HF 2282 (LSB 6107YH (3) 91)

HOUSE FILE 2282

BY  FISHER

A BILL FOR

An Act relating to the sale of certain specified buildings or structures by school districts, and including applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 7.20, Code 2026, is amended to read as follows:
   7.20  Executive order —— use of vacant school property.
   The governor shall issue an executive order requiring all state agencies to consider the leasing of a vacant facility or building which is appropriately located and which is owned by a public school corporation before a state agency leases, purchases, or constructs a facility or building. The state agency may lease a facility or building owned by a public school corporation with an option to purchase the facility or building in compliance with section sections 297.22 and 297.22A. The lease shall provide that the public school corporation may terminate the lease if the corporation needs to use the facility or building for school purposes. The public school corporation shall notify the state agency at least thirty days before the termination of the lease.
    Sec. 2.  Section 278.1, subsection 1, paragraph b, Code 2026, is amended to read as follows:
   b.  Except when restricted by section 297.24 or 297.25, direct the sale, lease, or other disposition of any schoolhouse or school site or other property belonging to the corporation, and the application to be made of the proceeds thereof. However, this section shall not be construed to prevent the sale, lease, exchange, gift, or grant and acceptance of any interest in real or other property of the corporation to the extent authorized in section 297.22 or, 297.22A, or 297.24.
    Sec. 3.  Section 297.19, Code 2026, is amended to read as follows:
   297.19  Public sale.
   1.  If the owner of the tract from which said site was taken fails to pay the amount of such appraisement to such school district within twenty days after the filing of same with the county sheriff, the school district may sell, subject to subsection 2, do any of the following: 
   a.  Sell said site to any other person at the appraised value, or may sell the same. 
   b.  Sell said site at public sale to the highest bidder.
   2.  If said site contains a building or structure with greater than or equal to two thousand five hundred square feet of floor space, the school district shall not sell said site unless the county board of supervisors of the county in which said site is located approves such sale.
    Sec. 4.  Section 297.20, Code 2026, is amended to read as follows:
   297.20  Sale of improvements.
   1.  If there are improvements on said site, the improvements may, at the request of either party and subject to subsection 2, be appraised and sold separately.
   2.  If the improvements on said site include a building or structure with greater than or equal to two thousand five hundred square feet of floor space, the school district shall not sell the improvements on said site unless the county board of supervisors of the county in which said site is located approves such sale.
    Sec. 5.  NEW SECTION.  297.22A  Approval for sale of certain school buildings.
   In addition to the requirements described in section 297.22, subsection 1, paragraph “c”, the board of directors of a school district shall not sell a building or structure with greater than or equal to two thousand five hundred square feet of floor space unless the sale is approved by one of the following:
   1.  The city council of the city in which the building or structure is located.
   2.  If the building or structure is situated wholly outside of a city, the county board of supervisors of the county in which the building or structure is located.
    Sec. 6.  Section 297.25, Code 2026, is amended to read as follows:
   297.25  Rule of construction.
   Section 297.22 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 has exercised its independent power under section 297.22 regarding the disposition of real or personal property of the school district and has by resolution approved such action, the electors may subsequently proceed to exercise their power under section 278.1 for a purpose directly contrary to an action previously approved by the board of directors in accordance with section 297.22 or 297.22A. However, the electors shall be limited to ten days after an action by the board to exercise such power for a purpose directly contrary to the board’s action.
    Sec. 7.  Section 331.361, subsection 7, Code 2026, is amended to read as follows:
   7.  The board shall not lease, purchase, or construct a facility or building before considering the leasing of a vacant facility or building which is located in the county and owned by a public school corporation. The board may lease a facility or building owned by the public school corporation with an option to purchase the facility or building in compliance with section 297.22 or 297.22A. The lease shall provide that the public school corporation may terminate the lease if the corporation needs to use the facility or building for school purposes. The public school corporation shall notify the board at least thirty days before the termination of the lease.
    Sec. 8.  Section 364.21, Code 2026, is amended to read as follows:
   364.21  Use of vacant school property.
   A city shall not lease, purchase, or construct a building before considering the leasing of a vacant facility or building owned by a local public school corporation. The city may lease a facility or building owned by a local public school corporation with an option to purchase the facility or building in compliance with section 297.22 or 297.22A. The lease shall provide that the public school corporation may terminate the lease if the corporation needs to use the facility or building for school purposes. The public school corporation shall notify the city at least thirty days before the termination of the lease.
    Sec. 9.  APPLICABILITY.  This Act does not apply to sales of real property, and agreements to sell real property, that are effected or entered into prior to the effective date of this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the sale of certain specified buildings or structures by school districts.
   The bill prohibits the board of directors of a school district from selling a building or structure with greater than or equal to 2,500 square feet of floor space unless the sale is approved by either the city council of the city in which the building or structure is located, or if the building or structure is situated wholly outside of a city, the county board of supervisors of the county in which the building or structure is located. The bill does not apply to sales of real property, and agreements to sell real property, that are effected or entered into prior to the effective date of the bill. The bill makes conforming changes.