Bill Text: IA SSB1083 | 2023-2024 | 90th General Assembly | Introduced


Bill Title: 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.

Spectrum: Committee Bill

Status: (Introduced) 2023-01-31 - Subcommittee recommends amendment and passage. []. [SSB1083 Detail]

Download: Iowa-2023-SSB1083-Introduced.html
Senate Study Bill 1083 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF ADMINISTRATIVE SERVICES BILL) A BILL FOR An Act relating to the disposition of real property belonging 1 to the state by the director of the department of 2 administrative services. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1238XD (2) 90 ec/rn
S.F. _____ H.F. _____ Section 1. Section 8A.321, subsection 8, Code 2023, is 1 amended to read as follows: 2 8. a. With the authorization of a constitutional majority 3 of each house of the general assembly and approval by the 4 governor, dispose of real property belonging to the state 5 and its state agencies on the capitol complex upon terms, 6 conditions, and consideration as the director may recommend. 7 If real property subject to sale under this subsection has 8 been purchased or acquired from appropriated funds, the The 9 proceeds of the sale of real property under this paragraph 10 shall be deposited with the treasurer of state and credited 11 to the general fund of the state or other fund from which 12 appropriated . 13 b. Except as provided in paragraph “a” , the director may 14 dispose of real property belonging to the state and its state 15 agencies upon terms, conditions, and consideration as the 16 director may determine with the approval of the executive 17 council pursuant to section 7D.29 or pursuant to other 18 authority granted by law. However, if the real property is 19 under the jurisdiction or control of an agency of this state 20 which has the express statutory power to dispose of the real 21 property, the agency must approve the director’s proposed plan 22 of disposition of that real property prior to the director’s 23 submission of the proposed plan of disposition to the executive 24 council. The approval by a state agency with the express 25 statutory power to dispose of the real property shall be in 26 the same method and manner as the sale or disposition of the 27 real property by the state agency. If real property subject to 28 sale has been purchased or acquired from appropriated funds, 29 the proceeds of the sale shall be deposited with the treasurer 30 of state and credited to the general fund of the state or other 31 fund from which appropriated. There is appropriated from that 32 same fund, with the prior approval of the executive council and 33 in cooperation with the director, a sum equal to the proceeds 34 so deposited and credited to the state agency to which the 35 -1- LSB 1238XD (2) 90 ec/rn 1/ 2
S.F. _____ H.F. _____ disposed real property belonged or by which it was used, for 1 purposes of the state agency. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill concerns the disposition of real property 6 belonging to the state and its agencies by the department 7 of administrative services (DAS). The bill provides that 8 the current requirement of receiving authorization of a 9 constitutional majority of each house of the general assembly 10 and approval by the governor prior to disposition of real 11 property is limited to the disposition of real property on 12 the capitol complex. For all other real property, the bill 13 provides that the DAS director may dispose of the property 14 on terms the director may determine with the approval of 15 the executive council or by other authority granted by law. 16 The bill provides that if the real property is under the 17 jurisdiction or control of a state agency which has the 18 express statutory power to dispose of the real property, the 19 state agency must approve the DAS director’s proposed plan 20 of disposition of that real property. Current provisions 21 governing the disposition of proceeds from the sale of real 22 property apply to the disposition of real property as provided 23 by the bill. 24 -2- LSB 1238XD (2) 90 ec/rn 2/ 2
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