Brief (1)
HB 2096 rescinds the ten-year limitation on school district lease or lease-purchase agreements.
Background
HB 2096 was requested by Wichita USD 259. The conferee, a spokesperson for Wichita USD 259, explained that the school district owns 53 telecommunications towers that are strategically placed throughout the City of Wichita. These towers were constructed to facilitate telecommunications and wide-area network services for the district's schools and administrative centers, of which there are more than 100.
The conferee explained that private communications companies have become aware of these facilities and would like to lease space on them. However, these companies generally have preferred lease arrangements for a period of more than ten years, in some instances, up to 50 years.
The conferee said that because it has expressed an interest in limiting the proliferation of communications towers, the City of Wichita has encouraged private providers to seek alternative solutions to meet their service needs. A recent Wichita city ordinance placed a restriction on the building of any new towers if other towers were located in the same geographic area and could serve the need. Last year, partly because of the district's inability to enter into a lease agreement for more than ten years, the city approved applications for five new towers. HB 2096 would give Wichita USD 259 the flexibility necessary to enter into lease agreements with the private telecommunications providers.
The proposed amendment applies to all school districts with regard to any type of lease or lease-purchase agreement the district wishes to pursue under KSA 2000 Supp. 72-8225.
HB 2096 has no state fiscal impact.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi