Text: H05959                            Text: H05961
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House Amendment 5960

Amendment Text

PAG LIN
  1  1    Amend House File 2421, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 2, by inserting after line 20 the
  1  4 following:
  1  5    "8.  For automating the oversize vehicle permitting
  1  6 system authorized under chapter 321E in order to
  1  7 improve communication between carriers and the
  1  8 department regarding changing road conditions,
  1  9 including construction zones:  
  1 10 .................................................. $    125,000"
  1 11    #2.  Page 3, by inserting after line 14 the
  1 12 following:
  1 13    "g.  For construction, reconstruction, and
  1 14 maintenance of the state highway system as
  1 15 appropriated for in chapter 313:  
  1 16 .................................................. $300,000,000
  1 17    It is the intent of the general assembly, that if
  1 18 additional moneys become available to the primary road
  1 19 fund, the state transportation commission may expend
  1 20 the funds pursuant to section 313.4.  Of the
  1 21 appropriation in this paragraph, the following amount
  1 22 shall be used by the department for construction of an
  1 23 overpass on highway 218 located between Ainsworth and
  1 24 Riverside for the purpose of facilitating access to
  1 25 schools located in the Highland community school
  1 26 district:  
  1 27 .................................................. $  1,617,000"
  1 28    #3.  Page 4, by striking lines 15 and 16 and
  1 29 inserting the following:
  1 30    "b.  For field garage facilities in Anamosa and
  1 31 Southeast Des Moines:  
  1 32 .................................................. $  1,500,000"
  1 33    #4.  Page 4, by striking line 30 and inserting the
  1 34 following:  "the highway construction program and
  1 35 highway".
  1 36    #5.  Page 5, line 2, by inserting after the figure
  1 37 "1996." the following:  "The department shall include
  1 38 input from department employees who are members of a
  1 39 statewide employee organization on the effects of
  1 40 implementation of these recommendations on job-related
  1 41 activities and employee displacement."
  1 42    #6.  Page 5, by inserting after line 2 the
  1 43 following:
  1 44    "3.  The department shall study the feasibility of
  1 45 joining the I-35 corridor coalition and the multistate
  1 46 highway transportation agreement and the effects on
  1 47 the state interstate system from designation of I-35
  1 48 as a portion of the international NAFTA super highway.
  1 49    Sec.    .  DIRECTIVES TO STATE DEPARTMENT OF
  1 50 TRANSPORTATION.  The state department of
  2  1 transportation shall establish a maintenance standard,
  2  2 equivalent to the department's "c" classification for
  2  3 maintenance, on state highways located between
  2  4 population centers of ten thousand or more persons.
  2  5    Sec.    .  DIRECTIVES.  The state department of
  2  6 transportation shall consider the location of the Iowa
  2  7 communication network's underground facilities and
  2  8 other telecommunication underground facilities when
  2  9 engineering road construction and repair projects and,
  2 10 where possible, shall engineer projects to minimize
  2 11 relocation of Iowa communications network underground
  2 12 facilities and other telecommunication underground
  2 13 facilities."
  2 14    #7.  Page 5, by striking lines 13 through 15 and
  2 15 inserting the following:  
  2 16    "a.  1996-1997 FY ............................. $ 52,000,000
  2 17    b.  1997-1998 FY .............................. $ 12,890,000
  2 18    c.  1998-1999 FY .............................. $ 11,350,000"
  2 19    #8.  Page 6, by inserting after line 26 the
  2 20 following:
  2 21    "g.  For planning the renovation of Lang hall at
  2 22 the university of northern Iowa:  
  2 23 .................................................. $  1,000,000
  2 24    h.  For the renovation of Lang hall at the
  2 25 university of northern Iowa:  
  2 26 .................................................. $  9,100,000"
  2 27    #9.  Page 7, by inserting after line 14 the
  2 28 following:
  2 29    "5.  The state board of regents may use any
  2 30 available resources for planning the renovation of
  2 31 Lang hall at the university of northern Iowa."
  2 32    #10.  Page 7, by inserting after line 23 the
  2 33 following:  
  2 34             "DEPARTMENT OF CULTURAL AFFAIRS
  2 35    Sec.    .  There is appropriated from the rebuild
  2 36 Iowa infrastructure fund of the state to the
  2 37 department of cultural affairs for the fiscal year
  2 38 beginning July 1, 1996, and ending June 30, 1997, the
  2 39 following amount, or so much thereof as is necessary,
  2 40 to be allocated to an Iowa project that has received a
  2 41 national endowment for the humanities award for a
  2 42 museum and discovery center; provided the average wage
  2 43 of all full-time employees of the museum and discovery
  2 44 center is at least one hundred percent of the average
  2 45 full-time county wage:  
  2 46 .................................................. $    500,000
  2 47    Allocation of moneys pursuant to this section shall
  2 48 be contingent upon a two-to-one matching contribution
  2 49 of private moneys.
  2 50    It is the intent of the general assembly that an
  3  1 additional $500,000 shall be appropriated from the
  3  2 rebuild Iowa infrastructure fund for the fiscal year
  3  3 beginning July 1, 1997, for completion of the project
  3  4 in this section.
  3  5    Notwithstanding section 8.33, unencumbered or
  3  6 unobligated moneys remaining on June 30, 1997, from
  3  7 the funds appropriated in this section shall revert to
  3  8 the rebuild Iowa infrastructure fund on August 31,
  3  9 1997.  
  3 10                 DEPARTMENT OF EDUCATION
  3 11    Sec.    .  There is appropriated from the rebuild
  3 12 Iowa infrastructure fund of the state to the
  3 13 department of education for the fiscal year beginning
  3 14 July 1, 1996, and ending June 30, 1997, the following
  3 15 amounts, or so much thereof as is necessary, to be
  3 16 used for the purposes designated:
  3 17    1.  For community colleges to be allocated to each
  3 18 community college by the department of education based
  3 19 upon the proportional total of square footage space of
  3 20 buildings located on each community college campus:  
  3 21 .................................................. $  4,000,000
  3 22    Of the appropriation in this subsection and prior
  3 23 to allocation of any other moneys provided in this
  3 24 subsection, $500,000 shall be allocated to
  3 25 southwestern community college for construction of a
  3 26 rural heritage center.  Funding for the rural heritage
  3 27 center shall be contingent upon receipt of matching
  3 28 contributions from any other source.  The matching
  3 29 contributions may be in the form of donations of real
  3 30 property to house the center and shall be valued at
  3 31 the property's fair market value.  It is the intent of
  3 32 the general assembly that an additional $500,000 shall
  3 33 be appropriated for the fiscal year beginning July 1,
  3 34 1997, for the rural heritage center.
  3 35    Notwithstanding section 8.33, unencumbered or
  3 36 unobligated moneys remaining on June 30, 1998, from
  3 37 the funds appropriated in this subsection shall revert
  3 38 to the rebuild Iowa infrastructure fund on August 31,
  3 39 1998.
  3 40    2.  For improvement and maintenance of
  3 41 institutional roads on community college campuses:  
  3 42 .................................................. $    600,000
  3 43    Notwithstanding section 8.33, unencumbered or
  3 44 unobligated moneys remaining on June 30, 1997, from
  3 45 the funds appropriated in this subsection shall revert
  3 46 to the rebuild Iowa infrastructure fund on August 31,
  3 47 1997."
  3 48    #11.  By striking page 7, line 25, through page 8,
  3 49 line 23, and inserting the following:
  3 50    "Sec. 50.  There is appropriated from the rebuild
  4  1 Iowa infrastructure fund of the state to the
  4  2 department of general services for the fiscal year
  4  3 beginning July 1, 1995, and ending June 30, 1996, the
  4  4 following amount, or so much thereof as is necessary,
  4  5 to be used for the following purpose:
  4  6    To provide for the renovation and repair of the
  4  7 soldiers and sailors monument of the civil war and the
  4  8 Allison monument located on the state capitol complex:  
  4  9 ................................................. $    200,000
  4 10    Of the appropriation in this section, $50,000 shall
  4 11 be used for renovation and repair of the Allison
  4 12 monument located on the state capitol complex.  An
  4 13 effort shall be made by the department of education to
  4 14 match this appropriation from the citizens and the
  4 15 school children of Iowa as occurred when the monument
  4 16 was initially built.  
  4 17    Notwithstanding section 8.33, unencumbered or
  4 18 unobligated moneys remaining on June 30, 1998, from
  4 19 the funds appropriated in this section shall revert to
  4 20 the rebuild Iowa infrastructure fund on August 31,
  4 21 1998.
  4 22    Sec. 51.  There is appropriated from the rebuild
  4 23 Iowa infrastructure fund of the state to the
  4 24 department of general services for the fiscal year
  4 25 beginning July 1, 1995, and ending June 30, 1996, the
  4 26 following amount, or so much thereof as is necessary,
  4 27 to be used for the following purpose:
  4 28    To provide for the planning, siting, and
  4 29 construction of a world war II veterans memorial:  
  4 30 .................................................. $    200,000
  4 31    1.  The moneys appropriated in this section may be
  4 32 used to match nonstate funds for the planning, siting,
  4 33 and construction of the memorial.  The state match
  4 34 shall be $2 of state money for each $3 of nonstate
  4 35 money.
  4 36    2.  Notwithstanding section 8.33, unencumbered or
  4 37 unobligated moneys remaining on June 30, 1998, from
  4 38 the funds appropriated in this section shall revert to
  4 39 the rebuild Iowa infrastructure fund on August 31,
  4 40 1998.
  4 41    Sec.    .  There is appropriated from the rebuild
  4 42 Iowa infrastructure fund of the state to the
  4 43 department of general services for the fiscal year
  4 44 beginning July 1, 1996, and ending June 30, 1997, the
  4 45 following amounts, or so much thereof as is necessary,
  4 46 to be used for the purposes designated:
  4 47    1.  For major maintenance needs including health,
  4 48 life, and fire safety and for compliance with the
  4 49 federal Americans with Disabilities Act for state-
  4 50 owned buildings and facilities:  
  5  1 .................................................. $  6,500,000
  5  2    2.  For critical and deferred maintenance at
  5  3 Terrace Hill:  
  5  4 .................................................. $    150,000
  5  5    As a condition of receiving this appropriation,
  5  6 private matching funds must be contributed on a
  5  7 dollar-for-dollar basis.
  5  8    Notwithstanding section 8.33, unencumbered or
  5  9 unobligated funds remaining on June 30, 2001, from the
  5 10 funds appropriated in this section shall revert to the
  5 11 rebuild Iowa infrastructure fund of the state on
  5 12 August 31, 2001.
  5 13    Sec.    .
