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H0675aa........................................................by EDUCATION
SCHOOL DISTRICTS - Amends existing law to provide for the appraisal of real
property prior to its purchase or disposal by a school district in order to
establish its value; and to require appraisal of any real or personal
property which is to be conveyed pursuant to a resolution of the board of
trustees of a school district in order to establish the value of the
property.
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to Educ
03/07 Rpt out - to Gen Ord
03/09 Rpt out amen - to engros
03/10 Rpt engros - 1st rdg - to 2nd rdg as amen
03/13 2nd rdg - to 3rd rdg as amen
03/14 3rd rdg as amen - PASSED - 61-1-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Judd,
Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader,
Marley, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Robison, Sali, Schaefer, Sellman, Shepherd,
Smylie, Stevenson, Stoicheff, Taylor, Tilman, Trail, Wheeler, Wood,
Zimmermann
NAYS -- Cheirrett
Absent and excused -- Campbell, Jones, McKague, Mortensen, Ringo,
Smith, Stone, Mr Speaker
Floor Sponsor - Tilman
Title apvd - to Senate
03/15 Senate intro - 1st rdg as amen - to Educ
03/21 Rpt out - rec d/p - to 2nd rdg as amen
03/22 2nd rdg - to 3rd rdg as amen
04/03 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Deide
Title apvd - to House
04/04 To enrol - rpt enrol - Sp signed
04/05 Pres signed - to Governor
04/14 Governor signed
Session Law Chapter 345
Effective: 07/01/00
H0675
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 675, As Amended
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL PROPERTY; AMENDING SECTION 33-601, IDAHO CODE, TO REQUIRE
3 APPRAISAL OF REAL PROPERTY PRIOR TO ITS PURCHASE OR DISPOSAL BY THE DIS-
4 TRICT IN ORDER TO ESTABLISH ITS VALUE, AND TO REQUIRE APPRAISAL OF ANY
5 REAL OR PERSONAL PROPERTY WHICH IS TO BE CONVEYED PURSUANT TO A RESOLUTION
6 OF THE BOARD OF TRUSTEES IN ORDER TO ESTABLISH THE VALUE OF THE PROPERTY
7 AND TO MAKE TECHNICAL CORRECTIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 33-601, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF
12 SAME. The board of trustees of each school district shall have the following
13 powers and duties:
14 1. To rent to or from others, school buildings or other property used, or
15 to be used, for school purposes.
16 2. To contract for the construction, repair, or improvement of any real
17 property, or the acquisition, purchase or repair of any equipment, or other
18 personal property necessary for the operation of the school district.
19 Except for the purchase of curricular materials as defined in section
20 33-118A, Idaho Code, no such contract shall be executed which entails the
21 expenditure of fifteen thousand dollars ($15,000) or more without notice first
22 being given by publishing twice in the manner required by subsections g. and
23 h. of section 33-402, Idaho Code, unless in cooperation with the division of
24 purchasing or cooperative agency established pursuant to chapter 23, title 67,
25 and/or sections 33-315 through 33-318, Idaho Code. The board of trustees may
26 let the contract to the lowest responsible bidder, or reject any bid, or
27 reject all bids and publish notice for bids, as before. If, thereafter, no
28 satisfactory bid is received, the board may proceed under its own direction,
29 subject to the approval of the state board of education.
30 3. To designate and purchase any real property necessary for school pur-
31 poses or in the operation of the district, the provisions of subsection 2. of
32 this section notwithstanding, or remove any building, or dispose of any real
33 property. Prior to, but not more than one (1) year prior to, any purchase or
34 disposal of real property, the board shall have such property appraised by an
35 appraiser certified in the state of Idaho, which appraisal shall be entered in
36 the records of the board of trustees, and shall be used to establish the value
37 of the real property. The board of trustees shall determine the size of the
38 site necessary for school purposes. The site shall be located within the
39 incorporated limits of any city within the district; provided, however, that
40 if the board finds that it is not in the best interests of the electors and
41 the students of the district to locate the site within the incorporated limits
42 of a city, the board, by duly adopted resolution setting forth the reasons for
43 its finding, may designate a site located elsewhere within the district. In
2
1 elementary school districts, except upon removal for highway purposes, a site
2 may be designated or changed only after approval of two-thirds (2/3) or more
3 of the electors voting at the annual meeting.
4 4. (a) To convey, except as provided by paragraph (b) of this subsection,
5 by deed, bill of sale, or other appropriate instrument, all of the estate
6 and interest of the district in any property, real or personal. In elemen-
7 tary school districts, except such conveyance as is authorized by subsec-
8 tion 6. of this section, any of the transactions authorized in this sub-
9 section shall be subject to the approval of two-thirds (2/3) or more of
10 the electors voting at the annual meeting.
