Text: HF02577 Text: HF02579 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 REBUILD IOWA INFRASTRUCTURE FUND 1 3 Section 1. There is appropriated from the rebuild Iowa 1 4 infrastructure fund to the following departments and agencies 1 5 for the designated fiscal years, the following amounts, or so 1 6 much thereof as is necessary, to be used for the purposes 1 7 designated: 1 8 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 1 9 a. For routine maintenance of state buildings and 1 10 facilities, notwithstanding section 8.57, subsection 5, 1 11 paragraph "c": 1 12 FY 2004-2005...................................... $ 2,000,000 1 13 b. For relocation costs directly associated with 1 14 remodeling projects on the capitol complex and for facility 1 15 lease payments for the department of corrections, the Iowa 1 16 department of public health, and the department of public 1 17 safety, notwithstanding section 8.57, subsection 5, paragraph 1 18 "c": 1 19 FY 2004-2005...................................... $ 2,271,617 1 20 c. For technology improvement projects, notwithstanding 1 21 section 8.57, subsection 5, paragraph "c": 1 22 FY 2004-2005...................................... $ 1,861,496 1 23 Of the amount appropriated in this lettered paragraph, 1 24 $288,496 is allocated to maintain and operate the enterprise 1 25 warehouse technology project and $73,000 is allocated to the 1 26 division of criminal and juvenile justice planning of the 1 27 department of human rights for 1.00 full-time equivalent 1 28 position to provide support for the justice data warehouse 1 29 technology project. 1 30 d. For major renovation and major repair needs, including 1 31 health, life, and fire safety needs, and for compliance with 1 32 the federal Americans With Disabilities Act, for state 1 33 buildings and facilities under the purview of the department: 1 34 FY 2004-2005...................................... $ 7,300,000 1 35 (1) Of the amount appropriated in this lettered paragraph, 2 1 up to $375,000 may be used for costs associated with project 2 2 management services in the division of design and construction 2 3 within the general services enterprise of the department, 2 4 notwithstanding section 8.57, subsection 5, paragraph "c". 2 5 In addition to the amount provided for costs associated 2 6 with project management services in this subparagraph, the 2 7 division of design and construction may be reimbursed from 2 8 moneys appropriated in this lettered paragraph for such costs 2 9 associated with applicable capital projects in an amount not 2 10 to exceed $370,824, notwithstanding section 8.57, subsection 2 11 5, paragraph "c". such reimbursement shall be provided for 2 12 pursuant to an agreement entered into with a governmental 2 13 entity to which the division of design and construction 2 14 provides project management services relating to a capital 2 15 project. 2 16 (2) Of the amount appropriated in this lettered paragraph, 2 17 $200,000 may be used for costs associated with the vertical 2 18 infrastructure program, notwithstanding section 8.57, 2 19 subsection 5, paragraph "c". 2 20 e. For costs associated with the remodeling of the records 2 21 and property center: 2 22 FY 2004-2005...................................... $ 5,000,000 2 23 FY 2005-2006...................................... $ 4,700,000 2 24 f. For accent lighting systems for the soldiers and 2 25 sailors monument and the Allison monument on the capitol 2 26 complex: 2 27 FY 2004-2005...................................... $ 35,000 2 28 g. For capitol interior restoration: 2 29 FY 2004-2005...................................... $ 1,770,000 2 30 h. For costs associated with maintenance and operation of 2 31 the state laboratories facility located in Ankeny, 2 32 notwithstanding section 8.57, subsection 5, paragraph "c": 2 33 FY 2004-2005...................................... $ 355,500 2 34 2. DEPARTMENT FOR THE BLIND 2 35 For the remodeling of the orientation center: 3 1 FY 2004-2005...................................... $ 67,000 3 2 3. STATE BOARD OF REGENTS 3 3 For maintenance at the Iowa school for the deaf and the 3 4 Iowa braille and sight saving school: 3 5 FY 2004-2005...................................... $ 500,000 3 6 4. DEPARTMENT OF CORRECTIONS 3 7 a. For costs of entering into a lease-purchase agreement 3 8 to connect the electrical system supporting the special needs 3 9 unit at Fort Madison: 3 10 FY 2004-2005...................................... $ 333,168 3 11 b. For construction of a community-based correctional 3 12 facility, including district offices, in Davenport: 3 13 FY 2004-2005...................................... $ 3,000,000 3 14 FY 2005-2006...................................... $ 3,750,000 3 15 FY 2006-2007...................................... $ 3,750,000 3 16 It is the intent of the general assembly that the 3 17 department of management allocate the entire appropriation for 3 18 the fiscal year beginning July 1, 2006, to the department of 3 19 corrections by July 31, 2006. 3 20 5. DEPARTMENT OF CULTURAL AFFAIRS 3 21 a. For historical site preservation grants, to be used for 3 22 the restoration, preservation, and development of historical 3 23 sites: 3 24 FY 2004-2005...................................... $ 500,000 3 25 Historical site preservation grants shall only be awarded 3 26 for projects which meet the definition of "vertical 3 27 infrastructure" in section 8.57, subsection 5, paragraph "c". 3 28 In making grants pursuant to this lettered paragraph, the 3 29 department shall consider the existence and amount of other 3 30 funds available to an applicant for the designated project. A 3 31 grant awarded from moneys appropriated in this lettered 3 32 paragraph shall not exceed $100,000 per project. Not more 3 33 than two grants may be awarded in the same county. 3 34 b. For continuation of the project recommended by the Iowa 3 35 battle flag advisory committee to stabilize the condition of 4 1 the battle flag collection, notwithstanding section 8.57, 4 2 subsection 5, paragraph "c": 4 3 FY 2004-2005...................................... $ 100,000 4 4 6. DEPARTMENT OF ECONOMIC DEVELOPMENT 4 5 a. For accelerated career education program capital 4 6 projects at community colleges that are authorized under 4 7 chapter 260G and that meet the definition of "vertical 4 8 infrastructure" in section 8.57, subsection 5, paragraph "c": 4 9 FY 2004-2005...................................... $ 5,500,000 4 10 The moneys appropriated in this paragraph shall be 4 11 allocated equally among the community colleges in the state. 4 12 If any portion of the equal allocation to a community college 4 13 is not obligated or encumbered by April 1, 2005, the 4 14 unobligated and unencumbered portions shall be available for 4 15 use by other community colleges. 4 16 b. For costs associated with Iowa's hosting of the 4 17 national special Olympics, notwithstanding section 8.57, 4 18 subsection 5, paragraph "c": 4 19 FY 2004-2005...................................... $ 500,000 4 20 c. To provide a grant for the planning, design, and 4 21 construction of a not-for-profit family recreational facility 4 22 that will also include a cardiac rehabilitation center and a 4 23 family indoor aquatic center: 4 24 FY 2004-2005...................................... $ 200,000 4 25 7. DEPARTMENT OF EDUCATION 4 26 a. To provide resources for structural and technological 4 27 improvements to local libraries and for the enrich Iowa 4 28 program, notwithstanding section 8.57, subsection 5, paragraph 4 29 "c": 4 30 FY 2004-2005...................................... $ 600,000 4 31 Funds allocated for purposes of the enrich Iowa program as 4 32 provided in this lettered paragraph shall be distributed by 4 33 the division of libraries and information services to provide 4 34 support for Iowa's libraries. 4 35 b. For maintenance and lease costs associated with part 5 1 III connections, notwithstanding section 8.57, subsection 5, 5 2 paragraph "c": 5 3 FY 2004-2005...................................... $ 2,727,000 5 4 c. For costs associated with the remodeling of the Jessie 5 5 Parker building: 5 6 FY 2004-2005...................................... $ 303,632 5 7 d. For allocation to the public broadcasting division for 5 8 costs of installation of digital and analog television for 5 9 Iowa public television facilities, notwithstanding section 5 10 8.57, subsection 5, paragraph "c": 5 11 FY 2004-2005...................................... $ 8,000,000 5 12 FY 2005-2006...................................... $ 8,000,000 5 13 FY 2006-2007...................................... $ 2,300,000 5 14 8. OFFICE OF THE GOVERNOR 5 15 For terrace hill quarters, to supplement the 5 16 appropriation made for this purpose in 2004 Iowa Acts, 5 17 Senate File 2298, Division I, if enacted, 5 18 notwithstanding section 8.57, subsection 5, paragraph 5 19 "c": 5 20 FY 2004-2005...................................... $ 100,000 5 21 9. DEPARTMENT OF HUMAN SERVICES 5 22 To provide a grant for the planning, design, and 5 23 construction of a residential treatment facility for youth 5 24 with emotional and behavioral disorders located in a central 5 25 Iowa county with a population of approximately 80,000: 5 26 FY 2004-2005...................................... $ 250,000 5 27 10. IOWA STATE FAIR AUTHORITY 5 28 For vertical infrastructure projects on the state 5 29 fairgrounds: 5 30 FY 2004-2005...................................... $ 250,000 5 31 For purposes of this subsection, "vertical infrastructure" 5 32 means the same as defined in section 8.57, subsection 5, 5 33 paragraph "c". 