Bill Text: IA HF2556 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act concerning governmental real property and official publications. (Formerly HF 2299.) Effective date: 07/01/2020.
Spectrum: Committee Bill
Status: (Vetoed) 2020-06-30 - Vetoed by Governor. H.J. 796. [HF2556 Detail]
Download: Iowa-2019-HF2556-Enrolled.html
House
File
2556
-
Enrolled
House
File
2556
AN
ACT
CONCERNING
GOVERNMENTAL
REAL
PROPERTY
AND
OFFICIAL
PUBLICATIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
PUBLIC
REAL
PROPERTY
AND
LEASE
CONTRACTS
Section
1.
NEW
SECTION
.
7E.5B
Real
property
lease
or
purchase
——
notice.
In
addition
to
any
other
provision
of
law,
any
purchase
or
lease
of
real
property,
other
than
on
a
temporary
basis,
when
necessary
in
order
to
implement
the
programs
of
an
authority
or
protect
the
investments
of
an
authority,
shall
require
prior
written
notice
from
the
authority
to
the
legislative
services
agency.
The
legislative
services
agency
shall
submit
the
notification
to
the
government
oversight
standing
committees
of
the
general
assembly.
The
notification
shall
include
the
information
as
described
in
section
8A.321,
subsection
16.
Sec.
2.
Section
8A.321,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
16.
At
least
thirty
days
prior
to
entering
into
a
contract
for
a
lease
or
renewal
of
a
lease
pursuant
to
subsection
6
or
a
contract
for
the
acquisition
of
real
property
pursuant
to
subsection
9
in
which
any
part
or
the
total
amount
of
the
contract
is
at
least
fifty
thousand
dollars,
notify
the
legislative
services
agency
concerning
the
contract.
The
legislative
services
agency
shall
submit
the
House
File
2556,
p.
2
notification
to
the
general
assembly’s
standing
committees
on
government
oversight.
The
notification
is
required
regardless
of
the
source
of
payment
for
the
lease,
renewal
of
lease,
or
acquisition
of
real
property.
The
notification
shall
include
all
of
the
following
information:
a.
A
description
of
the
buildings
and
office
space
subject
to
the
lease
or
renewal
of
lease
or
a
description
of
the
real
property
to
be
acquired.
b.
The
proposed
terms
of
the
contract.
c.
The
cost
of
the
contract,
including
principal
and
interest
costs.
If
the
actual
cost
of
a
contract
is
not
known
at
least
thirty
days
prior
to
entering
into
the
contract,
the
director
shall
estimate
the
principal
and
interest
costs
for
the
contract.
d.
An
identification
of
the
means
and
source
of
payment
of
the
contract.
e.
An
analysis
of
consequences
of
delaying
or
abandoning
the
commencement
of
the
contract.
DIVISION
II
SALE
OF
PUBLIC
REAL
PROPERTY
Sec.
3.
Section
8A.321,
subsection
8,
Code
2020,
is
amended
to
read
as
follows:
8.
With
the
authorization
of
a
constitutional
majority
of
each
house
of
the
general
assembly
and
approval
by
the
governor,
dispose
of
real
property
belonging
to
the
state
and
its
state
agencies
upon
terms,
conditions,
and
consideration
as
the
director
may
recommend.
Disposition
of
real
property
under
this
subsection
shall
be
made
under
a
procedure
whereby
the
real
property
shall
be
sold
to
the
highest
responsive,
responsible
bidder,
unless
the
executive
council,
by
at
least
a
two-thirds
vote,
agrees
to
accept
a
different
bidder
for
good
cause,
or
agrees
to
proceed
in
a
different
manner.
If
real
property
subject
to
sale
under
this
subsection
has
been
purchased
or
acquired
from
appropriated
funds,
the
proceeds
of
the
sale
shall
be
deposited
with
the
treasurer
of
state
and
credited
to
the
general
fund
of
the
state
or
other
fund
from
which
appropriated.
There
is
appropriated
from
that
same
fund,
with
the
prior
approval
of
the
executive
council
and
in
cooperation
with
the
director,
a
sum
equal
to
the
proceeds
House
File
2556,
p.
3
so
deposited
and
credited
to
the
state
agency
to
which
the
disposed
real
property
belonged
or
by
which
it
was
used,
for
purposes
of
the
state
agency.
Sec.
4.
Section
297.22,
subsection
1,
paragraph
a,
Code
2020,
is
amended
to
read
as
follows:
a.
The
board
of
directors
of
a
school
district
may
sell,
lease,
or
dispose
of,
in
whole
or
in
part,
a
schoolhouse,
school
site,
or
other
property
belonging
to
the
district.
The
board
shall
sell
real
property
to
the
highest
responsive,
responsible
bidder
unless
the
board,
by
at
least
a
two-thirds
vote,
agrees
to
accept
a
different
bidder
for
good
cause,
or
agrees
to
proceed
in
a
different
manner.
