SENATE BILL NO. 1450

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S1450................................................by JUDICIARY AND RULES
SCHOOL DISTRICT PROPERTY - Amends existing law relating to school district
real and personal property; to provide for the transfer or conveyance of
any real or personal property owned by the school district to Idaho Housing
and Finance Association.

02/28    Senate intro - 1st rdg - to printing
02/29    Rpt prt - to Educ
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/07    3rd rdg - PASSED - 32-0-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Burkett, Cameron, Coiner,
      Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
      Schroeder, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Broadsword, Gannon, Siddoway
    Floor Sponsor - Schroeder
    Title apvd - to House
03/10    House intro - 1st rdg - to Educ
03/12    Rpt out - rec d/p - to 2nd rdg
03/13    2nd rdg - to 3rd rdg
03/19    3rd rdg - PASSED - 55-11-4
      AYES -- Anderson, Andrus, Bayer, Bell, Bilbao, Black, Block, Bock,
      Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest, Henderson,
      Jaquet, Killen, King, Labrador, LeFavour, Luker, Mortimer, Nonini,
      Pasley-Stuart, Patrick, Pence, Raybould, Ringo, Roberts, Ruchti,
      Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
      Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thomas, Vander
      Woude, Wills, Wood(27), Mr. Speaker
      NAYS -- Barrett, Bedke, Harwood, Kren, Loertscher, Marriott, Mathews,
      McGeachin, Moyle, Nielsen, Thayn
      Absent and excused -- Clark, Lake, Trail, Wood(35)
    Floor Sponsor - Durst
    Title apvd - to Senate
03/20    To enrol - Rpt enrol - Pres signed
03/21    Sp signed
03/24    To Governor
03/28    Governor signed
         Session Law Chapter 307
         Effective: 03/28/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1450

                              BY JUDICIARY AND RULES COMMITTEE

  1                                        AN ACT
  2    RELATING TO SCHOOL DISTRICT  REAL  AND  PERSONAL  PROPERTY;  AMENDING  SECTION
  3        33-601,  IDAHO CODE, TO PROVIDE FOR THE TRANSFER OR CONVEYANCE OF ANY REAL
  4        OR PERSONAL PROPERTY OWNED BY A SCHOOL DISTRICT TO THE IDAHO  HOUSING  AND
  5        FINANCE  ASSOCIATION  AND  TO MAKE TECHNICAL CORRECTIONS; AND DECLARING AN
  6        EMERGENCY.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION 1.  That Section 33-601, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:

 10        33-601.  REAL  AND  PERSONAL  PROPERTY  -- ACQUISITION, USE OR DISPOSAL OF
 11    SAME. The board of trustees of each school district shall have  the  following
 12    powers and duties:
 13        (1.)  To  rent to or from others, school buildings or other property used,
 14    or to be used, for school purposes.
 15        (2.)  To contract for the construction, repair, or improvement of any real
 16    property, or the acquisition, purchase or repair of any  equipment,  or  other
 17    personal property necessary for the operation of the school district.
 18        Except  for  the  purchase  of  curricular materials as defined in section
 19    33-118A, Idaho Code, such contract shall be executed in  accordance  with  the
 20    provisions of chapter 28, title 67, Idaho Code.
 21        (3.)  To  designate  and  purchase  any real property necessary for school
 22    purposes or in the operation of the district, or remove any building, or  dis-
 23    pose  of any real property. Prior to, but not more than one (1) year prior to,
 24    any purchase or disposal of real property, the board shall have such  property
 25    appraised  by  an  appraiser  certified in the state of Idaho, which appraisal
 26    shall be entered in the records of the board of trustees, and shall be used to
 27    establish the value of the real property. The board of trustees  shall  deter-
 28    mine  the  size  of  the site necessary for school purposes. The site shall be
 29    located within the incorporated limits of any city within the  district;  pro-
 30    vided,  however,  that if the board finds that it is not in the best interests
 31    of the electors and the students of the district to locate the site within the
 32    incorporated limits of a city, the board, by duly adopted  resolution  setting
 33    forth  the  reasons  for  its  finding, may designate a site located elsewhere
 34    within the district. In elementary school districts, except upon  removal  for
 35    highway  purposes,  a site may be designated or changed only after approval of
 36    two-thirds (2/3) or more of the electors voting at the annual meeting.
 37        (4.)  (a) To convey, except as provided by paragraph (b) of  this  subsec-
 38        tion,  by  deed, bill of sale, or other appropriate instrument, all of the
 39        estate and interest of the district in any property, real or personal.  In
 40        elementary  school  districts,  except such conveyance as is authorized by
 41        subsection (6.) of this section, any of  the  transactions  authorized  in
 42        this  subsection  shall  be subject to the approval of two-thirds (2/3) or
 43        more of the electors voting at the annual meeting.