5 34 11. NATIONAL PROGRAM FOR PLAYGROUND SAFETY AT THE 5 35 UNIVERSITY OF NORTHERN IOWA 6 1 For the Iowa safe surfacing initiative, notwithstanding 6 2 section 8.57, subsection 5, paragraph "c": 6 3 .................................................. $ 500,000 6 4 Not more than 2.5 percent of the funds appropriated in this 6 5 subsection shall be used by the national program for 6 6 playground safety for administrative costs associated with the 6 7 Iowa safe surfacing initiative. 6 8 The crumb rubber playground tiles for the initiative shall 6 9 be international play equipment manufacturers association 6 10 (IPEMA)-certified to the American society for testing and 6 11 materials (ASTM) F1292 standard. 6 12 12. DEPARTMENT OF NATURAL RESOURCES 6 13 For costs associated with the planning, design, and 6 14 construction of a premier destination state park, 6 15 notwithstanding section 8.57, subsection 5, paragraph "c": 6 16 FY 2004-2005..................................... $ 500,000 6 17 13. DEPARTMENT OF PUBLIC DEFENSE 6 18 a. For planning, design, and construction of a national 6 19 guard readiness center in or near Iowa City: 6 20 FY 2004-2005...................................... $ 2,150,000 6 21 b. For maintenance and repair of national guard armories 6 22 and facilities: 6 23 FY 2004-2005...................................... $ 1,269,636 6 24 c. For construction of a new national guard armory at 6 25 Boone: 6 26 FY 2004-2005...................................... $ 1,096,000 6 27 14. IOWA DEPARTMENT OF PUBLIC HEALTH 6 28 For treatment of addictive disorders, to be utilized for 6 29 the benefit of persons with addictions, notwithstanding 6 30 section 8.57, subsection 5, paragraph "c": 6 31 FY 2004-2005...................................... $ 1,690,000 6 32 It is the intent of the general assembly that from the 6 33 moneys appropriated in this subsection, persons with a dual 6 34 diagnosis of substance abuse and gambling addictions shall be 6 35 given priority in treatment services. 7 1 15. DEPARTMENT OF PUBLIC SAFETY 7 2 a. For capitol building and judicial building security, 7 3 notwithstanding section 8.57, subsection 5, paragraph "c": 7 4 FY 2004-2005...................................... $ 800,000 7 5 b. To develop a capitol complex card access system, or 7 6 expand the current capitol building card access system, 7 7 through a competitive process, in order to provide a card 7 8 access system for the buildings and controlled-access parking 7 9 lots on the capitol complex that has complex-wide 7 10 compatibility, notwithstanding section 8.57, subsection 5, 7 11 paragraph "c": 7 12 FY 2004-2005...................................... $ 650,000 7 13 c. For costs of entering into a lease-purchase agreement 7 14 to upgrade the automated fingerprint identification system, 7 15 notwithstanding section 8.57, subsection 5, paragraph "c": 7 16 FY 2004-2005...................................... $ 550,000 7 17 d. For costs associated with improvements to Iowa's 7 18 electronic criminal information records system to comply with 7 19 national crime information center standards, notwithstanding 7 20 section 8.57, subsection 5, paragraph "c": 7 21 FY 2004-2005...................................... $ 500,000 7 22 e. To the division of fire safety of the department for 7 23 allocation to the fire service training bureau for the 7 24 planning, design, and construction of regional training 7 25 facilities in the state: 7 26 FY 2004-2005...................................... $ 150,000 7 27 f. To the division of fire safety of the department for 7 28 allocation to the fire service training bureau to be used for 7 29 the revolving loan program for equipment purchases by local 7 30 fire departments, not withstanding section 8.57, subsection 5, 7 31 paragraph "c": 7 32 FY 2004-2005...................................... $ 500,000 7 33 16. STATE DEPARTMENT OF TRANSPORTATION 7 34 a. For operation and maintenance of the network of 7 35 automated weather observation and data transfer systems 8 1 associated with the Iowa aviation weather system, the runway 8 2 marking program for public airports, the windsock program for 8 3 public airports, and the aviation improvement program, 8 4 notwithstanding section 8.57, subsection 5, paragraph "c": 8 5 FY 2004-2005...................................... $ 500,000 8 6 b. For vertical infrastructure improvements at the 8 7 commercial air service airports within the state: 8 8 FY 2004-2005...................................... $ 1,100,000 8 9 One-half of the funds appropriated in this lettered 8 10 paragraph shall be allocated equally between each commercial 8 11 service airport, 40 percent of the funds shall be allocated 8 12 based on the percentage that the number of enplaned passengers 8 13 at each commercial service airport bears to the total number 8 14 of enplaned passengers in the state during the previous fiscal 8 15 year, and 10 percent of the funds shall be allocated based on 8 16 the percentage that the air cargo tonnage at each commercial 8 17 service airport bears to the total air cargo tonnage in the 8 18 state during the previous fiscal year. In order for a 8 19 commercial service airport to receive funding under this 8 20 lettered paragraph, the airport shall be required to submit 8 21 applications for funding of specific projects to the 8 22 department for approval by the state transportation 8 23 commission. 8 24 c. For a vertical infrastructure improvement grant program 8 25 for improvements at general aviation airports within the 8 26 state: 8 27 FY 2004-2005...................................... $ 581,400 8 28 17. OFFICE OF TREASURER OF STATE 8 29 a. For county fair infrastructure improvements for 8 30 distribution in accordance with chapter 174 to qualified fairs 8 31 which belong to the association of Iowa fairs: 8 32 FY 2004-2005...................................... $ 1,060,000 8 33 b. For deposit in the vision Iowa fund, to be used for the 8 34 vision Iowa program, notwithstanding section 8.57, subsection 8 35 5, paragraph "c": 9 1 FY 2004-2005...................................... $ 2,000,000 9 2 c. For deposit in the community attraction and tourism 9 3 fund, to be used for the community attraction and tourism 9 4 program, notwithstanding section 8.57, subsection 5, paragraph 9 5 "c": 9 6 FY 2004-2005...................................... $ 2,000,000 9 7 18. COMMISSION OF VETERANS AFFAIRS 9 8 For deposit in the veterans trust fund established in 9 9 section 35A.13, notwithstanding section 8.57, subsection 5, 9 10 paragraph "c": 9 11 FY 2004-2005...................................... $ 1,000,000 9 12 Sec. 2. PAYMENTS IN LIEU OF TUITION. There is 9 13 appropriated from the rebuild Iowa infrastructure fund to the 9 14 state board of regents for the fiscal year beginning July 1, 9 15 2004, and ending June 30, 2005, the following amount, or so 9 16 much thereof as may be necessary, to be used for the purpose 9 17 designated: 9 18 For allocation by the state board of regents to the state 9 19 university of Iowa, the Iowa state university of science and 9 20 technology, and the university of northern Iowa to reimburse 9 21 the institutions for deficiencies in their operating funds 9 22 resulting from the pledging of tuitions, student fees and 9 23 charges, and institutional income to finance the cost of 9 24 providing academic and administrative buildings and facilities 9 25 and utility services at the institutions, notwithstanding 9 26 section 8.57, subsection 5, paragraph "c": 9 27 .................................................. $ 858,764 9 28 Sec. 3. REVERSION. Notwithstanding section 8.33, moneys 9 29 appropriated in sections 1 and 2 of this division of this Act 9 30 shall not revert at the close of the fiscal year for which 9 31 they were appropriated but shall remain available for the 9 32 purposes designated until the close of the fiscal year that 9 33 begins July 1, 2007, or until the project for which the 9 34 appropriation was made is completed, whichever is earlier. 9 35 Sec. 4. 2003 Iowa Acts, chapter 177, section 6, subsection 10 1 2, is amended to read as follows: 10 2 2. For costs associated with theplanning for the vacation10 3and demolitiondisposition of the Wallace building: 10 4 .................................................. $ 50,000 10 5 The amount appropriated in this subsection shall be used to 10 6 conduct a complete evaluation and analysis regarding the 10 7 condition of the Wallace building and to make a recommendation 10 8 to the general assembly no later than January 31, 2005, as to 10 9 whether the Wallace building should be renovated for future 10 10 use or vacated and demolished. The recommendation shall 10 11 include cost estimates for renovation of the building and for 10 12 its demolition. 