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H0396......................................................by STATE AFFAIRS COMMUNITY COLLEGE DISTRICTS - BUILDING PROJECTS - Amends existing law to authorize the State Building Authority to receive contributions from community college districts and to rent, lease, sell or sublease to community college districts; to require approval of the Legislature prior to financing facilities for community college districts; and to provide that a community college district board of trustees' general powers include the power to lease property to and enter into agreements with the State Building Authority. 03/31 House intro - 1st rdg - to printing 04/01 Rpt prt - to St Aff 04/03 Rpt out - rec d/p - to 2nd rdg 04/04 2nd rdg - to 3rd rdg 04/30 3rd rdg - PASSED - 55-14-1 AYES -- Andersen(Guyon), 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, Henbest, Jaquet, Jones, Kellogg, Lake, Langhorst, Martinez(Echohawk), Meyer, Miller, Mitchell, Naccarato, Ring, Ringo, Robison, Rydalch, Sayler, Shepherd(Buell), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail, Wills, Mr. Speaker NAYS -- Barraclough(Schanz), Barrett, Harwood, Kulczyk, Langford, McGeachin, McKague, Moyle, Nielsen, Raybould, Roberts, Sali, Schaefer, Wood Absent and excused -- Ridinger Floor Sponsors - Deal, Meyer & Gagner Title apvd - to Senate 04/30 Senate intro - 1st rdg - to St Aff 05/01 Rpt out - rec d/p - to 2nd rdg 05/02 2nd rdg - to 3rd rdg 05/03 3rd rdg - PASSED - 28-6-1 AYES -- Andreason, Bailey, Bunderson, Burkett, Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams, Noble, Noh, Schroeder, Sorensen, Stegner, Stennett, Werk NAYS -- Brandt, Burtenshaw, Pearce(Banner), Richardson, Sweet, Williams Absent and excused -- Davis Floor Sponsor - Compton Title apvd - to House 05/03 To enrol - Rpt enrol - Sp signed - Pres signed 05/05 To Governor 05/06 Governor signed Session Law Chapter 349 Effective: 05/06/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 396 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO POWERS AND DUTIES OF THE STATE BUILDING AUTHORITY RELATING TO COM- 3 MUNITY COLLEGE DISTRICTS; AMENDING SECTION 67-6402, IDAHO CODE, TO DEFINE 4 ADDITIONAL TERMS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 5 67-6409, IDAHO CODE, TO PROVIDE AUTHORITY TO THE BUILDING AUTHORITY TO 6 RECEIVE CONTRIBUTIONS FROM COMMUNITY COLLEGE DISTRICTS, TO PROVIDE AUTHOR- 7 ITY TO THE STATE BUILDING AUTHORITY TO SELL, LEASE, RENT OR SUBLEASE TO 8 COMMUNITY COLLEGE DISTRICTS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING 9 SECTION 67-6410, IDAHO CODE, TO REQUIRE APPROVAL BY THE LEGISLATURE PRIOR 10 TO FINANCING FACILITIES FOR COMMUNITY COLLEGE DISTRICTS; AMENDING SECTION 11 67-6411, IDAHO CODE, TO REQUIRE COOPERATION BETWEEN THE AUTHORITY, MUNICI- 12 PALITIES, STATE BODIES OR COMMUNITY COLLEGE DISTRICTS; AMENDING SECTION 13 67-6423, IDAHO CODE, TO PROVIDE THAT CONTRACTS FOR FACILITIES BY THE 14 AUTHORITY NEED NOT COMPLY WITH ANY OTHER STATE LAW APPLICABLE TO CONTRACTS 15 FOR THE CONSTRUCTION AND ACQUISITION BY COMMUNITY COLLEGE DISTRICTS; 16 AMENDING SECTION 33-2107, IDAHO CODE, TO PROVIDE THAT A COMMUNITY COLLEGE 17 DISTRICT BOARD OF TRUSTEES' GENERAL POWERS INCLUDE THE POWER TO LEASE 18 PROPERTY TO THE AUTHORITY AND TO ENTER INTO AGREEMENTS WITH THE AUTHORITY; 19 AND DECLARING AN EMERGENCY. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That Section 67-6402, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 67-6402. DEFINITIONS. As used in this chapter the following words and 24 terms have the following meanings, unless a different meaning clearly appears 25 from the context: 26 (a) "Authority" means the Idaho state building authority created and 27 established pursuant to section 67-6403, Idaho Code. 28 (b) "Bonds," "notes" or "bond anticipation notes" and "other obligations" 29 mean any bonds, notes, debentures, interim certificates or other evidences of 30 financial indebtedness, respectively, issued by the state building authority 31 pursuant to this chapter. 32 (c) "Community college district" means any community college district 33 organized and existing under chapter 21, title 33, Idaho Code. 34 (d) "Federal government" means the United States of America, or any 35 agency or instrumentality, corporate or otherwise of the United States of 36 America. 37 (de) "Facility" means any work or undertaking, whether new construction 38 or rehabilitation, which is designed and financed pursuant to the provisions 39 of this act and designed for use as an office building, laboratory, library, 40 dining room, instructional facility, motor vehicle parking, storage or service 41 facility or for any other use by any state body or community college district 42 and all other real or personal properties which are necessary, convenient, or 43 desirable appurtenances, such as but not limited to streets, sewers, utili- 2 1 ties, parks, site preparation, landscaping, and such equipment which may be 2 necessary to constitute a fully equipped and modernofficebuilding as the 3 authority determines to be necessary or convenient to accomplish the purposes 4 of this act. 5 (ef) "Municipality" means any city, municipal corporation, or other 6 political subdivision of this state. 7 (fg) "Real property" means all lands, including improvements and fixtures 8 thereon, and property of any nature appurtenant thereto, or used in connection 9 therewith, and every estate, interest and right, legal or equitable, therein, 10 including terms of years and liens by way of judgment, mortgage or otherwise 11 and the indebtedness secured by such liens. 12 (gh) "State" means the state of Idaho. 13 (hi) "State body" means any department, board, commission, or agency of 14 the state of Idaho. 15 SECTION 2. That Section 67-6409, Idaho Code, be, and the same is hereby 16 amended to read as follows: 17 67-6409. GENERAL POWERS OF THE AUTHORITY. The authority is hereby 18 granted, has and may exercise all powers necessary or appropriate to carry out 19 and effectuate its corporate purposes, including, without limitation, the fol- 20 lowing: 21 (a) sue and be sued in its own name; 22 (b) have an official seal and to alter the same at pleasure; 23 (c) have perpetual succession; 24 (d) maintain an office at such place or places within this state as it 25 may designate; 26 (e) adopt and from time to time amend and repealby-lawsbylaws and rules 27 and regulations, not inconsistent with this chapter, to carry into effect the 28 powers and purposes of the authority and the conduct of its business; 29 (f) make and execute contracts and all other instruments necessary or 30 convenient for the exercise of its powers and functions; 31 (g) acquire real or personal property, or any interest therein, on either 32 a temporary or long-term basis in the name of the authority by gift, purchase, 33 transfer, foreclosure, lease or otherwise including rights or easements; hold, 34 sell, assign, lease, encumber, mortgage or otherwise dispose of any real or 35 personal property, or any interest therein, or mortgage interest owned by it 36 or under its control, custody or in its possession and release or relinquish 37 any right, title, claim, lien, interest, easement or demand however acquired, 38 including any equity or right of redemption in property foreclosed by it and 39 to do any of the foregoing by public sale, with such public bidding as shall 40 be required by the provisions of any other law; 41 (h) to lease or rent any lands, buildings, structures, facilities or 42 equipment from private parties to effectuate the purposes of this act; 43 (i) to enter into agreements or other transactions with and accept grants 44 and the cooperation of the United States or any agency thereof or of the state 45 of Idaho or any agency or governmental subdivision thereof in furtherance of 46 the purposes of this act, including but not limited to the development, main- 47 tenance, operation and financing of any facility and to do any and all things 48 necessary in order to avail itself of such aid and cooperation; 49 (j) to receive and accept aid or contributions from any source of money, 50 property, labor or other things of value, to be held, used and applied to 51 carry out the purposes of this act subject to such conditions upon which such 52 grants and contributions may be made, including, but not limited to, gifts or 53 grants from any department or agency of the United States or this state or any 3 1 community college district for any purpose consistent with this act; 2 (k) to employ architects, engineers, attorneys, accountants, building 3 construction and financial experts and such other advisors, consultants and 4 agents as may be necessary in its judgment and to fix their compensation; 5 (l) to procure insurance against any loss in connection with its property 6 and other assets in such amounts and from such insurers as it deems desirable; 7 (m) to invest any funds not needed for immediate use or disbursement, 8 including any funds held in reserve, in: 9 (1) bonds, notes and other obligations of the United States or any agency 10 or instrumentality thereof and other securities secured by such bonds, 11 notes or other obligation; 12 (2) money market funds which are insured or the assets of which are lim- 13 ited to obligations of the United States or any agency or instrumentality 14 thereof; 15 (3) time certificates of deposit and savings accounts; 16 (4) commercial paper which, at the time of its purchase, is rated in the 17 highest category by a nationally recognized rating service; and 18 (5) property or securities in which the state treasurer may invest funds 19 in