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H0640...................................................by LOCAL GOVERNMENT
FIRE DISTRICTS - Amends existing law to increase the value of real and
personal property owned by fire protection districts to $5,000 before an
appraisal and sale by bid needs to occur.
02/21 House intro - 1st rdg - to printing
02/22 Rpt prt - to Loc Gov
03/03 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 64-0-6
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Chase, 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, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Campbell, Hansen(29), Lake, Montgomery, Trail,
Wood
Floor Sponsor - Shepherd
Title apvd - to Senate
03/13 Senate intro - 1st rdg - to Loc Gov
03/16 Rpt out - rec d/p - to 2nd rdg
03/17 2nd rdg - to 3rd rdg
03/30 3rd rdg - PASSED - 23-5-7
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw,
Darrington, Davis, Deide, Ingram, Ipsen, Keough, King-Barrutia, Lee,
McLaughlin, Noh, Richardson, Riggs, Risch, Sandy, Sorensen, Stegner,
Thorne, Williams
NAYS--Dunklin, Hawkins, Schroeder, Stennett, Whitworth
Absent and excused--Cameron, Crow, Danielson, Frasure, Geddes, Parry,
Wheeler
Floor Sponsor - Stegner
Title apvd - to House
03/31 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 337
Effective: 07/01/00
H0640
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 640
BY LOCAL GOVERNMENT COMMITTEE
1 AN ACT
2 RELATING TO DISPOSAL OF PROPERTY BY FIRE PROTECTION DISTRICTS; AMENDING SEC-
3 TION 31-1417A, IDAHO CODE, TO INCREASE THE VALUE OF REAL AND PERSONAL
4 PROPERTY BEFORE AN APPRAISAL AND SALE BY BID NEEDS TO OCCUR.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 31-1417A, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 31-1417A. PROCEDURE FOR SALE, CONVEYANCE AND DISPOSITION OF PROPERTY.
9 Real or personal property of a fire protection district may be sold, conveyed,
10 and disposed of by its board of commissioners whenever the board finds and by
11 resolution declares that the district no longer has use therefor, subject to
12 the following procedure:
13 (a) If in the opinion of the board, any such personal property does not
14 exceed five thousand dollars ($5,00.00) in value, the same may be sold without
15 independent appraisal, notice, or competitive bids.
16 (b) All such real property, and any such personal property exceeding five
17 thousand dollars ($5,00.00) in value, shall be appraised by three (3) disin-
18 terested residents of the county in which the district is located, who shall
19 be selected by the board. It may then be sold at public or private sale to the
20 highest bidder for cash at not less than its appraised value, after due
21 notice.
22 (c) Due notice of sale shall be accomplished if the notice shall describe
23 the property to be sold (legal description, if real property), state the
24 appraised value thereof (by separate items, if so appraised), and specify the
25 time, place, and conditions of sale.
26 (d) Said notice shall be published in a newspaper having general circula-
27 tion in the district at least twice, the first publication thereof to be not
28 less than ten (10) days preceding the day of sale.
29 (e) If such property is sold on terms, the board may contract for the
30 sale of the same for a period of years not exceeding ten (10) years, with an
31 annual rate of interest on all deferred payments not to exceed six percent
32 (6%) per annum. The title to all property sold on contract shall be retained
33 in the name of the district until full payment has been made by the purchaser.
34 Any property sold by the board under the provisions of this section, either
35 for cash or on contract, shall be assessed by the county assessor in the same
36 manner and upon the same basis of valuation as though the purchaser held a
37 record title to the property so sold. The board shall have authority to cancel
38 any contract of sale, pursuant to law, if the purchaser shall fail to comply
39 with any of the terms of such contract, and retain all payments paid thereon.
40 The board may by agreement with the purchaser modify or extend any of the
41 terms of any contracts of sale, but the total period of years shall not exceed
42 ten (10) years.
43 (f) Upon final payment pursuant to the sale of such real property, the
2
1 president and secretary, pursuant to resolution of the board, shall duly exe-
2 cute and deliver an appropriate deed to the purchaser, and upon the accom-
3 plishment of the sale of such personal property, the president and secretary,
4 pursuant to resolution of the board, shall duly execute and deliver an appro-
5 priate bill of sale to the purchaser.
STATEMENT OF PURPOSE
RS 10055
This legislation increases the dollar value of property subject to existing
requirements for sale, conveyance or disposal by a fire district from $500 (Five
Hundred) dollars to $5000 (Five Thousand) dollars.
FISCAL IMPACT
There is no fiscal impact to the general fund.
Contact
Name: Charles Lempesis
Phone: (208) 777-8815
STATEMENT OF PURPOSE/FISCAL NOTE H 640