2003 Legislation
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HOUSE BILL NO. 270 – School bd, bids required, when


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Daily Data Tracking History

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

Bill Text

  ||||              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
  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:
 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.
  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-
  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 / Fiscal Impact

                       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.

Name: Representative Charles Eberle
Phone: 322-1000
Name: Dr. Cliff Green, Idaho School Boards Association
Phone: 208-854-1476