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SECOND REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILLS NOS. 2404 & 2172
103RD GENERAL ASSEMBLY
4426S.06C KRISTINA MARTIN, Secretary
AN ACT
To 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 1
adding thereto two new sections, to be known as sections 160.421 2
and 162.092, to read as follows:3
160.421. 1. For purposes of this section, "political 1
subdivision" shall include, but not be limited to, 2
municipalities, counties, and school districts. 3
2. A political subdivision shall not adopt, enforce, 4
impose, or administer an ordinance, local policy, or local 5
resolution that prohibits property sold, leased, or 6
transferred by the political subdivision from being used by 7
a charter public school for any lawful educational purpose. 8
3. A political subdivision shall not impose, enforce, 9
or apply any deed restriction, property-use restriction, or 10
other such restriction that expressly, or by its operation, 11
prohibits property sold, leased, or transferred by the 12
political subdivision from being used by a charter public 13
school for any lawful educational purpose. Any deed 14
restriction, affirmative-use deed restriction, property-use 15
restriction, or other such restriction that affirmatively 16
SCS HCS HBs 2404 & 2172 2
allows only for one or more specified uses or purposes that 17
do not include any educational use or purpose by a charter 18
public school is prohibited under this section. Any deed 19
restriction, affirmative-use deed restriction, property-use 20
restriction, or other such restriction in effect on the 21
effective date of this section that prohibits or does not 22
permit property previously used for any educational purpose 23
from being used for any future educational purpose by a 24
charter public school is void. 25
4. Any ordinance, policy, regulation, deed, use 26
restriction, or contract made in violation of this section 27
shall be void from its inception. 28
162.092. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Public entity", the state of Missouri, any 3
political subdivision of the state including, but not 4
limited to, all boards, commissions, agencies, institutions, 5
authorities, and bodies politic and corporate of the state 6
created by or in accordance with state law or regulations, 7
or any institution supported in whole or in part by public 8
funds; 9
(2) "Unused facility", a school building or facility 10
owned by a school district that is not used for academic 11
purposes, extracurricular activities, administrative school 12
functions, or sports and for which the school district has 13
no school-board-approved written plan for future use. 14
2. If a school district extends an offer to purchase 15
or lease an unused facility to a party, other than a public 16
entity, the contract shall include a provision that makes 17
the purchase or lease subject to the right of first refusal 18
by a public entity. 19
SCS HCS HBs 2404 & 2172 3
3. If the offer to purchase or lease is accepted, the 20
school district selling or leasing the unused facility shall 21
provide a public notice on its website stating: 22
(1) The unused facility is available for lease or 23
purchase; 24
(2) The square footage of the unused facility; 25
(3) The contact information for the school district 26
representative in charge of the lease or sale; and 27
(4) The expiration date of the right of first refusal, 28
which shall be sixty days after the date of notification. 29
4. If two or more public entities notify the offering 30
school district indicating an interest in the unused 31
facility to lease or purchase, the offering school district 32
shall make the final selection of the purchaser or lessee. 33
5. In right of first refusal negotiations with a 34
public entity, it shall be the option of the offering school 35
district whether to sell or lease the property under 36
consideration, at fair market value or less, for a term to 37
be agreed upon by the parties. A lease shall include 38
ingress to and egress from the facility, and where a part of 39
a facility is leased, the right to access and use the common 40
area shared by all tenants and users of the facility. If a 41
public entity leases the entire facility, the public entity 42
may incur debt to make improvements to the facility, and the 43
school district shall subordinate its interest in the lease 44
to such debt. 45
6. The public entity shall have six months after the 46
date of making a written offer to complete the purchase or 47
lease of the unused facility for a price negotiated with the 48
school district. 49
7. During the term of a lease, the public entity shall 50
be responsible for direct expenses related to the facility 51
SCS HCS HBs 2404 & 2172 4
or any part of the facility leased, including utilities, 52
insurance, maintenance, property taxes, and repairs. 53
8. If a public entity plans to sell an unused facility 54
that it has purchased, it shall first offer the facility to 55
the school district from which it was purchased. Such offer 56
shall be governed by the procedures set forth in this 57
section. 58
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