                                       2

  1             Prior to such sale or conveyance, the board shall have  the  property
  2        appraised  pursuant  to  this section, which appraisal shall be entered in
  3        the records of the board of trustees. The property may be sold  at  public
  4        auction  or  by  sealed bids, as the board of trustees shall determine, to
  5        the highest bidder. Such property may be sold for cash or for  such  terms
  6        and  conditions  as the board of trustees shall determine for a period not
  7        exceeding ten (10) years, with the annual rate of interest on all deferred
  8        payments not less than seven percent (7%) per  annum.  The  title  to  all
  9        property sold on contract shall be retained in the name of the school dis-
 10        trict  until full payment has been made by the purchaser, and title to all
 11        property sold under a note and mortgage or deed of trust shall  be  trans-
 12        ferred  to  the  purchaser at the point of sale under the terms and condi-
 13        tions of the mortgage or deed of trust as  the  board  of  trustees  shall
 14        determine.  Notice  of  the  time and the conditions of such sale shall be
 15        published twice, and proof thereof made, in accordance with subsections g.
 16        and h. of section 33-402, Idaho Code, except that when the appraised value
 17        of the property is less than one thousand dollars ($1,000), one (1) single
 18        notice by publication shall be sufficient and the property shall  be  sold
 19        by sealed bids or at public auction.
 20             The board of trustees may accept the highest bid, may reject any bid,
 21        or  reject  all  bids. If the real property was donated to the school dis-
 22        trict the board may, within a period of one (1) year from the time of  the
 23        appraisal,  sell  the  property without additional advertising or bidding.
 24        Otherwise, the board of trustees must have new appraisals made  and  again
 25        publish notice for bids, as before. If, thereafter, no satisfactory bid is
 26        made  and  received, the board may proceed under its own direction to sell
 27        and convey the property. In no case shall any real property of the  school
 28        district be sold for less than its appraisal.
 29             The  board  of trustees may sell personal property, with an estimated
 30        value of less than one thousand dollars ($1,000),  without  appraisal,  by
 31        sealed  bid  or  at  public auction, provided that there has been not less
 32        than one (1) published advertisement prior to the sale of  said  property.
 33        If  the  property has an estimated value of less than five hundred dollars
 34        ($500), the property may be disposed of in  the  most  cost-effective  and
 35        expedient manner by an employee of the district empowered for that purpose
 36        by the board, provided however, such employee shall notify the board prior
 37        to disposal of said property.
 38        (b)  Real and personal property may be exchanged hereunder for other prop-
 39        erty. Provided, however, that aside from the provisions of this paragraph,
 40        any  school  district  may by a vote of one-half (1/2) plus one (1) of the
 41        members of the full board of trustees, by resolution duly adopted, author-
 42        ize the transfer or conveyance of any real or personal property  owned  by
 43        such  school  district  to  the government of the United States, any city,
 44        county, the state of Idaho, any hospital district organized under  chapter
 45        13, title 39, Idaho Code, any other school district, the Idaho housing and
 46        finance association, any library district, any community college district,
 47        or  any recreation district, with or without any consideration accruing to
 48        the school district, when in the judgment of the board of trustees  it  is
 49        for  the interest of such school district that said transfer or conveyance
 50        be made. Prior to any transfer or conveyance of any real or personal prop-
 51        erty pursuant to this paragraph (4.)(b), the board shall have the property
 52        appraised by an appraiser certified in the state of Idaho, which appraisal
 53        shall be entered in the records of the board of  trustees,  and  shall  be
 54        used to establish the value of the real or personal property.
 55        (5.)  To  enter into contracts with any city located within the boundaries

                                       3

  1    of the school district for  the  joint  purchase,  construction,  development,
  2    maintenance  and  equipping  of  playgrounds,  ball parks, swimming pools, and
  3    other recreational facilities upon property owned either by  the  school  dis-
  4    trict or the city.
  5        (6.)  To  convey  rights-of-way and easements for highway, public utility,
  6    and other purposes over, upon or across any school property and,  when  neces-
  7    sary  to  the  use  of  such  property  for any such purpose, to authorize the
  8    removal of school buildings to such new location, or locations,  as  shall  be
  9    determined  by  the  board  of trustees, and such removal  shall be made at no
 10    cost or expense to the school district.
 11        (7.)  To authorize the use of any school building of  the  district  as  a
 12    community  center,  or  for  any  public purpose, and to establish a policy of
 13    charges, if any, to be made for such use.
 14        (8.)  To exercise the right of eminent  domain  under  the  provisions  of
 15    chapter  7,  title 7, Idaho Code, for any of the uses and purposes provided in
 16    section 7-701, Idaho Code.
 17        (9.)  If there is a great public calamity, such as an extraordinary  fire,
 18    flood,  storm,  epidemic, or other disaster, or if it is necessary to do emer-
 19    gency work to prepare for national or local defense, or it is necessary to  do
 20    emergency  work  to  safeguard life, health or property, the board of trustees
 21    may pass a resolution declaring that the public interest and necessity  demand
 22    the  immediate  expenditure of public money to safeguard life, health or prop-
 23    erty. Upon adoption of the resolution, the board may expend any  sum  required
 24    in the emergency without compliance with this section.

 25        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 26    declared to exist, this act shall be in full force and effect on and after its
 27    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17990

This legislation amends Idaho Code 33-601(4)(b)that currently
grants school districts the authority to authorize the transfer
or conveyance of any real or personal property owned by such
school district to various public entities with or without
consideration.

This bill adds Idaho Housing and Finance Association to the list
of entities to which school districts may transfer or convey
surplus property.



                           FISCAL NOTE

There is no fiscal impact on state general or dedicated funds.





Contact
Name: Senator Burkett 
Phone: 332-1414
Steve Rector
Idaho Housing and Finance Association
Phone: 859-3476



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1450