Text: H02046                            Text: H02048
Text: H02000 - H02099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index



House Amendment 2047

Amendment Text

PAG LIN
  1  1    Amend House File 742, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 1, by striking lines 4 through 24.
  1  4    #2.  Page 3, by striking lines 7 through 23.
  1  5    #3.  Page 3, by inserting before line 24 the
  1  6 following:  
  1  7                "DEPARTMENT OF EDUCATION
  1  8    Sec.    .  There is appropriated from the rebuild
  1  9 Iowa infrastructure fund to the department of
  1 10 education for the fiscal year beginning July 1, 2001,
  1 11 and ending June 30, 2002, the following amount, to be
  1 12 used for the purpose designated:
  1 13    To provide resources for structural and
  1 14 technological improvements to local libraries,
  1 15 notwithstanding section 8.57, subsection 5, paragraph
  1 16 "c":  
  1 17 .................................................. $    500,000"
  1 18    #4.  Page 4, by striking lines 6 through 23.
  1 19    #5.  Page 4, line 32, by striking the figure
  1 20 "400,000" and inserting the following:  "0".
  1 21    #6.  Page 4, line 35, by striking the figure
  1 22 "1,700,000" and inserting the following:  "0".
  1 23    #7.  Page 5, by striking lines 9 through 20.
  1 24    #8.  By striking page 5, line 28, through page 6,
  1 25 line 2.
  1 26    #9.  Page 6, by striking lines 9 through 11.
  1 27    #10.  Page 6, line 14, by striking the figure
  1 28 "400,000" and inserting the following:  "0".
  1 29    #11.  Page 6, by striking lines 17 through 26.
  1 30    #12.  Page 6, line 35, by striking the figure
  1 31 "4,200,000" and inserting the following:  "0".
  1 32    #13.  Page 7, line 5, by striking the figure
  1 33 "4,453,000" and inserting the following:  "0".
  1 34    #14.  Page 7, line 10, by striking the figure
  1 35 "3,990,000" and inserting the following:  "0".
  1 36    #15.  Page 7, by striking lines 13 through 27.
  1 37    #16.  By striking page 7, line 35, through page 9,
  1 38 line 15.
  1 39    #17.  Page 10, line 23, by striking the word
  1 40 "section" and inserting the following:  "subsection".
  1 41    #18.  Page 14, by striking line 29, and inserting
  1 42 the following:
  1 43    "Sec.    .  REVERSION.
  1 44    1.  Except as provided in subsection 2, and
  1 45 notwithstanding section 8.33, moneys".
  1 46    #19.  Page 14, by inserting after line 35, the
  1 47 following:
  1 48    "2.  Notwithstanding section 8.33, moneys
  1 49 appropriated to the department of agriculture and land
  1 50 stewardship to provide financial assistance for the
  2  1 establishment of permanent soil and water conservation
  2  2 practices as provided in section 20, that remain
  2  3 unencumbered or unobligated at the close of the fiscal
  2  4 year shall not revert but shall remain available for
  2  5 expenditure for the purposes designated until the
  2  6 close of the fiscal year that begins July 1, 2004."
  2  7    #20.  Page 15, by inserting after line 3, the
  2  8 following:  
  2  9                      "DIVISION ___
  2 10              TOBACCO SETTLEMENT TRUST FUND
  2 11    Sec. 501.  2000 Iowa Acts, chapter 1225, section
  2 12 10, is amended by striking the section.
  2 13    Sec. 502.  2000 Iowa Acts, chapter 1225, section
  2 14 15, subsections 1 through 3, are amended to read as
  2 15 follows:
  2 16    1.  For improvements to Gilman hall at Iowa state
  2 17 university of science and technology, including the
  2 18 replacement of the heating, ventilation, and air
  2 19 conditioning system, replacement of the fume hood
  2 20 exhaust system, and the construction of an addition to
  2 21 house mechanical equipment:  
  2 22 FY 2000-2001...................................... $  8,500,000
  2 23 FY 2001-2002...................................... $  2,500,000
  2 24                                                               0
  2 25 FY 2002-2003...................................... $          0
  2 26    2.  For continued renovation of the biological
  2 27 sciences facility at the state university of Iowa:  
  2 28 FY 2000-2001...................................... $  4,400,000
  2 29 FY 2001-2002...................................... $  7,300,000
  2 30                                                               0
  2 31 FY 2002-2003...................................... $  3,000,000
  2 32    3.  For construction of an addition to McCollum
  2 33 science hall at the university of northern Iowa:  
  2 34 FY 2000-2001...................................... $  2,700,000
  2 35 FY 2001-2002...................................... $  5,800,000
  2 36                                                               0
  2 37 FY 2002-2003...................................... $  8,400,000
  2 38    Sec. 503.  2000 Iowa Acts, chapter 1225, section
  2 39 18, unnumbered paragraph 2, is amended to read as
  2 40 follows:
  2 41    For deposit in the community attraction and tourism
  2 42 fund:  
  2 43 FY 2001-2002.................................... . $ 12,500,000
  2 44                                                               0
  2 45 FY 2002-2003...................................... $ 12,500,000
  2 46 FY 2003-2004...................................... $ 12,500,000
  2 47    Sec. 504.  There is appropriated from the tax-
  2 48 exempt bond proceeds restricted capital funds account
  2 49 of the tobacco settlement trust fund to the following
  2 50 departments and agencies for the fiscal year beginning
  3  1 July 1, 2001, and ending June 30, 2002, the following
  3  2 amounts, or so much thereof as is necessary, to be
  3  3 used for the purposes designated:
  3  4    1.  DEPARTMENT OF CORRECTIONS.
  3  5    a.  To supplement funds appropriated in 1998 Iowa
  3  6 Acts, chapter 1219, section 2, subsection 3, for
  3  7 construction of a 200-bed facility at the Iowa state
  3  8 penitentiary at Fort Madison:  
  3  9 .................................................. $  6,400,000
  3 10    b.  For costs associated with connecting the
  3 11 correctional facility at Oakdale to the city of
  3 12 Coralville water system:  
  3 13 .................................................. $    100,000
  3 14    c.  For the final phase of the state's share of the
  3 15 construction costs associated with the Mitchellville
  3 16 waste water treatment plant:  
  3 17 .................................................. $    364,400
  3 18    d.  For costs of entering into a lease-purchase
  3 19 agreement to connect the electrical system supporting
  3 20 the special needs unit at Fort Madison:  
  3 21 .................................................. $    333,168
  3 22    2.  DEPARTMENT OF ECONOMIC DEVELOPMENT.
  3 23    For accelerated career education program capital
  3 24 projects at community colleges that are authorized
  3 25 under chapter 260G and that meet the definition of
  3 26 "vertical infrastructure" in section 8.57, subsection
  3 27 5, paragraph "c":  
  3 28 .................................................. $  2,500,000
  3 29    The moneys appropriated in this subsection shall be
  3 30 allocated equally among the community colleges in the
  3 31 state.  If any portion of the equal allocation to a
  3 32 community college is not obligated or encumbered by
  3 33 April 1, 2002, the unobligated and unencumbered
  3 34 portions shall be available for use by other community
  3 35 colleges.
  3 36    3.  DEPARTMENT OF GENERAL SERVICES.
  3 37    a.  For major renovation and major repair needs
  3 38 including health, life, and fire safety needs, and for
  3 39 compliance with the federal Americans With
  3 40 Disabilities Act, for state-owned buildings and
  3 41 facilities:  
  3 42 .................................................. $ 11,500,000
  3 43    (1)  Of the amount appropriated in this paragraph
  3 44 "a", up to $375,000 may be used for costs associated
  3 45 with project management services in the division of
  3 46 design and construction of the department,
  3 47 notwithstanding section 8.57, subsection 5, paragraph
  3 48 "c".
  3 49    (2)  Of the amount appropriated in this paragraph
  3 50 "a", $200,000 may be used for costs associated with
  4  1 the vertical infrastructure program, notwithstanding
  4  2 section 8.57, subsection 5, paragraph "c".
  4  3    b.  For the purchase of land and improvements to
  4  4 properties in the vicinity of the capitol complex:  
  4  5 .................................................. $    200,000
  4  6    Funds appropriated in this paragraph "b" may be
  4  7 expended to prepare purchased property for utilization
  4  8 by the state.
  4  9    c.  For the construction of a pedestrian bridge
  4 10 across Court avenue to provide pedestrian access
  4 11 across the capitol complex:  
  4 12 .................................................. $    400,000
  4 13    d.  For capitol interior restoration:  
  4 14 .................................................. $  1,700,000
  4 15    e.  For consideration for an option to purchase all
  4 16 or a portion of the following properties,
  4 17 notwithstanding section 8.57, subsection 5, paragraph
  4 18 "c":  a 2.4-acre parcel located at the northwest
  4 19 corner of Pennsylvania avenue and Des Moines street,
  4 20 including a 26,319-square foot one-story masonry
  4 21 structure; a 0.17-acre site located at 1022 Des Moines
  4 22 street; a 2.2-acre site on the city block bounded by
  4 23 East Eleventh, East Twelfth, Des Moines, and Lyon
  4 24 streets, including an 11,058-square foot building; and
  4 25 a 7.5-acre parcel consisting of two contiguous city
  4 26 blocks bounded by East Twelfth, East Fourteenth, Des
  4 27 Moines, and Lyon streets, including five buildings:  
  4 28 .................................................. $    500,000
  4 29    The consideration for the option to purchase shall
  4 30 be applied to the contract purchase price in the event
  4 31 the option to purchase any or all of the properties
  4 32 described in this paragraph "e" is exercised.  The
  4 33 option to purchase shall be for a period of at least
  4 34 one year beginning on or after July 1, 2001, and shall
  4 35 be exercised only after a specific appropriation by
  4 36 the general assembly for the purchase of all or a
  4 37 portion of the properties described in this paragraph
  4 38 "e".
