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S1111..........................................................by EDUCATION SCHOOL DISTRICTS - PROPERTY - Amends existing law to expand certain authority of the board of trustees of a school district to sell or otherwise dispose of property owned by the school district. 02/12 Senate intro - 1st rdg - to printing 02/13 Rpt prt - to Educ 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 33-2-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams, NAYS -- Schroeder, Whitworth Absent and excused -- None Floor Sponsor -- Keough Title apvd - to House 03/09 House intro - 1st rdg - to Educ 03/15 Rpt out - rec d/p - to 2nd rdg 03/16 2nd rdg - to 3rd rdg 03/19 3rd rdg - PASSED - 67-0-3 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Sellman, Shepherd, Smith, Smylie, Stone, Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- None Absent and excused -- Bruneel, Schaefer, Stevenson Floor Sponsor -- Young Title apvd - to Senate 03/20 To enrol 03/21 Rpt enrol - Pres signed Sp signed 03/22 To Governor 03/26 Governor signed Session Law Chapter 191 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1111 BY EDUCATION COMMITTEE 1 AN ACT 2 RELATING TO THE POWERS AND DUTIES OF THE BOARD OF TRUSTEES OF A SCHOOL DIS- 3 TRICT; AMENDING SECTION 33-601, IDAHO CODE, TO PROVIDE CONDITIONS GOVERN- 4 ING THE SALE OR OTHER DISPOSAL OF PROPERTY OWNED BY THE SCHOOL DISTRICT. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 33-601, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF 9 SAME. The board of trustees of each school district shall have the following 10 powers and duties: 11 1. To rent to or from others, school buildings or other property used, or 12 to be used, for school purposes. 13 2. To contract for the construction, repair, or improvement of any real 14 property, or the acquisition, purchase or repair of any equipment, or other 15 personal property necessary for the operation of the school district. 16 Except for the purchase of curricular materials as defined in section 17 33-118A, Idaho Code, no such contract shall be executed which entails the 18 expenditure of fifteen thousand dollars ($15,000) or more without notice first 19 being given by publishing twice in the manner required by subsections g. and 20 h. of section 33-402, Idaho Code, unless in cooperation with the division of 21 purchasing or cooperative agency established pursuant to chapter 23, title 67, 22 and/or sections 33-315 through 33-318, Idaho Code. The board of trustees may 23 let the contract to the lowest responsible bidder, or reject any bid, or 24 reject all bids and publish notice for bids, as before. If, thereafter, no 25 satisfactory bid is received, the board may proceed under its own direction, 26 subject to the approval of the state board of education. 27 3. To designate and purchase any real property necessary for school pur- 28 poses or in the operation of the district, or remove any building, or dispose 29 of any real property. Prior to, but not more than one (1) year prior to, any 30 purchase or disposal of real property, the board shall have such property 31 appraised by an appraiser certified in the state of Idaho, which appraisal 32 shall be entered in the records of the board of trustees, and shall be used to 33 establish the value of the real property. The board of trustees shall deter- 34 mine the size of the site necessary for school purposes. The site shall be 35 located within the incorporated limits of any city within the district; pro- 36 vided, however, that if the board finds that it is not in the best interests 37 of the electors and the students of the district to locate the site within the 38 incorporated limits of a city, the board, by duly adopted resolution setting 39 forth the reasons for its finding, may designate a site located elsewhere 40 within the district. In elementary school districts, except upon removal for 41 highway purposes, a site may be designated or changed only after approval of 42 two-thirds (2/3) or more of the electors voting at the annual meeting. 43 4. (a) To convey, except as provided by paragraph (b) of this subsection, 2 1 by deed, bill of sale, or other appropriate instrument, all of the estate 2 and interest of the district in any property, real or personal. In elemen- 3 tary school districts, except such conveyance as is authorized by subsec- 4 tion 6. of this section, any of the transactions authorized in this sub- 5 section shall be subject to the approval of two-thirds (2/3) or more of 6 the electors voting at the annual meeting. 7 Prior to such sale or conveyance, the board shall have the property 8 appraised pursuant to this section, which appraisal shall be entered in 9 the records of the board of trustees. The property may be sold at public 10 auction or by sealed bids, as the board of trustees shall determine, to 11 the highest bidder. Such property may be sold for cash or for such terms 12 and conditions as the board of trustees shall determine for a period not 13 exceeding ten (10) years, with the annual rate of interest on all deferred 14 payments not less than seven percent (7%) per annum. The title to all 15 property sold on contract shall be retained in the name of the school dis- 16 trict until full payment has been made by the purchaser, and title to all 17 property sold under a note and mortgage or deed of trust shall be trans- 18 ferred to the purchaser at the point of sale under the terms and condi- 19 tions of the mortgage or deed of trust as the board of trustees shall 20 determine. Notice of the time and the conditions of such sale shall be 21 published twice, and proof thereof made, in accordance with subsections g. 22 and h. of section 33-402, Idaho Code, except that when the appraised value 23 of the property is less thanfive hundredone thousand dollars ($51,000), 24 one (1) single notice by publication shall be sufficient and the property 25 shall be sold by sealed bids or at public auction. 