Arkansas 2023 Regular Session

Arkansas Senate Bill SB367

Introduced
3/6/23  
Refer
3/6/23  
Refer
3/9/23  
Report Pass
4/3/23  

Caption

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.

Impact

By enacting SB 367, the state law is refined to prioritize local municipalities in accessing public school facilities that are no longer being fully utilized. This proposed law is intended to keep community resources within local governments, attempting to leverage them for public benefit rather than allowing them to fall into private hands without local oversight. The fair market value appraisals mandated by the bill aim to safeguard taxpayer interests while providing schools with potential resources for funding or expansion. Furthermore, the bill is designed to potentially curb the rampant sale of academic facilities to third parties, ensuring local needs take precedence in ownership decisions.

Summary

Senate Bill 367 amends existing laws pertaining to the handling of unused or underutilized public school facilities within Arkansas. The bill establishes that school districts are required to offer such facilities at no cost to the municipality where the district is located. Should the municipality waive this right of first refusal, the school district can then lease or sell the facilities at fair market value to open-enrollment public charter schools within the district's geographic boundaries. This stipulation aims to ensure that local governmental entities have the first opportunity to utilize these facilities before they are put on the market for other entities. An emergency clause is included, stressing the urgency given the imminent closures of public school facilities across the state.

Sentiment

The overall sentiment regarding SB 367 appears to be mixed, with notable support from those concerned with local control over educational resources and facilities. Supporters argue that this bill preserves community assets for local use in a manner that benefits residents directly. Conversely, some critics express concern that the additional bureaucracy involved in the appraisal processes may delay the transition of unused facilities to entities that could utilize them more effectively. Overall, there is a sense of urgency among proponents to enact the bill quickly to address ongoing challenges related to underutilized educational infrastructure in the state.

Contention

Notable points of contention revolve around the balance of authority between local school districts and municipalities when it comes to the management and allocation of public school assets. Critics worry that while the bill mandates municipal rights of first refusal, it may inadvertently limit opportunities for charter schools and other educational entities that could provide innovative uses for these facilities. The process outlined for municipalities to waive their right of first refusal might also lead to complications that could hinder the immediate repurposing of the buildings. These concerns underline the ongoing debate on how best to streamline access to public resources for educational purposes while ensuring taxpayer interests are protected.

Companion Bills

No companion bills found.

Previously Filed As

AR SB57

An Act For The Department Of Education - Division Of Public School Academic Facilities And Transportation Appropriation For The 2024-2025 Fiscal Year.

AR SB79

To Amend The Arkansas Data Centers Act Of 2023; To Provide For The Regulation Of Digital Asset Mining Businesses; And To Declare An Emergency.

AR SB80

To Amend The Revenue Stabilization Law; To Create Funds, To Repeal Funds, And To Make Transfers To And From Funds And Fund Accounts; And To Declare An Emergency.

AR HB1097

To Amend The Revenue Stabilization Law; To Create Funds, To Repeal Funds, And To Make Transfers To And From Funds And Fund Accounts; And To Declare An Emergency.

AR SB78

To Amend The Arkansas Data Centers Act Of 2023; To Prohibit Foreign-party-controlled Ownership Of A Digital Asset Mining Business; And To Declare An Emergency.

AR SB77

To Amend The Uniform Classification And Compensation Act; And To Declare An Emergency.

AR HB1041

An Act For The Department Of Education - Division Of Elementary And Secondary Education - Public School Fund Appropriation For The 2024-2025 Fiscal Year.

AR HR1020

To Authorize The Introduction Of A Nonappropriation Bill To Amend The Arkansas Data Centers Acts Of 2023, To Regulate Digital Asset Mining Businesses And Businesses Utilizing A Blockchain Network, And To Declare An Emergency.

AR SR17

To Authorize The Introduction Of A Nonappropriation Bill To Amend The Arkansas Data Centers Acts Of 2023, To Regulate Digital Asset Mining Businesses And Businesses Utilizing A Blockchain Network, And To Declare An Emergency.

AR SR15

To Authorize The Introduction Of A Nonappropriation Bill To Require A Digital Asset Mining Business To Provide Notification Before Purchasing Land Or A Building Or Beginning Construction Of A Digital Asset Mining Facility.

Similar Bills

AR SB215

To Amend The Permissible Uses For Real Estate Donated By A Public School District; And To Amend The Arkansas Public School Academic Facilities Program Act.

TX HB2606

Relating to powers and duties of navigation districts and the boards of trustees of municipal port facilities.

TX SB1488

Relating to the purchasing and contracting practices of junior college districts; providing criminal penalties.

TX SB1500

Relating to powers and duties of navigation districts and the boards of trustees of municipal port facilities.

HI HB1788

Relating To Waiakea Peninsula Redevelopment.

TX HB2877

Relating to required sale or lease of unused or underutilized school district facilities to charter schools.

PA HB1446

Authorizing local taxing authorities to provide for tax exemptions for improvements and redevelopment of certain underutilized property

TX SB857

Relating to the purchasing and contracting practices of junior college districts; providing criminal penalties.