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House File 742

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 742     
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO AND MAKING APPROPRIATIONS TO STATE DEPARTMENTS AND
  1  5    AGENCIES, INCLUDING THE DEPARTMENT OF CORRECTIONS, THE
  1  6    DEPARTMENT OF CULTURAL AFFAIRS, THE DEPARTMENT OF ECONOMIC
  1  7    DEVELOPMENT, THE DEPARTMENT OF GENERAL SERVICES, THE IOWA
  1  8    STATE FAIR FOUNDATION, THE LEGISLATIVE COUNCIL, THE DEPARTMENT
  1  9    OF NATURAL RESOURCES, THE DEPARTMENT OF PUBLIC DEFENSE, THE
  1 10    DEPARTMENT OF PUBLIC SAFETY, THE STATE BOARD OF REGENTS, THE
  1 11    STATE DEPARTMENT OF TRANSPORTATION, THE OFFICE OF TREASURER OF
  1 12    STATE, AND THE DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP,
  1 13    AND TO THE IOWA RESOURCES ENHANCEMENT AND PROTECTION FUND,
  1 14    MAKING RELATED STATUTORY CHANGES, PROVIDING FOR ALTERNATIVE
  1 15    AND CONTINGENT APPROPRIATIONS, AND PROVIDING EFFECTIVE DATES.
  1 16 
  1 17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 18 
  1 19                           DIVISION I
  1 20                REBUILD IOWA INFRASTRUCTURE FUND
  1 21                    DEPARTMENT OF CORRECTIONS
  1 22    Section 1.  There is appropriated from the rebuild Iowa
  1 23 infrastructure fund to the department of corrections for the
  1 24 fiscal year beginning July 1, 2002, and ending June 30, 2003,
  1 25 the following amount, or so much thereof as is necessary, to
  1 26 be used for the purpose designated:
  1 27    To supplement funds appropriated in 1998 Iowa Acts, chapter
  1 28 1219, section 2, subsection 3, for construction of a 200-bed
  1 29 facility at the Iowa state penitentiary at Fort Madison:  
  1 30 .................................................. $  2,000,000
  1 31    Sec. 2.  2000 Iowa Acts, chapter 1225, section 2,
  1 32 unnumbered paragraph 2, is amended to read as follows:
  1 33    The first $300,000 of the amount appropriated in this
  1 34 subsection shall be allocated for community-based corrections
  1 35 projects in Council Bluffs.  The next $600,000 of the amount
  2  1 appropriated in this subsection shall be allocated for
  2  2 community-based corrections projects in the judicial district
  2  3 in which the city of Davenport is located.  These moneys may
  2  4 be used by the department to enter into lease-purchasing
  2  5 agreements or the payment of rent for such projects.
  2  6    Sec. 3.  1999 Iowa Acts, chapter 204, section 1, subsection
  2  7 1, is amended to read as follows:
  2  8    1.  For purchase and planning, design, and construction of
  2  9 a 170-bed facility at the Iowa medical and classification
  2 10 center at Oakdale:  
  2 11 FY 1999-2000 ..................................... $  3,750,000
  2 12 .................................................. $  1,050,000
  2 13 FY 2000-2001 ..................................... $  2,500,000
  2 14                                                               0
  2 15                 DEPARTMENT OF CULTURAL AFFAIRS
  2 16    Sec. 4.  There is appropriated from the rebuild Iowa
  2 17 infrastructure fund to the department of cultural affairs for
  2 18 the fiscal year beginning July 1, 2001, and ending June 30,
  2 19 2002, the following amounts, or so much thereof as is
  2 20 necessary, to be used for the purposes designated:
  2 21    1.  For historical site preservation grants, to be used for
  2 22 the restoration, preservation, and development of historical
  2 23 sites:  
  2 24 .................................................. $  1,000,000
  2 25    Historical site preservation grants shall only be awarded
  2 26 for projects which meet the definition of "vertical
  2 27 infrastructure" in section 8.57, subsection 5, paragraph "c".
  2 28    In making grants pursuant to this subsection, the
  2 29 department shall consider the existence and amount of other
  2 30 funds available to an applicant for the designated project.
  2 31 Each grant awarded from moneys appropriated in this subsection
  2 32 shall not exceed $100,000 per project.  Not more than two
  2 33 grants may be awarded in each county.
  2 34    2.  For continuation of the project recommended by the Iowa
  2 35 battle flag advisory committee to stabilize the condition of
  3  1 the battle flag collection, notwithstanding section 8.57,
  3  2 subsection 5, paragraph "c":  
  3  3 .................................................. $    150,000
  3  4                     DEPARTMENT OF EDUCATION
  3  5    Sec. 5.  There is appropriated from the rebuild Iowa
  3  6 infrastructure fund to the department of education for the
  3  7 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  3  8 the following amount, to be used for the purpose designated:
  3  9    To provide resources for structural and technological
  3 10 improvements to local libraries, notwithstanding section 8.57,
  3 11 subsection 5, paragraph "c":  
  3 12 .................................................. $    500,000
  3 13                 DEPARTMENT OF GENERAL SERVICES
  3 14    Sec. 6.  There is appropriated from the rebuild Iowa
  3 15 infrastructure fund to the department of general services for
  3 16 the fiscal year beginning July 1, 2001, and ending June 30,
  3 17 2002, the following amounts, or so much thereof as is
  3 18 necessary, to be used for the purposes designated:
  3 19    1.  For relocation expenses associated with remodeling
  3 20 projects on the capitol complex, notwithstanding section 8.57,
  3 21 subsection 5, paragraph "c":  
  3 22 .................................................. $  1,000,000
  3 23    2.  For routine maintenance of state buildings and
  3 24 facilities under the purview of the department,
  3 25 notwithstanding section 8.57, subsection 5, paragraph "c":  
  3 26 .................................................. $  2,000,000
  3 27    The department shall quarterly file a report with the
  3 28 legislative fiscal bureau detailing the use and disposition of
  3 29 funds appropriated in this subsection.
  3 30    Sec. 7.  There is appropriated from the rebuild Iowa
  3 31 infrastructure fund to the department of general services for
  3 32 the fiscal years designated, the following amounts, or so much
  3 33 thereof as is necessary, to be used for the purposes
  3 34 designated:
  3 35    1.  For the construction of a pedestrian bridge across
  4  1 Court avenue to provide pedestrian access across the capitol
  4  2 complex:  
  4  3 FY 2001-2002 ..................................... $          0
  4  4 FY 2002-2003 ..................................... $    650,000
  4  5    2.  For capitol interior restoration:  
  4  6 FY 2001-2002 ..................................... $          0
  4  7 FY 2002-2003 ..................................... $  2,700,000
  4  8    Sec. 8.  1996 Iowa Acts, chapter 1218, section 13,
  4  9 subsection 2, paragraph d, subparagraph (2), is amended to
  4 10 read as follows:
  4 11    (2)  For the fiscal year beginning July 1, 1997, and ending
  4 12 June 30, 1998:  
  4 13 .................................................. $    400,000
  4 14                                                         185,000
  4 15                       LEGISLATIVE COUNCIL
  4 16    Sec. 9.  1999 Iowa Acts, chapter 204, section 14, is
  4 17 amended by adding the following new unnumbered paragraph:
  4 18    NEW UNNUMBERED PARAGRAPH.  Notwithstanding anything to the
  4 19 contrary in this section of this Act or section 8.33, the
  4 20 moneys appropriated in section 7 of this Act shall remain
  4 21 available for the purposes designated until June 30, 2006.  
