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House File 698

Partial Bill History

Bill Text

PAG LIN
  1  1                                              HOUSE FILE 698
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO REGULATORY AND EXPENDITURE MATTERS, MAKING 
  1  5    APPROPRIATIONS, AND INCLUDING EFFECTIVE DATE AND 
  1  6    RETROACTIVE APPLICABILITY PROVISIONS.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  APPROPRIATIONS FOR TEMPORARY UTILITY BOARD AND
  1 11 CONSUMER ADVOCATE STAFFING.  The utilities board and the
  1 12 consumer advocate may employ additional temporary staff, or
  1 13 may contract for professional services with persons who are
  1 14 not state employees, as the board and the consumer advocate
  1 15 deem necessary to perform required functions, including but
  1 16 not limited to, review of power purchase contracts, review of
  1 17 emission plans and budgets, and review of ratemaking
  1 18 principles proposed for construction or lease of a new
  1 19 generating facility pursuant to 2001 Iowa Acts, House File
  1 20 577, if enacted.  Beginning July 1, 2001, there is
  1 21 appropriated out of any funds in the state treasury not
  1 22 otherwise appropriated, such sums as may be necessary to
  1 23 enable the board and the consumer advocate to hire additional
  1 24 staff and contract for services under this section.  The costs
  1 25 of the additional staff and services shall be assessed to the
  1 26 utilities pursuant to the procedure in section 476.10 and
  1 27 section 475A.6.
  1 28    Sec. 2.  WORKFORCE ATTRITION PROGRAM AND FUND.
  1 29    1.  For the fiscal year beginning July 1, 2001, and ending
  1 30 June 30, 2002, the department of management shall establish a
  1 31 workforce attrition program.  The department shall administer
  1 32 the program as necessary to achieve the goal of eliminating
  1 33 full-time equivalent positions in the executive branch of
  1 34 state government that approximate the number of executive
  1 35 branch employees who voluntarily retire during the fiscal
  2  1 year.
  2  2    2.  a.  The department shall establish a workforce
  2  3 attrition fund to receive transfers of moneys from executive
  2  4 branch agencies and departments representing unused general
  2  5 fund wages and benefits, after payment for vacation or sick
  2  6 leave benefits, of employees who retire during the fiscal
  2  7 year.
  2  8    b.  Unless an exception is authorized in accordance with
  2  9 paragraph "c", if an employee of an executive branch
  2 10 department or agency voluntarily retires during the fiscal
  2 11 year, the department or agency shall transfer to the workforce
  2 12 attrition fund the remaining amount of general fund salary and
  2 13 benefits, after payment for vacation or sick leave benefits,
  2 14 that would have been expended had the retired employee
  2 15 remained on the payroll for the balance of the fiscal year.
  2 16 In lieu of reporting in accordance with section 8.39, the
  2 17 department of management shall report monthly to the
  2 18 legislative fiscal committee and the legislative fiscal bureau
  2 19 concerning the transfers made to the workforce attrition fund.
  2 20    c.  The department or agency table of organization shall be
  2 21 revised to reflect the elimination of an equivalent number of
  2 22 positions as retire in the department or agency during the
  2 23 fiscal year.  However, if the department determines that
  2 24 eliminating a full-time equivalent position would severely
  2 25 impact the department's or agency's mission or services, the
  2 26 department or agency may appeal to the department of
  2 27 management for an exception.  If the department of management
  2 28 concurs with the department's or agency's determination, the
  2 29 exception shall be granted, the transfer to the workforce
  2 30 attrition fund shall not be made, and the table of
  2 31 organization shall not be revised.
  2 32    3.  Moneys transferred to the workforce attrition fund are
  2 33 not subject to further transfer under section 8.39 or any
  2 34 other provision of law and shall not be encumbered or
  2 35 obligated unless appropriated.  The moneys in the workforce
  3  1 attrition fund at the close of the fiscal year beginning July
  3  2 1, 2001, shall be transferred to the general fund of the state
  3  3 and the program and fund shall be eliminated.
