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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
]]]] 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 2 RELATING TO SCHOOL PROPERTY; AMENDING SECTION 33-601, IDAHO CODE, TO PROVIDE 3 THAT CERTAIN CONTRACTS SHALL NOT BE EXECUTED UNLESS IN COOPERATION WITH A 4 COOPERATIVE AGENCY OR THROUGH A CONTRACT THAT HAS BEEN COMPETITIVELY BID 5 BY THE STATE OF IDAHO, ONE OF ITS SUBDIVISIONS, OR AN AGENCY OF THE FED- 6 ERAL GOVERNMENT. 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: 10 33-601. REAL AND PERSONAL PROPERTY -- ACQUISITION, USE OR DISPOSAL OF 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 division23 of purchasing ora 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 2 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, 3 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 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 "legal." FISCAL IMPACT None Contact Name: Senator John Goedde Phone: 332 1000 STATEMENT OF PURPOSE/FISCAL NOTE S 1345