SSB 1083 (LSB 1238XD (2) 90)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF ADMINISTRATIVE SERVICES BILL)

A BILL FOR

An Act relating to the disposition of real property belonging to the state by the director of the department of administrative services.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 8A.321, subsection 8, Code 2023, is amended to read as follows:
   8.  a.  With the authorization of a constitutional majority of each house of the general assembly and approval by the governor, dispose of real property belonging to the state and its state agencies on the capitol complex upon terms, conditions, and consideration as the director may recommend. If real property subject to sale under this subsection has been purchased or acquired from appropriated funds, the The proceeds of the sale of real property under this paragraph shall be deposited with the treasurer of state and credited to the general fund of the state or other fund from which appropriated.
   b.  Except as provided in paragraph “a”, the director may dispose of real property belonging to the state and its state agencies upon terms, conditions, and consideration as the director may determine with the approval of the executive council pursuant to section 7D.29 or pursuant to other authority granted by law. However, if the real property is under the jurisdiction or control of an agency of this state which has the express statutory power to dispose of the real property, the agency must approve the director’s proposed plan of disposition of that real property prior to the director’s submission of the proposed plan of disposition to the executive council. The approval by a state agency with the express statutory power to dispose of the real property shall be in the same method and manner as the sale or disposition of the real property by the state agency. If real property subject to sale has been purchased or acquired from appropriated funds, the proceeds of the sale shall be deposited with the treasurer of state and credited to the general fund of the state or other fund from which appropriated.  There is appropriated from that same fund, with the prior approval of the executive council and in cooperation with the director, a sum equal to the proceeds so deposited and credited to the state agency to which the disposed real property belonged or by which it was used, for purposes of the state agency.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill concerns the disposition of real property belonging to the state and its agencies by the department of administrative services (DAS). The bill provides that the current requirement of receiving authorization of a constitutional majority of each house of the general assembly and approval by the governor prior to disposition of real property is limited to the disposition of real property on the capitol complex. For all other real property, the bill provides that the DAS director may dispose of the property on terms the director may determine with the approval of the executive council or by other authority granted by law. The bill provides that if the real property is under the jurisdiction or control of a state agency which has the express statutory power to dispose of the real property, the state agency must approve the DAS director’s proposed plan of disposition of that real property. Current provisions governing the disposition of proceeds from the sale of real property apply to the disposition of real property as provided by the bill.