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SECOND REGULAR SESSION
SENATE BILL NO. 1273
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
5019S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapters 160 and 162, RSMo, by adding thereto two new sections relating to school
property.
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 160.422 2
and 162.092, to read as follows:3
160.422. 1. A political subdivision shall not adopt, 1
enforce, impose, or administer an ordinance, local policy, 2
or local resolution that prohibits property sold, leased, or 3
transferred by the political subdivision from being used for 4
any lawful educational purpose by a charter school. 5
2. A political subdivision shall not impose, enforce, 6
or apply any deed restriction, property use restriction, or 7
other such restriction that expressly, or by its operation, 8
prohibits property sold, leased, or transferred by the 9
political subdivision from being used for any lawful 10
educational purpose by a charter school. Any deed 11
restriction, affirmative use deed restriction, property use 12
restriction, or other such restriction that affirmatively 13
allows for only one or more specified uses or purposes that 14
do not include any educational use or purpose is prohibited 15
under this section. Any deed restriction, affirmative use 16
deed restriction, property use restriction, or other such 17
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restriction in effect on the effective date of this section 18
that prohibits or does not permit property previously used 19
for any educational purpose from being used for any future 20
educational purpose is void. 21
3. Any ordinance, policy, regulation, deed, use 22
restriction, or contract made in violation of this section 23
shall be void from its inception. 24
4. For purposes of this section, "political 25
subdivision" shall include, but shall not be limited to, 26
municipalities, counties, and school districts. 27
162.092. 1. If a school district extends an offer to 1
purchase or lease an unused facility to a party other than a 2
public entity, the contract shall include a provision that 3
makes the purchase or lease subject to the right of first 4
refusal by a public entity. 5
2. If the offer to purchase or lease is accepted, the 6
school district selling or leasing the unused facility shall 7
provide a public notice on its website stating: 8
(1) The unused facility is available for lease or 9
purchase; 10
(2) The square footage of the unused facility; 11
(3) The contact information for the school district 12
representative in charge of the lease or sale; and 13
(4) The expiration date of the right of first refusal, 14
which shall be sixty days after the date of notification. 15
3. If the offering school district has not received an 16
offer to purchase or lease an unused facility from a party 17
other than a public entity, a public entity may initiate, 18
and the school board of the offering school district shall, 19
within sixty days of receiving such offer, engage in, 20
substantive good faith negotiations for the purchase or 21
lease of the unused facility. The negotiation period shall 22
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continue for thirty days, or less if an agreement is 23
reached. The school district and public entity shall engage 24
an independent mediator who shall gather independent 25
appraisals of the value of the property when the public 26
entity made an offer to purchase. The appraised value shall 27
determine a fair market price for the offering public 28
entity. In situations when the public entity made an offer 29
to lease the property, the appraisals gathered by the 30
mediator shall determine a fair market lease price for the 31
offering public entity. 32
4. If two or more public entities notify the offering 33
school district indicating an interest in the unused 34
facility to lease or purchase, the offering school district 35
shall make the final selection of the purchaser or lessee. 36
5. In right of first refusal negotiations with a 37
public entity, it shall be the option of the offering school 38
district whether to sell or lease the property under 39
consideration, at fair market value or less, for a term to 40
be agreed upon by the parties. A lease shall include 41
ingress to and egress from the facility, and where a part of 42
a facility is leased, the right to access and use of the 43
common area shared by all tenants and users of the 44
facility. If a public entity leases the entire facility, 45
the public entity may incur debt to make improvements to the 46
facility, and the school district shall subordinate its 47
interest in the lease to such debt. 48
6. The public entity shall have six months after the 49
date of making a written offer to complete the purchase or 50
lease of the unused facility for a price negotiated with the 51
school district. 52
7. During the term of a lease, the public entity shall 53
be responsible for direct expenses related to the facility 54
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or any part of the facility leased, including utilities, 55
insurance, maintenance, property taxes, and repairs. 56
8. If a public entity plans to sell an unused facility 57
that it has purchased, it shall first offer the facility to 58
the school district from which it was purchased. Such offer 59
shall be governed by the procedures set forth in this 60
section. 61
9. As used in this section, the following terms mean: 62
(1) "Public entity", the state of Missouri; any 63
political subdivision of the state, including all boards, 64
commissions, agencies, institutions, authorities, and bodies 65
politic and corporate of the state created by or in 66
accordance with state law or regulations; or any institution 67
supported in whole or in part by public funds; 68
(2) "School board-approved written plan", a written 69
plan that is approved by the school board for future use of 70
an unused school building or facility owned by the school 71
district and that specifies purposes for which such building 72
or facility shall be used by the school within two years of 73
the plan's approval, such as academic purposes, 74
extracurricular activities, administrative school functions, 75
or sports; 76
(3) "Unused facility", a school building or facility 77
that is owned by a school district and is not used for 78
academic purposes, extracurricular activities, 79
administrative school functions, or sports, and for which 80
either of the following is true: 81
(a) The school district does not have a school board- 82
approved written plan for future use of the building or 83
facility; or 84
(b) The school district has a school board-approved 85
written plan for future use of the building or facility, but 86
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such plan has not been executed within two years of the 87
plan's approval. 88
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