  5 14    1.  There is appropriated from the rebuild Iowa
  5 15 infrastructure fund of the state to the department of
  5 16 general services for the fiscal year beginning July 1,
  5 17 1996, and ending June 30, 1999, the following amounts,
  5 18 or so much thereof as is necessary, to be used for the
  5 19 projects in the amounts and for the fiscal years as
  5 20 designated in subsection 2:  
  5 21    a.  For the fiscal year beginning July 1, 1996, and
  5 22 ending June 30, 1997:
  5 23 .................................................. $ 20,700,000
  5 24    b.  For the fiscal year beginning July 1, 1997, and
  5 25 ending June 30, 1998:  
  5 26 .................................................. $ 14,600,000
  5 27    c.  For the fiscal year beginning July 1, 1998, and
  5 28 ending June 30, 1999:  
  5 29 .................................................. $  3,900,000
  5 30    2.  a.  For exterior state capitol building
  5 31 restoration:
  5 32    (1)  For the fiscal year beginning July 1, 1996,
  5 33 and ending June 30, 1997:  
  5 34 .................................................. $  9,300,000
  5 35    (2)  For the fiscal year beginning July 1, 1997,
  5 36 and ending June 30, 1998:  
  5 37 .................................................. $  7,600,000
  5 38    b.  For interior state capitol building
  5 39 restoration:
  5 40    (1)  For the fiscal year beginning July 1, 1996,
  5 41 and ending June 30, 1997:  
  5 42 .................................................. $  2,800,000
  5 43    (2)  For the fiscal year beginning July 1, 1998,
  5 44 and ending June 30, 1999:  
  5 45 .................................................. $  2,300,000
  5 46    c.  For renovation of the old historical building:
  5 47    (1)  For the fiscal year beginning July 1, 1996,
  5 48 and ending June 30, 1997:  
  5 49 .................................................. $  5,400,000
  5 50    (2)  For the fiscal year beginning July 1, 1997,
  6  1 and ending June 30, 1998:  
  6  2 .................................................. $  4,100,000
  6  3    (3)  For the fiscal year beginning July 1, 1998,
  6  4 and ending June 30, 1999:  
  6  5 .................................................. $  1,600,000
  6  6    d.  For renovation of the Lucas tunnel:
  6  7    (1)  For the fiscal year beginning July 1, 1996,
  6  8 and ending June 30, 1997:  
  6  9 .................................................. $    100,000
  6 10    (2)  For the fiscal year beginning July 1, 1997,
  6 11 and ending June 30, 1998:  
  6 12 .................................................. $    400,000
  6 13    e.  For renovation of the Lucas state office
  6 14 building:
  6 15    (1)  For the fiscal year beginning July 1, 1996,
  6 16 and ending June 30, 1997:  
  6 17 .................................................. $    3,100,000
  6 18    (2)  For the fiscal year beginning July 1, 1997,
  6 19 and ending June 30, 1998:  
  6 20 .................................................. $  2,500,000
  6 21    It is the intent of the general assembly that the
  6 22 first and second floors of the Lucas state office
  6 23 building shall be used primarily by the general
  6 24 assembly and other legislative agencies.  
  6 25    Notwithstanding section 8.33, unencumbered or
  6 26 unobligated funds remaining on June 30, 2001, from the
  6 27 funds appropriated in this section shall revert to the
  6 28 rebuild Iowa infrastructure fund of the state on
  6 29 August 31, 2001."
  6 30    #12.  Page 9, by inserting after line 3 the
  6 31 following:
  6 32    "Sec.    .  There is appropriated from the rebuild
  6 33 Iowa infrastructure fund of the state to the
  6 34 department of natural resources for the fiscal year
  6 35 beginning July 1, 1996, and ending June 30, 1997, the
  6 36 following amount, or so much thereof as is necessary,
  6 37 to be used for the following purpose:
  6 38    For the rehabilitation, preservation, and continued
  6 39 use of state park facilities, including low-head dams
  6 40 and historic buildings, appurtenant structures, and
  6 41 utilities built by the civilian conservation corps
  6 42 (CCC) or the works progress administration (WPA):  
  6 43 .................................................. $  5,000,000
  6 44    The department of natural resources shall establish
  6 45 rules providing for distribution of a portion of the
  6 46 appropriation in this section to other governmental
  6 47 entities owning or managing CCC or WPA facilities.
  6 48 All rehabilitation and preservation of CCC or WPA
  6 49 buildings funded by this appropriation shall conform
  6 50 to the United States secretary of the interior's
  7  1 standards for rehabilitation and guidelines for
  7  2 rehabilitating historic buildings.  Where feasible,
  7  3 the department shall encourage the use of youth
  7  4 employment for rehabilitation and preservation efforts
  7  5 provided for in this section.
  7  6    Notwithstanding section 8.33, unencumbered or
  7  7 unobligated moneys remaining on June 30, 1999, from
  7  8 the funds appropriated in this section, shall revert
  7  9 to the rebuild Iowa infrastructure fund on August 31,
  7 10 1999."
  7 11    #13.  By striking page 9, line 31, through page 10,
  7 12 line 8.
  7 13    #14.  Page 10, by inserting after line 22 the
  7 14 following:
  7 15    "Sec.    .  It is the intent of the general
  7 16 assembly that $1,400,000 shall be appropriated from
  7 17 the rebuild Iowa infrastructure fund to the commission
  7 18 of veterans affairs for fiscal year 1998 for
  7 19 additional funding for food preparation and dining
  7 20 room expansion.  However, additional funding shall be
  7 21 contingent upon receiving notification from the United
  7 22 States department of veterans affairs that federal
  7 23 funds have been appropriated to the commission for
  7 24 that expansion."
  7 25    #15.  By striking page 10, line 23 through page 11,
  7 26 line 24.
  7 27    #16.  By striking page 11, line 32, through page
  7 28 12, line 2, and inserting the following:
  7 29    "For renovation and restoration of the grandstand,
  7 30 the cattle barn, the horse barn, the swine barn, and
  7 31 for improvements to sewer, water, and electrical
  7 32 systems located on the state fairgrounds:  
  7 33 .................................................. $  5,000,000
  7 34    Notwithstanding section 8.33, unencumbered or
  7 35 unobligated moneys remaining on June 30, 1998, from
  7 36 the funds appropriated in this section shall revert to
  7 37 the rebuild Iowa infrastructure fund on August 31,
  7 38 1998."
  7 39    #17.  Page 12, by inserting after line 18 the
  7 40 following:
  7 41    "Sec.    .  Section 8.22A, subsection 5, unnumbered
  7 42 paragraph 2, Code Supplement 1995, is amended to read
  7 43 as follows:
  7 44    a.  The amount of lottery revenues for the
  7 45 following fiscal year to be available for disbursement
  7 46 following the deductions made pursuant to section
  7 47 99E.10, subsection 1.
  7 48    b.  The amount of revenue for the following fiscal
  7 49 year from gambling revenues and from interest earned
  7 50 on the cash reserve fund and the economic emergency
  8  1 fund to be deposited in the rebuild Iowa
  8  2 infrastructure fund under section 8.57, subsection 5,
  8  3 paragraph "e".
  8  4    Sec. 100.  Section 8.54, subsection 5, Code 1995,
  8  5 is amended to read as follows:
  8  6    5.  For a fiscal years year in which section 8.55,
  8  7 subsection 2, results is projected to result in moneys
  8  8 being transferred to the general fund, the original
  8  9 state general fund expenditure limitation amount for
  8 10 that fiscal year as provided for in subsection 3 shall
  8 11 be readjusted adjusted to include the moneys which are
  8 12 so projected to be transferred.
  8 13    Sec. 200.  Section 8.55, subsection 2, Code
  8 14 Supplement 1995, is amended to read as follows:
  8 15    2.  The maximum balance of the fund is the amount
  8 16 equal to five percent of the adjusted revenue estimate
  8 17 for the fiscal year.  If the amount of moneys in the
  8 18 Iowa economic emergency fund is equal to the maximum
  8 19 balance, moneys in excess of this amount shall be
  8 20 transferred to the general fund as follows:
  8 21    a.  An amount equal to not more than two and one-
  8 22 half percent of the adjusted revenue estimate for the
  8 23 fiscal year in which the transfer is made shall be
  8 24 transferred to the rebuild Iowa infrastructure fund.
  8 25    b.  Moneys remaining following the transfer in
  8 26 paragraph "a" shall be transferred to the general fund
  8 27 of the state.
  8 28    Sec. 300.  Section 8.57, subsection 5, paragraph c,
  8 29 Code Supplement 1995, is amended to read as follows:
  8 30    c.  Moneys in the fund in a fiscal year shall be
  8 31 used as directed by the general assembly for public
  8 32 vertical infrastructure-related expenditures
  8 33 infrastructure projects.  For the purposes of this
  8 34 subsection, "vertical infrastructure" means the
  8 35 construction or renovation of buildings, all
  8 36 appurtenant structures, utilities, and site
  8 37 development.  "Vertical infrastructure" does not
  8 38 include operational expenses or leasing of a building,
  8 39 appurtenant structure, or utility without a purchase
  8 40 agreement.  Moneys in the fund shall only be expended
  8 41 for projects with an expected useful life of twenty
  8 42 years or more.
  8 43    Sec. 400.  Section 8.57, subsection 5, Code
  8 44 Supplement 1995, is amended by adding the following
  8 45 new paragraphs:
  8 46    NEW PARAGRAPH.  e.  Notwithstanding sections 99D.17
  8 47 and 99F.11, not more than a total of sixty million
  8 48 dollars shall be deposited in the general fund of the
  8 49 state in any fiscal year pursuant to sections 99D.17
  8 50 and 99F.11.  The total moneys in excess of sixty
  9  1 million dollars in a fiscal year shall be deposited in
  9  2 the infrastructure fund and shall be used as provided
  9  3 in this section, notwithstanding section 8.60.
  9  4    NEW PARAGRAPH.  f.  Beginning July 1, 1997, and
  9  5 each fiscal year thereafter, fifteen million dollars
  9  6 is appropriated from the infrastructure fund, to the
  9  7 department of revenue and finance to be used to
  9  8 provide matching funds for counties, cities, or school
  9  9 districts that have approved a bond issuance by
  9 10 referendum in accordance with section 16.203."
  9 11    #18.  Page 12, by inserting after line 30 the
  9 12 following:
  9 13    "Sec.    .  NEW SECTION.  16.203  VERTICAL
  9 14 INFRASTRUCTURE BONDING MATCH PROGRAM.
  9 15    1.  The authority shall create a vertical
  9 16 infrastructure bonding match program to provide
  9 17 matching moneys for counties, cities, and school
  9 18 districts that have approved a bond issuance by
  9 19 referendum for the purpose of constructing or
  9 20 renovating vertical infrastructure.  "Vertical
  9 21 infrastructure" means the same as defined in section
  9 22 8.57, subsection 5, paragraph "c".
  9 23    2.  The matching moneys provided under this section
  9 24 shall be in an amount of up to ten percent of the
  9 25 amount of the vertical infrastructure project or one
  9 26 million dollars, whichever is less.  Moneys shall be
  9 27 distributed under this section in any one fiscal year
  9 28 only until the fifteen million dollars allocated
  9 29 pursuant to section 8.57, subsection 5, paragraph "f",
  9 30 has been expended.
  9 31    3.  Funding shall be limited to only one political
  9 32 entity within a county in any fiscal year.  For
  9 33 purposes of this subsection, "political entity" means
  9 34 a county or city or school district located within one
  9 35 or more counties, or any of the above who have entered
  9 36 into a chapter 28E agreement.  For political entities
  9 37 that are located in one or more counties, the
  9 38 limitation on one political entity within one county
  9 39 in this subsection shall be determined as follows:
  9 40    a.  For cities, the county in which the majority of
  9 41 the population resides.
  9 42    b.  For school districts, the county in which the
  9 43 majority of the students reside.
  9 44    4.  To be eligible to receive matching moneys, a
  9 45 county, city, or school district shall do all of the
  9 46 following:
  9 47    a.  Obtain a preapproval letter of commitment prior
  9 48 to the bond issuance referendum.  To obtain
  9 49 preapproval under this section, the applicant must
  9 50 submit a five-year vertical infrastructure plan in
 10  1 accordance with rules adopted by the authority.
 10  2    b.  Pass a successful bond issuance by referendum,
 10  3 in accordance with the statutory requirements for each
 10  4 entity.
 10  5    5.  Upon a determination of eligibility, the
 10  6 authority shall notify the department of revenue and
 10  7 finance of the eligible county, city, or school
 10  8 district and the amount of funding that the entity is
 10  9 to receive.  The department of revenue and finance
 10 10 shall disburse the moneys to the entity in the
 10 11 appropriate amount."
 10 12    #19.  Page 12, by inserting after line 30 the
 10 13 following:
 10 14    "Sec.    .  NEW SECTION.  18A.12  STATE CAPITOL
 10 15 VIEW PRESERVATION PLAN.
 10 16    1.  The department of general services, at the
 10 17 direction of the capitol planning commission, shall
 10 18 adopt rules establishing and updating a state capitol
 10 19 view preservation plan.  The commission shall consult
 10 20 with the city of Des Moines in establishing and
 10 21 updating the plan.  The purpose of the plan shall be
 10 22 to ensure that the most dramatic or scenic views of
 10 23 the state capitol remain unobstructed by the erection
 10 24 of structures, including but not limited to buildings,
 10 25 towers, and monuments.