  4 39    f.  For an appraisal, environmental assessment, and
  4 40 feasibility study of the properties described in
  4 41 paragraph "e":  
  4 42 .................................................. $    250,000
  4 43    4.  IOWA STATE FAIR AUTHORITY.
  4 44    For vertical infrastructure projects on the state
  4 45 fairgrounds:  
  4 46 .................................................. $    500,000
  4 47    For purposes of this subsection, "vertical
  4 48 infrastructure" means the same as defined in section
  4 49 8.57, subsection 5, paragraph "c".
  4 50    5.  JUDICIAL BRANCH.
  5  1    For construction of a new judicial building:  
  5  2 ................................................. $ 10,300,000
  5  3    The judicial branch is authorized to enter into
  5  4 contracts for the full cost of the planning, design,
  5  5 and construction of a new judicial building for which
  5  6 appropriations are made in this subsection and in 1998
  5  7 Iowa Acts, chapter 1223, section 8, and 1999 Iowa
  5  8 Acts, chapter 204, section 6.  The state shall not be
  5  9 obligated for costs associated with contracts
  5 10 identified in this paragraph in excess of funds
  5 11 appropriated by the general assembly.  Notwithstanding
  5 12 any provision of this Act to the contrary or section
  5 13 8.33, moneys appropriated in this subsection that
  5 14 remain unencumbered or unobligated at the close of the
  5 15 fiscal year that begins July 1, 2004, shall revert at
  5 16 the close of that fiscal year.  However, if the
  5 17 project for which the moneys are appropriated is
  5 18 completed in an earlier fiscal year, unencumbered or
  5 19 unobligated moneys shall revert at the close of that
  5 20 fiscal year.
  5 21    6.  DEPARTMENT OF NATURAL RESOURCES.
  5 22    a.  For continuation of the restore the outdoors
  5 23 program:  
  5 24 .................................................. $  2,500,000
  5 25    b.  For costs associated with the planning and
  5 26 design of a premier destination park, notwithstanding
  5 27 section 8.57, subsection 5, paragraph "c", as follows:  
  5 28 .................................................. $  1,000,000
  5 29    7.  DEPARTMENT OF PUBLIC DEFENSE.
  5 30    a.  For maintenance and repair of national guard armories
  5 31 and facilities:  
  5 32 .................................................. $    700,000
  5 33    b.  For construction of a new national guard armory
  5 34 at Estherville:  
  5 35 .................................................. $    400,000
  5 36    8.  DEPARTMENT OF PUBLIC SAFETY.
  5 37    For the location and purchase of land, a site
  5 38 survey, soil sampling, and site preparation for the
  5 39 construction of a new Iowa state patrol post in Mason
  5 40 City:  
  5 41 .................................................. $    250,000
  5 42    9.  STATE BOARD OF REGENTS.
  5 43    a.  For construction of a new business college
  5 44 building at Iowa state university of science and
  5 45 technology:  
  5 46 .................................................. $  4,200,000
  5 47    b.  For phase I of construction of the art building
  5 48 at the state university of Iowa:  
  5 49 .................................................. $  4,453,000
  5 50    c.  For upgrading the steam distribution system at
  6  1 the university of northern Iowa:  
  6  2 .................................................. $  3,990,000
  6  3    d.  For utility system replacement at the Iowa
  6  4 school for the deaf:  
  6  5 .................................................. $    250,000
  6  6    e.  For tuckpointing at the Iowa school for the
  6  7 deaf:  
  6  8 .................................................. $    185,000
  6  9    f.  For upgrading the heating, ventilation, and air
  6 10 conditioning system at the Iowa braille and sight
  6 11 saving school:  
  6 12 .................................................. $    400,000
  6 13    g.  For improvements to Gilman hall at Iowa state
  6 14 university of science and technology, including the
  6 15 replacement of the heating, ventilation, and air
  6 16 conditioning system, replacement of the fume hood
  6 17 exhaust system, and the construction of an addition to
  6 18 house mechanical equipment:  
  6 19 .................................................. $  2,500,000
  6 20    h.  For continued renovation of the biological
  6 21 sciences facility at the state university of Iowa:  
  6 22 .................................................. $  7,300,000
  6 23    i.  For construction of an addition to McCollum
  6 24 science hall at the university of northern Iowa:  
  6 25 .................................................. $  5,800,000
  6 26    The state board of regents is authorized to enter
  6 27 into contracts for the full cost of carrying out the
  6 28 projects listed in paragraphs "a" through "c" and "g"
  6 29 through "i", for which appropriations are made in
  6 30 those paragraphs.  The state shall not be obligated
  6 31 for costs associated with contracts identified in this
  6 32 paragraph in excess of the funds appropriated by the
  6 33 general assembly.
