2004 Legislation
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SENATE BILL NO. 1345 – School dist, purchasing


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Bill Status

S1345..........................................................by EDUCATION
SCHOOL DISTRICTS - Amends existing law relating to school property to
provide that certain contracts shall not be executed unless in cooperation
with a cooperative agency or through a contract that has been competitively
bid by the state of Idaho, one of its subdivisions, or an agency of the
federal government.
02/16    Senate intro - 1st rdg - to printing
02/17    Rpt prt - to Educ
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton(Duncan), Darrington, Davis, Gannon,
      Geddes, Goedde, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      McKenzie, McWilliams, Noble(Anderson), Noh, Pearce, Richardson,
      Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Hill, Marley
    Floor Sponsor - Goedde
    Title apvd - to House
03/02    House intro - 1st rdg - to Educ
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 66-0-4
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Black,
      Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow,
      Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Lake, Langford, Langhorst, Martinez, McGeachin,
      McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Rydalch,
      Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
      Smith(24), Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
      NAYS -- None
      Absent and excused -- Bauer, Kulczyk, Robison, Smylie
    Floor Sponsor - Trail
    Title apvd - to Senate
03/12    To enrol
03/15    Rpt enrol - Pres signed
03/16    Sp signed
03/17    To Governor
03/23    Governor signed
         Session Law Chapter 219
         Effective: 07/01/04