 10 26    2.  As part of the plan the commission shall
 10 27 establish a state capitol dominance zoning district
 10 28 and state capitol scenic corridors.
 10 29    a.  The district shall include the area where the
 10 30 state capitol is located and an area not less than
 10 31 one-half mile surrounding the state capitol as
 10 32 measured from the center of the state capitol's dome.
 10 33 The district is not required to be symmetrical, and
 10 34 the size of the district is not required to be
 10 35 uniform.
 10 36    b.  Corridors shall allow views of the state
 10 37 capitol, and especially the state capitol's dome, from
 10 38 numerous vantage points in each direction, which
 10 39 provide unique or dramatic perspectives.
 10 40    3.  The state capitol view preservation plan shall
 10 41 provide for regulating the height and setback of
 10 42 structures erected within the state capitol dominance
 10 43 zoning district, and within and along state capitol
 10 44 scenic corridors.  The regulations shall provide for
 10 45 absolute height and setback limitations, and may
 10 46 provide for proportional increases based on the
 10 47 structure's distance from the state capitol, or based
 10 48 on a comprehensive formula of trigonometric
 10 49 projections.
 10 50    4.  In developing the plan, the commission shall
 11  1 study alternative approaches, including considering
 11  2 approaches adopted in other states.  The commission
 11  3 shall balance the aesthetic value and the economic
 11  4 impact of each approach considered.
 11  5    5.  The city shall amend its zoning ordinances, and
 11  6 its comprehensive plan if required, to comply with the
 11  7 state capitol view preservation plan."
 11  8    #20.  Page 16, by inserting after line 15 the
 11  9 following:
 11 10    "Sec. 1000.  Section 232.52, subsection 2,
 11 11 paragraph a, subparagraph (4), Code Supplement 1995,
 11 12 is amended to read as follows:
 11 13    (4)  The suspension or revocation of the motor
 11 14 vehicle license or operating privilege of the child,
 11 15 for a period of one year, for the commission of one or
 11 16 more delinquent acts which are a violation of section
 11 17 any of the following:
 11 18    (a)  Section 123.46, section.
 11 19    (b)  Section 123.47 regarding the purchase or
 11 20 attempt to purchase of alcoholic beverages, or
 11 21 chapter.
 11 22    (c)  Chapter 124, or two.
 11 23    (d)  Section 126.3.
 11 24    (e)  Chapter 453B.
 11 25    (f)  Two or more delinquent acts which are a
 11 26 violation violations of section 123.47 regarding the
 11 27 possession of alcoholic beverages for a period of one
 11 28 year.
 11 29    SUBPARAGRAPH DIVIDED.  The child may be issued a
 11 30 temporary restricted license or school license if the
 11 31 child is otherwise eligible."
 11 32    #21.  Page 16, by inserting after line 27 the
 11 33 following:
 11 34    "Sec.    .  Section 307.10, subsection 1, Code
 11 35 1995, is amended by striking the subsection and
 11 36 inserting in lieu thereof the following:
 11 37    1.  a.  Develop and coordinate an updated
 11 38 comprehensive transportation policy for the state by
 11 39 January 15, 1997.  The policy shall be submitted to
 11 40 the general assembly for approval, modification, or
 11 41 rejection.  Future revisions to the policy shall be
 11 42 submitted to the general assembly for its approval.
 11 43    b.  A comprehensive transportation plan which is
 11 44 based upon the updated transportation policy shall be
 11 45 submitted to the governor and the general assembly
 11 46 annually on January 15."
 11 47    #22.  Page 16, by inserting after line 29 the
 11 48 following:
 11 49    "Sec. 1100.  Section 321.205, unnumbered paragraph
 11 50 2, Code 1995, is amended by striking the paragraph.
 12  1    Sec. 1200.  Section 321.209, subsection 8, Code
 12  2 1995, is amended by striking the subsection.
 12  3    Sec. 1300.  Section 321.212, subsection 1,
 12  4 paragraph d, Code 1995, is amended to read as follows:
 12  5    d.  The department shall revoke a motor vehicle
 12  6 license under section 321.209, subsection 8, according
 12  7 to an order issued pursuant to section 901.5,
 12  8 subsection 10, for one hundred eighty days.  If the
 12  9 person has not been issued a motor vehicle license,
 12 10 the issuance of a motor vehicle license shall be
 12 11 delayed for one hundred eighty days after the person
 12 12 is first eligible.  If the person's operating
 12 13 privileges have been suspended or revoked at the time
 12 14 the person is convicted, the one-hundred-eighty-day
 12 15 revocation period shall not begin until all other
 12 16 suspensions or revocations have terminated.
 12 17    Sec. 1400.  Section 321.213, Code Supplement 1995,
 12 18 is amended to read as follows:
 12 19    321.213  LICENSE SUSPENSIONS OR REVOCATIONS DUE TO
 12 20 VIOLATIONS BY JUVENILE DRIVERS.
 12 21    Upon the entering of an a dispositional order at
 12 22 the conclusion of an adjudicatory hearing suspending
 12 23 or revoking the motor vehicle license or operating
 12 24 privileges of the juvenile under section 232.47 that
 12 25 the child violated a provision of this chapter or
 12 26 chapter 124, 126, 321A, 321J, or 453B for which the
 12 27 penalty is greater than a simple misdemeanor 232.52,
 12 28 subsection 2, paragraph "a", the clerk of the juvenile
 12 29 court in the adjudicatory hearing shall forward a copy
 12 30 of the adjudication and the dispositional order to the
 12 31 department.  Notwithstanding section 232.55, a final
 12 32 adjudication in a juvenile court that the child
 12 33 violated a provision of this chapter, chapter 124, a
 12 34 drug offense under section 126.3, or chapter 321A, or
 12 35 321J, or 453B constitutes a final conviction for
 12 36 purposes of section 321.189, subsection 8, paragraph
 12 37 "b", and sections 321.193, 321.194, 321.200, 321.209,
 12 38 321.210, 321.215, 321.555, 321A.17, 321J.2, 321J.3,
 12 39 and 321J.4.  However, suspensions for violations of
 12 40 chapter 124, section 126.3, or chapter 453B shall be
 12 41 in accordance with section 321.213A.
 12 42    Sec. 1500.  Section 321.213A, Code Supplement 1995,
 12 43 is amended to read as follows:
 12 44    321.213A  LICENSE SUSPENSION FOR JUVENILES
 12 45 ADJUDICATED DELINQUENT FOR CERTAIN DRUG OR ALCOHOL
 12 46 OFFENSES.
 12 47    Upon the entering of an a dispositional order at
 12 48 the conclusion of a dispositional hearing under
 12 49 section 232.50, where the child has been adjudicated
 12 50 to have committed a delinquent act, which would be a
 13  1 first or subsequent violation of section 123.46,
 13  2 section 123.47 involving the purchase or attempt to
 13  3 purchase alcoholic beverages, chapter 124, section
 13  4 126.3, chapter 453B, or a second or subsequent
 13  5 violation of section 123.47 regarding the possession
 13  6 of alcoholic beverages, under section 232.52,
 13  7 subsection 2, paragraph "a", the clerk of the juvenile
 13  8 court in the dispositional hearing shall forward a
 13  9 copy of the adjudication and the dispositional order
 13 10 suspending or revoking the motor vehicle license or
 13 11 operating privileges of the juvenile to the
 13 12 department.  The department shall suspend the license
 13 13 or operating privilege of the child for one year.  The
 13 14 child may receive a temporary restricted license, if
 13 15 eligible, as provided in section 321.215.
 13 16    Sec. 1600.  Section 321.215, subsection 1,
 13 17 unnumbered paragraph 2, Code Supplement 1995, is
 13 18 amended to read as follows:
 13 19    However, a temporary restricted license shall not
 13 20 be issued to a person whose license is revoked under
 13 21 section 321.205 for a drug or drug-related offense or
 13 22 pursuant to a court order issued under section 901.5,
 13 23 subsection 10, or under section 321.209, subsections 1
 13 24 through 5 or subsection 7, or 8 or to a juvenile whose
 13 25 license has been suspended under section 321.213A or
 13 26 revoked pursuant to a dispositional order under
 13 27 section 232.52, subsection 2, paragraph "a", for a
 13 28 violation of chapter 124 or 453B, or section 126.3.  A
 13 29 temporary restricted license may be issued to a person
 13 30 whose license is revoked under section 321.209,
 13 31 subsection 6, only if the person has no previous drag
 13 32 racing convictions.  A person holding a temporary
 13 33 restricted license issued by the department under this
 13 34 section shall not operate a motor vehicle for
 13 35 pleasure.
 13 36    Sec. 1700.  Section 321.215, subsection 2,
 13 37 unnumbered paragraph 1, Code Supplement 1995, is
 13 38 amended to read as follows:
 13 39    Upon conviction and the suspension or revocation of
 13 40 a person's motor vehicle license under section 321.205
 13 41 for a drug or drug-related offense; 321.209,
 13 42 subsection 5, or 6, or 8; section 321.210; 321.210A;
 13 43 or 321.513; or upon revocation pursuant to a court
 13 44 order issued under section 901.5, subsection 10; or
 13 45 upon the denial of issuance of a motor vehicle license
 13 46 under section 321.560, based solely on offenses
 13 47 enumerated in section 321.555, subsection 1, paragraph
 13 48 "c", or section 321.555, subsection 2; or a juvenile,
 13 49 whose license has been suspended under section
 13 50 321.213A or revoked pursuant to a dispositional order
 14  1 under section 232.52, subsection 2, paragraph "a", for
 14  2 a violation of chapter 124 or 453B, or section 126.3,
 14  3 and upon the denial by the director of an application
 14  4 for a temporary restricted license, a person may apply
 14  5 to the district court having jurisdiction for the
 14  6 residence of the person for a temporary restricted
 14  7 permit to operate a motor vehicle for the limited
 14  8 purpose or purposes specified in subsection 1.  The
 14  9 application may be granted only if all of the
 14 10 following criteria are satisfied:
 14 11    Sec. 1800.  Section 321.215, subsection 2,
 14 12 paragraph d, Code Supplement 1995, is amended to read
 14 13 as follows:
 14 14    d.  Proof of financial responsibility is
 14 15 established as defined in chapter 321A.  However, such
 14 16 proof is not required if the motor vehicle license was
 14 17 suspended under section 321.210A or 321.513 or revoked
 14 18 under section 321.209, subsection 8, or suspended or
 14 19 revoked under section 321.205 for a drug or drug-
 14 20 related offense pursuant to a court order issued under
 14 21 section 901.5, subsection 10.
 14 22    Sec. 1900.  Section 321.491, unnumbered paragraph
 14 23 7, Code 1995, is amended by striking the paragraph.
 14 24    Sec. 2000.  Section 321A.17, subsection 5, Code
 14 25 Supplement 1995, is amended to read as follows:
 14 26    5.  An individual applying for a motor vehicle
 14 27 license following a period of suspension or revocation
 14 28 under section 321.205 for a drug or drug-related
 14 29 offense, section 321.209, subsection 8, pursuant to a
 14 30 dispositional order issued under section 232.52,
 14 31 subsection 2, paragraph "a", or under section 321.210,
 14 32 subsection 1, paragraph "d", or section 321.210A,
 14 33 321.213A, 321.213B, 321.216B, or 321.513, following a
 14 34 period of suspension under section 321.194, or
 14 35 following a period of revocation pursuant to a court
 14 36 order issued under section 901.5, subsection 10, or
 14 37 under section 321J.2A, is not required to maintain
 14 38 proof of financial responsibility under this section.
 14 39    Sec.    .  Section 465B.4, Code 1995, is amended to
 14 40 read as follows:
 14 41    465B.4  FUNDING.
