2001 Legislation
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SENATE BILL NO. 1105 – Hwy dist, property sale

SENATE BILL NO. 1105

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Daily Data Tracking History



S1105aa...................................................by TRANSPORTATION
HIGHWAY DISTRICTS - Amends existing law to provide that certain sales of
real or personal property by a highway district or single countywide
highway district are limited to property which has a value in excess of
$5000.
                                                                        
02/09    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Transp
02/28    Rpt out - to 14th Ord
03/08    Rpt out amen - to engros
03/09    Rpt engros - 1st rdg - to 2nd rdg as amen
03/12    2nd rdg - to 3rd rdg as amen
03/13    3rd rdg as amen - PASSED - 30-1-4
      AYES -- Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lodge, Noh,
      Richardson, Risch, Sandy, Sorensen, Stegner, Stennett, Thorne,
      Wheeler, Whitworth, Williams,
      NAYS -- Schroeder
      Absent and excused -- Branch(Bartlett), Brandt, Lee, Sims
    Floor Sponsor -- Ingram
    Title apvd - to House
03/14    House intro - 1st rdg - to Transp
03/23    Rpt out - rec d/p - to 2nd rdg as amen
03/26    2nd rdg - to 3rd rdg as amen
03/28    3rd rdg as amen - PASSED - 64-0-6
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Hansen, Harwood,
      Henbest(Farley), Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell,
      Kunz, Langford, Loertscher, Mader, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moss, Pearce, Pomeroy, Raybould, Ridinger,
      Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie,
      Stevenson, Stone, Tilman, Trail, Young(Young)
      NAYS -- None
      Absent and excused -- Lake, Moyle, Pischner, Wheeler, Wood, Mr.
      Speaker
    Floor Sponsor -- McKague
    Title apvd - to Senate
03/29    To enrol
    Rpt enrol - Pres signed
03/30    Sp signed - to Governor
04/04    Governor signed
         Session Law Chapter 333
         Effective: 07/01/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1105
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SALES OF COUNTY PROPERTY; AMENDING SECTION 31-808, IDAHO CODE,  TO
  3        DELETE  LANGUAGE  REQUIRING HIGHWAY DISTRICTS TO FOLLOW CERTAIN PROCEDURES
  4        FOR THE SALE OF REAL OR PERSONAL PROPERTY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 31-808, Idaho Code, be, and the  same  is  hereby
  7    amended to read as follows:
                                                                        
  8        31-808.  SALE  OF COUNTY PROPERTY -- GENERAL PROCEDURE -- SALE OF PROPERTY
  9    ACQUIRED THROUGH TAX DEED -- PROCEDURE AFTER ATTEMPTED AUCTION -- EXCHANGE  OF
 10    COUNTY PROPERTY -- SALE OF CERTAIN ODD-LOT PROPERTY -- SALE, EXCHANGE OR DONA-
 11    TION  OF  PROPERTY TO OTHER UNITS OF GOVERNMENT. (1) A board of county commis-
 12    sioners shall have the power and authority to sell or offer for sale at public
 13    auction any real or personal property belonging to the  county  not  necessary
 14    for  its  use. However, personal property not exceeding two hundred fifty dol-
 15    lars ($250) in value may be sold at private sale without notice or public auc-
 16    tion. Prior to offering the property for sale, the board of county commission-
 17    ers shall advertise notice of the auction in a newspaper, as defined  in  sec-
 18    tion  60-106,  Idaho  Code, either published in the county or having a general
 19    circulation in the county, not less than ten (10) calendar days prior  to  the
 20    auction.  If  the  property to be sold is real property, the notice to be pub-
 21    lished shall contain the legal description as well as the  street  address  of
 22    the  property.  If  the property is outside the corporate limits of a city and
 23    does not have a street address, then the description shall  also  contain  the
 24    distance  and  direction of the location of the real property from the closest
 25    city. If the property to be sold is acquired by tax deed, the notice  required
 26    to  be  published  shall include, next to the description of the property, the
 27    name of the taxpayer as it appears in  the  delinquent  tax  certificate  upon
 28    which  the tax deed was issued. The property shall be sold to the highest bid-
 29    der. However, the board of county  commissioners  may  reserve  the  right  to
 30    reject  any  and  all bids and shall have discretionary authority to reject or
 31    accept any bid which may be made for an amount less than the total  amount  of
 32    all  delinquent taxes, late charges, costs and interest which may have accrued
 33    against any property so offered for sale, including the  amount  specified  in
 34    the tax deed to the county.
 35        (2)  Proceeds  from  the  sale of county property not acquired by tax deed
 36    shall be paid into the county treasury for the general use of the county.   If
 37    the  property to be sold has been acquired by tax deed, pursuant to the provi-
 38    sions of chapter 10, title 63, Idaho Code, the proceeds from the  sale,  after
 39    reimbursement  to  the  county  for the cost of advertising and sale, shall be
 40    apportioned to the taxing districts in which the property is situated  accord-
 41    ing to the levy applied to the year of delinquency upon which the tax deed was
 42    issued to the county.
 43        (3)  Any  property  sold  may  be  carried on a recorded contract with the
                                                                        
