2000 Legislation
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HOUSE BILL NO. 485, As Amended – State admin facilities/disposition

HOUSE BILL NO. 485, As Amended

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Daily Data Tracking History



H0485aa....................................................by STATE AFFAIRS
STATE FACILITIES - Adds to existing law to provide that when a state agency
declares a state administrative facility surplus or unsuitable for their
purposes, it shall transfer custody and control and title to the State
Board of Examiners who shall transfer authority for the disposition of the
property to the Department of Administration; to provide procedures; and to
provide a definition.
                                                                        
02/03    House intro - 1st rdg - to printing
02/04    Rpt prt - to St Aff
02/16    Rpt out - to Gen 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
02/25    3rd rdg as amen - PASSED - 59-0-11
      AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
      Callister, Cheirrett, Clark, Crow, Cuddy, Denney, Field(13),
      Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(23), Hansen(29),
      Henbest, Hornbeck, Jaquet, Judd, Kempton, Kendell, Kunz, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moss, Moyle, Pearce, Pomeroy, Reynolds, Ridinger, Ringo, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood,
      Zimmermann
      NAYS -- None
      Absent and excused -- Barrett, Campbell, Chase, Deal, Ellsworth,
      Gould, Jones, Kellogg, Lake, Pischner, Mr Speaker
    Floor Sponsor - Hansen(23)
    Title apvd - to Senate
02/28    Senate intro - 1st rdg as amen - to St Aff
03/09    Rpt out - rec d/p - to 2nd rdg as amen
03/10    2nd rdg - to 3rd rdg as amen
03/29    3rd rdg as amen - PASSED - 32-0-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Geddes, Hawkins, Ingram,
      Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Thorne, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Davis, Frasure, Stennett
    Floor Sponsors - Bunderson, Davis
    Title apvd - to House
03/30    To enrol
03/31    Rpt enrol - Sp signed
04/03    Pres signed - to Governor
04/14    Governor signed
         Session Law Chapter 300
         Effective: 07/01/00

Bill Text


 H0485
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 485, As Amended
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO STATE ADMINISTRATIVE FACILITIES; AMENDING  CHAPTER  57  TITLE  67,
  3        IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-5709A, IDAHO CODE, TO PRO-
  4        VIDE  WHEN A STATE AGENCY DECLARES THAT A STATE ADMINISTRATIVE FACILITY IS
  5        NOT NEEDED OR IS UNSUITABLE FOR THEIR PURPOSES, IT SHALL TRANSFER  CUSTODY
  6        AND  CONTROL  AND TITLE TO THE STATE BOARD OF EXAMINERS WHO SHALL TRANSFER
  7        AUTHORITY FOR THE DISPOSITION OF THE PROPERTY TO THE DEPARTMENT OF  ADMIN-
  8        ISTRATION,  TO PROVIDE PROCEDURES AND TO PROVIDE A DEFINITION; AND PROVID-
  9        ING AN EFFECTIVE DATE.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION 1.  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 known and des-
 13    ignated as Section 67-5709A, Idaho Code, and to read as follows:
                                                                        
 14        67-5709A.  SALE, TRANSFER OR DISPOSITION OF STATE  ADMINISTRATIVE  FACILI-
 15    TIES.  The provisions of sections 58-331 through 58-335, Idaho Code, shall not
 16    apply  to   state  administrative facilities in the custody, or control of the
 17    state of Idaho. When a state  agency  declares  that  a  state  administrative
 18    facility  is not needed or is unsuitable for its purposes, custody and control
 19    shall be transferred to the state board of examiners, which shall  immediately
 20    transfer  authority  for  the disposition of the property to the department of
 21    administration which shall send a notice to all state  agencies  and  institu-
 22    tions  that  the  property  is available for other state use. Any state agency
 23    interested in leasing or buying the property shall notify  the  department  of
 24    administration within the time the department specifies.
 25        If  no  state  agency  or  institution is interested, the department shall
 26    obtain an appraisal and commence procedures to sell the property for the high-
 27    est price possible. All proceeds from the  sale  or  lease  of  administrative
 28    facilities  acquired by the department of administration pursuant to this sec-
 29    tion, other than proceeds required by law to be deposited in a  special  fund,
 30    less  the  department of administration's cost of selling or leasing, shall be
 31    deposited into the permanent building fund for the  purpose  of  holding  such
 32    proceeds.  Such  proceeds  in the permanent building fund acquired pursuant to
 33    this section may be expended pursuant to appropriation.
 34        As used in this section, "state administrative facility"  shall  mean  any
 35    real  property  and  improvements,  including administrative office buildings,
 36    structures and parking lots, used by any state agency  to  assist  it  in  its
 37    operation  as  a  state  agency.   State  administrative  facilities shall not
 38    include the real property or improvements owned or occupied by a state  agency
 39    where  such  ownership,  operation  or occupying is a function of the agency's
 40    purpose, such as real property and improvements, other than the administrative
 41    office buildings, structures and  parking  lots  described  above,  under  the
 42    jurisdiction  and  control of the Idaho transportation department, the depart-
 43    ment of fish and game, the department of parks and recreation and the  depart-
                                                                        
                                           2
                                                                        
  1    ment of lands.
                                                                        
  2        SECTION  2.  This  act shall be in full force and effect on and after July
  3    1, 2000.

Amendment


 AH0485
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Callister           
                                                                        
                                                     Seconded by Deal                
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                              HOUSE AMENDMENT TO H.B. NO. 485
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the printed bill, in line  23,  delete  "using"  and  insert:
  3    "leasing  or  buying";  in line 29, following "tion," insert: "other than pro-
  4    ceeds required by law to be deposited in a special fund,"; in line 30,  delete
  5    "tempo-";  in  line 31, delete "rarily"; in line 32, following "appropriation"
  6    insert: "."; delete the remainder of the line and delete lines 33 through 39.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                             RS09740

STATE BUILDINGS MANAGEMENT REFORM - This is the third 
in a package of six bills needed to improve cost-control 
and efficiency over management of state building 
facilities. 

This legislation accomplishes the following four objectives: 

It clearly defines which real estate is under the control of 
the Department of Administration (DOA). Essentially, DOA is 
to administer all operating real estate, buildings and 
improvements used for agency administration. It excludes 
from DOA real property that is a function of the agency's 
purpose. For example, only administrative buildings of the 
Departments of Lands, Transportation, Parks and Recreation 
and Fish and Game would be under DOA, their other real 
property would not. Further, real property under 
jurisdiction and control of state institutions of higher 
learning would be excluded from this legislation. They are 
already covered under other law. 

It provides strong internal controls while allowing the 
state to efficiently sell real estate that is either not 
needed or is unsuitable for state purposes and directs it 
to be sold for the highest price possible. 

It provides that all sales proceeds shall be deposited in 
the Permanent Building Fund for appropriation to either 
replace the facility sold, refurbish other facilities 
occupied by the agency or used for other state owned 
building purposes in the most cost effective manner 
possible. 

An agency that has an administrative facility that is sold 
has the first option to use the funds to replace or refurbish 
its facility(s). 


                           FISCAL NOTE 

No negative fiscal impact. However, based on DOA experience, 
it will likely produce significant time and cost savings in 
dealing with property disposal and will likely produce larger 
net proceeds. 


          Contact:  Senator Hal Bunderson 
                    332-1000 

                    Representative Randy Hansen
                    332-1000 


STATEMENT OF PURPOSE/FISCAL NOTE                    H 48