2003 Legislation
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HOUSE BILL NO. 13 – Surplus personal property, disposal

HOUSE BILL NO. 13

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Daily Data Tracking History



H0013aa.........................................................by MR. SPEAKER
                       Requested by: Board of Examiners
SURPLUS PERSONAL PROPERTY - Amends and adds to existing law to distinguish
policies governing the disposal of state surplus real property and state
surplus personal property; and to authorize the disposal of surplus personal
property under certain conditions.
                                                                        
01/06    House intro - 1st rdg - to printing
    Rpt prt - to St Aff
01/21    Rpt out - rec d/p - to 2nd rdg
01/22    2nd rdg - to 3rd rdg
01/27    To Gen Ord
01/31    Rpt out amen - to engros
02/03    Rpt engros - 1st rdg - to 2nd rdg as amen
02/04    2nd rdg - to 3rd rdg as amen
02/05    3rd rdg as amen - PASSED - 69-0-1
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth,
      Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
      Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nacarrato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali,
      Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen, Smith(30),
      Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Smith(24)
    Floor Sponsor - Edmunson
    Title apvd - to Senate
02/06    Senate intro - 1st rdg - to St Aff
02/18    Rpt out - rec d/p - to 2nd rdg
02/19    2nd rdg - to 3rd rdg
02/20    3rd rdg - PASSED - 20-15-0
      AYES -- Andreason, Bunderson, Burtenshaw, Cameron, Compton, Darrington,
      Davis, Gannon, Geddes, Goedde, Hill, Ingram, Little, Lodge, McKenzie,
      Pearce, Richardson, Sorensen, Sweet, Williams
      NAYS -- Bailey, Brandt, Burkett, Calabretta, Kennedy, Keough,
      Malepeai(Ellis), Marley, McWilliams, Noble, Noh, Schroeder, Stegner,
      Stennett, Werk
      Absent and excused -- None
    Floor Sponsor - Davis
    Title apvd - to House
02/21    To enrol
02/24    Rpt enrol - Sp signed
02/25    Pres signed
02/26    To Governor
03/03    Governor signed
         Session Law Chapter 31
         Effective: 07/01/03

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 13
                                                                        
                                       BY MR. SPEAKER
                              Requested by: Board of Examiners
                                                                        
  1                                        AN ACT
  2    RELATING TO DISPOSAL OF SURPLUS PERSONAL  PROPERTY  OF  THE  STATE  OF  IDAHO;
  3        AMENDING  SECTION  67-2024,  IDAHO CODE, TO AUTHORIZE ADOPTION OF POLICIES
  4        AND PROCEDURES; AMENDING CHAPTER 20, TITLE 67, IDAHO CODE, BY THE ADDITION
  5        OF A NEW SECTION 67-2024A, IDAHO CODE, TO DISTINGUISH  POLICIES  GOVERNING
  6        THE  DISPOSAL  OF  STATE  SURPLUS REAL PROPERTY AND STATE SURPLUS PERSONAL
  7        PROPERTY; AND AMENDING SECTION 67-5732A, IDAHO CODE, TO AUTHORIZE DISPOSAL
  8        OF SURPLUS PERSONAL PROPERTY UNDER THE CONDITIONS SPECIFIED.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 67-2024, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        67-2024.  BOARD  MAY  MAKE  RULES ADOPT POLICIES AND PROCEDURES. The board
 13    may make adopt such rules and regulations policies and procedures for the con-
 14    duct of its business as it may deem desirable, not inconsistent with law.
                                                                        
 15        SECTION 2.  That Chapter 20, Title 67, Idaho Code, be,  and  the  same  is
 16    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 17    ignated as Section 67-2024A, Idaho Code, and to read as follows:
                                                                        
 18        67-2024A.  AUTHORIZATION FOR DISPOSAL OF STATE SURPLUS PROPERTY. The state
 19    board of examiners shall authorize:
 20        (1)  The disposal of state surplus  real  property  classified  as  "state
 21    administrative  facilities"  in  accordance with section 67-5709A, Idaho Code,
 22    excluding real property as set forth in section 58-331, Idaho Code; and
 23        (2)  The disposal of state surplus personal property  in  accordance  with
 24    section  67-5732A,  Idaho Code, and in compliance with the internal management
 25    policies and procedures for state surplus personal property as adopted by  the
 26    board.
                                                                        
