2001 Legislation
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SENATE BILL NO. 1111 – School dist, property, sale


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Daily Data Tracking History

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

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                       IN THE SENATE
                                    SENATE BILL NO. 1111
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  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:
  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,
  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 than five hundred one 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  than five hundred one 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-
  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 / Fiscal Impact

                       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

                          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.

        Name:  Sen. Shawn Keough
        Phone: 332 1405