Text: SF00244 Text: SF00246 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 7.20, Code 1997, is amended to read as 1 2 follows: 1 3 7.20 EXECUTIVE ORDER – USE OF VACANT SCHOOL PROPERTY. 1 4 The governor shall issue an executive order requiring all 1 5 state agencies to consider the leasing of a vacant facility or 1 6 building which is appropriately located and which is owned by 1 7 a public school corporation before a state agency leases, 1 8 purchases, or constructs a facility or building. The state 1 9 agency may lease a facility or building owned by a public 1 10 school corporation with an option to purchase the facility or 1 11 building in compliance withsectionssection 297.22to 297.24. 1 12 The lease shall provide that the public school corporation may 1 13 terminate the lease if the corporation needs to use the 1 14 facility or building for school purposes. The public school 1 15 corporation shall notify the state agency at least thirty days 1 16 before the termination of the lease. 1 17 Sec. 2. Section 273.3, subsection 21, Code 1997, is 1 18 amended to read as follows: 1 19 21. Be authorized to sell, lease, or dispose of, in whole 1 20 or in part, property belonging to the area education agency. 1 21 Before the area education agency may sell property belonging 1 22 to the agency, the board of directors shall comply with the 1 23 requirements set forth insections 297.23 and 297.24section 1 24 297.22. Before the board of directors of an area education 1 25 agency may lease property belonging to the agency, the board 1 26 shall obtain the approval of the director of the department of 1 27 education. 1 28 Sec. 3. Section 297.22, Code 1997, is amended to read as 1 29 follows: 1 30 297.22 POWER TO SELL, LEASE, OR DISPOSE OF PROPERTY – 1 31 TAX. 1 32 1. The board of directors of a school district may sell, 1 33 lease, or dispose of, in whole or in part, a schoolhouse, 1 34 site, or other property belonging to the district.However,1 35if the appraised value exceeds twenty-five thousand dollars,2 1the board shall hold a public hearing before the board takes2 2final action on the property.2 3 Proceeds from the sale or disposition of real property 2 4 shall be placed in the physical plant and equipment levy fund. 2 5 Proceeds from the sale or disposition of property other than 2 6 real property shall be placed in the general fund. Proceeds 2 7 from the lease of real or other property shall be placed in 2 8 the general fund. 2 9Before the board of directors may sell, lease or dispose of2 10any property belonging to the school district it shall comply2 11with the requirements set forth in sections 297.15 to 297.202 12and sections 297.23 and 297.24. Any real estate proposed to2 13be sold shall be appraised by three disinterested freeholders2 14residing in the school district and appointed by the chief2 15judge of the judicial district of the county in which said2 16real estate is located from the list of compensation2 17commissioners.2 18 Before the board of directors may sell, lease for a period 2 19 in excess of one year, or dispose of any real property 2 20 belonging to the school, the board shall hold a public hearing 2 21 on the proposal. The board shall set forth its proposal in a 2 22 resolution and shall publish notice of the time and the place 2 23 of the public hearing on the resolution. Notice of the time 2 24 and place of the public hearing shall be published at least 2 25 once not less than ten days but not more than twenty days 2 26 prior to the date of the hearing in a newspaper of general 2 27 circulation in the district. After the public hearing, the 2 28 board may make a final determination on the proposal contained 2 29 in the resolution. 2 30 2. The board of directors of a school district may sell, 2 31 lease, exchange, give, or grant, and accept any interest in 2 32 real property to, with, or from a county, municipal 2 33 corporation, school district, township, or area education 2 34 agency if the real property is within the jurisdiction of both 2 35 the grantor and grantee.In this case sections 297.15 to3 1297.20, sections 297.23 and 297.24, and appraisal requirements3 2of this section do not apply to the transaction.3 3 The board of directors of a school district may lease a 3 4 portion of an existing school building in which the remaining 3 5 portion of the building will be used for school purposes for a 3 6 period of not to exceed five years. The lease may be renewed 3 7 at the option of the board.Sections 297.15 to 297.20,3 8sections 297.23 