2004 Legislation
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HOUSE BILL NO. 661 – Hospital dist, dissolution

HOUSE BILL NO. 661

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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