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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
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