                                           2
                                                                        
  1    county for a term not to exceed ten (10) years and at an interest rate not  to
  2    exceed  the    rate of interest specified in section 28-22-104(1), Idaho Code.
  3    The board of county commissioners shall have the authority to cancel any  con-
  4    tract  if  the purchaser fails to comply with any of the terms of the contract
  5    and the county shall retain all payments made on the contract.  The  title  to
  6    all  property  sold  on  contract  shall be retained in the name of the county
  7    until full payment has been made by  the  purchaser.  However,  the  purchaser
  8    shall  be  responsible  for payment of all property taxes during the period of
  9    the contract.
 10        (4)  Any sale of property by the county shall vest in the purchaser all of
 11    the right, title and interest of the county in  the  property,  including  all
 12    delinquent  taxes  which  have become a lien on the property since the date of
 13    issue of the tax deed, if any.
 14        (5)  In addition to the purchase price, a purchaser  of  county  property,
 15    including  property  acquired  by tax deed, shall pay all fees required by law
 16    for the transfer of property. No deed for any real estate  purchased  pursuant
 17    to the provisions of this section shall be delivered to a purchaser until such
 18    deed has been recorded in the county making the sale.
 19        (6)  Should  the  county be unable to sell at a public auction any real or
 20    personal property belonging to the county, including property acquired by  tax
 21    deed,  it  may  sell  the property without further notice by public or private
 22    sale upon such terms and conditions as the county deems  necessary.  Distribu-
 23    tion  of  the proceeds of sale shall be as set forth in subsection (2) of this
 24    section.
 25        (7)  The board of county commissioners may at its discretion, when in  the
 26    county's  best  interest, exchange and do all things necessary to exchange any
 27    of the real property now or hereafter held and owned by the  county  for  real
 28    property  of  equal value, public or private, to consolidate county real prop-
 29    erty or aid the county in the control and management or  use  of  county  real
 30    property.
 31        (8)  The board of county commissioners may, by resolution, declare certain
 32    parcels of real property as odd-lot property, all or portions of which are not
 33    needed for public purposes and are excess to the needs of the county. For pur-
 34    poses  of  this  subsection, odd-lot property is defined as that property that
 35    has an irregular shape or is a remnant and has value primarily to an adjoining
 36    property owner. Odd-lot property may be sold to an adjacent property owner for
 37    fair market value that is estimated by a land appraiser licensed  to  appraise
 38    property in the state of Idaho. If, after thirty (30) days' written notice, an
 39    adjoining property owner or owners do not desire to purchase the odd-lot prop-
 40    erty,  the  board  of  county commissioners may sell the property to any other
 41    interested party for not less than the appraised value. When a sale of odd-lot
 42    property is agreed to, a public advertisement of the  pending  sale  shall  be
 43    published  in one (1) edition of the newspaper as defined in subsection (1) of
 44    this section, and the public shall have fifteen (15) days  to  object  to  the
 45    sale in writing. The board of county commissioners shall make the final deter-
 46    mination regarding the sale of odd-lot property in an open meeting.
 47        (9)  In  addition  to any other powers granted by law, the board of county
 48    commissioners may at their discretion, grant to or exchange with  the  federal
 49    government,  the  state of Idaho, any political subdivision or taxing district
 50    of the state of Idaho or any local historical society which is incorporated as
 51    an Idaho nonprofit corporation  which operates  primarily  in  the  county  or
 52    maintains  a  museum  in the county, with or without compensation, any real or
 53    personal property or any interest in such property  owned  by  the  county  or
 54    acquired  by  tax  deed, after adoption of a resolution by the board of county
 55    commissioners that the grant or exchange of property is in the  public  inter-
                                                                        
