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SECOND REGULAR SESSION
HOUSE BILL NO. 2172
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE TERR Y .
4236H.03I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapters 160 and 162, RSMo, by adding thereto two new sections relating to
property used by schools.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 160 and 162, RSMo, are amended by adding thereto two new
2 sections, to be known as sections 160.421 and 162.092, to read as follows:
160.421. 1. For purposes of this section, "political subdivision" shall include, but
2 not be limited to, municipalities, counties, and school districts.
3 2. A political subdivision shall not adopt, enforce, impose, or administer an
4 ordinance, local policy , or local res olution that proh ibits prop erty sold, leased, or
5 transferr ed by the political subdivision fr om being used by a charter public school for
6 any lawful educational purpose.
7 3. A political subdivision shall not impose, enforce, or apply any deed res triction,
8 pr operty-use res triction, or other such res triction that expr essly , or by its operation,
9 pr ohibits pr operty sold, leased, or transferr ed by the political subdivision fr om being
10 used by a charter public school for any lawful educational purpose. Any deed
11 r estriction, affirmative-use deed restriction, pr operty-use res triction, or other such
12 r estriction that affirmatively allows only for one or mor e specified uses or purposes that
13 do not include any educational use or purpose by a charter public school is pr ohibited
14 under this section. Any deed res triction, affirmative-use deed res triction, prop erty-use
15 r estriction, or other such restriction in effect on the effective date of this section that
16 pr ohibits or does not permit pr operty pr eviously used for any educational purpose fr om
17 being used for any futur e educational purpose by a charter public school is void.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 4. Any ordinance, policy , regul ation, deed, use r estriction, or contract made in
19 violation of this section shall be void from its inception.
162.092. 1. As used in this section, the following terms shall mean:
2 (1) "Public entity", the state of Missouri, any political subdivision of the state
3 including, but not limited to, all boards, commissions, agencies, institutions, authorities,
4 and bodies politic and corporate of the state cre ated by or in accordance with state law
5 or reg ulations, or any institution supported in whole or in part by public funds;
6 (2) "Unused facility", a school building or facility owned by a school district that
7 is not used for academic purposes, extracurricular activities, administrative school
8 functions, or sports and for which the school district has no school-board-approv ed
9 written plan for futur e use. Such school-board-appr oved plan shall include academic
10 purposes, extracurricular activities, administrative functions, or sports to be used by the
11 school within two years of the plan's appr oval. If such school-board-approv ed plan is
12 not executed within two years of the plan's appr oval, such unused facility shall be
13 available for lease or pur chase by a public entity .
14 2. If a school district extends an offer to pur chase or lease an unused facility to a
15 party , other than a public entity , the contract shall include a pr ovision that makes the
16 pur chase or lease subject to the right of first refu sal by a public entity .
17 3. If the offer to pur chase or lease is accepted, the school district selling or
18 leasing the unused facility shall provi de a public notice on its website stating:
19 (1) The unused facility is available for lease or purc hase;
20 (2) The squar e footage of the unused facility;
21 (3) The contact information for the school district re present ative in charge of the
22 lease or sale; and
23 (4) The expiration date of the right of first ref usal, which shall be sixty days after
24 the date of notification.
25 4. If two or mor e public entities notify the offering school district indicating an
26 inter est in the unused facility to lease or purch ase, the offering school district shall make
27 the final selection of the purc haser or lessee.
28 5. In right of first ref usal negotiations with a public entity , it shall be the option
29 of the offering school district whether to sell or lease the prop erty under consideration,
30 at fair market value or less, for a term to be agr eed upon by the parties. A lease shall
31 include ingr ess to and egr ess fr om the facility , and wher e a part of a facility is leased, the
32 right to access and use the common area shared by all tenants and users of the facility .
33 If a public entity leases the entire facility , the public entity may incur debt to make
34 impr ovements to the facility , and the school district shall subordinate its inter est in the
35 lease to such debt.
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36 6. The public entity shall have six months after the date of making a written
37 offer to complete the pur chase or lease of the unused facility for a price negotiated with
38 the school district.
39 7. During the term of a lease, the public entity shall be res ponsible for direc t
40 expenses relat ed to the facility or any part of the facility leased, including utilities,
41 insurance, maintenance, pr operty taxes, and repa irs.
42 8. If a public entity plans to sell an unused facility that it has purch ased, it shall
43 first offer the facility to the school district fr om which it was pur chased. Such offer shall
44 be governed by the pr ocedur es set forth in this section.
✔
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