Text: SF02043 Text: SF02045 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 18D.1 REGIONAL EQUIPMENT CENTER 1 2 ESTABLISHED &endash; PURPOSE. 1 3 A regional equipment center shall be incorporated as a 1 4 nonprofit corporation under the provisions of chapter 504A. 1 5 The center shall not be regarded as a state agency, and a 1 6 state official or employee, acting in the official's or 1 7 employee's official capacity, shall not be an incorporator of 1 8 the corporation. The purpose of the center shall be to 1 9 obtain, rebuild, and maintain an inventory of surplus federal 1 10 heavy equipment to lend to qualified organizations to make 1 11 infrastructure improvements. Improvements may include, but 1 12 are not limited to, land reclamation, road and bridge repair, 1 13 sewer installation and maintenance, creation of parks and 1 14 other recreational sites, and environmental projects. The 1 15 center is intended to provide a qualified organization with a 1 16 cost-effective and efficient means to utilize surplus federal 1 17 equipment for local needs. 1 18 Sec. 2. NEW SECTION. 18D.2 DEFINITIONS. 1 19 For purposes of this chapter: 1 20 1. "Board" means the board of directors of the regional 1 21 equipment center. 1 22 2. "Center" means the regional equipment center 1 23 established under section 18D.1. 1 24 3. "Department" means the department of general services. 1 25 4. "Qualified organization" means a state agency 1 26 identified in section 7E.5, county, city, government entity 1 27 organized for promoting one or more public purposes, such as 1 28 conservation, economic development, education, parks and 1 29 recreation, public health and public safety, or nonprofit 1 30 educational or public health institution or organization which 1 31 is exempt from taxation under section 501(c)(3) of the 1 32 Internal Revenue Code. 1 33 Sec. 3. NEW SECTION. 18D.3 BOARD OF DIRECTORS. 1 34 1. The center shall be governed by a board. The board 1 35 shall consist of seven voting members. 2 1 a. Four of the members shall be appointed by the governor 2 2 and confirmed by the senate pursuant to section 2.32. 2 3 b. One of the members shall be a representative from the 2 4 Iowa state association of counties, chosen by the governor 2 5 from a list of candidates provided by the association. 2 6 c. One of the members shall be a representative from the 2 7 Iowa league of cities, chosen by the governor from a list of 2 8 candidates provided by the league. 2 9 d. One of the members shall be the director of the 2 10 department or the director's designee. 2 11 2. The board shall be bipartisan and gender-balanced in 2 12 accordance with sections 69.16 and 69.16A and shall be as 2 13 geographically balanced as possible. 2 14 3. The terms of the members appointed by the governor and 2 15 confirmed by the senate shall be four-year terms staggered at 2 16 two-year intervals. A vacancy shall be filled by the 2 17 governor. Members other than the member from the department 2 18 are eligible for actual expense reimbursement while fulfilling 2 19 duties of the board. The board shall elect a chairperson from 2 20 among its members. 2 21 4. The board shall have all of the powers conferred upon 2 22 the center as a nonprofit corporation pursuant to chapter 2 23 504A. 2 24 5. The board shall be responsible for the operation of the 2 25 center and the uses to which the property will be put by the 2 26 actual users of the property. 2 27 6. The board may employ such persons as necessary to 2 28 administer the center, including an administrator, office 2 29 manager, clerk, mechanics, and equipment operators. 2 30 7. The board shall collect fees and shall appropriate 2 31 funding for the center. 2 32 Sec. 4. NEW SECTION. 18D.4 CENTER &endash; DUTIES. 2 33 The center shall do all of the following: 2 34 1. Identify usable federal surplus heavy equipment, such 2 35 as bulldozers, cranes, and backhoes, at federal installations 3 1 around the country and overseas military bases, generally by 3 2 personal visits. 3 3 2. Transport the equipment to the center. 3 4 3. Rebuild, repair, or restore the equipment to its 3 5 original state and maintain the equipment. 3 6 4. Maintain the property in good working condition and 3 7 provide storage for the equipment during periods of time when 3 8 the equipment is not in use. 3 9 5. Enter into contracts to lend the equipment to qualified 3 10 organizations for a fee. 3 11 6. Provide personnel to operate the equipment when 3 12 necessary, or assist a qualified organization in hiring an 3 13 independent equipment operator. 3 14 Sec. 5. NEW SECTION. 18D.5 MEMBERSHIP FEES AND USER-FEE 3 15 ASSESSMENTS &endash; FUNDING. 3 16 1. The board shall establish membership fees to be 3 17 assessed on an annual basis to qualified organizations who 3 18 request membership in the center. The fees may be assessed in 3 19 differing amounts based upon the organizations' population 3 20 base served or on another basis. The board shall also 3 21 establish a schedule of user fees for organizations which are 3 22 not members of the center, allowing the rental of equipment if 3 23 the equipment is not being used by a member organization. The 3 24 fees shall be approved by the board prior to assessment. 3 25 2. The fees shall be set in an amount sufficient to 3 26 support the operation of the center. 3 27 3. Funding for the center shall include donations, grants, 3 28 membership payments, and user-fee assessments. 3 29 Sec. 6. NEW SECTION. 18D.7 REPORTING, AUDITING, 3 30 INSURANCE, AND LIABILITY. 