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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
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
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