Print Friendly SENATE BILL NO. 1405
– School dist property/charter school
SENATE BILL NO. 1405
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SCHOOL DISTRICTS - Amends existing law to provide for the transfer or
conveyance of any real or personal property owned by the school district to
any public charter school.
02/08 Senate intro - 1st rdg - to printing
02/11 Rpt prt - to Educ
02/15 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Lodge,
Malepeai(Sagness), McGee, McKague, McKenzie, Pearce, Richardson,
Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon, Little
Floor Sponsor - Burkett
Title apvd - to House
02/25 House intro - 1st rdg - to Educ
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 69-0-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(02), Shepherd(08), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- Bilbao
Floor Sponsor - Pasley-Stuart
Title apvd - to Senate
03/14 To enrol
03/17 Rpt enrol - Pres signed - Sp signed
03/18 To Governor
03/18 Governor signed
Session Law Chapter 191
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1405
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO SCHOOL DISTRICT REAL AND PERSONAL PROPERTY; AMENDING SECTION
3 33-601, IDAHO CODE, TO PROVIDE FOR THE TRANSFER OR CONVEYANCE OF ANY REAL
4 OR PERSONAL PROPERTY OWNED BY A SCHOOL DISTRICT TO ANY PUBLIC CHARTER
5 SCHOOL; AND DECLARING AN EMERGENCY.
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,
13 or 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, such contract shall be executed in accordance with the
19 provisions of chapter 28, title 67, Idaho Code.
20 (3 .) To designate and purchase any real property necessary for school
21 purposes or in the operation of the district, or remove any building, or dis-
22 pose of any real property. Prior to, but not more than one (1) year prior to,
23 any purchase or disposal of real property, the board shall have such property
24 appraised by an appraiser certified in the state of Idaho, which appraisal
25 shall be entered in the records of the board of trustees, and shall be used to
26 establish the value of the real property. The board of trustees shall deter-
27 mine the size of the site necessary for school purposes. The site shall be
28 located within the incorporated limits of any city within the district; pro-
29 vided, however, that if the board finds that it is not in the best interests
30 of the electors and the students of the district to locate the site within the
31 incorporated limits of a city, the board, by duly adopted resolution setting
32 forth the reasons for its finding, may designate a site located elsewhere
33 within the district. In elementary school districts, except upon removal for
34 highway purposes, a site may be designated or changed only after approval of
35 two-thirds (2/3) or more of the electors voting at the annual meeting.
36 (4 .) (a) To convey, except as provided by paragraph (b) of this subsec-
37 tion, by deed, bill of sale, or other appropriate instrument, all of the
38 estate and interest of the district in any property, real or personal. In
39 elementary school districts, except such conveyance as is authorized by
40 subsection (6 .) of this section, any of the transactions authorized in
41 this subsection shall be subject to the approval of two-thirds (2/3) or
42 more of the electors voting at the annual meeting.
43 Prior to such sale or conveyance, the board shall have the property
1 appraised pursuant to this section, which appraisal shall be entered in
2 the records of the board of trustees. The property may be sold at public
3 auction or by sealed bids, as the board of trustees shall determine, to
4 the highest bidder. Such property may be sold for cash or for such terms
5 and conditions as the board of trustees shall determine for a period not
6 exceeding ten (10) years, with the annual rate of interest on all deferred
7 payments not less than seven percent (7%) per annum. The title to all
8 property sold on contract shall be retained in the name of the school
9 district until full payment has been made by the purchaser, and title to
10 all property sold under a note and mortgage or deed of trust shall be
11 transferred to the purchaser at the point of sale under the terms and con-
12 ditions of the mortgage or deed of trust as the board of trustees shall
13 determine. Notice of the time and the conditions of such sale shall be
14 published twice, and proof thereof made, in accordance with subsections g.
15 and h. of section 33-402, Idaho Code, except that when the appraised value
16 of the property is less than one thousand dollars ($1,000), one (1) single
17 notice by publication shall be sufficient and the property shall be sold
18 by sealed bids or at public auction.
19 The board of trustees may accept the highest bid, may reject any bid,
20 or reject all bids. If the real property was donated to the school dis-
21 trict the board may, within a period of one (1) year from the time of the
22 appraisal, sell the property without additional advertising or bidding.
23 Otherwise, the board of trustees must have new appraisals made and again
24 publish notice for bids, as before. If, thereafter, no satisfactory bid is
25 made and received, the board may proceed under its own direction to sell
26 and convey the property. In no case shall any real property of the school
27 district be sold for less than its appraisal.
28 The board of trustees may sell personal property, with an estimated
29 value of less than one thousand dollars ($1,000), without appraisal, by
30 sealed bid or at public auction, provided that there has been not less
31 than one (1) published advertisement prior to the sale of said property.
32 If the property has an estimated value of less than five hundred dollars
33 ($500), the property may be disposed of in the most cost-effective and
34 expedient manner by an employee of the district empowered for that purpose
35 by the board, provided however, such employee shall notify the board prior
36 to disposal of said property.
37 (b) Real and personal property may be exchanged hereunder for other prop-
38 erty. Provided, however, that aside from the provisions of this paragraph,
39 any school district may by a vote of one-half (1/2) plus one (1) of the
40 members of the full board of trustees, by resolution duly adopted, author-
41 ize the transfer or conveyance of any real or personal property owned by
42 such school district to the government of the United States, any city,
43 county, the state of Idaho, any hospital district organized under chapter
44 13, title 39, Idaho Code, any other school district, any public charter
45 school, any library district, any community college district, or any rec-
46 reation district, with or without any consideration accruing to the school
47 district, when in the judgment of the board of trustees it is for the
48 interest of such school district that said transfer or conveyance be made.
49 Prior to any transfer or conveyance of any real or personal property pur-
50 suant to this paragraph (4 .)(b), the board shall have the property
51 appraised by an appraiser certified in the state of Idaho, which appraisal
52 shall be entered in the records of the board of trustees, and shall be
53 used to establish the value of the real or personal property.
54 (5 .) To enter into contracts with any city located within the boundaries
55 of the school district for the joint purchase, construction, development,
1 maintenance and equipping of playgrounds, ball parks, swimming pools, and
2 other recreational facilities upon property owned either by the school dis-
3 trict or the city.
4 (6 .) To convey rights-of-way and easements for highway, public utility,
5 and other purposes over, upon or across any school property and, when neces-
6 sary to the use of such property for any such purpose, to authorize the
7 removal of school buildings to such new location, or locations, as shall be
8 determined by the board of trustees, and such removal shall be made at no cost
9 or expense to the school district.
10 (7 .) To authorize the use of any school building of the district as a
11 community center, or for any public purpose, and to establish a policy of
12 charges, if any, to be made for such use.
13 (8 .) To exercise the right of eminent domain under the provisions of
14 chapter 7, title 7, Idaho Code, for any of the uses and purposes provided in
15 section 7-701, Idaho Code.
16 (9 .) If there is a great public calamity, such as an extraordinary fire,
17 flood, storm, epidemic, or other disaster, or if it is necessary to do emer-
18 gency work to prepare for national or local defense, or it is necessary to do
19 emergency work to safeguard life, health or property, the board of trustees
20 may pass a resolution declaring that the public interest and necessity demand
21 the immediate expenditure of public money to safeguard life, health or prop-
22 erty. Upon adoption of the resolution, the board may expend any sum required
23 in the emergency without compliance with this section.
24 SECTION 2. An emergency existing therefor, which emergency is hereby
25 declared to exist, this act shall be in full force and effect on and after its
26 passage and approval.
STATEMENT OF PURPOSE
This legislation amends Idaho Code 33-601 (4)(b) that currently
grants school districts the authority to authorize the transfer
or conveyance of any real or personal property owned by such
school district to various public entities with or without
This bill adds public charter schools to the list of entities to
which school districts may transfer or convey surplus property.
There is no fiscal impact on state general or dedicated funds.
Name: Sen. Mike Burkett
Name: Sue Meyer, Anser Charter School
STATEMENT OF PURPOSE/FISCAL NOTE S 1405