 14 42    To achieve the purposes of this chapter, the state
 14 43 department of transportation, other state agencies,
 14 44 political subdivisions of the state, and private
 14 45 organizations may use funds from the following
 14 46 sources:
 14 47    1.  Funds appropriated by the general assembly.
 14 48 There shall be appropriated from the general fund of
 14 49 the state to the state department of transportation,
 14 50 beginning July 1, 1996, and each fiscal year
 15  1 thereafter, one million dollars to be used for the
 15  2 purposes of this chapter.
 15  3    2.  Private grants and gifts.
 15  4    3.  Federal grants and loans intended for these
 15  5 purposes.
 15  6    Sec. 500.  Section 602.8108, subsection 2, Code
 15  7 1995, is amended to read as follows:
 15  8    2.  Except as otherwise provided, the clerk of the
 15  9 district court shall report and submit to the state
 15 10 court administrator, not later than the fifteenth day
 15 11 of each month, the fines and fees received during the
 15 12 preceding calendar month.  Except as provided in
 15 13 subsection subsections 4 and 5, the state court
 15 14 administrator shall deposit the amounts received with
 15 15 the treasurer of state for deposit in the general fund
 15 16 of the state.  The state court administrator shall
 15 17 report to the legislative fiscal bureau within thirty
 15 18 days of the beginning of each fiscal quarter the
 15 19 amount received during the previous quarter in the
 15 20 account established under this section.
 15 21    Sec. 501.  Section 602.8108, Code 1995, is amended
 15 22 by adding the following new subsection:
 15 23    NEW SUBSECTION.  5.  The state court administrator
 15 24 shall allocate all of the fines and fees attributable
 15 25 to commercial vehicle violation citations issued by
 15 26 motor vehicle division personnel of the state
 15 27 department of transportation to the treasurer of state
 15 28 for deposit in the road use tax fund.  However, the
 15 29 fines and fees under this subsection, shall not be
 15 30 deposited in the road use tax fund unless and until
 15 31 the deposit to the Iowa prison infrastructure fund
 15 32 provided for in section 602.8108A has been made.
 15 33    Sec. 2100.  Section 901.5, Code 1995, is amended by
 15 34 adding the following new subsection:
 15 35    NEW SUBSECTION.  10.  In addition to any sentence
 15 36 imposed pursuant to chapter 902 or 903, the court
 15 37 shall order the state department of transportation to
 15 38 revoke the defendant's driver's license or motor
 15 39 vehicle operating privilege for a period of one
 15 40 hundred eighty days, or to delay the issuance of a
 15 41 motor vehicle license for one hundred eighty days
 15 42 after the person is first eligible if the defendant
 15 43 has not been issued a motor vehicle license, and shall
 15 44 send a copy of the order in addition to the notice of
 15 45 conviction required under section 124.412, 126.26, or
 15 46 453B.16, to the state department of transportation, if
 15 47 the defendant is being sentenced for any of the
 15 48 following offenses:
 15 49    a.  A controlled substance offense under section
 15 50 124.401, 124.401A, 124.402, or 124.403.
 16  1    b.  A drug or drug-related offense under section
 16  2 126.3.
 16  3    c.  A controlled substance tax offense under
 16  4 chapter 453B.
 16  5    If the person's operating privileges are suspended
 16  6 or revoked at the time of sentencing, the order shall
 16  7 provide that the one hundred eighty-day revocation
 16  8 period shall not begin until all other suspensions or
 16  9 revocations have terminated.  Any order under this
 16 10 section shall also provide that the department shall
 16 11 not issue a temporary restricted license to the
 16 12 defendant during the revocation period, without
 16 13 further order by the court."
 16 14    #23.  Page 17, by inserting after line 13 the
 16 15 following:
 16 16    "Sec.    .  APPROPRIATION – RECREATIONAL TRAILS.
 16 17 There is appropriated from the general fund of the
 16 18 state, to the state department of transportation, for
 16 19 the fiscal year beginning July 1, 1996, and ending
 16 20 June 30, 1997, two million dollars, to be used for
 16 21 acquiring, constructing, and improving recreational
 16 22 trails in accordance with chapter 465B.  A minimum of
 16 23 fifty percent of the appropriation shall be used for
 16 24 acquisition and construction of new recreational
 16 25 trails and the remainder shall be used for maintenance
 16 26 of existing recreational trails."
 16 27    #24.  Page 17, by striking lines 14 through 24 and
 16 28 inserting the following:
 16 29    "Sec.    .  STATE GENERAL FUND BUDGET INCLUSIONS.
 16 30 For the fiscal year beginning July 1, 1997, and each
 16 31 fiscal year thereafter, the department of personnel,
 16 32 the auditor of state, the attorney general's office,
 16 33 the department of inspections and appeals, the
 16 34 department of management, and the department of
 16 35 revenue and finance shall request appropriations from
 16 36 the general fund of the state that are currently
 16 37 appropriated or reimbursed from the road use tax fund,
 16 38 primary road fund, motor vehicle use tax receipts, or
 16 39 from motor fuel taxes.
 16 40    Sec.    .  SOYDIESEL DEMONSTRATION PROJECTS.
 16 41    1.  The state department of transportation shall
 16 42 conduct a soydiesel demonstration project by operating
 16 43 the department's diesel-fueled vehicles with soydiesel
 16 44 fuel for a period of one year.  For purposes of this
 16 45 section, "soydiesel fuel" means a mixture of diesel
 16 46 fuel and processed soybean oil, if at least 5 percent
 16 47 of the mixed fuel by volume is processed soybean oil.
 16 48 The department shall evaluate the performance of the
 16 49 vehicles, including the rate of repairs and comments
 16 50 from persons operating and maintaining the vehicles.
 17  1    2.  The department shall report the findings of the
 17  2 demonstration project and any recommendations to the
 17  3 general assembly, to the chairpersons and ranking
 17  4 members of the senate and house of representatives
 17  5 standing committees on agriculture and to the
 17  6 renewable fuels and coproducts advisory committee, by
 17  7 October 1, 1997.
 17  8    3.  Prior to the allocation under section 423.24,
 17  9 subsection 1, paragraph "b", one hundred thousand
 17 10 dollars shall be allocated to the state department of
 17 11 transportation for purposes of the demonstration
 17 12 project under this section.  Notwithstanding section
 17 13 8.33, funds allocated under this section shall remain
 17 14 available for expenditure until June 30, 1998.
 17 15 Unobligated or unencumbered funds remaining on June
 17 16 30, 1998, shall be credited to the value-added
 17 17 agricultural products and processes financial
 17 18 assistance fund under section 15E.112.
 17 19    Sec.    .  SOYDIESEL – NONREVERSION.
 17 20 Notwithstanding 1994 Iowa Acts, chapter 1119, section
 17 21 32, subsection 2, paragraph "d", as amended by 1995
 17 22 Iowa Acts, chapter 216, section 34, moneys remaining
 17 23 unexpended or unobligated on June 30, 1996, shall not
 17 24 be credited to the value-added agricultural products
 17 25 and processes financial assistance fund, but shall be
 17 26 allocated to the state department of transportation
 17 27 for the purposes of continuing the soydiesel
 17 28 demonstration project as provided for in this Act.
 17 29    Sec.    .  INFRASTRUCTURE STUDY.  The legislative
 17 30 council is requested to study the issue of creating a
 17 31 board to evaluate and prioritize expenditure of moneys
 17 32 from the rebuild Iowa infrastructure fund and to study
 17 33 the issue of establishing a financing mechanism to
 17 34 provide local governments with assistance to finance
 17 35 infrastructure improvements and to provide a dedicated
 17 36 funding stream to be allocated to the rebuild Iowa
 17 37 infrastructure fund.  The purpose of the study is to
 17 38 provide recommendations regarding members of the board
 17 39 and a process for determining expenditures and to
 17 40 recommend a financing mechanism and a dedicated
 17 41 funding source to provide infrastructure assistance to
 17 42 local governments.  Consideration shall be given to
 17 43 providing for the participation of the department of
 17 44 general services, the department of management, and
 17 45 the Iowa state university, department of construction
 17 46 engineering in the study.  Results of the study shall
 17 47 be provided to the legislative council by January 31,
 17 48 1997.
 17 49    Sec.    .  STATE GOVERNMENT – SPACE ALLOCATION
 17 50 STUDY.  The department of general services, in
 18  1 consultation with the department of management, and
 18  2 the legislative council shall study and make an
 18  3 assessment of the space allocation needs for all state
 18  4 agencies and entities in all areas of state
 18  5 government.  The study shall make a determination of
 18  6 the feasibility of eliminating or reducing leased
 18  7 office space and of relocating various areas of state
 18  8 government outside of the Des Moines metropolitan
 18  9 area.  The goal of this relocation effort shall be to
 18 10 provide at least fifty percent of the projected off-
 18 11 complex space needs in areas located outside of the
 18 12 Des Moines metropolitan area.  The relocation shall
 18 13 only be considered in areas that would provide
 18 14 connections with the Iowa communications network.  The
 18 15 fifty-percent relocation calculation shall not include
 18 16 the state department of transportation complex located
 18 17 in Ames.
 18 18    Sec.    .  REBUILD IOWA INFRASTRUCTURE FUND –
 18 19 CONTINGENCY APPROPRIATION.  If the rebuild Iowa
 18 20 infrastructure fund does not receive an appropriation
 18 21 from the operation of section 8.57, subsection 5,
 18 22 paragraph "e", in an amount equivalent to at least
 18 23 $48,400,000, for the fiscal year beginning July 1,
 18 24 1996, and ending June 30, 1997, moneys in an amount
 18 25 equivalent to the difference shall be appropriated
 18 26 from the moneys transferred to the general fund of the
 18 27 state pursuant to section 8.55, subsection 2, for the
 18 28 fiscal year beginning July 1, 1996.
 18 29    Sec.    .  LEGISLATIVE FISCAL BUREAU ESTIMATES.
 18 30 The legislative fiscal bureau shall provide yearly
 18 31 estimates of the annual operating costs for operation
 18 32 of proposed buildings to be constructed from funds
 18 33 provided from the rebuild Iowa infrastructure fund.
 18 34 The estimates shall be presented to the legislative
 18 35 fiscal committee and to the joint appropriations
 18 36 subcommittee on transportation, infrastructure, and
 18 37 capitals.
 18 38    Sec.    .  ACCESS IOWA HIGHWAYS - INTENT - REPORT.
 18 39    1.  INTENT.  It is the intent of the general
 18 40 assembly to formulate an access Iowa plan which shall
 18 41 designate portions of the commercial and industrial
 18 42 network of highways as access Iowa highways.  The goal
 18 43 of the access Iowa plan shall be to enhance the
 18 44 existing Iowa economy and ensure its continuing
 18 45 development and growth in the national and global
 18 46 competitive marketplace by providing for early
 18 47 completion of the construction of the most important
 18 48 portions of the Iowa highway system.  These portions
 18 49 of the system shall be those that are essential for
 18 50 support of intrastate transportation and commerce and
 19  1 essential for ensuring Iowans direct access to the
 19  2 nation's system of interstate highways and
 19  3 transportation services.
 19  4    The general assembly's past actions are consistent
 19  5 with the access Iowa plan.  The general assembly has
 19  6 set general policy guidelines for the state
 19  7 transportation commission's planning and programming
 19  8 development, directed that road service be equalized
 19  9 throughout the state, determined that a commercial and
 19 10 industrial network of highways would benefit Iowa
 19 11 transportation services, directed the commission to
 19 12 focus at least part of their legislatively provided
 19 13 resources on the commercial and industrial network,
 19 14 and directed that the commission consider equalization
 19 15 of accessibility for economic development as one of
 19 16 the factors in establishing its plan and program
 19 17 priorities for the commercial and industrial network.
 19 18 These actions recognize that interstate commerce and
 19 19 national economic development are furthered and
 19 20 supported by the national system of interstate and
 19 21 defense highways and the national highway system, and
 19 22 that Iowa commerce and economic development are
 19 23 supported by Iowa's commercial and industrial network
 19 24 of highways.