10 13 Sec. 5. 2003 Iowa Acts, chapter 177, section 14, is 10 14 amended to read as follows: 10 15 SEC. 14. REVERSION. Notwithstanding section 8.33, moneys 10 16 appropriated in this division of this Act shall not revert at 10 17 the close of the fiscal year for which they were appropriated 10 18 but shall remain available for the purposes designated until 10 19 the close of the fiscal year that begins July 1,20062007, or 10 20 until the project for which the appropriation was made is 10 21 completed, whichever is earlier. 10 22 Sec. 6. 2003 Iowa Acts, chapter 179, section 140, is 10 23 amended to read as follows: 10 24 SEC. 140. Notwithstanding section 8.33, unencumbered and 10 25 unobligated funds remaining from the appropriation made in 10 26 1996 Iowa Acts, chapter 1218, section 13, subsection 2, 10 27 paragraph "a", subparagraph (2), as amended by 1997 Iowa Acts, 10 28 chapter 215, section 3, and from the appropriation made in 10 29 1997 Iowa Acts, chapter 215, section 4, subsection 1, shall 10 30 not revert but shall be available for the purposes designated 10 31 in those provisions until the close of the fiscal year 10 32 beginning July 1,20032004. 10 33 Of the amount of unencumbered and unobligated funds 10 34 identified in this section, $180,000 shall be used for the 10 35 purposes described in 2003 Iowa Acts, chapter 177, section 6, 11 1 subsection 2, as amended by this 2004 Act. 11 2 Sec. 7. 2002 Iowa Acts, chapter 1173, section 18, as 11 3 amended by 2003 Iowa Acts, chapter 179, section 39, is amended 11 4 to read as follows: 11 5 SEC. 18. POOLED TECHNOLOGY FUNDING – PRIOR ALLOCATIONS – 11 6 NONREVERSION. Notwithstanding section 8.33, moneys 11 7 appropriated and allocated in 2001 Iowa Acts, chapter 189, 11 8 section 5, subsection 1, which remain unobligated or 11 9 unexpended at the close of the fiscal year for which they were 11 10 appropriated shall not revert, but shall remain available for 11 11 expenditure for the purposes for which they were appropriated 11 12 and allocated, for the fiscal period beginning July 1, 2002, 11 13 and ending June 30,20042005. Notwithstanding the 11 14 expenditure limitation in this section, the information 11 15 technology enterprise within the department of administrative 11 16 services may expend available moneys in the pooled technology 11 17 account established in the office of the treasurer of state to 11 18 complete the comprehensive study required under 2003 Iowa 11 19 Acts, chapter 145, section 290, subsection 2, paragraph "c". 11 20 Of the available moneys in the pooled technology account, 11 21 $100,000 shall be transferred to the department of economic 11 22 development for the fiscal year beginning July 1, 2004, to be 11 23 used for the Iowa Lewis and Clark bicentennial commission 11 24 established pursuant to section 15.221. 11 25 Sec. 8. 2000 Iowa Acts, chapter 1225, section 2, as 11 26 amended by 2001 Iowa Acts, chapter 185, section 2, is amended 11 27 to read as follows: 11 28 SEC. 2. There is appropriated from the rebuild Iowa 11 29 infrastructure fund to the department of corrections for the 11 30 fiscal year beginning July 1, 2000, and ending June 30, 2001, 11 31 the following amounts, or so much thereof as is necessary, to 11 32 be used for the purposes designated: 11 33 1. To supplement funds appropriated in 1998 Iowa Acts, 11 34 chapter 1219, section 2, subsection 3, for construction of a 11 35 200-bed facility at the Iowa state penitentiary at Fort 12 1 Madison: 12 2 .................................................. $ 3,000,000 12 3 2. For community-based corrections projects: 12 4 .................................................. $ 900,000 12 5 The first $300,000 of the amount appropriated in this 12 6 subsection shall be allocated for community-based corrections 12 7 projects in Council Bluffs. The next $600,000 of the amount 12 8 appropriated in this subsection shall be allocated for 12 9 community-based corrections projects in the judicial district 12 10 in which the city of Davenport is located. These moneys may 12 11 be used by the department to enter into lease-purchasing 12 12 agreements or the payment of rent for such projects. 12 13 Notwithstanding section 8.33 and section 20 of this Act, 12 14 moneys appropriated in subsection 2 that remain unencumbered 12 15 or unobligated at the close of the fiscal year that begins 12 16 July 1, 2003, shall revert at the close of the fiscal year 12 17 that begins July 1, 2006. However, if the projects for which 12 18 the moneys are appropriated are completed in an earlier fiscal 12 19 year, unencumbered or unobligated moneys shall revert at the 12 20 close of that fiscal year. 12 21 Sec. 9. 2000 Iowa Acts, chapter 1225, section 19, 12 22 unnumbered paragraph 2, is amended to read as follows: 12 23 To supplement moneys appropriated in prior fiscal years for 12 24 construction of a new dining hall and food services facility 12 25 and renovation of the former Sheeler food preparation area: 12 26 .................................................. $ 992,000 12 27 Sec. 10. 2000 Iowa Acts, chapter 1225, section 20, is 12 28 amended to read as follows: 12 29 SEC. 20. REVERSION. Notwithstanding section 8.33, moneys 12 30 appropriated in this division of this Act that remain 12 31 unencumbered or unobligated at the close of the fiscal year 12 32 that begins July 1,20032004, shall revert at the close of 12 33 that fiscal year. However, if the projects for which the 12 34 moneys are appropriated are completed in an earlier fiscal 12 35 year, unencumbered or unobligated moneys shall revert at the 13 1 close of that fiscal year. 13 2 Sec. 11. GAMBLING TREATMENT FUND APPROPRIATION – REPEAL. 13 3 The section of 2004 Iowa Acts, Senate File 2298, appropriating 13 4 moneys from the gambling treatment fund to the Iowa department 13 5 of public health, if enacted, is repealed. 13 6 Sec. 12. Notwithstanding section 11.5B, for the fiscal 13 7 year beginning July 1, 2003, and ending June 30, 2004, the 13 8 auditor of state shall not be entitled to reimbursement for 13 9 performing any examination of the department of administrative 13 10 services or funds received by the department of administrative 13 11 services, except for an examination of the information 13 12 technology enterprise within the department of administrative 13 13 services and funds received by the information technology 13 14 enterprise. 13 15 Sec. 13. Sections 4, 6, 7, 8, 9, 10, and 12 of this 13 16 division of this Act, being deemed of immediate importance, 13 17 take effect upon enactment. 13 18 DIVISION II 13 19 ENVIRONMENT FIRST FUND 13 20 Sec. 14. There is appropriated from the environment first 13 21 fund to the following departments and agencies for the fiscal 13 22 year beginning July 1, 2004, and ending June 30, 2005, the 13 23 following amounts, or so much thereof as is necessary, to be 13 24 used for the purposes designated: 13 25 1. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 13 26 a. For the conservation reserve enhancement program to 13 27 restore and construct wetlands for the purposes of 13 28 intercepting tile line runoff, reducing nutrient loss, 13 29 improving water quality, and enhancing agricultural production 13 30 practices: 13 31 .................................................. $ 1,500,000 13 32 Not more than 5 percent of the moneys appropriated in this 13 33 lettered paragraph may be used for costs of administration and 13 34 implementation of soil and water conservation practices. 13 35 b. For continuation of a program that provides 14 1 multiobjective resource protections for flood control, water 14 2 quality, erosion control, and natural resource conservation: 14 3 .................................................. $ 2,700,000 14 4 Not more than 5 percent of the moneys appropriated in this 14 5 lettered paragraph may be used for costs of administration and 14 6 implementation of soil and water conservation practices. 14 7 c. For continuation of a statewide voluntary farm 14 8 management demonstration program to demonstrate the 14 9 effectiveness and adaptability of emerging practices in 14 10 agronomy that protect water resources and provide other 14 11 environmental benefits: 14 12 .................................................. $ 850,000 14 13 Not more than 5 percent of the moneys appropriated in this 14 14 lettered paragraph may be used for costs of administration and 14 15 implementation of soil and water conservation practices. 14 16 Of the amount appropriated in this lettered paragraph, 14 17 $400,000 shall be allocated to the Iowa soybean association's 14 18 agriculture and environment performance program. 