Bill Text: OH HB375 | 2011-2012 | 129th General Assembly | Engrossed

Ohio House Bill 375 (Prior Session Legislation)

Bill Title: Regarding the sale of real property by school districts.

Spectrum: Moderate Partisan Bill (Republican 16-2)

Status: (Engrossed - Dead) 2012-09-12 - Conference Committee [HB375 Detail]

Download: Ohio-2011-HB375-Engrossed.html

As Passed by the Senate

129th General Assembly

Regular Session

2011-2012

Am. H. B. No. 375

Representative Butler

Cosponsors: Representatives Stebelton, Rosenberger, Henne, Gonzales, Uecker, Reece, Adams, J., Terhar, Thompson, Blessing, Hill, Huffman, Lynch, Martin, Ramos, Roegner Speaker Batchelder

A BILL

To amend section 3313.41 and to enact section

3313.412 of the Revised Code regarding the sale

of real property by school districts.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3313.41 be amended and section	4
3313.412 of the Revised Code be enacted to read as follows:	5

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	6
(F), and (G) of this section, when a board of education decides to	7
dispose of real or personal property that it owns in its corporate	8
capacity and that exceeds in value ten thousand dollars, it shall	9
sell the property at public auction, after giving at least thirty	10
days' notice of the auction by publication in a newspaper of	11
general circulation in the school district, by publication as	12
provided in section 7.16 of the Revised Code, or by posting	13
notices in five of the most public places in the school district	14
in which the property, if it is real property, is situated, or, if	15
it is personal property, in the school district of the board of	16
education that owns the property. The board may offer real	17
property for sale as an entire tract or in parcels.	18

(B) When the board of education has offered real or personal	19
property for sale at public auction at least once pursuant to	20
division (A) of this section, and the property has not been sold,	21
the board may sell it at a private sale. Regardless of how it was	22
offered at public auction, at a private sale, the board shall, as	23
it considers best, sell real property as an entire tract or in	24
parcels, and personal property in a single lot or in several lots.	25

(C) If a board of education decides to dispose of real or	26
personal property that it owns in its corporate capacity and that	27
exceeds in value ten thousand dollars, it may sell the property to	28
the adjutant general; to any subdivision or taxing authority as	29
respectively defined in ~~divisions (A) and (C) of~~ section 5705.01	30
of the Revised Code, township park district, board of park	31
commissioners established under Chapter 755. of the Revised Code,	32
or park district established under Chapter 1545. of the Revised	33
Code; to a wholly or partially tax-supported university,	34
university branch, or college; to a nonprofit institution of	35
higher education that has a certificate of authorization under	36
Chapter 1713. of the Revised Code; or to the board of trustees of	37
a school district library, upon such terms as are agreed upon. The	38
sale of real or personal property to the board of trustees of a	39
school district library is limited, in the case of real property,	40
to a school district library within whose boundaries the real	41
property is situated, or, in the case of personal property, to a	42
school district library whose boundaries lie in whole or in part	43
within the school district of the selling board of education.	44

(D) When a board of education decides to trade as a part or	45
an entire consideration, an item of personal property on the	46
purchase price of an item of similar personal property, it may	47
trade the same upon such terms as are agreed upon by the parties	48
to the trade.	49

(E) The president and the treasurer of the board of education	50
shall execute and deliver deeds or other necessary instruments of	51
conveyance to complete any sale or trade under this section.	52

(F) When a board of education has identified a parcel of real	53
property that it determines is needed for school purposes, the	54
board may, upon a majority vote of the members of the board,	55
acquire that property by exchanging real property that the board	56
owns in its corporate capacity for the identified real property or	57
by using real property that the board owns in its corporate	58
capacity as part or an entire consideration for the purchase price	59
of the identified real property. Any exchange or acquisition made	60
pursuant to this division shall be made by a conveyance executed	61
by the president and the treasurer of the board.	62

(G) When a school district board of education decides to	63
dispose of real property, prior to disposing of that property	64
under divisions (A) to (F) of this section, it shall first offer	65
that property for sale to the governing authorities of the	66
start-up community schools established under Chapter 3314. of the	67
Revised Code located within the territory of the school district,	68
at a price that is not higher than the appraised fair market value	69
of that property. If more than one community school governing	70
authority accepts the offer made by the school district board, the	71
board shall sell the property to the governing authority that	72
accepted the offer first in time. If no community school governing	73
authority accepts the offer within sixty days after the offer is	74
made by the school district board, the board may dispose of the	75
property in the applicable manner prescribed under divisions (A)	76
to (F) of this section.	77

