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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 - 2001
IN 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 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-
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