House Study Bill 4 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            EDUCATION BILL BY
                                            CHAIRPERSON WENDT)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the disposition of school property and
  2    providing an effective date.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 1538HC 83
  5 ak/nh/5

PAG LIN



  1  1    Section 1.  Section 278.1, subsection 1, paragraph b, Code
  1  2 2009, is amended to read as follows:
  1  3    b.  Except when restricted by section 297.25, direct Direct
  1  4 the sale, lease, or other disposition of any schoolhouse or
  1  5 school site or other property belonging to the corporation,
  1  6 and the application to be made of the proceeds thereof.
  1  7 However, nothing in this section shall be construed to prevent
  1  8 the independent action by the board of directors of the
  1  9 corporation to sell sale, lease, exchange, gift, or grant, or
  1 10 otherwise dispose and acceptance of any interest in real or
  1 11 other property of the corporation to the extent authorized in
  1 12 section 297.22.  For the purposes of this paragraph, "dispose"
  1 13 or "disposition" includes the exchange, transfer, demolition,
  1 14 or destruction of any real or other property of the
  1 15 corporation.
  1 16    Sec. 2.  Section 297.22, subsection 1, paragraph e, Code
  1 17 2009, is amended by striking the paragraph.
  1 18    Sec. 3.  Section 297.25, Code 2009, is amended by striking
  1 19 the section and inserting in lieu thereof the following:
  1 20    297.25  RULE OF CONSTRUCTION.
  1 21    Section 297.22 shall be construed as independent of the
  1 22 power vested in the electors by section 278.1, and as
  1 23 additional to such power.
  1 24    Sec. 4.  EFFECTIVE DATE.  This Act, being deemed of
  1 25 immediate importance, takes effect upon enactment.
  1 26                           EXPLANATION
  1 27    This bill relates to the disposition of school property.
  1 28 The bill strikes changes made to Code sections 278.1(1)(b) and
  1 29 297.25 and strikes Code section 297.22(1)(e), all from House
  1 30 File 2526, which passed during the 2008 legislative session.
  1 31    The bill returns the Code language to how it read prior to
  1 32 enactment of House File 2526, except for technical changes, to
  1 33 allow voters to direct the disposition of school property and
  1 34 the application of the proceeds.
  1 35    Currently, Code section 298.1(1)(b) specifies that the
  2  1 board of directors of a school district may take independent
  2  2 action to dispose of any interest in real or other property of
  2  3 the school corporation.  Currently, "dispose" or "disposition"
  2  4 includes the exchange, transfer, demolition, or destruction of
  2  5 any real or personal property of the school district.  The
  2  6 bill strikes this language.
  2  7    Code section 297.25 currently prohibits voters from
  2  8 exercising their power to direct the disposition of school
  2  9 district property for any purpose directly contrary to an
  2 10 action previously approved by the board of directors under
  2 11 current Code section 297.22, regarding real or personal
  2 12 property of the school district.  The prohibition on electors
  2 13 exercising their power in regard to an action by the board
  2 14 shall expire at the end of the same calendar year that the
  2 15 board approved an action unless the action itself includes a
  2 16 specific time frame.  The bill strikes this prohibition.
  2 17    The bill takes effect upon enactment.
  2 18 LSB 1538HC 83
  2 19 ak/nh/5