2000 Legislation
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HOUSE BILL NO. 450, As Amended in the Senate – Cnty comm lease property, shelters

HOUSE BILL NO. 450, As Amended in the Senate

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Daily Data Tracking History



H0450aaS................................................by LOCAL GOVERNMENT
SHELTERS - Amends existing law to authorize the board of county
commissioners to lease, without public auction, property to a nonprofit
corporation or association organized for the purpose of erecting and
maintaining a shelter to house victims of sexual or domestic violence.
                                                                        
01/27    House intro - 1st rdg - to printing
01/28    Rpt prt - to Loc Gov
02/03    Rpt out - rec d/p - to 2nd rdg
02/04    2nd rdg - to 3rd rdg
02/07    3rd rdg - PASSED - 66-0-4
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
      Deal, Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader,
      McKague, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- None
      Absent and excused -- Gagner, Linford, Marley, Mortensen
    Floor Sponsors - Jaquet, Ridinger
    Title apvd - to Senate
02/08    Senate intro - 1st rdg - to Loc Gov
02/15    Rpt out - to 14th 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
03/21    3rd rdg as amen - PASSED - 29-1-5
      AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Ingram, Ipsen,
      Keough, King-Barrutia, McLaughlin, Parry, Richardson, Riggs, Risch,
      Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
      Williams
      NAYS--Hawkins
      Absent and excused--Andreason, Geddes, Lee, Noh, Sandy
    Floor Sponsor - Stennett
    Title apvd - to House
03/22    House concurred in Senate amens - to engros
03/23    Rpt engros - 1st rdg - to 2nd rdg as amen
03/24    2nd rdg - to 3rd rdg as amen
    Rules susp - PASSED - 63-0-7
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
      Bruneel, Callister, 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, Montgomery, Moss, Moyle, Pearce, Pomeroy, Ridinger, Ringo,
      Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson,
      Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann,
      Mr Speaker
      NAYS -- None
      Absent and excused -- Campbell, Chase, Hansen(29), Lake, Mortensen,
      Pischner, Reynolds
    Floor Sponsors - Jaquet, Ridinger
    Title apvd - to enrol
03/27    Rpt enrol - Sp signed
03/28    Pres signed
03/29    To Governor
03/31    Governor signed
         Session Law Chapter 128
         Effective: 07/01/00

Bill Text


 H0450
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                        HOUSE BILL NO. 450, As Amended in the Senate
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO LEASE OF COUNTY PROPERTY; AMENDING SECTION 31-836, IDAHO CODE,  TO
  3        AUTHORIZE  THE  BOARD  OF  COUNTY COMMISSIONERS TO LEASE PROPERTY, WITHOUT
  4        PUBLIC AUCTION, TO A NONPROFIT CORPORATION OR  ASSOCIATION  ORGANIZED  FOR
  5        THE  PURPOSE  OF ERECTING AND MAINTAINING A SHELTER INTENDED TO HOUSE VIC-
  6        TIMS OF SEXUAL OR DOMESTIC VIOLENCE AND TO MAKE  A  TECHNICAL  CORRECTION;
  7        AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Section  31-836, Idaho Code, be, and the same is hereby
 10    amended to read as follows:
                                                                        
 11        31-836.  LEASE OF COUNTY PROPERTY. Except as otherwise  provided  by  law,
 12    the  board  of  county  commissioners  may lease any property belonging to the
 13    county:
 14        (1)  Without public auction for a term not exceeding  five  (5)  years  at
 15    such  rental as may be determined upon by the unanimous vote of such board, or
 16    at public auction to the highest bidder for a term not exceeding  thirty  (30)
 17    years.  Rents  shall  be  paid annually in advance provided, however, that the
 18    provision requiring the payment of rent in advance shall not apply to a  lease
 19    to  the federal or state government, a municipal corporation of this state, or
 20    any governmental agency or department.
 21        (2)  Any hospital or hospital grounds or portions thereof to  be  used  in
 22    conjunction  with  hospital  operations or hospital equipment belonging to the
 23    county may be leased by the board  without  public  auction  for  a  term  not
 24    exceeding  twenty  (20) years; or any property suitable for a shelter intended
 25    to house victims of sexual or domestic violence which  property  belonging  to
 26    the  county may be leased by the board without public auction to any nonprofit
 27    corporation or association organized for the purpose of erecting and maintain-
 28    ing a shelter to house victims of sexual or domestic violence for a  term  not
 29    exceeding twenty (20) years; and, provided further, that the county, either as
 30    lessor or lessee, may enter into any lease or other transaction concerning any
 31    property with the Idaho health facilities authority for any term not to exceed
 32    ninety-nine (99) years.
 33        (3)  Any property belonging to the county may be leased by the board with-
 34    out  public auction for a term not to exceed thirty (30) years, to be used for
 35    an industrial park in  conjunction  with  economic  development  purposes.  An
 36    industrial  park for purposes of this section means facilities for manufactur-
 37    ing, processing, production, assembly  warehousing  or  activities  associated
 38    therewith.
 39        (4)  Without  public  auction  the board of county commissioners may lease
 40    any property belonging to the county and not necessary  for  its  use  to  the
 41    state of Idaho or any political subdivision thereof for any public purpose, to
 42    any nonprofit corporation or association organized for the purpose of erecting
 43    and maintaining thereon any play field, recreation park or stadium to serve as
                                                                        
                                           2
                                                                        
  1    a memorial to the living or deceased soldiers, sailors and marines of an armed
  2    conflict  entered into by the United States, or to any hospital district orga-
  3    nized under title 39, chapter 13, title 39, Idaho Code, for use in  furthering
  4    the  purposes  of said district or to any nonprofit corporation or association
  5    organized for the purpose of erecting and maintaining an animal shelter.  Such
  6    lease  may  be  for any term not to exceed ninety-nine (99) years, may provide
  7    for only a nominal rental to the county and shall, by its  provisions,  termi-
  8    nate  when the property so leased ceases to be used for any public purpose, as
  9    an animal shelter, as a play field, recreation park or stadium  serving  as  a
 10    memorial,  or  by the hospital district for its purposes. Nothing in this sub-
 11    section shall prohibit the naming or title sponsorship of any play field, rec-
 12    reation park or stadium erected and maintained as a memorial  as  provided  in
 13    this  subsection as long as the play field, recreation park or stadium contin-
 14    ues to serve as such memorial.
                                                                        
 15        SECTION 2.  This act shall be in full force and effect on and  after  July
 16    1, 2000.

Amendment


 AH0450
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Stennett            
                                                                        
                                                     Seconded by Bunderson           
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 450
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, in line 24, following "years;"  insert: "or
  3    any property suitable for a shelter intended to house  victims  of  sexual  or
  4    domestic  violence which property belonging to the county may be leased by the
  5    board without public auction to any nonprofit corporation or association orga-
  6    nized for the purpose of erecting and maintaining a shelter to  house  victims
  7    of  sexual  or domestic violence for a term not exceeding twenty (20) years;";
  8    and delete line 43, and on page 2, delete lines 1 through 11 and insert:
  9    "organized for the purpose of erecting and maintaining an animal shelter. Such
 10    lease may be for any term not to exceed ninety-nine (99)  years,  may  provide
 11    for  only  a nominal rental to the county and shall, by its provisions, termi-
 12    nate when the property so leased ceases to be used for any public purpose,  as
 13    an  animal  shelter,  as a play field, recreation park or stadium serving as a
 14    memorial, or by the hospital district for its purposes. Nothing in  this  sub-
 15    section shall prohibit the naming or title sponsorship of any play field, rec-
 16    reation  park  or  stadium erected and maintained as a memorial as provided in
 17    this subsection as long as the play field, recreation park or stadium  contin-
 18    ues to serve as such memorial.".

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                           RS 09438C1 

Current Statute, I.C. 31-836, permits counties and municipalities 
to lease property without auction for a term not to exceed 99 years 
for such things as a play field, recreation park or stadium, memorial, 
and animal shelters. This proposed legislation adds domestic violence 
safe-houses to that list, which would allow counties and municipalities 
to lease property for a term of that length to a non-profit corporation 
or association intending to build and maintain a shelter intended to 
house victims of sexual or domestic violence.

                          FISCAL IMPACT 

There is no fiscal impact. 

Contact :
Name: Representative Wendy Jaquet
Phone: (208) 332-1133 
Representative Tim Ridinger
(208) 332 -1133

STATEMENT OF PURPOSE/FISCAL NOTE                          H 450