2006 Legislation
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HOUSE BILL NO. 624 – School property, disposal, when

HOUSE BILL NO. 624

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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.

Amendment


                                                                        
                                                                        
  ]]]]              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact



                       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