House File 2442 - Introduced
HOUSE FILE
BY PETERSEN, WISE, FALLON,
T. TAYLOR, SMITH, D. OLSON,
HEDDENS, FREVERT, GASKILL,
R. OLSON, PETTENGILL, MASCHER,
BUKTA, MURPHY, SCHUELLER, BERRY,
JACOBY, OLDSON, DANDEKAR, MERTZ,
and WHITAKER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for a public hearing procedure prior to the
2 selection of a location for services accessed by the public,
3 and containing an applicability provision.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6190YH 81
6 rn/je/5
PAG LIN
1 1 Section 1. Section 8A.321, subsection 7, Code Supplement
1 2 2005, is amended to read as follows:
1 3 7. a. Unless otherwise provided by law, coordinate the
1 4 location, design, plans and specifications, construction, and
1 5 ultimate use of the real or personal property to be purchased
1 6 by a state agency for whose benefit and use the property is
1 7 being obtained. If the purchase of real or personal property
1 8 is to be financed pursuant to section 12.28, the department
1 9 shall cooperate with the treasurer of state in providing the
1 10 information necessary to complete the financing of the
1 11 property.
1 12 A contract for acquisition, construction, erection,
1 13 demolition, alteration, or repair by a private person of real
1 14 or personal property to be lease=purchased by the treasurer of
1 15 state pursuant to section 12.28 is exempt from section 8A.311,
1 16 subsections 1 and 10, unless the lease=purchase contract is
1 17 funded in advance by a deposit of the lessor's moneys to be
1 18 administered by the treasurer of state under a lease=purchase
1 19 contract which requires rent payments to commence upon
1 20 delivery of the lessor's moneys to the lessee.
1 21 b. Prior to entering into a contract for the acquisition
1 22 of real property intended to be used for the construction or
1 23 location of a facility at which services shall be offered or
1 24 provided by a state agency primarily for public use and
1 25 access, the director shall conduct a public hearing on the
1 26 question of location selection. The director shall coordinate
1 27 with the director of the department for the blind, the
1 28 director of transportation, and the executive secretary of the
1 29 state board of regents if and to the extent that a proposed
1 30 acquisition of real property involves public use relating to a
1 31 function or service falling within the scope of chapters 216B,
1 32 307, and 262, respectively. The state agency shall cause a
1 33 notice of the public hearing to be published once in a
1 34 newspaper of general circulation in the county or city where
1 35 the location has been proposed. The notice shall be published
2 1 at least four but no more than twenty days before the public
2 2 hearing is held. The published notice shall, at a minimum,
2 3 include the following information:
2 4 (1) The general nature of the proposed project and
2 5 rationale for the selection of the proposed location for the
2 6 project.
2 7 (2) The process proposed to be followed in making the
2 8 final selection of the site location and funding the final
2 9 site=specific design.
2 10 (3) The time and place of the public hearing at which an
2 11 opportunity is provided for public input into the location
2 12 decision.
2 13 (4) The name, address, telephone number, and electronic
2 14 mail address, if applicable, of the contact person regarding
2 15 the location decision.
2 16 c. If the director or directors determine that input
2 17 received during the public hearing demonstrates that a
2 18 significant degree of public opposition or concern appears to
2 19 exist regarding the location decision, the director or
2 20 directors shall delay the execution of a contract by the state
2 21 agency pending departmental review and subsequent referral to
2 22 the executive council for a recommendation relating to the
2 23 decision.
2 24 d. The public hearing requirements of paragraph "b" shall
2 25 not apply during the existence of an emergency requiring
2 26 construction or location in situations where failure to
2 27 immediately construct or locate would result in immediate
2 28 danger to public health, safety, or welfare.
2 29 Sec. 2. APPLICABILITY. This Act is applicable to the
2 30 acquisition of real property intended to be used for the
2 31 construction or location of a facility at which services shall
2 32 be offered or provided primarily for public use by state
2 33 agencies entering into contracts under the purview of the
2 34 department of administrative services, and the department for
2 35 the blind, the state department of transportation, the state
3 1 board of regents, and any other acquisition relating to public
3 2 use facilities made by or on behalf of the state.
3 3 EXPLANATION
3 4 This bill provides that prior to entering into a contract
3 5 for the acquisition of real property for the construction or
3 6 location of a facility used by a state agency to provide
3 7 services primarily used by or accessed by the public, the
3 8 director of the department of administrative services shall
3 9 conduct a public hearing on the question of location
3 10 selection. The bill provides that the director shall
3 11 coordinate with the director of the department for the blind,
3 12 the director of transportation, and the executive secretary of
3 13 the state board of regents if a proposed acquisition relates
3 14 to a function or service falling within the scope of Code
3 15 chapter 216B, 307, or 262. The bill provides that a state
3 16 agency shall be required to publish notice of the public
3 17 hearing, including information relating to the general nature
3 18 of the proposed project and rationale for the selection of the
3 19 proposed location, the process proposed to be followed in
3 20 making the final selection of the location and funding the
3 21 site=specific design, and the name, address, telephone number,
3 22 and e=mail address, if applicable, of the contact person
3 23 regarding the location decision.
3 24 The bill specifies that if the director determines that
3 25 input received during the public hearing demonstrates that a
3 26 significant degree of public opposition or concern appears to
3 27 exist regarding the location decision, the director shall
3 28 delay the execution of a contract by the state agency pending
3 29 departmental review and subsequent referral to the executive
3 30 council for recommendation relating to the decision.
3 31 The public hearing requirements of the bill do not apply
3 32 during the existence of an emergency requiring construction or
3 33 location in situations where failure to immediately construct
3 34 or locate would result in immediate danger to public health,
3 35 safety, or welfare.
4 1 The bill contains an applicability provision stating that
4 2 it applies to the acquisition of real property intended to be
4 3 used for the construction or location of a facility at which
4 4 services shall be offered or provided primarily for public use
4 5 by state agencies entering into contracts under the purview of
4 6 the department of administrative services, and the department
4 7 for the blind, the state department of transportation, the
4 8 state board of regents, and any other acquisition relating to
4 9 public use facilities made by or on behalf of the state.
4 10 LSB 6190YH 81
4 11 rn:rj/je/5