2000 Legislation
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HOUSE BILL NO. 517 – State Bldg Auth, provide facilities

HOUSE BILL NO. 517

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Daily Data Tracking History



H0517......................................................by STATE AFFAIRS
STATE BUILDING AUTHORITY - Amends existing law to provide that the state
building authority may provide a specific facility or facilities during the
interim between legislative sessions with the approval of the State Board
of Examiners, with the President Pro Tempore of the Senate and the Speaker
of the House of Representatives concurring therein; and to provide a
minimum threshold approval process for the Board of Examiners to grant the
approval.
                                                                        
02/07    House intro - 1st rdg - to printing
02/08    Rpt prt - to St Aff

Bill Text


 H0517
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 517
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE STATE BUILDING  AUTHORITY;  AMENDING  SECTION  67-6410,  IDAHO
  3        CODE,  TO  PROVIDE  FOR  APPROVAL BY THE STATE BOARD OF EXAMINERS WITH THE
  4        PRESIDENT PRO TEMPORE OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRE-
  5        SENTATIVES EACH CONCURRING THEREIN TO AUTHORIZE A STATE BODY TO  HAVE  THE
  6        STATE  BUILDING  AUTHORITY  PROVIDE  A SPECIFIC FACILITY OR FACILITIES, TO
  7        MAKE TECHNICAL CORRECTIONS AND TO PROVIDE  A  MINIMUM  THRESHOLD  APPROVAL
  8        PROCESS FOR THE BOARD OF EXAMINERS TO GRANT APPROVAL.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Section 67-6410, Idaho Code, be, and the same is hereby
 11    amended to read as follows:
                                                                        
 12        67-6410.  PROCEDURE PRIOR TO FINANCING BUILDING DEVELOPMENTS  OR  BUILDING
 13    PROJECTS.  Notwithstanding  any  other provision of this act, the authority is
 14    not empowered to finance any facility pursuant to section 67-6409, Idaho Code,
 15    unless:
 16        (a) Either:
 17        (i)   Prior approval by the legislature has been given by concurrent reso-
 18        lution authorizing a state body to have the authority provide  a  specific
 19        facility or facilities; or
 20        (ii)  During  the  interim  between regular legislative sessions, approval
 21        has been given by the state board of examiners,  with  the  president  pro
 22        tempore of the senate and the speaker of the house of representatives each
 23        also  concurring  therein,  authorizing a state body to have the authority
 24        provide a specific facility or facilities;
 25        (b)  A state body has entered into an agreement with the authority for the
 26    authority to provide a facility; and
 27        (c)  The authority finds that the building development or building project
 28    to be assisted pursuant to the provisions of this act, will be of  public  use
 29    and will provide a public benefit.
 30        (d)  As  part  of  the  approval  by the state board of examiners required
 31    under subsection (a)(ii) of  this  section,  but  without  limitation  of  the
 32    board's ability to consider other additional factors in determining whether to
 33    grant  approval,  the  board  of examiners must find, based on evidence to the
 34    board that:
 35        (i)   Interest, savings, location or  availability  require  an  immediate
 36        response and there is reasonable likelihood for significant long-term sav-
 37        ings  of  taxpayer  dollars to be recognized if such facility was acquired
 38        for the state agency through the authority;
 39        (ii)  Such reasonable likelihood for significant long-term savings of tax-
 40        payer dollars has been authenticated by the  legislative  services  office
 41        after such examination as it deems necessary;
 42        (iii) The  state  agency  has sufficient funds to pay increased lease pay-
 43        ments, if any, that result from the authority providing  the  facility  or
                                                                        
                                           2
                                                                        
  1        facilities; and
  2        (iv)  The facilities meet the needs that have been identified in  the five
  3        (5) year plan as required by section 67-5708B, Idaho Code.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                           RS 09801C2
STATE BUILDINGS MANAGEMENT REFORM -This is the second in a
package of six bills needed to improve cost-control and
efficiency over management of state building facilities.

This legislation provides a reasonable structure to allow the
state's facilities acquisition-management business to proceed
year round when findings of fact show significant taxpayer
dollars can be saved.  Presently, such action is limited, by law,
to the time the legislature is in session.

Specifically, this legislation provides that during the interim
between legislative sessions, the  Board of Examiners, with the
Speaker of the House and Senate Pro Tem concurring therein, may
authorize the Idaho State Building Authority (ISBA) to issue its
bonds when findings of fact support the decision.  (ISBA) is an
independent body.  Its bonds are not obligations of the state of
Idaho (I.C., Article VIII, Section 1.)  It can only lease high
quality, low-cost building space to the state at the lease cost
equal to the pay-off of the bond principal and related interest
(municipal rates).

There are strong internal controls to insure legislative wishes
are followed:
The Board of Examiners, the Speaker of the House and the Senate 
     Pro Tem each has a veto power.
The agency facility needs plan will have been presented to JFAC.
The office of Legislative Services, applying provisions of 67-
     5708A, will have authenticated the action will produce the 
     "lowest responsible cost to the taxpayer measured over 
     time".

Each year, the legislature can receive an accounting.
                          FISCAL IMPACT

No negative fiscal impact.  This legislation will produce huge
cost savings over time.

Contact
Name:  Senator Hal Bunderson  
Phone: Representative Randy Hansen
208-332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                    Bill No.H 517