11 Prior to such sale or conveyance, the board shall have the property
12 appraised by three (3) disinterested residents of the district pursuant to
13 this section, which appraisal shall be entered in the records of the board
14 of trustees. The property may be sold at public auction or by sealed bids,
15 as the board of trustees shall determine, to the highest bidder. Such
16 property may be sold for cash or for such terms and conditions as the
17 board of trustees shall determine for a period not exceeding ten (10)
18 years, with the annual rate of interest on all deferred payments not less
19 than seven percent (7%) per annum. The title to all property sold on con-
20 tract shall be retained in the name of the school district until full pay-
21 ment has been made by the purchaser, and title to all property sold under
22 a note and mortgage or deed of trust shall be transferred to the purchaser
23 at the point of sale under the terms and conditions of the mortgage or
24 deed of trust as the board of trustees shall determine. Notice of the time
25 and the conditions of such sale shall be published twice, and proof
26 thereof made, in accordance with subsections g. and h. of section 33-402,
27 Idaho Code, except that when the appraised value of the property is less
28 than five hundred dollars ($500), one (1) single notice by publication
29 shall be sufficient and the property shall be sold by sealed bids.
30 The board of trustees may accept the highest bid, may reject any bid,
31 or reject all bids. If the real property was donated to the school dis-
32 trict the board may, within a period of one (1) year from the time of the
33 appraisal, sell the property without additional advertising or bidding.
34 Otherwise, the board of trustees must have new appraisals made and again
35 publish notice for bids, as before. If, thereafter, no satisfactory bid is
36 made and received, the board may proceed under its own direction to sell
37 and convey the property. In no case shall any real property of the school
38 district be sold for less than its appraisal.
39 The board of trustees may sell personal property, with an estimated
40 value of less than five hundred dollars ($500), without appraisal, by
41 sealed bid or at public auction, provided that there has been not less
42 than one (1) published advertisement prior to the sale of said property.
43 (b) Real and personal property may be exchanged hereunder for other prop-
44 erty. if the consideration received by said school district shall be
45 deemed adequate by the board of trustees, pProvided, however, that aside
46 from the provisions of this paragraph, hereof, any school district may by
47 a vote of one-half (1/2) plus one (1) of the members of the full board of
48 trustees, by resolution duly adopted, authorize the transfer or conveyance
49 of any real or personal property owned by such school district to the gov-
50 ernment of the United States, any city, county, the state of Idaho, any
51 hospital district organized under chapter 13, title 39, Idaho Code, any
52 other school district, any library district, any community college dis-
53 trict, or any recreation district, with or without any consideration
54 accruing to the school district, when in the judgment of the board of
55 trustees it is for the interest of such school district that said transfer
3
1 or conveyance be made. Prior to any transfer or conveyance of any real or
2 personal property pursuant to this paragraph 4.(b), the board shall have
3 the property appraised by an appraiser certified in the state of Idaho,
4 which appraisal shall be entered in the records of the board of trustees,
5 and shall be used to establish the value of the real or personal property.
6 5. To enter into contracts with any city located within the boundaries of
7 the school district for the joint purchase, construction, development, mainte-
8 nance and equipping of playgrounds, ball parks, swimming pools, and other rec-
9 reational facilities upon property owned either by the school district or the
10 city.
11 6. To convey rights-of-way and easements for highway, public utility, and
12 other purposes over, upon or across any school property and, when necessary to
13 the use of such property for any such purpose, to authorize the removal of
14 school buildings to such new location, or locations, as shall be determined by
15 the board of trustees, and such removal shall be made at no cost or expense to
16 the school district.
17 7. To authorize the use of any school building of the district as a com-
18 munity center, or for any public purpose, and to establish a policy of
19 charges, if any, to be made for such use.
20 8. To exercise the right of eminent domain under the provisions of chap-
21 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec-
22 tion 7-701, Idaho Code.
23 9. If there is a great public calamity, such as an extraordinary fire,
24 flood, storm, epidemic, or other disaster, or if it is necessary to do emer-
25 gency work to prepare for national or local defense, or it is necessary to do
26 emergency work to safeguard life, health or property, the board of trustees
27 may pass a resolution declaring that the public interest and necessity demand
28 the immediate expenditure of public money to safeguard life, health or prop-
29 erty. Upon adoption of the resolution, the board may expend any sum required
30 in the emergency without compliance with this section.
AH0675
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Smith
Seconded by Hadley
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 675
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 35, delete "three (3) disinter-
3 ested residents of the district" and insert: "an appraiser certified in the
4 state of Idaho".
5 On page 2, delete line 12, and insert: "appraised by three (3) disinter-
6 ested residents of the district pursuant to this section, which".
7 On page 3, in line 3, following "by" delete the remainder of the line, and
8 in line 4, delete "trict" and insert: "an appraiser certified in the state of
9 Idaho".
STATEMENT OF PURPOSE
RS 09557C1
The purpose of this legislation is to require appraisal of real property prior to its
purchase or disposal by the District in order to establish its value, and to require
appraisal of any real or personal property which is to be conveyed pursuant to a
resolution of the Board of Trustees in order to establish the value of the property
and to make technical corrections. Amends Section 33-601, Idaho Code.
FISCAL IMPACT
No fiscal impact.
Contact:
Name: Rep. Fred Tilman
Phone: 208/332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE H
675