Bill Text: AZ SB1100 | 2014 | Fifty-first Legislature 2nd Regular | Introduced
Bill Title: Schools; unused or underused buildings
Spectrum: Partisan Bill (Republican 15-0)
Status: (Introduced - Dead) 2014-03-03 - Senate Committee of the Whole action: Retained [SB1100 Detail]
Download: Arizona-2014-SB1100-Introduced.html
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REFERENCE TITLE: schools; unused or underused buildings |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SB 1100 |
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Introduced by Senators Yee, Murphy, Ward; Representatives Livingston, Montenegro: Senators Barto, Farnsworth D, Griffin, Melvin, Worsley, Yarbrough; Representatives Gray, Lesko, Pratt, Townsend
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AN ACT
amending section 15‑189, Arizona Revised Statutes; relating to school buildings.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-189, Arizona Revised Statutes, is amended to read:
15-189. Charter schools; vacant buildings list; reports; leases; sales; used equipment
A. The department of education, in conjunction with the department of administration, shall annually publish a list of vacant and unused buildings and vacant and unused portions of buildings that are owned by this state or by school districts in this state and that may be suitable for the operation of a charter school. The department of education shall make the list available to applicants for charter schools and to existing charter schools. The list shall include the address of each building, a short description of the building and the name of the owner of the building. Nothing in this section requires the owner of a building on the list to sell or lease the building or a portion of the building to a charter school or to any other school or to any other prospective buyer or tenant. On or before July 1 of each year, school districts shall report to the department of education any buildings that were unused during a school year. In 2014, school districts shall report to the department of education any buildings that were vacant in school years 2011-2012, 2012-2013 and 2013-2014 and that remain vacant. If a school district lists a building as unused for two consecutive years, the building shall remain on the list for at least forty‑eight months or until a lease or sale is completed, whichever occurs first.
B. If, according to reports provided to the department of education by the school district, a school district building was unused during the 2012‑2013 school year or if the building was operating at fifty per cent or less capacity in 2011‑2012 and 2012‑2013 according to the school facilities board, the school district shall make the unused school building available for lease or sale to charter schools and private schools. If a school district does not receive a bid from or enter into an agreement with a charter school or a private school within one year after the building becomes vacant, the school district shall sell the building to the highest bidder.
C. If a charter school or private school notifies a school district that the charter school or private school wants to lease or purchase a building or part of a building that has been unused for two consecutive years, the school district or entity that owns the building shall enter into a sale or lease agreement with the purchaser or lessee of the school district's choice. The lease or sale must include ingress to and egress from the building and, if the charter school or private school is leasing part of an unused building, the right to access and use common areas shared by all tenants and users of the building. If a charter school or private school leases or purchases an entire building pursuant to this subsection, the charter school or private school may encumber the building with mortgages for debt to make improvements to the building and the school district or other entity that enters into the lease shall subordinate its interest in the lease to the debt encumbering the building. During the term of a lease, the charter school or private school is responsible for the direct expenses related to the building or part of the building leased, including utilities, insurance, maintenance, property taxes and repairs attributable to the building or part of the building leased by the charter school or private school.
D. A school district, this state or any other entity that owns a school district building shall publicly identify the amount of debt owed on any building about which a potential buyer has inquired within seven days after the inquiry. If a charter school or private school offers to buy a building that is owned or operated by a school district, the charter school or private school shall complete the transfer of the building for a price negotiated with the school district or other entity within one year after the date of making a written offer of purchase. If a charter school or private school purchases a former school district building for an amount that is less than the appraised value of the building, the charter school or private school shall not resell the building within five years at a price that exceeds the sum of the original purchase price, any debt encumbering the building, real estate commissions and closing costs, unless the purchaser was a charter school and that charter school's charter was subsequently revoked by the charter school sponsor.
E. A school district shall not lease a vacant school building back to that school district or to another entity that is affiliated with that school district.
B. F. A school district may sell used equipment to a charter school before the school district attempts to sell or dispose of the equipment by other means.
