SB367
To Amend The Law Concerning Unused Or Underutilized Public School Facilities; To Amend The Law Concerning The Right Of First Refusal To Purchase Or Lease A Public School District Academic Facility; And To Declare An Emergency.
Last Action (May 1, 2023): Sine Die adjournment
Sponsors
AI-Generated Summary
This bill modifies the process for handling unused or underutilized public school facilities in Arkansas by establishing a prioritized right of first refusal for the sale or lease of these properties. It mandates that school districts must first offer such facilities to the municipality or county in which the district is located at no cost before considering other parties. If the local government waives this right, open-enrollment public charter schools within the district are given a secondary right of first refusal to purchase or lease the facilities at fair market value. The bill also establishes timeframes and procedures for when these facilities can be sold to third parties, including mandatory wait times if a project is listed in a district's facilities master plan. Finally, it includes an emergency clause to allow the act to take effect immediately, citing concerns over the transfer of taxpayer-funded assets to non-public entities.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries are local municipal and county governments, which gain the right to acquire unused or underutilized school district real property at no cost. Additionally, open-enrollment public charter schools benefit from a codified right of first refusal to purchase or lease these facilities at fair market value if the local government declines the property, potentially lowering their overhead costs for facility acquisition.
Who Might Suffer?
School districts are negatively impacted by this bill, as it restricts their ability to dispose of surplus property on the open market, potentially limiting revenue generation or forcing them to transfer assets to local governments for free. Third-party private buyers or commercial developers who might otherwise have purchased or leased these surplus properties are also negatively impacted, as they are relegated to the bottom of the priority list and may be prevented from acquiring such assets for an extended period of time.
Vote Records
Third Reading
April 4, 2023View individual votes (35)
| Legislator | Party | Chamber | Vote |
|---|---|---|---|
| Jane English | Republican | Senate | Nay |
| Linda Chesterfield | Democrat | Senate | Yea |
| Jonathan Dismang | Republican | Senate | NV |
| Greg Leding | Democrat | Senate | Yea |
| Missy Irvin | Republican | Senate | NV |
| Bryan King | Republican | Senate | Yea |
| Kim Hammer | Republican | Senate | Nay |
| Stephanie Flowers | Democrat | Senate | Yea |
| Frederick Love | Democrat | Senate | Yea |
| Terry Rice | Republican | Senate | NV |
| Reginald Murdock | Democrat | Senate | Yea |
| Gary Stubblefield | Republican | Senate | Yea |
| Jim Dotson | Republican | Senate | Nay |
| John Payton | Republican | Senate | Nay |
| Alan Clark | Republican | Senate | Nay |
| Ronald Caldwell | Republican | Senate | Absent |
| Bart Hester | Republican | Senate | Yea |
| Jimmy Hickey | Republican | Senate | Yea |
| Dan Sullivan | Republican | Senate | Nay |
| David Wallace | Republican | Senate | Yea |
| Blake Johnson | Republican | Senate | Yea |
| Justin Boyd | Republican | Senate | Yea |
| Clarke Tucker | Democrat | Senate | Yea |
| Scott Flippo | Republican | Senate | Yea |
| Clint Penzo | Republican | Senate | Nay |
| Mark Johnson | Republican | Senate | Nay |
| Ricky Hill | Republican | Senate | Nay |
| Breanne Davis | Republican | Senate | Yea |
| Ben Gilmore | Republican | Senate | NV |
| Joshua Bryant | Republican | Senate | Nay |
| Matt McKee | Republican | Senate | Nay |
| Jim Petty | Republican | Senate | Nay |
| Steve Crowell | Republican | Senate | Yea |
| Tyler Dees | Republican | Senate | Nay |
| Matt Stone | Republican | Senate | Yea |
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