Text: HF00404 Text: HF00406 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 405 1 2 1 3 AN ACT 1 4 RELATING TO THE SALE, LEASE, OR OTHER DISPOSITION OF 1 5 PROPERTY BELONGING TO A SCHOOL DISTRICT OR AREA 1 6 EDUCATION AGENCY AND PROVIDING AN IMMEDIATE EFFECTIVE 1 7 DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 7.20, Code 1997, is amended to read as 1 12 follows: 1 13 7.20 EXECUTIVE ORDER – USE OF VACANT SCHOOL PROPERTY. 1 14 The governor shall issue an executive order requiring all 1 15 state agencies to consider the leasing of a vacant facility or 1 16 building which is appropriately located and which is owned by 1 17 a public school corporation before a state agency leases, 1 18 purchases, or constructs a facility or building. The state 1 19 agency may lease a facility or building owned by a public 1 20 school corporation with an option to purchase the facility or 1 21 building in compliance withsectionssection 297.22to 297.24. 1 22 The lease shall provide that the public school corporation may 1 23 terminate the lease if the corporation needs to use the 1 24 facility or building for school purposes. The public school 1 25 corporation shall notify the state agency at least thirty days 1 26 before the termination of the lease. 1 27 Sec. 2. Section 273.3, subsection 21, Code 1997, is 1 28 amended to read as follows: 1 29 21. Be authorized to sell, lease, or dispose of, in whole 1 30 or in part, property belonging to the area education agency. 1 31 Before the area education agency may sell property belonging 1 32 to the agency, the board of directors shall comply with the 1 33 requirements set forth insections 297.23 and 297.24section 1 34 297.22. Before the board of directors of an area education 1 35 agency may lease property belonging to the agency, the board 2 1 shall obtain the approval of the director of the department of 2 2 education. 2 3 Sec. 3. Section 297.22, Code 1997, is amended to read as 2 4 follows: 2 5 297.22 POWER TO SELL, LEASE, OR DISPOSE OF PROPERTY – 2 6 TAX. 2 7 1. The board of directors of a school district may sell, 2 8 lease, or dispose of, in whole or in part, a schoolhouse, 2 9 site, or other property belonging to the district.However,2 10if the appraised value exceeds twenty-five thousand dollars,2 11the board shall hold a public hearing before the board takes2 12final action on the property.If the real property contains 2 13 less than two acres, is located outside of a city, is not 2 14 adjacent to a city, and was previously used as a schoolhouse 2 15 site, the procedure contained in sections 297.15 through 2 16 297.20 shall be followed in lieu of this section. 2 17 Proceeds from the sale or disposition of real property 2 18 shall be placed in the physical plant and equipment levy fund. 2 19 Proceeds from the sale or disposition of property other than 2 20 real property shall be placed in the general fund. Proceeds 2 21 from the lease of real or other property shall be placed in 2 22 the general fund. 2 23Before the board of directors may sell, lease or dispose of2 24any property belonging to the school district it shall comply2 25with the requirements set forth in sections 297.15 to 297.202 26and sections 297.23 and 297.24. Any real estate proposed to2 27be sold shall be appraised by three disinterested freeholders2 28residing in the school district and appointed by the chief2 29judge of the judicial district of the county in which said2 30real estate is located from the list of compensation2 31commissioners.2 32 Before the board of directors may sell, lease for a period 2 33 in excess of one year, or dispose of any property belonging to 2 34 the school, the board shall hold a public hearing on the 2 35 proposal. The board shall set forth its proposal in a 3 1 resolution and shall publish notice of the time and the place 3 2 of the public hearing on the resolution. The notice shall 3 3 also describe the property. A locally known address for real 3 4 property may be substituted for a legal description of real 3 5 property contained in the resolution. Notice of the time and 3 6 place of the public hearing shall be published at least once 3 7 not less than ten days but not more than twenty days prior to 3 8 the date of the hearing in a newspaper of general circulation 3 9 in the district. After the public hearing, the board may make 3 10 a final determination on the proposal contained in the 3 11 resolution. 3 12 However, property having a value of not more than five 3 13 thousand dollars, other than real property, may be disposed of 3 14 by any procedure which is adopted by the board and each sale 3 15 shall be published by at least one insertion each week for two 3 16 consecutive weeks in a newspaper having general circulation in 3 17 the district. 3 18 2. The board of directors of a school district may sell, 3 19 lease, exchange, give, or grant, and accept any interest in 3 20 real property to, with, or from a county, municipal 3 21 corporation, school district, township, or area education 3 22 agency if the real property is within the jurisdiction of both 3 23 the grantor and grantee.In this case sections 297.15 to3 24297.20, sections 297.23 and 297.24, and appraisal requirements3 25of this section do not apply to the transaction.3 26 The board of directors of a school district may lease a 3 27 portion of an existing school building in which the remaining 3 28 portion of the building will be used for school purposes for a 3 29 period of not to exceed five years. The lease may be renewed 3 30 at the option of the board.Sections 297.15 to 297.20,3 31sections 297.23 and 297.24, and the appraisal requirementsThe 3 32 notice and public hearing requirements of subsection 1 of this 3 33 section do not apply to the lease of a portion of an existing 3 34 school building. A school district shall pay out of the 3 35 revenue from a lease to the state of Iowa, and to the city, 4 1 school district and any other political subdivision authorized 4 2 to levy taxes, an amount as determined by this section. The 4 3 amount shall be determined by applying the annual tax rate of 4 4 the taxing district to the assessed value of the portion of 4 5 the building leased, prorated for the term of the lease during 4 6 the appropriate taxing period. The provisions of this section 4 7 relating to the payment of property tax because of leases 4 8 shall only apply to leases to private, for-profit entities 4 9 which lease a portion of a school building for a period of 4 10 thirty or more consecutive days. 4 112.3. The provisions in subsection 1, relating to the 4 12 sale, lease, or disposition of school district property do not 4 13 apply to student-constructed buildings and the property on 4 14 which student-constructed buildings are located. The board of 4 15 directors of a school district may sell, lease, or dispose of 4 16 a student-constructed building and the property on which the 4 17 student-constructed building is located, and may purchase 4 18 sites for the erection of additional structures, by any 4 19 procedure which is adopted by the board. 4 20 Sec. 4. Section 297.25, Code 1997, is amended to read as 4 21 follows: 4 22 297.25 RULE OF CONSTRUCTION. 4 23SectionsSection 297.22to 297.24shall be construed as 4 24 independent of the power vested in the electors by section 4 25 278.1, and as additionaltheretoto such power. 4 26 Sec. 5. Section 331.361, subsection 7, Code 1997, is 4 27 amended to read as follows: 4 28 7. The board shall not lease, purchase, or construct a 4 29 facility or building before considering the leasing of a 4 30 vacant facility or building which is located in the county and 4 31 owned by a public school corporation. The board may lease a 4 32 facility or building owned by the public school corporation 4 33 with an option to purchase the facility or building in 4 34 compliance withsectionssection 297.22to 297.24. The lease 4 35 shall provide that the public school corporation may terminate 5 1 the lease if the corporation needs to use the facility or 5 2 building for school purposes. The public school corporation 5 3 shall notify the board at least thirty days before the 5 4 termination of the lease. 5 5 Sec. 6. Section 364.21, Code 1997, is amended to read as 5 6 follows: 5 7 364.21 USE OF VACANT SCHOOL PROPERTY. 5 8 A city shall not lease, purchase, or construct a building 5 9 before considering the leasing of a vacant facility or 5 10 building owned by a local public school corporation. The city 5 11 may lease a facility or building owned by a local public 5 12 school corporation with an option to purchase the facility or 5 13 building in compliance withsectionssection 297.22to 297.24. 5 14 The lease shall provide that the public school corporation may 5 15 terminate the lease if the corporation needs to use the 5 16 facility or building for school purposes. The public school 5 17 corporation shall notify the city at least thirty days before 5 18 the termination of the lease. 5 19 Sec. 7. Sections 297.21, 297.23, and 297.24, Code 1997, 5 20 are repealed. 5 21 Sec. 8. This Act, being deemed of immediate importance, 5 22 takes effect upon enactment. 5 23 5 24 5 25 5 26 RON J. CORBETT 5 27 Speaker of the House 5 28 5 29 5 30 5 31 MARY E. KRAMER 5 32 President of the Senate 5 33 5 34 I hereby certify that this bill originated in the House and 5 35 is known as House File 405, Seventy-seventh General Assembly. 6 1 6 2 6 3 6 4 ELIZABETH ISAACSON 6 5 Chief Clerk of the House 6 6 Approved , 1997 6 7 6 8 6 9 6 10 TERRY E. BRANSTAD 6 11 Governor
Text: HF00404 Text: HF00406 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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