and 297.24, and the appraisal requirementsThe 3 9 notice and public hearing requirements of subsection 1 of this 3 10 section do not apply to the lease of a portion of an existing 3 11 school building. A school district shall pay out of the 3 12 revenue from a lease to the state of Iowa, and to the city, 3 13 school district and any other political subdivision authorized 3 14 to levy taxes, an amount as determined by this section. The 3 15 amount shall be determined by applying the annual tax rate of 3 16 the taxing district to the assessed value of the portion of 3 17 the building leased, prorated for the term of the lease during 3 18 the appropriate taxing period. The provisions of this section 3 19 relating to the payment of property tax because of leases 3 20 shall only apply to leases to private, for-profit entities 3 21 which lease a portion of a school building for a period of 3 22 thirty or more consecutive days. 3 232.3. The provisions in subsection 1, relating to the 3 24 sale, lease, or disposition of school district property do not 3 25 apply to student-constructed buildings and the property on 3 26 which student-constructed buildings are located. The board of 3 27 directors of a school district may sell, lease, or dispose of 3 28 a student-constructed building and the property on which the 3 29 student-constructed building is located, and may purchase 3 30 sites for the erection of additional structures, by any 3 31 procedure which is adopted by the board. 3 32 Sec. 4. Section 297.25, Code 1997, is amended to read as 3 33 follows: 3 34 297.25 RULE OF CONSTRUCTION. 3 35SectionsSection 297.22to 297.24shall be construed as 4 1 independent of the power vested in the electors by section 4 2 278.1, and as additionaltheretoto such power. 4 3 Sec. 5. Section 331.361, subsection 7, Code 1997, is 4 4 amended to read as follows: 4 5 7. The board shall not lease, purchase, or construct a 4 6 facility or building before considering the leasing of a 4 7 vacant facility or building which is located in the county and 4 8 owned by a public school corporation. The board may lease a 4 9 facility or building owned by the public school corporation 4 10 with an option to purchase the facility or building in 4 11 compliance withsectionssection 297.22to 297.24. The lease 4 12 shall provide that the public school corporation may terminate 4 13 the lease if the corporation needs to use the facility or 4 14 building for school purposes. The public school corporation 4 15 shall notify the board at least thirty days before the 4 16 termination of the lease. 4 17 Sec. 6. Section 364.21, Code 1997, is amended to read as 4 18 follows: 4 19 364.21 USE OF VACANT SCHOOL PROPERTY. 4 20 A city shall not lease, purchase, or construct a building 4 21 before considering the leasing of a vacant facility or 4 22 building owned by a local public school corporation. The city 4 23 may lease a facility or building owned by a local public 4 24 school corporation with an option to purchase the facility or 4 25 building in compliance withsectionssection 297.22to 297.24. 4 26 The lease shall provide that the public school corporation may 4 27 terminate the lease if the corporation needs to use the 4 28 facility or building for school purposes. The public school 4 29 corporation shall notify the city at least thirty days before 4 30 the termination of the lease. 4 31 Sec. 7. Sections 297.21, 297.23, and 297.24, Code 1997, 4 32 are repealed. 4 33 Sec. 8. This Act, being deemed of immediate importance, 4 34 takes effect upon enactment. 4 35 EXPLANATION 5 1 This bill requires that if the board of directors of a 5 2 school district or area education agency wishes to sell, 5 3 lease, or otherwise dispose of property, the board must adopt 5 4 a resolution and hold a public hearing on the resolution. 5 5 The bill removes the requirement that property to be sold, 5 6 leased, or otherwise disposed of by a school district or area 5 7 education agency be first offered, by reversion, to the former 5 8 owner. The bill also removes the requirement that a school 5 9 district or area education agency obtain an independent 5 10 appraisal of property which the district or agency wishes to 5 11 sell, lease, or otherwise dispose of and the requirement that 5 12 the property be sold through a public bid process. 5 13 The bill takes effect upon enactment. 5 14 LSB 2300SS 77 5 15 sc/jj/8.1
Text: SF00244 Text: SF00246 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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