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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
S1226|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN 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 ,and35 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 , 41orconstruction , 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 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