 27        SECTION  3.  That Section 67-5732A, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        67-5732A.  SALE DISPOSAL OF SURPLUS PERSONAL PROPERTY AUTHORIZED. Whenever
 30    the head of any commission, board, council, task force, committee  or  depart-
 31    ment  of  state  government,  or  any institution of the state, or any elected
 32    state official, has under their jurisdiction or control, any personal property
 33    belonging to the state which, in their judgment, is of no further use  to  the
 34    state  or  to such department, commission, board, council, task force, commit-
 35    tee, department, institution or state office, they may, sell, in the  name  of
 36    the state, transfer, recycle or discard such personal property at public sale.
 37    Provided,  that  where  the  reasonable value of such property exceeds the sum
 38    established by the internal management policies, guidelines or instructions of
 39    the state board of examiners, the same will be sold at public auction or  sold
                                                                        
                                           2
                                                                        
  1    after  receipt of sealed bids, to the highest responsible bidder, after thirty
  2    (30) days of notice of such sale, giving the time and place and any sale  con-
  3    ditions thereof, published in a newspaper in the county where such property is
  4    to  be  sold, or if no newspaper is published in the county where such sale is
  5    to be held, one (1) such notice shall be posted at  the  place  of  sale.  All
  6    funds  received from sales of surplus personal property must be deposited into
  7    the state treasury and credited to the account of the  disposing  agency  less
  8    the  cost of the sale. The board of examiners may authorize the sale or trans-
  9    fer of surplus state personal property to city, county,  school  district,  or
 10    any  other  public  agency without public notice and without public sale, pro-
 11    vided the board has determined that it is in the best public interest  in  the
 12    name  of the state and in accordance with the internal management policies and
 13    procedures of the board of examiners.  The  board  of  examiners  shall  adopt
 14    internal  management policies and procedures for the disposal of state surplus
 15    personal property to efficiently dispose  of  surplus  personal  property,  to
 16    allow  conveyance  of surplus personal property to other state and local agen-
 17    cies, to offer state surplus personal property for sale to the public at large
 18    and to provide for maximum value received by the state of Idaho with attendant
 19    benefits to its citizens.

Amendment


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                                     Moved by    Edmunson            
                                                                        
                                                     Seconded by Campbell            
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                               HOUSE AMENDMENT TO H.B. NO. 13
                                                                        
  1                                AMENDMENT TO SECTION 3
  2        On page 2 of the printed bill, in line 19, delete "." and insert: ".  Pro-
  3    vided  that  when  sales will be offered to the public and sold to the highest
  4    responsible bidder, notice of such sale shall be published in at least a news-
  5    paper of general circulation in accordance with section  60-106,  Idaho  Code,
  6    for at least two (2) weeks prior to such offering.".

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


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                               HOUSE BILL NO. 13, As Amended
                                                                        
                                       BY MR. SPEAKER
                              Requested by: Board of Examiners
                                                                        
  1                                        AN ACT
  2    RELATING TO DISPOSAL OF SURPLUS PERSONAL  PROPERTY  OF  THE  STATE  OF  IDAHO;
  3        AMENDING  SECTION  67-2024,  IDAHO CODE, TO AUTHORIZE ADOPTION OF POLICIES
  4        AND PROCEDURES; AMENDING CHAPTER 20, TITLE 67, IDAHO CODE, BY THE ADDITION
  5        OF A NEW SECTION 67-2024A, IDAHO CODE, TO DISTINGUISH  POLICIES  GOVERNING
  6        THE  DISPOSAL  OF  STATE  SURPLUS REAL PROPERTY AND STATE SURPLUS PERSONAL
  7        PROPERTY; AND AMENDING SECTION 67-5732A, IDAHO CODE, TO AUTHORIZE DISPOSAL
  8        OF SURPLUS PERSONAL PROPERTY UNDER THE CONDITIONS SPECIFIED.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  That Section 67-2024, Idaho Code, be, and the same  is  hereby
 11    amended to read as follows:
                                                                        
