Text: HF00233 Text: HF00235 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 161D.9 MISSOURI RIVER 1 2 PRESERVATION AND LAND USE. 1 3 1. LEGISLATIVE FINDINGS. The general assembly finds that 1 4 the Missouri river is an important natural resource to the 1 5 state of Iowa and that the creation of comprehensive plans 1 6 which lead to the purchase, development, and preservation of 1 7 land adjacent to the Missouri river will provide recreational 1 8 and economic benefits to the state and to the counties and 1 9 cities which border on the river. The general assembly 1 10 further finds that current planning and purchase efforts 1 11 relating to development of Missouri riverfront property have 1 12 fallen short of the goal of developing a comprehensive plan 1 13 for the recreational development of the Missouri river and 1 14 that giving the loess hills development and conservation 1 15 authority the mission of engaging in these efforts will have a 1 16 greater likelihood of reaching the desired goal. 1 17 2. DUTIES OF AUTHORITY. 1 18 a. The authority may engage in comprehensive planning for 1 19 and the development and implementation of strategies designed 1 20 to preserve and restore the natural beauty of the land 1 21 adjacent to and the water of the Missouri river through land 1 22 acquisition. Planning and implementation activities may be 1 23 coordinated with plans and implementation activities of the 1 24 department of natural resources for lands owned or acquired by 1 25 the department. 1 26 b. The mission of the authority is to research, develop 1 27 comprehensive plans, and implement strategies which emphasize 1 28 the creation of multipurpose recreational areas that foster 1 29 and accent the natural characteristics of the Missouri river 1 30 and which provide for environmentally sound land and water use 1 31 practices for land adjacent to the Missouri river; to 1 32 designate and prioritize for purchase parcels of land which 1 33 are located in areas critical for the environmental health of 1 34 the Missouri river waterway; to develop plans for and to 1 35 acquire parcels of land to establish a public greenbelt along 2 1 the banks of the Missouri river; to develop plans for public 2 2 recreational use of lands adjacent to the Missouri river, 2 3 including but not limited to a public bicycle trail; and to 2 4 cooperate with county and city authorities and federal and 2 5 state authorities in order to fulfill the mission of the 2 6 authority. 2 7 c. The authority may develop plans and proposals and 2 8 conduct public hearings relating to the conservation, 2 9 preservation, and acquisition of land adjacent to the Missouri 2 10 river. In developing plans and proposals, the authority may 2 11 consult with any person or organization which has interests 2 12 that would be affected by the acquisition and development of 2 13 Missouri river property in accordance with the mission of the 2 14 authority, including but not limited to utility companies, 2 15 municipalities, agricultural organizations, the corps of 2 16 engineers, rural water districts, soil and water conservation 2 17 districts, private water suppliers, business and industry 2 18 organizations, drainage and levee district associations, 2 19 benefited recreational lake districts, and any soil 2 20 conservation organizations. The authority may include a copy 2 21 of any plans and proposals and may document the results and 2 22 findings of those hearings in a report or series of reports. 2 23 d. The authority shall administer the Missouri river 2 24 preservation and land use fund established under subsection 3, 2 25 and shall deposit and expend moneys in the fund for the 2 26 development of plans for, development of, and purchase of 2 27 lands adjacent to the Missouri river and for annual payment of 2 28 property taxes on any land purchased. The county treasurer 2 29 shall certify the amount of taxes due the authority. The 2 30 assessed value of the property held by the authority shall be 2 31 that value determined under section 427.1, subsection 18, and 2 32 the authority may protest the assessed value in the manner 2 33 provided by law for any property owner to protest an 2 34 assessment. For purposes of chapter 257, the assessed value 2 35 of any property which was acquired by the authority shall be 3 1 included in the valuation base of the school district and the 3 2 payments made by the authority shall be considered as property 3 3 tax revenues and not as miscellaneous income. The expenditure 3 4 of funds may include, but is not limited to, use of moneys 3 5 from the Missouri river preservation and land use fund to 3 6 match funds from state, federal, and private resources. 