26 The board of trustees may accept the highest bid, may reject any bid, 27 or reject all bids. If the real property was donated to the school dis- 28 trict the board may, within a period of one (1) year from the time of the 29 appraisal, sell the property without additional advertising or bidding. 30 Otherwise, the board of trustees must have new appraisals made and again 31 publish notice for bids, as before. If, thereafter, no satisfactory bid is 32 made and received, the board may proceed under its own direction to sell 33 and convey the property. In no case shall any real property of the school 34 district be sold for less than its appraisal. 35 The board of trustees may sell personal property, with an estimated 36 value of less thanfive hundredone thousand dollars ($51,000), without 37 appraisal, by sealed bid or at public auction, provided that there has 38 been not less than one (1) published advertisement prior to the sale of 39 said property. If the board, by a unanimous vote of those members present, 40 finds that the property has an estimated value of less than five hundred 41 dollars ($500) and is of insufficient value to defray the costs of arrang- 42 ing a sale, the property may be disposed of in the most cost-effective 43 and expedient manner by an employee of the district empowered for that 44 purpose by the board. 45 (b) Real and personal property may be exchanged hereunder for other prop- 46 erty. Provided, however, that aside from the provisions of this paragraph, 47 any school district may by a vote of one-half (1/2) plus one (1) of the 48 members of the full board of trustees, by resolution duly adopted, autho- 49 rize the transfer or conveyance of any real or personal property owned by 50 such school district to the government of the United States, any city, 51 county, the state of Idaho, any hospital district organized under chapter 52 13, title 39, Idaho Code, any other school district, any library district, 53 any community college district, or any recreation district, with or with- 54 out any consideration accruing to the school district, when in the judg- 55 ment of the board of trustees it is for the interest of such school dis- 3 1 trict that said transfer or conveyance be made. Prior to any transfer or 2 conveyance of any real or personal property pursuant to this paragraph 3 4.(b), the board shall have the property appraised by an appraiser certi- 4 fied in the state of Idaho, which appraisal shall be entered in the 5 records of the board of trustees, and shall be used to establish the value 6 of the real or personal property. 7 5. To enter into contracts with any city located within the boundaries of 8 the school district for the joint purchase, construction, development, mainte- 9 nance and equipping of playgrounds, ball parks, swimming pools, and other rec- 10 reational facilities upon property owned either by the school district or the 11 city. 12 6. To convey rights-of-way and easements for highway, public utility, and 13 other purposes over, upon or across any school property and, when necessary to 14 the use of such property for any such purpose, to authorize the removal of 15 school buildings to such new location, or locations, as shall be determined by 16 the board of trustees, and such removal shall be made at no cost or expense to 17 the school district. 18 7. To authorize the use of any school building of the district as a com- 19 munity center, or for any public purpose, and to establish a policy of 20 charges, if any, to be made for such use. 21 8. To exercise the right of eminent domain under the provisions of chap- 22 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec- 23 tion 7-701, Idaho Code. 24 9. If there is a great public calamity, such as an extraordinary fire, 25 flood, storm, epidemic, or other disaster, or if it is necessary to do emer- 26 gency work to prepare for national or local defense, or it is necessary to do 27 emergency work to safeguard life, health or property, the board of trustees 28 may pass a resolution declaring that the public interest and necessity demand 29 the immediate expenditure of public money to safeguard life, health or prop- 30 erty. Upon adoption of the resolution, the board may expend any sum required 31 in the emergency without compliance with this section.
STATEMENT OF PURPOSE RS 10744 It is the purpose of this legislation to allow school boards more flexibility in selling or disposing of unneeded, outdated and obsolete personal property. It recognizes that although donations of things such as personal computers are appreciated, they often times cannot be utilized. This means that some school districts have accumulated rooms or warehouses full of stuff that they can not get rid of, costs money and loss of space to store, and is of no value to sell, resulting in more costs in appraisal, auction and publication costs. FISCAL IMPACT There would be a potential savings to school districts and their patrons realized by not having to incur costs of arranging sales for things that have no market. Contact Name: Sen. Shawn Keough Phone: 332 1405 STATEMENT OF PURPOSE/FISCAL NOTE S 111