2001 Legislation
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SENATE BILL NO. 1024 – State bldg authority/lease property


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Daily Data Tracking History

S1024......................................................by STATE AFFAIRS
STATE BUILDING AUTHORITY - Amends existing law to revise the compensation
for the commissioners of the State Building Authority; and to provide for
the leasing of state property to the Idaho State Building Authority.
01/18    Senate intro - 1st rdg - to printing
01/19    Rpt prt - to St Aff
01/25    Rpt out - rec d/p - to 2nd rdg
01/26    2nd rdg - to 3rd rdg
02/01    3rd rdg - PASSED - 32-0-2(1 vacant)
      AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
      Noh, Richardson, Sandy, Schroeder, Sorensen, Stegner, Stennett,
      Thorne, Wheeler, Whitworth, Williams,
      NAYS -- None
      Absent and excused -- Branch, Risch
      Vacant -- Dist, #4
    Floor Sponsor - Sandy
    Title apvd - to House
02/02    House intro - 1st rdg - to St Aff
02/16    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 63-0-7
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Hadley, Harwood, Henbest, Higgins, Hornbeck,
      Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce,
      Pischner, Pomeroy, Raybould, Roberts, Robison, Sali, Schaefer,
      Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Wood, Young
      NAYS -- None
      Absent and excused -- Boe, Gould, Hammond, Montgomery, Ridinger,
      Swan, Mr. Speaker
    Floor Sponsor -- Hornbeck
    Title apvd - to Senate
02/23    To enrol
02/26    Rpt enrol - Pres signed
02/27    Sp signed
02/28    To Governor
03/05    Governor signed
         Session Law Chapter 34
         Effective: 03/05/01

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                       IN THE SENATE
                                    SENATE BILL NO. 1024
                                 BY STATE AFFAIRS COMMITTEE
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 67-6405, Idaho Code, be, and the same  is  hereby
  9    amended to read as follows:
 10        67-6405.  APPOINTMENT  AND REMOVAL OF COMMISSIONERS. (a) The powers of the
 11    authority shall be vested in a board of seven (7) commissioners  appointed  by
 12    the governor for terms of five (5) years with advice and consent of a majority
 13    of the members of the senate. No commissioner appointed after January 1, 1978,
 14    shall also serve as a member of the permanent building council created in sec-
 15    tion  67-5710,  Idaho Code. Of the commissioners first appointed, two (2) com-
 16    missioners shall serve for terms ending one (1) year from January  first  next
 17    succeeding  the  date  of their appointment, two (2) commissioners shall serve
 18    for terms ending two (2)  years  from  January  first  next  succeeding  their
 19    appointment  and  one (1) of the remaining three (3) commissioners shall serve
 20    for a term of three (3), four (4) and five (5) years, respectively. Any vacan-
 21    cies in the membership of the authority shall be filled  in  like  manner  but
 22    only  for  the  remainder  of  an unexpired term. Each commissioner shall hold
 23    office for the term of his appointment and until his successor shall have been
 24    appointed and qualified. Any commissioner shall be eligible for reappointment.
 25        (b)  The commissioners shall elect from among their number a chairman  and
 26    a  vice-chairman  vice  chairman  annually  and  such other officers as it may
 27    determine. Meetings shall be held at the call of the chairman or whenever  two
 28    (2)  commissioners  so  request. Four (4) commissioners of the authority shall
 29    constitute a quorum and the affirmative vote of four (4)  commissioners  shall
 30    be  necessary for any action taken by the authority. No vacancy in the member-
 31    ship of the authority shall impair the right of a quorum to exercise  all  the
 32    rights and perform all the duties of the authority.
 33        (c)  Commissioners shall be compensated as provided by section 59-509(fo),
 34    Idaho Code.
 35        (d)  For  incompetency or neglect of duty or malfeasance in office, a com-
 36    missioner of the authority may be removed from office by the governor  in  the
 37    manner provided by law.
 38        SECTION  2.  That  Section 67-6421, Idaho Code, be, and the same is hereby
 39    amended to read as follows:
 40        67-6421.  STATE GRANTS AND LEASES TO AUTHORITY. The state may make  grants
 41    of  money  or property and may lease property to the authority for the purpose
  1    of enabling it to carry out its corporate purposes and for the exercise of its
  2    powers, including, but not limited to, deposits to the reserve  funds  of  the
  3    authority.  Notwithstanding  any  other  provision of law to the contrary, the
  4    state may lease, with or without consideration, real or personal  property  to
  5    the  authority  for  a term not to exceed fifty (50) years. This section shall
  6    not be construed  to limit any other power the state may  have  to  make  such
  7    grants  or to lease property to the authority, or to enter into other transac-
  8    tions with the authority.
  9        SECTION 3.  An emergency existing  therefor,  which  emergency  is  hereby
 10    declared to exist, this act shall be in full force and effect on and after its
 11    passage and approval.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 10668

The Idaho State Building Authority provides long term
financing of state government facilities for agencies, subject to
prior approval of the Legislature by concurrent resolution. This
proposed amendment increases the honorarium of commissioners of
the Authority from $25.00 per day to $75.00 per day.

This amendment also clarifies how state owned land may be
transferred by lease to the Authority for use in the development
of new state facilities financed through the Authority. In the
past, the state has either conveyed state land to the Authority
or entered into long term ground leases with the Authority for
land on which projects are constructed. The state then leases
land and newly constructed facilities back from the Authority at
annual rental sufficient to pay debt service and other costs
related to financing of the facilities. This amendment clarifies
that the state may lease state land to the Authority for a term
not to exceed fifty (50) years to be used in development of new
facilities financed by long term revenue bonds.

This amendment also clarifies that the long term ground leases of
state land to the Authority may be with or without consideration
paid by the Authority. If such leases require payment of rent to
the state, such cost wil be included in the annual rental payable
by the state for lease of the new facilities. The Idaho
Constitution requires that certain state land acquired and held
as endowment lands may not be leased for less than fair market
rental value. Other state lands may be leased to the Authority at
less than fair market rental value or without consideration.

                          FISCAL IMPACT
The increased honorarium is paid by Idaho State Building
Authority which receives no direct appropriations from the
legislature. Therefore, there is no fiscal impact.

              Name:    Wayne Meuleman
                     Phone: 208 342 6066
       STATEMENT OF PURPOSE/ FISCAL NOTE                                                                                             S102