Georgia House of Representatives - 1995/1996 Sessions

HB 989 - Unused sch bldgs; local bds offer as gifts to county/municipality

Page Numbers - 1/ 2/ 3

Code Sections - 20-2-520

1. Carter  166th


House Comm: Ed         /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              3/8/95   Read 1st Time                                                                
              3/9/95   Read 2nd Time                                                                
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Code Sections amended: 20-2-520                                                                     


HB 989                                            LC 24 0173






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Part 1 of Article 11 of Chapter 2 of Title 20 of
  1- 2  the Official Code of Georgia Annotated, relating to powers
  1- 3  of local boards of education over public school property and
  1- 4  facilities, so as to provide that before disposing of unused
  1- 5  school buildings, a local board of education must first
  1- 6  offer such property to the appropriate county or
  1- 7  municipality or both as a gift; to provide for disposal by
  1- 8  sale of such buildings if the county or municipality
  1- 9  declines such gift; to provide for related matters; to
  1-10  provide for applicability and an effective date; to repeal
  1-11  conflicting laws; and for other purposes.

  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-13  Part 1 of Article 11 of Chapter 2 of Title 20 of the
  1-14  Official Code of Georgia Annotated, relating to powers of
  1-15  local boards of education over public school property and
  1-16  facilities, is amended by striking Code Section 20-2-520,
  1-17  relating to acquiring, managing, and disposing of school
  1-18  sites, and inserting in lieu thereof a new Code Section
  1-19  20-2-520 to read as follows:

  1-20    "20-2-520. (Index)

  1-21    (a) The county, city, independent, area, and other local
  1-22    boards of education shall have the power to purchase,
  1-23    lease, or rent school sites; build, repair, or rent
  1-24    schoolhouses; purchase maps, globes, and school furniture;
  1-25    and make all arrangements necessary to the efficient
  1-26    operation of the schools. Such county local boards are
  1-27    invested with the title, care, and custody of all
  1-28    schoolhouses or other property, with the power to control
  1-29    such property in such manner as they think will best serve
  1-30    the interests of the public schools; and when, in the
  1-31    opinion of the county local board, any schoolhouse site
  1-32    has become unnecessary or inconvenient, they may sell it
  1-33    in the name of the county local board, subject to the



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                                                  LC 24 0173

  2- 1    requirements of subsection (b) of this Code section; and
  2- 2    the conveyance for any such sale shall be executed by the
  2- 3    president or secretary of the county local board,
  2- 4    according to the order of the county local board. Such
  2- 5    county local boards shall have the power to receive any
  2- 6    gift, grant, donation, or devise made for the use of the
  2- 7    public schools within the respective counties locality;
  2- 8    and all conveyances of real estate which may be made to
  2- 9    such a county local board shall vest the property in such
  2-10    county local board and its successors in office. Such
  2-11    county local board may provide for the building of
  2-12    schoolhouses by a tax on all property located in the
  2-13    county locality and outside the territorial limits of any
  2-14    independent other school system.  The construction of all
  2-15    public school buildings must be approved by the county
  2-16    local school superintendent and county local board and
  2-17    must be according to the plans furnished by the county
  2-18    local school authorities and the State Board of Education.

  2-19      (b)(1) If a schoolhouse site operated by a county or
  2-20      area school system has become unnecessary or
  2-21      inconvenient, as provided by subsection (a) of this Code
  2-22      section, and if the county or municipality whose
  2-23      territorial boundaries include such schoolhouse site
  2-24      needs such site for any governmental purpose, then the
  2-25      county board may sell or convey such schoolhouse site to
  2-26      such county or municipality the local board must first
  2-27      offer such schoolhouse site as a gift to the county
  2-28      where such schoolhouse site is located.  If the county
  2-29      rejects such offer of gift, then the local board must
  2-30      offer such schoolhouse site as a gift to the city if
  2-31      such schoolhouse site is located in that city.  If the
  2-32      county and city reject the offer of gift, then the local
  2-33      board may proceed to dispose of such schoolhouse site
  2-34      for such consideration and subject to such conditions,
  2-35      if any, as may be determined by such county local board.

  2-36      (2) If a schoolhouse site operated by a city or
  2-37      independent school system has become unnecessary or
  2-38      inconvenient, as provided in subsection (a) of this Code
  2-39      section, the local board must first offer such school
  2-40      site as a gift to the city where such schoolhouse site
  2-41      is located.  If the city rejects such offer of gift,
  2-42      then the local board must offer such schoolhouse site as
  2-43      a gift to the county if such schoolhouse site is located
  2-44      in that county.  If the county and city reject the offer
  2-45      of gift, then the local board may proceed to dispose of


                                 -2- (Index)

                                                  LC 24 0173

  3- 1      such schoolhouse site for such consideration and subject
  3- 2      to such conditions, if any, as may be determined by such
  3- 3      local board.

  3- 4    (c) In addition to school property and facilities provided
  3- 5    for in subsection (a) of this Code section, a county local
  3- 6    board of education or an area board of education is
  3- 7    authorized to expend educational funds available to it for
  3- 8    the purpose of acquiring, improving, and selling real or
  3- 9    personal property in connection with its secondary and
  3-10    postsecondary vocational education curricula or program."

                         SECTION 2.

  3-11  This Act shall become effective on July 1, 1995, and shall
  3-12  apply to all disposals of schoolhouse sites on or after July
  3-13  1, 1995.

                         SECTION 3.

  3-14  All laws and parts of laws in conflict with this Act are
  3-15  repealed.





























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