HOUSE BILL NO. 2172 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TERRY.
4236H.03I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapters 160 and 162, RSMo, by adding thereto two new sections relating to property used by schools.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 160 and 162, RSMo, are amended by adding thereto two new 2 sections, to be known as sections 160.421 and 162.092, to read as follows: 160.421. 1. For purposes of this section, "political subdivision" shall include, but 2 not be limited to, municipalities, counties, and school districts. 3 2. A political subdivision shall not adopt, enforce, impose, or administer an 4 ordinance, local policy, or local resolution that prohibits property sold, leased, or 5 transferred by the political subdivision from being used by a charter public school for 6 any lawful educational purpose. 7 3. A political subdivision shall not impose, enforce, or apply any deed restriction, 8 property-use restriction, or other such restriction that expressly, or by its operation, 9 prohibits property sold, leased, or transferred by the political subdivision from being 10 used by a charter public school for any lawful educational purpose. Any deed 11 restriction, affirmative-use deed restriction, property-use restriction, or other such 12 restriction that affirmatively allows only for one or more specified uses or purposes that 13 do not include any educational use or purpose by a charter public school is prohibited 14 under this section. Any deed restriction, affirmative-use deed restriction, property-use 15 restriction, or other such restriction in effect on the effective date of this section that 16 prohibits or does not permit property previously used for any educational purpose from 17 being used for any future educational purpose by a charter public school is void.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2172 2
18 4. Any ordinance, policy, regulation, deed, use restriction, or contract made in 19 violation of this section shall be void from its inception. 162.092. 1. As used in this section, the following terms shall mean: 2 (1) "Public entity", the state of Missouri, any political subdivision of the state 3 including, but not limited to, all boards, commissions, agencies, institutions, authorities, 4 and bodies politic and corporate of the state created by or in accordance with state law 5 or regulations, or any institution supported in whole or in part by public funds; 6 (2) "Unused facility", a school building or facility owned by a school district that 7 is not used for academic purposes, extracurricular activities, administrative school 8 functions, or sports and for which the school district has no school-board-approved 9 written plan for future use. Such school-board-approved plan shall include academic 10 purposes, extracurricular activities, administrative functions, or sports to be used by the 11 school within two years of the plan's approval. If such school-board-approved plan is 12 not executed within two years of the plan's approval, such unused facility shall be 13 available for lease or purchase by a public entity. 14 2. If a school district extends an offer to purchase or lease an unused facility to a 15 party, other than a public entity, the contract shall include a provision that makes the 16 purchase or lease subject to the right of first refusal by a public entity. 17 3. If the offer to purchase or lease is accepted, the school district selling or 18 leasing the unused facility shall provide a public notice on its website stating: 19 (1) The unused facility is available for lease or purchase; 20 (2) The square footage of the unused facility; 21 (3) The contact information for the school district representative in charge of the 22 lease or sale; and 23 (4) The expiration date of the right of first refusal, which shall be sixty days after 24 the date of notification. 25 4. If two or more public entities notify the offering school district indicating an 26 interest in the unused facility to lease or purchase, the offering school district shall make 27 the final selection of the purchaser or lessee. 28 5. In right of first refusal negotiations with a public entity, it shall be the option 29 of the offering school district whether to sell or lease the property under consideration, 30 at fair market value or less, for a term to be agreed upon by the parties. A lease shall 31 include ingress to and egress from the facility, and where a part of a facility is leased, the 32 right to access and use the common area shared by all tenants and users of the facility. 33 If a public entity leases the entire facility, the public entity may incur debt to make 34 improvements to the facility, and the school district shall subordinate its interest in the 35 lease to such debt. HB 2172 3
36 6. The public entity shall have six months after the date of making a written 37 offer to complete the purchase or lease of the unused facility for a price negotiated with 38 the school district. 39 7. During the term of a lease, the public entity shall be responsible for direct 40 expenses related to the facility or any part of the facility leased, including utilities, 41 insurance, maintenance, property taxes, and repairs. 42 8. If a public entity plans to sell an unused facility that it has purchased, it shall 43 first offer the facility to the school district from which it was purchased. Such offer shall 44 be governed by the procedures set forth in this section. ✔
Statutes affected: