Louisiana 2019 2019 Regular Session

Louisiana House Bill HB225 Comm Sub / Analysis

                    DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part of the
legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 225	2019 Regular Session	Edmonds
Keyword and oneliner of the instrument as it left the House
SCHOOLS/CHARTER:  Provides relative to the sale or transfer of charter school facilities financed
through tax exempt bonds
Report adopts Senate amendments to:
1. Revise process through which a charter school facility owner may dispose of such a facility
purchased through tax exempt bonds and specify that such process applies to
nongovernmental charter school facility owners.
2. Specify that facility title transfers include buildings and land.
Report rejects Senate amendments which would have:
1. Required that a facility's contents be included in the title transfer process.
2. Required, if a charter operator ceases to operate a public school in a facility, that the charter
operator offer to transfer the facility's title to the local school board at no cost.
Report amends the bill to:
1. Require, if a charter operator ceases to operate a public school in a facility, that the charter
operator transfer title to the facility to the chartering authority at no cost.
2. Require the facility to be offered to the local school board under certain circumstances.
Digest of the bill as proposed by the Conference Committee
Present law requires local school boards to make available to chartering groups any vacant or slated-
to-be-vacant school facility for lease or purchase up to fair market value.  Provides that in the case
of a Type 2 charter school created as a result of a conversion, the facility and all property within the
existing school shall be made available to that chartering group.  Requires the chartering group, in return for the use of the facility and its contents, to pay a proportionate share of the local school
board's bonded indebtedness.
Proposed law additionally provides the following process for a nongovernmental charter school
facility owner who wishes to dispose of a charter school facility that was financed in whole or in part
through tax exempt bonds that have been paid in full:
(1)Requires the owner to first offer to transfer title to the facility, at no cost, to the charter
operator that is operating a school within the facility.
(2)Provides that if the charter operator declines, the owner shall next offer to transfer the title
to the facility, at no cost, to the chartering authority. Provides that if the chartering authority
is BESE, the following requirements shall apply:
(a) If BESE declines the offer, the owner shall next offer to transfer title to the facility,
at no cost, to the local school board of the school system within whose geographic
boundaries the facility is located.
(b) If BESE accepts the offer and later wishes to dispose of the facility, it shall first offer
to transfer title to the facility, at no cost, to the local school board of the school
system within whose geographic boundaries the facility is located.
(3)Provides that if the charter operator accepts, the transfer agreement shall stipulate that if the
operator acquires ownership of the facility and at any time ceases to operate a public school
in it, the charter operator shall transfer title to the facility, inclusive of all buildings and land,
at no cost, to the school's chartering authority. 
Proposed law further provides that an offer by the owner of a charter school facility to transfer title
to the facility shall extend for a period of not less than 60 days from when the offer was made.
(Amends R.S. 17:3982(B)(1))