House
Study
Bill
765
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
APPROPRIATIONS
BILL
BY
CHAIRPERSON
MOHR)
A
BILL
FOR
An
Act
relating
to
the
review
and
sale
of
state
buildings.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
NEW
SECTION
.
8A.321A
State
property
1
optimization.
2
1.
For
purposes
of
this
section:
3
a.
“State
building”
means
the
same
as
defined
in
section
4
8A.318.
5
b.
“Underutilized
property”
means
a
property
that
has
an
6
occupancy
rate
of
less
than
fifty
percent
or
for
which
the
cost
7
of
operations
and
deferred
maintenance
exceeds
the
current
8
market
value
or
replacement
cost
of
the
state
building.
9
2.
The
director
shall
maintain
a
digital
inventory
of
all
10
state
buildings.
The
digital
inventory
must
be
available
on
11
the
department’s
internet
site.
12
3.
The
director
shall
establish
a
four-year
review
cycle.
13
In
each
fiscal
year,
the
department
shall
review
and
evaluate
14
at
least
twenty-five
percent
of
the
state’s
building
inventory.
15
The
evaluation
must
assess
the
utilization,
condition,
16
operating
costs,
and
market
value
of
each
property.
The
17
director
may
contract
with
a
third
party
to
perform
the
review
18
and
evaluation.
19
4.
On
or
before
December
1
of
each
year,
the
director
shall
20
submit
a
state
building
optimization
report
to
the
governor
21
and
the
general
assembly.
The
report
must
identify
each
state
22
building
found
to
be
an
underutilized
property
during
the
23
review
cycle.
24
5.
An
agency
in
control
of
a
state
building
identified
as
25
an
underutilized
property
in
the
state
building
optimization
26
report
shall,
within
sixty
days
of
the
report’s
release,
27
initiate
the
process
to
vacate
and
dispose
of
the
property.
28
6.
If
an
agency
seeks
to
retain
an
underutilized
property,
29
the
agency
head
must
submit
a
written
request
justifying
30
retention
to
the
legislative
council
detailing
the
necessity
of
31
the
property
for
the
agency’s
mission
and
a
plan
to
improve
the
32
utilization
of
the
state
building
within
twelve
months.
33
a.
The
agency
shall
not
base
a
retention
request
on
any
of
34
the
following:
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(1)
Anticipated
future
growth
that
is
not
funded
in
the
1
current
fiscal
year’s
appropriation.
2
(2)
Storage
of
obsolete
records
or
equipment
that
can
be
3
digitized
or
disposed
of.
4
(3)
Convenience
of
location
for
staff.
5
b.
The
agency
must
demonstrate,
with
quantitative
data,
6
that
no
other
currently
owned
state
building
can
accommodate
7
the
agency’s
needs,
and
that
the
cost
of
retaining
the
8
underutilized
property
is
lower
than
the
cost
of
leasing
9
comparable
private
sector
space.
10
c.
If
the
property
requires
deferred
maintenance
that
11
costs
more
than
ten
percent
of
the
property’s
value
to
become
12
fully
functional,
the
agency
must
provide
proof
of
all
of
the
13
following:
14
(1)
Funding
for
the
repairs
has
already
been
appropriated
15
or
secured
or
will
be
sought
during
the
next
session
of
the
16
general
assembly.
17
(2)
A
contract
for
the
repairs
is
ready
to
be
executed
18
within
ninety
days
of
receiving
funding.
19
7.
Subsections
5
and
6
do
not
apply
to
underutilized
20
property
at
a
location
required
by
law.
21
8.
The
legislative
council
may
reject
a
retention
22
justification
plan
by
majority
vote.
If
rejected,
the
agency
23
shall
immediately
proceed
with
disposal
of
the
property.
24
9.
Fifty
percent
of
the
net
proceeds
from
the
sale
of
an
25
underutilized
property
under
this
section
shall
be
deposited
in
26
the
rebuild
Iowa
infrastructure
fund
created
in
section
8.57.
27
The
remaining
fifty
percent
shall
be
deposited
in
the
general
28
fund
of
the
state.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
This
bill
requires
the
director
of
the
department
of
33
administrative
services
(department)
to
maintain
a
digital
34
inventory
of
all
state
buildings
on
the
department’s
internet
35
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site
and
to
establish
a
four-year
review
cycle
of
the
1
state’s
building
inventory.
The
evaluation
must
assess
the
2
utilization,
condition,
operating
costs,
and
market
value
of
3
each
property.
The
director
may
contract
with
a
third
party
to
4
perform
the
review
and
evaluation.
The
director
must
submit
an
5
annual
state
building
optimization
report
to
the
governor
and
6
the
general
assembly
that
identifies
each
state
building
found
7
to
be
an
underutilized
property,
defined
in
the
bill,
during
8
the
review
cycle.
9
The
bill
provides
that
an
agency
in
control
of
an
10
underutilized
property
must,
within
60
days
of
the
report’s
11
release,
begin
the
process
to
vacate
and
dispose
of
the
12
property.
If
an
agency
wants
to
retain
an
underutilized
13
property,
the
agency
head
must
submit
a
written
retention
14
justification
to
the
legislative
council
detailing
the
15
necessity
of
the
property
for
the
agency’s
mission
and
a
16
plan
to
improve
the
utilization
of
the
state
building
within
17
12
months.
The
legislative
council
may
reject
a
retention
18
justification
plan
by
majority
vote.
If
rejected,
the
agency
19
must
immediately
proceed
with
disposal
of
the
property.
Half
20
of
the
net
proceeds
from
the
sale
of
an
underutilized
property
21
shall
be
deposited
in
the
rebuild
Iowa
infrastructure
fund
and
22
half
shall
be
deposited
in
the
general
fund
of
the
state.
23
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