14 19 d. For deposit in the alternative drainage system 14 20 assistance fund created in section 460.303 to be used for 14 21 purposes of supporting the alternative drainage system 14 22 assistance program as provided in section 460.304: 14 23 .................................................. $ 500,000 14 24 Not more than 5 percent of the moneys appropriated in this 14 25 lettered paragraph may be used for costs of administration and 14 26 implementation of soil and water conservation practices. 14 27 e. To provide financial assistance for the establishment 14 28 of permanent soil and water conservation practices: 14 29 .................................................. $ 5,500,000 14 30 (1) Not more than 5 percent of the moneys appropriated in 14 31 this lettered paragraph may be allocated for cost-sharing to 14 32 abate complaints filed under section 161A.47. 14 33 (2) Of the moneys appropriated in this lettered paragraph, 14 34 5 percent shall be allocated for financial incentives to 14 35 establish practices to protect watersheds above publicly owned 15 1 lakes of the state from soil erosion and sediment as provided 15 2 in section 161A.73. 15 3 (3) Not more than 30 percent of a district's allocation of 15 4 moneys as financial incentives may be provided for the purpose 15 5 of establishing management practices to control soil erosion 15 6 on land that is row-cropped, including but not limited to no- 15 7 till planting, ridge-till planting, contouring, and contour 15 8 strip-cropping as provided in section 161A.73. 15 9 (4) The state soil conservation committee created in 15 10 section 161A.4 may allocate moneys appropriated in this 15 11 lettered paragraph to conduct research and demonstration 15 12 projects to promote conservation tillage and nonpoint source 15 13 pollution control practices. 15 14 (5) The financial incentive payments may be used in 15 15 combination with department of natural resources moneys. 15 16 (6) Not more than 10 percent of the moneys appropriated in 15 17 this lettered paragraph may be used for costs of 15 18 administration and implementation of soil and water 15 19 conservation practices. 15 20 f. To encourage and assist farmers in enrolling in and the 15 21 implementation of federal conservation programs and work with 15 22 them to enhance their revegetation efforts to improve water 15 23 quality and habitat: 15 24 .................................................. $ 2,000,000 15 25 Not more than 5 percent of the moneys appropriated in this 15 26 lettered paragraph may be used for costs of administration and 15 27 implementation of soil and water conservation practices. 15 28 g. For deposit in the loess hills development and 15 29 conservation fund created in section 161D.2: 15 30 .................................................. $ 600,000 15 31 Of the amount appropriated in this lettered paragraph, 15 32 $400,000 shall be allocated to the hungry canyons account and 15 33 $200,000 shall be allocated to the loess hills alliance 15 34 account, to be used for the purposes for which the moneys in 15 35 those accounts are authorized to be used under chapter 161D. 16 1 No more than 5 percent of the moneys allocated to each account 16 2 in this lettered paragraph may be used for administrative 16 3 costs. 16 4 h. For deposit in the southern Iowa development and 16 5 conservation fund created in section 161D.12: 16 6 .................................................. $ 300,000 16 7 No more than 5 percent of the moneys appropriated in this 16 8 lettered paragraph may be used for administrative costs. 16 9 2. DEPARTMENT OF ECONOMIC DEVELOPMENT 16 10 For deposit in the brownfield redevelopment fund created in 16 11 section 15.293 to provide assistance under the brownfield 16 12 redevelopment program: 16 13 .................................................. $ 500,000 16 14 3. DEPARTMENT OF NATURAL RESOURCES 16 15 a. To provide local watershed managers with geographic 16 16 information system data for their use in developing, 16 17 monitoring, and displaying results of their watershed work: 16 18 .................................................. $ 195,000 16 19 b. For statewide coordination of volunteer efforts under 16 20 the water quality and keepers of the land programs: 16 21 .................................................. $ 100,000 16 22 c. For continuing the establishment and operation of water 16 23 quality monitoring stations: 16 24 .................................................. $ 2,955,000 16 25 d. For deposit in the administration account of the water 16 26 quality protection fund, to carry out the purposes of that 16 27 account: 16 28 .................................................. $ 500,000 16 29 e. For air quality monitoring equipment: 16 30 .................................................. $ 500,000 16 31 f. For the dredging of lakes, including necessary 16 32 preparation for dredging, in accordance with the department's 16 33 classification of Iowa lakes restoration report: 16 34 .................................................. $ 1,000,000 16 35 The department shall consider the following criteria for 17 1 funding lake dredging projects as provided in this lettered 17 2 paragraph, and shall prioritize projects based on the 17 3 following: 17 4 (1) Documented efforts to address watershed protection, 17 5 considering testing, conservation efforts, and amount of time 17 6 devoted to watershed protection. 17 7 (2) Protection of a natural resource and natural habitat. 17 8 (3) Percentage of public access and undeveloped lakefront 17 9 property. 17 10 (4) Continuation of current projects partially funded by 17 11 state resources to achieve department recommendations. 17 12 g. For purposes of funding capital projects for the 17 13 purposes specified in section 452A.79, and for expenditures 17 14 for the local cost share grants to be used for capital 17 15 expenditures to local governmental units for boating 17 16 accessibility: 17 17 .................................................. $ 2,300,000 17 18 h. For regular maintenance of state parks and staff time 17 19 associated with these activities: 17 20 .................................................. $ 2,000,000 17 21 RESOURCES ENHANCEMENT AND PROTECTION FUND 17 22 Sec. 15. Notwithstanding the amount of the standing 17 23 appropriation from the general fund of the state under section 17 24 455A.18, subsection 3, there is appropriated from the 17 25 environment first fund to the Iowa resources enhancement and 17 26 protection fund, in lieu of the appropriation made in section 17 27 455A.18, for the fiscal year beginning July 1, 2004, and 17 28 ending June 30, 2005, the following amount, to be allocated as 17 29 provided in section 455A.19: 17 30 .................................................. $ 11,000,000 17 31 Sec. 16. REVERSION. 17 32 1. Except as provided in subsection 2, and notwithstanding 17 33 section 8.33, moneys appropriated in this division of this Act 17 34 that remain unencumbered or unobligated shall not revert at 17 35 the close of the fiscal year for which they were appropriated 18 1 but shall remain available for the purposes designated until 18 2 the close of the fiscal year beginning July 1, 2005, or until 18 3 the project for which the appropriation was made is completed, 18 4 whichever is earlier. 18 5 2. Notwithstanding section 8.33, moneys appropriated in 18 6 this division of this Act to the department of agriculture and 18 7 land stewardship to provide financial assistance for the 18 8 establishment of permanent soil and water conservation 18 9 practices that remain unencumbered or unobligated at the close 18 10 of the fiscal year shall not revert but shall remain available 18 11 for expenditure for the purposes designated until the close of 18 12 the fiscal year that begins July 1, 2007. 18 13 DIVISION III 18 14 TOBACCO SETTLEMENT TRUST FUND 18 15 Sec. 17. There is appropriated from the tax-exempt bond 18 16 proceeds restricted capital funds account of the tobacco 18 17 settlement trust fund to the following departments and 18 18 agencies for the fiscal year beginning July 1, 2004, and 18 19 ending June 30, 2005, the following amounts, or so much 18 20 thereof as is necessary, to be used for the purposes 18 21 designated: 18 22 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 18 23 a. For the payment of claims relating to the purchase and 18 24 implementation of an integrated information for Iowa system, 18 25 notwithstanding section 12E.12, subsection 1, paragraph "b", 18 26 subparagraph (1): 18 27 .................................................. $ 6,049,284 18 28 b. For capitol interior restoration: 18 29 .................................................. $ 3,500,000 18 30 2. TAX-EXEMPT STATUS – USE OF APPROPRIATIONS. Payment of 18 31 moneys from the appropriations in this section shall be made 18 32 in a manner that does not adversely affect the tax-exempt 18 33 status of any outstanding bonds issued by the tobacco 18 34 settlement authority. 18 35 3. REVERSION. Notwithstanding section 8.33, moneys 19 1 appropriated in this section shall not revert at the close of 19 2 the fiscal year for which they were appropriated but shall 19 3 remain available for the purposes designated until the close 19 4 of the fiscal year that begins July 1, 2006, or until the 19 5 project for which the appropriation was made is completed, 19 6 whichever is earlier. 