Text: SSB02209 Text: SSB02211 Text: SSB02200 - SSB02299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 18.8, unnumbered paragraph 1, Code 1 2 1995, is amended to read as follows: 1 3 The director shall provide necessary voice or data 1 4 communications, including telephone,and telegraph, lighting, 1 5 fuel, and water services for the state buildings and grounds 1 6 located at the seat of government, except the buildings and 1 7 grounds referred to in section 216B.3, subsection 6. 1 8 Sec. 2. Section 18.12, subsection 3, Code Supplement 1995, 1 9 is amended to read as follows: 1 10 3. Institute, in the name of the state, and with the 1 11 advice and consent of the attorney general, civil and criminal 1 12 proceedings against any person for injury or threatened injury 1 13 to any public property, including but not limited to 1 14 intangible and intellectual property, under the person's 1 15 control. 1 16 Sec. 3. Section 18.12, subsection 8, Code Supplement 1995, 1 17 is amended to read as follows: 1 18 8. Dispose of all personal property of the state under the 1 19 director's control when it becomes unnecessary or unfit for 1 20 further use by the state.If the director concludes that the1 21property has little value, the director may dispose of the1 22personal property by means other than by sale.If the 1 23 director concludes that the personal property is contaminated, 1 24 contains hazardous waste, or is hazardous waste, the director 1 25 may charge the state agency responsible for the property for 1 26 removal and disposal of the personal property. 1 27 The director may dispose of personal property by any of the 1 28 following means: 1 29 a. The director may dispose of unfit or unnecessary 1 30 personal property by sale. Proceeds from the sale of personal 1 31 property shall be deposited in thestategeneral fund of the 1 32 state. 1 33 b. If the director concludes that the personal property 1 34 has little or no value, the director may enter into an 1 35 agreement with a not-for-profit organization or governmental 2 1 agency to dispose of the personal property. The not-for- 2 2 profit organization or governmental agency may charge the 2 3 state agency in control of the property with the cost of 2 4 removing and transporting the property. Title to the personal 2 5 property shall transfer when the personal property is in the 2 6 possession of the not-for-profit organization of governmental 2 7 agency. If a governmental agency adds value to the property 2 8 transferred to it and sells it, the proceeds from the sale 2 9 shall be deposited with the governmental agency and not in the 2 10 general fund of the state. 2 11 The director shall adopt rules establishing the procedures 2 12 for inspecting, selecting, and removing personal property from 2 13 state agencies or from state storage. 2 14 Sec. 4. Section 18.12, subsection 10, Code Supplement 2 15 1995, is amended to read as follows: 2 16 10. On behalf of the department, enter into lease-purchase 2 17contractsagreements for real or personal property, wherever 2 18 located within the state, to be used for buildings, 2 19 facilities, and structures, or for additions or improvements 2 20 to existing buildings, facilities, and structures, to carry 2 21 out the provisions of this section or for the proper use and 2 22 benefit of the state and its state agencies on the following 2 23 terms and conditions: 2 24 a. The director shall coordinate the location, design, 2 25 plans and specifications, construction, and ultimate use of 2 26 the real or personal property lease-purchased with the state 2 27 agency for whose benefit and use the property is being 2 28 obtained and the terms and conditions of the lease-purchase 2 29contractagreement with both the state agency for whose 2 30 benefit and use the property is being obtained and the 2 31 treasurer of state. Upon awarding the contract for 2 32 construction of a building or for site development, the 2 33 director shall have sole authority to administer the contract. 2 34 b. The lease-purchasecontractagreement may provide for 2 35 ultimate ownership of the property by the state. Title to all 3 1 property acquired in this manner shall be taken and held in 3 2 the name of the state. The state shall be the lessee or 3 3 contracting party under all lease-purchasecontracts3 4 agreements entered into pursuant to this section.The lease-3 5purchase contract may contain provisions similar to provisions3 6customarily found in lease-purchase contracts between private3 7persons, including, but not limited to, provisions prohibiting3 8the acquisition or use by the lessee of competing property or3 9property in substitution for the lease-purchased property,3 10obligating the lessee to pay costs of operation, maintenance,3 11insurance, and taxes relating to the property, and permitting3 12the lessor to retain a security interest in the property3 13lease-purchased, until title passes to the state, which may be3 14assigned or pledged by the lessor.The lease-purchase 3 15 agreement may contain provisions providing for interest, the 3 16 term of the agreement, and payment obligations on the lease- 3 17 purchase agreement beyond the current budget year. For the 3 18 purpose of funding the state's obligation to pay moneys under 3 19 the lease-purchase agreements created in this subsection, the 3 20 treasurer of state may enter into master lease agreements to 3 21 borrow moneys to purchase