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Senate File 2326 - IntroducedA Bill ForAn Act 1relating to public bidding.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2SALE OF PUBLIC REAL PROPERTY
3 Section 1. Section 8A.321, subsection 8, Code 2020, is
4amended to read as follows:
58. With the authorization of a constitutional majority
6of each house of the general assembly and approval by the
7governor, dispose of real property belonging to the state and
8its state agencies upon terms, conditions, and consideration
9as the director may recommend. Disposition of real property
10under this subsection shall be made under a procedure whereby
11the real property shall be sold to the highest responsive,
12responsible bidder, unless the executive council, by at least a
13two-thirds vote, agrees to accept a different bidder for good
14cause. If real property subject to sale under this subsection
15has been purchased or acquired from appropriated funds, the
16proceeds of the sale shall be deposited with the treasurer of
17state and credited to the general fund of the state or other
18fund from which appropriated. There is appropriated from that
19same fund, with the prior approval of the executive council and
20in cooperation with the director, a sum equal to the proceeds
21so deposited and credited to the state agency to which the
22disposed real property belonged or by which it was used, for
23purposes of the state agency.
24 Sec. 2. Section 297.22, subsection 1, paragraph a, Code
252020, is amended to read as follows:
26a. The board of directors of a school district may sell,
27lease, or dispose of, in whole or in part, a schoolhouse,
28school site, or other property belonging to the district. The
29board shall sell real property to the highest responsive,
30responsible bidder unless the board, by at least a two-thirds
31vote, agrees to accept a different bidder for good cause. If
32the real property contains less than two acres, is located
33outside of a city, is not adjacent to a city, and was
34previously used as a schoolhouse site, the procedure contained
35in sections 297.15 through 297.20 shall be followed in lieu of
-1-1this section.
2 Sec. 3. Section 331.361, subsection 2, Code 2020, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. 0a. The board shall dispose of real property
5under a procedure whereby real property shall be sold to the
6highest responsive, responsible bidder unless the board, by at
7least a two-thirds vote, agrees to accept a different bidder
8for good cause.
9 Sec. 4. Section 359.52, subsection 1, Code 2020, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. 0a. The board of trustees shall dispose of
12real property under a procedure whereby real property shall
13be sold to the highest responsive, responsible bidder unless
14the board, by at least a two-thirds vote, agrees to accept a
15different bidder for good cause.
16 Sec. 5. Section 364.7, Code 2020, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 01. The council shall dispose of real
19property under a procedure whereby real property shall be
20sold to the highest responsive, responsible bidder unless the
21council, by at least a two-thirds vote, agrees to accept a
22different bidder for good cause.
23DIVISION II
24ADVERTISEMENTS FOR BIDS
25 Sec. 6. Section 73.2, Code 2020, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 3. In addition to any method of
28advertisement required by law, any executive branch agency, the
29general assembly, the judicial branch, county, township, school
30district, or city shall ensure publication of any request for
31bids and proposals for the following minimum number of days:
32a. For requests for bids and proposals for goods, services,
33or a public improvement project as defined in section 26.2,
34of five thousand dollars or more but less than fifty thousand
35dollars, three business days.
-2- 1b. For requests for bids and proposals for goods or services
2of fifty thousand dollars or more, five business days.
3c. For requests for bids and proposals of fifty thousand
4dollars or more for a public improvement project as defined in
5section 26.2 that is not subject to the competitive bidding
6requirements of chapter 26, five business days.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill concerns public bidding requirements for the state
11and political subdivisions of the state.
12DIVISION I — SALE OF PUBLIC REAL PROPERTY. This division
13concerns requirements relating to the disposition of public
14real property.
15Code section 8A.321, concerning physical resources of
16state government, is amended to provide that if real property
17belonging to the state is disposed of, the disposition shall
18be made under a procedure where the property shall be sold to
19the highest responsive, responsible bidder unless the executive
20council, by at least a two-thirds vote, agrees to accept a
21different bidder for good cause.
22Code section 297.22, concerning disposition of property of
23a school district, Code section 331.361, concerning county
24property, Code section 359.52, concerning disposal of property
25by a township, and Code section 364.7, concerning disposal of
26property by a city, are amended to provide that the governing
27body of the school, county, or city shall sell real property
28to the highest responsive, responsible bidder unless the
29governing body, by at least a two-thirds vote, agrees to accept
30a different bidder for good cause.
31DIVISION II — ADVERTISEMENT OF BIDS. Code section 73.2,
32concerning advertisements for bids, is amended to provide that
33in addition to any method of advertisement required by law, any
34executive branch agency, the general assembly, the judicial
35branch, county, township, school district, or city shall ensure
-3-1publication of any request for bids and proposals for a certain
2minimum number of days as specified by the bill. The bill
3requires publication for three business days for requests for
4bids and proposals for goods, services, or a public improvement
5of $5,000 or more but less than $50,000, five business days for
6requests for bids and proposals for goods and services of more
7than $50,000, and five business days for requests for bids and
8proposals on a public improvement project of $50,000 or more
9that is not subject to Code chapter 26.
