Senate
Study
Bill
1062
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WILHELM)
A
BILL
FOR
An
Act
relating
to
the
procedures
to
be
followed
for
certain
1
county
projects
involving
the
judicial
branch.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
331.301,
subsection
10,
paragraph
e,
1
subparagraph
(1),
subparagraph
divisions
(a)
and
(b),
Code
2
2011,
are
amended
to
read
as
follows:
3
(a)
The
board
must
follow
substantially
the
authorization
4
procedures
of
section
331.443
to
authorize
a
lease
or
5
lease-purchase
contract
for
personal
property
which
is
payable
6
from
the
general
fund.
The
board
must
follow
substantially
7
the
authorization
procedures
of
section
331.443
to
authorize
8
a
lease
or
lease-purchase
contract
for
real
property
which
is
9
payable
from
the
general
fund
if
the
principal
amount
of
the
10
lease-purchase
contract
does
not
exceed
the
following
limits:
11
(i)
Four
Six
hundred
thousand
dollars
in
a
county
having
a
12
population
of
twenty-five
thousand
or
less.
13
(ii)
Five
Seven
hundred
fifty
thousand
dollars
in
a
county
14
having
a
population
of
more
than
twenty-five
thousand
but
not
15
more
than
fifty
thousand.
16
(iii)
Six
Nine
hundred
thousand
dollars
in
a
county
having
17
a
population
of
more
than
fifty
thousand
but
not
more
than
one
18
hundred
thousand.
19
(iv)
Eight
One
million
two
hundred
thousand
dollars
in
a
20
county
having
a
population
of
more
than
one
hundred
thousand
21
but
not
more
than
two
hundred
thousand.
22
(v)
One
million
five
hundred
thousand
dollars
in
a
county
23
having
a
population
of
more
than
two
hundred
thousand.
24
(b)
(i)
However,
if
the
principal
amount
of
a
lease
or
25
lease-purchase
contract
pursuant
to
this
subparagraph
(1)
is
26
less
than
twenty-five
thousand
dollars,
the
board
may
authorize
27
the
lease
or
lease-purchase
contract
without
following
the
28
authorization
procedures
of
section
331.443
.
29
(ii)
If
the
board
determines
that
at
least
fifty
percent
of
30
the
real
property
to
be
leased
or
lease-purchased
is
to
be
used
31
or
occupied
by
the
judicial
branch
as
referenced
in
section
32
602.1102,
the
board
may
follow
the
authorization
procedures
of
33
section
331.443
even
if
the
principal
amount
of
the
lease
or
34
lease-purchase
contract
exceeds
the
limitations
in
subparagraph
35
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division
(a).
1
Sec.
2.
Section
331.402,
subsection
3,
paragraph
d,
2
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
3
(1)
(a)
The
board
shall
follow
substantially
the
4
authorization
procedures
of
section
331.443
to
authorize
a
5
loan
agreement
for
personal
property
which
is
payable
from
6
the
general
fund.
The
board
must
follow
substantially
the
7
authorization
procedures
of
section
331.443
to
authorize
a
loan
8
agreement
for
real
property
which
is
payable
from
the
general
9
fund
if
the
principal
amount
of
the
loan
agreement
does
not
10
exceed
the
following
limits:
11
(a)
(i)
Four
Six
hundred
thousand
dollars
in
a
county
12
having
a
population
of
twenty-five
thousand
or
less.
13
(b)
(ii)
Five
Seven
hundred
fifty
thousand
dollars
in
a
14
county
having
a
population
of
more
than
twenty-five
thousand
15
but
not
more
than
fifty
thousand.
16
(c)
(iii)
Six
Nine
hundred
thousand
dollars
in
a
county
17
having
a
population
of
more
than
fifty
thousand
but
not
more
18
than
one
hundred
thousand.
19
(d)
(iv)
Eight
One
million
two
hundred
thousand
dollars
in
20
a
county
having
a
population
of
more
than
one
hundred
thousand
21
but
not
more
than
two
hundred
thousand.
22
(e)
(v)
One
million
five
hundred
thousand
dollars
in
a
23
county
having
a
population
of
more
than
two
hundred
thousand.
