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House
File
2282
-
Introduced
HOUSE
FILE
2282
BY
FISHER
A
BILL
FOR
An
Act
relating
to
the
sale
of
certain
specified
buildings
or
1
structures
by
school
districts,
and
including
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
6107YH
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91
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H.F.
2282
Section
1.
Section
7.20,
Code
2026,
is
amended
to
read
as
1
follows:
2
7.20
Executive
order
——
use
of
vacant
school
property.
3
The
governor
shall
issue
an
executive
order
requiring
all
4
state
agencies
to
consider
the
leasing
of
a
vacant
facility
5
or
building
which
is
appropriately
located
and
which
is
owned
6
by
a
public
school
corporation
before
a
state
agency
leases,
7
purchases,
or
constructs
a
facility
or
building.
The
state
8
agency
may
lease
a
facility
or
building
owned
by
a
public
9
school
corporation
with
an
option
to
purchase
the
facility
10
or
building
in
compliance
with
section
sections
297.22
and
11
297.22A
.
The
lease
shall
provide
that
the
public
school
12
corporation
may
terminate
the
lease
if
the
corporation
needs
to
13
use
the
facility
or
building
for
school
purposes.
The
public
14
school
corporation
shall
notify
the
state
agency
at
least
15
thirty
days
before
the
termination
of
the
lease.
16
Sec.
2.
Section
278.1,
subsection
1,
paragraph
b,
Code
2026,
17
is
amended
to
read
as
follows:
18
b.
Except
when
restricted
by
section
297.24
or
297.25
,
19
direct
the
sale,
lease,
or
other
disposition
of
any
schoolhouse
20
or
school
site
or
other
property
belonging
to
the
corporation,
21
and
the
application
to
be
made
of
the
proceeds
thereof.
22
However,
this
section
shall
not
be
construed
to
prevent
the
23
sale,
lease,
exchange,
gift,
or
grant
and
acceptance
of
any
24
interest
in
real
or
other
property
of
the
corporation
to
the
25
extent
authorized
in
section
297.22
or
,
297.22A,
or
297.24
.
26
Sec.
3.
Section
297.19,
Code
2026,
is
amended
to
read
as
27
follows:
28
297.19
Public
sale.
29
1.
If
the
owner
of
the
tract
from
which
said
site
was
taken
30
fails
to
pay
the
amount
of
such
appraisement
to
such
school
31
district
within
twenty
days
after
the
filing
of
same
with
32
the
county
sheriff,
the
school
district
may
sell
,
subject
to
33
subsection
2,
do
any
of
the
following:
34
a.
Sell
said
site
to
any
other
person
at
the
appraised
35
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value
,
or
may
sell
the
same
.
1
b.
Sell
said
site
at
public
sale
to
the
highest
bidder.
2
2.
If
said
site
contains
a
building
or
structure
with
3
greater
than
or
equal
to
two
thousand
five
hundred
square
feet
4
of
floor
space,
the
school
district
shall
not
sell
said
site
5
unless
the
county
board
of
supervisors
of
the
county
in
which
6
said
site
is
located
approves
such
sale.
7
Sec.
4.
Section
297.20,
Code
2026,
is
amended
to
read
as
8
follows:
9
297.20
Sale
of
improvements.
10
1.
If
there
are
improvements
on
said
site,
the
improvements
11
may,
at
the
request
of
either
party
and
subject
to
subsection
12
2
,
be
appraised
and
sold
separately.
13
2.
If
the
improvements
on
said
site
include
a
building
14
or
structure
with
greater
than
or
equal
to
two
thousand
five
15
hundred
square
feet
of
floor
space,
the
school
district
shall
16
not
sell
the
improvements
on
said
site
unless
the
county
board
17
of
supervisors
of
the
county
in
which
said
site
is
located
18
approves
such
sale.
19
Sec.
5.
NEW
SECTION
.
297.22A
Approval
for
sale
of
certain
20
school
buildings.
21
In
addition
to
the
requirements
described
in
section
297.22,
22
subsection
1,
paragraph
“c”
,
the
board
of
directors
of
a
school
23
district
shall
not
sell
a
building
or
structure
with
greater
24
than
or
equal
to
two
thousand
five
hundred
square
feet
of
floor
25
space
unless
the
sale
is
approved
by
one
of
the
following:
26
1.