the state treasury pursuant to section 67-1210, Idaho Code. 20 (n) to borrow money and issue bonds and notes or other evidences of 21 indebtedness thereof as hereinafter provided; 22 (o) to the extent permitted under its contract with the holders of bonds, 23 notes and other obligations of the authority to consent to any modification of 24 any contract, lease or agreement of any kind to which the authority is a 25 party; 26 (p) to manage or operate real and personal property, in the state, take 27 assignments of leases and rentals, proceed with foreclosure actions, or take 28 any other action necessary or incidental to the performance of its corporate 29 duties; 30 (q) to make and enter into all contracts and agreements necessary or 31 incidental to the performance of its duties and the execution of its powers 32 under this chapter; 33 (r) to plan, carry out, acquire, lease and operate facilities and to pro- 34 vide for the construction, reconstruction, improvement, alteration or repair 35 of any facility or part thereof; 36 (s) to sell, lease, rent or sublease to any state body or community col- 37 lege district, any facility or any space embraced in any facility constructed 38 or leased under this act, to establish and revise the rents or charges there- 39 for and to do any other acts necessary to the management and operation of its 40 facilities; 41 (t) to do any act necessary or convenient to the exercise of the powers 42 herein granted or reasonably implied therefrom. 43 SECTION 3. That Section 67-6410, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 67-6410. PROCEDURE PRIOR TO FINANCING BUILDING DEVELOPMENTS OR BUILDING 46 PROJECTS. Notwithstanding any other provision of this act, the authority is 47 not empowered to finance any facility pursuant to section 67-6409, Idaho Code, 48 unless: 49 (a) Prior approval by the legislature has been given by concurrent reso- 50 lution authorizing a state body or community college district to have the 51 authority provide a specific facility; 52 (b) A state body or community college district has entered into an agree- 53 ment with the authority for the authority to provide a facility; and 4 1 (c) The authority finds that the building development or building project 2 to be assisted pursuant to the provisions of this act, will be of public use 3 and will provide a public benefit. 4 SECTION 4. That Section 67-6411, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 67-6411. COOPERATION WITH MUNICIPALITIES,ORSTATE BODIES OR COMMUNITY 7 COLLEGE DISTRICTS. (a) The authority may obtain the aid and cooperation of the 8 municipalities in which such facilities are to be located and shall have the 9 power to enter into: 10 (1) such agreements and arrangements as it deems necessary or advisable 11 to obtain such aid and cooperation; and 12 (2) agreements with municipalities,or counties for the furnishing, 13 installing, opening, or closing of streets, roads, alleys, sidewalks or 14 other places, or for the furnishing of property, sewage, water, and other 15 services in connection with facilities financed under this act or for the 16 changing of the map of a political subdivision of the planning, replan- 17 ning, zoning, or rezoning of any part of a political subdivision. 18 (b) The authority and any state body or community college district may 19 join or cooperate with each other, either jointly or otherwise, in the exer- 20 cise of any of their powers for the purpose of planning, undertaking, owning, 21 constructing or contracting with respect to a facility. 22 SECTION 5. That Section 67-6423, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 67-6423. ACT NOT A LIMITATION OF POWERS. Neither this act nor anything 25 herein contained is or shall be construed as a restriction or limitation upon 26 any powers which the authority might otherwise have under any laws of this 27 state, and this act is cumulative to any such powers. This act does and shall 28 be construed to provide a complete, additional and alternative method for the 29 doing of the things authorized thereby and shall be regarded as supplemental 30 and additional to powers conferred by other laws. However, the issuance of 31 bonds, notes and other obligations and refunding bonds under the provisions of 32 this act need not comply with the requirements of any other state law applica- 33 ble to the issuance of bonds, notes and other obligations. Contracts for the 34 construction and acquisition of any facilities undertaken pursuant to this act 35 need not comply with the provisions of any other state law applicable to con- 36 tracts for the construction and acquisition ofstate ownedproperty by the 37 state or a community college district. No proceedings, notice or approval 38 shall be required for the issuance of any bonds, notes and other obligations 39 or any