Bill Text: IA HF2043 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act relating to the availability for lease or purchase of state-owned real property that is vacant for specified periods of time.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-22 - Subcommittee: Zumbach, Kaufmann and Oldson. H.J. 130. [HF2043 Detail]

Download: Iowa-2017-HF2043-Introduced.html

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House File 2043 - Introduced




                                 HOUSE FILE       
                                 BY  HAGER

                                      A BILL FOR

  1 An Act relating to the availability for lease or purchase of
  2    state=owned real property that is vacant for specified
  3    periods of time.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 7A.30, Code 2018, is amended to read as
  1  2 follows:
  1  3    7A.30  Inventory of state property.
  1  4    1.  Each state board, commission, department, and division
  1  5 of state government and each institution under the control
  1  6 of the department of human services, the Iowa department of
  1  7 corrections and the state board of regents and each division
  1  8 of the state department of transportation are responsible for
  1  9 keeping a written, detailed, up=to=date inventory of all real
  1 10 and personal property belonging to the state and under their
  1 11 charge, control, and management.  Each such agency of state
  1 12 government shall maintain a separate inventory of all real
  1 13 property vacant for any period of time, with all real property
  1 14 vacant for a period of five or more years so designated. Each
  1 15 such agency shall provide this inventory annually to the
  1 16 director of the department of administrative services. The
  1 17 inventories shall be in the form prescribed by the director of
  1 18 the department of administrative services.
  1 19    2.  Inventories maintained in the files of each Each such
  1 20 agency of state government shall be maintain the inventories
  1 21 in a file open to public inspection and available for the
  1 22 information of the executive council and the director of the
  1 23 department of administrative services.
  1 24    Sec. 2.  Section 8A.321, subsection 8, Code 2018, is amended
  1 25 to read as follows:
  1 26    8.  Annually review the inventory of vacant real property
  1 27 belonging to the state maintained pursuant to section 7A.30.
  1 28 With the authorization of a constitutional majority of each
  1 29 house of the general assembly and approval by the governor,
  1 30 the director may dispose of real property belonging to the
  1 31 state and its state agencies upon terms, conditions, and
  1 32 consideration as the director may recommend.  Disposition of
  1 33 real property vacant for less than five years may include
  1 34 leasing for a period not to exceed five years at which time the
  1 35 lessee may be given a purchase option upon terms, conditions,
  2  1 and consideration as recommended by the director.
  2  2    a.  If real property subject to sale under this subsection
  2  3 has been purchased or acquired from appropriated funds, the
  2  4 proceeds of the sale shall be deposited with the treasurer of
  2  5 state and credited to the general fund of the state or other
  2  6 fund from which appropriated. There is appropriated from that
  2  7 same fund, with the prior approval of the executive council and
  2  8 in cooperation with the director, a sum equal to the proceeds
  2  9 so deposited and credited to the state agency to which the
  2 10 disposed real property belonged or by which it was used, for
  2 11 purposes of the state agency.
  2 12    b.  If real property subject to lease under this subsection
  2 13 has been purchased or acquired from appropriated funds,
  2 14 the lease payments from the lessee, minus all overhead and
  2 15 maintenance expenses paid by the state agency to which the
  2 16 leased property belongs, shall be deposited with the treasurer
  2 17 of state and credited to the general fund of the state or other
  2 18 fund from which appropriated. There is appropriated from that
  2 19 same fund, with the prior approval of the executive council and
  2 20 in cooperation with the director, a sum equal to the amount of
  2 21 moneys so deposited and credited to the state agency to which
  2 22 the leased real property belongs.
  2 23                           EXPLANATION
  2 24 The inclusion of this explanation does not constitute agreement with
  2 25 the explanation's substance by the members of the general assembly.
  2 26    This bill requires each state board, commission, department,
  2 27 division of state government, and each institution under the
  2 28 department of human services, the department of corrections and
  2 29 the state board of regents, and each division of the department
  2 30 of transportation, to identify all vacant state=owned real
  2 31 property and submit an annual inventory to the director of
  2 32 the department of administrative services. The inventory is
  2 33 required to distinguish between real property vacant for less
  2 34 than five years and property vacant for five or more years.
  2 35 The bill requires annual review by the director and requires
  3  1 the lease or sale of state=owned property vacant for less than
  3  2 five years, and the sale of property vacant for five or more
  3  3 years. The bill provides that a state=owned property vacant
  3  4 for less than five years can be leased for up to five years
  3  5 before it must be sold.
  3  6    Current law provides if real property that was purchased
  3  7 with appropriated funds is sold, the proceeds are deposited
  3  8 with the treasurer of state and credited to the general fund or
  3  9 the fund from where appropriated. There is appropriated from
  3 10 that same fund, a sum equal to the deposited proceeds which
  3 11 is credited to the state agency that owned the real property.
  3 12 The bill allows this same handling of funds to be used for any
  3 13 profits derived from the leasing of a state=owned property.
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