 19 25    2.  ACCESS IOWA HIGHWAY DESIGNATION.  The state
 19 26 department of transportation shall designate portions
 19 27 of the commercial and industrial network of highways
 19 28 as access Iowa highways and shall expedite and
 19 29 accelerate development of access Iowa highways.  When
 19 30 designating those portions of the commercial and
 19 31 industrial network as access Iowa highways, the
 19 32 department shall consider the direct and priority
 19 33 linkages between economic centers within the state
 19 34 with populations of 20,000 or more and the enhancement
 19 35 of intrastate mobility and Iowa regional accessibility
 19 36 and national accessibility.
 19 37    3.  REPORT.  The state department of transportation
 19 38 shall provide a report to the general assembly by
 19 39 January 15, 1997, designating which portions of the
 19 40 commercial and industrial network of highways the
 19 41 department determines to be access Iowa highways.  The
 19 42 department shall list the highway improvements
 19 43 necessary to provide modern and safe four-lane highway
 19 44 service on access Iowa highways.  The report shall
 19 45 include program changes and options needed to enable
 19 46 the early, rapid, expedited, and accelerated
 19 47 completion of the development of access Iowa highways,
 19 48 including funding and other support necessary to
 19 49 ensure the early completion of the construction of the
 19 50 access Iowa highways.  
 20  1                       DIVISION IV
 20  2       PHYSICAL INFRASTRUCTURE ASSISTANCE PROGRAM
 20  3    Sec.    .  Section 8.55, subsection 3, Code
 20  4 Supplement 1995, is amended to read as follows:
 20  5    3.  The moneys in the Iowa economic emergency fund
 20  6 may be appropriated by the general assembly only in
 20  7 the fiscal year for which the appropriation is made.
 20  8 The moneys shall only be appropriated by the general
 20  9 assembly for emergency expenditures and for providing
 20 10 indemnification for liability pursuant to section
 20 11 15E.175 in an amount of up to a total of ten million
 20 12 dollars.  However, except as provided in section 8.58,
 20 13 the balance in the Iowa economic emergency fund may be
 20 14 used in determining the cash position of the general
 20 15 fund of the state for the payment of state
 20 16 obligations.  
 20 17    Sec.    .  NEW SECTION.  15E.175  PHYSICAL
 20 18 INFRASTRUCTURE ASSISTANCE PROGRAM.
 20 19    1.  The Iowa department of economic development
 20 20 shall establish a physical infrastructure financial
 20 21 assistance program to provide financial assistance for
 20 22 business or community physical infrastructure
 20 23 development or redevelopment projects.  Physical
 20 24 infrastructure projects that create the necessary
 20 25 infrastructure for economic success throughout Iowa,
 20 26 that provide the opportunity for the creation of
 20 27 quality, high-wage jobs, and that involve substantial
 20 28 capital investment may be eligible for financial
 20 29 assistance under the program.  Physical infrastructure
 20 30 development or redevelopment projects include, but are
 20 31 not limited to, projects involving any mode of
 20 32 transportation infrastructure, public works and
 20 33 utilities such as sewer, water, power or
 20 34 telecommunications, physical improvements which
 20 35 mitigate, prevent or eliminate environmental
 20 36 contaminants, and any other project deemed appropriate
 20 37 by the department.
 20 38    2.  A physical infrastructure assistance fund is
 20 39 created within the state treasury under the control of
 20 40 the Iowa department of economic development.
 20 41    a.  The fund shall include any moneys appropriated
 20 42 to the fund by the general assembly, payments of
 20 43 interest earned, recaptures of awards, repayments of
 20 44 moneys loaned or expended from the physical
 20 45 infrastructure assistance program, and any other
 20 46 moneys designated by the department for placement in
 20 47 the fund.
 20 48    b.  The fund shall be used for the following:
 20 49    (1)  To provide reimbursement to the department of
 20 50 natural resources for activities related to physical
 21  1 infrastructure assistance projects under this section.
 21  2    (2)  To provide financial assistance for qualifying
 21  3 projects.
 21  4    (3)  To provide funding for any other purpose
 21  5 consistent with this section and deemed appropriate by
 21  6 the department.
 21  7    c.  Section 8.33 shall not apply to the physical
 21  8 infrastructure assistance fund.  Notwithstanding
 21  9 section 12C.7, interest earned on moneys in the fund
 21 10 shall be credited to the fund.
 21 11    3.  The department shall establish procedures and
 21 12 guidelines for the physical infrastructure assistance
 21 13 program and shall proceed in accordance with the
 21 14 following:
 21 15    a.  Consult with and coordinate with the state
 21 16 department of transportation, the department of
 21 17 natural resources, and any other appropriate state
 21 18 agency which is responsible for the development or
 21 19 redevelopment of physical infrastructure in this state
 21 20 to ensure that activities conducted pursuant to this
 21 21 section are consistent with the policies and plans of
 21 22 other state agencies and are coordinated with other
 21 23 physical infrastructure projects.
 21 24    b.  Provide financial assistance in the form of a
 21 25 loan, forgivable loan, loan guarantee, cost-share,
 21 26 indemnification of costs, or any combination of
 21 27 financial assistance deemed by the department to be
 21 28 most efficient in facilitating the physical
 21 29 infrastructure project.
 21 30    c.  Enter into contracts and to sue and be sued.
 21 31 However, the department shall not in any manner
 21 32 directly or indirectly pledge the credit of the state
 21 33 of Iowa.
 21 34    d.  Authorize payment of costs, commissions,
 21 35 attorney fees, consultant fees, and other reasonable
 21 36 expenses from the fund.  Expenses may include costs
 21 37 relating to carrying out the duties necessary for
 21 38 insuring or guaranteeing loans, co-sharing or
 21 39 indemnifying costs under the physical infrastructure
 21 40 financial assistance program, and for the recovery of
 21 41 loans insured or guaranteed, costs co-shared or
 21 42 indemnified, or the management of property acquired in
 21 43 connection with such loans or costs.
 21 44    e.  Adopt administrative rules necessary to carry
 21 45 out the provisions of this section.
 21 46    4.  The Iowa economic emergency fund created under
 21 47 section 8.55 shall be used for indemnification of
 21 48 liabilities under this section in an amount not to
 21 49 exceed a total of ten million dollars.
 21 50    Sec.    .  NEW SECTION.  455B.433  PHYSICAL
 22  1 INFRASTRUCTURE ASSISTANCE – FUNDING – LIABILITY.
 22  2    1. The department of natural resources shall work
 22  3 in conjunction with the Iowa department of economic
 22  4 development to identify environmentally contaminated
 22  5 sites which qualify for the physical infrastructure
 22  6 assistance program under section 15E.175.  The
 22  7 department shall provide an assessment of the site and
 22  8 shall provide any emergency response activities which
 22  9 the department deems necessary.  The department may
 22 10 take any further action, including remediation of the
 22 11 site, that the department deems to be appropriate and
 22 12 which promotes the purposes of the physical
 22 13 infrastructure assistance program.
 22 14    2.  The department shall be reimbursed from the
 22 15 physical infrastructure assistance fund under section
 22 16 15E.175 for any costs incurred pursuant to this
 22 17 section.  Notwithstanding the limitations of chapter
 22 18 455G, any costs incurred on a site contaminated by a
 22 19 leaking underground storage tank may be reimbursed
 22 20 from the Iowa comprehensive petroleum underground
 22 21 storage tank fund.
 22 22    3.  A person shall not have standing pursuant to
 22 23 section 455B.111 to commence a citizen suit which is
 22 24 based upon property that is part of the physical
 22 25 infrastructure assistance program pursuant to section
 22 26 15E.175.
 22 27    Sec.    .  There is appropriated from the rebuild
 22 28 Iowa infrastructure fund of the state to the Iowa
 22 29 department of economic development for the fiscal year
 22 30 beginning July 1, 1996, and ending June 30, 1997, the
 22 31 following amount, or so much thereof as is necessary,
 22 32 to be deposited in the physical infrastructure
 22 33 assistance fund created in section 15E.175:  
 22 34 .................................................. $  2,000,000
 22 35    Sec.    .  Notwithstanding the allocation of moneys
 22 36 pursuant to section 455B.423, subsection 2, the first
 22 37 two hundred thousand dollars of moneys allocated to
 22 38 the hazardous substance remedial fund for the fiscal
 22 39 year beginning July 1, 1996, and ending June 30, 1997,
 22 40 shall be transferred to the physical infrastructure
 22 41 assistance fund created under section 15E.175."
 22 42    #25.  Page 17, by inserting before line 25 the
 22 43 following:  
 22 44                       "DIVISION V
 22 45  COUNTY TREASURERS' ISSUANCE OF MOTOR VEHICLE LICENSES
 22 46    Sec.    .  Section 321.179, subsection 1,
 22 47 unnumbered paragraph 1, Code Supplement 1995, is
 22 48 amended to read as follows:
 22 49    Notwithstanding the provisions of this chapter or
 22 50 chapter 321L which grant sole authority to the
 23  1 department for the issuance of motor vehicle licenses,
 23  2 nonoperator's identification cards, and handicapped
 23  3 identification devices, the counties of Adams, Cass,
 23  4 Fremont, Mills, Montgomery, and Page, and additional
 23  5 counties as designated by the department in accordance
 23  6 with requirements established by the general assembly,
 23  7 shall be authorized to issue motor vehicle licenses,
 23  8 nonoperator's identification cards, and handicapped
 23  9 identification devices on a permanent basis.  However,
 23 10 a county shall only be authorized to issue commercial
 23 11 driver's licenses if certified to do so by the
 23 12 department.  If a county fails to meet the standards
 23 13 for certification under this section, the department
 23 14 itself shall provide for the issuance of commercial
 23 15 driver's licenses in that county.  The department
 23 16 shall certify the county treasurers in the permanent
 23 17 counties to issue commercial driver's licenses if all
 23 18 of the following conditions are met:
 23 19    Sec.    .  ADDITIONAL COUNTIES DESIGNATED.
 23 20    1.  The state department of transportation, in
 23 21 conjunction with the county treasurers association,
 23 22 shall designate additional counties which shall be
 23 23 authorized by the department to issue motor vehicle
 23 24 licenses, nonoperator's identification cards, and
 23 25 handicapped identification devices on a permanent
 23 26 basis, in accordance with section 321.179 and the
 23 27 following:
 23 28    a.  By July 1, 1997, the department shall disband
 23 29 two traveling driver's licensing teams and shall
 23 30 authorize the counties that were being served by the
 23 31 two departmental teams to issue motor vehicle licenses
 23 32 in those counties.
 23 33    b.  By July 1, 1998, the department shall disband
 23 34 an additional two traveling driver's licensing teams
 23 35 and shall authorize the counties that were being
 23 36 served by the two departmental teams to issue motor
 23 37 vehicle licenses in those counties.
 23 38    2.  The state department of transportation shall
 23 39 work in conjunction with the county treasurer in each
 23 40 designated county and with a representative of the
 23 41 Iowa state county treasurers association to facilitate
 23 42 and implement the transfer of licensing duties and
 23 43 responsibilities to the designated counties in
 23 44 accordance with all of the following:
 23 45    a.  The department shall retain all administrative
 23 46 authority over licensing functions which shall include
 23 47 administrative procedures relating to cancellation,
 23 48 revocation, or suspension of licenses, administrative
 23 49 hearings and appeals, and training.
 23 50    b.  The department shall provide the county
 24  1 treasurer's office in each of the counties with all of
 24  2 the supplies, materials, and equipment necessary to
 24  3 carry out the provisions of this subsection.
 24  4    c.  If it is necessary for a county treasurer to
 24  5 hire additional employees, first priority in hiring
 24  6 shall be given to current employees of the department
 24  7 who become unemployed due to the changes necessitated
 24  8 by this section.
