Senate
File
2326
-
Introduced
SENATE
FILE
2326
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3115)
A
BILL
FOR
An
Act
relating
to
public
bidding.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
5472SV
(2)
88
ec/rn
S.F.
2326
DIVISION
I
1
SALE
OF
PUBLIC
REAL
PROPERTY
2
Section
1.
Section
8A.321,
subsection
8,
Code
2020,
is
3
amended
to
read
as
follows:
4
8.
With
the
authorization
of
a
constitutional
majority
5
of
each
house
of
the
general
assembly
and
approval
by
the
6
governor,
dispose
of
real
property
belonging
to
the
state
and
7
its
state
agencies
upon
terms,
conditions,
and
consideration
8
as
the
director
may
recommend.
Disposition
of
real
property
9
under
this
subsection
shall
be
made
under
a
procedure
whereby
10
the
real
property
shall
be
sold
to
the
highest
responsive,
11
responsible
bidder,
unless
the
executive
council,
by
at
least
a
12
two-thirds
vote,
agrees
to
accept
a
different
bidder
for
good
13
cause.
If
real
property
subject
to
sale
under
this
subsection
14
has
been
purchased
or
acquired
from
appropriated
funds,
the
15
proceeds
of
the
sale
shall
be
deposited
with
the
treasurer
of
16
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
proceeds
20
so
deposited
and
credited
to
the
state
agency
to
which
the
21
disposed
real
property
belonged
or
by
which
it
was
used,
for
22
purposes
of
the
state
agency.
23
Sec.
2.
Section
297.22,
subsection
1,
paragraph
a,
Code
24
2020,
is
amended
to
read
as
follows:
25
a.
The
board
of
directors
of
a
school
district
may
sell,
26
lease,
or
dispose
of,
in
whole
or
in
part,
a
schoolhouse,
27
school
site,
or
other
property
belonging
to
the
district.
The
28
board
shall
sell
real
property
to
the
highest
responsive,
29
responsible
bidder
unless
the
board,
by
at
least
a
two-thirds
30
vote,
agrees
to
accept
a
different
bidder
for
good
cause.
If
31
the
real
property
contains
less
than
two
acres,
is
located
32
outside
of
a
city,
is
not
adjacent
to
a
city,
and
was
33
previously
used
as
a
schoolhouse
site,
the
procedure
contained
34
in
sections
297.15
through
297.20
shall
be
followed
in
lieu
of
35
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5472SV
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2326
this
section
.
1
Sec.
3.
Section
331.361,
subsection
2,
Code
2020,
is
amended
2
by
adding
the
following
new
paragraph:
3
NEW
PARAGRAPH
.
0a.
The
board
shall
dispose
of
real
property
4
under
a
procedure
whereby
real
property
shall
be
sold
to
the
5
highest
responsive,
responsible
bidder
unless
the
board,
by
at
6
least
a
two-thirds
vote,
agrees
to
accept
a
different
bidder
7
for
good
cause.
8
Sec.
4.
Section
359.52,
subsection
1,
Code
2020,
is
amended
9
by
adding
the
following
new
paragraph:
10
NEW
PARAGRAPH
.
0a.
The
board
of
trustees
shall
dispose
of
11
real
property
under
a
procedure
whereby
real
property
shall
12
be
sold
to
the
highest
responsive,
responsible
bidder
unless
13
the
board,
by
at
least
a
two-thirds
vote,
agrees
to
accept
a
14
different
bidder
for
good
cause.
15
Sec.
5.
Section
364.7,
Code
2020,
is
amended
by
adding
the
16
following
new
subsection:
17
NEW
SUBSECTION
.
01.
The
council
shall
dispose
of
real
18
property
under
a
procedure
whereby
real
property
shall
be
19
sold
to
the
highest
responsive,
responsible
bidder
unless
the
20
council,
by
at
least
a
two-thirds
vote,
agrees
to
accept
a
21
different
bidder
for
good
cause.
22
DIVISION
II
23
ADVERTISEMENTS
FOR
BIDS
24
Sec.
6.
Section
73.2,
Code
2020,
is
amended
by
adding
the
25
following
new
subsection:
26
NEW
SUBSECTION
.
3.
In
addition
to
any
method
of
27
advertisement
required
by
law,
any
executive
branch
agency,
the
28
general
assembly,
the
judicial
branch,
county,
township,
school
29
district,
or
city
shall
ensure
publication
of
any
request
for
30
bids
and
proposals
for
the
following
minimum
number
of
days:
31
a.
For
requests
for
bids
and
proposals
for
goods,
services,
32
or
a
public
improvement
project
as
defined
in
section
26.2,
33
of
five
thousand
dollars
or
more
but
less
than
fifty
thousand
34
dollars,
three
business
days.
35
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b.
For
requests
for
bids
and
proposals
for
goods
or
services
1
of
fifty
thousand
dollars
or
more,
five
business
days.
2
c.
For
requests
for
bids
and
proposals
of
fifty
thousand
3
dollars
or
more
for
a
public
improvement
project
as
defined
in
4
section
26.2
that
is
not
subject
to
the
competitive
bidding
5
requirements
of
chapter
26,
five
business
days.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
concerns
public
bidding
requirements
for
the
state
10
and
political
subdivisions
of
the
state.
11
DIVISION
I
——
SALE
OF
PUBLIC
REAL
PROPERTY.
This
division
12
concerns
requirements
relating
to
the
disposition
of
public
13
real
property.
14
Code
section
8A.321,
concerning
physical
resources
of
15
state
government,
is
amended
to
provide
that
if
real
property
16
belonging
to
the
state
is
disposed
of,
the
disposition
shall
17
be
made
under
a
procedure
where
the
property
shall
be
sold
to
18
the
highest
responsive,
responsible
bidder
unless
the
executive
19
council,
by
at
least
a
two-thirds
vote,
agrees
to
accept
a
20
different
bidder
for
good
cause.
21
Code
section
297.22,
concerning
disposition
of
property
of
22
a
school
district,
Code
section
331.361,
concerning
county
23
property,
Code
section
359.52,
concerning
disposal
of
property
24
by
a
township,
and
Code
section
364.7,
concerning
disposal
of
25
property
by
a
city,
are
amended
to
provide
that
the
governing
26
body
of
the
school,
county,
or
city
shall
sell
real
property
27
to
the
highest
responsive,
responsible
bidder
unless
the
28
governing
body,
by
at
least
a
two-thirds
vote,
agrees
to
accept
29
a
different
bidder
for
good
cause.
30
DIVISION
II
——
ADVERTISEMENT
OF
BIDS.
Code
section
73.2,
31
concerning
advertisements
for
bids,
is
amended
to
provide
that
32
in
addition
to
any
method
of
advertisement
required
by
law,
any
33
executive
branch
agency,
the
general
assembly,
the
judicial
34
branch,
county,
township,
school
district,
or
city
shall
ensure
35
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2326
publication
of
any
request
for
bids
and
proposals
for
a
certain
1
minimum
number
of
days
as
specified
by
the
bill.
The
bill
2
requires
publication
for
three
business
days
for
requests
for
3
bids
and
proposals
for
goods,
services,
or
a
public
improvement
4
of
$5,000
or
more
but
less
than
$50,000,
five
business
days
for
5
requests
for
bids
and
proposals
for
goods
and
services
of
more
6
than
$50,000,
and
five
business
days
for
requests
for
bids
and
7
proposals
on
a
public
improvement
project
of
$50,000
or
more
8
that
is
not
subject
to
Code
chapter
26.
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