instrument as security therefor, except as is provided in this act. 40 SECTION 6. That Section 33-2107, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 33-2107. GENERAL POWERS OF THE BOARD OF TRUSTEES. The board of trustees 43 of each junior college district shall have the power: 44 1. To adopt rules and regulations for its own government and the govern- 45 ment of the college; 46 2. To employ legal counsel and other professional, and nonprofessional 47 persons, and to prescribe their qualifications; 48 3. To acquire and hold, and to dispose of, real and personal property, 49 and to construct, repair, remodel and remove buildings; 5 1 4. To contract for the acquisition, purchase or repair of buildings, in 2 the manner prescribed for trustees of school districts; 3 5. To dispose of real and personal property in the manner prescribed for 4 trustees of school districts; 5 6. To issue general obligation or revenue bonds in the manner now, or as 6 may be, prescribed by law; 7 7. To convey and transfer real property of the district upon which no 8 college buildings used for instruction are situated, to nonprofit corpora- 9 tions, school districts, junior college housing commissions, counties or 10 municipalities, with or without consideration; to rent real or personal prop- 11 erty for the use of the college, its students or faculty, for such terms as 12 may be determined by the board of trustees;andto lease real property of the 13 district not actually in use for college instructional purposes for such terms 14 as may be determined by the board; and to lease real property and improvements 15 to the Idaho state building authority, for a term not to exceed fifty (50) 16 years, with or without consideration, and to enter into agreements with the 17 Idaho state building authority for the Idaho state building authority to pro- 18 vide a facility, pursuant to section 67-6410, Idaho Code; 19 8. To acquire, hold, and dispose of, water rights; 20 9. To accept grants or gifts of money, materials or property of any kind 21 from any governmental agency, or from any person, firm or association, on such 22 terms as may be determined by the granter; 23 10. To cooperate with any governmental agency, or any person, firm or 24 association in the conduct of any educational program; to accept grants from 25 any source for the conduct of such program; and to conduct such program on, or 26 off, campus; 27 11. To invest any funds of the district in such securities, and apply the 28 interest or profits from such investment, as prescribed for the investment of 29 the funds, and the application of the interest or profits, in the case of 30 school district boards of trustees. 31 SECTION 7. An emergency existing therefor, which emergency is hereby 32 declared to exist, this act shall be in full force and effect on and after its 33 passage and approval.
STATEMENT OF PURPOSE RS13245 The purpose of this legislation is to amend the Idaho State Building Authority Act, Section 67-6401 et seq. and section 33- 2107, Idaho Code to allow for the financing by the Building Authority of projects for community college districts. Currently, the Idaho State Building Authority Act does not allow for the Building Authority to finance the acquisition or construction of facilities for other than state bodies (defined as a department, board, commission or agency of the state of Idaho). Pursuant to this legislation, the Building Authority could finance facilities for community college districts when the Legislature has given prior approval by concurrent resolution, the community college district has entered into an agreement with the Building Authority and the Building Authority finds that the project will be of public use and provide a public benefit. The legislation also amends section 33-2107, Idaho Code, to allow community college districts to lease real property to the Building Authority, with or without consideration, and to enter into agreements with the Building Authority for the Building Authority to provide a facility pursuant to section 67-6410, Idaho Code. This legislation is a companion piece in conjunction with a proposed concurrent resolution that would authorize the Building Authority to issue bonds to cover projects at institutions of higher education and community college districts. FISCAL IMPACT None unless a concurrent resolution is passed, as required by section 67-6410, Idaho Code. If such resolution were passed, there is no expected impact to the General Fund as it is anticipated that the annual rent payments to the Building Authority would be made from the Permanent Building Fund. The amount of annual payments would depend on the amount of bonds issued by the Building Authority. Contact Name: Rep. Bill Deal Rep. Wayne Meyer Rep. Lee Gagner Phone: 208/332-1000 STATEMENT OF PURPOSE/FISCAL NOTE H 396