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H0270..........................................................by EDUCATION
SCHOOL BOARDS - BIDS - Amends existing law to increase the minimum
expenditure for which the board of trustees of a school district must
advertise for bids; and to permit the board of school trustees to proceed
under its own direction under certain conditions.
02/17 House intro - 1st rdg - to printing
02/18 Rpt prt - to Educ
02/28 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 63-2-5
AYES -- Andersen, Barraclough, Bauer, Bedke, Bell, Bieter, Black,
Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
Field(18), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell,
Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts,
Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Tilman, Trail,
Wills, Mr. Speaker
NAYS -- Kulczyk, Langford
Absent and excused -- Barrett, Cuddy, Field(23), Lake, Wood
Floor Sponsor - Eberle
Title apvd - to Senate
03/05 Senate intro - 1st rdg - to Educ
03/27 Rpt out - rec d/p - to 2nd rdg
03/28 2nd rdg - to 3rd rdg
04/01 3rd rdg - PASSED - 32-3-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett(Roberts),
Burtenshaw, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble, Noh, Pearce, Richardson, Schroeder,
Sorensen, Stegner, Sweet, Werk, Williams
NAYS -- Calabretta, Keough, Stennett
Absent and excused -- None
Floor Sponsor - Andreason
Title apvd - to House
04/02 To enrol
04/03 Rpt enrol - Sp signed
04/04 Pres signed
04/07 To Governor
04/08 Governor signed
Session Law Chapter 264
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 270
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PURCHASE OF PROPERTY BY THE SCHOOL DISTRICT BOARD OF TRUSTEES;
3 AMENDING SECTION 33-601, IDAHO CODE, TO INCREASE THE MINIMUM EXPENDITURE
4 FOR WHICH THE BOARD MUST ADVERTISE FOR BIDS AND PERMIT THE SCHOOL TRUSTEES
5 TO PROCEED UNDER ITS OWN DIRECTION IN THE CONDITION SPECIFIED.
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, no such contract shall be executed which entails the
19 expenditure of fifteen twenty-five thousand dollars ($125,000) or more without
20 notice first being given by publishing twice in the manner required by subsec-
21 tions g. and h. of section 33-402, Idaho Code, unless in cooperation with the
22 division of purchasing or cooperative agency established pursuant to chapter
23 23, title 67, and/or sections 33-315 through 33-318, Idaho Code. The board of
24 trustees may let the contract to the lowest responsible bidder, or reject any
25 bid, or reject all bids and publish notice for bids, as before. If, thereaf-
26 ter, no satisfactory bid is received, the board may proceed under its own
27 direction, subject to the approval of the state board of education.
28 3. To designate and purchase any real property necessary for school pur-
29 poses or in the operation of the district, or remove any building, or dispose
30 of any real property. Prior to, but not more than one (1) year prior to, any
31 purchase or disposal of real property, the board shall have such property
32 appraised by an appraiser certified in the state of Idaho, which appraisal
33 shall be entered in the records of the board of trustees, and shall be used to
34 establish the value of the real property. The board of trustees shall deter-
35 mine the size of the site necessary for school purposes. The site shall be
36 located within the incorporated limits of any city within the district; pro-
37 vided, however, that if the board finds that it is not in the best interests
38 of the electors and the students of the district to locate the site within the
39 incorporated limits of a city, the board, by duly adopted resolution setting
40 forth the reasons for its finding, may designate a site located elsewhere
41 within the district. In elementary school districts, except upon removal for
42 highway purposes, a site may be designated or changed only after approval of
43 two-thirds (2/3) or more of the electors voting at the annual meeting.
2
1 4. (a) To convey, except as provided by paragraph (b) of this subsection,
2 by deed, bill of sale, or other appropriate instrument, all of the estate
3 and interest of the district in any property, real or personal. In elemen-
4 tary school districts, except such conveyance as is authorized by subsec-
5 tion 6. of this section, any of the transactions authorized in this sub-
6 section shall be subject to the approval of two-thirds (2/3) or more of
7 the electors voting at the annual meeting.
8 Prior to such sale or conveyance, the board shall have the property
9 appraised pursuant to this section, which appraisal shall be entered in
10 the records of the board of trustees. The property may be sold at public
11 auction or by sealed bids, as the board of trustees shall determine, to
12 the highest bidder. Such property may be sold for cash or for such terms
13 and conditions as the board of trustees shall determine for a period not
14 exceeding ten (10) years, with the annual rate of interest on all deferred
15 payments not less than seven percent (7%) per annum. The title to all
16 property sold on contract shall be retained in the name of the school dis-
17 trict until full payment has been made by the purchaser, and title to all
18 property sold under a note and mortgage or deed of trust shall be trans-
19 ferred to the purchaser at the point of sale under the terms and condi-
20 tions of the mortgage or deed of trust as the board of trustees shall
21 determine. Notice of the time and the conditions of such sale shall be
22 published twice, and proof thereof made, in accordance with subsections g.