                                           3
                                                                        
  1    est.   Notice of such grant or exchange shall be as provided in subsection (1)
  2    of this section and the decision may be made at  any  regularly  or  specially
  3    scheduled  meeting  of  the  board  of county commissioners. The execution and
  4    delivery by the county of the deed conveying an interest in the property shall
  5    operate to discharge and cancel all levies, liens and taxes  made  or  created
  6    for  the  benefit  of  the state, county or any other political subdivision or
  7    taxing district and to cancel all titles or claims of title  including  claims
  8    of  redemption  to such real property asserted or existing at the time of such
  9    conveyance. However, if the property conveyed is subject to a lien for one (1)
 10    or more unsatisfied special assessments, the lien  shall  continue  until  all
 11    special assessments have been paid in full. At no time shall a lien for a spe-
 12    cial  assessment  be extinguished prior to such special assessment having been
 13    paid in full. Any property conveyed to any local  historical  society  by  the
 14    county  shall revert to the county when the property is no longer utilized for
 15    the purposes for which it was conveyed.
 16        (10) A highway district or single countywide highway district shall follow
 17    the provisions of this section when selling real or personal property  belong-
 18    ing to it, but not necessary for its use. The proceeds from such sale shall be
 19    paid  to  the  highway  district or single countywide highway district for its
 20    use.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                                     Moved by    Ingram              
                                                                        
                                                     Seconded by Frasure             
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1105
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 3 of the printed bill, delete lines 16 through 20, and insert:
  3        "(10)  A highway district or single countywide highway district shall fol-
  4    low the provisions of this section when  selling  real  or  personal  property
  5    which has a value in excess of five thousand dollars ($5,000) belonging to it,
  6    but  not  necessary  for its use. The proceeds from such sale shall be paid to
  7    the highway district or single countywide highway district for its use.".
                                                                        