  3  4    Sec. 3.  Section 12.72, subsection 4, Code 2001, is amended
  3  5 by striking the subsection and inserting in lieu thereof the
  3  6 following:
  3  7    4.  a.  The treasurer of state may create and establish one
  3  8 or more special funds, to be known as "bond reserve funds", to
  3  9 secure one or more issues of bonds or notes issued pursuant to
  3 10 section 12.71.  The treasurer of state shall pay into each
  3 11 bond reserve fund any moneys appropriated and made available
  3 12 by the state or the treasurer for the purpose of the fund, any
  3 13 proceeds of sale of notes or bonds to the extent provided in
  3 14 the resolutions authorizing their issuance, and any other
  3 15 moneys which may be available to the treasurer for the purpose
  3 16 of the fund from any other sources.  All moneys held in a bond
  3 17 reserve fund, except as otherwise provided in this chapter,
  3 18 shall be used as required solely for the payment of the
  3 19 principal of bonds secured in whole or in part by the fund or
  3 20 of the sinking fund payments with respect to the bonds, the
  3 21 purchase or redemption of the bonds, the payment of interest
  3 22 on the bonds, or the payments of any redemption premium
  3 23 required to be paid when the bonds are redeemed prior to
  3 24 maturity.
  3 25    b.  Moneys in a bond reserve fund shall not be withdrawn
  3 26 from it at any time in an amount that will reduce the amount
  3 27 of the fund to less than the bond reserve fund requirement
  3 28 established for the fund, as provided in this subsection,
  3 29 except for the purpose of making, with respect to bonds
  3 30 secured in whole or in part by the fund, payment when due of
  3 31 principal, interest, redemption premiums, and the sinking fund
  3 32 payments with respect to the bonds for the payment of which
  3 33 other moneys of the treasurer are not available.  Any income
  3 34 or interest earned by, or incremental to, a bond reserve fund
  3 35 due to the investment of it may be transferred by the
  4  1 treasurer to other funds or accounts to the extent the
  4  2 transfer does not reduce the amount of that bond reserve fund
  4  3 below the bond reserve fund requirement for it.
  4  4    c.  The treasurer of state shall not at any time issue
  4  5 bonds, secured in whole or in part by a bond reserve fund if,
  4  6 upon the issuance of the bonds, the amount in the bond reserve
  4  7 fund will be less than the bond reserve fund requirement for
  4  8 the fund, unless the treasurer at the time of issuance of the
  4  9 bonds deposits in the fund from the proceeds of the bonds
  4 10 issued or from other sources an amount which, together with
  4 11 the amount then in the fund will not be less than the bond
  4 12 reserve fund requirement for the fund.  For the purposes of
  4 13 this subsection, the term "bond reserve fund requirement"
  4 14 means, as of any particular date of computation, an amount of
  4 15 money, as provided in the resolutions authorizing the bonds
  4 16 with respect to which the fund is established.
  4 17    d.  To assure the continued solvency of any bonds secured
  4 18 by the bond reserve fund, provision is made in paragraph "a"
  4 19 for the accumulation in each bond reserve fund of an amount
  4 20 equal to the bond reserve fund requirement for the fund.  In
  4 21 order further to assure maintenance of the bond reserve funds,
  4 22 the treasurer shall, on or before January 1 of each calendar
  4 23 year, make and deliver to the governor the treasurer's
  4 24 certificate stating the sum, if any, required to restore each
  4 25 bond reserve fund to the bond reserve fund requirement for
  4 26 that fund.  Within thirty days after the beginning of the
  4 27 session of the general assembly next following the delivery of
  4 28 the certificate, the governor shall submit to both houses
  4 29 printed copies of a budget including the sum, if any, required
  4 30 to restore each bond reserve fund to the bond reserve fund
  4 31 requirement for that fund.  Any sums appropriated by the
  4 32 general assembly and paid to the treasurer pursuant to this
  4 33 subsection shall be deposited by the authority in the
  4 34 applicable bond reserve fund.