19 7 Sec. 18. PAYMENTS IN LIEU OF TUITION. There is 19 8 appropriated from the tax-exempt bond proceeds restricted 19 9 capital funds account of the tobacco settlement trust fund of 19 10 the state to the state board of regents for the fiscal year 19 11 beginning July 1, 2004, and ending June 30, 2005, the 19 12 following amount, or so much thereof as is necessary, to be 19 13 used for the purpose designated: 19 14 For allocation by the state board of regents to the state 19 15 university of Iowa, the Iowa state university of science and 19 16 technology, and the university of northern Iowa to reimburse 19 17 the institutions for deficiencies in their operating funds 19 18 resulting from the pledging of tuitions, student fees and 19 19 charges, and institutional income to finance the cost of 19 20 providing academic and administrative buildings and facilities 19 21 and utility services at the institutions, notwithstanding 19 22 section 12E.12, subsection 1, paragraph "b", subparagraph (1): 19 23 .................................................. $ 10,437,174 19 24 Sec. 19. IOWA COMMUNICATIONS NETWORK DEBT SERVICE. There 19 25 is appropriated from the tax-exempt bond proceeds restricted 19 26 capital funds account of the tobacco settlement trust fund to 19 27 the office of the treasurer of state for the fiscal year 19 28 beginning July 1, 2004, and ending June 30, 2005, the 19 29 following amount, or so much thereof as is necessary, to be 19 30 used for the purpose designated: 19 31 For debt service for the Iowa communications network, 19 32 notwithstanding section 12E.12, subsection 1, paragraph "b", 19 33 subparagraph (1): 19 34 .................................................. $ 13,039,778 19 35 Funds appropriated in this section shall be deposited in a 20 1 separate fund established in the office of the treasurer of 20 2 state to be used solely for debt service for the Iowa 20 3 communications network. The Iowa telecommunications and 20 4 technology commission shall certify to the treasurer of state 20 5 when a debt service payment is due, and upon receipt of the 20 6 certification, the treasurer shall make the payment. The 20 7 commission shall pay any additional amount due from funds 20 8 deposited in the Iowa communications network fund. 20 9 Sec. 20. PRISON DEBT SERVICE. There is appropriated from 20 10 the tax-exempt bond proceeds restricted capital funds account 20 11 of the tobacco settlement trust fund to the office of the 20 12 treasurer of state for the fiscal year beginning July 1, 2004, 20 13 and ending June 30, 2005, the following amount, or so much 20 14 thereof as is necessary, to be used for the purpose 20 15 designated: 20 16 For repayment of prison infrastructure bonds under section 20 17 16.177, notwithstanding section 12E.12, subsection 1, 20 18 paragraph "b", subparagraph (1): 20 19 .................................................. $ 5,413,324 20 20 Sec. 21. ENDOWMENT FOR IOWA'S HEALTH ACCOUNT – TRANSFER 20 21 TO REBUILD IOWA INFRASTRUCTURE FUND. Notwithstanding 2001 20 22 Iowa Acts, chapter 174, section 1, subsection 1, as amended by 20 23 2002 Iowa Acts, chapter 1167, section 4, 2002 Iowa Acts, 20 24 chapter 1174, section 8, and 2002 Iowa Acts, chapter 1175, 20 25 section 95, there is transferred from the endowment for Iowa's 20 26 health account of the tobacco settlement trust fund created in 20 27 section 12E.12 to the rebuild Iowa infrastructure fund for the 20 28 fiscal year beginning July 1, 2004, and ending June 30, 2005, 20 29 the following amount: 20 30 .................................................. $ 10,966,960 20 31 Notwithstanding section 8.33, moneys transferred in this 20 32 section shall not revert. 20 33 Sec. 22. 2003 Iowa Acts, chapter 177, section 23, 20 34 subsection 3, is amended to read as follows: 20 35 3. Notwithstanding section 8.33, moneys appropriated in 21 1 this section shall not revert at the close of the fiscal year 21 2 for which they were appropriated, but shall remain available 21 3 for the purpose designated until the close of the fiscal year 21 4 that begins July 1,20082006, or until the project for which 21 5 the appropriation was made is completed, whichever is earlier. 21 6 Sec. 23. 2003 Iowa Acts, chapter 177, section 22, 21 7 subsection 8, is amended to read as follows: 21 8 8. DEPARTMENT OF PUBLIC SAFETY 21 9 For improvements to the capitol complex security system, 21 10 notwithstanding section 12E.12, subsection 1, paragraph "b", 21 11 subparagraph (1): 21 12 .................................................. $ 1,000,000 21 13 The moneys appropriated in this subsection may be used to 21 14 develop a capitol complex card access system, or expand the 21 15 current capitol building card access system, through a 21 16 competitive process, in order to provide a card access system 21 17 for the buildings and controlled-access parking lots on the 21 18 capitol complex that has complex-wide compatibility. 21 19 Sec. 24. 2002 Iowa Acts, chapter 1173, section 1, 21 20 subsection 7, paragraph a, is amended to read as follows: 21 21 a. For parking improvements and provision of street access 21 22 for the judicial building: 21 23 FY 2002-2003 ..................................... $ 700,000 21 24 FY 2003-2004 ..................................... $ 0 21 25 FY 2004-2005 ..................................... $ 0 21 26 FY 2005-2006 ..................................... $ 0 21 27 Of the amount appropriated in this lettered paragraph for 21 28 FY 2002-2003, up to $330,000 may be used for costs associated 21 29 with operation of the judicial building, notwithstanding 21 30 section 12E.12, subsection 1, paragraph "b", subparagraph (1). 21 31 DIVISION IV 21 32 MISCELLANEOUS FUNDS 21 33 Sec. 25. HELP AMERICA VOTE ACT. There is appropriated 21 34 from the general fund of the state to the office of the 21 35 secretary of state for the fiscal year beginning July 1, 2003, 22 1 and ending June 30, 2004, the following amount, or so much 22 2 thereof as is necessary, to be used for the purposes 22 3 designated: 22 4 For the purchase and installation of voting machines to 22 5 implement the federal Help America Vote Act (HAVA): 22 6 .................................................. $ 765,000 22 7 Of the federal funds drawn down pursuant to HAVA, not less 22 8 than 80 percent shall be distributed to counties for the 22 9 implementation of that Act. 22 10 The state commissioner of elections shall report to the 22 11 general assembly regarding the expenditure of the moneys 22 12 appropriated in this subsection by January 2, 2005, and July 22 13 1, 2005. 22 14 Notwithstanding section 8.33, moneys appropriated in this 22 15 section that remain unencumbered or unobligated at the close 22 16 of the fiscal year shall not revert but shall remain available 22 17 for expenditure for the purposes designated until the close of 22 18 the succeeding fiscal year. 22 19 Sec. 26. GENERAL FUND APPROPRIATIONS. 22 20 1. There is appropriated from the general fund of the 22 21 state to the state department of transportation for the fiscal 22 22 year beginning July 1, 2004, and ending June 30, 2005, the 22 23 following amount, or so much thereof as is necessary, to be 22 24 used for the purposes designated: 22 25 For the rail assistance program and to provide economic 22 26 development project funding: 22 27 .................................................. $ 100,751 22 28 2. There is appropriated from the general fund of the 22 29 state to the racing and gaming commission within the 22 30 department of inspections and appeals for the fiscal year 22 31 beginning July 1, 2004, and ending June 30, 2005, in addition 22 32 to any other appropriation made by the general assembly, the 22 33 following amount, or so much thereof as is necessary, to be 22 34 used for the purposes designated: 22 35 For salaries, support, maintenance, and miscellaneous 23 1 purposes for the regulation of pari-mutual racetracks: 23 2 .................................................. $ 217,161 23 3 The funds appropriated in this subsection shall be used for 23 4 one additional gaming representative at each of the three 23 5 licensed racetracks. 