property, equipment, and services 3 22 for state agencies. The obligations in a master lease 3 23 agreement may be in such form, for such term, bearing such 3 24 interest, and containing such provisions as the director, with 3 25 the assistance of the treasurer of state, deems necessary or 3 26 appropriate. The director may contract for additional 3 27 security or liquidity for a lease-purchasecontractagreement 3 28 and may enter into agreements for letters of credit, lines of 3 29 credit, insurance, or other forms of security with respect to 3 30 rental and other payments due under a lease-purchasecontract3 31 agreement. Fees for the costs of additional security or 3 32 liquidity are a cost of entering into the lease-purchase 3 33contractagreement and may be paid from funds annually 3 34 appropriated by the general assembly to the state agency for 3 35 which the property is being obtained or from other funds 4 1 legally available. The lease-purchasecontractagreement may 4 2 include the costs of entering into the lease-purchasecontract4 3 agreement as a cost of the lease-purchased property. The 4 4 provision of a lease-purchasecontractagreement which 4 5 provides that a portion of the periodic rental payment be 4 6 applied as interest is subject to chapter 74A. Other laws 4 7 relating to interest rates do not apply. Chapter 75 does not 4 8 apply to lease-purchasecontractsagreements entered into 4 9 pursuant to thissectionsubsection. Rental and other costs 4 10 due under lease-purchasecontractsagreements entered into 4 11 pursuant to thissectionsubsection shall be payable from 4 12 funds annually appropriated by the general assembly to the 4 13 state agency for which the property is being obtained or from 4 14 other funds legally available. Funds remaining after the 4 15 payment of all obligations concerning a lease-purchase 4 16 agreement shall be paid into the general fund of the state. 4 17 c. A lease-purchasecontractagreement to which the state 4 18 is a party is an obligation of a state for purposes of 4 19 chapters 502 and 636, and is a lawful investment for banks, 4 20 trust companies, building and loan associations, savings and 4 21 loan associations, investment companies, insurance companies, 4 22 insurance associations, executors, guardians, trustees, and 4 23 other fiduciaries responsible for the investment of funds. 4 24d.(1) The director shall not enter intolease-purchase4 25contracts pursuant to this sectionan agreement for the lease- 4 26 purchase or improvement of property, equipment, or services in 4 27 an amount greater than one million dollars without prior 4 28 authorization by a constitutional majority of each house of 4 29 the general assembly or approval by the legislative council if 4 30 the general assembly is not in session and approval by the 4 31 governor of the use, location, and maximum cost, not including 4 32 interest expense, of the real or personal property to be 4 33 lease-purchased. 4 34 (2)However, theThe director shall not enter into a 4 35 lease-purchasecontractagreement for real or personal 5 1 property which is to be constructed for use as a prison or 5 2 prison-related facility without prior authorization by a 5 3 constitutional majority of each house of the general assembly 5 4 and approval by the governor of the use, location, and maximum 5 5 cost, not including interest expense, of the real or personal 5 6 property to be lease-purchased and with the construction in 5 7 accordance with space needs as established by an independent 5 8 study of space needs authorized by the general assembly. 5 9e.d. A contract for acquisition, construction, erection, 5 10 demolition, alteration, or repair by a private person of real 5 11 or personal property to be lease-purchased by the director 5 12 pursuant to thissectionsubsection is exempt from section 5 13 18.6, subsections 1 and 9, unless the lease-purchasecontract5 14 agreement is funded in advance by a deposit of the lessor's 5 15 moneys to be administered by the director under a lease- 5 16 purchasecontractagreement which requires rent payments to 5 17 commence upon delivery of the lessor's moneys to the lessee. 5 18 This subsection provides an alternative and independent 5 19 method for carrying out projects under this chapter and for 5 20 entering into lease-purchasecontractsagreements in 5 21 connection with the projects, without reference to any other 5 22 statute, and is not an amendment of or subject to the 5 23 provision of any other law. No publication of any notice, 5 24 whether under section 73A.12 or otherwise, and no other or 5 25 further proceedings with respect to the lease-purchase 5 26contractsagreements referred to in thissectionsubsection 5 27 are required except as set forth in thissectionsubsection, 5 28 any provisions of other statutes of the state to the contrary 5 29 notwithstanding. 5 30 For purposes of this subsection and subsection 12, "state 5 31 agency" means a board, commission, bureau, division, office, 5 32 department, or branch of state government. 5 33 Sec. 5. Section 18.12, Code Supplement 1995, is amended by 5 34 adding the following new subsection: 5 35 NEW SUBSECTION. 18A. Establish a maintenance account in 6 1 the state treasury under the control of the department. Funds 6 2 for the maintenance of a state monument, whether received by 6 3 gift, devise, bequest, or otherwise, shall be deposited in the 6 4 account. Funds in the account shall be deposited in an 6 5 interest-bearing account. Notwithstanding section 12C.7, 6 6 interest earned on the account shall be deposited in the 6 7 account and shall be used to maintain the designated monument. 