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Am. H. B. No. 375 As Passed by the SenateAs Passed by the Senate
129th General Assembly | Regular Session | 2011-2012 |
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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
3313.412 of the Revised Code be enacted to read as follows:
Sec. 3313.41. (A) Except as provided in divisions (C), (D),
(F), and (G) of this section, when a board of education decides to
dispose of real or personal property that it owns in its corporate
capacity and that exceeds in value ten thousand dollars, it shall
sell the property at public auction, after giving at least thirty
days' notice of the auction by publication in a newspaper of
general circulation in the school district, by publication as
provided in section 7.16 of the Revised Code, or by posting
notices in five of the most public places in the school district
in which the property, if it is real property, is situated, or, if
it is personal property, in the school district of the board of
education that owns the property. The board may offer real
property for sale as an entire tract or in parcels.
(B) When the board of education has offered real or personal
property for sale at public auction at least once pursuant to
division (A) of this section, and the property has not been sold,
the board may sell it at a private sale. Regardless of how it was
offered at public auction, at a private sale, the board shall, as
it considers best, sell real property as an entire tract or in
parcels, and personal property in a single lot or in several lots.
(C) If a board of education decides to dispose of real or
personal property that it owns in its corporate capacity and that
exceeds in value ten thousand dollars, it may sell the property to
the adjutant general; to any subdivision or taxing authority as
respectively defined in divisions (A) and (C) of section 5705.01
of the Revised Code, township park district, board of park
commissioners established under Chapter 755. of the Revised Code,
or park district established under Chapter 1545. of the Revised
Code; to a wholly or partially tax-supported university,
university branch, or college; to a nonprofit institution of
higher education that has a certificate of authorization under
Chapter 1713. of the Revised Code; or to the board of trustees of
a school district library, upon such terms as are agreed upon. The
sale of real or personal property to the board of trustees of a
school district library is limited, in the case of real property,
to a school district library within whose boundaries the real
property is situated, or, in the case of personal property, to a
school district library whose boundaries lie in whole or in part
within the school district of the selling board of education.
(D) When a board of education decides to trade as a part or
an entire consideration, an item of personal property on the
purchase price of an item of similar personal property, it may
trade the same upon such terms as are agreed upon by the parties
to the trade.
(E) The president and the treasurer of the board of education
shall execute and deliver deeds or other necessary instruments of
conveyance to complete any sale or trade under this section.
(F) When a board of education has identified a parcel of real
property that it determines is needed for school purposes, the
board may, upon a majority vote of the members of the board,
acquire that property by exchanging real property that the board
owns in its corporate capacity for the identified real property or
by using real property that the board owns in its corporate
capacity as part or an entire consideration for the purchase price
of the identified real property. Any exchange or acquisition made
pursuant to this division shall be made by a conveyance executed
by the president and the treasurer of the board.
(G) When a school district board of education decides to
dispose of real property, prior to disposing of that property
under divisions (A) to (F) of this section, it shall first offer
that property for sale to the governing authorities of the
start-up community schools established under Chapter 3314. of the
Revised Code located within the territory of the school district,
at a price that is not higher than the appraised fair market value
of that property. If more than one community school governing
authority accepts the offer made by the school district board, the
board shall sell the property to the governing authority that
accepted the offer first in time. If no community school governing
authority accepts the offer within sixty days after the offer is
made by the school district board, the board may dispose of the
property in the applicable manner prescribed under divisions (A)
to (F) of this section.
(H) When a school district board of education has property
that the board, by resolution, finds is not needed for school
district use, is obsolete, or is unfit for the use for which it
was acquired, the board may donate that property in accordance
with this division if the fair market value of the property is, in
the opinion of the board, two thousand five hundred dollars or
less.
The property may be donated to an eligible nonprofit
organization that is located in this state and is exempt from
federal income taxation pursuant to 26 U.S.C. 501(a) and (c)(3).
Before donating any property under this division, the board shall
adopt a resolution expressing its intent to make unneeded,
obsolete, or unfit-for-use school district property available to
these organizations. The resolution shall include guidelines and
procedures the board considers to be necessary to implement the
donation program and shall indicate whether the school district
will conduct the donation program or the board will contract with
a representative to conduct it. If a representative is known when
the resolution is adopted, the resolution shall provide contact
information such as the representative's name, address, and
telephone number.
The resolution shall include within its procedures a
requirement that any nonprofit organization desiring to obtain
donated property under this division shall submit a written notice
to the board or its representative. The written notice shall
include evidence that the organization is a nonprofit organization
that is located in this state and is exempt from federal income
taxation pursuant to 26 U.S.C. 501(a) and (c)(3); a description of
the organization's primary purpose; a description of the type or
types of property the organization needs; and the name, address,
and telephone number of a person designated by the organization's
governing board to receive donated property and to serve as its
agent.
After adoption of the resolution, the board shall publish, in
a newspaper of general circulation in the school district or as
provided in section 7.16 of the Revised Code, notice of its intent
to donate unneeded, obsolete, or unfit-for-use school district
property to eligible nonprofit organizations. The notice shall
include a summary of the information provided in the resolution
and shall be published twice. The second notice shall be published
not less than ten nor more than twenty days after the previous
notice. A similar notice also shall be posted continually in the
board's office. If the school district maintains a web site on the
internet, the notice shall be posted continually at that web site.
The board or its representatives shall maintain a list of all
nonprofit organizations that notify the board or its
representative of their desire to obtain donated property under
this division and that the board or its representative determines
to be eligible, in accordance with the requirements set forth in
this section and in the donation program's guidelines and
procedures, to receive donated property.
The board or its representative also shall maintain a list of
all school district property the board finds to be unneeded,
obsolete, or unfit for use and to be available for donation under
this division. The list shall be posted continually in a
conspicuous location in the board's office, and, if the school
district maintains a web site on the internet, the list shall be
posted continually at that web site. An item of property on the
list shall be donated to the eligible nonprofit organization that
first declares to the board or its representative its desire to
obtain the item unless the board previously has established, by
resolution, a list of eligible nonprofit organizations that shall
be given priority with respect to the item's donation. Priority
may be given on the basis that the purposes of a nonprofit
organization have a direct relationship to specific school
district purposes of programs provided or administered by the
board. A resolution giving priority to certain nonprofit
organizations with respect to the donation of an item of property
shall specify the reasons why the organizations are given that
priority.
Members of the board shall consult with the Ohio ethics
commission, and comply with Chapters 102. and 2921. of the Revised
Code, with respect to any donation under this division to a
nonprofit organization of which a board member, any member of a
board member's family, or any business associate of a board member
is a trustee, officer, board member, or employee.
Sec. 3313.412. (A) As used in this section, "casino
facility" has the same meaning as in section 3772.01 of the
Revised Code.
(B) This section applies to any school district that enrolls
more than thirty thousand students and was declared to be
effective in the performance ratings issued under section 3302.03
of the Revised Code for the 2009-2010 and 2010-2011 school years.
(C) Notwithstanding the requirements of sections 3313.41 and
3313.411 of the Revised Code, the board of education of a school
district to which this section applies, to support economic
development within the territory of the district, may sell to any
party any real property exceeding ten thousand dollars in value
that the board owns in its corporate capacity and that is located
within six-tenths of one mile from a casino facility.
Section 2. That existing section 3313.41 of the Revised Code
is hereby repealed.
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