  6 34    10.  STATE DEPARTMENT OF TRANSPORTATION.
  6 35    a.  For vertical infrastructure improvements at all
  6 36 10 of the commercial air service airports within the
  6 37 state:  
  6 38 .................................................. $  1,000,000
  6 39    One-half of the funds appropriated in this
  6 40 paragraph "a" shall be allocated equally between each
  6 41 commercial service airport, 40 percent of the funds
  6 42 shall be allocated based on the percentage that the
  6 43 number of enplaned passengers at each commercial
  6 44 service airport bears to the total number of enplaned
  6 45 passengers in the state during the previous fiscal
  6 46 year, and 10 percent of the funds shall be allocated
  6 47 based on the percentage that the air cargo tonnage at
  6 48 each commercial service airport bears to the total air
  6 49 cargo tonnage in the state during the previous fiscal
  6 50 year.  In order for a commercial service airport to
  7  1 receive funding under this paragraph "a", the airport
  7  2 shall be required to submit applications for funding
  7  3 of specific projects to the department for approval by
  7  4 the state transportation commission.
  7  5    b.  For an aviation hangar grant program for
  7  6 improvements to and design and construction of hangars
  7  7 at general aviation airports within the state:  
  7  8 .................................................. $    500,000
  7  9    c.  For acquiring, constructing, and improving
  7 10 recreational trails within the state:  
  7 11 .................................................. $  1,000,000
  7 12    Of the amount appropriated in this paragraph "c",
  7 13 $500,000 shall be used for funding, on a matching
  7 14 basis, recreational trail projects, with priority
  7 15 given to completion of trail connections and sections
  7 16 between existing trails and parks within the
  7 17 established state recreational trails system.  Such
  7 18 projects shall be matched by $1 of private or other
  7 19 funds for each $3 of state funds.
  7 20    Of the amount appropriated in this paragraph "c",
  7 21 $50,000 shall be allocated for planning and
  7 22 development of the Iowa portion of the Mississippi
  7 23 river trail.
  7 24    11.  OFFICE OF TREASURER OF STATE.
  7 25    a.  For county fair infrastructure improvements for
  7 26 distribution in accordance with chapter 174 to
  7 27 qualified fairs which belong to the association of
  7 28 Iowa fairs:  
  7 29 .................................................. $  1,060,000
  7 30    b.  For deposit in the community attraction and
  7 31 tourism fund:  
  7 32 .................................................. $  12,500,000
  7 33    Payment of moneys from the appropriations in this
  7 34 section shall be made in a manner that does not
  7 35 adversely affect the tax-exempt status of any
  7 36 outstanding bonds issued by the tobacco settlement
  7 37 authority.
  7 38    Sec. ___.  CONTINGENT AND ALTERNATIVE
  7 39 APPROPRIATIONS – EFFECTIVE DATE.  The appropriations
  7 40 in section 504 of this division of this Act shall be
  7 41 made from the tax-exempt bond proceeds restricted
  7 42 capital funds account of the tobacco settlement trust
  7 43 fund on or after the effective date of the receipt of
  7 44 tax-exempt bond proceeds by the tobacco settlement
  7 45 authority and the deposit of the proceeds of the tax-
  7 46 exempt bonds in the tax-exempt bond proceeds
  7 47 restricted capital funds account of the tobacco
  7 48 settlement trust fund.  However, if any of the
  7 49 following occurs, the appropriations in section 504 of
  7 50 this division of this Act shall be made from the
  8  1 rebuild Iowa infrastructure fund to the extent they
  8  2 cannot be made from the tax-exempt bond proceeds
  8  3 restricted capital funds account of the tobacco
  8  4 settlement trust fund:
  8  5    1.  2001 Iowa Acts, Senate File 532 is not enacted.
  8  6    2.  2001 Iowa Acts, Senate File 532 is enacted, but
  8  7 the tobacco settlement authority established in
  8  8 chapter 12E does not securitize tobacco master
  8  9 settlement agreement payments sold to the authority
  8 10 pursuant to 2001 Iowa Acts, Senate File 532 prior to
  8 11 June 30, 2002.
  8 12    3.  2001 Iowa Acts, Senate File 532 is enacted and
  8 13 the tobacco settlement authority securitizes tobacco
  8 14 master settlement agreement payments sold to the
  8 15 authority pursuant to 2001 Iowa Acts, Senate File 532,
  8 16 but the bond proceeds are not received by the tobacco
  8 17 settlement authority and deposited in the tax-exempt
  8 18 bond proceeds restricted capital funds account of the
  8 19 tobacco settlement trust fund on or before June 30,
  8 20 2002.
  8 21    4.  For any other reason, any of the amounts in
  8 22 section 504 cannot be paid from the tax-exempt bond
  8 23 proceeds restricted capital funds account of the
  8 24 tobacco settlement trust fund.