23 6 Sec. 27. PRIMARY ROAD FUND APPROPRIATION. There is 23 7 appropriated from the primary road fund to the department of 23 8 administrative services for the fiscal year beginning July 1, 23 9 2004, and ending June 30, 2005, the following amount, or so 23 10 much thereof as is necessary, to be used for distribution to 23 11 the state department of transportation: 23 12 .................................................. $ 465,491 23 13 Moneys appropriated in this section shall be separately 23 14 accounted for in a distribution account and shall be 23 15 distributed to the state department of transportation to pay 23 16 for services provided the state department of transportation 23 17 by the department of administrative services as described in 23 18 chapter 8A. 23 19 Sec. 28. ROAD USE TAX FUND APPROPRIATION. There is 23 20 appropriated from the road use tax fund to the department of 23 21 administrative services for the fiscal year beginning July 1, 23 22 2004, and ending June 30, 2005, the following amount, or so 23 23 much thereof as is necessary, to be used for distribution to 23 24 the state department of transportation: 23 25 .................................................. $ 76,059 23 26 Moneys appropriated in this section shall be separately 23 27 accounted for in a distribution account and shall be 23 28 distributed to the state department of transportation to pay 23 29 for services provided the state department of transportation 23 30 by the department of administrative services as described in 23 31 chapter 8A. 23 32 Sec. 29. TRANSFER AND DEPOSIT OF SURPLUS MONEYS IN LOCAL 23 33 HOUSING ASSISTANCE PROGRAM FUND. The sum of $800,000 is 23 34 transferred from moneys declared by the Iowa finance authority 23 35 under section 16.10 to be surplus moneys to the housing trust 24 1 fund created in section 16.181 for the fiscal year beginning 24 2 July 1, 2004, and ending June 30, 2005. 24 3 Sec. 30. 2003 Iowa Acts, chapter 171, section 2, is 24 4 amended by inserting the following new unnumbered paragraph: 24 5 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, 24 6 moneys appropriated in subsection 1 that remain unencumbered 24 7 or unobligated at the close of the fiscal year shall not 24 8 revert but shall remain available for expenditure until the 24 9 close of the fiscal year that begins July 1, 2004, for the 24 10 purpose of restocking the department's salt storage. 24 11 Sec. 31. DEPARTMENT OF TRANSPORTATION – PERSONNEL 24 12 SERVICES PAYMENT – REPEAL. The portion of 2004 Iowa Acts, 24 13 Senate File 2298, relating to payments by the state department 24 14 of transportation to the department of administrative services 24 15 for personnel services provided, if enacted, is repealed. 24 16 Sec. 32. EFFECTIVE DATE. 24 17 1. The section of this division of this Act providing an 24 18 appropriation for implementation of the federal Help America 24 19 Vote Act, being deemed of immediate importance, takes effect 24 20 upon enactment. 24 21 2. The section of this division of this Act, amending 2003 24 22 Iowa Acts, chapter 171, section 2, being deemed of immediate 24 23 importance, takes effect upon enactment. 24 24 DIVISION V 24 25 CODE CHANGES 24 26 Sec. 33. Section 80.9, subsection 2, paragraph f, Code 24 27 2003, is amended to read as follows: 24 28 f. Provide protection and security for persons and 24 29 property on the grounds of the state capitol complex. 24 30 Notwithstanding chapter 8A or any other provision of law, the 24 31 department shall be solely responsible for the purchase, 24 32 installation, and maintenance of, including making any 24 33 improvements or additions to, executive branch capitol complex 24 34 security systems or equipment, including the changing of locks 24 35 and issuance of keys, access cards, and identification badges. 25 1 The department of administrative services shall cooperate with 25 2 the department of public safety in executing the department's 25 3 duties under this paragraph. 25 4 DIVISION VI 25 5 MISCELLANEOUS PROVISIONS 25 6 Sec. 34. Section 8.57, subsection 5, Code Supplement 2003, 25 7 is amended by adding the following new paragraph: 25 8 NEW PARAGRAPH. g. Notwithstanding any other provision to 25 9 the contrary, and prior to the appropriation of moneys from 25 10 the rebuild Iowa infrastructure fund pursuant to paragraph 25 11 "c", and section 8.57A, subsection 4, moneys shall first be 25 12 appropriated from the rebuild Iowa infrastructure fund to the 25 13 vertical infrastructure fund as provided in section 8.57B, 25 14 subsection 4. 25 15 Sec. 35. NEW SECTION. 8.57B VERTICAL INFRASTRUCTURE 25 16 FUND. 25 17 1. A vertical infrastructure fund is created under the 25 18 authority of the department of management. The fund shall 25 19 consist of appropriations made to the fund and transfers of 25 20 interest, earnings, and moneys from other funds as provided by 25 21 law. The fund shall be separate from the general fund of the 25 22 state and the balance in the fund shall not be considered part 25 23 of the balance of the general fund of the state. However, the 25 24 fund shall be considered a special account for the purposes of 25 25 section 8.53, relating to generally accepted accounting 25 26 principles. 25 27 2. Notwithstanding section 12C.7, subsection 2, interest 25 28 or earnings on moneys in the vertical infrastructure fund 25 29 shall be credited to the rebuild Iowa infrastructure fund. 25 30 3. Moneys in the fund in a fiscal year shall be used as 25 31 appropriated by the general assembly for public vertical 25 32 infrastructure projects. For the purposes of this section, 25 33 "vertical infrastructure" includes only land acquisition and 25 34 construction, major renovation, and major repair of buildings, 25 35 all appurtenant structures, utilities, and site development. 26 1 "Vertical infrastructure" does not include routine, recurring 26 2 maintenance, debt service, or operational expenses or leasing 26 3 of a building, appurtenant structure, or utility without a 26 4 lease-purchase agreement. 26 5 4. There is appropriated from the rebuild Iowa 26 6 infrastructure fund to the vertical infrastructure fund, the 26 7 following: 26 8 a. For the fiscal year beginning July 1, 2005, and ending 26 9 June 30, 2006, the sum of twenty-five million dollars. 26 10 b. For the fiscal year beginning July 1, 2006, and ending 26 11 June 30, 2007, the sum of fifty million dollars. 26 12 c. For the fiscal year beginning July 1, 2007, and ending 26 13 June 30, 2008, the sum of seventy-five million dollars. 26 14 d. For the fiscal year beginning July 1, 2008, and each 26 15 fiscal year thereafter, the sum of one hundred million 26 16 dollars. 26 17 Sec. 36. Section 8D.13, subsection 12, Code Supplement 26 18 2003, is amended to read as follows: 26 19 12. The commission, on its own or as recommended by an 26 20 advisory committee of the commission and approved by the 26 21 commission, shall permit a fee to be charged by a receiving 26 22 site to the originator of the communication provided on the 26 23 network. The fee charged shall be for the purpose of 26 24 recovering the operating costs of a receiving site. The fee 26 25 charged shall be reduced by an amount received by the 26 26 receiving site pursuant to a state appropriation for such 26 27 costs, or federal assistance received for such costs. Fees 26 28 established under this subsection shall be paid by the 26 29 originator of the communication directly to the receiving 26 30 site. In the event that an entity requests a receiving site 26 31 location in a video classroom facility which is authorized by, 26 32 but not funded by, the originator of the communication, the 26 33 requesting entity shall be directly billed by the video 26 34 classroom facility for operating costs relating to the 26 35 communication. For purposes of this section, "operating 27 1 costs" include the costs associated with the management or 27 2 coordination, operations, utilities, classroom, equipment, 27 3 maintenance, and other costs directly related to providing the 27 4 receiving site. 27 5 Sec. 37. Section 15E.208, subsection 3, paragraph b, 27 6 subparagraph (2), Code Supplement 2003, is amended by adding 27 7 the following new subparagraph subdivisions: 27 8 NEW SUBPARAGRAPH SUBDIVISION. (c) Notwithstanding any 27 9 provision of this section or this division to the contrary, 27 10 the department shall forgive all interest on the principal 27 11 balance of the loan granted by the corporation to an eligible 27 12 person and assigned to the department pursuant to this 27 13 subparagraph during calendar year 2003, whether such interest 27 14 has accrued prior to the effective date of this Act or will 27 15 accrue on or after the effective date of this Act. In 27 16 addition, each principal payment due under the assigned loan 27 17 shall be deferred for three years from its respective payment 27 18 date. 27 19 NEW SUBPARAGRAPH SUBDIVISION. (d) This subparagraph 27 20 subdivision applies to the annual amount that the corporation 27 21 is required to repay the department pursuant to this 27 22 subparagraph and the annual amount that the department is 27 23 required to deposit into the road use tax fund pursuant to 27 24 subsection 8. That amount shall at least equal four percent 27 25 of the total amount of the Iowa agricultural industry finance 27 26 loan that the department awarded to the corporation. However, 27 27 the amount required to be repaid to the department and 27 28 deposited into the road use tax fund shall never be less than 27 29 one million dollars. The amount shall not be altered by any 27 30 financing provided to an eligible person or other transfer of 27 31 moneys made by the corporation, including but not limited to a 27 32 loan made by the corporation the assignment of which the 27 33 department has accepted pursuant to this subparagraph. 