andreason, Geddes, Lee, Noh, Sandy
Floor Sponsor - Stennett
Title apvd - to House
03/22 House concurred in Senate amens - to engros
03/23 Rpt engros - 1st rdg - to 2nd rdg as amen
03/24 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg,
Kempton, Kendell, Kunz, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Moss, Moyle, Pearce, Pomeroy, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann,
Mr Speaker
NAYS -- None
Absent and excused -- Campbell, Chase, Hansen(29), Lake, Mortensen,
Pischner, Reynolds
Floor Sponsors - Jaquet, Ridinger
Title apvd - to enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
03/31 Governor signed
Session Law Chapter 128
Effective: 07/01/00
H0450
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 450, As Amended in the Senate
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO LEASE OF COUNTY PROPERTY; AMENDING SECTION 31-836, IDAHO CODE, TO
3 AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS TO LEASE PROPERTY, WITHOUT
4 PUBLIC AUCTION, TO A NONPROFIT CORPORATION OR ASSOCIATION ORGANIZED FOR
5 THE PURPOSE OF ERECTING AND MAINTAINING A SHELTER INTENDED TO HOUSE VIC-
6 TIMS OF SEXUAL OR DOMESTIC VIOLENCE AND TO MAKE A TECHNICAL CORRECTION;
7 AND PROVIDING AN EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 31-836, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 31-836. LEASE OF COUNTY PROPERTY. Except as otherwise provided by law,
12 the board of county commissioners may lease any property belonging to the
13 county:
14 (1) Without public auction for a term not exceeding five (5) years at
15 such rental as may be determined upon by the unanimous vote of such board, or
16 at public auction to the highest bidder for a term not exceeding thirty (30)
17 years. Rents shall be paid annually in advance provided, however, that the
18 provision requiring the payment of rent in advance shall not apply to a lease
19 to the federal or state government, a municipal corporation of this state, or
20 any governmental agency or department.
21 (2) Any hospital or hospital grounds or portions thereof to be used in
22 conjunction with hospital operations or hospital equipment belonging to the
23 county may be leased by the board without public auction for a term not
24 exceeding twenty (20) years; or any property suitable for a shelter intended
25 to house victims of sexual or domestic violence which property belonging to
26 the county may be leased by the board without public auction to any nonprofit
27 corporation or association organized for the purpose of erecting and maintain-
28 ing a shelter to house victims of sexual or domestic violence for a term not
29 exceeding twenty (20) years; and, provided further, that the county, either as
30 lessor or lessee, may enter into any lease or other transaction concerning any
31 property with the Idaho health facilities authority for any term not to exceed
32 ninety-nine (99) years.
33 (3) Any property belonging to the county may be leased by the board with-
34 out public auction for a term not to exceed thirty (30) years, to be used for
35 an industrial park in conjunction with economic development purposes. An
36 industrial park for purposes of this section means facilities for manufactur-
37 ing, processing, production, assembly warehousing or activities associated
38 therewith.
39 (4) Without public auction the board of county commissioners may lease
40 any property belonging to the county and not necessary for its use to the
41 state of Idaho or any political subdivision thereof for any public purpose, to
42 any nonprofit corporation or association organized for the purpose of erecting
43 and maintaining thereon any play field, recreation park or stadium to serve as
2
1 a memorial to the living or deceased soldiers, sailors and marines of an armed
2 conflict entered into by the United States, or to any hospital district orga-
3 nized under title 39, chapter 13, title 39, Idaho Code, for use in furthering
4 the purposes of said district or to any nonprofit corporation or association
5 organized for the purpose of erecting and maintaining an animal shelter. Such
6 lease may be for any term not to exceed ninety-nine (99) years, may provide
7 for only a nominal rental to the county and shall, by its provisions, termi-
8 nate when the property so leased ceases to be used for any public purpose, as
9 an animal shelter, as a play field, recreation park or stadium serving as a
10 memorial, or by the hospital district for its purposes. Nothing in this sub-
11 section shall prohibit the naming or title sponsorship of any play field, rec-
12 reation park or stadium erected and maintained as a memorial as provided in
13 this subsection as long as the play field, recreation park or stadium contin-
14 ues to serve as such memorial.
15 SECTION 2. This act shall be in full force and effect on and after July
16 1, 2000.
AH0450
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Stennett
Seconded by Bunderson
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 450
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 24, following "years;" insert: "or
3 any property suitable for a shelter intended to house victims of sexual or
4 domestic violence which property belonging to the county may be leased by the
5 board without public auction to any nonprofit corporation or association orga-
6 nized for the purpose of erecting and maintaining a shelter to house victims
7 of sexual or domestic violence for a term not exceeding twenty (20) years;";
8 and delete line 43, and on page 2, delete lines 1 through 11 and insert:
9 "organized for the purpose of erecting and maintaining an animal shelter. Such
10 lease may be for any term not to exceed ninety-nine (99) years, may provide
11 for only a nominal rental to the county and shall, by its provisions, termi-
12 nate when the property so leased ceases to be used for any public purpose, as
13 an animal shelter, as a play field, recreation park or stadium serving as a
14 memorial, or by the hospital district for its purposes. Nothing in this sub-
15 section shall prohibit the naming or title sponsorship of any play field, rec-
16 reation park or stadium erected and maintained as a memorial as provided in
17 this subsection as long as the play field, recreation park or stadium contin-
18 ues to serve as such memorial.".
STATEMENT OF PURPOSE
RS 09438C1
Current Statute, I.C. 31-836, permits counties and municipalities
to lease property without auction for a term not to exceed 99 years
for such things as a play field, recreation park or stadium, memorial,
and animal shelters. This proposed legislation adds domestic violence
safe-houses to that list, which would allow counties and municipalities
to lease property for a term of that length to a non-profit corporation
or association intending to build and maintain a shelter intended to
house victims of sexual or domestic violence.
FISCAL IMPACT
There is no fiscal impact.
Contact :
Name: Representative Wendy Jaquet
Phone: (208) 332-1133
Representative Tim Ridinger
(208) 332 -1133
STATEMENT OF PURPOSE/FISCAL NOTE H 450