Kansas Statutes 72-1439. Disposition of closed school buildings; notice to legislature; adoption of concurrent resolution for state agency to acquire the school building; requirements
Terms Used In Kansas Statutes 72-1439
- Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Property: includes personal and real property. See Kansas Statutes 77-201
- real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Within 30 days after the board of education of a school district adopts a resolution to dispose of a school district building pursuant to Kan. Stat. Ann. § 72-3216, and amendments thereto, such board of education shall submit written notice of its intention to dispose of such building to the legislature. Such notice shall be filed with the chief clerk of the house of representatives and the secretary of the senate and shall contain the following:
(1) A description of the school district’s use of such building immediately prior to the decision to dispose of such building;
(2) the reason for such building’s disuse and the decision to dispose of such building;
(3) the legal description of the real property to be disposed of; and
(4) a copy of the resolution adopted by the board of education.
(b) (1) If the notice required under subsection (a) is received by the legislature during a regular legislative session, then the legislature shall have 45 days to adopt a concurrent resolution in accordance with subsection (c) stating the legislature’s intention for the state to acquire such building.
(2) If the notice required under subsection (a) is received when the legislature is not in regular session, then the legislature shall have 45 days from the commencement of the next regular session to adopt a concurrent resolution in accordance with subsection (c) stating the legislature’s intention for the state to acquire such building.
(3) If the legislature does not adopt a concurrent resolution in accordance with subsection (c) within the 45-day period, then the school district may proceed with the disposition of such school district building in accordance with state law.
(c) The legislature may adopt a concurrent resolution stating the legislature’s intention that the state acquire the school district building. Such concurrent resolution shall include:
(1) The name of the school district that owns such building;
(2) the information contained in the written notice as described in subsection (a)(1) through (3); and
(3) the state agency that intends to acquire such building and the intended use of such building upon acquisition.
(d) Upon adoption of a concurrent resolution in accordance with subsection (c), the state agency named in such resolution shall have 180 days to complete the acquisition of such school district building and take title to the real property. Upon request of the state agency acquiring the school district building, the legislative coordinating council may extend the 180-day period for a period of not more than 60 days. The board of education of the school district shall not sell, gift, lease or otherwise convey such building or any of the real property described in the written notice or take any action or refrain from taking any action that would diminish the value of such property during the 180-day period or any extension thereof. If the state agency does not take title to the property within the 180-day period or any extension thereof, then the school district may proceed with disposition of such school district building in accordance with state law and any written agreements entered into between such state agency and the school district.
(e) For purposes of this section, the term “state agency” means any state agency, department, authority, institution, division, bureau or other state governmental entity.