View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
H0624aaS.......................................................by EDUCATION
SCHOOL PROPERTY - Amends existing law to provide that school property with
an estimated value of less than five hundred dollars may be disposed of by
an employee of the district empowered by the board to dispose of such
properties, provided the school district board of trustees has been
notified prior to disposal of said property.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Educ
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 48-18-4
AYES -- Andrus, Barraclough, Bastian, Bell, Bilbao, Black, Block,
Boe, Bolz, Bradford, Cannon, Chadderdon, Collins, Crow, Deal, Denney,
Edmunson, Ellsworth, Eskridge, Field(18), Garrett, Henderson, Jaquet,
Kemp, LeFavour, Martinez, Mathews, Miller, Nielsen, Nonini,
Pasley-Stuart, Pence, Ring, Ringo, Rusche, Rydalch, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smylie,
Snodgrass, Stevenson, Trail, Wills
NAYS -- Barrett, Bayer, Bedke, Clark, Field(23), Hart, Harwood,
Henbest, Lake, Loertscher, McGeachin, McKague, Moyle, Raybould,
Roberts, Sali(Sali), Smith(24), Wood
Absent and excused -- Anderson, Brackett, Mitchell, Mr. Speaker
Floor Sponsor - Kemp
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Educ
03/08 Rpt out - to 14th Ord
03/14 Rpt out amen - to 1st rdg as amen
03/15 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Marley
Floor Sponsor - Goedde
Title apvd - to House
03/21 House concurred in Senate amens - to engros
03/22 Rpt engros - 1st rdg - to 2nd rdg as amen
03/23 2nd rdg - to 3rd rdg as amen
03/24 3rd rdg as amen - PASSED - 62-7-1
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford,
Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson,
Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest,
Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews,
Miller, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, Rusche, Rydalch, Schaefer, Shepherd(2), Shepherd(8),
Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
Trail, Wills, Wood, Mr. Speaker
NAYS -- Hart, Lake, McGeachin, McKague, Moyle, Roberts, Sali
Absent and excused -- Sayler
Floor Sponsor - Kemp
Title apvd - to enrol
03/27 Rpt enrol - Sp signed
03/28 Pres signed
03/29 To Governor
03/30 Governor signed
Session Law Chapter 228
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 624
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL PROPERTY; AMENDING SECTION 33-601, IDAHO CODE, TO PROVIDE
3 THAT SCHOOL PROPERTY WITH AN ESTIMATED VALUE OF LESS THAN FIVE HUNDRED
4 DOLLARS MAY BE DISPOSED OF BY AN EMPLOYEE OF THE DISTRICT EMPOWERED BY THE
5 BOARD TO DISPOSE OF SUCH PROPERTIES.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-601, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF
10 SAME. The board of trustees of each school district shall have the following
11 powers and duties:
12 1. To rent to or from others, school buildings or other property used, or
13 to be used, for school purposes.
14 2. To contract for the construction, repair, or improvement of any real
15 property, or the acquisition, purchase or repair of any equipment, or other
16 personal property necessary for the operation of the school district.
17 Except for the purchase of curricular materials as defined in section
18 33-118A, Idaho Code, such contract shall be executed in accordance with the
19 provisions of chapter 28, title 67, Idaho Code.
20 3. To designate and purchase any real property necessary for school pur-
21 poses or in the operation of the district, or remove any building, or dispose
22 of any real property. Prior to, but not more than one (1) year prior to, any
23 purchase or disposal of real property, the board shall have such property
24 appraised by an appraiser certified in the state of Idaho, which appraisal
25 shall be entered in the records of the board of trustees, and shall be used to
26 establish the value of the real property. The board of trustees shall deter-
27 mine the size of the site necessary for school purposes. The site shall be
28 located within the incorporated limits of any city within the district; pro-
29 vided, however, that if the board finds that it is not in the best interests
30 of the electors and the students of the district to locate the site within the
31 incorporated limits of a city, the board, by duly adopted resolution setting
32 forth the reasons for its finding, may designate a site located elsewhere
33 within the district. In elementary school districts, except upon removal for
34 highway purposes, a site may be designated or changed only after approval of
35 two-thirds (2/3) or more of the electors voting at the annual meeting.
36 4. (a) To convey, except as provided by paragraph (b) of this subsection,
37 by deed, bill of sale, or other appropriate instrument, all of the estate
38 and interest of the district in any property, real or personal. In elemen-
39 tary school districts, except such conveyance as is authorized by subsec-
40 tion 6. of this section, any of the transactions authorized in this sub-
41 section shall be subject to the approval of two-thirds (2/3) or more of
42 the electors voting at the annual meeting.
43 Prior to such sale or conveyance, the board shall have the property
2
1 appraised pursuant to this section, which appraisal shall be entered in
2 the records of the board of trustees. The property may be sold at public
3 auction or by sealed bids, as the board of trustees shall determine, to
4 the highest bidder. Such property may be sold for cash or for such terms
5 and conditions as the board of trustees shall determine for a period not
6 exceeding ten (10) years, with the annual rate of interest on all deferred
7 payments not less than seven percent (7%) per annum. The title to all
8 property sold on contract shall be retained in the name of the school dis-
9 trict until full payment has been made by the purchaser, and title to all
10 property sold under a note and mortgage or deed of trust shall be trans-
11 ferred to the purchaser at the point of sale under the terms and condi-
12 tions of the mortgage or deed of trust as the board of trustees shall
13 determine. Notice of the time and the conditions of such sale shall be
14 published twice, and proof thereof made, in accordance with subsections g.
15 and h. of section 33-402, Idaho Code, except that when the appraised value
16 of the property is less than one thousand dollars ($1,000), one (1) single
17 notice by publication shall be sufficient and the property shall be sold
18 by sealed bids or at public auction.
19 The board of trustees may accept the highest bid, may reject any bid,
20 or reject all bids. If the real property was donated to the school dis-
21 trict the board may, within a period of one (1) year from the time of the
22 appraisal, sell the property without additional advertising or bidding.
23 Otherwise, the board of trustees must have new appraisals made and again
24 publish notice for bids, as before. If, thereafter, no satisfactory bid is
25 made and received, the board may proceed under its own direction to sell
26 and convey the property. In no case shall any real property of the school
27 district be sold for less than its appraisal.
28 The board of trustees may sell personal property, with an estimated
29 value of less than one thousand dollars ($1,000), without appraisal, by
30 sealed bid or at public auction, provided that there has been not less
31 than one (1) published advertisement prior to the sale of said property.
32 If the board, by a unanimous vote of those members present, finds that the
33 property has an estimated value of less than five hundred dollars ($500),
34 and is of insufficient value to defray the costs of arranging a sale, the
35 property may be disposed of in the most cost-effective and expedient man-
36 ner by an employee of the district empowered for that purpose by the
37 board.
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, any library district,
46 any community college district, or any recreation district, with or with-
47 out any consideration accruing to the school district, when in the judg-
48 ment of the board of trustees it is for the interest of such school dis-
49 trict that said transfer or conveyance be made. Prior to any transfer or
50 conveyance of any real or personal property pursuant to this paragraph
51 4.(b), the board shall have the property appraised by an appraiser certi-
52 fied in the state of Idaho, which appraisal shall be entered in the
53 records of the board of trustees, and shall be used to establish the value
54 of the real or personal property.
55 5. To enter into contracts with any city located within the boundaries of
3
1 the school district for the joint purchase, construction, development, mainte-
2 nance and equipping of playgrounds, ball parks, swimming pools, and other rec-
3 reational facilities upon property owned either by the school district or the
4 city.
5 6. To convey rights-of-way and easements for highway, public utility, and
6 other purposes over, upon or across any school property and, when necessary to
7 the use of such property for any such purpose, to authorize the removal of
8 school buildings to such new location, or locations, as shall be determined by
9 the board of trustees, and such removal shall be made at no cost or expense to
10 the school district.
11 7. To authorize the use of any school building of the district as a com-
12 munity 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 chap-
15 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec-
16 tion 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.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Schroeder
Seconded by Gannon
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 624
1 AMENDMENT TO SECTION 1
2 On page 2 of the printed bill, in line 37, following "board" insert: ",
3 provided however, such employee shall notify the board prior to disposal of
4 said property".
5 CORRECTION TO TITLE
6 On page 1, in line 5, following "PROPERTIES" insert: "PROVIDED THE BOARD
7 HAS BEEN NOTIFIED PRIOR TO DISPOSAL OF SAID PROPERTY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 624, As Amended in the Senate
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL PROPERTY; AMENDING SECTION 33-601, IDAHO CODE, TO PROVIDE
3 THAT SCHOOL PROPERTY WITH AN ESTIMATED VALUE OF LESS THAN FIVE HUNDRED
4 DOLLARS MAY BE DISPOSED OF BY AN EMPLOYEE OF THE DISTRICT EMPOWERED BY THE
5 BOARD TO DISPOSE OF SUCH PROPERTIES PROVIDED THE BOARD HAS BEEN NOTIFIED
6 PRIOR TO DISPOSAL OF SAID PROPERTY.
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, or
14 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 pur-
22 poses or in the operation of the district, or remove any building, or dispose
23 of any real property. Prior to, but not more than one (1) year prior to, any
24 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 subsection,
38 by deed, bill of sale, or other appropriate instrument, all of the estate
39 and interest of the district in any property, real or personal. In elemen-
40 tary school districts, except such conveyance as is authorized by subsec-
41 tion 6. of this section, any of the transactions authorized in this sub-
42 section shall be subject to the approval of two-thirds (2/3) or more of
43 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 board, by a unanimous vote of those members present, finds that the
34 property has an estimated value of less than five hundred dollars ($500),
35 and is of insufficient value to defray the costs of arranging a sale, the
36 property may be disposed of in the most cost-effective and expedient man-
37 ner by an employee of the district empowered for that purpose by the
38 board, provided however, such employee shall notify the board prior to
39 disposal of said property.
40 (b) Real and personal property may be exchanged hereunder for other prop-
41 erty. Provided, however, that aside from the provisions of this paragraph,
42 any school district may by a vote of one-half (1/2) plus one (1) of the
43 members of the full board of trustees, by resolution duly adopted, author-
44 ize the transfer or conveyance of any real or personal property owned by
45 such school district to the government of the United States, any city,
46 county, the state of Idaho, any hospital district organized under chapter
47 13, title 39, Idaho Code, any other school district, any library district,
48 any community college district, or any recreation district, with or with-
49 out any consideration accruing to the school district, when in the judg-
50 ment of the board of trustees it is for the interest of such school dis-
51 trict that said transfer or conveyance be made. Prior to any transfer or
52 conveyance of any real or personal property pursuant to this paragraph
53 4.(b), the board shall have the property appraised by an appraiser certi-
54 fied in the state of Idaho, which appraisal shall be entered in the
55 records of the board of trustees, and shall be used to establish the value
3
1 of the real or personal property.
2 5. To enter into contracts with any city located within the boundaries of
3 the school district for the joint purchase, construction, development, mainte-
4 nance and equipping of playgrounds, ball parks, swimming pools, and other rec-
5 reational facilities upon property owned either by the school district or the
6 city.
7 6. To convey rights-of-way and easements for highway, public utility, and
8 other purposes over, upon or across any school property and, when necessary to
9 the use of such property for any such purpose, to authorize the removal of
10 school buildings to such new location, or locations, as shall be determined by
11 the board of trustees, and such removal shall be made at no cost or expense to
12 the school district.
13 7. To authorize the use of any school building of the district as a com-
14 munity center, or for any public purpose, and to establish a policy of
15 charges, if any, to be made for such use.
16 8. To exercise the right of eminent domain under the provisions of chap-
17 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec-
18 tion 7-701, Idaho Code.
19 9. If there is a great public calamity, such as an extraordinary fire,
20 flood, storm, epidemic, or other disaster, or if it is necessary to do emer-
21 gency work to prepare for national or local defense, or it is necessary to do
22 emergency work to safeguard life, health or property, the board of trustees
23 may pass a resolution declaring that the public interest and necessity demand
24 the immediate expenditure of public money to safeguard life, health or prop-
25 erty. Upon adoption of the resolution, the board may expend any sum required
26 in the emergency without compliance with this section.
STATEMENT OF PURPOSE
RS 15783
The purpose of this legislation is to authorize school
district staff to dispose of real property with a value of $500
or less without a vote of the school district board.
FISCAL NOTE
There is no fiscal impact on the general fund.
Contact
Name: Cliff Green, Idaho School Boards Association
Phone: 854-1476
STATEMENT OF PURPOSE/FISCAL NOTE H 624