Bill Text: IA SSB3112 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the powers of educational institutions, political subdivisions, and certain other governmental entities regarding the sale, lease, or transfer of property for educational purposes.(See SF 2333.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-13 - Committee report approving bill, renumbered as SF 2333. [SSB3112 Detail]
Download: Iowa-2023-SSB3112-Introduced.html
Senate
Study
Bill
3112
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
GREEN)
A
BILL
FOR
An
Act
relating
to
the
powers
of
educational
institutions,
1
political
subdivisions,
and
certain
other
governmental
2
entities
regarding
the
sale,
lease,
or
transfer
of
property
3
for
educational
purposes.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
218.94,
subsection
1,
Code
2024,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
d.
Any
sale,
lease,
or
transfer
of
a
3
building
belonging
to
the
state
training
school
shall
be
4
subject
to
the
same
limitations
prescribed
for
public
and
5
nonpublic
schools
in
section
280.36.
6
Sec.
2.
Section
256E.7,
subsection
1,
paragraph
g,
Code
7
2024,
is
amended
to
read
as
follows:
8
g.
Acquire
from
public
or
private
sources
real
property
for
9
use
as
a
charter
school
or
a
facility
directly
related
to
the
10
operations
of
the
charter
school
,
subject
to
the
provisions
of
11
section
280.36
.
12
Sec.
3.
Section
260C.19,
Code
2024,
is
amended
to
read
as
13
follows:
14
260C.19
Acquisition
of
sites
and
buildings
——
disposition
.
15
1.
Boards
of
directors
of
merged
areas
may
acquire
sites
16
and
erect
and
equip
buildings
for
use
by
community
colleges
and
17
may
contract
indebtedness
and
issue
bonds
to
raise
funds
for
18
such
purposes.
19
2.
The
sale,
lease,
or
transfer
of
a
building
owned
by
20
a
community
college
shall
be
subject
to
the
limitations
21
prescribed
in
section
280.36.
22
Sec.
4.
Section
262.17,
Code
2024,
is
amended
to
read
as
23
follows:
24
262.17
Bidding
in
property.
25
In
case
of
a
sale
upon
execution,
the
premises
may
be
bid
26
off
in
the
name
of
the
board
of
regents,
for
the
benefit
of
27
the
institution
to
which
the
loan
belongs
,
subject
to
section
28
280.36
.
29
Sec.
5.
Section
262.18,
Code
2024,
is
amended
to
read
as
30
follows:
31
262.18
Deeds
in
trust.
32
Deeds
for
premises
so
acquired
shall
be
held
for
the
benefit
33
of
the
appropriate
institution
and
such
lands
shall
be
subject
34
to
lease
or
sale
the
same
as
other
lands
,
subject
to
section
35
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280.36
.
1
Sec.
6.
Section
279.41,
Code
2024,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
3.
The
disposition
of
the
property
under
4
this
section
is
subject
to
section
280.36.
5
Sec.
7.
NEW
SECTION
.
280.36
Political
subdivision
property
6
for
sale,
lease,
or
transfer.
7
1.
For
purposes
of
this
section:
8
a.
“Educational
institution”
means
any
of
the
following:
9
(1)
A
public
school
or
nonpublic
school.
10
(2)
An
institution
of
higher
learning
under
the
control
of
11
the
state
board
of
regents
pursuant
to
chapter
262.
12
(3)
A
community
college
established
under
chapter
260C.
13
(4)
The
state
training
school
established
in
chapter
233A.
14
(5)
An
accredited
private
institution
as
defined
in
section
15
256.183.
16
b.
“Political
subdivision”
includes
a
county,
city,
17
township,
school
district,
an
institution
governed
by
the
18
department
of
health
and
human
services
under
chapter
218,
19
or
the
governing
body
of
an
educational
institution,
any
20
authority,
agency,
board,
or
commission
of
any
such
entity,
21
and
a
public
body
acting
or
purporting
to
act
in
a
commercial,
22
business,
economic
development,
or
similar
capacity
for
any
23
such
entity.
24
2.
Except
as
otherwise
provided
in
this
section,
a
25
political
subdivision
shall
not
adopt,
enforce,
or
administer
26
an
ordinance,
policy,
or
resolution
that
prohibits
property
27
sold,
leased,
or
transferred
by
the
political
subdivision
from
28
being
used
for
any
lawful
educational
purpose
by
an
educational
29
institution.
