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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 - 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
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