1999 Legislation
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SENATE BILL NO. 1226 – Governor’s residence fund, use

SENATE BILL NO. 1226

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Daily Data Tracking History



S1226......................................................by STATE AFFAIRS
GOVERNOR'S RESIDENCE FUND - Adds to existing law to clarify that the
governor's residence fund may be used to provide a housing allowance and
for the acquisition, construction, remodel, furnishing, equipping or
maintenance of a governor's residence; and to revise the laws regarding
disposal or sale of the governor's residence.

02/18    Senate intro - 1st rdg - to printing
02/19    Rpt prt - to St Aff
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/04    3rd rdg - PASSED - 27-0-8
      AYES--Andreason, Boatright, Branch, Bunderson, Cameron, Crow,
      Danielson, Darrington, Davis, Dunklin, Frasure, Geddes, Hawkins,
      Ingram, Keough, Lee, Richardson, Riggs, Risch, Sandy, Schroeder,
      Sorensen, Stegner, Stennett, Twiggs, Wheeler, Whitworth
      NAYS--None
      Absent and excused--Burtenshaw, Deide, Ipsen, King, McLaughlin, Noh,
      Parry, Thorne
    Floor Sponsor - Risch
    Title apvd - to House
03/05    House intro - 1st rdg - to St Aff
03/18    Rpt out - rec d/p - to 2nd rdg
03/19    2nd rdg - to 3rd rdg
    Rules susp - PASSED - 46-15-9
      AYES -- Barraclough, Black, Boe, Chase, Crow, Cuddy, Deal, Denney,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Loertscher, Marley,
      McKague, Meyer(Duncan), Montgomery, Pischner, Pomeroy, Reynolds,
      Ringo, Sellman, Smith, Smylie, Stevenson, Stone, Tippets, Watson,
      Zimmermann, Mr Speaker
      NAYS -- Alltus, Bieter, Bruneel, Callister, Campbell, Ellsworth,
      Mader, Moyle, Ridinger, Robison, Sali, Schaefer, Stoicheff, Wheeler,
      Wood
      Absent and excused -- Barrett, Bell, Clark, Linford, Mortensen,
      Taylor, Tilman, Trail, Williams
    Title apvd - to Senate
03/22    To enrol - rpt enrol - Pres signed - Sp signed
03/23    To Governor
03/24    Governor signed
         Session Law Chapter 336
         Effective: 03/24/99

Bill Text


S1226


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1226

                                BY STATE AFFAIRS COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE GOVERNOR'S HOUSING COMMITTEE; AMENDING SECTION  67-455,  IDAHO
 3        CODE, TO PROVIDE THAT THE GOVERNOR'S RESIDENCE FUND MAY BE USED TO PROVIDE
 4        A  HOUSING  ALLOWANCE AND FOR THE ACQUISITION, CONSTRUCTION, REMODEL, FUR-
 5        NISHING, EQUIPPING OR MAINTENANCE OF A GOVERNOR'S RESIDENCE AND TO PROVIDE
 6        THAT THE PROCEEDS OF ANY SALE OR RENTAL OF  THE  GOVERNOR'S  RESIDENCE  OR
 7        PROPERTY  RELATED  OR  CASH  OR  CASH-EQUIVALENT DONATION THERETO SHALL BE
 8        RETURNED TO THE GOVERNOR'S RESIDENCE FUND; AMENDING CHAPTER 4,  TITLE  67,
 9        IDAHO  CODE,  BY THE ADDITION OF A NEW SECTION 67-455A, IDAHO CODE, TO SET
10        OUT THE POWERS OF THE GOVERNOR'S HOUSING COMMITTEE TO ACQUIRE AND  DISPOSE
11        OF  REAL AND PERSONAL PROPERTY AND TO PROVIDE CERTAIN EXEMPTIONS; AMENDING
12        CHAPTER 3, TITLE 58, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 58-335B,
13        IDAHO CODE, TO PROVIDE THAT REAL PROPERTY OF THE GOVERNOR'S  HOUSING  COM-
14        MITTEE  IS EXEMPT FROM THE REAL PROPERTY SURPLUS PROPERTY STATUTES; AMEND-
15        ING CHAPTER 57, TITLE 67, IDAHO CODE, BY THE ADDITION  OF  A  NEW  SECTION
16        67-5732B,  IDAHO CODE, TO PROVIDE THAT PERSONAL PROPERTY OF THE GOVERNOR'S
17        HOUSING COMMITTEE IS EXEMPT FROM THE SURPLUS PERSONAL  PROPERTY  STATUTES;
18        AND DECLARING AN EMERGENCY.