  8                                 CORRECTION TO TITLE
  9        On page 1, delete lines 3 and 4, and insert: "PROVIDE THAT  CERTAIN  SALES
 10    OF  REAL OR PERSONAL PROPERTY BY A HIGHWAY DISTRICT OR SINGLE COUNTYWIDE HIGH-
 11    WAY DISTRICT ARE LIMITED TO PROPERTY WHICH HAS A VALUE IN EXCESS OF FIVE THOU-
 12    SAND DOLLARS.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1105, As Amended
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO SALES OF COUNTY PROPERTY; AMENDING SECTION 31-808, IDAHO CODE,  TO
  3        PROVIDE  THAT CERTAIN SALES OF REAL OR PERSONAL PROPERTY BY A HIGHWAY DIS-
  4        TRICT OR SINGLE COUNTYWIDE HIGHWAY DISTRICT ARE LIMITED TO PROPERTY  WHICH
  5        HAS A VALUE IN EXCESS OF FIVE THOUSAND DOLLARS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section  31-808, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        31-808.  SALE OF COUNTY PROPERTY -- GENERAL PROCEDURE -- SALE OF  PROPERTY
 10    ACQUIRED  THROUGH TAX DEED -- PROCEDURE AFTER ATTEMPTED AUCTION -- EXCHANGE OF
 11    COUNTY PROPERTY -- SALE OF CERTAIN ODD-LOT PROPERTY -- SALE, EXCHANGE OR DONA-
 12    TION OF PROPERTY TO OTHER UNITS OF GOVERNMENT. (1) A board of  county  commis-
 13    sioners shall have the power and authority to sell or offer for sale at public
 14    auction  any  real  or personal property belonging to the county not necessary
 15    for its use. However, personal property not exceeding two hundred  fifty  dol-
 16    lars ($250) in value may be sold at private sale without notice or public auc-
 17    tion. Prior to offering the property for sale, the board of county commission-
 18    ers  shall  advertise notice of the auction in a newspaper, as defined in sec-
 19    tion 60-106, Idaho Code, either published in the county or  having  a  general
 20    circulation  in  the county, not less than ten (10) calendar days prior to the
 21    auction. If the property to be sold is real property, the notice  to  be  pub-
 22    lished  shall  contain  the legal description as well as the street address of
 23    the property. If the property is outside the corporate limits of  a  city  and
 24    does  not  have  a street address, then the description shall also contain the
 25    distance and direction of the location of the real property from  the  closest
 26    city.  If the property to be sold is acquired by tax deed, the notice required
 27    to be published shall include, next to the description of  the  property,  the
 28    name  of  the  taxpayer  as  it appears in the delinquent tax certificate upon
 29    which the tax deed was issued. The property shall be sold to the highest  bid-
 30    der.  However,  the  board  of  county  commissioners may reserve the right to
 31    reject any and all bids and shall have discretionary authority  to  reject  or
 32    accept  any  bid which may be made for an amount less than the total amount of
 33    all delinquent taxes, late charges, costs and interest which may have  accrued
 34    against  any  property  so offered for sale, including the amount specified in
 35    the tax deed to the county.
 36        (2)  Proceeds from the sale of county property not acquired  by  tax  deed
 37    shall  be paid into the county treasury for the general use of the county.  If
 38    the property to be sold has been acquired by tax deed, pursuant to the  provi-
 39    sions  of  chapter 10, title 63, Idaho Code, the proceeds from the sale, after
 40    reimbursement to the county for the cost of advertising  and  sale,  shall  be
 41    apportioned  to the taxing districts in which the property is situated accord-
 42    ing to the levy applied to the year of delinquency upon which the tax deed was
 43    issued to the county.
                                                                        
                                           2
                                                                        
  1        (3)  Any property sold may be carried on  a  recorded  contract  with  the
  2    county  for a term not to exceed ten (10) years and at an interest rate not to
  3    exceed the  rate of interest specified in section  28-22-104(1),  Idaho  Code.
  4    The  board of county commissioners shall have the authority to cancel any con-
  5    tract if the purchaser fails to comply with any of the terms of  the  contract
  6    and  the  county  shall retain all payments made on the contract. The title to
  7    all property sold on contract shall be retained in  the  name  of  the  county
  8    until  full  payment  has  been  made by the purchaser. However, the purchaser
  9    shall be responsible for payment of all property taxes during  the  period  of
 10    the contract.
 11        (4)  Any sale of property by the county shall vest in the purchaser all of
 12    the  right,  title  and  interest of the county in the property, including all
 13    delinquent taxes which have become a lien on the property since  the  date  of
 14    issue of the tax deed, if any.
 15        (5)  In  addition  to  the purchase price, a purchaser of county property,
 16    including property acquired by tax deed, shall pay all fees  required  by  law
 17    for  the  transfer of property. No deed for any real estate purchased pursuant
 18    to the provisions of this section shall be delivered to a purchaser until such
 19    deed has been recorded in the county making the sale.
 20        (6)  Should the county be unable to sell at a public auction any  real  or
 21    personal  property belonging to the county, including property acquired by tax
 22    deed, it may sell the property without further notice  by  public  or  private
 23    sale  upon  such terms and conditions as the county deems necessary. Distribu-
 24    tion of the proceeds of sale shall be as set forth in subsection (2)  of  this
 25    section.
 26        (7)  The  board of county commissioners may at its discretion, when in the
 27    county's best interest, exchange and do all things necessary to  exchange  any
 28    of  the  real  property now or hereafter held and owned by the county for real
 29    property of equal value, public or private, to consolidate county  real  prop-
 30    erty  or  aid  the  county in the control and management or use of county real
 31    property.
 32        (8)  The board of county commissioners may, by resolution, declare certain
 33    parcels of real property as odd-lot property, all or portions of which are not
 34    needed for public purposes and are excess to the needs of the county. For pur-
 35    poses of this subsection, odd-lot property is defined as  that  property  that
 36    has an irregular shape or is a remnant and has value primarily to an adjoining
 37    property owner. Odd-lot property may be sold to an adjacent property owner for
 38    fair  market  value that is estimated by a land appraiser licensed to appraise
 39    property in the state of Idaho. If, after thirty (30) days' written notice, an
 40    adjoining property owner or owners do not desire to purchase the odd-lot prop-
 41    erty, the board of county commissioners may sell the  property  to  any  other
 42    interested party for not less than the appraised value. When a sale of odd-lot
 43    property  is  agreed  to,  a public advertisement of the pending sale shall be
 44    published in one (1) edition of the newspaper as defined in subsection (1)  of
 45    this  section,  and  the  public shall have fifteen (15) days to object to the
 46    sale in writing. The board of county commissioners shall make the final deter-
 47    mination regarding the sale of odd-lot property in an open meeting.
 48        (9)  In addition to any other powers granted by law, the board  of  county
 49    commissioners  may  at their discretion, grant to or exchange with the federal
 50    government, the state of Idaho, any political subdivision or  taxing  district
 51    of the state of Idaho or any local historical society which is incorporated as
 52    an  Idaho  nonprofit  corporation    which operates primarily in the county or
 53    maintains a museum in the county, with or without compensation,  any  real  or
 54    personal  property  or  any  interest  in such property owned by the county or
 55    acquired by tax deed, after adoption of a resolution by the  board  of  county
                                                                        