  8 25    Sec. 505.  There is appropriated from the tax-
  8 26 exempt bond proceeds restricted capital funds account
  8 27 of the tobacco settlement trust fund to the following
  8 28 departments and agencies for the fiscal year beginning
  8 29 July 1, 2001, and ending June 30, 2002, the following
  8 30 amounts, or so much thereof as is necessary, to be
  8 31 used for the purposes designated:
  8 32    1.  IOWA TELECOMMUNICATIONS AND TECHNOLOGY
  8 33 COMMISSION.
  8 34    For conversion of the Iowa communications network
  8 35 to asynchronous transfer mode technology,
  8 36 notwithstanding section 8.57, subsection 5, paragraph
  8 37 "c", and section 12E.12, subsection 1, paragraph "b",
  8 38 subparagraph (1), as enacted by 2001 Iowa Acts, Senate
  8 39 File 532, if enacted:  
  8 40 .................................................. $  3,500,000
  8 41    2.  DEPARTMENT OF EDUCATION.
  8 42    For allocation to the public broadcasting division
  8 43 for completion of the conversion to high-definition
  8 44 television, notwithstanding section 8.57, subsection
  8 45 5, paragraph "c", and section 12E.12, subsection 1,
  8 46 paragraph "b", subparagraph (1), as enacted by 2001
  8 47 Iowa Acts, Senate File 532, if enacted:  
  8 48 .................................................. $  2,400,000
  8 49    Payment of moneys from the appropriations in this
  8 50 section shall be made in a manner that does not
  9  1 adversely affect the tax-exempt status of any
  9  2 outstanding bonds issued by the tobacco settlement
  9  3 authority.
  9  4    Sec. 701.  There is appropriated from the tax-
  9  5 exempt bond proceeds restricted capital funds account
  9  6 of the tobacco settlement trust fund to the department
  9  7 of general services for the following fiscal years,
  9  8 the following amounts, or so much thereof as is
  9  9 necessary, to be used for the purposes designated:
  9 10    For the planning, design, and construction of a
  9 11 multipurpose laboratory facility:  
  9 12 FY 2001-2002...................................... $ 16,670,000
  9 13 FY 2002-2003...................................... $ 16,670,000
  9 14 FY 2003-2004...................................... $ 16,660,000
  9 15    The department is authorized to enter into
  9 16 contracts for the full cost of the project for which
  9 17 appropriations are made in this section.  The state
  9 18 shall not be obligated for costs associated with
  9 19 contracts identified in this paragraph in excess of
  9 20 the funds appropriated by the general assembly.
  9 21    Payment of moneys from the appropriations in this
  9 22 section shall be made in a manner that does not
  9 23 adversely affect the tax-exempt status of any
  9 24 outstanding bonds issued by the tobacco settlement
  9 25 authority.
  9 26    Sec. ___.  CONTINGENT APPROPRIATIONS – EFFECTIVE
  9 27 DATE.  The appropriations in sections 505 and 701 of
  9 28 this division of this Act shall be made from the tax-
  9 29 exempt bond proceeds restricted capital funds account
  9 30 of the tobacco settlement trust fund on or after the
  9 31 effective date of the receipt of tax-exempt bond
  9 32 proceeds by the tobacco settlement authority and the
  9 33 deposit of the proceeds of the tax-exempt bonds in the
  9 34 tax-exempt bond proceeds restricted capital funds
  9 35 account of the tobacco settlement trust fund.
  9 36 However, if any of the following occurs, the
  9 37 appropriations in sections 505 and 701 of this
  9 38 division of this Act shall not be made from the tax-
  9 39 exempt bond proceeds restricted capital funds account
  9 40 of the tobacco settlement trust fund:
  9 41    1.  2001 Iowa Acts, Senate File 532 is not enacted.
  9 42    2.  2001 Iowa Acts, Senate File 532 is enacted, but
  9 43 the tobacco settlement authority established in
  9 44 chapter 12E does not securitize tobacco master
  9 45 settlement agreement payments sold to the authority
  9 46 pursuant to 2001 Iowa Acts, Senate File 532 prior to
  9 47 June 30, 2002.
  9 48    3.  2001 Iowa Acts, Senate File 532 is enacted and
  9 49 the tobacco settlement authority securitizes tobacco
  9 50 master settlement agreement payments sold to the
 10  1 authority pursuant to 2001 Iowa Acts, Senate File 532,
 10  2 but the bond proceeds are not received by the tobacco
 10  3 settlement authority and deposited in the tax-exempt
 10  4 bond proceeds restricted capital funds account of the
 10  5 tobacco settlement trust fund on or before June 30,
 10  6 2002.
 10  7    4.  For any other reason, any of the amounts in
 10  8 section 505 cannot be paid from the tax-exempt bond
 10  9 proceeds restricted capital funds account of the
 10 10 tobacco settlement trust fund.
 10 11    Sec. ___.  REVERSION.  Notwithstanding section
 10 12 8.33, moneys appropriated in this division of this Act
 10 13 shall not revert at the close of the fiscal year for
 10 14 which they were appropriated but shall remain
 10 15 available for the purposes designated until the close
 10 16 of the fiscal year that begins July 1, 2004, or until
 10 17 the project for which the appropriation was made is
 10 18 completed, whichever is earlier.
 10 19    Sec. ___.  EFFECTIVE DATES.  Sections 501 through
 10 20 503 of this division of this Act, amending 2000 Iowa
 10 21 Acts, chapter 1224, sections 10, 15, and 18, being
 10 22 deemed of immediate importance, take effect upon
 10 23 enactment."
 10 24    #21.  Page 16, by striking lines 1 through 7, and
 10 25 inserting the following:
 10 26    "Sec. 101.  Section 8.57, subsection 5, paragraph
 10 27 e, Code 2001, is amended by adding the following new
 10 28 unnumbered paragraph:
 10 29    NEW UNNUMBERED PARAGRAPH.  If the total amount of
 10 30 moneys directed to be deposited in the general fund of
 10 31 the state under sections 99D.17 and 99F.11 in a fiscal
 10 32 year is less than the total amount of moneys directed
 10 33 to be deposited in the vision Iowa fund and the school
 10 34 infrastructure fund in the fiscal year pursuant to
 10 35 this paragraph "e", the difference shall be paid from
 10 36 lottery revenues in the manner provided in section
 10 37 99E.10, subsection 3.
 10 38    Sec.    .  Section 12.73, Code 2001, is amended to
 10 39 read as follows:
 10 40    12.73  VISION IOWA FUND MONEYS – ADMINISTRATIVE
 10 41 COSTS.
 10 42    During the term of the vision Iowa program
 10 43 established in section 15F.302, one two hundred
 10 44 thousand dollars of the moneys deposited each fiscal
 10 45 year in the vision Iowa fund and appropriated for the
 10 46 vision Iowa program shall be allocated each fiscal
 10 47 year to the department of economic development for
 10 48 administrative costs incurred by the department for
 10 49 purposes of administering the vision Iowa program.
 10 50    Sec. 102.  Section 12.74, subsection 2, Code 2001,
 11  1 is amended by striking the subsection.
 11  2    Sec. 103.  Section 12.84, subsection 2, Code 2001,
 11  3 is amended by striking the subsection.
 11  4    Sec. 104.  Section 15F.202, subsection 2,
 11  5 unnumbered paragraph 1, Code 2001, is amended to read
 11  6 as follows:
 11  7    A city or county in the state or public
 11  8 organization may submit an application to the board
 11  9 for financial assistance for a project under the
 11 10 program.  The assistance shall be provided only from
 11 11 funds, rights, and assets legally available to the
 11 12 board and shall be in the form of grants, loans,
 11 13 forgivable loans, and loan guarantees credit
 11 14 enhancement and financing instruments.  The
 11 15 application shall include, but not be limited to, the
 11 16 following information:
 11 17    Sec. 105.  Section 15F.202, subsection 3, Code
 11 18 2001, is amended to read as follows:
 11 19    3.  A school district, in cooperation with a city
 11 20 or county, may submit a joint application for
 11 21 financial assistance for a project under the program.
 11 22 The assistance shall be provided only from funds,
 11 23 rights, and assets legally available to the board and
 11 24 shall be in the form of grants, loans, forgivable
 11 25 loans, and loan guarantees credit enhancement and
 11 26 financing instruments.  In addition to the information
 11 27 required in subsection 2, the application shall
 11 28 include a demonstration that the intended future use
 11 29 of the project shall be by both joint applicants.
 11 30    Sec. 106.  Section 15F.204, subsection 3, Code
 11 31 2001, is amended to read as follows:
 11 32    3.  The fund shall be used to provide assistance
 11 33 only from funds, rights, and assets legally available
 11 34 to the board in the form of grants, loans, forgivable
 11 35 loans, and loan guarantees credit enhancements and
 11 36 financing instruments under the community attraction
 11 37 and tourism program established in section 15F.202.
 11 38 An applicant under the community attraction and
 11 39 tourism program shall not receive financial assistance
 11 40 from the fund in an amount exceeding fifty percent of
 11 41 the total cost of the project.
 11 42    Sec. 107.  Section 15F.302, subsection 2,
 11 43 unnumbered paragraph 1, Code 2001, is amended to read
 11 44 as follows:
 11 45    A city or county or a public organization in the
 11 46 state may submit an application to the board for
 11 47 financial assistance for a project under the program.
 11 48 For purposes of this subsection, "public organization"
 11 49 means a nonprofit economic development organization or
 11 50 other nonprofit organization that sponsors or supports
 12  1 community or tourism attractions and activities.  The
 12  2 financial assistance from the fund shall be provided
 12  3 only from funds, rights, and assets legally available
 12  4 to the board and shall be in the form of grants,
 12  5 loans, forgivable loans, pledges, and guarantees
 12  6 credit enhancements and financing instruments.  The
 12  7 application shall include, but not be limited to, the
 12  8 following information:
 12  9    Sec. 108.  Section 15F.302, subsection 3, Code
 12 10 2001, is amended to read as follows:
 12 11    3.  A school district, in cooperation with a city
 12 12 or county, may submit a joint application for
 12 13 financial assistance for a project under the program.