If
the
real
property
contains
less
than
two
acres,
is
located
outside
of
a
city,
is
not
adjacent
to
a
city,
and
was
previously
used
as
a
schoolhouse
site,
the
procedure
contained
in
sections
297.15
through
297.20
shall
be
followed
in
lieu
of
this
section
.
Sec.
5.
Section
331.361,
subsection
2,
Code
2020,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0a.
The
board
shall
dispose
of
real
property
under
a
procedure
whereby
real
property
shall
be
sold
to
the
highest
responsive,
responsible
bidder
unless
the
board,
by
at
least
a
two-thirds
vote,
agrees
to
accept
a
different
bidder
for
good
cause,
or
agrees
to
proceed
in
a
different
manner.
Sec.
6.
Section
359.52,
subsection
1,
Code
2020,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0a.
The
board
of
trustees
shall
dispose
of
real
property
under
a
procedure
whereby
real
property
shall
be
sold
to
the
highest
responsive,
responsible
bidder
unless
the
board,
by
at
least
a
two-thirds
vote,
agrees
to
accept
a
different
bidder
for
good
cause,
or
agrees
to
proceed
in
a
different
manner.
Sec.
7.
Section
364.7,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
01.
The
council
shall
dispose
of
real
property
under
a
procedure
whereby
real
property
shall
be
sold
to
the
highest
responsive,
responsible
bidder
unless
the
council,
by
at
least
a
two-thirds
vote,
agrees
to
accept
a
different
bidder
for
good
cause,
or
agrees
to
proceed
in
a
different
manner.
House
File
2556,
p.
4
DIVISION
III
OFFICIAL
PUBLICATIONS
Sec.
8.
Section
349.2,
Code
2020,
is
amended
to
read
as
follows:
349.2
Source
of
selection.
Such
selection
Selection
of
newspapers
in
which
official
proceedings
shall
be
published
shall
be
from
newspapers
published,
and
having
the
largest
number
of
bona
fide
yearly
subscribers,
within
the
county.
When
counties
are
divided
into
two
divisions
for
district
court
purposes,
each
division
shall
be
regarded
as
a
county.
In
the
event
there
is
no
newspaper
published
within
the
county,
selection
shall
be
as
provided
in
section
349.6.
Sec.
9.
Section
349.6,
Code
2020,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
3.
However,
if
there
is
no
newspaper
published
within
the
county,
the
newspaper
to
be
selected
shall
be
determined
as
provided
in
this
subsection.
If
one
newspaper
is
to
be
selected,
the
board
shall
select
a
newspaper
located
within
twenty-five
miles
of
the
border
of
the
county
that
meets
the
requirements
of
section
618.5.
If
two
newspapers
are
to
be
selected
and
the
two
newspapers
with
the
largest
number
of
bona
fide
yearly
subscribers
within
the
county
are
both
located
more
than
twenty-five
miles
from
the
border
of
the
county,
then
the
board
may
substitute
one
of
the
two
newspapers
with
a
newspaper
that
is
located
within
twenty-five
miles
from
the
border
of
the
county
that
meets
the
requirements
of
section
618.5.
The
board
shall,
in
the
presence
of
the
contestants,
determine
the
other
official
newspaper
by
lot
between
the
previously
determined
two
newspapers.
Sec.
10.
Section
618.14,
Code
2020,
is
amended
to
read
as
follows:
618.14
Publication
of
matters
of
public
importance.
1.
The
governing
body
of
any
municipality
or
other
political
subdivision
of
the
state
may
publish,
as
straight
matter
or
display,
any
matter
of
general
public
importance,
in
one
or
more
newspapers,
as
defined
in
section
618.3
published
in
and
having
general
circulation
in
such
municipality
or
political
subdivision,
at
the
legal
or
appropriate
commercial
rate,
House
File
2556,
p.
5
according
to
the
character
of
the
matter
published.
2.
In
the
event
there
is
no
such
newspaper
published
in
such
municipality
or
political
subdivision
or
in
the
event
publication
in
more
than
one
such
newspaper
is
desired,
publication
may
be
made
in
any
such
newspaper
having
general
circulation
in
such
municipality
or
political
subdivision.
However,
if
no
newspaper
having
general
circulation
within
a
municipality
or
political
subdivision
is
located
within
twenty-five
miles
from
the
border
of
the
municipality
or
political
subdivision,
the
applicable
governing
body
may
waive
the
requirements
in
section
618.3
and
designate
a
newspaper
that
is
located
in
the
applicable
municipality
or
political
subdivision
or
is
located
within
twenty-five
miles
from
the
border
of
the
applicable
municipality
or
political
subdivision
that
meets
the
requirements
of
section
618.5.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2556,
Eighty-eighth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor
