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
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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
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