House File 2043 - Introduced HOUSE FILE 2043 BY HAGER A BILL FOR An Act relating to the availability for lease or purchase of 1 state-owned real property that is vacant for specified 2 periods of time. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5059YH (6) 87 ko/rj
H.F. 2043 Section 1. Section 7A.30, Code 2018, is amended to read as 1 follows: 2 7A.30 Inventory of state property. 3 1. Each state board, commission, department, and division 4 of state government and each institution under the control 5 of the department of human services, the Iowa department of 6 corrections and the state board of regents and each division 7 of the state department of transportation are responsible for 8 keeping a written, detailed, up-to-date inventory of all real 9 and personal property belonging to the state and under their 10 charge, control, and management. Each such agency of state 11 government shall maintain a separate inventory of all real 12 property vacant for any period of time, with all real property 13 vacant for a period of five or more years so designated. Each 14 such agency shall provide this inventory annually to the 15 director of the department of administrative services. The 16 inventories shall be in the form prescribed by the director of 17 the department of administrative services. 18 2. Inventories maintained in the files of each Each such 19 agency of state government shall be maintain the inventories 20 in a file open to public inspection and available for the 21 information of the executive council and the director of the 22 department of administrative services . 23 Sec. 2. Section 8A.321, subsection 8, Code 2018, is amended 24 to read as follows: 25 8. Annually review the inventory of vacant real property 26 belonging to the state maintained pursuant to section 7A.30. 27 With the authorization of a constitutional majority of each 28 house of the general assembly and approval by the governor, 29 the director may dispose of real property belonging to the 30 state and its state agencies upon terms, conditions, and 31 consideration as the director may recommend. Disposition of 32 real property vacant for less than five years may include 33 leasing for a period not to exceed five years at which time the 34 lessee may be given a purchase option upon terms, conditions, 35 -1- LSB 5059YH (6) 87 ko/rj 1/ 3
H.F. 2043 and consideration as recommended by the director. 1 a. If real property subject to sale under this subsection 2 has been purchased or acquired from appropriated funds, the 3 proceeds of the sale shall be deposited with the treasurer of 4 state and credited to the general fund of the state or other 5 fund from which appropriated. There is appropriated from that 6 same fund, with the prior approval of the executive council and 7 in cooperation with the director, a sum equal to the proceeds 8 so deposited and credited to the state agency to which the 9 disposed real property belonged or by which it was used, for 10 purposes of the state agency. 11 b. If real property subject to lease under this subsection 12 has been purchased or acquired from appropriated funds, 13 the lease payments from the lessee, minus all overhead and 14 maintenance expenses paid by the state agency to which the 15 leased property belongs, shall be deposited with the treasurer 16 of state and credited to the general fund of the state or other 17 fund from which appropriated. There is appropriated from that 18 same fund, with the prior approval of the executive council and 19 in cooperation with the director, a sum equal to the amount of 20 moneys so deposited and credited to the state agency to which 21 the leased real property belongs. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill requires each state board, commission, department, 26 division of state government, and each institution under the 27 department of human services, the department of corrections and 28 the state board of regents, and each division of the department 29 of transportation, to identify all vacant state-owned real 30 property and submit an annual inventory to the director of 31 the department of administrative services. The inventory is 32 required to distinguish between real property vacant for less 33 than five years and property vacant for five or more years. 34 The bill requires annual review by the director and requires 35 -2- LSB 5059YH (6) 87 ko/rj 2/ 3
H.F. 2043 the lease or sale of state-owned property vacant for less than 1 five years, and the sale of property vacant for five or more 2 years. The bill provides that a state-owned property vacant 3 for less than five years can be leased for up to five years 4 before it must be sold. 5 Current law provides if real property that was purchased 6 with appropriated funds is sold, the proceeds are deposited 7 with the treasurer of state and credited to the general fund or 8 the fund from where appropriated. There is appropriated from 9 that same fund, a sum equal to the deposited proceeds which 10 is credited to the state agency that owned the real property. 11 The bill allows this same handling of funds to be used for any 12 profits derived from the leasing of a state-owned property. 13 -3- LSB 5059YH (6) 87 ko/rj 3/ 3