Text: HSB200            Text: HSB202


House Study Bill 201

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF ADMINISTRATIVE SERVICES BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act concerning the authority of the department of 2 administrative services relative to existing leases on real 3 property acquired by the department. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1418DP 83 6 ec/nh/5 PAG LIN 1 1 Section 1. Section 8A.321, subsection 9, Code 2009, is 1 2 amended to read as follows: 1 3 9. a. With the approval of the executive council pursuant 1 4 to section 7D.29 or pursuant to other authority granted by 1 5 law, acquire real property to be held by the department in the 1 6 name of the state as follows: 1 7 a. (1) By purchase, lease, option, gift, grant, bequest, 1 8 devise, or otherwise. 1 9 b. (2) By exchange of real property belonging to the 1 10 state for property belonging to another person. 1 11 b. If real property acquired by the department in the name 1 12 of the state is subject to a lease in effect at the time of 1 13 acquisition, the director may honor and maintain the existing 1 14 lease subject to the following requirements: 1 15 (1) The lease shall not be renewed beyond the term of the 1 16 existing lease including any renewal periods under the lease 1 17 that are solely at the discretion of the lessee. 1 18 (2) The lease shall not be renewed by the department as 1 19 the lessor if the lessor has discretion to not renew under the 1 20 existing lease. 1 21 (3) The lease shall not be maintained for a period in 1 22 excess of ten years from the date of acquisition of the real 1 23 property, including any renewal periods, without the approval 1 24 of the executive council. 1 25 (4) The lease shall not be maintained if the lessee at the 1 26 time of the acquisition ceases to occupy the leased property. 1 27 EXPLANATION 1 28 This bill authorizes the department of administrative 1 29 services to maintain an existing lease related to real 1 30 property acquired by the department on behalf of the state. 1 31 The bill establishes certain limitations on this authority, 1 32 including that the lease is not to be renewed beyond the term 1 33 of the existing lease and any renewal periods that are solely 1 34 at the discretion of the lessee; the lease is not to be 1 35 renewed by the department as the lessor if the lessor has 2 1 discretion to not renew under the existing lease; the lease is 2 2 not to be maintained for a period in excess of 10 years from 2 3 the date of acquisition without the approval of the executive 2 4 council; and the lease is not to be maintained if the lessee 2 5 at the time of the acquisition ceases to occupy the leased 2 6 property. 2 7 LSB 1418DP 83 2 8 ec/nh/5
Text: HSB200            Text: HSB202