House amends bill to let private providers use surplus school space; committee review set

Lawmakers on Jan. 28 amended House Bill 22 to add "a private provider" after "local PTA" so private providers would have parity when petitioning to use surplus school space for childcare services. Representative Jones, sponsor of HB 22, accepted the change as a friendly amendment introduced by Representative Bradford and the House adopted it by voice vote.

The floor debate focused on the bill's effect on the existing "70% occupancy" rule. Representative Wadobs and others noted the bill eliminates the requirement that a school maintain 70% occupancy before being allowed to remain open — a provision intended to ensure school consolidations were not circumvented. Several members, including Representative Wattup and Representative Reese Hunter, cautioned that removing the 70% threshold could open the door to broad new uses of school facilities and urged careful consideration.

Members also pressed questions about liability and risk: Representative Glenn Brown asked whether the state risk management pool and school districts have been properly considered and whether school boards' discretion to require liability insurance is enough to protect state exposure. The sponsor said the bill requires school boards to require proof of liability insurance "adequate in the opinion of the school board" and indicated willingness to accept friendly language adding the state risk manager if members propose it.

Because of the outstanding policy and fiscal questions, the House voted to "circle" HB 22 (postpone floor action) so stakeholders and committees can refine the language and address liability and occupancy concerns.

Next steps: HB 22 remains circled for further drafting and committee work before it returns to the floor.