2008 Legislation
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SENATE BILL NO. 1405<br /> – School dist property/charter school


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Bill Status

S1405..........................................................by EDUCATION
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
         Effective: 03/18/08

Bill Text

  ]]]]              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

  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,
 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 / Fiscal Impact

                       STATEMENT OF PURPOSE

                            RS 17756C1

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.

                           FISCAL NOTE

There is no fiscal impact on state general or dedicated funds.

Name: Sen. Mike Burkett
Phone: 332-1414

Name: Sue Meyer, Anser Charter School
Phone: 331-3554

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1405