30
3.
A
educational
institution
shall
not
sell
or
lease
for
31
a
period
of
more
than
one
year
any
building
belonging
to
the
32
educational
institution
unless
the
educational
institution
33
has
first
provided
an
opportunity
for
other
educational
34
institutions
to
bid
for
the
purchase
of
the
building.
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4.
A
political
subdivision
shall
not
impose
or
enforce
1
any
deed
restriction
that
prohibits
property
sold,
leased,
or
2
transferred
by
the
political
subdivision
from
being
used
for
3
any
lawful
educational
purpose
by
an
educational
institution.
4
5.
If
a
political
subdivision
offers
property
of
the
5
political
subdivision
for
sale,
lease,
or
transfer,
the
6
political
subdivision
shall
not
refuse
to
sell,
lease,
or
7
transfer
the
property
to
an
educational
institution
solely
8
because
the
educational
institution
intends
to
use
the
property
9
for
an
educational
purpose.
A
deed
restriction
violating
this
10
subsection
shall
be
void
and
severable
from
the
deed
and
the
11
deed
may
continue
as
valid.
12
Sec.
8.
Section
297.15,
subsection
1,
Code
2024,
is
amended
13
to
read
as
follows:
14
1.
Any
sale,
lease,
or
transfer
of
real
estate
,
owned
15
by
a
school
district
,
containing
less
than
two
acres
,
and
16
situated
wholly
outside
of
a
city,
and
not
adjacent
thereto,
17
and
heretofore
used
as
a
schoolhouse
site
shall
provide
18
an
educational
institution
with
the
right
of
first
refusal
19
as
provided
in
section
280.36.
If
the
real
estate
is
not
20
purchased
or
leased
by
or
transferred
to
an
educational
21
institution,
the
real
estate
shall
revert
to
the
then
owner
22
of
the
tract
from
which
the
same
was
taken,
provided
that
23
said
owner
of
the
tract
last
aforesaid
shall,
within
the
time
24
hereinafter
prescribed,
pay
the
value
thereof
to
such
school
25
district.
26
Sec.
9.
Section
297.22,
subsection
1,
paragraph
a,
Code
27
2024,
is
amended
to
read
as
follows:
28
a.
The
Subject
to
section
280.36,
the
board
of
directors
29
of
a
school
district
may
sell,
lease,
or
dispose
of,
in
whole
30
or
in
part,
a
schoolhouse,
school
site,
or
other
property
31
belonging
to
the
district.
If
the
real
property
contains
less
32
than
two
acres,
is
located
outside
of
a
city,
is
not
adjacent
33
to
a
city,
and
was
previously
used
as
a
schoolhouse
site,
the
34
procedure
contained
in
sections
297.15
through
297.20
shall
be
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followed
in
lieu
of
this
section
.
1
Sec.
10.
Section
297.22,
subsection
2,
paragraph
a,
Code
2
2024,
is
amended
to
read
as
follows:
3
a.
The
Subject
to
section
280.36,
the
board
of
directors
of
4
a
school
district
may
sell,
lease,
exchange,
give,
or
grant,
5
and
accept
any
interest
in
real
property
to,
with,
or
from
6
a
county,
municipal
corporation,
school
district,
township,
7
or
area
education
agency
if
the
real
property
is
within
the
8
jurisdiction
of
both
the
grantor
and
grantee.
9
Sec.
11.
Section
331.301,
Code
2024,
is
amended
by
adding
10
the
following
new
subsection:
11
NEW
SUBSECTION
.
23.
a.
Except
as
otherwise
provided
12
in
this
subsection,
a
county
shall
not
adopt,
enforce,
or
13
administer
an
ordinance,
policy,
or
resolution
that
prohibits
14
property
sold,
leased,
or
transferred
by
the
county
from
being
15
used
for
any
lawful
educational
purpose
by
an
educational
16
institution.
17
b.
A
county
shall
not
adopt
or
enforce
any
deed
restriction
18
that
prohibits
property
sold,
leased,
or
transferred
by
the
19
county
from
being
used
for
any
lawful
educational
purpose
by
an
20
educational
institution.
21
c.
If
a
county
offers
property
of
the
county
for
sale,
22
lease,
or
rent,
the
county
must
first
provide
an
opportunity
23
for
an
educational
institution
to
bid
for
the
purchase
of
the
24
property.
A
county
shall
not
refuse
to
sell,
lease,
or
rent
25
the
property
to
an
educational
institution
solely
because
the
26
educational
institution
intends
to
use
the
property
for
an
27
educational
purpose.
28
d.
For
purposes
of
this
subsection,
“educational
29
institution”
means
the
same
as
defined
in
section
280.36.
30
Sec.
12.
Section
359.37,
Code
2024,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
3.
a.
Except
as
otherwise
provided
in
this
33
subsection,
a
township
shall
not
adopt,
enforce,
or
administer
34
a
policy
or
resolution
that
prohibits
property
sold,
leased,
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or
transferred
by
the
township
from
being
used
for
any
lawful
1
educational
purpose
by
an
educational
institution.
2
b.
A
township
shall
not
adopt
or
enforce
any
deed
3
restriction
that
prohibits
property
sold,
leased,
or
4
transferred
by
the
township
from
being
used
for
any
lawful
5
educational
purpose
by
an
educational
institution.
6
c.
If
a
township
offers
property
of
the
township
for
7
sale,
lease,
or
transfer,
the
township
must
first
provide
an
8
opportunity
for
an
educational
institution
to
bid
for
the
9
purchase
of
the
property.
A
township
shall
not
refuse
to
sell,
10
lease,
or
rent
the
property
to
an
educational
institution
11
solely
because
the
educational
institution
intends
to
use
the
12
property
for
an
educational
purpose.
13
d.
For
purposes
of
this
subsection,
“educational
14
institution”
means
the
same
as
defined
in
section
280.36.
15
Sec.
13.
Section
364.3,
Code
2024,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
18.
a.
Except
as
otherwise
provided
in
18
this
subsection,
a
city
shall
not
adopt,
enforce,
or
administer
19
an
ordinance,
policy,
or
resolution
that
prohibits
property
20
sold,
leased,
or
transferred
by
the
city
from
being
used
for
21
any
lawful
educational
purpose
by
an
educational
institution.
22
b.
A
city
shall
not
adopt
or
enforce
any
deed
restriction
23
that
prohibits
property
sold,
leased,
or
transferred
by
the
24
city
from
being
used
for
any
lawful
educational
purpose
by
an
25
educational
institution.
26
c.
If
a
city
offers
property
of
the
city
for
sale,
lease,
27
or
transfer,
the
city
must
first
provide
an
opportunity
for
28
an
educational
institution
to
bid
for
the
purchase
of
the
29
property.
A
city
shall
not
refuse
to
sell,
lease,
or
rent
30
the
property
to
an
educational
institution
solely
because
the
31
educational
institution
intends
to
use
the
property
for
an
32
educational
purpose.
33
d.
For
purposes
of
this
subsection,
“educational
34
institution”
means
the
same
as
defined
in
section
280.36.
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EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
the
power
of
political
subdivisions
4
regarding
the
sale,
lease,
or
transfer
of
property
for
5
educational
purposes.
A
political
subdivision
includes
6
a
county,
city,
township,
school
district,
an
institution
7
governed
by
the
department
of
health
and
human
services
under
8
Code
chapter
218,
or
the
governing
body
of
an
educational
9
institution,
as
defined
in
the
bill,
including
any
authority,
10
agency,
board,
or
commission
of
any
such
entity.
Political
11
subdivisions
are
prohibited
from
adopting
and
enforcing
an
12
ordinance,
policy,
or
resolution
prohibiting
the
sale,
lease,
13
or
transfer
of
property
to
an
educational
institution
solely
14
because
the
educational
institution
intends
to
use
the
property
15
for
a
lawful
educational
purpose.
A
political
subdivision
16
offering
property
for
sale,
lease,
or
transfer
is
required
17
to
provide
an
educational
institution
with
a
right
of
first
18
refusal.
19
The
bill
provides
an
educational
institution
the
right
of
20
first
refusal
of
any
real
estate
of
less
than
two
acres
outside
21
the
limits
of
a
city
that
is
owned
by
a
school
district
before
22
the
real
estate
reverts
to
the
owner
of
the
tract
from
whom
it
23
was
taken.
24
The
bill
prohibits
a
county,
city,
or
township
from
adopting
25
or
enforcing
a
deed
restriction
that
prohibits
property
sold,
26
leased,
or
transferred
by
the
political
subdivision
from
being
27
used
for
any
lawful
educational
purpose
by
an
educational
28
institution.
29
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