(H) When a school district board of education has property	78
that the board, by resolution, finds is not needed for school	79
district use, is obsolete, or is unfit for the use for which it	80
was acquired, the board may donate that property in accordance	81
with this division if the fair market value of the property is, in	82
the opinion of the board, two thousand five hundred dollars or	83
less.	84

The property may be donated to an eligible nonprofit	85
organization that is located in this state and is exempt from	86
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	87
Before donating any property under this division, the board shall	88
adopt a resolution expressing its intent to make unneeded,	89
obsolete, or unfit-for-use school district property available to	90
these organizations. The resolution shall include guidelines and	91
procedures the board considers to be necessary to implement the	92
donation program and shall indicate whether the school district	93
will conduct the donation program or the board will contract with	94
a representative to conduct it. If a representative is known when	95
the resolution is adopted, the resolution shall provide contact	96
information such as the representative's name, address, and	97
telephone number.	98

The resolution shall include within its procedures a	99
requirement that any nonprofit organization desiring to obtain	100
donated property under this division shall submit a written notice	101
to the board or its representative. The written notice shall	102
include evidence that the organization is a nonprofit organization	103
that is located in this state and is exempt from federal income	104
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	105
the organization's primary purpose; a description of the type or	106
types of property the organization needs; and the name, address,	107
and telephone number of a person designated by the organization's	108
governing board to receive donated property and to serve as its	109
agent.	110

After adoption of the resolution, the board shall publish, in	111
a newspaper of general circulation in the school district or as	112
provided in section 7.16 of the Revised Code, notice of its intent	113
to donate unneeded, obsolete, or unfit-for-use school district	114
property to eligible nonprofit organizations. The notice shall	115
include a summary of the information provided in the resolution	116
and shall be published twice. The second notice shall be published	117
not less than ten nor more than twenty days after the previous	118
notice. A similar notice also shall be posted continually in the	119
board's office. If the school district maintains a web site on the	120
internet, the notice shall be posted continually at that web site.	121

The board or its representatives shall maintain a list of all	122
nonprofit organizations that notify the board or its	123
representative of their desire to obtain donated property under	124
this division and that the board or its representative determines	125
to be eligible, in accordance with the requirements set forth in	126
this section and in the donation program's guidelines and	127
procedures, to receive donated property.	128

The board or its representative also shall maintain a list of	129
all school district property the board finds to be unneeded,	130
obsolete, or unfit for use and to be available for donation under	131
this division. The list shall be posted continually in a	132
conspicuous location in the board's office, and, if the school	133
district maintains a web site on the internet, the list shall be	134
posted continually at that web site. An item of property on the	135
list shall be donated to the eligible nonprofit organization that	136
first declares to the board or its representative its desire to	137
obtain the item unless the board previously has established, by	138
resolution, a list of eligible nonprofit organizations that shall	139
be given priority with respect to the item's donation. Priority	140
may be given on the basis that the purposes of a nonprofit	141
organization have a direct relationship to specific school	142
district purposes of programs provided or administered by the	143
board. A resolution giving priority to certain nonprofit	144
organizations with respect to the donation of an item of property	145
shall specify the reasons why the organizations are given that	146
priority.	147

Members of the board shall consult with the Ohio ethics	148
commission, and comply with Chapters 102. and 2921. of the Revised	149
Code, with respect to any donation under this division to a	150
nonprofit organization of which a board member, any member of a	151
board member's family, or any business associate of a board member	152
is a trustee, officer, board member, or employee.	153

Sec. 3313.412. (A) As used in this section, "casino	154
facility" has the same meaning as in section 3772.01 of the	155
Revised Code.	156

(B) This section applies to any school district that enrolls	157
more than thirty thousand students and was declared to be	158
effective in the performance ratings issued under section 3302.03	159
of the Revised Code for the 2009-2010 and 2010-2011 school years.	160

(C) Notwithstanding the requirements of sections 3313.41 and	161
3313.411 of the Revised Code, the board of education of a school	162
district to which this section applies, to support economic	163
development within the territory of the district, may sell to any	164
party any real property exceeding ten thousand dollars in value	165
that the board owns in its corporate capacity and that is located	166
within six-tenths of one mile from a casino facility.	167