Print Friendly HOUSE BILL NO. 516 – Real property/state/surplus/disposl
HOUSE BILL NO. 516
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H0516......................................................by STATE AFFAIRS
STATE PROPERTY - Amends existing law to provide an exception to the
disposal of surplus real property; and to revise the procedure utilized by
the State Board of Land Commissioners for the disposal of surplus real
property of the state of Idaho.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Rev/Tax
02/15 Rpt out - ref'd to St Aff
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/25 3rd rdg - 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, Lake,
Linford, 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, Loertscher, Pischner, Mr Speaker
Floor Sponsor - Hansen(23)
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to St Aff
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 32-0-3
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Whitworth, Williams
Absent and excused--Davis, Keough, Wheeler
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 305
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 516
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DISPOSAL OF SURPLUS PROPERTY OF THE STATE OF IDAHO; AMENDING SEC-
3 TION 58-331, IDAHO CODE, TO PROVIDE AN EXCEPTION TO THE DISPOSAL OF SUR-
4 PLUS REAL PROPERTY; AMENDING SECTION 58-332, IDAHO CODE, TO REVISE THE
5 PROCEDURE UTILIZED BY THE STATE BOARD OF LAND COMMISSIONERS FOR THE DIS-
6 POSAL OF SURPLUS REAL PROPERTY OF THE STATE OF IDAHO; AND PROVIDING AN
7 EFFECTIVE DATE.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 58-331, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 58-331. DESIGNATION OF SURPLUS REAL PROPERTY. Real property of the state
12 of Idaho, the use of which by any department, officer, board, commission or
13 other administrative agency of the state shall be terminated by law, and real
14 property in the custody and control of any such agency which the agency shall
15 declare to be no longer useful to or usable by it, shall be deemed surplus,
16 and, except as set forth in section 67-5709A, Idaho Code, custody and control
17 thereof shall thereupon be vested in and title be transferred to the state
18 board of land commissioners, subject to disposition by said board in accor-
19 dance with the provisions of this act.
20 SECTION 2. That Section 58-332, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 58-332. DISPOSAL OF SURPLUS REAL PROPERTY. (1) Upon transfer to it of
23 such surplus real property the state board of land commissioners shall ascer-
24 tain if such property is suitable for other state use, and if it determines
25 that suitable use can be had is, then control and custody thereof shall be
26 relinquished by said the board to the agency by whom it shall determine the
27 best use can be made. If no such use be determined, then the state board of
28 land commissioners shall either by public sale, after notice by publication
29 for four (4) consecutive weeks in a newspaper published in the county in which
30 the property is situate, sell the same to the highest and best bidder upon
31 terms and conditions to be determined by the board and specified in the notice
32 of sale; or if the property is suitable for use by any tax-supported agency or
33 unit of the state of Idaho or the United States other than the state of Idaho
34 or its agencies, may, by negotiated sale or exchange, transfer or exchange
35 such property with such tax-supported agency or unit which can make best use
36 of the property. Such disposition may be by negotiated sale or exchange; pro-
37 vided, however, that such negotiated sales, transfers, or exchanges shall be
38 for adequate and valuable consideration.
39 (2) If no state agency acquires the surplus property, the board may dis-
40 pose of the surplus property to any tax-supported agency or unit of the state
41 of Idaho or the United States other than the state of Idaho or its agencies.
1 Such disposition may be by negotiated sale or exchange; provided however, that
2 such negotiated sales, transfers or exchanges shall be for adequate and valu-
3 able consideration.
4 (a) In the event of any such contemplated sale, transfer or exchange the
5 state board of land commissioners shall cause to be published a notice of
6 such contemplated sale, transfer or exchange, setting out in full the
7 description of the property concerned, both as to what is being offered
8 and what is to be received, and the proposed use of the property by the
9 tax-supported unit which proposes to acquire such property.
10 (b) Such notice shall be published in a newspaper published in the
11 county in which the property is situate for four (4) consecutive weeks
12 prior to a certain fixed date therein, designating a time and place for
13 public hearing in the matter.
14 (c) The state board of land commissioners shall determine within ten (10)
15 days at the next regularly scheduled meeting subsequent to such hearing as
16 to acceptance or rejection of such proposed sale, transfer or exchange,
17 and if accepted, the tax-supported unit shall thereafter have sixty (60)
18 days in which to accept or reject the proffer, following such decision.
19 (d) If such negotiations fail, then the property may be subject to public
20 sale as hereinabove set forth in this section.
21 (3) If no tax-supported agency or unit of the state of Idaho or the
22 United States acquires the surplus property, the state board of land commis-
23 sioners may offer at public sale, after notice of publication for four (4)
24 consecutive weeks in a newspaper published in the county in which the property
25 is situate, and sell the same to the highest and best bidder upon terms and
26 conditions to be determined by the board and specified in the notice of sale.
27 If the property does not sell at public auction, the board may have the prop-
28 erty appraised and enter into negotiations with any party(s) to effect dispo-
29 sition of the property for adequate and valuable consideration. Sale may be
30 by any method that will help dispose of the property including, but not lim-
31 ited to, direct negotiations with interested parties, use of advertising, hir-
32 ing real estate agents and public auction.
33 (4) In all cases, the compensation received by the board for the sale of
34 surplus property shall be returned to the agency which declared the property
35 surplus to be placed in such account as may be appropriate. The board may
36 deduct the costs of the sale from any proceeds before transmitting the pro-
37 ceeds back to the agency which declared the property surplus.
38 SECTION 3. This act shall be in full force and effect on and after July
39 1, 2000.
STATEMENT OF PURPOSE
STATE BUILDINGS MANAGEMENT REFORM - this is the fourth in a
package of six bills needed to improve cost-control and
efficiency over management of state building facilities.
This legislation applies only to the procedures followed in the
disposal of surplus real property held by a state agency for
purposes other than administrative sites (building and grounds)
that, by law, is handled by the Department of Lands (DOL).
Endowment lands are under the control of the State Land Board.
Administrative land and buildings under control of the
Department of Administration and are excluded from this
legislation. Surplus or unusable land held by the Departments
of Parks and Recreation, Fish and Game and Transportation and
other agencies when the land to be disposed of is not used for
administrative purposes is included in this legislation.
Essentially, it provides that state agencies have the first
right of refusal to buy the property. If not taken by a state
agency, it is offered to other state tax supported entities.
Next in line would be federal agencies, followed by the general
public. Sales price to other government agencies may be
negotiated. Sales to the general public requires first to bid
at public auction.
It then enumerates procedures of sale or exchange to the public
that allows disposal at the highest price possible.
No negative fiscal impact. Will produce greater efficiency
that should result in cost savings.
CONTACT: Senator Hal Bunderson (208) 332-1000
Representative Randy Hansen (208) 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 51