19    Be It Enacted by the Legislature of the State of Idaho:

20        SECTION  1.  That  Section  67-455, Idaho Code, be, and the same is hereby
21    amended to read as follows:

22        67-455.  GOVERNOR'S HOUSING COMMITTEE -- GOVERNOR'S RESIDENCE FUND.  
23    (1)  There is hereby created the governor's housing committee consisting
24    of  five  (5)  appointed  members.  The  following public officials shall each
25    appoint one (1) member to serve on the committee: the president pro tempore of
26    the senate, the speaker of the house of representatives, the  minority  leader
27    of  the senate and the minority leader of the house of representatives and the
28    director of the department of administration. Members of the  committee  shall
29    serve at the pleasure of the appointing public official or his successor.
30          (2)    There is hereby created the governor's residence fund.
31    All moneys in or added to the governor's residence fund and  any  dividend  or
32    interest  earnings  thereon are hereby perpetually appropriated to the depart-
33    ment of administration and set apart for the purposes of  providing  a  gover-
34    nor's  housing  allowance  and  the acquisition ,   and 
35     construction, remodel, furnishing, equipping or  maintenance of  a
36    governor's residence and the same shall be available for such purposes immedi-
37    ately  upon  being credited to the account, upon authorization for expenditure
38    being given by the governor's housing committee.  Upon the  direction  of  the
39    committee,  the  department  shall  use  moneys in the account for any purpose
40    related to a governor's housing allowance or  the  acquisition  ,  
41      or   construction , remodel, furnishing, equipping  or
42    maintenance of a governor's residence.  The net  proceeds  from  any  sale  or
43    rental  of  a governor's residence , or any property related thereto, and


                                      2

 1    of any cash or cash-equivalent donation made to the committee,  shall be
 2    returned to the governor's residence fund.

 3        SECTION 2.  That Chapter 4, Title 67, Idaho Code,  be,  and  the  same  is
 4    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
 5    known and designated as section 67-455A, Idaho Code, and to read as follows:

 6        67-455A.  COMMITTEE MAY ACQUIRE AND DISPOSE OF PROPERTY. (1)   The  gover-
 7    nor's housing committee may accept grants, gifts or donations of any kind from
 8    any  private  or  public  source  related  to  the  acquisition, construction,
 9    remodel, furnishing, equipping or maintenance of a governor's residence.
10        (2)  The governor's housing committee may acquire real property  for  pur-
11    poses  related  to  a governor's residence.  Any real property acquired by the
12    governor's housing committee shall be titled in the name of the state of Idaho
13    for the benefit of the governor's housing committee and shall be  administered
14    by  the  department  of administration on behalf of and for the benefit of the
15    governor's housing committee. The governor's housing committee may  sell  such
16    real  property by public, private or negotiated sale, exchange, donation or by
17    any other means and may rent a governor's residence and  any  furnishings  and
18    equipment  related thereto, as the committee may deem appropriate and prudent.
19    Any real property acquired hereunder shall not be subject to  sections  58-331
20    through  58-335, Idaho Code, relating to surplus real property as the same may
21    now exist or as the same may be amended from time to time. Any  sale  or  dis-
22    posal  of such real property shall not require the reservation to the state of
23    mineral or other rights in the real property.
24        (3)  The governor's housing committee may acquire  personal  property  for
25    the  purpose  of remodeling, furnishing, equipping or maintaining a governor's
26    residence.  Any personal property acquired by the governor's housing committee
27    shall be the property of the state of Idaho held for the benefit of the gover-
28    nor's housing committee and shall be administered on behalf of the  governor's
29    housing committee by the department of administration.  The governor's housing
30    committee may dispose of any personal property acquired hereunder by any means
31    as  the committee may deem appropriate and prudent and such disposal shall not
32    be subject to section 67-5732A, Idaho Code, relating to surplus personal prop-
33    erty, as the same exists or may be amended from time to time.
34        (4)  The governor's housing committee may acquire and  contract  for  ser-
35    vices related to the acquisition, construction, remodel, furnishing, equipping
36    or  maintenance  of  a governor's residence.  Notwithstanding any other law to
37    the contrary, the acquisition, construction, remodel, furnishing, equipping or
38    maintenance of a governor's residence shall not be considered public works and
39    shall not be subject to any laws related to  public  works  of  the  state  of
40    Idaho.  Notwithstanding  any other law to the contrary, the governor's housing
41    committee shall not be subject to the purchasing laws for state agencies  pro-
42    vided in chapter 57, title 67, Idaho Code.
43        (5)  Notwithstanding  the  provisions  of sections 18-1359(1)(d), 18-2705,
44    58-112, 59-201, 59-202 and 67-5726, Idaho Code, or any other provision of law,
45    an incumbent governor shall not be deemed prohibited from purchasing  real  or
46    personal property acquired hereunder, and any such purchase shall be valid for
47    all  purposes. Insofar as the provisions of this section are inconsistent with
48    the provisions of any other law, general, specific or local, the provisions of
49    this section shall be controlling.
50        (6)  This section shall apply to all real and personal  property  acquired
51    pursuant  to  this  section or section 67-455, Idaho Code, before or after the
52    effective date of this section.