 12 14 The financial assistance shall be provided only from
 12 15 funds, rights, and assets legally available to the
 12 16 board and shall be in the form of grants, loans,
 12 17 forgivable loans, and loan guarantees credit
 12 18 enhancements and financing instruments.  In addition
 12 19 to the information required in subsection 2, the
 12 20 application shall include a demonstration that the
 12 21 intended future use of the project shall be by both
 12 22 joint applicants.
 12 23    Sec. 109.  NEW SECTION.  15F.303A  PUBLIC
 12 24 ORGANIZATIONS – COMPETITIVE BIDDING OF PROJECTS.
 12 25    A public organization, as defined in section
 12 26 15F.302, subsection 2, whose application for financial
 12 27 assistance under the program is approved by the board
 12 28 shall advertise for sealed bids for the construction
 12 29 portion of the proposed project by publishing a notice
 12 30 to bidders as provided in this section.  The notice to
 12 31 bidders shall be published in a newspaper of general
 12 32 circulation in the county where the construction is to
 12 33 be performed not less than twenty days but not more
 12 34 than forty-five days before the date for filing bids.
 12 35    1.  NOTICE TO BIDDERS.  The notice to bidders must
 12 36 state the following items:
 12 37    a.  The time and place for filing sealed proposals.
 12 38    b.  The time and place sealed proposals will be
 12 39 opened and considered on behalf of the public
 12 40 organization.
 12 41    c.  The general nature of the project on which bids
 12 42 are requested.
 12 43    d.  In general terms when the work must be
 12 44 commenced and when it must be completed.
 12 45    e.  That each bidder shall accompany the bid with a
 12 46 bid security as prescribed in this paragraph and as
 12 47 specified by the public organization, as security that
 12 48 the successful bidder will enter into a contract for
 12 49 the work bid upon and will furnish after the award of
 12 50 contract a corporate surety bond, acceptable to the
 13  1 public organization, for the faithful performance of
 13  2 the contract, in an amount equal to one hundred
 13  3 percent of the amount of the contract.  The bidder's
 13  4 security shall be in an amount fixed by the public
 13  5 organization, and shall be in the form of a cashier's
 13  6 or certified check drawn on a bank in Iowa or a bank
 13  7 chartered under the laws of the United States, or a
 13  8 certified share draft drawn on a credit union in Iowa
 13  9 or chartered under the laws of the United States, or
 13 10 the public organization may provide for a bidder's
 13 11 bond with corporate surety satisfactory to the public
 13 12 organization.  The bid bond shall contain no
 13 13 conditions except for those provided in this
 13 14 subsection.
 13 15    f.  Any further information that the public
 13 16 organization deems pertinent.
 13 17    The notice to bidders may provide that bids will be
 13 18 received for the furnishing of all labor and materials
 13 19 and furnishing or installing equipment under one
 13 20 contract, or for parts thereof in separate sections.
 13 21    2.  BID SECURITY.  The amount of bid security must
 13 22 be fixed by the public organization prior to ordering
 13 23 publication of the notice to bidders and must equal at
 13 24 least five percent, but may not exceed ten percent of
 13 25 either the estimated total contract cost of the
 13 26 construction portion of the project, or the amount of
 13 27 each bid.
 13 28    3.  AWARD OF CONTRACT.  The contract for the
 13 29 construction portion of the project must be awarded to
 13 30 the lowest responsible bidder.  This subsection shall
 13 31 not be construed to prohibit a public organization in
 13 32 the award of a contract for the construction portion
 13 33 of a project from providing, an enhancement of
 13 34 payments upon early completion of the construction
 13 35 portion of the project if the availability of the
 13 36 enhancement payments is included in the notice to
 13 37 bidders, the enhancement payments are competitively
 13 38 neutral to potential bidders, and the total value of
 13 39 the enhancement payments does not exceed ten percent
 13 40 of the value of the contract.
 13 41    Sec. 110.  Section 15F.304, subsection 4, Code
 13 42 2001, is amended to read as follows:
 13 43    4.  Upon review of the recommendations of the
 13 44 review committee, the board shall approve, defer, or
 13 45 deny the applications.  If an application is approved,
 13 46 the board may enter into an agreement with the
 13 47 applicant to provide financial assistance authorized
 13 48 under section 15F.302.
 13 49    Sec. 111.  Section 99E.10, Code 2001, is amended by
 13 50 adding the following subsection:
 14  1    NEW SUBSECTION.  3.  a.  Notwithstanding subsection
 14  2 1, if gaming revenues under sections 99D.17 and 99F.11
 14  3 are insufficient in a fiscal year to meet the total
 14  4 amount of such revenues directed to be deposited in
 14  5 the vision Iowa fund and the school infrastructure
 14  6 fund during the fiscal year pursuant to section 8.57,
 14  7 subsection 5, paragraph "e", the difference shall be
 14  8 paid from lottery revenues prior to deposit of the
 14  9 lottery revenues in the general fund.  If lottery
 14 10 revenues are insufficient during the fiscal year to
 14 11 pay the difference, the remaining difference shall be
 14 12 paid from lottery revenues in subsequent fiscal years
 14 13 as such revenues become available.
 14 14    b.  The treasurer of state shall, each quarter,
 14 15 prepare an estimate of the gaming revenues and lottery
 14 16 revenues that will become available during the
 14 17 remainder of the appropriate fiscal year for the
 14 18 purposes described in paragraph "a".  The department
 14 19 of management and the department of revenue and
 14 20 finance shall take appropriate actions to provide that
 14 21 the amount of gaming revenues and lottery revenues
 14 22 that will be available during the remainder of the
 14 23 appropriate fiscal year is sufficient to cover any
 14 24 anticipated deficiencies."
 14 25    #22.  Page 17, by striking lines 18 through 28, and
 14 26 inserting the following:
 14 27    "Sec. ___.  2001 Iowa Acts, House File 755, section
 14 28 30, if enacted, is amended to read as follows:
 14 29    SEC. 30.  Notwithstanding any contrary provision in
 14 30 section 455E.11, subsection 1, Code 2001, any
 14 31 unencumbered or unobligated cash balance in the
 14 32 groundwater protection fund and in any of the accounts
 14 33 within the groundwater protection fund on June 30,
 14 34 2001 not needed for expenditure in the fiscal year
 14 35 beginning July 1, 2001, and ending June 30, 2002,
 14 36 shall be transferred to the general fund of the state.
 14 37    Sec.    .  USE OF TAX-EXEMPT BOND PROCEEDS –
 14 38 REIMBURSEMENT.
 14 39    1.  Notwithstanding any provision of law to the
 14 40 contrary, moneys deposited in the tax-exempt bond
 14 41 proceeds restricted capital funds account of the
 14 42 tobacco settlement trust fund that are subject to an
 14 43 appropriation pursuant to section 12E.10, subsection
 14 44 1, paragraph "b", as amended by 2001 Iowa Acts, Senate
 14 45 File 532, if enacted, shall remain in the tax-exempt
 14 46 bond proceeds restricted capital funds account until
 14 47 such time as costs are properly incurred and due for
 14 48 the purpose for which the appropriation was made.
 14 49 Payments for such properly incurred costs shall be
 14 50 made consistent with the requirements of federal law,
 15  1 chapter 12E, as amended by 2001 Iowa Acts, Senate File
 15  2 532, if enacted, and the sales agreement, as defined
 15  3 in section 12E.2.
 15  4    2.  Until bond proceeds are received by the tobacco
 15  5 settlement authority and deposited in the tax-exempt
 15  6 bond proceeds restricted capital funds account of the
 15  7 tobacco settlement trust fund, payments for costs
 15  8 incurred for projects for which appropriations are
 15  9 made in section 504 of this division of this Act may
 15 10 be made from the rebuild Iowa infrastructure fund.
 15 11 Upon receipt of bond proceeds and deposit of the
 15 12 proceeds in the tax-exempt bond proceeds restricted
 15 13 capital funds account, such payments shall be
 15 14 reimbursed to the rebuild Iowa infrastructure fund
 15 15 from the tax-exempt bond proceeds restricted capital
 15 16 funds account, subject, however, to any applicable
 15 17 limitations on the use of the proceeds as provided in
 15 18 the Internal Revenue Code and this Act.
 15 19    Sec.    .  EFFECTIVE DATE.  The following
 15 20 provisions of this division of this Act, being deemed
 15 21 of immediate importance, take effect upon enactment:
 15 22    Sections 101 through 111 of this division of this
 15 23 Act, amending sections 8.57, 12.74, 12.84, 15F.202,
 15 24 15F.204, and 15F.302, enacting section 15F.303A, and
 15 25 amending sections 15F.304, and 99E.10."
 15 26    #23.  Title page, lines 1 and 2, by striking the
 15 27 words "from the rebuild Iowa infrastructure fund".
 15 28    #24.  Title page, line 9, by striking the word
 15 29 "and".
 15 30    #25.  Title page, by striking lines 10 through 14,
 15 31 and inserting the following:  "state, and the
 15 32 department of agriculture and land stewardship, and to
 15 33 the Iowa resources".
 15 34    #26.  Title page, line 16, by inserting after the
 15 35 word "changes," the following:  "providing for
 15 36 alternative and contingent appropriations,".
 15 37    #27.  By renumbering, relettering, or redesignating
 15 38 and correcting internal references as necessary.  
 15 39 HF 742S
 15 40 nh/cc/26
     

Text: H02046                            Text: H02048
Text: H02000 - H02099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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