 24  9    d.  The county treasurers in the designated
 24 10 counties shall offer service to the public during
 24 11 normal business hours and may offer extended service
 24 12 at the option of the county.
 24 13    3.  Notwithstanding any other provisions to the
 24 14 contrary, the county treasurers of the counties
 24 15 authorized to issue motor vehicle licenses may retain
 24 16 for deposit in the county general fund, up to five
 24 17 dollars for each motor vehicle license transaction,
 24 18 including, but not limited to, issuance or renewal of
 24 19 motor vehicle licenses, nonoperator's identification
 24 20 cards, or handicapped identification devices.
 24 21    4.  As a condition for retention of moneys under
 24 22 subsection 3, a county treasurer shall document the
 24 23 actual quarterly expenditures associated with motor
 24 24 vehicle license issuance including the amount of time
 24 25 spent during that quarter on motor vehicle license-
 24 26 related activities, the proportionate share of
 24 27 salaries and benefits for county employees performing
 24 28 motor vehicle license-related activities, the total
 24 29 numbers of transactions conducted, and other costs
 24 30 related to the administration of motor vehicle
 24 31 license-related activities.  Each county treasurer
 24 32 shall provide the documentation of expenditures to the
 24 33 state department of transportation and legislative
 24 34 fiscal bureau.  If the county treasurer's total
 24 35 expenses are less than the moneys retained under this
 24 36 subsection, the county treasurer shall submit the
 24 37 difference to the treasurer of state on a quarterly
 24 38 basis.  The treasurer of state shall deposit that
 24 39 amount in the road use tax fund.  
 24 40                       DIVISION VI
 24 41    Sec.    .  Section 75.1, Code 1995, is amended to
 24 42 read as follows:
 24 43    75.1  BONDS – ELECTION – VOTE REQUIRED.
 24 44    1.  When a proposition to authorize an issuance of
 24 45 bonds by a county, township, school corporation, city,
 24 46 or by any local board or commission, is submitted to
 24 47 the electors, such the proposition shall not be deemed
 24 48 carried or adopted, anything in the statutes to the
 24 49 contrary notwithstanding, unless is adopted if the
 24 50 vote in favor of such authorization the proposition is
 25  1 equal to at least sixty percent of the total vote cast
 25  2 for and against said the proposition at said the
 25  3 election.
 25  4    2.  Notwithstanding subsection 1, if the annual
 25  5 levy of property tax to pay principal and interest on
 25  6 bonds issued by a county, school corporation, or city
 25  7 is to be offset with revenue from a local income
 25  8 surtax pursuant to section 76.21, the proposition
 25  9 shall so state and the proposition is adopted if the
 25 10 vote in favor of the proposition is equal to a
 25 11 majority of the total vote cast for and against the
 25 12 proposition at the election.  However, a bond issuance
 25 13 proposition proposing imposition of an income surtax
 25 14 shall not be presented to the electors if in the first
 25 15 year the income surtax is imposed the total of all
 25 16 income surtaxes authorized by law and imposed in that
 25 17 year on any taxpayer in the political subdivision
 25 18 imposing the surtax would exceed twenty percent.  Upon
 25 19 request of the governing authority, the department of
 25 20 management shall certify the cumulative rate of income
 25 21 surtax being imposed in the political subdivision.
 25 22    3.  All ballots cast and not counted as a vote for
 25 23 or against the proposition shall not be used in
 25 24 computing the total vote cast for and against said the
 25 25 proposition.
 25 26    4.  When a proposition to authorize an issuance of
 25 27 bonds has been submitted to the electors under this
 25 28 section and the proposal fails to gain approval by the
 25 29 required percentage of votes, such proposal, or any
 25 30 proposal which incorporates any portion of the
 25 31 defeated proposal, shall not be submitted to the
 25 32 electors for a period of six twelve months from the
 25 33 date of such regular or special election.
 25 34    Sec.    .  Section 76.1, Code 1995, is amended to
 25 35 read as follows:
 25 36    76.1  MANDATORY RETIREMENT.
 25 37    Hereafter issues Issues of bonds of every kind and
 25 38 character by counties, cities, and school corporations
 25 39 shall be consecutively numbered.  The annual levy of
 25 40 property tax, or combination of property tax levy and
 25 41 income surtax imposed as provided in section 76.19,
 25 42 shall be sufficient to pay the interest and
 25 43 approximately such that portion of the principal of
 25 44 the bonds as will retire them in a period not
 25 45 exceeding twenty twenty-two years from date of issue.
 25 46 Each issue of bonds shall be scheduled to mature
 25 47 serially in the same order as numbered.
 25 48    Sec.    .  Section 76.2, Code 1995, is amended to
 25 49 read as follows:
 25 50    76.2  MANDATORY LEVY – OBLIGATIONS IN ANTICIPATION
 26  1 OF LEVY.
 26  2    The governing authority of these political
 26  3 subdivisions before issuing bonds shall, by
 26  4 resolution, provide for the assessment of an annual
 26  5 levy upon all the taxable property in the political
 26  6 subdivision, or the assessment of an annual property
 26  7 tax levy and imposition of an income surtax under
 26  8 section 76.19, sufficient to pay the interest and
 26  9 principal and interest of the bonds within a period
 26 10 named not exceeding twenty years that provided in
 26 11 section 76.1.  A certified copy of this resolution
 26 12 shall be filed with the county auditor or the auditors
 26 13 of the counties in which the political subdivision is
 26 14 located; and the filing shall make it a duty of the
 26 15 auditors to enter annually this levy for collection
 26 16 from the taxable property within the boundaries of the
 26 17 political subdivision until funds are realized to pay
 26 18 the bonds in full.  The property tax levy shall
 26 19 continue to be made against property that is severed
 26 20 from the political subdivision and the income surtax
 26 21 shall continue to be imposed upon the residents of any
 26 22 area severed from the political subdivision after the
 26 23 filing of the resolution until funds are realized to
 26 24 pay the bonds in full.
 26 25    If the a resolution which does not include
 26 26 imposition of an income surtax is filed prior to April
 26 27 1, or May 1, if the political subdivision is a school
 26 28 district, the annual levy shall begin with the tax
 26 29 levy for collection commencing July 1 of that year.
 26 30 If the resolution is filed after April 1, or May 1, in
 26 31 the case of a school district, or if the resolution
 26 32 includes imposition of an income surtax, the annual
 26 33 property tax levy shall begin with the tax levy for
 26 34 collection in the next succeeding fiscal year.  If the
 26 35 resolution includes the imposition of a local income
 26 36 surtax and it is filed with the department of revenue
 26 37 and finance prior to August 1, the imposition of the
 26 38 surtax is retroactive to January 1 of that calendar
 26 39 year.  If the resolution is filed with the department
 26 40 of revenue and finance on or after August 1, the
 26 41 imposition of the income surtax begins on January 1 of
 26 42 the next calendar year.  However, the governing
 26 43 authority of a political subdivision may adjust a levy
 26 44 of taxes made under this section for the purpose of
 26 45 adjusting the annual levies and collections and income
 26 46 surtax rate for property severed from the political
 26 47 subdivision, subject to the approval of the director
 26 48 of the department of management.
 26 49    If funds, including reserves and amounts available
 26 50 for temporary transfer, are found to be insufficient
 27  1 to pay in full any installment of principal or
 27  2 interest, a public issuer of bonds may anticipate the
 27  3 next levy of property taxes pursuant to this section
 27  4 or the imposition of an income surtax under section
 27  5 76.19 in the manner provided in chapter 74, whether
 27  6 the taxes so anticipated are to be collected in the
 27  7 same or a future fiscal year.
 27  8    To further secure the payment of the bonds, the
 27  9 governing authority shall, by resolution, provide for
 27 10 the assessment of an annual levy of a standby tax upon
 27 11 all taxable property within the political subdivision.
 27 12 A copy of the resolution shall be sent to the county
 27 13 auditor of each county in which the political
 27 14 subdivision is located.  The revenues from the standby
 27 15 tax shall be deposited in a special fund and shall be
 27 16 expended only for the payment of principal and
 27 17 interest on the bonds issued as provided in this
 27 18 section, when the revenue from an income surtax as
 27 19 provided in section 76.19 is insufficient.  Reserves
 27 20 shall not be built up in this fund in anticipation of
 27 21 a projected default.  The governing authority shall
 27 22 adjust the annual standby property tax levy for each
 27 23 year to reflect the amount of revenues in the special
 27 24 fund and the amount of principal and interest which is
 27 25 due in that year.
 27 26    Sec.    .  Section 76.4, Code 1995, is amended to
 27 27 read as follows:
 27 28    76.4  PERMISSIVE APPLICATION OF FUNDS.
 27 29    Whenever If the governing authority of such a
 27 30 political subdivision shall have has on hand funds
 27 31 derived from any other a source other than taxation
 27 32 which may be appropriated to the payment either of
 27 33 interest or principal or interest, or both principal
 27 34 and interest of such bonds, such the funds may be so
 27 35 appropriated and used and the property tax levy and
 27 36 income surtax rate, if imposed, for the payment of the
 27 37 bonds correspondingly reduced.
 27 38    Sec.    .  Section 76.7, Code 1995, is amended to
 27 39 read as follows:
 27 40    76.7  PARTICULAR BONDS AFFECTED – PAYMENT.
 27 41    Counties, cities, and school corporations may at
 27 42 any time or times extend or renew any legal
 27 43 indebtedness or any part thereof of the indebtedness
 27 44 they may have represented by bonds or certificates
 27 45 where such the indebtedness is payable from a limited
 27 46 annual property tax or from a voted annual property
 27 47 tax, or from an income surtax imposed under section
 27 48 76.19, and may by resolution fund or refund the same
 27 49 legal indebtedness and issue bonds therefor running
 27 50 not more than twenty years to be known as funding or
 28  1 refunding bonds, and make provision for the payment of
 28  2 the principal and interest thereof from the proceeds
 28  3 of an annual property tax, or annual property tax and
 28  4 income surtax, for the period covered by such the
 28  5 bonds similar to the tax authorized by law or by the
 28  6 electors for the payment of the indebtedness so
 28  7 extended or renewed.
 28  8    Sec.    .  NEW SECTION.  76.19  INCOME SURTAX.
 28  9    1.  An income surtax may be imposed by a political
 28 10 subdivision as provided in this section, but only if
 28 11 authorized by the electors as provided in section
 28 12 75.1.
 28 13    2.  The income surtax shall be imposed upon state
 28 14 income taxes computed under section 422.5, less
 28 15 credits allowed in sections 422.11A, 422.11B, 422.11C,
 28 16 422.12, and 422.12B, and shall be imposed upon the
 28 17 state income tax for each calendar year, or for a
 28 18 taxpayer's fiscal year ending during the second half
 28 19 of that calendar year or the first half of the
 28 20 succeeding calendar year, and shall be imposed on all
 28 21 taxpayers residing in the political subdivision on the
 28 22 last day of the applicable tax year, and on taxpayers
 28 23 residing in areas severed from the political
 28 24 subdivision as provided in section 76.2.
 28 25    3.  The income surtax shall be imposed to collect
 28 26 an amount that is equivalent to sixty percent of the
 28 27 sum of the principal and interest of the bonds over
 28 28 the life of the bonds.  The rate of the income surtax
 28 29 may be adjusted in any year for the sole purpose of
 28 30 ensuring that an amount equivalent to sixty percent of
 28 31 the principal and interest over the life of the bonds
 28 32 is collected.
 28 33    4.  At the time of the annual levy under section
 28 34 76.2, the governing authority of the political
 28 35 subdivision shall also provide in the resolution for
 28 36 the imposition of the income surtax and shall certify
 28 37 to the department of management such sum expressed in
 28 38 dollars.  The department shall determine the rate of
 28 39 income surtax to be imposed based upon the most recent
 28 40 available figures from state income taxes paid by
 28 41 taxpayers residing in the political subdivision.  The
 28 42 department shall continue to make such calculations
 28 43 and certify the income surtax rate to the county
 28 44 auditor or the auditors of the counties in which the
 28 45 political subdivision is located with adjustments as
 28 46 provided in this section until the principal and
 28 47 interest on the bonds are paid in full.  On or before
 28 48 November 1 of each year in which the income surtax is
 28 49 collected the director of revenue and finance shall
 28 50 deposit with the treasurer of the political
 29  1 subdivision the entire amount of income surtax
 29  2 collected from taxpayers residing in the political
 29  3 subdivision.