23 and h. of section 33-402, Idaho Code, except that when the appraised value
24 of the property is less than one thousand dollars ($1,000), one (1) single
25 notice by publication shall be sufficient and the property shall be sold
26 by sealed bids or at public auction.
27 The board of trustees may accept the highest bid, may reject any bid,
28 or reject all bids. If the real property was donated to the school dis-
29 trict the board may, within a period of one (1) year from the time of the
30 appraisal, sell the property without additional advertising or bidding.
31 Otherwise, the board of trustees must have new appraisals made and again
32 publish notice for bids, as before. If, thereafter, no satisfactory bid is
33 made and received, the board may proceed under its own direction to sell
34 and convey the property. In no case shall any real property of the school
35 district be sold for less than its appraisal.
36 The board of trustees may sell personal property, with an estimated
37 value of less than one thousand dollars ($1,000), without appraisal, by
38 sealed bid or at public auction, provided that there has been not less
39 than one (1) published advertisement prior to the sale of said property.
40 If the board, by a unanimous vote of those members present, finds that the
41 property has an estimated value of less than five hundred dollars ($500)
42 and is of insufficient value to defray the costs of arranging a sale, the
43 property may be disposed of in the most cost-effective and expedient man-
44 ner by an employee of the district empowered for that purpose by the
45 board.
46 (b) Real and personal property may be exchanged hereunder for other prop-
47 erty. Provided, however, that aside from the provisions of this paragraph,
48 any school district may by a vote of one-half (1/2) plus one (1) of the
49 members of the full board of trustees, by resolution duly adopted, autho-
50 rize the transfer or conveyance of any real or personal property owned by
51 such school district to the government of the United States, any city,
52 county, the state of Idaho, any hospital district organized under chapter
53 13, title 39, Idaho Code, any other school district, any library district,
54 any community college district, or any recreation district, with or with-
55 out any consideration accruing to the school district, when in the judg-
3
1 ment of the board of trustees it is for the interest of such school dis-
2 trict that said transfer or conveyance be made. Prior to any transfer or
3 conveyance of any real or personal property pursuant to this paragraph
4 4.(b), the board shall have the property appraised by an appraiser certi-
5 fied in the state of Idaho, which appraisal shall be entered in the
6 records of the board of trustees, and shall be used to establish the value
7 of the real or personal property.
8 5. To enter into contracts with any city located within the boundaries of
9 the school district for the joint purchase, construction, development, mainte-
10 nance and equipping of playgrounds, ball parks, swimming pools, and other rec-
11 reational facilities upon property owned either by the school district or the
12 city.
13 6. To convey rights-of-way and easements for highway, public utility, and
14 other purposes over, upon or across any school property and, when necessary to
15 the use of such property for any such purpose, to authorize the removal of
16 school buildings to such new location, or locations, as shall be determined by
17 the board of trustees, and such removal shall be made at no cost or expense to
18 the school district.
19 7. To authorize the use of any school building of the district as a com-
20 munity center, or for any public purpose, and to establish a policy of
21 charges, if any, to be made for such use.
22 8. To exercise the right of eminent domain under the provisions of chap-
23 ter 7, title 7, Idaho Code, for any of the uses and purposes provided in sec-
24 tion 7-701, Idaho Code.
25 9. If there is a great public calamity, such as an extraordinary fire,
26 flood, storm, epidemic, or other disaster, or if it is necessary to do emer-
27 gency work to prepare for national or local defense, or it is necessary to do
28 emergency work to safeguard life, health or property, the board of trustees
29 may pass a resolution declaring that the public interest and necessity demand
30 the immediate expenditure of public money to safeguard life, health or prop-
31 erty. Upon adoption of the resolution, the board may expend any sum required
32 in the emergency without compliance with this section.
STATEMENT OF PURPOSE
RS 12884
The purpose of this bill is to amend the section of the Idaho
Code that relates to the purchase of property by the school
district board of trustees. The law as amended in 1992 sets a
limit of $15,000 that the board of trustees can spend without
going out to bid. This amendment is an inflationary increase to
$25,000, and eliminates the requirement that such expenditure is
not subject to prior approval by the State Board of Education.
FISCAL IMPACT
No fiscal impact.
Contact
Name: Representative Charles Eberle
Phone: 322-1000
Name: Dr. Cliff Green, Idaho School Boards Association
Phone: 208-854-1476
STATEMENT OF PURPOSE/FISCAL NOTE H 27