Text: H01019 Text: H01021 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 234 as follows: 1 2 #1. By striking page 1, line 1, through page 3, 1 3 line 12, and inserting the following: 1 4 "Section 1. NEW SECTION. 161D.9 MISSOURI RIVER 1 5 PRESERVATION AND LAND USE. 1 6 1. LEGISLATIVE FINDINGS. The general assembly 1 7 finds that the Missouri river is an important natural 1 8 resource to the state of Iowa and that the creation of 1 9 comprehensive plans which lead to the purchase, 1 10 development, and preservation of land adjacent to the 1 11 Missouri river will provide recreational and economic 1 12 benefits to the state and to the counties and cities 1 13 which border on the river. The general assembly 1 14 further finds that current planning and purchase 1 15 efforts relating to development of Missouri riverfront 1 16 property have fallen short of the goal of developing a 1 17 comprehensive plan for the recreational development of 1 18 the Missouri river and that giving the loess hills 1 19 development and conservation authority the mission of 1 20 engaging in these efforts will have a greater 1 21 likelihood of reaching the desired goal. 1 22 2. DUTIES OF AUTHORITY. 1 23 a. The authority may engage in comprehensive 1 24 planning for and the development and implementation of 1 25 strategies designed to preserve and restore the 1 26 natural beauty of the land adjacent to and the water 1 27 of the Missouri river through land acquisition. 1 28 Planning and implementation activities may be 1 29 coordinated with plans and implementation activities 1 30 of the department of natural resources for lands owned 1 31 or acquired by the department. 1 32 b. The mission of the authority is to research, 1 33 develop comprehensive plans, and implement strategies 1 34 which emphasize the creation of multipurpose 1 35 recreational areas that foster and accent the natural 1 36 characteristics of the Missouri river and which 1 37 provide for environmentally sound land and water use 1 38 practices for land adjacent to the Missouri river; to 1 39 designate and prioritize for purchase parcels of land 1 40 which are located in areas critical for the 1 41 environmental health of the Missouri river waterway; 1 42 to develop plans for and to acquire parcels of land to 1 43 establish a public greenbelt along the banks of the 1 44 Missouri river; to develop plans for public 1 45 recreational use of lands adjacent to the Missouri 1 46 river, including but not limited to a public bicycle 1 47 trail; and to cooperate with county and city 1 48 authorities and federal and state authorities in order 1 49 to fulfill the mission of the authority. 1 50 c. The authority may develop plans and proposals 2 1 and conduct public hearings relating to the 2 2 conservation, preservation, and acquisition of land 2 3 adjacent to the Missouri river. In developing plans 2 4 and proposals, the authority may consult with any 2 5 person or organization which has interests that would 2 6 be affected by the acquisition and development of 2 7 Missouri river property in accordance with the mission 2 8 of the authority, including but not limited to utility 2 9 companies, municipalities, agricultural organizations, 2 10 the corps of engineers, rural water districts, soil 2 11 and water conservation districts, private water 2 12 suppliers, business and industry organizations, 2 13 drainage and levee district associations, benefited 2 14 recreational lake districts, and any soil conservation 2 15 organizations. The authority may include a copy of 2 16 any plans and proposals and may document the results 2 17 and findings of those hearings in a report or series 2 18 of reports. 2 19 d. The authority shall administer the Missouri 2 20 river preservation and land use fund established under 2 21 subsection 3, and shall deposit and expend moneys in 2 22 the fund for the development of plans for, development 2 23 of, and purchase of lands adjacent to the Missouri 2 24 river and for annual payment of property taxes on any 2 25 land purchased. The county treasurer shall certify 2 26 the amount of taxes due the authority. The assessed 2 27 value of the property held by the authority shall be 2 28 that value determined under section 427.1, subsection 2 29 18, and the authority may protest the assessed value 2 30 in the manner provided by law for any property owner 2 31 to protest an assessment. For purposes of chapter 2 32 257, the assessed value of any property which was 2 33 acquired by the authority shall be included in the 2 34 valuation base of the school district and the payments 2 35 made by the authority shall be considered as property 2 36 tax revenues and not as miscellaneous income. The 2 37 expenditure of funds may include, but is not limited 2 38 to, use of moneys from the Missouri river preservation 2 39 and land use fund to match funds from state, federal, 2 40 and private resources. 