                                      3

 1        SECTION 3.  That Chapter 3, Title 58, Idaho Code,  be,  and  the  same  is
 2    hereby  amended  by  the  addition thereto of a  NEW SECTION  to be
 3    known and designated as section 58-335B, Idaho Code, and to read as follows:

 4        58-335B.  GOVERNOR'S HOUSING COMMITTEE LANDS  EXEMPT  FROM  ACT.  Sections
 5    58-331  through  58-335,  Idaho  Code,  shall  not  apply  to real property if
 6    acquired by or on behalf of  the  governor's  housing  committee  pursuant  to
 7    67-455 or 67-455A, Idaho Code, as the same now exists or may from time to time
 8    be  amended.   This section shall apply to all real property acquired pursuant
 9    to section 67-455 or 67-455A, Idaho Code, before or after the  effective  date
10    of this section.

11        SECTION  4.  That  Chapter  57,  Title 67, Idaho Code, be, and the same is
12    hereby amended by the addition thereto of a  NEW  SECTION    to  be
13    known and designated as section 67- 5732B, Idaho Code, and to read as follows:

14        67-5732B.  GOVERNOR'S HOUSING COMMITTEE PERSONAL PROPERTY EXEMPT FROM ACT.
15    Section 67-5732A, Idaho Code, shall not apply to personal property if acquired
16    by or on behalf of the governor's housing committee pursuant to section 67-455
17    or  67-455A,  Idaho  Code,  as the same now exists or may from time to time be
18    amended.  This section shall apply to all personal property acquired  pursuant
19    to  section  67-455 or 67-455A, Idaho Code, before or after the effective date
20    of this section.

21        SECTION 5.  An emergency existing  therefor,  which  emergency  is  hereby
22    declared to exist, this act shall be in full force and effect on and after its
23    passage and approval.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS 09078

To amend Chapter 4, Title 67, Idaho Code, to clarify that the
Governor's Housing Committee has the authority to use the
Governor's Housing Fund for the purposes of the acquisition,
construction, remodel, furnishing, equipping, and maintenance of a
Governor's residence and to set forth the powers of the Governor's
Housing Committee related to accepting donations and with regard
to the acquisition and disposal of real and personal property. To
amend Chapter 3, Title 58 and Chapter 57, Title 67, Idaho Code, to
clarify that real or personal property held by the Governor's
Housing Committee is exempt from surplus property statutes.







                                 
                                 
                           FISCAL NOTE

This proposal has no additional fiscal impact on the State.






CONTACT: Senator Risch 332-1303




STATEMENT OF PURPOSE/ FISCAL NOTE         S1226