 29  4    5.  The costs of administration shall be determined
 29  5 by the department of revenue and finance, and shall be
 29  6 based on a share of the total cost of administering
 29  7 the department, in the same proportion as the amount
 29  8 of income surtax collected is to the amount of state
 29  9 income taxes collected.
 29 10    6.  The director of revenue and finance shall
 29 11 administer the income surtax imposed under this
 29 12 chapter and sections 422.4, 422.20 to 422.31, 422.68,
 29 13 and 422.72 to 422.75 shall apply with respect to
 29 14 administration of the income surtax.
 29 15    Sec.    .  NEW SECTION.  76.20  INCOME TAX RETURNS.
 29 16    An income surtax imposed under section 76.19 shall
 29 17 be made a part of the Iowa individual income tax
 29 18 return subject to the conditions and restrictions set
 29 19 forth in section 422.21.  The director of revenue and
 29 20 finance shall provide on income tax returns a
 29 21 requirement that each person required to file a return
 29 22 numerically identify the city of residence of the tax-
 29 23 payer and the merged area in which the taxpayer
 29 24 resides.
 29 25    Sec.    .  NEW SECTION.  76.21  PROPERTY TAX CREDIT
 29 26 – AGRICULTURAL AND RESIDENTIAL PROPERTY.
 29 27    Local income surtax revenues collected under
 29 28 section 76.19 shall be used to offset the annual levy
 29 29 of property tax on property assessed as agricultural
 29 30 or residential property.  The surtax shall be
 29 31 distributed in the following manner:
 29 32    Upon receipt of the revenues collected from the
 29 33 income surtax, the county treasurer shall notify the
 29 34 county auditor of the amount of income surtax revenues
 29 35 received.  The auditor shall determine the amount to
 29 36 be credited to each parcel of real property located in
 29 37 the political subdivision and assessed as agricultural
 29 38 or residential, and shall enter such amount upon the
 29 39 tax lists as a credit against the tax levied on each
 29 40 parcel of real property assessed as agricultural or
 29 41 residential.  The county treasurer shall show on each
 29 42 tax receipt the amount of tax credit to be applied
 29 43 against property taxes payable in the fiscal year
 29 44 following the year in which the surtax was collected
 29 45 for each parcel of real property assessed as
 29 46 agricultural or residential.  In case of change of
 29 47 ownership, the credit shall remain with the parcel.
 29 48    The amount of the credit funded by revenues from
 29 49 the income surtax imposed under section 76.19 shall be
 29 50 an amount equal to a pro rata share based upon the
 30  1 ratio of the taxable value of each parcel to receive
 30  2 the credit to the total taxable value of the property
 30  3 to receive the credit.
 30  4    Sec.    .  NEW SECTION.  76.22  DESIGNATION OF TAX.
 30  5    An income surtax imposed under section 76.19 by a
 30  6 school district shall be designated as a school debt
 30  7 service income surtax, an income surtax imposed by a
 30  8 merged area shall be designated as a merged area debt
 30  9 service income surtax, an income surtax imposed under
 30 10 section 76.19 by a city shall be designated a city
 30 11 debt service income surtax, and an income surtax
 30 12 imposed under section 76.19 by a county shall be
 30 13 designated a county debt service income surtax.
 30 14    Sec.    .  Section 260C.21, Code 1995, is amended
 30 15 to read as follows:
 30 16    260C.21  ELECTION TO INCUR INDEBTEDNESS.
 30 17    1.  No indebtedness shall be incurred under section
 30 18 260C.19 until authorized by an election.  A
 30 19 proposition to incur indebtedness and issue bonds for
 30 20 community college purposes shall be deemed carried
 30 21 adopted in a merged area if approved by a sixty
 30 22 percent majority of all voters voting on the
 30 23 proposition in the area.  However, if the board elects
 30 24 to offset the annual property tax levy with revenues
 30 25 from a local income surtax pursuant to section 76.21,
 30 26 the ballot proposition to authorize the issuance of
 30 27 the bonds shall be submitted to the electorate
 30 28 pursuant to section 75.1, subsection 2.
 30 29    2.  Notwithstanding subsection 1, if the costs of
 30 30 utilities are paid by a community college with funds
 30 31 derived from the levy authorized under section
 30 32 260C.22, the community college may use the general
 30 33 fund moneys that would have been used to pay the costs
 30 34 of utilities for capital expenditures, may invest the
 30 35 funds, or may incur indebtedness without an election,
 30 36 provided that the payments on the indebtedness
 30 37 incurred, and any interest on the indebtedness, can be
 30 38 made using general funds of the community college and
 30 39 the total payments on the principal and interest on
 30 40 the indebtedness do not exceed the amount of the costs
 30 41 of the utilities.
 30 42    Sec.    .  Section 296.1, Code 1995, is amended to
 30 43 read as follows:
 30 44    296.1  INDEBTEDNESS AUTHORIZED.
 30 45    Subject to the approval of the voters thereof,
 30 46 school districts are hereby authorized to contract
 30 47 indebtedness and to issue general obligation bonds to
 30 48 provide funds to defray the cost of purchasing,
 30 49 building, furnishing, reconstructing, repairing,
 30 50 improving or remodeling a schoolhouse or schoolhouses
 31  1 and additions thereto, gymnasium, stadium, field
 31  2 house, school bus garage, teachers' or
 31  3 superintendent's home or homes, and procuring a site
 31  4 or sites therefor, or purchasing land to add to a site
 31  5 already owned, or procuring and improving a site for
 31  6 an athletic field, or improving a site already owned
 31  7 for an athletic field, and for any one or more of such
 31  8 purposes.  Taxes for the payment of said the bonds
 31  9 shall be levied or imposed in accordance with chapter
 31 10 76, and said the bonds shall mature within a period
 31 11 not exceeding twenty years from date of issue the
 31 12 period provided in section 76.1, shall bear interest
 31 13 at a rate or rates not exceeding that permitted by
 31 14 chapter 74A and shall be of such form as the board of
 31 15 directors of such the school district shall by
 31 16 resolution provide, but the aggregate indebtedness of
 31 17 any school district shall not exceed five percent of
 31 18 the actual value of the taxable property within said
 31 19 the school district, as ascertained by the last
 31 20 preceding state and county tax lists.
 31 21    Sec.    .  Section 296.6, Code 1995, is amended to
 31 22 read as follows:
 31 23    296.6  BONDS.
 31 24    If the vote in favor of the issuance of such bonds
 31 25 is equal to at least sixty percent of the total vote
 31 26 cast for and against said the proposition at said the
 31 27 election, the board of directors shall issue the same
 31 28 bonds and make provision for payment thereof of the
 31 29 bonds.  However, if the board of directors of a school
 31 30 district elects to offset the annual property tax levy
 31 31 with revenues from an income surtax pursuant to
 31 32 section 76.21, the ballot proposition to authorize the
 31 33 issuance of the bonds shall be submitted to the
 31 34 electorate pursuant to section 75.1, subsection 2.
 31 35    Sec.    .  Section 298.14, unnumbered paragraph 1,
 31 36 Code 1995, is amended to read as follows:
 31 37    For each fiscal year, the cumulative total of the
 31 38 percents of surtax approved by the board of directors
 31 39 of a school district and collected by the department
 31 40 of revenue and finance under sections 257.21, 257.29,
 31 41 279.54, and 298.2, and the enrichment surtax under
 31 42 section 442.15, Code 1989, and an income surtax
 31 43 collected by a political subdivision under chapter
 31 44 422D, shall not exceed twenty percent.  In addition,
 31 45 if an income surtax is imposed under section 76.19,
 31 46 the cumulative total of percents of surtax imposed on
 31 47 any taxpayer in a school district under sections
 31 48 76.19, 257.21, 257.29, 279.54, 298.2, 442.15, Code
 31 49 1989, and chapter 422D shall not exceed twenty percent
 31 50 in the first year in which one or more of these income
 32  1 surtaxes is imposed.
 32  2    Sec.    .  Section 298.18, unnumbered paragraph 2,
 32  3 Code 1995, is amended to read as follows:
 32  4    The amount estimated and certified to apply on to
 32  5 pay principal and interest for any one year shall not
 32  6 exceed an amount that could be raised by a property
 32  7 tax levy equal to two dollars and seventy cents per
 32  8 thousand dollars of the assessed valuation of the
 32  9 taxable property of the school corporation except as
 32 10 hereinafter provided.
 32 11    Sec.    .  Section 298.18, unnumbered paragraph 4,
 32 12 Code 1995, is amended to read as follows:
 32 13    The amount estimated and certified to apply on to
 32 14 pay principal and interest for any one year may exceed
 32 15 an amount that could be raised by a property tax levy
 32 16 equal to two dollars and seventy cents per thousand
 32 17 dollars of assessed value by the amount approved by
 32 18 the voters of the school corporation, but not
 32 19 exceeding four dollars and five cents per thousand of
 32 20 the assessed value of the taxable property within any
 32 21 school corporation, provided that the qualified
 32 22 registered voters of such school corporation have
 32 23 first approved such increased amount at a special
 32 24 election, which may be held at the same time as the
 32 25 regular school election.  The proposition submitted to
 32 26 the voters at such special election shall be in
 32 27 substantially the following form:
 32 28    Sec.    .  Section 298.18, unnumbered paragraph 6,
 32 29 Code 1995, is amended to read as follows:
 32 30    Notice of the election shall be given by the county
 32 31 commissioner of elections according to section 49.53.
 32 32 The election shall be held on a date not less than
 32 33 four nor more than twenty days after the last
 32 34 publication of the notice.  At such the election the
 32 35 ballot used for the submission of said the proposition
 32 36 shall be in substantially the form for submitting
 32 37 special questions at general elections.  The county
 32 38 commissioner of elections shall conduct the election
 32 39 pursuant to the provisions of chapters 39 to 53 and
 32 40 certify the results to the board of directors.  Such
 32 41 The proposition shall not be deemed carried or adopted
 32 42 unless the vote in favor of such the proposition is
 32 43 equal to at least sixty percent of the total vote cast
 32 44 for and against said the proposition at said the
 32 45 election.  Whenever However, if the board of directors
 32 46 of a school district elects to offset the annual
 32 47 property tax levy with revenues from an income surtax
 32 48 pursuant to section 76.21, the ballot proposition
 32 49 shall be submitted to the electorate pursuant to
 32 50 section 75.1, subsection 2.  If such a proposition has
 33  1 been approved by the voters of a school corporation as
 33  2 hereinbefore provided, no further approval of the
 33  3 voters of such the school corporation shall be
 33  4 required as a result of any subsequent change in the
 33  5 boundaries of such the school corporation.
 33  6    Sec.    .  Section 298.22, unnumbered paragraph 1,
 33  7 Code 1995, is amended to read as follows:
 33  8    All of said The bonds shall be substantially in the
 33  9 form provided for county bonds, but subject to changes
 33 10 that will conform them to the action of the board
 33 11 providing therefor; shall run not more than twenty
 33 12 years mature within the period provided in section
 33 13 76.1, and may be sooner paid if so nominated in the
 33 14 bond; bear a rate of interest not exceeding that
 33 15 permitted by chapter 74A, payable semiannually; be
 33 16 signed by the president and countersigned by the
 33 17 secretary of the board of directors; and shall not be
 33 18 disposed of for less than par value, nor issued for
 33 19 other purposes than this chapter provides.