  4 35    Sec. 4.  Section 12.82, subsection 4, Code 2001, is amended
  5  1 by striking the subsection and inserting in lieu thereof the
  5  2 following:
  5  3    4.  a.  The treasurer of state may create and establish one
  5  4 or more special funds, to be known as "bond reserve funds", to
  5  5 secure one or more issues of bonds or notes issued pursuant to
  5  6 section 12.81.  The treasurer of state shall pay into each
  5  7 bond reserve fund any moneys appropriated and made available
  5  8 by the state or the treasurer for the purpose of the fund, any
  5  9 proceeds of sale of notes or bonds to the extent provided in
  5 10 the resolutions authorizing their issuance, and any other
  5 11 moneys which may be available to the treasurer for the purpose
  5 12 of the fund from any other sources.  All moneys held in a bond
  5 13 reserve fund, except as otherwise provided in this chapter,
  5 14 shall be used as required solely for the payment of the
  5 15 principal of bonds secured in whole or in part by the fund or
  5 16 of the sinking fund payments with respect to the bonds, the
  5 17 purchase or redemption of the bonds, the payment of interest
  5 18 on the bonds, or the payments of any redemption premium
  5 19 required to be paid when the bonds are redeemed prior to
  5 20 maturity.
  5 21    b.  Moneys in a bond reserve fund shall not be withdrawn
  5 22 from it at any time in an amount that will reduce the amount
  5 23 of the fund to less than the bond reserve fund requirement
  5 24 established for the fund, as provided in this subsection,
  5 25 except for the purpose of making, with respect to bonds
  5 26 secured in whole or in part by the fund, payment when due of
  5 27 principal, interest, redemption premiums, and the sinking fund
  5 28 payments with respect to the bonds for the payment of which
  5 29 other moneys of the treasurer are not available.  Any income
  5 30 or interest earned by, or incremental to, a bond reserve fund
  5 31 due to the investment of it may be transferred by the
  5 32 treasurer to other funds or accounts to the extent the
  5 33 transfer does not reduce the amount of that bond reserve fund
  5 34 below the bond reserve fund requirement for it.
  5 35    c.  The treasurer of state shall not at any time issue
  6  1 bonds, secured in whole or in part by a bond reserve fund if,
  6  2 upon the issuance of the bonds, the amount in the bond reserve
  6  3 fund will be less than the bond reserve fund requirement for
  6  4 the fund, unless the treasurer at the time of issuance of the
  6  5 bonds deposits in the fund from the proceeds of the bonds
  6  6 issued or from other sources an amount which, together with
  6  7 the amount then in the fund will not be less than the bond
  6  8 reserve fund requirement for the fund.  For the purposes of
  6  9 this subsection, the term "bond reserve fund requirement"
  6 10 means, as of any particular date of computation, an amount of
  6 11 money, as provided in the resolutions authorizing the bonds
  6 12 with respect to which the fund is established.
  6 13    d.  To assure the continued solvency of any bonds secured
  6 14 by the bond reserve fund, provision is made in paragraph "a"
  6 15 for the accumulation in each bond reserve fund of an amount
  6 16 equal to the bond reserve fund requirement for the fund.  In
  6 17 order further to assure maintenance of the bond reserve funds,
  6 18 the treasurer shall, on or before January 1 of each calendar
  6 19 year, make and deliver to the governor the treasurer's
  6 20 certificate stating the sum, if any, required to restore each
  6 21 bond reserve fund to the bond reserve fund requirement for
  6 22 that fund.  Within thirty days after the beginning of the
  6 23 session of the general assembly next following the delivery of
  6 24 the certificate, the governor shall submit to both houses
  6 25 printed copies of a budget including the sum, if any, required
  6 26 to restore each bond reserve fund to the bond reserve fund
  6 27 requirement for that fund.  Any sums appropriated by the
  6 28 general assembly and paid to the treasurer pursuant to this
  6 29 subsection shall be deposited by the authority in the
  6 30 applicable bond reserve fund.
  6 31    Sec. 5.  1998 Iowa Acts, chapter 1219, section 6,
  6 32 subsection 6, is amended by adding the following new
  6 33 paragraphs:
  6 34    NEW PARAGRAPH.  a.  The department of general services is
  6 35 authorized pursuant to section 18.12, subsection 12, to
  7  1 dispose of the real property located at the northwest corner
  7  2 of the intersection of Grand and Pennsylvania avenues on which
  7  3 the parking structure is to be located and any structures
  7  4 located on such real property.  The department may enter into
  7  5 an agreement under chapter 28E with public and private
  7  6 agencies for purposes of the planning, design, construction,
  7  7 ownership, operation, or maintenance of the parking structure.
  7  8 In conjunction with the chapter 28E agreement, the department
  7  9 is authorized to enter into a long-term lease agreement for
  7 10 office space located on property adjacent to the property on
  7 11 which the parking structure is to be located.