27 34 Sec. 38. Section 28M.1, if enacted by 2004 Iowa Acts, 27 35 Senate File 2284, section 1, is amended by adding the 28 1 following new subsection: 28 2 NEW SUBSECTION. 3. "Transportation" means the movement of 28 3 individuals in a four or more wheeled motorized vehicle 28 4 designed to carry passengers, including a car, van, or bus, or 28 5 the carrying of individuals upon cars operated upon stationary 28 6 rails, between one geographic point and another geographic 28 7 point. "Transportation" does not include emergency or 28 8 incidental transportation or transportation conducted by the 28 9 department of human services at its institutions. 28 10 Sec. 39. Section 28M.2, subsections 1 and 3, if enacted by 28 11 2004 Iowa Acts, Senate File 2284, section 2, are amended to 28 12 read as follows: 28 13 1. A county with a population in excess ofthreeone 28 14 hundred seventy-five thousand and participating cities may 28 15 create, by chapter 28E agreement, a regional transit district 28 16 in the county pursuant to this chapter. Two or more 28 17 contiguous counties and participating cities may create, by 28 18 chapter 28E agreement, a regional transit district pursuant to 28 19 this chapter if one of the counties has a population in excess 28 20 ofthreeone hundred seventy-five thousand. A district shall 28 21 consist of the unincorporated area of any participating county 28 22 and the incorporated area of any city in the county that does 28 23 not have an urban transit system. However, a city without an 28 24 urban transit system may decline, by resolution forwarded to 28 25 the board of supervisors, to participate in a regional transit 28 26 district. 28 27 3. A city that is located in a nonparticipating county 28 28 that is contiguous to a county with a population in excess of 28 29threeone hundred seventy-five thousand that is creating a 28 30 regional transit district may notify that county, by 28 31 resolution forwarded to the board of supervisors of that 28 32 county, that the city wishes to participate. 28 33 Sec. 40. Section 28M.5, subsection 1, unnumbered paragraph 28 34 2, if enacted by 2004 Iowa Acts, Senate File 2284, section 5, 28 35 is amended to read as follows: 29 1 The amount of the regional transit district levy that is 29 2 the responsibility of a participating county shall be deducted 29 3 from the maximum rates of taxes authorized to be levied by the 29 4 county pursuant to section 331.423, subsections 1 and 2, as 29 5 applicable. However, for a regional transit district that 29 6 includes a county with a population of less than three hundred 29 7 thousand, the amount of the regional transit district levy 29 8 that is the responsibility of a participating county shall be 29 9 deducted from the maximum rate of taxes authorized to be 29 10 levied by the county pursuant to section 331.423, subsection 29 11 1. 29 12 Sec. 41. Section 35A.2, subsection 2, Code 2003, as 29 13 amended by 2004 Iowa Acts, Senate File 2298, if enacted, is 29 14 amended to read as follows: 29 15 2.SixEight commissioners shall be honorably discharged 29 16 members of the armed forces of the United States. The 29 17 American legion of Iowa, disabled American veterans department 29 18 of Iowa, veterans of foreign wars department of Iowa, American 29 19 veterans of World War II, Korea, and Vietnam, the Vietnam 29 20 veterans of America, and the military order of the purple 29 21 heart, through their department commanders, shall submit two 29 22 names respectively from their organizations to the governor. 29 23 The adjutant general and the Iowa affiliate of the reserve 29 24 officers association shall submit names to the governor of 29 25 persons to represent the Iowa national guard and the 29 26 association. The governor shall appoint from the group of 29 27 names submitted by the adjutant general and reserve officers 29 28 association two representatives and from each of the other 29 29 organizations one representative to serve as a member of the 29 30 commission, unless the appointments would conflict with the 29 31 bipartisan and gender balance provisions of sections 69.16 and 29 32 69.16A. In addition, the governor shall appointthree members29 33 one member of the public, knowledgeable in the general field 29 34 of veterans affairs, to serve on the commission. 29 35 Sec. 42. Section 35D.13, subsection 2, Code 2003, as 30 1 amended by 2004 Iowa Acts, Senate File 2298, if enacted, is 30 2 amended to read as follows: 30 3 2. The commandant shall be a resident of the state of Iowa 30 4 who served in the armed forces of the United States and was 30 5 honorably discharged, and is a licensed nursing home 30 6 administrator. 30 7 Sec. 43. Section 147.1, subsection 2, paragraph c, Code 30 8 2003, is amended to read as follows: 30 9 c. "Licensed" or "certified" when applied to a physician 30 10 and surgeon, podiatric physician, osteopath, osteopathic 30 11 physician and surgeon, physician assistant, psychologist or 30 12 associate psychologist, chiropractor, nurse, dentist, dental 30 13 hygienist, optometrist, speech pathologist, audiologist, 30 14 pharmacist, physical therapist, occupational therapist, 30 15 respiratory care practitioner, practitioner of cosmetology 30 16 arts and sciences, practitioner of barbering, funeral 30 17 director, dietitian, marital and family therapist, mental 30 18 health counselor, social worker, massage therapist, athletic 30 19 trainer,oracupuncturist, or interpreter for the hearing 30 20 impaired, means a person licensed under this subtitle. 30 21 Sec. 44. Section 147.1, subsection 2, paragraph f, Code 30 22 2003, is amended to read as follows: 30 23 f. "Profession" means medicine and surgery, podiatry, 30 24 osteopathy, osteopathic medicine and surgery, practice as a 30 25 physician assistant, psychology, chiropractic, nursing, 30 26 dentistry, dental hygiene, optometry, speech pathology, 30 27 audiology, pharmacy, physical therapy, occupational therapy, 30 28 respiratory care, cosmetology arts and sciences, barbering, 30 29 mortuary science, marital and family therapy, mental health 30 30 counseling, social work, dietetics, massage therapy, athletic 30 31 training,oracupuncture, or interpreting for the hearing 30 32 impaired. 30 33 Sec. 45. Section 147.2, unnumbered paragraph 1, Code 2003, 30 34 is amended to read as follows: 30 35 A person shall not engage in the practice of medicine and 31 1 surgery, podiatry, osteopathy, osteopathic medicine and 31 2 surgery, psychology, chiropractic, physical therapy, nursing, 31 3 dentistry, dental hygiene, optometry, speech pathology, 31 4 audiology, occupational therapy, respiratory care, pharmacy, 31 5 cosmetology, barbering, social work, dietetics, marital and 31 6 family therapy or mental health counseling, massage therapy, 31 7 mortuary science,oracupuncture, or interpreting for the 31 8 hearing impaired, or shall not practice as a physician 31 9 assistant as defined in the following chapters of this 31 10 subtitle, unless the person has obtained from the department a 31 11 license for that purpose. 31 12 Sec. 46. Section 147.13, Code 2003, is amended by adding 31 13 the following new subsection: 31 14 NEW SUBSECTION. 21. For interpreters, interpreter for the 31 15 hearing impaired examiners. 31 16 Sec. 47. Section 147.14, Code 2003, is amended by adding 31 17 the following new subsection: 31 18 NEW SUBSECTION. 21. For interpreting for the hearing 31 19 impaired, four members licensed to practice interpreting, 31 20 three of whom shall be practicing interpreters at the time of 31 21 appointment to the board and at least one of whom is employed 31 22 in an educational setting; and three members who are consumers 31 23 of interpreting services as defined in section 154E.1, each of 31 24 whom shall be deaf. A majority of members of the board 31 25 constitutes a quorum. 31 26 Sec. 48. Section 147.74, Code Supplement 2003, is amended 31 27 by adding the following new subsection: 31 28 NEW SUBSECTION. 21A. An interpreter licensed under 31 29 chapter 154E and this chapter may use the title "licensed 31 30 interpreter" or the letters "L.I." after the person's name. 31 31 Sec. 49. Section 147.80, Code Supplement 2003, is amended 31 32 by adding the following new subsection: 31 33 NEW SUBSECTION. 28A. License to practice interpreting, 31 34 license to practice interpreting under a reciprocal license, 31 35 or renewal of a license to practice interpreting. 32 1 Sec. 50. NEW SECTION. 154E.1 DEFINITIONS. 32 2 As used in this chapter, unless the context otherwise 32 3 requires: 32 4 1. "Board" means the board of interpreter for the hearing 32 5 impaired examiners established in chapter 147. 32 6 2. "Consumer" means an individual utilizing interpreting 32 7 services who uses spoken English, American sign language, or a 32 8 manual form of English. 32 9 3. "Department" means the Iowa department of public 32 10 health. 32 11 4. "Interpreter training program" means a post-secondary 32 12 education program training individuals to interpret or 32 13 transliterate. 