Bill Text: IA SF2333 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the powers of public and nonpublic schools and political subdivisions regarding the sale, lease, or transfer of real property for educational purposes.(Formerly SSB 3112.)
Spectrum: Committee Bill
Status: (Introduced) 2024-03-06 - Amendment S-5053 filed. S.J. 460. [SF2333 Detail]
Download: Iowa-2023-SF2333-Introduced.html
Senate
File
2333
-
Introduced
SENATE
FILE
2333
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
SSB
3112)
A
BILL
FOR
An
Act
relating
to
the
powers
of
public
and
nonpublic
schools
1
and
political
subdivisions
regarding
the
sale,
lease,
or
2
transfer
of
real
property
for
educational
purposes.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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2333
Section
1.
Section
279.41,
Code
2024,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
3.
The
disposition
of
real
property
3
containing
a
building
or
structure
under
this
section
is
4
subject
to
section
280.36.
5
Sec.
2.
NEW
SECTION
.
280.36
Political
subdivision
property
6
for
sale,
lease,
or
transfer.
7
1.
For
purposes
of
this
section,
“political
subdivision”
8
includes
a
county,
city,
or
township.
9
2.
Except
as
otherwise
provided
in
this
section,
a
political
10
subdivision
shall
not
adopt,
enforce,
or
administer
an
11
ordinance,
policy,
or
resolution
that
prohibits
real
property
12
containing
a
building
or
structure
sold,
leased,
or
transferred
13
by
a
public
school
from
being
used
for
any
lawful
educational
14
purpose
by
a
nonpublic
school.
15
3.
A
political
subdivision
shall
not
impose
or
enforce
16
any
deed
restriction
that
prohibits
real
property
containing
17
a
building
or
structure
sold,
leased,
or
transferred
by
18
the
political
subdivision
from
being
used
for
any
lawful
19
educational
purpose
by
a
public
school
or
a
nonpublic
school.
20
4.
If
a
nonpublic
school
is
the
highest
bidder
for
the
21
purchase
of
real
property
containing
a
building
or
structure,
22
the
public
school
shall
sell
the
property
to
the
nonpublic
23
school.
24
5.
A
public
school
or
a
nonpublic
school
shall
not
implement
25
a
deed
restriction
that
prohibits
a
public
school
or
a
26
nonpublic
school
from
bidding
on
or
purchasing
real
property
27
containing
a
building
or
structure.
A
deed
restriction
28
violating
this
subsection
shall
be
void
and
severable
from
the
29
deed
and
the
deed
may
continue
as
valid.
30
Sec.
3.
Section
297.15,
subsection
1,
Code
2024,
is
amended
31
to
read
as
follows:
32
1.
Any
sale,
lease,
or
transfer
of
real
estate
,
owned
33
by
a
school
district
,
containing
less
than
two
acres
,
and
34
situated
wholly
outside
of
a
city,
and
not
adjacent
thereto,
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and
heretofore
used
as
a
schoolhouse
site
shall
must
be
in
1
accordance
with
section
280.36.
If
the
real
estate
is
not
2
purchased
or
leased
by
or
transferred
to
a
public
school
or
a
3
nonpublic
school,
the
building
or
structure
shall
revert
to
the
4
then
owner
of
the
tract
from
which
the
same
was
taken,
provided
5
that
said
owner
of
the
tract
last
aforesaid
shall,
within
the
6
time
hereinafter
prescribed,
pay
the
value
thereof
to
such
7
school
district.
8
Sec.
4.
Section
297.22,
subsection
1,
paragraph
a,
Code
9
2024,
is
amended
to
read
as
follows:
10
a.
The
Subject
to
section
280.36,
the
board
of
directors
11
of
a
school
district
may
sell,
lease,
or
dispose
of,
in
whole
12
or
in
part,
a
schoolhouse,
school
site,
or
other
property
13
belonging
to
the
district.
If
the
real
property
contains
less
14
than
two
acres,
is
located
outside
of
a
city,
is
not
adjacent
15
to
a
city,
and
was
previously
used
as
a
schoolhouse
site,
the
16
procedure
contained
in
sections
297.15
through
297.20
shall
be
17
followed
in
lieu
of
this
section
.
18
Sec.
5.
Section
297.22,
subsection
2,
paragraph
a,
Code
19
2024,
is
amended
to
read
as
follows:
20
a.
