Bill Text: IA HF359 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act requiring the governing body of a county or city to approve certain gifts and purchases of real property by entities of the county or city.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2017-03-01 - Subcommittee recommends indefinite postponement. [HF359 Detail]

Download: Iowa-2017-HF359-Introduced.html

House File 359 - Introduced




                                 HOUSE FILE       
                                 BY  MOMMSEN

                                      A BILL FOR

  1 An Act requiring the governing body of a county or city to
  2    approve certain gifts and purchases of real property by
  3    entities of the county or city.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1961YH (9) 87
    aw/rj

PAG LIN



  1  1    Section 1.  Section 174.15, subsection 2, Code 2017, is
  1  2 amended to read as follows:
  1  3    2.  Notwithstanding section 364.7, subsection 3 1, paragraph
  1  4 "c", a city may dispose of real property by gift to a fair.
  1  5    Sec. 2.  Section 331.301, Code 2017, is amended by adding the
  1  6 following new subsection:
  1  7    NEW SUBSECTION.  17.  a.  The board of supervisors shall by
  1  8 resolution independently do the following:
  1  9    (1)  Approve the acceptance of a gift of real property before
  1 10 a county entity, supported by direct appropriations by the
  1 11 board of supervisors, may accept such a gift.
  1 12    (2)  Approve a contract for the purchase of real property
  1 13 before a county entity may enter into a contract for the
  1 14 purchase of the real property, if the contract price for the
  1 15 real property is less than fifty percent of the fair market
  1 16 value for the real property.
  1 17    b.  Notwithstanding paragraph "a", a county entity may accept
  1 18 real property offered as a gift or enter into a contract for
  1 19 the purchase of real property if the gift or contract also
  1 20 includes a gift of money in an amount that is equal to at least
  1 21 fifty percent of the fair market value of the real property.
  1 22 Moneys accepted to satisfy the requirements of this paragraph
  1 23 shall be placed in trust by the board of supervisors, and the
  1 24 interest on the moneys placed in trust shall be allocated to
  1 25 the county entity for the continued maintenance of the real
  1 26 property.
  1 27    c.  For the purposes of this subsection, "county entity"
  1 28 means a board, commission, agency, division, or other entity
  1 29 of the county supported by direct appropriations by the board
  1 30 of supervisors.
  1 31    Sec. 3.  Section 364.7, Code 2017, is amended to read as
  1 32 follows:
  1 33    364.7  Disposal and acceptance of real property.
  1 34    1.  A city may shall not dispose of an interest in real
  1 35 property by sale, lease for a term of more than three years, or
  2  1 gift, except in accordance with the following procedure:
  2  2    1.  a.  The council shall set forth its proposal in a
  2  3 resolution and shall publish notice as provided in section
  2  4 362.3, of the resolution and of a date, time and place of a
  2  5 public hearing on the proposal.
  2  6    2.  b.  After the public hearing, the council may make a
  2  7 final determination on the proposal by resolution.
  2  8    3.  c.  A city may shall not dispose of real property by gift
  2  9 except to a governmental body for a public purpose.
  2 10    2.  a.  The city council shall by resolution independently
  2 11 do the following:
  2 12    (1)  Approve the acceptance of a gift of real property before
  2 13 a city entity, may accept such a gift.
  2 14    (2)  Approve a contract for the purchase of real property
  2 15 before a city entity may enter into a contract for the purchase
  2 16 of the real property, if the contract price for the real
  2 17 property is less than fifty percent of the fair market value
  2 18 for the real property.
  2 19    b.  Notwithstanding paragraph "a", a city entity may accept
  2 20 real property offered as a gift or enter into a contract for
  2 21 the purchase of real property if the gift or contract also
  2 22 includes a gift of money in an amount that is equal to at least
  2 23 fifty percent of the fair market value of the real property.
  2 24 Moneys accepted to satisfy the requirements of this paragraph
  2 25 shall be placed in trust by the city council, and the interest
  2 26 on the moneys placed in trust shall be allocated to the city
  2 27 entity for the continued maintenance of the real property.
  2 28    c.  For the purposes of this subsection, "city entity" means
  2 29 a board, commission, agency, division, or other entity of the
  2 30 city supported by direct appropriations by the city council.
  2 31                           EXPLANATION
  2 32 The inclusion of this explanation does not constitute agreement with
  2 33 the explanation's substance by the members of the general assembly.
  2 34    This bill relates to gifts of real property offered to, and
  2 35 contracts for the purchase of real property entered into by,
  3  1 county and city entities.
  3  2    The bill requires the governing body of a county (board of
  3  3 supervisors) or city (city council) to approve the acceptance
  3  4 of gifts of real property by resolution before acceptance of
  3  5 such a gift by an entity of the county or city. The bill also
  3  6 requires such approval before a county or city entity may
  3  7 enter into a contact for the purchase of real property, if the
  3  8 contract price for the real property is less than 50 percent of
  3  9 the fair market value for that property.
  3 10    The bill provides that a county or city entity may accept
  3 11 gifts of real property or purchase real property if the gift
  3 12 or contract also includes a gift of money equal to at least 50
  3 13 percent of the fair market value of the real property. The
  3 14 bill requires that any such gift of money be placed in trust by
  3 15 the appropriate governing body and requires that the interest
  3 16 on the funds placed in trust be allocated to the county or city
  3 17 entity for the continued maintenance of the real property.
       LSB 1961YH (9) 87
       aw/rj
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