  4 22                  DEPARTMENT OF PUBLIC DEFENSE
  4 23    Sec. 10.  There is appropriated from the rebuild Iowa
  4 24 infrastructure fund to the department of public defense for
  4 25 the fiscal years designated, the following amounts, or so much
  4 26 thereof as is necessary, to be used for the purposes
  4 27 designated:  
  4 28    For construction of a new national guard armory at
  4 29 Estherville:  
  4 30 FY 2001-2002 ..................................... $          0
  4 31 FY 2002-2003 ..................................... $    400,000
  4 32 FY 2003-2004 ..................................... $    461,000
  4 33                     STATE BOARD OF REGENTS
  4 34    Sec. 11.  There is appropriated from the rebuild Iowa
  4 35 infrastructure fund to the state board of regents for the
  5  1 fiscal period beginning July 1, 2001, and ending June 30,
  5  2 2004, the following amounts, or so much thereof as is
  5  3 necessary, to be used for the purposes designated:
  5  4    1.  For construction of a new business college building at
  5  5 Iowa state university of science and technology:  
  5  6 FY 2001-2002 ..................................... $          0
  5  7 FY 2002-2003 ..................................... $  6,700,000
  5  8 FY 2003-2004 ..................................... $          0
  5  9    2.  For phase I of construction of the art building at the
  5 10 state university of Iowa:  
  5 11 FY 2001-2002 ..................................... $          0
  5 12 FY 2002-2003 ..................................... $  7,910,000
  5 13 FY 2003-2004 ..................................... $  3,653,000
  5 14    3.  For upgrading the steam distribution system at the
  5 15 university of northern Iowa:  
  5 16 FY 2001-2002 ..................................... $          0
  5 17 FY 2002-2003 ..................................... $  4,320,000
  5 18 FY 2003-2004 ..................................... $  4,390,000
  5 19    The state board of regents is authorized to enter into
  5 20 contracts for the full cost of carrying out the projects
  5 21 listed in subsections 1 through 3, for which appropriations
  5 22 are made in those subsections.  The state shall not be
  5 23 obligated for costs associated with contracts identified in
  5 24 this paragraph in excess of the funds appropriated by the
  5 25 general assembly.
  5 26    Sec. 12.  REVERSION.  Notwithstanding section 8.33, moneys
  5 27 appropriated in this division of this Act shall not revert at
  5 28 the close of the fiscal year for which they were appropriated
  5 29 but shall remain available for the purposes designated until
  5 30 the close of the fiscal year that begins July 1, 2004, or
  5 31 until the project for which the appropriation was made is
  5 32 completed, whichever is earlier.
  5 33    Sec. 13.  EFFECTIVE DATE.  Sections 3, 8, and 9 of this
  5 34 division of this Act, amending 1999 Iowa Acts, chapter 204,
  5 35 section 1; 1996 Iowa Acts, chapter 1218, section 13,
  6  1 subsection 2, paragraph "d", subparagraph (2); and 1999 Iowa
  6  2 Acts, chapter 204, section 14, respectively, being deemed of
  6  3 immediate importance, take effect upon enactment.  
  6  4                           DIVISION II
  6  5                     ENVIRONMENT FIRST FUND
  6  6         DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
  6  7    Sec. 14.  There is appropriated from the environment first
  6  8 fund to the department of agriculture and land stewardship for
  6  9 the fiscal year beginning July 1, 2001, and ending June 30,
  6 10 2002, the following amounts, or so much thereof as is
  6 11 necessary, to be used for the purposes designated:
  6 12    1.  For the conservation reserve enhancement program to
  6 13 restore and construct wetlands for the purposes of
  6 14 intercepting tile line runoff, reducing nutrient loss,
  6 15 improving water quality, and enhancing agricultural production
  6 16 practices:  
  6 17 .................................................. $  1,500,000
  6 18    2.  For continuation of a program that provides multi-
  6 19 objective resource protections for flood control, water
  6 20 quality, erosion control, and natural resource conservation:  
  6 21 .................................................. $  2,700,000
  6 22    3.  For continuation of a statewide voluntary farm
  6 23 management demonstration program to demonstrate the
  6 24 effectiveness and adaptability of emerging practices in
  6 25 agronomy that protect water resources and provide other
  6 26 environmental benefits:  
  6 27 .................................................. $    850,000
  6 28    4.  For deposit in the alternative drainage system
  6 29 assistance fund created in section 159.29A to be used for
  6 30 purposes of supporting the alternative drainage system
  6 31 assistance program as provided in section 159.29B:  
  6 32 .................................................. $  1,000,000
  6 33    Of the amount appropriated in this subsection, $300,000
  6 34 shall be allocated to drainage district 176 to provide cost-
  6 35 share assistance for closing agricultural drainage wells and
  7  1 constructing alternative drainage systems in order to assist
  7  2 in raising the level of cost-share payments to 75 percent of
  7  3 the cost of the projects.
  7  4    5.  To provide financial assistance for the establishment
  7  5 of permanent soil and water conservation practices:  
  7  6 .................................................. $  7,500,000
  7  7    a.  Not more than 5 percent of the moneys appropriated in
  7  8 this subsection may be allocated for cost-sharing to abate
  7  9 complaints filed under section 161A.47.
  7 10    b.  Of the moneys appropriated in this subsection, 5
  7 11 percent shall be allocated for financial incentives to
  7 12 establish practices to protect watersheds above publicly owned
  7 13 lakes of the state from soil erosion and sediment as provided
  7 14 in section 161A.73.
  7 15    c.  Not more than 30 percent of a district's allocation of
  7 16 moneys as financial incentives may be provided for the purpose
  7 17 of establishing management practices to control soil erosion
  7 18 on land that is row-cropped, including but not limited to no-
  7 19 till planting, ridge-till planting, contouring, and contour
  7 20 strip-cropping as provided in section 161A.73.
  7 21    d.  The state soil conservation committee created in
  7 22 section 161A.4 may allocate moneys appropriated in this
  7 23 subsection to conduct research and demonstration projects to
  7 24 promote conservation tillage and nonpoint source pollution
  7 25 control practices.
  7 26    e.  The financial incentive payments may be used in
  7 27 combination with department of natural resources moneys.
  7 28    6.  To encourage and assist farmers in enrolling in the
  7 29 continuous sign-up federal conservation reserve program and
  7 30 work with them to enhance their revegetation efforts to
  7 31 improve water quality and habitat:  
  7 32 .................................................. $  1,500,000
  7 33    7.  For deposit in the loess hills development and
  7 34 conservation fund created in section 161D.2:  
  7 35 .................................................. $    750,000
  8  1    Of the amount appropriated to the loess hills development
  8  2 and conservation fund in this subsection, $500,000 shall be
  8  3 allocated to the hungry canyons account and $250,000 shall be
  8  4 allocated to the loess hills alliance account.
  8  5    8.  For allocation to the southern Iowa conservation and
  8  6 development authority for protection of road structures:  
  8  7 .................................................. $    250,000
  8  8               DEPARTMENT OF ECONOMIC DEVELOPMENT
  8  9    Sec. 15.  There is appropriated from the environment first
  8 10 fund to the department of economic development for the fiscal
  8 11 year beginning July 1, 2001, and ending June 30, 2002, the
  8 12 following amount, or so much thereof as is necessary, to be
  8 13 used for the purpose designated:
  8 14    For deposit in the brownfield redevelopment fund created in
  8 15 section 15.293 to provide assistance under the brownfield
  8 16 redevelopment program:  
  8 17 .................................................. $  2,000,000
  8 18                 DEPARTMENT OF NATURAL RESOURCES
  8 19    Sec. 16.  There is appropriated from the environment first
  8 20 fund to the department of natural resources for the fiscal
  8 21 year beginning July 1, 2001, and ending June 30, 2002, the
  8 22 following amounts, or so much thereof as is necessary, to be
  8 23 used for the purposes designated:
  8 24    1.  To provide local watershed managers with geographic
  8 25 information system data for their use in developing,
  8 26 monitoring, and displaying results of their watershed work:  
  8 27 .................................................. $    195,000
  8 28    2.  For statewide coordination of volunteer efforts under
  8 29 the water quality and keepers of the land programs:  
  8 30 .................................................. $     70,000
  8 31    3.  For continuing the establishment and operation of water
  8 32 quality monitoring stations:  
  8 33 .................................................. $  2,500,000
  8 34    4.  For contracting to assist department staff with the
  8 35 review of national pollutant discharge elimination system
  9  1 permits:  
  9  2 .................................................. $    180,000
  9  3    5.  For additional efforts to reduce the department's
  9  4 floodplain permit backlog:  
  9  5 .................................................. $    180,000
  9  6    6.  For continuation of the waste tire abatement program:  
  9  7 .................................................. $    500,000
  9  8    7.  To complete natural resource inventories and protection
  9  9 plans to identify and safeguard unique landforms and
  9 10 ecosystems:  
  9 11 .................................................. $    125,000
  9 12    8.  For a community-based grant distribution program to
  9 13 provide funding for the planting of trees throughout the
  9 14 state:  
  9 15 .................................................. $    250,000
  9 16    9.  For the dredging of lakes, including necessary
  9 17 preparation for dredging, in accordance with the department's
  9 18 classification of Iowa lakes restoration report:  
  9 19 .................................................. $    500,000
  9 20    10.  For purposes of funding capital projects for the
  9 21 purposes specified in section 452A.79, and for expenditures
  9 22 for the local cost share grants to be used for capital
  9 23 expenditures to local governmental units for boating
  9 24 accessibility:  
  9 25 .................................................. $  2,300,000
  9 26    If the amount appropriated in this subsection exceeds the
  9 27 amount of marine fuel tax receipts deposited into the rebuild
  9 28 Iowa infrastructure fund for the fiscal year ending June 30,
  9 29 2002, the difference between the amount appropriated in this
  9 30 subsection from the environment first fund and the actual
  9 31 marine fuel tax receipts deposited into the rebuild Iowa
  9 32 infrastructure fund is appropriated to the rebuild Iowa
  9 33 infrastructure fund from the accumulated balance of marine
  9 34 fuel tax receipts in the general fund of the state which is
  9 35 tracked by the department of management pursuant to section
 10  1 8.60, subsection 14.
 10  2    11.  For a contribution toward the development of the Lewis
 10  3 and Clark rural water system:  
 10  4 .................................................. $     60,000
 10  5               STATE DEPARTMENT OF TRANSPORTATION
 10  6    Sec. 17.  There is appropriated from the environment first
 10  7 fund to the state department of transportation for the fiscal
 10  8 year beginning July 1, 2001, and ending June 30, 2002, the
 10  9 following amount, or so much thereof as is necessary, to be
 10 10 used for the purpose designated:
 10 11    For a grant to the Grundy county conservation board for a
 10 12 borrow pit recreational area project:  
 10 13 .................................................. $     90,000
 10 14    The grant made pursuant to this section shall be awarded on
 10 15 a matching basis of one dollar for every two dollars the
 10 16 Grundy county conservation board has raised.  The moneys
 10 17 appropriated in this section shall not be used for
 10 18 administrative costs.
 10 19    Sec. 18.  2000 Iowa Acts, chapter 1225, is amended by
 10 20 adding the following new section after section 28:
 10 21    NEW SECTION.  SEC. 28A.  REVERSION.  Notwithstanding
 10 22 section 8.33, moneys appropriated in sections 25 through 27 of
 10 23 this division of this Act shall not revert at the close of the
 10 24 fiscal year for which they were appropriated but shall remain
 10 25 available for the purposes designated until the close of the
 10 26 fiscal year beginning July 1, 2003, or until the project for
 10 27 which the appropriation was made is completed, whichever is
 10 28 earlier.  
 10 29            RESOURCES ENHANCEMENT AND PROTECTION FUND
 10 30    Sec. 19.  Notwithstanding the amount of the standing
 10 31 appropriation from the general fund of the state under section
 10 32 455A.18, subsection 3, there is appropriated from the
 10 33 environment first fund to the Iowa resources enhancement and
 10 34 protection fund, in lieu of the appropriation made in section
 10 35 455A.18, for the fiscal year beginning July 1, 2001, and
 11  1 ending June 30, 2002, the following amount, to be allocated as
 11  2 provided in section 455A.19:  
 11  3 .................................................. $ 10,000,000
 11  4    Sec. 20.  REVERSION.
 11  5    1.  Except as provided in subsection 2, and notwithstanding
 11  6 section 8.33, moneys appropriated in this division of this Act
 11  7 shall not revert at the close of the fiscal year for which
 11  8 they were appropriated but shall remain available for the
 11  9 purposes designated until the close of the fiscal year
 11 10 beginning July 1, 2002, or until the project for which the
 11 11 appropriation was made is completed, whichever is earlier.
 11 12    2.  Notwithstanding section 8.33, moneys appropriated to
 11 13 the department of agriculture and land stewardship to provide
 11 14 financial assistance for the establishment of permanent soil
 11 15 and water conservation practices as provided in section 14,
 11 16 that remain unencumbered or unobligated at the close of the
 11 17 fiscal year shall not revert but shall remain available for
 11 18 expenditure for the purposes designated until the close of the
 11 19 fiscal year that begins July 1, 2004.
 11 20    Sec. 21.  EFFECTIVE DATE.  Section 18 of this division of
 11 21 this Act, amending 2000 Iowa Acts, chapter 1225, being deemed
 11 22 of immediate importance, takes effect upon enactment.  
 11 23                          DIVISION III
 11 24                  TOBACCO SETTLEMENT TRUST FUND
 11 25    Sec. 22.  2000 Iowa Acts, chapter 1225, section 10, is
 11 26 amended by striking the section.
 11 27    Sec. 23.  2000 Iowa Acts, chapter 1225, section 15,
 11 28 subsections 1 through 3, are amended to read as follows:
 11 29    1.  For improvements to Gilman hall at Iowa state
 11 30 university of science and technology, including the
 11 31 replacement of the heating, ventilation, and air conditioning
 11 32 system, replacement of the fume hood exhaust system, and the
 11 33 construction of an addition to house mechanical equipment:  
 11 34 FY 2000-2001 ..................................... $  8,500,000
 11 35 FY 2001-2002 ..................................... $  2,500,000
 12  1                                                               0
 12  2 FY 2002-2003 ..................................... $          0
 12  3    2.  For continued renovation of the biological sciences
 12  4 facility at the state university of Iowa:  
 12  5 FY 2000-2001 ..................................... $  4,400,000
 12  6 FY 2001-2002 ..................................... $  7,300,000
 12  7                                                               0
 12  8 FY 2002-2003 ..................................... $  3,000,000
 12  9    3.  For construction of an addition to McCollum science
 12 10 hall at the university of northern Iowa:  
 12 11 FY 2000-2001 ..................................... $  2,700,000
 12 12 FY 2001-2002 ..................................... $  5,800,000
 12 13                                                               0
 12 14 FY 2002-2003 ..................................... $  8,400,000
 12 15    Sec. 24.  2000 Iowa Acts, chapter 1225, section 18,
 12 16 unnumbered paragraph 2, is amended to read as follows:
 12 17    For deposit in the community attraction and tourism fund:  
 12 18 FY 2001-2002 ..................................... $ 12,500,000
 12 19                                                               0
 12 20 FY 2002-2003 ..................................... $ 12,500,000
 12 21 FY 2003-2004 ..................................... $ 12,500,000
 12 22    Sec. 25.  There is appropriated from the tax-exempt bond
 12 23 proceeds restricted capital funds account of the tobacco
 12 24 settlement trust fund to the following departments and
 12 25 agencies for the fiscal year beginning July 1, 2001, and
 12 26 ending June 30, 2002, the following amounts, or so much
 12 27 thereof as is necessary, to be used for the purposes
 12 28 designated:
 12 29    1.  DEPARTMENT OF CORRECTIONS.
 12 30    a.  To supplement funds appropriated in 1998 Iowa Acts,
 12 31 chapter 1219, section 2, subsection 3, for construction of a
 12 32 200-bed facility at the Iowa state penitentiary at Fort
 12 33 Madison:  
 12 34 .................................................. $  6,400,000
 12 35    b.  For costs associated with connecting the correctional
 13  1 facility at Oakdale to the city of Coralville water system:  
 13  2 .................................................. $    100,000
 13  3    c.  For the final phase of the state's share of the
 13  4 construction costs associated with the Mitchellville waste
 13  5 water treatment plant:  
 13  6 .................................................. $    364,400
 13  7    d.  For costs of entering into a lease-purchase agreement
 13  8 to connect the electrical system supporting the special needs
 13  9 unit at Fort Madison:  
 13 10 .................................................. $    333,168
 13 11    2.  DEPARTMENT OF ECONOMIC DEVELOPMENT.
 13 12    For accelerated career education program capital projects
 13 13 at community colleges that are authorized under chapter 260G
 13 14 and that meet the definition of "vertical infrastructure" in
 13 15 section 8.57, subsection 5, paragraph "c":  
 13 16 .................................................. $  2,500,000
 13 17    The moneys appropriated in this subsection shall be
 13 18 allocated equally among the community colleges in the state.
 13 19 If any portion of the equal allocation to a community college
 13 20 is not obligated or encumbered by April 1, 2002, the
 13 21 unobligated and unencumbered portions shall be available for
 13 22 use by other community colleges.
 13 23    3.  DEPARTMENT OF GENERAL SERVICES.
 13 24    a.  For major renovation and major repair needs including
 13 25 health, life, and fire safety needs, and for compliance with
 13 26 the federal Americans With Disabilities Act, for state-owned
 13 27 buildings and facilities:  
 13 28 .................................................. $ 11,500,000
 13 29    (1)  Of the amount appropriated in this paragraph "a", up
 13 30 to $375,000 may be used for costs associated with project
 13 31 management services in the division of design and construction
 13 32 of the department, notwithstanding section 8.57, subsection 5,
 13 33 paragraph "c".
 13 34    (2)  Of the amount appropriated in this paragraph "a",
 13 35 $200,000 may be used for costs associated with the vertical
 14  1 infrastructure program, notwithstanding section 8.57,
 14  2 subsection 5, paragraph "c".
 14  3    b.  For the purchase of land and improvements to properties
 14  4 in the vicinity of the capitol complex:  
 14  5 .................................................. $    200,000
 14  6    Funds appropriated in this paragraph "b" may be expended to
 14  7 prepare purchased property for utilization by the state.
 14  8    c.  For the construction of a pedestrian bridge across
 14  9 Court avenue to provide pedestrian access across the capitol
 14 10 complex:  
 14 11 .................................................. $    400,000
 14 12    d.  For capitol interior restoration:  
 14 13 .................................................. $  1,700,000
 14 14    e.  For consideration for an option to purchase all or a
 14 15 portion of the following properties, notwithstanding section
 14 16 8.57, subsection 5, paragraph "c":  a 2.4-acre parcel located
 14 17 at the northwest corner of Pennsylvania avenue and Des Moines
 14 18 street, including a 26,319-square foot one-story masonry
 14 19 structure; a 0.17-acre site located at 1022 Des Moines street;
 14 20 a 2.2-acre site on the city block bounded by East Eleventh,
 14 21 East Twelfth, Des Moines, and Lyon streets, including an
 14 22 11,058-square foot building; and a 7.5-acre parcel consisting
 14 23 of two contiguous city blocks bounded by East Twelfth, East
 14 24 Fourteenth, Des Moines, and Lyon streets, including five
 14 25 buildings:  
 14 26 .................................................. $    500,000
 14 27    The consideration for the option to purchase shall be
 14 28 applied to the contract purchase price in the event the option
 14 29 to purchase any or all of the properties described in this
 14 30 paragraph "e" is exercised.  The option to purchase shall be
 14 31 for a period of at least one year beginning on or after July
 14 32 1, 2001, and shall be exercised only after a specific
 14 33 appropriation by the general assembly for the purchase of all
 14 34 or a portion of the properties described in this paragraph
 14 35 "e".
 15  1    f.  For an appraisal, environmental assessment, and
 15  2 feasibility study of the properties described in paragraph
 15  3 "e":  
 15  4 .................................................. $    250,000
 15  5    4.  IOWA STATE FAIR AUTHORITY.
 15  6    For vertical infrastructure projects on the state
 15  7 fairgrounds:  
 15  8 .................................................. $    500,000
 15  9    For purposes of this subsection, "vertical infrastructure"
 15 10 means the same as defined in section 8.57, subsection 5,
 15 11 paragraph "c".
 15 12    5.  JUDICIAL BRANCH.
 15 13    For construction of a new judicial building:  
 15 14 ................................................. $ 10,300,000
 15 15    The judicial branch is authorized to enter into contracts
 15 16 for the full cost of the planning, design, and construction of
 15 17 a new judicial building for which appropriations are made in
 15 18 this subsection and in 1998 Iowa Acts, chapter 1223, section
 15 19 8, and 1999 Iowa Acts, chapter 204, section 6.  The state
 15 20 shall not be obligated for costs associated with contracts
 15 21 identified in this paragraph in excess of funds appropriated
 15 22 by the general assembly.  Notwithstanding any provision of
 15 23 this Act to the contrary or section 8.33, moneys appropriated
 15 24 in this subsection that remain unencumbered or unobligated at
 15 25 the close of the fiscal year that begins July 1, 2004, shall
 15 26 revert at the close of that fiscal year.  However, if the
 15 27 project for which the moneys are appropriated is completed in
 15 28 an earlier fiscal year, unencumbered or unobligated moneys
 15 29 shall revert at the close of that fiscal year.
 15 30    6.  DEPARTMENT OF NATURAL RESOURCES.
 15 31    a.  For continuation of the restore the outdoors program:  
 15 32 .................................................. $  2,500,000
 15 33    b.  For costs associated with the planning and design of a
 15 34 premier destination park, notwithstanding section 8.57,
 15 35 subsection 5, paragraph "c", as follows:  
 16  1 .................................................. $  1,000,000
 16  2    7.  DEPARTMENT OF PUBLIC DEFENSE.
 16  3    a.  For maintenance and repair of national guard armories
 16  4 and facilities:  
 16  5 .................................................. $    700,000
 16  6    b.  For construction of a new national guard armory at
 16  7 Estherville:  
 16  8 .................................................. $    400,000
 16  9    8.  DEPARTMENT OF PUBLIC SAFETY.
 16 10    For the location and purchase of land, a site survey, soil
 16 11 sampling, and site preparation for the construction of a new
 16 12 Iowa state patrol post in Mason City:  
 16 13 .................................................. $    250,000
 16 14    9.  STATE BOARD OF REGENTS.
 16 15    a.  For construction of a new business college building at
 16 16 Iowa state university of science and technology:  
 16 17 .................................................. $  4,200,000
 16 18    b.  For phase I of construction of the art building at the
 16 19 state university of Iowa:  
 16 20 .................................................. $  4,453,000
 16 21    c.  For upgrading the steam distribution system at the
 16 22 university of northern Iowa:  
 16 23 .................................................. $  3,990,000
 16 24    d.  For utility system replacement at the Iowa school for
 16 25 the deaf:  
 16 26 .................................................. $    250,000
 16 27    e.  For tuckpointing at the Iowa school for the deaf:  
 16 28 .................................................. $    185,000
 16 29    f.  For upgrading the heating, ventilation, and air
 16 30 conditioning system at the Iowa braille and sight saving
 16 31 school:  
 16 32 .................................................. $    400,000
 16 33    g.  For improvements to Gilman hall at Iowa state
 16 34 university of science and technology, including the
 16 35 replacement of the heating, ventilation, and air conditioning
 17  1 system, replacement of the fume hood exhaust system, and the
 17  2 construction of an addition to house mechanical equipment:  
 17  3 .................................................. $  2,500,000
 17  4    h.  For continued renovation of the biological sciences
 17  5 facility at the state university of Iowa:  
 17  6 .................................................. $  7,300,000
 17  7    i.  For construction of an addition to McCollum science
 17  8 hall at the university of northern Iowa:  
 17  9 .................................................. $  5,800,000
 17 10    The state board of regents is authorized to enter into
 17 11 contracts for the full cost of carrying out the projects
 17 12 listed in paragraphs "a" through "c" and "g" through "i", for
 17 13 which appropriations are made in those paragraphs.  The state
 17 14 shall not be obligated for costs associated with contracts
 17 15 identified in this paragraph in excess of the funds
 17 16 appropriated by the general assembly.
 17 17    10.  STATE DEPARTMENT OF TRANSPORTATION.
 17 18    a.  For vertical infrastructure improvements at all 10 of
 17 19 the commercial air service airports within the state:  
 17 20 .................................................. $  1,000,000
 17 21    One-half of the funds appropriated in this paragraph "a"
 17 22 shall be allocated equally between each commercial service
 17 23 airport, 40 percent of the funds shall be allocated based on
 17 24 the percentage that the number of enplaned passengers at each
 17 25 commercial service airport bears to the total number of
 17 26 enplaned passengers in the state during the previous fiscal
 17 27 year, and 10 percent of the funds shall be allocated based on
 17 28 the percentage that the air cargo tonnage at each commercial
 17 29 service airport bears to the total air cargo tonnage in the
 17 30 state during the previous fiscal year.  In order for a
 17 31 commercial service airport to receive funding under this
 17 32 paragraph "a", the airport shall be required to submit
 17 33 applications for funding of specific projects to the
 17 34 department for approval by the state transportation
 17 35 commission.
 18  1    b.  For an aviation hangar grant program for improvements
 18  2 to and design and construction of hangars at general aviation
 18  3 airports within the state:  
 18  4 .................................................. $    500,000
 18  5    c.  For acquiring, constructing, and improving recreational
 18  6 trails within the state:  
 18  7 .................................................. $  1,000,000
 18  8    Of the amount appropriated in this paragraph "c", $500,000
 18  9 shall be used for funding, on a matching basis, recreational
 18 10 trail projects, with priority given to completion of trail
 18 11 connections and sections between existing trails and parks
 18 12 within the established state recreational trails system.  Such
 18 13 projects shall be matched by $1 of private or other funds for
 18 14 each $3 of state funds.
 18 15    Of the amount appropriated in this paragraph "c", $50,000
 18 16 shall be allocated for planning and development of the Iowa
 18 17 portion of the Mississippi river trail.
 18 18    11.  OFFICE OF TREASURER OF STATE.
 18 19    a.  For county fair infrastructure improvements for
 18 20 distribution in accordance with chapter 174 to qualified fairs
 18 21 which belong to the association of Iowa fairs:  
 18 22 .................................................. $  1,060,000
 18 23    b.  For deposit in the community attraction and tourism
 18 24 fund:  
 18 25 .................................................. $ 12,500,000
 18 26    Payment of moneys from the appropriations in this section
 18 27 shall be made in a manner that does not adversely affect the
 18 28 tax-exempt status of any outstanding bonds issued by the
 18 29 tobacco settlement authority.
 18 30    Sec. 26.  CONTINGENT AND ALTERNATIVE APPROPRIATIONS –
 18 31 EFFECTIVE DATE.  The appropriations in section 25 of this
 18 32 division of this Act shall be made from the tax-exempt bond
 18 33 proceeds restricted capital funds account of the tobacco
 18 34 settlement trust fund on or after the effective date of the
 18 35 receipt of tax-exempt bond proceeds by the tobacco settlement
 19  1 authority and the deposit of the proceeds of the tax-exempt
 19  2 bonds in the tax-exempt bond proceeds restricted capital funds
 19  3 account of the tobacco settlement trust fund.  However, if any
 19  4 of the following occurs, the appropriations in section 25 of
 19  5 this division of this Act shall be made from the rebuild Iowa
 19  6 infrastructure fund to the extent they cannot be made from the
 19  7 tax-exempt bond proceeds restricted capital funds account of
 19  8 the tobacco settlement trust fund:
 19  9    1.  2001 Iowa Acts, Senate File 532 is not enacted.
 19 10    2.  2001 Iowa Acts, Senate File 532 is enacted, but the
 19 11 tobacco settlement authority established in chapter 12E does
 19 12 not securitize tobacco master settlement agreement payments
 19 13 sold to the authority pursuant to 2001 Iowa Acts, Senate File
 19 14 532 prior to June 30, 2002.
 19 15    3.  2001 Iowa Acts, Senate File 532 is enacted and the
 19 16 tobacco settlement authority securitizes tobacco master
 19 17 settlement agreement payments sold to the authority pursuant
 19 18 to 2001 Iowa Acts, Senate File 532, but the bond proceeds are
 19 19 not received by the tobacco settlement authority and deposited
 19 20 in the tax-exempt bond proceeds restricted capital funds
 19 21 account of the tobacco settlement trust fund on or before June
 19 22 30, 2002.
 19 23    4.  For any other reason, any of the amounts in section 25
 19 24 cannot be paid from the tax-exempt bond proceeds restricted
 19 25 capital funds account of the tobacco settlement trust fund.
 19 26    Sec. 27.  There is appropriated from the tax-exempt bond
 19 27 proceeds restricted capital funds account of the tobacco
 19 28 settlement trust fund to the following departments and
 19 29 agencies for the fiscal year beginning July 1, 2001, and
 19 30 ending June 30, 2002, the following amounts, or so much
 19 31 thereof as is necessary, to be used for the purposes
 19 32 designated:
 19 33    1.  IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION.
 19 34    For conversion of the Iowa communications network to
 19 35 asynchronous transfer mode technology, notwithstanding section
 20  1 8.57, subsection 5, paragraph "c", and section 12E.12,
 20  2 subsection 1, paragraph "b", subparagraph (1), as enacted by
 20  3 2001 Iowa Acts, Senate File 532, if enacted:  
 20  4 .................................................. $  3,500,000
 20  5    2.  DEPARTMENT OF EDUCATION.
 20  6    For allocation to the public broadcasting division for
 20  7 completion of the conversion to high-definition television,
 20  8 notwithstanding section 8.57, subsection 5, paragraph "c", and
 20  9 section 12E.12, subsection 1, paragraph "b", subparagraph (1),
 20 10 as enacted by 2001 Iowa Acts, Senate File 532, if enacted:  
 20 11 .................................................. $  2,400,000
 20 12    Payment of moneys from the appropriations in this section
 20 13 shall be made in a manner that does not adversely affect the
 20 14 tax-exempt status of any outstanding bonds issued by the
 20 15 tobacco settlement authority.
 20 16    Sec. 28.  There is appropriated from the tax-exempt bond
 20 17 proceeds restricted capital funds account of the tobacco
 20 18 settlement trust fund to the department of general services
 20 19 for the following fiscal years, the following amounts, or so
 20 20 much thereof as is necessary, to be used for the purposes
 20 21 designated:
 20 22    For the planning, design, and construction of a
 20 23 multipurpose laboratory facility:  
 20 24 FY 2001-2002 ..................................... $ 16,670,000
 20 25 FY 2002-2003 ..................................... $ 16,670,000
 20 26 FY 2003-2004 ..................................... $ 16,660,000
 20 27    The department is authorized to enter into contracts for
 20 28 the full cost of the project for which appropriations are made
 20 29 in this section.  The state shall not be obligated for costs
 20 30 associated with contracts identified in this paragraph in
 20 31 excess of the funds appropriated by the general assembly.
 20 32    Payment of moneys from the appropriations in this section
 20 33 shall be made in a manner that does not adversely affect the
 20 34 tax-exempt status of any outstanding bonds issued by the
 20 35 tobacco settlement authority.
 21  1    Sec. 29.  CONTINGENT APPROPRIATIONS – EFFECTIVE DATE.  The
 21  2 appropriations in sections 27 and 28 of this division of this
 21  3 Act shall be made from the tax-exempt bond proceeds restricted
 21  4 capital funds account of the tobacco settlement trust fund on
 21  5 or after the effective date of the receipt of tax-exempt bond
 21  6 proceeds by the tobacco settlement authority and the deposit
 21  7 of the proceeds of the tax-exempt bonds in the tax-exempt bond
 21  8 proceeds restricted capital funds account of the tobacco
 21  9 settlement trust fund.  However, if any of the following
 21 10 occurs, the appropriations in sections 27 and 28 of this
 21 11 division of this Act shall not be made from the tax-exempt
 21 12 bond proceeds restricted capital funds account of the tobacco
 21 13 settlement trust fund:
 21 14    1.  2001 Iowa Acts, Senate File 532 is not enacted.
 21 15    2.  2001 Iowa Acts, Senate File 532 is enacted, but the
 21 16 tobacco settlement authority established in chapter 12E does
 21 17 not securitize tobacco master settlement agreement payments
 21 18 sold to the authority pursuant to 2001 Iowa Acts, Senate File
 21 19 532 prior to June 30, 2002.
 21 20    3.  2001 Iowa Acts, Senate File 532 is enacted and the
 21 21 tobacco settlement authority securitizes tobacco master
 21 22 settlement agreement payments sold to the authority pursuant
 21 23 to 2001 Iowa Acts, Senate File 532, but the bond proceeds are
 21 24 not received by the tobacco settlement authority and deposited
 21 25 in the tax-exempt bond proceeds restricted capital funds
 21 26 account of the tobacco settlement trust fund on or before June
 21 27 30, 2002.
 21 28    4.  For any other reason, any of the amounts in section 27
 21 29 cannot be paid from the tax-exempt bond proceeds restricted
 21 30 capital funds account of the tobacco settlement trust fund.
 21 31    Sec. 30.  REVERSION.  Notwithstanding section 8.33, moneys
 21 32 appropriated in this division of this Act shall not revert at
 21 33 the close of the fiscal year for which they were appropriated
 21 34 but shall remain available for the purposes designated until
 21 35 the close of the fiscal year that begins July 1, 2004, or
 22  1 until the project for which the appropriation was made is
 22  2 completed, whichever is earlier.
 22  3    Sec. 31.  EFFECTIVE DATES.  Sections 22 through 24 of this
 22  4 division of this Act, amending 2000 Iowa Acts, chapter 1225,
 22  5 sections 10, 15, and 18, being deemed of immediate importance,
 22  6 take effect upon enactment.  
 22  7                           DIVISION IV
 22  8              STATUTORY CHANGES AND RELATED MATTERS
 22  9    Sec. 32.  Section 7E.5A, Code 2001, is amended to read as
 22 10 follows:
 22 11    7E.5A  BUILDINGS AND INFRASTRUCTURE – IDENTIFICATION OF
 22 12 MAINTENANCE FUNDING NEEDS.
 22 13    1.  For each new vertical infrastructure project undertaken
 22 14 on or after July 1, 1997, the department in control of the
 22 15 vertical infrastructure shall identify and recommend to the
 22 16 general assembly funding sufficient to meet the projected
 22 17 maintenance, repair, and replacement needs of the vertical
 22 18 infrastructure.
 22 19    2.  A department shall, within its five-year capital budget
 22 20 request, identify specific instances where the failure to
 22 21 address deferred maintenance has had a negative impact on the
 22 22 department's ability to implement its mission and the proposed
 22 23 costs for annual routine and preventive maintenance based on
 22 24 an industry standard of one percent of the estimated
 22 25 replacement cost of the department's facilities.  This
 22 26 subsection shall not apply to the state department of
 22 27 transportation.
 22 28    3.  A department requesting state moneys for a vertical
 22 29 infrastructure project shall actively pursue any federal funds
 22 30 for which the proposed project may be eligible and shall
 22 31 demonstrate such pursuit prior to receiving state moneys for
 22 32 the project.  The department shall report the receipt of any
 22 33 such federal funds to the department of management and the
 22 34 legislative fiscal bureau in the manner described in section
 22 35 8.23.
 23  1    2. 4.  As used in this section, "vertical infrastructure"
 23  2 means the same as defined in section 8.57, subsection 5,
 23  3 paragraph "c".
 23  4    Sec. 33.  Section 8.57, subsection 5, paragraph e, Code
 23  5 2001, is amended by adding the following new unnumbered
 23  6 paragraph:
 23  7    NEW UNNUMBERED PARAGRAPH.  If the total amount of moneys
 23  8 directed to be deposited in the general fund of the state
 23  9 under sections 99D.17 and 99F.11 in a fiscal year is less than
 23 10 the total amount of moneys directed to be deposited in the
 23 11 vision Iowa fund and the school infrastructure fund in the
 23 12 fiscal year pursuant to this paragraph "e", the difference
 23 13 shall be paid from lottery revenues in the manner provided in
 23 14 section 99E.10, subsection 3.
 23 15    Sec. 34.  Section 12.73, Code 2001, is amended to read as
 23 16 follows:
 23 17    12.73  VISION IOWA FUND MONEYS – ADMINISTRATIVE COSTS.
 23 18    During the term of the vision Iowa program established in
 23 19 section 15F.302, one two hundred thousand dollars of the
 23 20 moneys deposited each fiscal year in the vision Iowa fund and
 23 21 appropriated for the vision Iowa program shall be allocated
 23 22 each fiscal year to the department of economic development for
 23 23 administrative costs incurred by the department for purposes
 23 24 of administering the vision Iowa program.
 23 25    Sec. 35.  Section 12.74, subsection 2, Code 2001, is
 23 26 amended by striking the subsection.
 23 27    Sec. 36.  Section 12.84, subsection 2, Code 2001, is
 23 28 amended by striking the subsection.
 23 29    Sec. 37.  Section 15F.202, subsection 2, unnumbered
 23 30 paragraph 1, Code 2001, is amended to read as follows:
 23 31    A city or county in the state or public organization may
 23 32 submit an application to the board for financial assistance
 23 33 for a project under the program.  The assistance shall be
 23 34 provided only from funds, rights, and assets legally available
 23 35 to the board and shall be in the form of grants, loans,
 24  1 forgivable loans, and loan guarantees credit enhancement and
 24  2 financing instruments.  The application shall include, but not
 24  3 be limited to, the following information:
 24  4    Sec. 38.  Section 15F.202, subsection 3, Code 2001, is
 24  5 amended to read as follows:
 24  6    3.  A school district, in cooperation with a city or
 24  7 county, may submit a joint application for financial
 24  8 assistance for a project under the program.  The assistance
 24  9 shall be provided only from funds, rights, and assets legally
 24 10 available to the board and shall be in the form of grants,
 24 11 loans, forgivable loans, and loan guarantees credit
 24 12 enhancement and financing instruments.  In addition to the
 24 13 information required in subsection 2, the application shall
 24 14 include a demonstration that the intended future use of the
 24 15 project shall be by both joint applicants.
 24 16    Sec. 39.  Section 15F.204, subsection 3, Code 2001, is
 24 17 amended to read as follows:
 24 18    3.  The fund shall be used to provide assistance only from
 24 19 funds, rights, and assets legally available to the board in
 24 20 the form of grants, loans, forgivable loans, and loan
 24 21 guarantees credit enhancements and financing instruments under
 24 22 the community attraction and tourism program established in
 24 23 section 15F.202.  An applicant under the community attraction
 24 24 and tourism program shall not receive financial assistance
 24 25 from the fund in an amount exceeding fifty percent of the
 24 26 total cost of the project.
 24 27    Sec. 40.  Section 15F.302, subsection 2, unnumbered
 24 28 paragraph 1, Code 2001, is amended to read as follows:
 24 29    A city or county or a public organization in the state may
 24 30 submit an application to the board for financial assistance
 24 31 for a project under the program.  For purposes of this
 24 32 subsection, "public organization" means a nonprofit economic
 24 33 development organization or other nonprofit organization that
 24 34 sponsors or supports community or tourism attractions and
 24 35 activities.  The financial assistance from the fund shall be
 25  1 provided only from funds, rights, and assets legally available
 25  2 to the board and shall be in the form of grants, loans,
 25  3 forgivable loans, pledges, and guarantees credit enhancements
 25  4 and financing instruments.  The application shall include, but
 25  5 not be limited to, the following information:
 25  6    Sec. 41.  Section 15F.302, subsection 3, Code 2001, is
 25  7 amended to read as follows:
 25  8    3.  A school district, in cooperation with a city or
 25  9 county, may submit a joint application for financial
 25 10 assistance for a project under the program.  The financial
 25 11 assistance shall be provided only from funds, rights, and
 25 12 assets legally available to the board and shall be in the form
 25 13 of grants, loans, forgivable loans, and loan guarantees credit
 25 14 enhancements and financing instruments.  In addition to the
 25 15 information required in subsection 2, the application shall
 25 16 include a demonstration that the intended future use of the
 25 17 project shall be by both joint applicants.
 25 18    Sec. 42.  NEW SECTION.  15F.303A  PUBLIC ORGANIZATIONS –
 25 19 COMPETITIVE BIDDING OF PROJECTS.
 25 20    A public organization, as defined in section 15F.302,
 25 21 subsection 2, whose application for financial assistance under
 25 22 the program is approved by the board shall advertise for
 25 23 sealed bids for the construction portion of the proposed
 25 24 project by publishing a notice to bidders as provided in this
 25 25 section.  The notice to bidders shall be published in a
 25 26 newspaper of general circulation in the county where the
 25 27 construction is to be performed not less than twenty days but
 25 28 not more than forty-five days before the date for filing bids.
 25 29    1.  NOTICE TO BIDDERS.  The notice to bidders must state
 25 30 the following items:
 25 31    a.  The time and place for filing sealed proposals.
 25 32    b.  The time and place sealed proposals will be opened and
 25 33 considered on behalf of the public organization.
 25 34    c.  The general nature of the project on which bids are
 25 35 requested.
 26  1    d.  In general terms when the work must be commenced and
 26  2 when it must be completed.
 26  3    e.  That each bidder shall accompany the bid with a bid
 26  4 security as prescribed in this paragraph and as specified by
 26  5 the public organization, as security that the successful
 26  6 bidder will enter into a contract for the work bid upon and
 26  7 will furnish after the award of contract a corporate surety
 26  8 bond, acceptable to the public organization, for the faithful
 26  9 performance of the contract, in an amount equal to one hundred
 26 10 percent of the amount of the contract.  The bidder's security
 26 11 shall be in an amount fixed by the public organization, and
 26 12 shall be in the form of a cashier's or certified check drawn
 26 13 on a bank in Iowa or a bank chartered under the laws of the
 26 14 United States, or a certified share draft drawn on a credit
 26 15 union in Iowa or chartered under the laws of the United
 26 16 States, or the public organization may provide for a bidder's
 26 17 bond with corporate surety satisfactory to the public
 26 18 organization.  The bid bond shall contain no conditions except
 26 19 for those provided in this subsection.
 26 20    f.  Any further information that the public organization
 26 21 deems pertinent.
 26 22    The notice to bidders may provide that bids will be
 26 23 received for the furnishing of all labor and materials and
 26 24 furnishing or installing equipment under one contract, or for
 26 25 parts thereof in separate sections.
 26 26    2.  BID SECURITY.  The amount of bid security must be fixed
 26 27 by the public organization prior to ordering publication of
 26 28 the notice to bidders and must equal at least five percent,
 26 29 but may not exceed ten percent of either the estimated total
 26 30 contract cost of the construction portion of the project, or
 26 31 the amount of each bid.
 26 32    3.  AWARD OF CONTRACT.  The contract for the construction
 26 33 portion of the project must be awarded to the lowest
 26 34 responsible bidder.  This subsection shall not be construed to
 26 35 prohibit a public organization in the award of a contract for
 27  1 the construction portion of a project from providing, an
 27  2 enhancement of payments upon early completion of the
 27  3 construction portion of the project if the availability of the
 27  4 enhancement payments is included in the notice to bidders, the
 27  5 enhancement payments are competitively neutral to potential
 27  6 bidders, and the total value of the enhancement payments does
 27  7 not exceed ten percent of the value of the contract.
 27  8    Sec. 43.  Section 15F.304, subsection 4, Code 2001, is
 27  9 amended to read as follows:
 27 10    4.  Upon review of the recommendations of the review
 27 11 committee, the board shall approve, defer, or deny the
 27 12 applications.  If an application is approved, the board may
 27 13 enter into an agreement with the applicant to provide
 27 14 financial assistance authorized under section 15F.302.
 27 15    Sec. 44.  Section 99E.10, Code 2001, is amended by adding
 27 16 the following new subsection:
 27 17    NEW SUBSECTION.  3.  a.  Notwithstanding subsection 1, if
 27 18 gaming revenues under sections 99D.17 and 99F.11 are
 27 19 insufficient in a fiscal year to meet the total amount of such
 27 20 revenues directed to be deposited in the vision Iowa fund and
 27 21 the school infrastructure fund during the fiscal year pursuant
 27 22 to section 8.57, subsection 5, paragraph "e", the difference
 27 23 shall be paid from lottery revenues prior to deposit of the
 27 24 lottery revenues in the general fund.  If lottery revenues are
 27 25 insufficient during the fiscal year to pay the difference, the
 27 26 remaining difference shall be paid from lottery revenues in
 27 27 subsequent fiscal years as such revenues become available.
 27 28    b.  The treasurer of state shall, each quarter, prepare an
 27 29 estimate of the gaming revenues and lottery revenues that will
 27 30 become available during the remainder of the appropriate
 27 31 fiscal year for the purposes described in paragraph "a".  The
 27 32 department of management and the department of revenue and
 27 33 finance shall take appropriate actions to provide that the
 27 34 amount of gaming revenues and lottery revenues that will be
 27 35 available during the remainder of the appropriate fiscal year
 28  1 is sufficient to cover any anticipated deficiencies.
 28  2    Sec. 45.  NEW SECTION.  161D.8  ANNUAL REPORT – AUDIT.
 28  3    1.  The authority shall submit to the department of
 28  4 management, the legislative fiscal bureau, and the division of
 28  5 soil conservation of the department of agriculture and land
 28  6 stewardship, on or before December 31, annually, a report
 28  7 including information regarding all of the following:
 28  8    a.  Its operations and accomplishments.
 28  9    b.  Its budget, receipts, and actual expenditures during
 28 10 the previous fiscal year, in accordance with classifications
 28 11 it establishes for its operating and capital accounts.
 28 12    c.  Its assets and liabilities at the end of the previous
 28 13 fiscal year and the status of reserve, special, and other
 28 14 funds.
 28 15    d.  A statement of its proposed and projected activities.
 28 16    e.  Recommendations to the governor and the general
 28 17 assembly, as deemed necessary.
 28 18    f.  Any other information deemed necessary.
 28 19    2.  The annual report shall identify performance goals of
 28 20 the authority, and clearly indicate the extent of progress,
 28 21 during the reporting period, in attaining these goals.
 28 22    3.  The fund shall be subject to an annual audit by the
 28 23 auditor of state.
 28 24    Sec. 46.  NEW SECTION.  161D.13  ANNUAL REPORT – AUDIT.
 28 25    1.  The southern Iowa development and conservation
 28 26 authority shall submit to the department of management, the
 28 27 legislative fiscal bureau, and the division of soil
 28 28 conservation of the department of agriculture and land
 28 29 stewardship, on or before December 31, annually, a report
 28 30 including information regarding all of the following:
 28 31    a.  Its operations and accomplishments.
 28 32    b.  Its budget, receipts, and actual expenditures during
 28 33 the previous fiscal year, in accordance with classifications
 28 34 it establishes for its operating and capital accounts.
 28 35    c.  Its assets and liabilities at the end of the previous
 29  1 fiscal year and the status of reserve, special, and other
 29  2 funds.
 29  3    d.  A statement of its proposed and projected activities.
 29  4    e.  Recommendations to the governor and the general
 29  5 assembly, as deemed necessary.
 29  6    f.  Any other information deemed necessary.
 29  7    2.  The annual report shall identify performance goals of
 29  8 the authority, and clearly indicate the extent of progress,
 29  9 during the reporting period, in attaining these goals.
 29 10    3.  The southern Iowa development and conservation fund
 29 11 shall be subject to an annual audit by the auditor of state.
 29 12    Sec. 47.  2001 Iowa Acts, House File 755, section 30, if
 29 13 enacted, is amended to read as follows:
 29 14    SEC. 30.  Notwithstanding any contrary provision in section
 29 15 455E.11, subsection 1, Code 2001, any unencumbered or
 29 16 unobligated cash balance in the groundwater protection fund
 29 17 and in any of the accounts within the groundwater protection
 29 18 fund on June 30, 2001 not needed for expenditure in the fiscal
 29 19 year beginning July 1, 2001, and ending June 30, 2002, shall
 29 20 be transferred to the general fund of the state.
 29 21    Sec. 48.  USE OF TAX-EXEMPT BOND PROCEEDS – REIMBURSEMENT.
 29 22    1.  Notwithstanding any provision of law to the contrary,
 29 23 moneys deposited in the tax-exempt bond proceeds restricted
 29 24 capital funds account of the tobacco settlement trust fund
 29 25 that are subject to an appropriation pursuant to section
 29 26 12E.10, subsection 1, paragraph "b", as amended by 2001 Iowa
 29 27 Acts, Senate File 532, if enacted, shall remain in the tax-
 29 28 exempt bond proceeds restricted capital funds account until
 29 29 such time as costs are properly incurred and due for the
 29 30 purpose for which the appropriation was made.  Payments for
 29 31 such properly incurred costs shall be made consistent with the
 29 32 requirements of federal law, chapter 12E, as amended by 2001
 29 33 Iowa Acts, Senate File 532, if enacted, and the sales
 29 34 agreement, as defined in section 12E.2.
 29 35    2.  Until bond proceeds are received by the tobacco
 30  1 settlement authority and deposited in the tax-exempt bond
 30  2 proceeds restricted capital funds account of the tobacco
 30  3 settlement trust fund, payments for costs incurred for
 30  4 projects for which appropriations are made in section 25 of
 30  5 this division of this Act may be made from the rebuild Iowa
 30  6 infrastructure fund.  Upon receipt of bond proceeds and
 30  7 deposit of the proceeds in the tax-exempt bond proceeds
 30  8 restricted capital funds account, such payments shall be
 30  9 reimbursed to the rebuild Iowa infrastructure fund from the
 30 10 tax-exempt bond proceeds restricted capital funds account,
 30 11 subject, however, to any applicable limitations on the use of
 30 12 the proceeds as provided in the Internal Revenue Code and this
 30 13 Act.
 30 14    Sec. 49.  EFFECTIVE DATE.  The following provisions of this
 30 15 division of this Act, being deemed of immediate importance,
 30 16 take effect upon enactment:
 30 17    Sections 33 and 35 through 44 of this division of this Act,
 30 18 amending sections 8.57, 12.74, 12.84, 15F.202, 15F.204, and
 30 19 15F.302, enacting section 15F.303A, and amending sections
 30 20 15F.304, and 99E.10.  
 30 21 
 30 22 
 30 23                                                             
 30 24                               BRENT SIEGRIST
 30 25                               Speaker of the House
 30 26 
 30 27 
 30 28                                                             
 30 29                               MARY E. KRAMER
 30 30                               President of the Senate
 30 31 
 30 32    I hereby certify that this bill originated in the House and
 30 33 is known as House File 742, Seventy-ninth General Assembly.
 30 34 
 30 35 
 31  1                                                             
 31  2                               MARGARET THOMSON
 31  3                               Chief Clerk of the House
 31  4 Approved                , 2001
 31  5 
 31  6 
 31  7                            
 31  8 THOMAS J. VILSACK
 31  9 Governor
     

Text: HF00741                           Text: HF00743
Text: HF00700 - HF00799                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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