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                       IN THE SENATE
                                    SENATE BILL NO. 1345
                                   BY EDUCATION COMMITTEE
  1                                        AN ACT
  7    Be It Enacted by the Legislature of the State of Idaho:
  8        SECTION 1.  That Section 33-601, Idaho Code, be, and the  same  is  hereby
  9    amended to read as follows:
 11    SAME. The board of trustees of each school district shall have  the  following
 12    powers and duties:
 13        1.  To rent to or from others, school buildings or other property used, or
 14    to be used, for school purposes.
 15        2.  To  contract  for the construction, repair, or improvement of any real
 16    property, or the acquisition, purchase or repair of any  equipment,  or  other
 17    personal property necessary for the operation of the school district.
 18        Except  for  the  purchase  of  curricular materials as defined in section
 19    33-118A, Idaho Code, no such contract shall  be  executed  which  entails  the
 20    expenditure  of  twenty-five thousand dollars ($25,000) or more without notice
 21    first being given by publishing twice in the manner required by subsections g.
 22    and h. of section 33-402, Idaho Code, unless in cooperation with the  division
 23    of  purchasing  or  a  cooperative  agency established pursuant to chapter 23,
 24    title 67, and/or sections 33-315 through 33-318, Idaho Code, or through a con-
 25    tract that has been competitively bid by the state of Idaho, one  (1)  of  its
 26    subdivisions,  or  an  agency of the federal government. The board of trustees
 27    may let the contract to the lowest responsible bidder, or reject any  bid,  or
 28    reject  all  bids  and  publish notice for bids, as before. If, thereafter, no
 29    satisfactory bid is received, the board may proceed under its own direction.
 30        3.  To designate and purchase any real property necessary for school  pur-
 31    poses  or in the operation of the district, or remove any building, or dispose
 32    of any real property. Prior to, but not more than one (1) year prior  to,  any
 33    purchase  or  disposal  of  real  property, the board shall have such property
 34    appraised by an appraiser certified in the state  of  Idaho,  which  appraisal
 35    shall be entered in the records of the board of trustees, and shall be used to
 36    establish  the  value of the real property. The board of trustees shall deter-
 37    mine the size of the site necessary for school purposes.  The  site  shall  be
 38    located  within  the incorporated limits of any city within the district; pro-
 39    vided, however, that if the board finds that it is not in the  best  interests
 40    of the electors and the students of the district to locate the site within the
 41    incorporated  limits  of a city, the board, by duly adopted resolution setting
 42    forth the reasons for its finding, may  designate  a  site  located  elsewhere
 43    within  the  district. In elementary school districts, except upon removal for
  1    highway purposes, a site may be designated or changed only after  approval  of
  2    two-thirds (2/3) or more of the electors voting at the annual meeting.
  3        4.  (a) To convey, except as provided by paragraph (b) of this subsection,
  4        by  deed, bill of sale, or other appropriate instrument, all of the estate
  5        and interest of the district in any property, real or personal. In elemen-
  6        tary school districts, except such conveyance as is authorized by  subsec-
  7        tion  6. of this section, any of the transactions authorized  in this sub-
  8        section shall be subject to the approval of two-thirds (2/3)  or  more  of
  9        the electors voting at the annual meeting.
 10             Prior  to  such sale or conveyance, the board shall have the property
 11        appraised pursuant to this section, which appraisal shall  be  entered  in
 12        the  records  of the board of trustees. The property may be sold at public
 13        auction or by sealed bids, as the board of trustees  shall  determine,  to
 14        the  highest  bidder. Such property may be sold for cash or for such terms
 15        and conditions as the board of trustees shall determine for a  period  not
 16        exceeding ten (10) years, with the annual rate of interest on all deferred
 17        payments  not  less  than  seven  percent (7%) per annum. The title to all
 18        property sold on contract shall be retained in the name of the school dis-
 19        trict until full payment has been made by the purchaser, and title to  all
 20        property  sold  under a note and mortgage or deed of trust shall be trans-
 21        ferred to the purchaser at the point of sale under the  terms  and  condi-
 22        tions  of  the  mortgage  or  deed of trust as the board of trustees shall
 23        determine. Notice of the time and the conditions of  such  sale  shall  be
 24        published twice, and proof thereof made, in accordance with subsections g.
 25        and h. of section 33-402, Idaho Code, except that when the appraised value
 26        of the property is less than one thousand dollars ($1,000), one (1) single
 27        notice  by  publication shall be sufficient and the property shall be sold
 28        by sealed bids or at public auction.
 29             The board of trustees may accept the highest bid, may reject any bid,
 30        or reject all bids. If the real property was donated to  the  school  dis-
 31        trict  the board may, within a period of one (1) year from the time of the
 32        appraisal, sell the property without additional  advertising  or  bidding.
 33        Otherwise,  the  board of trustees must have new appraisals made and again
 34        publish notice for bids, as before. If, thereafter, no satisfactory bid is
 35        made and received, the board may proceed under its own direction  to  sell
 36        and  convey the property. In no case shall any real property of the school
 37        district be sold for less than its appraisal.
 38             The board of trustees may sell personal property, with  an  estimated
 39        value  of  less  than one thousand dollars ($1,000), without appraisal, by
 40        sealed bid or at public auction, provided that there  has  been  not  less
 41        than  one  (1) published advertisement prior to the sale of said property.
 42        If the board, by a unanimous vote of those members present, finds that the
 43        property has an estimated value of less than five hundred  dollars  ($500)
 44        and is of insufficient value to defray the costs of arranging a sale,  the
 45        property  may be disposed of in the most cost-effective and expedient man-
 46        ner by an employee of the district  empowered  for  that  purpose  by  the
 47        board.
 48        (b)  Real and personal property may be exchanged hereunder for other prop-
 49        erty. Provided, however, that aside from the provisions of this paragraph,
 50        any  school  district  may by a vote of one-half (1/2) plus one (1) of the
 51        members of the full board of trustees, by resolution duly adopted,  autho-
 52        rize  the transfer or conveyance of any real or personal property owned by
 53        such school district to the government of the  United  States,  any  city,
 54        county,  the state of Idaho, any hospital district organized under chapter
 55        13, title 39, Idaho Code, any other school district, any library district,
  1        any community college district, or any recreation district, with or  with-
  2        out  any  consideration accruing to the school district, when in the judg-
  3        ment of the board of trustees it is for the interest of such  school  dis-
  4        trict  that  said transfer or conveyance be made. Prior to any transfer or
  5        conveyance of any real or personal property  pursuant  to  this  paragraph
  6        4.(b),  the board shall have the property appraised by an appraiser certi-
  7        fied in the state of Idaho, which appraisal    shall  be  entered  in  the
  8        records of the board of trustees, and shall be used to establish the value
  9        of the real or personal property.
 10        5.  To enter into contracts with any city located within the boundaries of
 11    the school district for the joint purchase, construction, development, mainte-
 12    nance and equipping of playgrounds, ball parks, swimming pools, and other rec-
 13    reational  facilities upon property owned either by the school district or the
 14    city.
 15        6.  To convey rights-of-way and easements for highway, public utility, and
 16    other purposes over, upon or across any school property and, when necessary to
 17    the use of such property for any such purpose, to  authorize  the  removal  of
 18    school buildings to such new location, or locations, as shall be determined by
 19    the board of trustees, and such removal shall be made at no cost or expense to
 20    the school district.
 21        7.  To  authorize the use of any school building of the district as a com-
 22    munity center, or for any  public  purpose,  and  to  establish  a  policy  of
 23    charges, if any, to be made for such use.
 24        8.  To  exercise the right of eminent domain under the provisions of chap-
 25    ter 7, title 7, Idaho Code, for any of the uses and purposes provided in  sec-
 26    tion 7-701, Idaho Code.
 27        9.  If  there  is  a great public calamity, such as an extraordinary fire,
 28    flood, storm, epidemic, or other disaster, or if it is necessary to  do  emer-
 29    gency  work to prepare for national or local defense, or it is necessary to do
 30    emergency work to safeguard life, health or property, the  board  of  trustees
 31    may  pass a resolution declaring that the public interest and necessity demand
 32    the immediate expenditure of public money to safeguard life, health  or  prop-
 33    erty.  Upon  adoption of the resolution, the board may expend any sum required
 34    in the emergency without compliance with this section.

Statement of Purpose / Fiscal Impact

                        STATEMENT OF PURPOSE

                              RS 14079

This change would conform school districts to the same status as
cities, counties, and highway district regarding State contracts.
Currently schools districts are supposed to enter into agreements
with the Department of Purchasing to utilize State contracts.
Other taxing districts have code that specifically authorizes them
to "piggyback" staee contracts. The recent OPE report mentions
this as a problem, and says only a portion of districts use state
contracts. This would eliminate the hurdle of having an agreement
in place. There are a number of districts that have been using
state contracts without agreements in place. This would make them

                            FISCAL IMPACT


Name:     Senator John Goedde
Phone: 332 1000

STATEMENT OF PURPOSE/FISCAL NOTE                       S 1345