24
(b)
If
the
board
determines
that
at
least
fifty
percent
of
25
the
real
property
that
is
the
subject
of
the
loan
agreement
is
26
to
be
used
or
occupied
by
the
judicial
branch
as
referenced
27
in
section
602.1102,
the
board
may
follow
the
authorization
28
procedures
of
section
331.443
even
if
the
principal
amount
of
29
the
loan
agreement
exceeds
the
limitations
in
subparagraph
30
division
(a).
31
Sec.
3.
Section
331.441,
subsection
2,
paragraph
b,
32
subparagraph
(5),
Code
2011,
is
amended
to
read
as
follows:
33
(5)
(a)
Public
buildings,
including
the
site
or
grounds
of,
34
and
the
erection,
equipment,
remodeling,
or
reconstruction
of,
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_____
and
additions
or
extensions
to
the
buildings,
and
including
the
1
provision
and
maintenance
of
juvenile
detention
or
shelter
care
2
facilities,
when
the
cost
does
not
exceed
the
following
limits:
3
(a)
(i)
Six
hundred
thousand
dollars
in
a
county
having
a
4
population
of
twenty-five
thousand
or
less.
5
(b)
(ii)
Seven
hundred
fifty
thousand
dollars
in
a
county
6
having
a
population
of
more
than
twenty-five
thousand
but
not
7
more
than
fifty
thousand.
8
(c)
(iii)
Nine
hundred
thousand
dollars
in
a
county
having
9
a
population
of
more
than
fifty
thousand
but
not
more
than
one
10
hundred
thousand.
11
(d)
(iv)
One
million
two
hundred
thousand
dollars
in
a
12
county
having
a
population
of
more
than
one
hundred
thousand
13
but
not
more
than
two
hundred
thousand.
14
(e)
(v)
One
million
five
hundred
thousand
dollars
in
a
15
county
having
a
population
of
more
than
two
hundred
thousand.
16
(b)
If
the
board
determines
that
at
least
fifty
percent
of
17
the
public
building
will
be
used
or
occupied
by
the
judicial
18
branch
as
referenced
in
section
602.1102,
the
board
may
follow
19
the
authorization
procedures
of
section
331.443
even
if
the
20
costs
exceed
the
limitations
in
subparagraph
division
(a).
21
EXPLANATION
22
This
bill
relates
to
acquisition
of
property
by
a
county
and
23
county
building
projects
involving
the
judicial
branch.
24
The
bill
provides
that
if
the
project
involves
a
real
25
property
lease
agreement,
lease-purchase
agreement,
or
loan
26
agreement,
and
at
least
50
percent
of
the
real
property
is
27
to
be
used
or
occupied
by
the
judicial
branch,
the
county,
28
when
entering
into
the
agreement,
is
authorized
to
follow
the
29
procedures
for
issuance
of
essential
county
purpose
bonds.
30
The
bill
also
amends
the
definition
of
“essential
county
31
purpose”,
relating
to
issuance
of
bonds
for
public
buildings,
32
to
provide
that
the
dollar
limitation
on
the
cost
of
the
33
project
does
not
apply
if
at
least
50
percent
of
the
public
34
building
will
be
used
or
occupied
by
the
judicial
branch.
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Generally,
an
essential
county
purpose
does
not
require
1
approval
of
the
voters.
2
The
bill
increases
the
threshold
amounts
that
determine
3
whether
a
project
can
be
undertaken
using
the
procedures
for
4
essential
county
purpose
bonds
when
the
project
involves
a
5
lease,
lease-purchase,
or
loan
agreement.
The
bill
increases
6
the
threshold
amounts
in
the
following
manner:
For
counties
7
with
a
population
of
25,000
or
less,
the
threshold
amount
8
is
increased
from
$400,000
to
$600,000;
for
counties
with
9
a
population
of
more
than
25,000
but
not
more
than
50,000,
10
the
threshold
amount
is
increased
from
$500,000
to
$750,000;
11
for
counties
with
a
population
of
more
than
50,000
but
not
12
more
than
100,000,
the
threshold
amount
is
increased
from
13
$600,000
to
$900,000;
for
counties
with
a
population
of
more
14
than
100,000
but
not
more
than
200,000,
the
threshold
amount
15
is
increased
from
$800,000
to
$1.2
million;
and
for
counties
16
with
a
population
of
more
than
200,000,
the
threshold
amount
is
17
increased
from
$1
million
to
$1.5
million.
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