3 7 e. The title to all property purchased by the authority 3 8 shall be taken in the name of the state, but land shall not be 3 9 acquired through condemnation proceedings and all purchases 3 10 shall be from willing sellers. The authority may transfer 3 11 jurisdiction over any lands the authority acquires to the 3 12 department of natural resources, or may enter into agreements 3 13 with the department or the appropriate county conservation 3 14 board, for the management of the lands. All lands purchased 3 15 shall be for public use, and not for private commercial 3 16 purposes, but the authority may permit the expenditure of 3 17 private funds for the improvement of land or water adjacent to 3 18 or purchased by the authority. All surveys and plats of lands 3 19 purchased by the authority shall be filed in the manner 3 20 provided in section 461A.22. Land purchased by the authority 3 21 shall be managed and policed in the manner provided under 3 22 agreements between the authority and the agency responsible 3 23 for management of the property, except that, subject to the 3 24 restrictions contained in chapter 455B, the authority shall 3 25 not be required to obtain the prior permission of the natural 3 26 resource commission when using private funds to establish land 3 27 or water recreational areas, and any property purchased by the 3 28 authority shall not be sold without the prior notification and 3 29 consent of the authority. 3 30 3. MISSOURI RIVER PRESERVATION AND LAND USE FUND. A 3 31 Missouri river preservation and land use fund is established 3 32 in the office of treasurer of state, to be administered by and 3 33 subject to the use of the authority for the purposes 3 34 established in subsection 2. The Missouri authority may 3 35 accept gifts, grants, bequests, other moneys including but not 4 1 limited to state or federal moneys, and in-kind contributions 4 2 for deposit in the fund for the use of the authority to carry 4 3 out the authority's mission. Gifts, grants, and bequests from 4 4 public and private sources, state and federal moneys, and 4 5 other moneys received by the authority shall be deposited in 4 6 the fund and any interest earned on the fund shall be credited 4 7 to the fund to be used for the purposes specified in 4 8 subsection 2. Notwithstanding section 8.33, any unexpended or 4 9 unencumbered moneys remaining in the fund at the end of a 4 10 fiscal year shall not revert, but shall remain available for 4 11 expenditure by the authority in succeeding fiscal years. 4 12 Sec. 2. Section 456A.14, Code 2003, is amended to read as 4 13 follows: 4 14 456A.14 TEMPORARY APPOINTMENTS – PEACE OFFICER STATUS. 4 15 The director may appoint temporary officers for a period 4 16 not to exceed six months and may adopt minimum physical, 4 17 educational, mental, and moral requirements for the temporary 4 18 officers. Chapter 80B does not apply to the temporary 4 19 officers. Temporary officers have all the powers of peace 4 20 officers in the enforcement of this chapter and chapters 321G, 4 21 456B, 461A, 461B, 462A, 462B,463B,465C, 481A, 481B, 482, 4 22 483A, 484A, and 484B, and the trespass laws. 4 23 Sec. 3. Section 456A.24, subsection 12, Code 2003, is 4 24 amended to read as follows: 4 25 12. Adopt rules authorizing officers and employees of the 4 26 department who are peace officers to issue warning citations 4 27 for violations of this chapter and chapters 321G, 350, 456B, 4 28 457A, 461A through 461C, 462A, 462B,463B,464A, 465A through 4 29 465C, 481A, 481B, 482, 483A, 484A, and 484B. 4 30 Sec. 4. Section 461A.78, Code 2003, is amended to read as 4 31 follows: 4 32 461A.78 METHOD NOT EXCLUSIVE. 4 33 This division shall not be the exclusive method for 4 34 establishing a water recreational area and shall not be 4 35 construed to prohibit the establishment of public recreational 5 1 areas by theMissouri river preservation and land useloess 5 2 hills development and conservation authority under chapter 5 3463B161D. 5 4 Sec. 5. Section 481A.1, unnumbered paragraph 1, Code 2003, 5 5 is amended to read as follows: 5 6 Words and phrases as used in this chapter and chapters 350, 5 7 456A, 456B, 457A, 461A through 461C, 462A, 462B,463B,464A, 5 8 465A through 465C, 481B, 482, 483A, 484A, and 484B and such 5 9 other chapters as relate to the subject matter of these 5 10 chapters shall be construed as follows: 5 11 Sec. 6. Chapter 463B, Code 2003, is repealed. 5 12 Sec. 7. TRANSITION. 5 13 1. Before July 1, 2003, the Missouri river preservation 5 14 and land use authority shall cooperate with the loess hills 5 15 development and conservation authority in planning for the 5 16 transfer of all records, equipment, and properties, and the 5 17 administration of the Missouri river preservation and land use 5 18 fund, to the loess hills development and conservation 5 19 authority on July 1, 2003. 5 20 2. Effective July 1, 2003, the Missouri river preservation 5 21 and land use authority is abolished and the terms of office of 5 22 members of the Missouri river preservation and land use 5 23 authority shall expire on that date. All actions taken by the 5 24 Missouri river preservation and land use authority pursuant to 5 25 chapter 463B before July 1, 2003, remain in effect until 5 26 modified or rescinded by actions of the loess hills 5 27 development and conservation authority on or after July 1, 5 28 2003, pursuant to this Act. 5 29 Sec. 8. EFFECTIVE DATE. Section 7 of this Act, being 5 30 deemed of immediate importance, takes effect upon enactment. 5 31 HF 234 5 32 av/es/25
Text: HF00233 Text: HF00235 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2003 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Apr 1 02:30:13 CST 2003
URL: /DOCS/GA/80GA/Legislation/HF/00200/HF00234/030304.html
jhf