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, subsection31, 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 citymayshall 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 21.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 62.b. After the public hearing, the council may make a 2 7 final determination on the proposal by resolution. 2 83.c. A citymayshall 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
