2003 Legislation
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HOUSE BILL NO. 396 – Community college dist/bldg project

HOUSE BILL NO. 396

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN 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 modern  office  building  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 repeal by-laws bylaws 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, OR STATE 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 of state owned property 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; and to 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 / Fiscal Impact



                       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