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2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2SALE OF PUBLIC REAL PROPERTY
3 Section 1. Section 8A.321, subsection 8, Code 2020, is
4amended to read as follows:
58. With the authorization of a constitutional majority
6of each house of the general assembly and approval by the
7governor, dispose of real property belonging to the state and
8its state agencies upon terms, conditions, and consideration
9as the director may recommend. Disposition of real property
10under this subsection shall be made under a procedure whereby
11the real property shall be sold to the highest responsive,
12responsible bidder, unless the executive council, by at least a
13two-thirds vote, agrees to accept a different bidder for good
14cause. If real property subject to sale under this subsection
15has been purchased or acquired from appropriated funds, the
16proceeds of the sale shall be deposited with the treasurer of
17state and credited to the general fund of the state or other
18fund from which appropriated. There is appropriated from that
19same fund, with the prior approval of the executive council and
20in cooperation with the director, a sum equal to the proceeds
21so deposited and credited to the state agency to which the
22disposed real property belonged or by which it was used, for
23purposes of the state agency.
24 Sec. 2. Section 297.22, subsection 1, paragraph a, Code
252020, is amended to read as follows:
26a. The board of directors of a school district may sell,
27lease, or dispose of, in whole or in part, a schoolhouse,
28school site, or other property belonging to the district. The
29board shall sell real property to the highest responsive,
30responsible bidder unless the board, by at least a two-thirds
31vote, agrees to accept a different bidder for good cause. If
32the real property contains less than two acres, is located
33outside of a city, is not adjacent to a city, and was
34previously used as a schoolhouse site, the procedure contained
35in sections 297.15 through 297.20 shall be followed in lieu of
-1-1this section.
2 Sec. 3. Section 331.361, subsection 2, Code 2020, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. 0a. The board shall dispose of real property
5under a procedure whereby real property shall be sold to the
6highest responsive, responsible bidder unless the board, by at
7least a two-thirds vote, agrees to accept a different bidder
8for good cause.
9 Sec. 4. Section 359.52, subsection 1, Code 2020, is amended
10by adding the following new paragraph:
11 NEW PARAGRAPH. 0a. The board of trustees shall dispose of
12real property under a procedure whereby real property shall
13be sold to the highest responsive, responsible bidder unless
14the board, by at least a two-thirds vote, agrees to accept a
15different bidder for good cause.
16 Sec. 5. Section 364.7, Code 2020, is amended by adding the
17following new subsection:
18 NEW SUBSECTION. 01. The council shall dispose of real
19property under a procedure whereby real property shall be
20sold to the highest responsive, responsible bidder unless the
21council, by at least a two-thirds vote, agrees to accept a
22different bidder for good cause.
23DIVISION II
24ADVERTISEMENTS FOR BIDS
25 Sec. 6. Section 73.2, Code 2020, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 3. In addition to any method of
28advertisement required by law, any executive branch agency, the
29general assembly, the judicial branch, county, township, school
30district, or city shall ensure publication of any request for
31bids and proposals for the following minimum number of days:
32a. For requests for bids and proposals for goods, services,
33or a public improvement project as defined in section 26.2,
34of five thousand dollars or more but less than fifty thousand
35dollars, three business days.
-2- 1b. For requests for bids and proposals for goods or services
2of fifty thousand dollars or more, five business days.
3c. For requests for bids and proposals of fifty thousand
4dollars or more for a public improvement project as defined in
5section 26.2 that is not subject to the competitive bidding
6requirements of chapter 26, five business days.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill concerns public bidding requirements for the state
11and political subdivisions of the state.
12DIVISION I — SALE OF PUBLIC REAL PROPERTY. This division
13concerns requirements relating to the disposition of public
14real property.
15Code section 8A.321, concerning physical resources of
16state government, is amended to provide that if real property
17belonging to the state is disposed of, the disposition shall
18be made under a procedure where the property shall be sold to
19the highest responsive, responsible bidder unless the executive
20council, by at least a two-thirds vote, agrees to accept a
21different bidder for good cause.
22Code section 297.22, concerning disposition of property of
23a school district, Code section 331.361, concerning county
24property, Code section 359.52, concerning disposal of property
25by a township, and Code section 364.7, concerning disposal of
26property by a city, are amended to provide that the governing
27body of the school, county, or city shall sell real property
28to the highest responsive, responsible bidder unless the
29governing body, by at least a two-thirds vote, agrees to accept
30a different bidder for good cause.
31DIVISION II — ADVERTISEMENT OF BIDS. Code section 73.2,
32concerning advertisements for bids, is amended to provide that
33in addition to any method of advertisement required by law, any
34executive branch agency, the general assembly, the judicial
35branch, county, township, school district, or city shall ensure
-3-1publication of any request for bids and proposals for a certain
2minimum number of days as specified by the bill. The bill
3requires publication for three business days for requests for
4bids and proposals for goods, services, or a public improvement
5of $5,000 or more but less than $50,000, five business days for
6requests for bids and proposals for goods and services of more
7than $50,000, and five business days for requests for bids and
8proposals on a public improvement project of $50,000 or more
9that is not subject to Code chapter 26.
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