CHAPTER 81

FORMERLY

HOUSE BILL NO. 96

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 10, TITLE 14 OF THE DELAWARE CODE RELATING TO LEASE OF SURPLUS SCHOOL PROPERTY TO STATE AGENCIES.

BE IT ENACTED BY THE GENERAL-ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 1057(b), Subchapter III, Chapter 10, Title 14 of the Delaware Code, by striking the last sentence thereof in its entirety, and substituting in lieu thereof the following:

"Before leasing such property or part thereof to any person or organization, the Board of Education shall first offer to lease the property to state agencies. If no agency of state government declares an intent to lease the property within 30 days of the offer, the Board shall offer to lease the property to the local government in whose jurisdiction the property is located. If the offer is not accepted within 30 days, the Board may proceed to offer to lease the property on the open market. No lease of real property pursuant to this subsection shall be negotiated until the Board has complied with the procedures set forth in (a) (1) through (a) (5) of this Section, provided, however, that no such lease shall be entered into unless the proposed use of the facility is compatible with the characteristics of the neighborhood in which said facility is located.

If, as a result of the public hearing, sufficient objections to the use of the property by a State agency have been raised, then the reorganized school district board of education may, with the approval of the State Board of Education, refuse leasing to a State agency. Approval by the State Board of Education will not be withheld unless the decision of the reorganized school district board of education is found to be unreasonable."

Approved June 29, 1983.