  7 12    NEW PARAGRAPH.  b.  The department may obligate and use
  7 13 moneys appropriated in this subsection as consideration to
  7 14 acquire on behalf of the state an interest in the completed
  7 15 parking structure and real property on which the parking
  7 16 structure is located pursuant to the terms of the chapter 28E
  7 17 agreement described in paragraph "a".  Notwithstanding
  7 18 anything to the contrary in section 18.12, subsection 12,
  7 19 moneys expended from the appropriation in this subsection that
  7 20 are reimbursed to the department by a party to the chapter 28E
  7 21 agreement shall be credited to the appropriation in this
  7 22 subsection and shall be used to acquire an interest on behalf
  7 23 of the state in the completed parking structure and real
  7 24 property as described in this paragraph.
  7 25    NEW PARAGRAPH.  c.  Notwithstanding section 8.33 or any
  7 26 provision of this section to the contrary, unencumbered or
  7 27 unobligated funds remaining on June 30, 2003, from the funds
  7 28 appropriated in this subsection, shall revert to the rebuild
  7 29 Iowa infrastructure fund on August 31, 2003.
  7 30    Sec. 6.  1999 Iowa Acts, chapter 204, section 4, subsection
  7 31 6, is amended by adding the following new paragraphs after the
  7 32 last unnumbered paragraph:
  7 33    NEW PARAGRAPH.  a.  The department of general services is
  7 34 authorized pursuant to section 18.12, subsection 12, to
  7 35 dispose of the real property located at the northwest corner
  8  1 of the intersection of Grand and Pennsylvania avenues on which
  8  2 the parking structure is to be located and any structures
  8  3 located on such real property.  The department may enter into
  8  4 an agreement under chapter 28E with public and private
  8  5 agencies for purposes of the planning, design, construction,
  8  6 ownership, operation, or maintenance of the parking structure.
  8  7 In conjunction with the chapter 28E agreement, the department
  8  8 is authorized to enter into a long-term lease agreement for
  8  9 office space located on property adjacent to the property on
  8 10 which the parking structure is to be located.
  8 11    NEW PARAGRAPH.  b.  The department may obligate and use
  8 12 moneys appropriated in this subsection as consideration to
  8 13 acquire on behalf of the state an interest in the completed
  8 14 parking structure and real property on which the parking
  8 15 structure is located pursuant to the terms of the chapter 28E
  8 16 agreement described in paragraph "a".  Notwithstanding
  8 17 anything to the contrary in section 18.12, subsection 12,
  8 18 moneys expended from the appropriation in this subsection that
  8 19 are reimbursed to the department by a party to the chapter 28E
  8 20 agreement shall be credited to the appropriation in this
  8 21 subsection and shall be used to acquire an interest on behalf
  8 22 of the state in the completed parking structure and real
  8 23 property as described in this paragraph.
  8 24    NEW PARAGRAPH.  c.  Notwithstanding section 8.33, or any
  8 25 provision of this Act to the contrary, unencumbered or
  8 26 unobligated funds remaining on June 30, 2003, from the funds
  8 27 appropriated in this subsection, shall revert to the rebuild
  8 28 Iowa infrastructure fund on August 31, 2003.
  8 29    Sec. 7.  EFFECTIVE AND APPLICABILITY DATES.  This Act,
  8 30 being deemed of immediate importance, takes effect upon
  8 31 enactment and, if approved by the governor after July 1, 2001,
  8 32 shall apply retroactively to July 1, 2001.  
  8 33 
  8 34 
  8 35                                                             
  9  1                               BRENT SIEGRIST
  9  2                               Speaker of the House
  9  3 
  9  4 
  9  5                                                             
  9  6                               MARY E. KRAMER
  9  7                               President of the Senate
  9  8 
  9  9    I hereby certify that this bill originated in the House and
  9 10 is known as House File 698, Seventy-ninth General Assembly.
  9 11 
  9 12 
  9 13                                                             
  9 14                               MARGARET THOMSON
  9 15                               Chief Clerk of the House
  9 16 Approved                , 2001
  9 17 
  9 18 
  9 19                            
  9 20 THOMAS J. VILSACK
  9 21 Governor
     

Text: HF00697                           Text: HF00699
Text: HF00600 - HF00699                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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