Senate Study Bill 1073 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF EDUCATION BILL) A BILL FOR An Act relating to the duties and powers of the boards of 1 directors of the area education agencies to purchase, lease, 2 or lease-purchase facilities and property or buildings 3 without state board approval. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1426XD (2) 89 kh/jh
S.F. _____ H.F. _____ Section 1. Section 273.2, subsection 2, Code 2021, is 1 amended to read as follows: 2 2. An area education agency established under this chapter 3 is a body politic as a school corporation for the purpose 4 of exercising powers granted under this chapter , and may sue 5 and be sued. An area education agency may hold property and 6 execute purchase agreements within two years of a disaster as 7 defined in section 29C.2, subsection 4 , and lease-purchase 8 agreements pursuant to section 273.3, subsection 7 , and 9 if the lease-purchase agreement exceeds ten years or the 10 purchase price of the property to be acquired pursuant to a 11 purchase or lease-purchase agreement exceeds twenty-five is 12 seventy thousand dollars or greater , the area education agency 13 shall conduct a public hearing on the proposed purchase or 14 lease-purchase agreement and receive approval from the area 15 education agency board of directors and the state board of 16 education or its designee before entering into the agreement. 17 Sec. 2. Section 273.3, subsection 7, Code 2021, is amended 18 to read as follows: 19 7. Be authorized to lease, purchase, or lease-purchase, 20 subject to the approval of the state board of education or 21 its designee and to receive by gift and operate and maintain 22 facilities and buildings necessary to provide authorized 23 programs and services. However, a lease for less than ten 24 years and with an annual cost of less than twenty-five seventy 25 thousand dollars does not require the approval of the state 26 board. The state board shall not approve a lease, purchase, 27 or lease-purchase until the state board is satisfied by 28 investigation that public school corporations within the area 29 do not have suitable facilities available. A purchase of 30 property that is not a lease-purchase may be made only within 31 two years of a disaster as defined in section 29C.2, subsection 32 4 , and subject to the requirements of this subsection . 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 1426XD (2) 89 kh/jh 1/ 2
S.F. _____ H.F. _____ the explanation’s substance by the members of the general assembly. 1 This bill relates to the authority of a board of directors of 2 an area education agency to purchase, lease, or lease-purchase 3 property, facilities, or buildings necessary to provide 4 authorized programs and services. Such a purchase, lease, or 5 lease-purchase must be approved by the state board of education 6 unless the lease is for less than 10 years and the annual cost 7 of the lease is less than $25,000. The bill increases the 8 amount requiring state board approval from $25,000 to $70,000 9 or greater. 10 -2- LSB 1426XD (2) 89 kh/jh 2/ 2