 33 20    Sec.    .  Section 331.442, subsection 4, Code
 33 21 Supplement 1995, is amended to read as follows:
 33 22    4.  The proposition of issuing bonds for a general
 33 23 county purpose is not carried or adopted unless the
 33 24 vote in favor of the proposition is equal to at least
 33 25 sixty percent of the total vote cast for and against
 33 26 the proposition at the election.  However, if the
 33 27 board elects to offset the annual property tax levy
 33 28 with revenues from a local income surtax pursuant to
 33 29 section 76.21, the ballot proposition to authorize the
 33 30 issuance of the bonds shall be submitted to the
 33 31 electorate pursuant to section 75.1, subsection 2.  If
 33 32 the proposition of issuing the general county purpose
 33 33 bonds is approved by the voters, the board may proceed
 33 34 with the issuance of the bonds.
 33 35    Sec.    .  Section 331.442, subsection 5, paragraph
 33 36 a, unnumbered paragraph 1, Code Supplement 1995, is
 33 37 amended to read as follows:
 33 38    Notwithstanding subsection 2, a board, in lieu of
 33 39 calling an election, may institute proceedings for the
 33 40 issuance of bonds for a general county purpose by
 33 41 causing a notice of the proposal to issue the bonds,
 33 42 including a statement of the amount and purpose of the
 33 43 bonds, the type or types of debt service tax to be
 33 44 levied or imposed to pay principal and interest on the
 33 45 bonds, and the right to petition for an election, to
 33 46 be published as provided in section 331.305 at least
 33 47 ten days prior to the meeting at which it is proposed
 33 48 to take action for the issuance of the bonds subject
 33 49 to the following limitations:
 33 50    Sec.    .  Section 331.447, subsection 1, Code
 34  1 Supplement 1995, is amended to read as follows:
 34  2    1.  Taxes for the payment of general obligation
 34  3 bonds shall be levied or imposed in accordance with
 34  4 chapter 76, and the bonds are payable from the levy of
 34  5 unlimited ad valorem taxes on all the taxable property
 34  6 within the county through its debt service fund
 34  7 required by section 331.430 a debt service property
 34  8 tax or combination of a debt service property tax and
 34  9 a debt service local income surtax, unlimited as to
 34 10 amount, except that:
 34 11    a.  The amount estimated and certified to apply to
 34 12 pay on principal and interest for any one year shall
 34 13 not exceed an amount that could be raised by a debt
 34 14 service property tax levy equal to the maximum rate of
 34 15 tax, if any, provided by this division for the purpose
 34 16 for which the bonds were issued.  If general
 34 17 obligation bonds are issued for different categories,
 34 18 as provided in section 331.445, the maximum rate of
 34 19 levies, if any, for each purpose shall apply
 34 20 separately to that portion of the bond issue for that
 34 21 category and the resolution authorizing the bond issue
 34 22 shall clearly set forth the annual debt service
 34 23 requirements with respect to each purpose in
 34 24 sufficient detail to indicate compliance with the rate
 34 25 of tax levy, if any.
 34 26    b.  The amount estimated and certified to apply to
 34 27 pay on principal and interest for any one year may
 34 28 only exceed an amount that could be raised by a debt
 34 29 service property tax levy equal to the statutory rate
 34 30 of levy limit, if any, by the amount that the
 34 31 registered voters of the county have approved at a
 34 32 special election, which may be held at the same time
 34 33 as the general election and may be included in the
 34 34 proposition authorizing the issuance of bonds, if an
 34 35 election on the proposition is necessary, or may be
 34 36 submitted as a separate proposition at the same
 34 37 election or at a different election.  Notice of the
 34 38 election shall be given as specified in section
 34 39 331.305.  If the proposition includes issuing bonds
 34 40 and increasing the levy limit, it shall be in
 34 41 substantially the following form:
 34 42    Shall the county of ........, state of Iowa, be
 34 43 authorized to .......... (here state purpose of
 34 44 project) at a total cost not exceeding $...... and
 34 45 issue its general obligation bonds in an amount not
 34 46 exceeding $......  for that purpose, and be authorized
 34 47 to levy annually a debt service property tax (or debt
 34 48 service property tax, and income surtax to offset the
 34 49 property tax, if applicable), which will produce an
 34 50 amount not exceeding ... dollars and ...  cents per
 35  1 thousand dollars of the assessed value of the taxable
 35  2 property within the county to pay the principal of and
 35  3 interest on the bonds?
 35  4    If the proposition includes only increasing the
 35  5 levy limit it shall be in substantially the following
 35  6 form:
 35  7    Shall the county of ........, state of Iowa, be
 35  8 authorized to levy annually a debt service property
 35  9 tax (or debt service property tax and income surtax to
 35 10 offset the property tax, if applicable), which will
 35 11 produce an amount not exceeding ...  dollars and ...
 35 12 cents per thousand dollars of the assessed value of
 35 13 the taxable property within the county to pay
 35 14 principal and interest on the bonded indebtedness of
 35 15 the county for the purpose of ..........?
 35 16    Sec.    .  Section 331.490, Code 1995, is amended
 35 17 to read as follows:
 35 18    331.490  CITIES SUBJECT TO DEBT SERVICE TAX LEVY –
 35 19 RATES.
 35 20    1.  If a county and city have entered into an
 35 21 agreement to create a joint special assessment
 35 22 district and issue county general obligation bonds to
 35 23 fund the costs of a public improvement benefiting that
 35 24 district, the county's debt service property tax levy
 35 25 for the county general obligation bonds shall not be
 35 26 levied against property located in any city except a
 35 27 city which has entered into the agreement, and, if
 35 28 applicable, the county's debt service income surtax
 35 29 for the county general obligation bonds shall not be
 35 30 imposed on taxpayers who reside in any city except a
 35 31 city which has entered into the agreement.
 35 32    2.  Counties and cities entering into an agreement
 35 33 for a joint special assessment district may provide in
 35 34 the agreement for a different rate of the county's
 35 35 debt service tax levy against property in areas of the
 35 36 county outside a city and property within the cities,
 35 37 and, if applicable, for a different rate of the
 35 38 county's debt service income surtax to be imposed on
 35 39 taxpayers residing outside the cities and those
 35 40 residing within each city.
 35 41    Sec.    .  Section 384.26, subsection 2, Code
 35 42 Supplement 1995, is amended to read as follows:
 35 43    2.  Before the council may institute proceedings
 35 44 for the issuance of bonds for a general corporate
 35 45 purpose, it shall call a special city election to vote
 35 46 upon the question of issuing the bonds.  At the
 35 47 election the proposition must be submitted in
 35 48 substantially the following form:
 35 49    Shall the ............ (insert the name of the
 35 50 city) issue its bonds in an amount not exceeding the
 36  1 amount of $.... for the purpose of .........., such
 36  2 bonds to be payable from a property tax levied on all
 36  3 taxable property within the city (and income surtax to
 36  4 offset the property tax to be imposed on the state
 36  5 income tax of each income taxpayer residing in the
 36  6 city)?
 36  7    Sec.    .  Section 384.26, subsection 4, Code
 36  8 Supplement 1995, is amended to read as follows:
 36  9    4.  The proposition of issuing general corporate
 36 10 purpose bonds is not carried or adopted unless the
 36 11 vote in favor of the proposition is equal to at least
 36 12 sixty percent of the total vote cast for and against
 36 13 the proposition at the election.  However, if the city
 36 14 council elects to offset the annual property tax levy
 36 15 with revenues from a local income surtax pursuant to
 36 16 section 76.21, the ballot proposition to authorize the
 36 17 issuance of the bonds shall be submitted to the
 36 18 electorate pursuant to section 75.1, subsection 2.  If
 36 19 the proposition of issuing the general corporate
 36 20 purpose bonds is approved by the voters, the city may
 36 21 proceed with the issuance of the bonds.
 36 22    Sec.    .  Section 384.26, subsection 5, paragraph
 36 23 a, unnumbered paragraph 1, Code Supplement 1995, is
 36 24 amended to read as follows:
 36 25    Notwithstanding the provisions of subsection 2, a
 36 26 council may, in lieu of calling an election, institute
 36 27 proceedings for the issuance of bonds for a general
 36 28 corporate purpose by causing a notice of the proposal
 36 29 to issue the bonds, including a statement of the
 36 30 amount and purpose of the bonds, the type or types of
 36 31 debt service tax to be levied or imposed to pay
 36 32 principal and interest of the bonds, together with the
 36 33 maximum rate of interest which the bonds are to bear,
 36 34 and the right to petition for an election, to be
 36 35 published at least once in a newspaper of general
 36 36 circulation within the city at least ten days prior to
 36 37 the meeting at which it is proposed to take action for
 36 38 the issuance of the bonds subject to the following
 36 39 limitations:
 36 40    Sec.    .  Section 384.32, Code 1995, is amended to
 36 41 read as follows
 36 42    384.32  TAX TO PAY.
 36 43    Taxes for the payment of general obligation bonds
 36 44 must be levied in accordance with chapter 76, and the
 36 45 bonds are payable from the levy of unlimited ad
 36 46 valorem taxes on all the taxable property within the
 36 47 city through its debt service fund authorized by
 36 48 section 384.4 a debt service property tax or a
 36 49 combination of a debt service property tax and a debt
 36 50 service income surtax, unlimited as to amount.
 37  1    Sec.    .  APPLICABILITY DATE.  This division
 37  2 applies to bond issuances approved at elections held
 37  3 on or after the effective date of this Act.  
 37  4                      DIVISION VII
 37  5    Sec.    .  REPEAL.  Section 312.2A, Code 1995, is
 37  6 repealed.
 37  7    Sec.    .  RETROACTIVITY, EFFECTIVE DATE, AND
 37  8 APPLICABILITY PROVISIONS.
 37  9    1.  Sections 50 and 51 of this Act, being deemed of
 37 10 immediate importance, take effect upon enactment.
 37 11    2.  Section 100 of this Act, amending section 8.54,
 37 12 subsection 5, Code 1995, being deemed of immediate
 37 13 importance, takes effect upon enactment and applies
 37 14 retroactively to December 15, 1995.
 37 15    3.  Section 200 of this Act, amending section 8.55,
 37 16 subsection 2, Code Supplement 1995, takes effect June
 37 17 30, 1998, and first applies to moneys appropriated
 37 18 from the surplus in the general fund of the state at
 37 19 the conclusion of the fiscal year ending June 30,
 37 20 1998, and distributed in the succeeding fiscal years
 37 21 as provided in section 8.57.
 37 22    4.  Section 300 of this Act, amending section 8.57,
 37 23 subsection 5, paragraph "c", Code Supplement 1995,
 37 24 takes effect on July 1, 1997.
 37 25    5.  Section 400 of this Act, amending section 8.57,
 37 26 subsection 5, Code Supplement 1995, by adding new
 37 27 paragraph "e", being deemed of immediate importance,
 37 28 takes effect upon enactment and applies retroactively
 37 29 to July 1, 1995.
 37 30    6.  Sections 500 and 501 of this Act amending
 37 31 section 602.8108 are effective July 1, 1997.
 37 32    Sec. 2200.  EFFECTIVE DATE.  Sections 1000 through
 37 33 2100 of this Act, being deemed of immediate
 37 34 importance, take effect upon enactment."
 37 35    #26.  Title page, by striking lines 5 and 6 and
 37 36 inserting the following:  "rebuild Iowa infrastructure
 37 37 fund, creating infrastructure programs and authorizing
 37 38 projects, authorizing funding for bonds issued by a
 37 39 political subdivision, expanding the issuance of motor
 37 40 vehicle licenses by county treasurers and providing
 37 41 funding, construction projects for the".
 37 42    #27.  Title page, line 8, by inserting after the
 37 43 word "appropriations," the following:  "providing for
 37 44 the revocation or suspension of certain driver's
 37 45 licenses by court order,".
 37 46    #28.  By renumbering as necessary.  
 37 47 HF 2421S
 37 48 js/cc/26
     

Text: H05959                            Text: H05961
Text: H05900 - H05999                   Text: H Index
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