Iowa-2017-HF2043-Introduced
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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