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H0661...............................................by REVENUE AND TAXATION
HOSPITAL DISTRICTS - Amends and adds to existing law to revise the
procedures for the dissolution of hospital districts.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Rev/Tax
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 69-0-1
AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
Crow, Cuddy, 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, Naccarato,
Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Deal
Floor Sponsor - Shepherd
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Loc Gov
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/15 3rd rdg - PASSED - 30-0-5
AYES -- Andreason, Bailey, Bunderson, Burkett, Burtenshaw,
Calabretta, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner,
Sweet, Werk
NAYS -- None
Absent and excused -- Brandt, Cameron, Noh, Stennett, Williams
Floor Sponsor - Hill
Title apvd - to House
03/16 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - To Governor
03/23 Governor signed
Session Law Chapter 263
Effective: 07/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 661
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO DISSOLUTION OF HOSPITAL DISTRICTS; AMENDING SECTION 39-1325a,
3 IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE A TECHNICAL CORRECTION
4 AND TO PROVIDE FOR AN ORDER OF DISSOLUTION SUBJECT TO CERTAIN PROVISIONS;
5 AMENDING CHAPTER 13, TITLE 39, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS
6 39-1325B AND 39-1325C, IDAHO CODE, TO PROVIDE FOR DISSOLUTION OF A
7 NONFUNCTIONING DISTRICT, TO PROVIDE THE EFFECT OF DISSOLUTION OF A HOSPI-
8 TAL DISTRICT AND TO PROVIDE FOR DISPOSAL OF PROPERTY AND DISTRIBUTION OF
9 ASSETS AND NOTIFICATION OF THE STATE CONTROLLER.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 39-1325a, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 39-1325aA. PETITIONS FOR DISSOLUTION OF HOSPITAL DISTRICTS. (1) Proceed-
14 ings for the dissolution of a hospital district may be initiated by a petition
15 containing the signatures of qualified electors of the district or owners of
16 property within the district equal in number to ten per cent percent (10%) of
17 the qualified electors and taxpayers of the district, the same percentage
18 required for the organization of the district, but not earlier than four (4)
19 years after the date of its establishment.
20 (2) The petition, when completed and verified, shall be filed with the
21 clerk of the court of the county or counties if more than one (1) county is
22 involved. The county commissioners shall publish notice and hold a hearing on
23 the matter. If necessary, they shall hold an election, subject to the provi-
24 sions of section 34-106, Idaho Code, on the matter. The hearing and election
25 shall be held in accordance with the terms and provisions of sections 40-1803
26 through 40-1809, Idaho Code. The disposition of hospital district assets on
27 dissolution and the provision for payment of district indebtedness shall be
28 made in accordance with the provisions of sections 63-4105 and 63-4106, Idaho
29 Code.
30 (3) If the hospital district embraces territory in more than one (1)
31 county, an election for its dissolution shall be deemed approved only if a
32 majority of the votes cast in each such county were cast in the affirmative.
33 If, upon the canvass of ballots, it be determined that the proposition has
34 been approved, the board of county commissioners of each county shall enter
35 its order to that effect, subject to the provisions of section 39-1325C, Idaho
36 Code, and the order shall by them be made a matter of record.
37 SECTION 2. That Chapter 13, Title 39, Idaho Code, be, and the same is
38 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
39 nated as Sections 39-1325B and 39-1325C, Idaho Code, and to read as follows:
40 39-1325B. NONFUNCTIONING DISTRICT. Any hospital district which fails or
41 has ceased to function for two (2) or more years may be dissolved by the board
2
1 or boards of county commissioners of the county or counties in which it is
2 located. The county commissioners may initiate such action by resolution sub-
3 ject to the provisions of section 39-1325C, Idaho Code.
4 39-1325C. EFFECT OF DISSOLUTION. (1) A dissolved hospital district con-
5 tinues its existence under the supervision of the board or boards of county
6 commissioners of the county or counties in which the district is located, but
7 may not carry on any business except that appropriate to wind up and liquidate
8 its business and affairs, including the power to levy property taxes pursuant
9 to the provisions of this chapter.
10 (2) The disposition of such property shall be governed by the provisions
11 of section 63-4105, Idaho Code.
12 (3) Upon completion of winding up and liquidating the district's business
13 and affairs, the commissioners shall enter a final order terminating the dis-
14 trict and shall notify in writing the social security administrator at the
15 Idaho state controller's office within ninety (90) days of the dissolution.
STATEMENT OF PURPOSE
RS 13834
The purpose of this RS is to provide a technical correction,
and amend section 39-1325a to provide for an order of dissolution
of a hospital district and to provide for the property and
distribution of assets and notification of the state controller.
FISCAL IMPACT
No fiscal impact to the state of Idaho.
Contact
Name: Representative Sheperd
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 661