Text: HF00479 Text: HF00481 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 262.34C REPAIR AND RESTORATION
1 2 COUNCIL.
1 3 1. a. The board shall establish a repair and restoration
1 4 council which shall be composed of at least five members
1 5 appointed by the board. Members shall be persons with a
1 6 demonstrated interest in the facilities and grounds of
1 7 existing institutions governed by the board, and the
1 8 maintenance of those facilities and grounds. Each member of
1 9 the council shall serve a term of five years, and shall be
1 10 eligible for reappointment. A vacancy on the panel shall be
1 11 filled for the unexpired portion of the regular term in the
1 12 same manner as regular appointments are made.
1 13 b. The board shall reimburse each member for actual
1 14 expenses incurred by the member in performance of the duties
1 15 of the council from moneys available to the board.
1 16 c. A majority of voting members constitutes a quorum, and
1 17 the affirmative vote of a majority present is necessary for
1 18 any action taken by the council, except that a lesser number
1 19 may adjourn a meeting. A majority shall not include any
1 20 member who has a conflict of interest and a statement by a
1 21 member that the member has a conflict of interest is
1 22 conclusive for this purpose. A vacancy in the membership of
1 23 the council does not impair the rights of a quorum to exercise
1 24 all rights and perform all duties of the council.
1 25 d. The council shall meet as needed, but at least twice a
1 26 year. The council shall meet upon call of the chairperson, or
1 27 upon written request of a majority of members of the council.
1 28 2. The council shall advise the board regarding issues and
1 29 recommendations relating to the repair and restoration of
1 30 facilities and grounds of institutions governed by the board,
1 31 and specifically buildings which do not meet federal or state
1 32 fire or safety code requirements.
1 33 3. The council shall develop and update a plan for the
1 34 long-term maintenance of existing facilities and grounds of
1 35 institutions governed by the board, which shall be submitted
2 1 to the board and the general assembly. Each year, the council
2 2 shall report to the board recommendations for repairing and
2 3 restoring existing facilities and grounds that have not been
2 4 maintained and need repair or restoration, which may include
2 5 reconstruction or replacement. Each fifth year the council
2 6 shall submit a list of not more than ten projects for repair
2 7 or restoration. The board shall develop a plan for
2 8 immediately carrying out the repair or restoration projects.
2 9 Each two years, the council must certify that the department
2 10 is carrying out the repair or restoration projects. The board
2 11 shall suspend the acquisition of land or the new construction
2 12 of buildings, until the council certifies that the board is
2 13 carrying out the repair or restoration projects.
2 14 Sec. 2. NEW SECTION. 455A.12 NATURAL RESOURCE REPAIR AND
2 15 RESTORATION COUNCIL.
2 16 1. a. The natural resource repair and restoration council
2 17 shall be established within the parks and preserves division
2 18 of the department and shall be composed of at least five
2 19 members appointed by the director with approval by the natural
2 20 resource commission. Members shall be persons with a
2 21 demonstrated interest in the maintenance of natural lands, and
2 22 existing facilities and improvements located on natural lands,
2 23 which are dedicated for public use and under the supervision
2 24 of the department. Each member of the council shall serve a
2 25 term of five years, and shall be eligible for reappointment.
2 26 A vacancy on the panel shall be filled for the unexpired
2 27 portion of the regular term in the same manner as regular
2 28 appointments are made.
2 29 b. The department shall reimburse each member for actual
2 30 expenses incurred by the member in performance of the duties
2 31 of the council.
2 32 c. A majority of voting members constitutes a quorum, and
2 33 the affirmative vote of a majority present is necessary for
2 34 any action taken by the council, except that a lesser number
2 35 may adjourn a meeting. A majority shall not include any
3 1 member who has a conflict of interest and a statement by a
3 2 member that the member has a conflict of interest is
3 3 conclusive for this purpose. A vacancy in the membership of
3 4 the council does not impair the rights of a quorum to exercise
3 5 all rights and perform all duties of the council.
3 6 d. The council shall meet as needed, but at least twice a
3 7 year. The council shall meet upon call of the chairperson, or
3 8 upon written request of a majority of members of the council.
3 9 2. The council shall advise the department and the natural
3 10 resource commission, regarding issues and recommendations
3 11 relating to the repair and restoration of existing facilities
3 12 and improvements located on lands which are under the direct
3 13 supervision of the department, including state parks and state
3 14 recreation areas. The council shall consider the condition of
3 15 existing facilities and improvements, including but not
3 16 limited to structures, shelters, picnic tables, playgrounds,
3 17 beaches, trails, campsites, greenbelts, and docks.
3 18 3. The council shall develop and update a plan for the
3 19 long-term maintenance of existing facilities and improvements,
3 20 which shall be submitted to the department and the general
3 21 assembly. Each year, the council shall report to the director
3 22 and the natural resource commission recommendations for
3 23 repairing and restoring existing facilities and improvements
3 24 that have not been maintained and need repair or restoration,
3 25 which may include reconstruction or replacement. Each fifth
3 26 year the council shall submit a list to the department,
3 27 commission, and general assembly of not more than ten projects
3 28 for repair or restoration. The department shall develop a
3 29 plan for immediately carrying out the repair or restoration
3 30 projects. Each two years, the council must certify that the
3 31 department is carrying out the repair or restoration projects.
3 32 The department shall suspend the acquisition of open space
3 33 land as provided in chapter 465A, until the council certifies
3 34 that the department is actively engaged in carrying out the
3 35 repair or reconstruction projects.
4 1 Sec. 3. Section 465A.2, Code 1997, is amended by adding
4 2 the following new subsection:
4 3 NEW SUBSECTION. 4. The department shall not acquire open
4 4 space land under this chapter unless the natural resource
4 5 repair and restoration council certifies that the department
4 6 has complied with section 455A.12 by carrying out projects for
4 7 the repair or restoration of facilities or improvements on
4 8 lands under the supervision of the department.
4 9 EXPLANATION
4 10 This bill requires the state board of regents and the
4 11 department of natural resources to each establish a council to
4 12 evaluate the maintenance needs of institutions governed by the
4 13 board and the department. The bill provides procedures for
4 14 the operation of the councils. A council serves an advisory
4 15 capacity and is required to establish a long-term maintenance
4 16 plan and make annual reports to the board or the department.
4 17 Each fifth year a council must submit a list of not more than
4 18 10 projects for repair or restoration which the board or
4 19 department must immediately carry out. Each two years, a
4 20 council must certify that the board or department is carrying
4 21 out the repair or restoration projects. The bill restricts
4 22 the board or department from acquiring land or beginning new
4 23 construction until the board certifies that the repair or
4 24 restoration projects are being accomplished.
4 25 LSB 2493HH 77
4 26 da/cf/24
Text: HF00479 Text: HF00481 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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