The
Subject
to
section
280.36,
the
board
of
directors
of
21
a
school
district
may
sell,
lease,
exchange,
give,
or
grant,
22
and
accept
any
interest
in
real
property
to,
with,
or
from
23
a
county,
municipal
corporation,
school
district,
township,
24
or
area
education
agency
if
the
real
property
is
within
the
25
jurisdiction
of
both
the
grantor
and
grantee.
26
Sec.
6.
Section
331.301,
Code
2024,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
23.
a.
Except
as
otherwise
provided
29
in
this
subsection,
a
county
shall
not
adopt,
enforce,
or
30
administer
an
ordinance,
policy,
or
resolution
that
prohibits
31
real
property
containing
a
building
or
structure
sold,
leased,
32
or
transferred
by
the
county
from
being
used
for
any
lawful
33
educational
purpose
by
a
public
school
or
a
nonpublic
school.
34
b.
A
county
shall
not
adopt
or
enforce
any
deed
restriction
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that
prohibits
real
property
containing
a
building
or
structure
1
sold,
leased,
or
transferred
by
the
county
from
being
used
2
for
any
lawful
educational
purpose
by
a
public
school
or
a
3
nonpublic
school.
4
Sec.
7.
Section
359.37,
Code
2024,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
3.
a.
Except
as
otherwise
provided
in
this
7
subsection,
a
township
shall
not
adopt,
enforce,
or
administer
8
a
policy
or
resolution
that
prohibits
real
property
containing
9
a
building
or
structure
sold,
leased,
or
transferred
by
the
10
township
from
being
used
for
any
lawful
educational
purpose
by
11
a
public
school
or
a
nonpublic
school.
12
b.
A
township
shall
not
adopt
or
enforce
any
deed
13
restriction
that
prohibits
real
property
containing
a
building
14
or
structure
sold,
leased,
or
transferred
by
the
township
from
15
being
used
for
any
lawful
educational
purpose
by
a
public
16
school
or
a
nonpublic
school.
17
Sec.
8.
Section
364.3,
Code
2024,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
18.
a.
Except
as
otherwise
provided
in
20
this
subsection,
a
city
shall
not
adopt,
enforce,
or
administer
21
an
ordinance,
policy,
or
resolution
that
prohibits
real
22
property
containing
a
building
or
structure
sold,
leased,
23
or
transferred
by
the
city
from
being
used
for
any
lawful
24
educational
purpose
by
a
public
school
or
a
nonpublic
school.
25
b.
A
city
shall
not
adopt
or
enforce
any
deed
restriction
26
that
prohibits
real
property
containing
a
building
or
structure
27
sold,
leased,
or
transferred
by
the
city
from
being
used
28
for
any
lawful
educational
purpose
by
a
public
school
or
a
29
nonpublic
school.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
the
power
of
public
and
nonpublic
34
schools
and
political
subdivisions
regarding
the
sale,
lease,
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2333
or
transfer
of
property
for
educational
purposes.
A
political
1
subdivision
includes
a
county,
city,
or
township.
Political
2
subdivisions
are
prohibited
from
adopting
and
enforcing
3
an
ordinance,
policy,
or
resolution
prohibiting
the
sale,
4
lease,
or
transfer
of
real
property
containing
a
building
or
5
structure
to
a
public
or
nonpublic
school
solely
because
the
6
public
or
nonpublic
school
intends
to
use
the
property
for
a
7
lawful
educational
purpose.
The
bill
prohibits
a
political
8
subdivision,
public
school,
or
nonpublic
school
from
adopting
9
or
enforcing
a
deed
restriction
prohibiting
a
public
or
10
nonpublic
school
from
bidding
on
or
purchasing
real
property
11
containing
a
building
or
structure
or
using
such
property,
12
once
acquired,
for
any
lawful
educational
purpose.
If
a
13
public
school
is
accepting
bids
for
a
real
property
containing
14
a
building
or
structure
and
a
nonpublic
school
submits
the
15
highest
bid,
the
public
school
shall
sell
the
property
to
the
16
nonpublic
school.
17
The
bill
provides
a
public
school
and
nonpublic
school
18
the
opportunity
to
purchase
or
lease
property
of
less
than
19
two
acres
outside
the
limits
of
a
city
that
is
owned
by
a
20
school
district
before
the
former
owner
of
the
real
estate
may
21
purchase
the
property.
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