Senate File 60
SENATE FILE
BY WARNSTADT
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act transferring the powers and duties of the Missouri river
2 preservation and land use authority to the loess hills
3 development and conservation authority and providing effective
4 dates.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 1249XS 80
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PAG LIN
1 1 Section 1. Section 463B.1, Code 2003, is amended to read
1 2 as follows:
1 3 463B.1 LEGISLATIVE FINDINGS.
1 4 The general assembly finds that the Missouri river is an
1 5 important natural resource to the state of Iowa and that the
1 6 creation of comprehensive plans which lead to the purchase,
1 7 development, and preservation of land adjacent to the Missouri
1 8 river will provide recreational and economic benefits to the
1 9 state and to the counties and cities which border on the
1 10 river. The general assembly further finds that current
1 11 planning and purchase efforts relating to development of
1 12 Missouri riverfront property have fallen short of the goal of
1 13 developing a comprehensive plan for the recreational
1 14 development of the Missouri river and that the creation of an
1 15 loess hills development and conservation authority which has
1 16 the mission of engaging in these efforts will have a greater
1 17 likelihood of reaching the desired goal.
1 18 Sec. 2. Section 463B.2, subsection 1, Code 2003, is
1 19 amended by striking the subsection and inserting in lieu
1 20 thereof the following:
1 21 1. The loess hills development and conservation authority
1 22 created in section 161D.1 shall engage in comprehensive
1 23 planning for and the development and implementation of
1 24 strategies designed to preserve and restore the natural beauty
1 25 of the land adjacent to and the water of the Missouri river
1 26 through land acquisition. Planning and implementation
1 27 activities shall be coordinated with plans and implementation
1 28 activities of the department of natural resources for lands
1 29 owned or acquired by the department.
1 30 Sec. 3. Section 463B.2, subsection 3, Code 2003, is
1 31 amended to read as follows:
1 32 3. The authority shall develop plans and proposals and
1 33 conduct public hearings relating to the conservation,
1 34 preservation, and acquisition of land adjacent to the Missouri
1 35 river. In developing plans and proposals the authority shall
2 1 consult with any person or organization which has interests
2 2 that would be affected by the acquisition and development of
2 3 Missouri river property in accordance with the mission of the
2 4 authority, including but not limited to utility companies,
2 5 municipalities, agricultural organizations, the corps of
2 6 engineers, rural water districts, soil and water conservation
2 7 districts, private water suppliers, business and industry
2 8 organizations, drainage and levee district associations,
2 9 benefited recreational lake districts, and any soil
2 10 conservation organizations. The authority shall include a
2 11 copy of any plans and proposals and shall document the results
2 12 and findings of those hearings in a report or series of
2 13 reports. The authority shall submit an initial report,
2 14 including an outline for a proposed ten=year plan and
2 15 strategies for the attainment of the goals of this section, to
2 16 the general assembly by the first day of the legislative
2 17 session which commences in 1993. As part of the authority's
2 18 planning and coordinating effort, the authority shall consult,
2 19 at least annually, with the Iowa boundary commission and shall
2 20 send copies of the minutes of all meetings of the authority to
2 21 the commission. Within one year of July 1, 1991, the
2 22 authority shall meet with the Iowa boundary commission.
2 23 Meetings with the Iowa boundary commission shall be held at a
2 24 time and a place agreed to between the commission and the
2 25 authority.
2 26 Sec. 4. Section 463B.3, Code 2003, is amended to read as
2 27 follows:
2 28 463B.3 MISSOURI RIVER PRESERVATION AND LAND USE FUND.
2 29 A Missouri river preservation and land use fund is
2 30 established in the office of treasurer of state, to be
2 31 administered by and subject to the use of the Missouri river
2 32 preservation and land use loess hills development and
2 33 conservation authority for the purposes established in section
2 34 463B.2. The Missouri river preservation and land use
2 35 authority may accept gifts, grants, bequests, other moneys
3 1 including but not limited to state or federal moneys, and in=
3 2 kind contributions for deposit in the fund for the use of the
3 3 authority to carry out the authority's mission. Gifts,
3 4 grants, and bequests from public and private sources, state
3 5 and federal moneys, and other moneys received by the authority
3 6 shall be deposited in the fund and any interest earned on the
3 7 fund shall be credited to the fund to be used for the purposes
3 8 specified in section 463B.2. Notwithstanding section 8.33,
3 9 any unexpended or unencumbered moneys remaining in the fund at
3 10 the end of a fiscal year shall not revert to the general fund,
3 11 but shall remain available for expenditure by the authority in
3 12 succeeding fiscal years.
3 13 Sec. 5. TRANSITION.
3 14 1. Before July 1, 2003, the Missouri river preservation
3 15 and land use authority shall cooperate with the loess hills
3 16 preservation and conservation authority in planning for the
3 17 transfer of all records, equipment, and properties, and the
3 18 administration of the Missouri river preservation and land use
3 19 fund, to the loess hills development and conservation
3 20 authority on July 1, 2003. The plans shall also include the
3 21 transfer or layoff of employees of the Missouri river
3 22 preservation and land use authority. All transferred
3 23 employees shall retain their employment rights and accrued
3 24 benefits.
3 25 2. Effective July 1, 2003, the Missouri river preservation
3 26 and land use authority is abolished and the terms of office of
3 27 members of the Missouri river preservation and land use
3 28 authority shall expire on that date. All actions taken by the
3 29 Missouri river preservation and land use authority pursuant to
3 30 chapter 463B before July 1, 2003, remain in effect until
3 31 modified or rescinded by actions of the loess hills
3 32 development and conservation authority on or after July 1,
3 33 2003, pursuant to this Act.
3 34 Sec. 6. EFFECTIVE DATE. Section 5 of this Act, being
3 35 deemed of immediate importance, takes effect upon enactment.
4 1 EXPLANATION
4 2 This bill abolishes the Missouri river preservation and
4 3 land use authority and transfers its powers and duties under
4 4 Code chapter 463B to the loess hills development and
4 5 conservation authority created in Code section 161D.1. The
4 6 bill provides for the transfer of records, equipment,
4 7 properties, moneys, and personnel.
4 8 The transition provisions take effect upon enactment. The
4 9 remainder of the bill takes effect on July 1, 2003.
4 10 LSB 1249XS 80
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