The
city
council
of
the
city
in
which
the
building
or
27
structure
is
located.
28
2.
If
the
building
or
structure
is
situated
wholly
outside
29
of
a
city,
the
county
board
of
supervisors
of
the
county
in
30
which
the
building
or
structure
is
located.
31
Sec.
6.
Section
297.25,
Code
2026,
is
amended
to
read
as
32
follows:
33
297.25
Rule
of
construction.
34
Section
297.22
shall
be
construed
as
independent
of
35
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the
power
vested
in
the
electors
by
section
278.1
,
and
1
as
additional
to
such
power.
If
a
board
of
directors
has
2
exercised
its
independent
power
under
section
297.22
regarding
3
the
disposition
of
real
or
personal
property
of
the
school
4
district
and
has
by
resolution
approved
such
action,
the
5
electors
may
subsequently
proceed
to
exercise
their
power
under
6
section
278.1
for
a
purpose
directly
contrary
to
an
action
7
previously
approved
by
the
board
of
directors
in
accordance
8
with
section
297.22
or
297.22A
.
However,
the
electors
shall
9
be
limited
to
ten
days
after
an
action
by
the
board
to
exercise
10
such
power
for
a
purpose
directly
contrary
to
the
board’s
11
action.
12
Sec.
7.
Section
331.361,
subsection
7,
Code
2026,
is
amended
13
to
read
as
follows:
14
7.
The
board
shall
not
lease,
purchase,
or
construct
a
15
facility
or
building
before
considering
the
leasing
of
a
vacant
16
facility
or
building
which
is
located
in
the
county
and
owned
17
by
a
public
school
corporation.
The
board
may
lease
a
facility
18
or
building
owned
by
the
public
school
corporation
with
an
19
option
to
purchase
the
facility
or
building
in
compliance
20
with
section
297.22
or
297.22A
.
The
lease
shall
provide
that
21
the
public
school
corporation
may
terminate
the
lease
if
the
22
corporation
needs
to
use
the
facility
or
building
for
school
23
purposes.
The
public
school
corporation
shall
notify
the
board
24
at
least
thirty
days
before
the
termination
of
the
lease.
25
Sec.
8.
Section
364.21,
Code
2026,
is
amended
to
read
as
26
follows:
27
364.21
Use
of
vacant
school
property.
28
A
city
shall
not
lease,
purchase,
or
construct
a
building
29
before
considering
the
leasing
of
a
vacant
facility
or
building
30
owned
by
a
local
public
school
corporation.
The
city
may
31
lease
a
facility
or
building
owned
by
a
local
public
school
32
corporation
with
an
option
to
purchase
the
facility
or
building
33
in
compliance
with
section
297.22
or
297.22A
.
The
lease
shall
34
provide
that
the
public
school
corporation
may
terminate
the
35
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2282
lease
if
the
corporation
needs
to
use
the
facility
or
building
1
for
school
purposes.
The
public
school
corporation
shall
2
notify
the
city
at
least
thirty
days
before
the
termination
of
3
the
lease.
4
Sec.
9.
APPLICABILITY.
This
Act
does
not
apply
to
sales
of
5
real
property,
and
agreements
to
sell
real
property,
that
are
6
effected
or
entered
into
prior
to
the
effective
date
of
this
7
Act.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
the
sale
of
certain
specified
buildings
12
or
structures
by
school
districts.
13
The
bill
prohibits
the
board
of
directors
of
a
school
14
district
from
selling
a
building
or
structure
with
greater
than
15
or
equal
to
2,500
square
feet
of
floor
space
unless
the
sale
16
is
approved
by
either
the
city
council
of
the
city
in
which
17
the
building
or
structure
is
located,
or
if
the
building
or
18
structure
is
situated
wholly
outside
of
a
city,
the
county
19
board
of
supervisors
of
the
county
in
which
the
building
or
20
structure
is
located.
The
bill
does
not
apply
to
sales
of
21
real
property,
and
agreements
to
sell
real
property,
that
are
22
effected
or
entered
into
prior
to
the
effective
date
of
the
23
bill.
The
bill
makes
conforming
changes.
24
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