H-8177

   Amend House File 2543 as follows:
   1.  By striking page 1, line 21, through page 2, line 7.
   2.  Page 2, by striking lines 13 through 15 and inserting <or vacant property owned by a school district pursuant to section 297.24.>
   3.  Page 2, line 32, after <for> by inserting <nonpublic schools and>
   4.  Page 3, line 6, after <allow> by inserting <nonpublic schools and>
   5.  Page 3, lines 15 and 16, by striking <a charter school> and inserting <an educational institution>
   6.  Page 3, line 31, by striking <schools —— right of first refusal for charter schools> and inserting <schools>
   7.  Page 3, after line 32 by inserting: 
   <a.  “Educational institution” means all of the following:
   (1)  A school district.
   (2)  A nonpublic school.
   (3)  A charter school established pursuant to chapter 256E.
   (4)  A charter school or innovation zone school established pursuant to chapter 256F.
   (5)  An institution of higher education under the control of the state board of regents.
   (6)  A community college established under chapter 260C.
   (7)  The state training school established under chapter 233A.
   (8)  An accredited private institution as defined in section 256.183.>
   8.  Page 3, line 33, by striking <a.> and inserting <b.>
   9.  Page 4, line 5, by striking <b.> and inserting <c.>
   10.  Page 4, by striking lines 11 through 22 and inserting <property to an educational institution.>
   11.  By striking page 4, line 23, through page 5, line 6, and inserting: 
   <3.  a.  The board of directors of a school district shall not sell or lease underutilized property or vacant property unless the board of directors of the school district first provides notice to each educational institution that is located within the school district that describes the underutilized property or vacant property and offers to sell or lease the underutilized property or vacant property to the educational institution at a price that is to be determined pursuant to paragraph “b”.
   b.  (1)  If an educational institution desires to purchase or lease underutilized property or vacant property described in a notice provided under paragraph “a”, the educational institution shall provide notice to the school district within a reasonable time after receipt of the notice provided under paragraph “a” indicating the educational institution’s preliminary intent to purchase or lease such property, pending the determination of the purchase or lease price of the property under subparagraph (2).
   (2)  The purchase or lease price of the underutilized property or vacant property shall be an amount equal to the average of the fair market purchase or lease value of the underutilized property or vacant property as determined by two independent appraisals prepared by certified appraisers. The board of directors of the school district shall select, and pay the costs associated with, one certified appraiser, and the educational institution electing to purchase or lease the underutilized property or vacant property shall select, and pay the costs associated with, the other certified appraiser.
   (3)  If, within a reasonable time after the determination of the purchase or lease price of the underutilized property or vacant property under subparagraph (2), an educational institution elects to purchase or lease the underutilized property or vacant property, the educational institution shall provide notice to the board of directors of the school district indicating the educational institution’s election to purchase or lease such property, and the board of directors of the school district and the educational institution shall proceed to negotiate the additional terms of, and effectuate, the sale or lease.
   4.  Subsection 3 shall be construed as independent of the power vested in the electors by section 278.1, and as additional to such power. If a board of directors of a school district has exercised its independent power under subsection 3 regarding selling or leasing underutilized property or vacant property to an educational institution that is located within the school district, and has by resolution approved such action, the electors shall not subsequently proceed to exercise their power under section 278.1 for a purpose directly contrary to the action previously approved by the board of directors in accordance with subsection 3.
   5.  The state board of education shall adopt rules pursuant to chapter 17A to administer this section. The rules shall include provisions that determine which educational institution shall be allowed to purchase or lease underutilized property or vacant property when more than one educational institution provides notice to the board of directors of a school district pursuant to subsection 3, paragraph “b”, subparagraph (3), indicating the educational institution’s election to purchase or lease the same underutilized property or vacant property.>
   12.  Title page, by striking lines 1 through 5 and inserting <An Act relating to education, including by establishing requirements related to the sale or lease of underutilized property or vacant property by school districts and modifying charter school funding and charter school board member requirements.>
   13.  By renumbering as necessary.

______________________________
GEHLBACH of Dallas