2 41 e. The title to all property purchased by the 2 42 authority shall be taken in the name of the state, but 2 43 land shall not be acquired through condemnation 2 44 proceedings and all purchases shall be from willing 2 45 sellers. The authority may transfer jurisdiction over 2 46 any lands the authority acquires to the department of 2 47 natural resources, or may enter into agreements with 2 48 the department or the appropriate county conservation 2 49 board, for the management of the lands. All lands 2 50 purchased shall be for public use, and not for private 3 1 commercial purposes, but the authority may permit the 3 2 expenditure of private funds for the improvement of 3 3 land or water adjacent to or purchased by the 3 4 authority. All surveys and plats of lands purchased 3 5 by the authority shall be filed in the manner provided 3 6 in section 461A.22. Land purchased by the authority 3 7 shall be managed and policed in the manner provided 3 8 under agreements between the authority and the agency 3 9 responsible for management of the property, except 3 10 that, subject to the restrictions contained in chapter 3 11 455B, the authority shall not be required to obtain 3 12 the prior permission of the natural resource 3 13 commission when using private funds to establish land 3 14 or water recreational areas, and any property 3 15 purchased by the authority shall not be sold without 3 16 the prior notification and consent of the authority. 3 17 3. MISSOURI RIVER PRESERVATION AND LAND USE FUND. 3 18 A Missouri river preservation and land use fund is 3 19 established in the office of treasurer of state, to be 3 20 administered by and subject to the use of the 3 21 authority for the purposes established in subsection 3 22 2. The Missouri authority may accept gifts, grants, 3 23 bequests, other moneys including but not limited to 3 24 state or federal moneys, and in-kind contributions for 3 25 deposit in the fund for the use of the authority to 3 26 carry out the authority's mission. Gifts, grants, and 3 27 bequests from public and private sources, state and 3 28 federal moneys, and other moneys received by the 3 29 authority shall be deposited in the fund and any 3 30 interest earned on the fund shall be credited to the 3 31 fund to be used for the purposes specified in 3 32 subsection 2. Notwithstanding section 8.33, any 3 33 unexpended or unencumbered moneys remaining in the 3 34 fund at the end of a fiscal year shall not revert, but 3 35 shall remain available for expenditure by the 3 36 authority in succeeding fiscal years. 3 37 Sec. 2. Section 456A.14, Code 2003, is amended to 3 38 read as follows: 3 39 456A.14 TEMPORARY APPOINTMENTS – PEACE OFFICER 3 40 STATUS. 3 41 The director may appoint temporary officers for a 3 42 period not to exceed six months and may adopt minimum 3 43 physical, educational, mental, and moral requirements 3 44 for the temporary officers. Chapter 80B does not 3 45 apply to the temporary officers. Temporary officers 3 46 have all the powers of peace officers in the 3 47 enforcement of this chapter and chapters 161D, 321G, 3 48 456B, 461A, 461B, 462A, 462B,463B,465C, 481A, 481B, 3 49 482, 483A, 484A, and 484B, and the trespass laws. 3 50 Sec. 3. Section 456A.24, subsection 12, Code 2003, 4 1 is amended to read as follows: 4 2 12. Adopt rules authorizing officers and employees 4 3 of the department who are peace officers to issue 4 4 warning citations for violations of this chapter and 4 5 chapters 161D, 321G, 350, 456B, 457A, 461A through 4 6 461C, 462A, 462B,463B,464A, 465A through 465C, 481A, 4 7 481B, 482, 483A, 484A, and 484B. 4 8 Sec. 4. Section 461A.78, Code 2003, is amended to 4 9 read as follows: 4 10 461A.78 METHOD NOT EXCLUSIVE. 4 11 This division shall not be the exclusive method for 4 12 establishing a water recreational area and shall not 4 13 be construed to prohibit the establishment of public 4 14 recreational areas by theMissouri river preservation4 15and land useloess hills development and conservation 4 16 authority under chapter463B161D. 4 17 Sec. 5. Section 481A.1, unnumbered paragraph 1, 4 18 Code 2003, is amended to read as follows: 4 19 Words and phrases as used in this chapter and 4 20 chapters 161D, 350, 456A, 456B, 457A, 461A through 4 21 461C, 462A, 462B,463B,464A, 465A through 465C, 481B, 4 22 482, 483A, 484A, and 484B and such other chapters as 4 23 relate to the subject matter of these chapters shall 4 24 be construed as follows: 4 25 Sec. 6. Chapter 463B, Code 2003, is repealed." 4 26 #2. By renumbering as necessary. 4 27 4 28 4 29 4 30 BOGGESS of Page 4 31 4 32 4 33 4 34 FREEMAN of Buena Vista 4 35 4 36 4 37 4 38 WHITEAD of Woodbury 4 39 HF 234.302 80 4 40 av/cf
Text: H01019 Text: H01021 Text: H01000 - H01099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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