 12        67-2024.  BOARD  MAY  MAKE  RULES ADOPT POLICIES AND PROCEDURES. The board
 13    may make adopt such rules and regulations policies and procedures for the con-
 14    duct of its business as it may deem desirable, not inconsistent with law.
                                                                        
 15        SECTION 2.  That Chapter 20, Title 67, Idaho Code, be,  and  the  same  is
 16    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 17    ignated as Section 67-2024A, Idaho Code, and to read as follows:
                                                                        
 18        67-2024A.  AUTHORIZATION FOR DISPOSAL OF STATE SURPLUS PROPERTY. The state
 19    board of examiners shall authorize:
 20        (1)  The disposal of state surplus  real  property  classified  as  "state
 21    administrative  facilities"  in  accordance with section 67-5709A, Idaho Code,
 22    excluding real property as set forth in section 58-331, Idaho Code; and
 23        (2)  The disposal of state surplus personal property  in  accordance  with
 24    section  67-5732A,  Idaho Code, and in compliance with the internal management
 25    policies and procedures for state surplus personal property as adopted by  the
 26    board.
                                                                        
 27        SECTION  3.  That Section 67-5732A, Idaho Code, be, and the same is hereby
 28    amended to read as follows:
                                                                        
 29        67-5732A.  SALE DISPOSAL OF SURPLUS PERSONAL PROPERTY AUTHORIZED. Whenever
 30    the head of any commission, board, council, task force, committee  or  depart-
 31    ment  of  state  government,  or  any institution of the state, or any elected
 32    state official, has under their jurisdiction or control, any personal property
 33    belonging to the state which, in their judgment, is of no further use  to  the
 34    state  or  to such department, commission, board, council, task force, commit-
 35    tee, department, institution or state office, they may, sell, in the  name  of
 36    the state, transfer, recycle or discard such personal property at public sale.
 37    Provided,  that  where  the  reasonable value of such property exceeds the sum
 38    established by the internal management policies, guidelines or instructions of
 39    the state board of examiners, the same will be sold at public auction or  sold
                                                                        
                                           2
                                                                        
  1    after  receipt of sealed bids, to the highest responsible bidder, after thirty
  2    (30) days of notice of such sale, giving the time and place and any sale  con-
  3    ditions thereof, published in a newspaper in the county where such property is
  4    to  be  sold, or if no newspaper is published in the county where such sale is
  5    to be held, one (1) such notice shall be posted at  the  place  of  sale.  All
  6    funds  received from sales of surplus personal property must be deposited into
  7    the state treasury and credited to the account of the  disposing  agency  less
  8    the  cost of the sale. The board of examiners may authorize the sale or trans-
  9    fer of surplus state personal property to city, county,  school  district,  or
 10    any  other  public  agency without public notice and without public sale, pro-
 11    vided the board has determined that it is in the best public interest  in  the
 12    name  of the state and in accordance with the internal management policies and
 13    procedures of the board of examiners.  The  board  of  examiners  shall  adopt
 14    internal  management policies and procedures for the disposal of state surplus
 15    personal property to efficiently dispose  of  surplus  personal  property,  to
 16    allow  conveyance  of surplus personal property to other state and local agen-
 17    cies, to offer state surplus personal property for sale to the public at large
 18    and to provide for maximum value received by the state of Idaho with attendant
 19    benefits to its citizens. Provided that when sales will be offered to the pub-
 20    lic and sold to the highest responsible bidder, notice of such sale  shall  be
 21    published  in  at  least a newspaper of general circulation in accordance with
 22    section 60-106, Idaho Code, for at least two (2) weeks prior to such offering.

Statement of Purpose / Fiscal Impact






                       STATEMENT OF PURPOSE
                             RS 12406


This legislation proposes to align code with the surplus personal
property policy of the State Board of Examiners and to clarify and
consolidate authorization for disposal of real and personal surplus
property by the board according to Idaho Code.






                          FISCAL NOTE
There is no fiscal impact to implement these amendments.





CONTACT:
Keith Johnson
State Controller's Office
334-3100




STATEMENT OF PURPOSE/FISCAL NOTE                    H13