Print Friendly

SENATE BILL NO. 1122

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact

---

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status

---

S1122......................................by LOCAL GOVERNMENT AND TAXATION
PERSONAL PROPERTY - Adds to existing law relating to ordinary and necessary
expenses of governmental entities to provide that certain leases and
contracts for the purchase of personal property shall be considered
ordinary and necessary expenses within the meaning as prescribed in Section
3, Article VIII, of the Constitution of the State of Idaho.
                                                                        
02/09    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Loc Gov

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1122
                                                                        
                         BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ORDINARY AND NECESSARY EXPENSES OF GOVERNMENTAL ENTITIES; AMENDING
  3        CHAPTER 23, TITLE 67, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
  4        67-2359,  IDAHO CODE, TO PROVIDE THAT CERTAIN LEASES AND CONTRACTS FOR THE
  5        PURCHASE OF PERSONAL PROPERTY SHALL BE CONSIDERED ORDINARY  AND  NECESSARY
  6        EXPENSES  WITHIN  THE  MEANING AS PRESCRIBED IN SECTION 3, ARTICLE VIII OF
  7        THE CONSTITUTION OF THE STATE OF IDAHO; AND DECLARING AN EMERGENCY.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 23, Title 67, Idaho Code, be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 67-2359, Idaho Code, and to read as follows:
                                                                        
 12        67-2359.  ORDINARY AND NECESSARY EXPENSES -- SHORT TERM LEASE OR  CONTRACT
 13    FOR  THE  PURCHASE OF PERSONAL PROPERTY. Whenever any governmental entity sub-
 14    ject to the limitations of section 3, article VIII of the constitution of  the
 15    state  of Idaho enters into a lease or a contract for the purchase of personal
 16    property for a period of time not to exceed ten (10) years and  the  lease  or
 17    contract  requires  an annual appropriation by the governing board of the gov-
 18    ernmental entity, such lease or contract shall be considered an  ordinary  and
 19    necessary  expense within the meaning as prescribed in section 3, article VIII
 20    of the constitution of the state of Idaho.
                                                                        
 21        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 22    declared to exist, this act shall be in full force and effect on and after its
 23    passage and approval.

Statement of Purpose / Fiscal Impact

                    Statement of Purpose
                              
                          RS 16935
                              
  This legislation clarifies that a lease and/or an agreement
  for purchase of personal property by a governmental entity
  is an ordinary and necessary expenditure as stated in
  Section 3, Article VIII of the Idaho Constitution. 
  
  
                        FISCAL NOTE
                              
  There is no fiscal impact to the general fund.
  


  
  Contact
  Name:  Stuart Davis, Idaho Association of Highway Districts
  Phone: 345-5176
  
  
  
                                                    S 1122