                                           3
                                                                        
  1    commissioners  that  the grant or exchange of property is in the public inter-
  2    est.  Notice of such grant or exchange shall be as provided in subsection  (1)
  3    of  this  section  and  the decision may be made at any regularly or specially
  4    scheduled meeting of the board of  county  commissioners.  The  execution  and
  5    delivery by the county of the deed conveying an interest in the property shall
  6    operate  to  discharge  and cancel all levies, liens and taxes made or created
  7    for the benefit of the state, county or any  other  political  subdivision  or
  8    taxing  district  and to cancel all titles or claims of title including claims
  9    of redemption to such real property asserted or existing at the time  of  such
 10    conveyance. However, if the property conveyed is subject to a lien for one (1)
 11    or  more  unsatisfied  special  assessments, the lien shall continue until all
 12    special assessments have been paid in full. At no time shall a lien for a spe-
 13    cial assessment be extinguished prior to such special assessment  having  been
 14    paid  in  full.  Any  property conveyed to any local historical society by the
 15    county shall revert to the county when the property is no longer utilized  for
 16    the purposes for which it was conveyed.
 17        (10) A highway district or single countywide highway district shall follow
 18    the  provisions  of  this section when selling real or personal property which
 19    has a value in excess of five thousand dollars ($5,000) belonging to  it,  but
 20    not  necessary  for  its use. The proceeds from such sale shall be paid to the
 21    highway district or single countywide highway district for its use.

Statement of Purpose / Fiscal Impact


                    STATEMENT OF PURPOSE
                          RS 10895
                              
  During the 2000 legislative session, Senate Bill 1431,
  passed and subsequently provided procedures for the disposal
  of equipment no longer useful to a highway district. Idaho
  Code section 31-808, Title 31, originally contained the
  provisions for disposal of equipment for both counties and
  highway districts. With the passage of SB 1431, however, the
  reference to highway districts in Idaho Code, section 31-
  808, is no longer valid. This legislation deletes the
  reference to highway districts in Idaho Code, section 31-
  808, that should have been contained in SB 1431.
  
  
  
  
  
  None to the General Fund.
                        FISCAL IMPACT
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
                              
  Contact
  Name:    Stuart 0. Davis; Executive Director, Idaho
  Association of Highway Districts, Inc.
  
  Phone:859-9378
  
  
  
  STATEMENT OF PURPOSE/FISCAL NOTE                                                                     S 110