3 31 1. The center shall submit an annual report to the general 3 32 assembly and the governor on October 1 which details the prior 3 33 fiscal year's budget and operations. The report shall include 3 34 a listing of itemized expenditures and revenues, a listing of 3 35 property received, a listing of property users and dates used, 4 1 a list of fees, and any other information the department may 4 2 require. 4 3 2. The center shall maintain books, records, documents, 4 4 and other materials relating to the center and upon request 4 5 shall make this information available to the department, the 4 6 state auditor's office, the governor's office, and the 4 7 legislative fiscal bureau. 4 8 3. The center shall purchase and maintain property and 4 9 liability insurance in an amount and with sufficient coverage 4 10 to protect the center from claims arising from the operation 4 11 of the center. 4 12 4. The center shall indemnify and hold the department 4 13 harmless from any and all liability losses, damage expenses, 4 14 or any legal action resulting from the operation of the center 4 15 and the use of the property. 4 16 5. The center shall assume the risk of loss, damage, or 4 17 theft to the surplus property. 4 18 Sec. 7. CONDITIONAL IMPLEMENTATION. The effectiveness of 4 19 this Act is conditioned upon the enactment of federal 4 20 legislation allowing for use of federal surplus property in 4 21 the manner prescribed in this Act. 4 22 EXPLANATION 4 23 This bill requires the establishment of a regional 4 24 equipment center to obtain, rebuild, and maintain an inventory 4 25 of surplus federal heavy equipment to lend to government 4 26 entities and educational or public health 501(c)(3) nonprofit 4 27 organizations to make infrastructure improvements. The 4 28 infrastructure improvements may include, but are not limited 4 29 to, land reclamation, road and bridge repair, sewer 4 30 installation and maintenance, creation of parks and other 4 31 recreational sites, and environmental projects. Surplus 4 32 federal heavy equipment may include backhoes, graders, 4 33 bulldozers, track-dozers, dump trucks, forklifts, rollers, 4 34 maintenance trucks, and scoop loaders. The intent of the 4 35 center is to provide a cost-effective means by which local 5 1 governmental entities may utilize surplus equipment for local 5 2 needs. 5 3 The center is incorporated as a nonprofit corporation under 5 4 chapter 504A and is governed by a seven-member board of 5 5 directors, four of whom are appointed by the governor and 5 6 confirmed by the senate, one who is a representative of the 5 7 Iowa state association of counties, one who is a 5 8 representative from the Iowa league of cities, and one who is 5 9 the director of the department of general services or the 5 10 director's designee. State agencies, counties, cities, and 5 11 other government entities or nonprofit education or public 5 12 health organizations may become members of the center or may 5 13 rent equipment from the center. An organization choosing to 5 14 become a member is required to pay an annual membership fee. 5 15 The center is funded through donations, grants, membership 5 16 payments, and user fees. The user fees are to be set in an 5 17 amount sufficient to fully operate the center. 5 18 The center is required to identify usable federal surplus 5 19 heavy equipment, such as bulldozers, cranes, and backhoes, at 5 20 federal installations around the country and overseas military 5 21 bases, generally by personal visits; transport the equipment 5 22 to the center; rebuild, repair, or restore the equipment to 5 23 its original state and maintain the equipment; maintain the 5 24 property in good working condition and provide storage for the 5 25 equipment during periods of time when the equipment is not in 5 26 use; enter into contracts to lend the equipment to qualified 5 27 organizations for a fee; and provide personnel to operate 5 28 equipment when necessary. 5 29 The center is also required to submit an annual report to 5 30 the general assembly and the governor on October 1 which 5 31 details the prior fiscal year's budget and operations, 5 32 including a listing of itemized expenditures and revenues, a 5 33 listing of property received, a listing of property users and 5 34 dates used, a list of fees, and any other information the 5 35 department of general services may require. The center is 6 1 required to maintain books, records, documents, and other 6 2 materials relating to the center and upon request make this 6 3 information available to the department of general services, 6 4 the state auditor's office, the governor's office, and the 6 5 legislative fiscal bureau. The center must purchase and 6 6 maintain property and liability insurance in an amount and 6 7 with sufficient coverage to protect the center from claims 6 8 arising from operations of the center and is required to 6 9 indemnify and hold the department of general services harmless 6 10 from any and all liability losses, damage expenses, or any 6 11 legal action resulting from the operation of the center and 6 12 the use of the property. 6 13 The center assumes the risk of loss, damage, or theft to 6 14 the property. 6 15 This Act is conditioned upon the enactment of federal 6 16 legislation authorizing the use of federal surplus equipment 6 17 as prescribed in this Act. 6 18 LSB 3117SS 76 6 19 js/cf/24
Text: SF02043 Text: SF02045 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Mon Mar 4 09:39:45 CST 1996
URL: /DOCS/GA/76GA/Legislation/SF/02000/SF02044/960111.html
jhf