Bill Text: OH HB381 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: With respect to offering school district property to state universities.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Introduced - Dead) 2011-11-15 - To Education [HB381 Detail]

Download: Ohio-2011-HB381-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 381

Representative Slaby 

Cosponsors: Representatives Combs, Hackett, Letson, Roegner, Terhar 

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A BILL

To amend section 3313.41 of the Revised Code with

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respect to offering school district property to

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state universities.

3

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

Section 1.  That section 3313.41 of the Revised Code be	4
amended 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; or to the board of trustees of a	35
school district library, upon such terms as are agreed upon. The	36
sale of real or personal property to the board of trustees of a	37
school district library is limited, in the case of real property,	38
to a school district library within whose boundaries the real	39
property is situated, or, in the case of personal property, to a	40
school district library whose boundaries lie in whole or in part	41
within the school district of the selling board of education.	42

(D) When a board of education decides to trade as a part or	43
an entire consideration, an item of personal property on the	44
purchase price of an item of similar personal property, it may	45
trade the same upon such terms as are agreed upon by the parties	46
to the trade.	47

(E) The president and the treasurer of the board of education	48
shall execute and deliver deeds or other necessary instruments of	49
conveyance to complete any sale or trade under this section.	50

(F) When a board of education has identified a parcel of real	51
property that it determines is needed for school purposes, the	52
board may, upon a majority vote of the members of the board,	53
acquire that property by exchanging real property that the board	54
owns in its corporate capacity for the identified real property or	55
by using real property that the board owns in its corporate	56
capacity as part or an entire consideration for the purchase price	57
of the identified real property. Any exchange or acquisition made	58
pursuant to this division shall be made by a conveyance executed	59
by the president and the treasurer of the board.	60

(G) When a school district board of education decides to	61
dispose of real property, prior to disposing of that property	62
under divisions (A) to (F) of this section, it shall firsttake	63
the following actions in the following order:	64

(1) First, the district board shall offer that property, in	65
either or both of the following manners, to the board of trustees	66
of the state university, as defined in section 3345.011 of the	67
Revised Code, or the northeast Ohio medical university, having its	68
main campus or a branch campus located within the territory of the	69
school district:	70

(a) In an "as is" condition in return for an agreement	71
between the board of trustees and the school district board, under	72
which the university will provide the school district with in-kind	73
services, educational programs, or other assistance valued in the	74
aggregate in an amount reasonably related to the appraised fair	75
market value of the property;	76

(b) For sale for money at a price that is not higher than the	77
appraised fair market value of that property.	78

If the board of trustees does not accept either offer, or if	79
an agreement is not entered into between the school district board	80
and the board of trustees, within sixty days after the offer is	81
made by the district board, the district board then shall offer	82
the property for sale as provided in division (G)(2) of this	83
section.	84

(2) Second, the district board next shall offer that property	85
for sale to the governing authorities of the start-up community	86
schools established under Chapter 3314. of the Revised Code	87
located within the territory of the school district, at a price	88
that is not higher than the appraised fair market value of that	89
property. If more than one community school governing authority	90
accepts the offer made by the school district board, the board	91
shall sell the property to the governing authority that accepted	92
the offer first in time. If no community school governing	93
authority accepts the offer within sixty days after the offer is	94
made by the school district board, the board may dispose of the	95
property in the applicable manner prescribed under divisions (A)	96
to (F) of this section.	97

(H) When a school district board of education has property	98
that the board, by resolution, finds is not needed for school	99
district use, is obsolete, or is unfit for the use for which it	100
was acquired, the board may donate that property in accordance	101
with this division if the fair market value of the property is, in	102
the opinion of the board, two thousand five hundred dollars or	103
less.	104

The property may be donated to an eligible nonprofit	105
organization that is located in this state and is exempt from	106
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).	107
Before donating any property under this division, the board shall	108
adopt a resolution expressing its intent to make unneeded,	109
obsolete, or unfit-for-use school district property available to	110
these organizations. The resolution shall include guidelines and	111
procedures the board considers to be necessary to implement the	112
donation program and shall indicate whether the school district	113
will conduct the donation program or the board will contract with	114
a representative to conduct it. If a representative is known when	115
the resolution is adopted, the resolution shall provide contact	116
information such as the representative's name, address, and	117
telephone number.	118

The resolution shall include within its procedures a	119
requirement that any nonprofit organization desiring to obtain	120
donated property under this division shall submit a written notice	121
to the board or its representative. The written notice shall	122
include evidence that the organization is a nonprofit organization	123
that is located in this state and is exempt from federal income	124
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of	125
the organization's primary purpose; a description of the type or	126
types of property the organization needs; and the name, address,	127
and telephone number of a person designated by the organization's	128
governing board to receive donated property and to serve as its	129
agent.	130

After adoption of the resolution, the board shall publish, in	131
a newspaper of general circulation in the school district or as	132
provided in section 7.16 of the Revised Code, notice of its intent	133
to donate unneeded, obsolete, or unfit-for-use school district	134
property to eligible nonprofit organizations. The notice shall	135
include a summary of the information provided in the resolution	136
and shall be published twice. The second notice shall be published	137
not less than ten nor more than twenty days after the previous	138
notice. A similar notice also shall be posted continually in the	139
board's office. If the school district maintains a web site on the	140
internet, the notice shall be posted continually at that web site.	141

The board or its representatives shall maintain a list of all	142
nonprofit organizations that notify the board or its	143
representative of their desire to obtain donated property under	144
this division and that the board or its representative determines	145
to be eligible, in accordance with the requirements set forth in	146
this section and in the donation program's guidelines and	147
procedures, to receive donated property.	148

The board or its representative also shall maintain a list of	149
all school district property the board finds to be unneeded,	150
obsolete, or unfit for use and to be available for donation under	151
this division. The list shall be posted continually in a	152
conspicuous location in the board's office, and, if the school	153
district maintains a web site on the internet, the list shall be	154
posted continually at that web site. An item of property on the	155
list shall be donated to the eligible nonprofit organization that	156
first declares to the board or its representative its desire to	157
obtain the item unless the board previously has established, by	158
resolution, a list of eligible nonprofit organizations that shall	159
be given priority with respect to the item's donation. Priority	160
may be given on the basis that the purposes of a nonprofit	161
organization have a direct relationship to specific school	162
district purposes of programs provided or administered by the	163
board. A resolution giving priority to certain nonprofit	164
organizations with respect to the donation of an item of property	165
shall specify the reasons why the organizations are given that	166
priority.	167

Members of the board shall consult with the Ohio ethics	168
commission, and comply with Chapters 102. and 2921. of the Revised	169
Code, with respect to any donation under this division to a	170
nonprofit organization of which a board member, any member of a	171
board member's family, or any business associate of a board member	172
is a trustee, officer, board member, or employee.	173

Section 2.  That existing section 3313.41 of the Revised Code	174
is hereby repealed.	175