8A.321 - PHYSICAL RESOURCES AND FACILITY MANAGEMENT -- DIRECTOR DUTIES -- APPROPRIATION.
8A.321 PHYSICAL RESOURCES AND FACILITY MANAGEMENT --
DIRECTOR DUTIES -- APPROPRIATION.
In managing the physical resources of government, the director
shall perform all of the following duties:
1. Provide for supervision over the custodians and other
employees of the department in and about the state laboratories
facility in Ankeny and in and about the capitol and other state
buildings at the seat of government, except the buildings and grounds
referred to in section 216B.3, subsection 6.
2. Institute, in the name of the state, and with the advice and
consent of the attorney general, civil and criminal proceedings
against any person for injury or threatened injury to any public
property, including but not limited to intangible and intellectual
property, under the person's control.
3. Under the direction of the governor, provide, furnish, and pay
for public utilities service, heat, maintenance, minor repairs, and
equipment in operating and maintaining the official residence of the
governor of Iowa.
4. Contract, with the approval of the executive council, for the
repair, remodeling, or, if the condition warrants, demolition of all
buildings and grounds of the state at the seat of government, at the
state laboratories facility in Ankeny, and the institutions of the
department of human services and the department of corrections for
which no specific appropriation has been made, if the cost of repair,
remodeling, or demolition will not exceed one hundred thousand
dollars when completed. The cost of repair projects for which no
specific appropriation has been made shall be paid from the fund
provided in section 7D.29.
5. Dispose of all personal property of the state under the
director's control as provided by section 8A.324 when it becomes
unnecessary or unfit for further use by the state. If the director
concludes that the personal property is contaminated, contains
hazardous waste, or is hazardous waste, the director may charge the
state agency responsible for the property for removal and disposal of
the personal property. The director shall adopt rules establishing
the procedures for inspecting, selecting, and removing personal
property from state agencies or from state storage.
6. a. Lease all buildings and office space necessary to carry
out the provisions of this subchapter or necessary for the proper
functioning of any state agency at the seat of government. For state
agencies at the seat of government, the director may lease buildings
and office space in Polk county or in a county contiguous to Polk
county. If no specific appropriation has been made, the proposed
lease shall be submitted to the executive council for approval. The
cost of any lease for which no specific appropriation has been made
shall be paid from the fund provided in section 7D.29.
b. When the general assembly is not in session, the director
may request moneys from the executive council for moving state
agencies located at the seat of government from one location to
another. The request may include moving costs, telecommunications
costs, repair costs, or any other costs relating to the move. The
executive council may approve and shall pay the costs from funds
provided in section 7D.29 if it determines the agency or department
has no available funds for these expenses.
c. Coordinate the leasing of buildings and office space by
state agencies throughout the state and develop cooperative
relationships with the state board of regents in order to promote the
colocation of state agencies.
7. Unless otherwise provided by law, coordinate the location,
design, plans and specifications, construction, and ultimate use of
the real or personal property to be purchased by a state agency for
whose benefit and use the property is being obtained.
a. If the purchase of real or personal property is to be
financed pursuant to section 12.28, the department shall cooperate
with the treasurer of state in providing the information necessary to
complete the financing of the property.
b. A contract for acquisition, construction, erection,
demolition, alteration, or repair by a private person of real or
personal property to be lease-purchased by the treasurer of state
pursuant to section 12.28 is exempt from section 8A.311, subsections
1 and 11, unless the lease-purchase contract is funded in advance by
a deposit of the lessor's moneys to be administered by the treasurer
of state under a lease-purchase contract which requires rent payments
to commence upon delivery of the lessor's moneys to the lessee.
8. 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 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 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.
9. a. With the approval of the executive council pursuant to
section 7D.29 or pursuant to other authority granted by law, acquire
real property to be held by the department in the name of the state
as follows:
(1) By purchase, lease, option, gift, grant, bequest, devise, or
otherwise.
(2) By exchange of real property belonging to the state for
property belonging to another person.
b. If real property acquired by the department in the name of
the state is subject to a lease in effect at the time of acquisition,
the director may honor and maintain the existing lease subject to the
following requirements:
(1) The lease shall not be renewed beyond the term of the
existing lease including any renewal periods under the lease that are
solely at the discretion of the lessee.
(2) The lease shall not be renewed by the department as the
lessor if the lessor has discretion to not renew under the existing
lease.
(3) The lease shall not be maintained for a period in excess of
ten years from the date of acquisition of the real property,
including any renewal periods, without the approval of the executive
council.
(4) The lease shall not be maintained if the lessee at the time
of the acquisition ceases to occupy the leased property.
10. Subject to the selection procedures of section 12.30, employ
financial consultants, banks, insurers, underwriters, accountants,
attorneys, and other advisors or consultants necessary to implement
the provisions of subsection 7.
11. Prepare annual status reports for all capital projects in
progress of the department, and submit the status reports to the
legislative services agency and the department of management on or
before January 15 of each year.
12. In carrying out the requirements of section 64.6, purchase an
individual or a blanket surety bond insuring the fidelity of state
officers. The department may self-assume or self-insure fidelity
exposures for state officials and employees. A state official is
deemed to have furnished surety if the official has been covered by a
program of insurance or self-insurance established by the department.
To the extent possible, all bonded state employees shall be covered
under one or more blanket bonds or position schedule bonds.
13. Review the management of state property loss exposures and
state liability risk exposures for the capitol complex. Insurance
coverage may include self-insurance or any type of insurance
protection sold by insurers, including, but not limited to, full
coverage, partial coverage, coinsurance, reinsurance, and deductible
insurance coverage.
14. Establish a monument maintenance account in the state
treasury under the control of the department. Funds for the
maintenance of a state monument, whether received by gift, devise,
bequest, or otherwise, shall be deposited in the account. Funds in
the account shall be deposited in an interest-bearing account.
Notwithstanding section 12C.7, interest earned on the account shall
be deposited in the account and shall be used to maintain the
designated monument. Any maintenance funds for a state monument held
by the state and interest earned on the funds shall be used to
maintain the designated monument. Notwithstanding section 8.33,
funds in the monument maintenance account at the end of a fiscal year
shall not revert to the general fund of the state. Section History: Recent Form
2003 Acts, ch 145, §36; 2004 Acts, ch 1101, §7; 2006 Acts, ch
1179, §36; 2006 Acts, ch 1182, §56; 2007 Acts, ch 115, §7; 2007 Acts,
ch 219, §31; 2008 Acts, ch 1032, §201; 2009 Acts, ch 28, §1
Referred to in § 8A.111, 8A.327, 99D.5, 99D.6, 303.2, 303.9