6 8 Any maintenance funds for a state monument held by the state 6 9 as of the date of the enactment of this provision shall 6 10 immediately be transferred to the account and the funds and 6 11 interest earned on the funds shall be used to maintain the 6 12 designated monument. Notwithstanding section 8.33, 6 13 unencumbered or unobligated receipts in the maintenance 6 14 account at the end of a fiscal year shall not revert to the 6 15 general fund of the state. 6 16 Sec. 6. Section 18.115, subsection 11, Code 1995, is 6 17 amended to read as follows: 6 18 11. The state vehicle dispatcher is responsible for 6 19 insuring motor vehicles owned by the state. Insurance 6 20 coverage may be through a self-insurance program administered 6 21 by thedivisiondepartment or purchased from an insurer. If 6 22 the determination is made to utilize a self-insurance program 6 23 the vehicle dispatcher shall maintain loss and exposure data 6 24 for the vehicles under the dispatcher's jurisdiction. Each 6 25 agency shall provide to thedivisiondepartment all requested 6 26 motor vehicle loss and loss exposure information. 6 27 EXPLANATION 6 28 This bill makes several changes to Code provisions dealing 6 29 with the department of general services. 6 30 Section 3 of the bill provides the director of the 6 31 department with additional authority concerning the disposal 6 32 of unwanted personal property of the state. The bill allows 6 33 the director to charge the state agency in control of the 6 34 personal property for costs associated with the removal and 6 35 disposal of personal property that is contaminated or 7 1 otherwise hazardous waste. The bill also permits disposal of 7 2 the personal property to not-for-profit and other governmental 7 3 organizations. 7 4 Section 4 provides changes regarding lease-purchase 7 5 agreements entered into with the department of general 7 6 services. The bill allows the treasurer of state to enter 7 7 into master lease-purchase agreements in order to borrow 7 8 moneys to provide for lease-purchase agreements. The bill 7 9 also allows the director to enter into lease-purchase 7 10 agreements for up to $1 million without seeking legislative 7 11 approval. 7 12 Section 5 allows the director to establish a monument 7 13 maintenance fund in the state treasury to be held in interest- 7 14 bearing accounts upon receipt of funds for the maintenance of 7 15 a monument. 7 16 BACKGROUND STATEMENT 7 17 SUBMITTED BY THE AGENCY 7 18 This bill does several things: 7 19 Section 1 updates the Code section to reflect changing 7 20 communication technologies. The department is currently 7 21 responsible for coordinating voice and data transmissions on 7 22 the capitol complex. 7 23 Section 2 reflects changes in technology. It clarifies the 7 24 department's rights to protect electronic and intellectual 7 25 property of the state. 7 26 Section 3 revises the methods by which the director can 7 27 dispose of surplus property. It allows the director to 7 28 exercise certain options in connection with the property. A 7 29 unique aspect aspect of this provision allows the director to 7 30 contract with Iowa prison industries to take control of 7 31 certain portions of state surplus property. Iowa prison 7 32 industries would then refurbish or add value to the surplus 7 33 and resell it with the proceeds deposited in the Iowa prison 7 34 industries account. Additionally, the department is allowed 7 35 to charge fee for surplus property pickup if Iowa prison 8 1 industries picks up the surplus property. The provision also 8 2 allows the director to enter into agreements with other 8 3 nonprofit or governmental organization to dispose of surplus 8 4 property. Finally, the provision allows the director to 8 5 dispose of hazardous or contaminated waste. The agency 8 6 generating the waste will be charge for its disposal. 8 7 Section 4 allows the director to enter into lease-purchase 8 8 agreements to purchase permanent fixtures for various state 8 9 agencies. This financing vehicle allows the agencies to meet 8 10 their public service requirements and protect the health and 8 11 well-being of the constituents. It adds oversight by the 8 12 treasurer and allows the director to enter into lease 8 13 agreements for up to $1 million without seeking prior 8 14 legislative approval. 8 15 Section 5 allows the department to establish a monument 8 16 maintenance account with the department of revenue and finance 8 17 where monument maintenance funds are held in interest-bearing 8 18 accounts. The department has ongoing responsibilities 8 19 regarding monument maintenance after the monument becomes 8 20 property of the state. If the money is put at interest, the 8 21 department can preserve the principal and use the interest 8 22 earned to offset the cost of maintenance for the monument. 8 23 Section 6 reflects the current organization of the 8 24 department. It clarifies current organizational structure. 8 25 LSB 3283DP 76 8 26 ec/jj/8
Text: SSB02209 Text: SSB02211 Text: SSB02200 - SSB02299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: Senate Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Fri Feb 16 15:38:19 CST 1996
URL: /DOCS/GA/76GA/Legislation/SSB/02200/SSB02210/960215.html
jhf