2000 Legislation
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HOUSE BILL NO. 480 – Bunker Hill area property/H&W Dept

HOUSE BILL NO. 480

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Daily Data Tracking History



H0480.........................................by RESOURCES AND CONSERVATION
BUNKER HILL - Amends existing law to provide that the Department of Health
and Welfare may manage, lease or dispose of certain property in the Bunker
Hill area for the purpose of facilitating appropriate operation and
maintenance activities, encouraging economic development of the Silver
Valley or assisting local governmental entities; and to provide that the
management, lease, or disposal of property shall not be subject to the
state surplus property law.
                                                                        
02/02    House intro - 1st rdg - to printing
02/03    Rpt prt - to Env Aff
02/09    Rpt out - rec d/p - to 2nd rdg
02/10    2nd rdg - to 3rd rdg
02/11    3rd rdg - PASSED - 61-0-9
      AYES -- Barraclough, Barrett, Bell, Bieter, Boe, Bruneel, Callister,
      Chase, Cheirrett, Clark, Cuddy, Denney, Ellsworth, Field(13),
      Field(20), Gagner, Geddes, Gould, Hadley, Hansen(23), Henbest,
      Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      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 -- Alltus, Black, Campbell, Crow, Deal, Hammond,
      Hansen(29), Linford, Moss
    Floor Sponsor - Pischner
    Title apvd - to Senate
02/14    Senate intro - 1st rdg - to St Aff
02/17    Rpt out - rec d/p - to 2nd rdg
02/18    2nd rdg - to 3rd rdg
02/24    3rd rdg - PASSED - 30-1-4
      AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
      Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
      Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Riggs, Risch,
      Sandy, Schroeder, Sorensen, Stegner, Thorne, Walton, Wheeler,
      Whitworth, Williams
      NAYS--Stennett
      Absent and excused--Crow, Danielson, Davis, Richardson
    Floor Sponsor - Darrington
    Title apvd - to House
02/25    To enrol
02/28    Rpt enrol - Sp signed
02/29    Pres signed
03/01    To Governor
03/03    Governor signed
         Session Law Chapter 21
         Effective: 03/03/00

Bill Text


 H0480
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 480
                                                                        
                          BY RESOURCES AND CONSERVATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REAL PROPERTY IN THE BUNKER HILL CLEANUP  SITE;  AMENDING  SECTION
  3        39-107a,  IDAHO CODE, TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND WELFARE
  4        MAY MANAGE, LEASE OR DISPOSE OF CERTAIN PROPERTY IN THE BUNKER  HILL  AREA
  5        FOR  THE  PURPOSE  OF  FACILITATING  APPROPRIATE OPERATION AND MAINTENANCE
  6        ACTIVITIES, ENCOURAGING ECONOMIC  DEVELOPMENT  OF  THE  SILVER  VALLEY  OR
  7        ASSISTING  LOCAL GOVERNMENTAL ENTITIES AND TO PROVIDE THAT THE MANAGEMENT,
  8        LEASE OR DISPOSAL OF THE PROPERTY SHALL NOT BE SUBJECT TO THE  STATE  SUR-
  9        PLUS  PROPERTY  LAW  AND  TO MAKE A TECHNICAL CORRECTION; AND DECLARING AN
 10        EMERGENCY.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 12        SECTION 1.  That Section 39-107a, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        39-107a.  REAL  PROPERTY  IN BUNKER HILL CLEANUP SITE. Notwithstanding any
 15    other provision of law to the contrary, the department of health  and  welfare
 16    may accept transfer from the United States of any real property or interest in
 17    real  property acquired by the United States for remediation purposes concern-
 18    ing the Bunker Hill Superfund Site pursuant to 42 U.S.C. section 9604(j).  The
 19    state  of  Idaho shall incur no liability nor be subject to any claims related
 20    to the existence, release or threatened release of any hazardous substance  or
 21    contaminant  or  pollutant  on, or from, any such real property. Any such real
 22    property which has a public use or commercial value and which is not useful or
 23    usable by the The department of health and welfare may, in  its  sole  discre-
 24    tion,  manage, lease or dispose of such property for the purpose of facilitat-
 25    ing appropriate operation and  maintenance  activities,  encouraging  economic
 26    development of the Silver Valley or assisting local governmental entities. The
 27    management,  lease  or  disposal of such property shall not be subject to sec-
 28    tions 58-331 through 58-335 chapter 3, title 58, Idaho Code, except that  any.
 29    Any  receipts from the management, lease or disposal of such property shall be
 30    deposited in the Bunker Hill Cleanup Trust Fund established by the Trust  Fund
 31    Declaration  of  the  state of Idaho dated May 2, 1994 (Attachment NM, Consent
 32    Decree, United States of America v.  Asarco,  Inc.  No.  CV-94-0206-N-HLR  (D.
 33    Idaho))  for  the  purpose  of  funding institutional control or operation and
 34    maintenance activities regarding the site.
                                                                        
 35        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 36    declared to exist, this act shall be in full force and effect on and after its
 37    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS09390C1

The purpose of this legislation is to amend IC 39-107a  that specifically 
pertains to land transfers and disposals at the Bunker Hill Superfund Site 
in Shoshone County.  The amendments clarify the land disposal methods, gives 
the Department of Health and Welfare the management responsibilities for 
the such land and provides land transfers can be accomplished exclusive of 
existing surplus property statutes.

                          FISCAL IMPACT 

There is no fiscal impact either on the General Fund, or other state funds. 
IC 39-107a, without the proposed amendments, places the proceeds from land 
transfers to a fund (0511) that currently supports activities at the Bunker 
Hill Site. 

CONTACT 
Name: Chuck Moss 
Agency: Division of Financial Management
Phone: 334-3645

STATEMENT OF PURPOSE/FISCAL IMPACT                     H 480