| 53 | | - | An Act concerning the lease of school lands and amending P.L.1978, c.91 (C.18A:20-8.2). Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 1 of P.L.1978, c.91 (C.18A:20-8.2) is amended to read as follows: 1. a. Except as otherwise provided pursuant to section 14 of P.L.2007, c.137 (C.18A:7G-45), whenever any board of education shall by resolution determine that any tract of land, whether there is a building thereon or not, or part or all of a school building, is not necessary for school purposes, but which it does not desire to dispose of for reason that the property may, at some future time, again be required for school purposes, it may authorize the lease thereof for a term extending beyond the official life of the board; provided that the noneducational uses of such building or tract of land are compatible with the establishment and operation of a school, as determined by the Commissioner of Education, if joint occupancy of such site is considered. A board of education is authorized to use electronic procurement practices in accordance with the provisions of P.L.2018, c.156 (C.40A:11-4.7 et al.) for the advertisement of lease of land, and any building on that land. The lease shall be binding upon the successor board as follows: (1) After advertisement of the request for bids to lease to the highest bidder in a newspaper published in the school district, or, if none is published therein, then in a newspaper circulating in the district in which the same is situate, at least once a week for two weeks prior to the date fixed for the receipt and opening of bids, and, at the discretion of the board of education, electronic advertisement, unless: (2) The same is leased to the federal government, State, a political subdivision thereof, another school district, any board, body or commission of a municipality within the school district, any volunteer fire company or rescue squad actively engaged in the protection of life and property and duly incorporated under the laws of the State of New Jersey, or to any American Legion post, Veterans of Foreign Wars, or other recognized veterans' organization of the United States of America, located in the municipality or the county, as a meeting place for such organization, or to a nonprofit child care service organization duly incorporated under the laws of the State of New Jersey, or to a nonprofit hospital duly licensed under the laws of the State of New Jersey, or to a nonprofit organization duly licensed under the laws of the State of New Jersey to provide emergency shelter for the homeless, or to a nonprofit senior citizen organization, or to a nonprofit historic preservation organization duly incorporated under the laws of the State of New Jersey, 1or to a federally qualified health center,1 in which case the same may be leased by private agreement for a nominal fee without advertisement for bids1[, or to a federally qualified health center]1. b. Any lease in excess of five years shall be approved by the Commissioner of Education. 1c. In the event of joint occupancy with a public school and federally qualified health center, to the extent permitted by federal law, a federally qualified health center shall be located in a portion of the school building that is separate and distinct from the portion of the school building in which students may be present.1 (cf: P.L.2018, c.156, s.9) 2. This act shall take effect immediately. |
|---|
| 45 | + | An Act concerning the lease of school lands and amending P.L.1978, c.91 (C.18A:20-8.2). Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 1 of P.L.1978, c.91 (C.18A:20-8.2) is amended to read as follows: 1. a. Except as otherwise provided pursuant to section 14 of P.L.2007, c.137 (C.18A:7G-45), whenever any board of education shall by resolution determine that any tract of land, whether there is a building thereon or not, or part or all of a school building, is not necessary for school purposes, but which it does not desire to dispose of for reason that the property may, at some future time, again be required for school purposes, it may authorize the lease thereof for a term extending beyond the official life of the board; provided that the noneducational uses of such building or tract of land are compatible with the establishment and operation of a school, as determined by the Commissioner of Education, if joint occupancy of such site is considered. A board of education is authorized to use electronic procurement practices in accordance with the provisions of P.L.2018, c.156 (C.40A:11-4.7 et al.) for the advertisement of lease of land, and any building on that land. The lease shall be binding upon the successor board as follows: (1) After advertisement of the request for bids to lease to the highest bidder in a newspaper published in the school district, or, if none is published therein, then in a newspaper circulating in the district in which the same is situate, at least once a week for two weeks prior to the date fixed for the receipt and opening of bids, and, at the discretion of the board of education, electronic advertisement, unless: (2) The same is leased to the federal government, State, a political subdivision thereof, another school district, any board, body or commission of a municipality within the school district, any volunteer fire company or rescue squad actively engaged in the protection of life and property and duly incorporated under the laws of the State of New Jersey, or to any American Legion post, Veterans of Foreign Wars, or other recognized veterans' organization of the United States of America, located in the municipality or the county, as a meeting place for such organization, or to a nonprofit child care service organization duly incorporated under the laws of the State of New Jersey, or to a nonprofit hospital duly licensed under the laws of the State of New Jersey, or to a nonprofit organization duly licensed under the laws of the State of New Jersey to provide emergency shelter for the homeless, or to a nonprofit senior citizen organization, or to a nonprofit historic preservation organization duly incorporated under the laws of the State of New Jersey, in which case the same may be leased by private agreement for a nominal fee without advertisement for bids, or to a federally qualified health center. b. Any lease in excess of five years shall be approved by the Commissioner of Education. (cf: P.L.2018, c.156, s.9) 2. This act shall take effect immediately. STATEMENT This bill adds federally qualified health centers to the list of entities to which a local board of education may lease school buildings and property, no longer necessary for school purposes, for a nominal fee and without following the competitive bidding process. Other entities already on the list include federal, State, and local governmental units, volunteer fire companies and rescue squads, veterans and senior citizens organizations, and certain nonprofit organizations. |
|---|