32 14 5. "Interpreting" means facilitating communication between 32 15 individuals who communicate via American sign language and 32 16 individuals who communicate via spoken English. 32 17 6. "Licensee" means any person licensed to practice 32 18 interpreting or transliterating for deaf, hard-of-hearing, and 32 19 hearing individuals in the state of Iowa. 32 20 7. "Transliterating" means facilitating communication 32 21 between individuals who communicate via a manual form of 32 22 English and individuals who communicate via spoken English. 32 23 Sec. 51. NEW SECTION. 154E.2 DUTIES OF THE BOARD. 32 24 The board shall administer this chapter. The board's 32 25 duties shall include, but are not limited to, the following: 32 26 1. Adopt rules consistent with this chapter and with 32 27 chapter 147 which are necessary for the performance of its 32 28 duties. 32 29 2. Act on matters concerning licensure and the process of 32 30 applying for, granting, suspending, imposing supervisory or 32 31 probationary conditions upon, reinstating, and revoking a 32 32 license. 32 33 3. Establish and collect licensure fees. The board shall 32 34 establish the amounts of license and renewal fees based upon 32 35 the actual costs of sustaining the board and the actual costs 33 1 of issuing the licenses, and all fees collected shall be 33 2 deposited with the treasurer of state who shall deposit them 33 3 in the general fund of the state. 33 4 4. Administer the provisions of this chapter regarding 33 5 documentation required to demonstrate competence as an 33 6 interpreter, and the processing of applications for licenses 33 7 and license renewals. 33 8 5. Establish and maintain as a matter of public record a 33 9 registry of interpreters licensed pursuant to this chapter. 33 10 6. Develop continuing education requirements as a 33 11 condition of license renewal. 33 12 7. Evaluate requirements for licensure in other states to 33 13 determine if reciprocity may be granted. 33 14 Sec. 52. NEW SECTION. 154E.3 REQUIREMENTS FOR LICENSURE. 33 15 On or after July 1, 2005, every person providing 33 16 interpreting or transliterating services in this state shall 33 17 be licensed pursuant to this chapter. The board shall adopt 33 18 rules pursuant to chapters 17A, 147, and 272C establishing 33 19 procedures for the licensing of new and existing interpreters. 33 20 Prior to obtaining licensure, an applicant shall successfully 33 21 pass an examination prescribed and approved by the board, 33 22 demonstrating the following: 33 23 1. VOICE-TO-SIGN INTERPRETATION. An applicant shall 33 24 demonstrate proficiency at: 33 25 a. Message equivalence, producing a true and accurate 33 26 signed form of the spoken message, maintaining the integrity 33 27 of content and meaning, and exhibiting few omissions, 33 28 substitutions, or other errors. 33 29 b. Affect, producing nonmanual grammar consistent with the 33 30 intent and emotion of the speaker, and exhibiting no 33 31 distracting mannerisms. 33 32 c. Vocabulary choice, making correct sign choices 33 33 appropriate to the setting and consumers, applying facial 33 34 grammar consistent with sign choice, selecting signs that 33 35 remain true to speaker's intent, and demonstrating lexical 34 1 variety. 34 2 d. Fluency, displaying confidence in production, 34 3 exhibiting a strong command of American sign language or 34 4 manual codes for English, applying nonmanual behaviors 34 5 consistent with the speaker's intent, and demonstrating 34 6 understanding of and sensitivity to cultural differences. 34 7 2. SIGN-TO-VOICE INTERPRETATION. An applicant shall 34 8 demonstrate proficiency at: 34 9 a. Message equivalence, producing a true and accurate 34 10 spoken form of the signed message, maintaining the integrity 34 11 of content and meaning, and exhibiting few omissions, 34 12 substitutions, or other errors. 34 13 b. Affect, producing inflection consistent with the intent 34 14 and emotion of the speaker, and exhibiting no distracting 34 15 mannerisms. 34 16 c. Vocabulary choice, making correct word choices 34 17 appropriate to the setting and consumers, using vocal 34 18 inflection consistent with word choice, selecting words that 34 19 remain true to the speaker's intent, and demonstrating lexical 34 20 variety. 34 21 d. Fluency, displaying confidence in production, 34 22 exhibiting a strong command of English in both spoken and 34 23 written forms, applying vocal inflections consistent with the 34 24 speaker's intent, and demonstrating understanding of and 34 25 sensitivity to cultural differences. 34 26 3. PROFESSIONAL CONDUCT. An applicant shall demonstrate: 34 27 a. Proficiency in functioning as a communicator of 34 28 messages between the sender and receiver, and educating 34 29 consumers of services about the functions and logistics of the 34 30 interpreting process. 34 31 b. An impartial demeanor, refraining from interjecting 34 32 opinions or advice and from aligning with one party over 34 33 another. An applicant shall treat all people fairly and 34 34 respectfully regardless of their relationship to the 34 35 interpreting assignment, and present a professional appearance 35 1 that is not visually distracting and is appropriate to the 35 2 setting. An applicant shall exhibit knowledge and application 35 3 of federal and state laws pertaining to the interpreting 35 4 profession. 35 5 c. Integrity, and shall be proficient in understanding and 35 6 applying ethical behavior appropriate for a licensee. An 35 7 applicant shall demonstrate discretion in accepting and 35 8 meeting interpreter services requests, and shall engage 35 9 actively in lifelong learning. 35 10 Sec. 53. NEW SECTION. 154E.4 EXCEPTIONS. 35 11 1. A person shall not practice interpreting or 35 12 transliterating, or represent oneself to be an interpreter, 35 13 unless the person is licensed under this chapter. 35 14 2. This chapter does not prohibit any of the following: 35 15 a. Any person residing outside of the state of Iowa 35 16 holding a current license from another state that meets the 35 17 state of Iowa's requirements from providing interpreting or 35 18 transliterating services in this state for up to fourteen days 35 19 per calendar year without a license issued pursuant to this 35 20 chapter. 35 21 b. Any person who interprets or transliterates solely in a 35 22 religious setting with the exception of those working in 35 23 schools that receive government funding. 35 24 c. Volunteers working without compensation, including 35 25 emergency situations, until a licensed interpreter is 35 26 obtained. 35 27 d. Any person working as a substitute for a licensed 35 28 interpreter in an early childhood, elementary, or secondary 35 29 education setting for no more than thirty school days in a 35 30 calendar year. 35 31 Sec. 54. Section 165B.5, subsection 3, if enacted by 2004 35 32 Iowa Acts, House File 2476, section 6, is amended to read as 35 33 follows: 35 34 3. a. A person who owns or operates a restricted 35 35 concentration point is subject to a civil penalty ofnot less36 1thanfive thousand dollars for the first violation andnot36 2less thantwenty-five thousand dollars for each subsequent 36 3 violation. Each day that a violation continues constitutes a 36 4 separate violation. 36 5 b. A person who has a legal interest in infected poultry 36 6 or has custody of infected poultry which are located at a 36 7 restricted concentration point is subject to a civil penalty 36 8 ofnot less thanfive thousand dollars for the first violation 36 9 andnot less thantwenty-five thousand dollars for each 36 10 subsequent violation. Each day that a violation continues 36 11 constitutes a separate violation. 36 12 c. A person who transports poultry to or from a restricted 36 13 concentration point is subject to a civil penalty ofnot less36 14thanone thousand dollars for the first violation andnot less36 15thanfive thousand dollars for each subsequent violation. 36 16 Each day that a violation continues constitutes a separate 36 17 violation. 36 18 d. A person who purchases, offers to purchase, barters, or 36 19 offers to barter for poultry at a restricted concentration 36 20 point is subject to a civil penalty ofnot less thanone 36 21 hundred dollars for the first violation andnot less thanone 36 22 thousand dollars for each subsequent violation. Each day that 36 23 a violation continues constitutes a separate violation. 36 24 e. A person who charges admission for entry into a 36 25 restricted concentration point where a contest occurs or 36 26 otherwise holds, advertises, or conducts the contest is 36 27 subject to a civil penalty ofnot less thanone thousand 36 28 dollars for the first violation andnot less thanfive 36 29 thousand dollars for each subsequent violation. Each day that 36 30 a violation continues constitutes a separate violation. 36 31 f. A person who attends or participates in a contest at a 36 32 restricted concentration point where a contest occurs is 36 33 subject to a civil penalty ofnot less thanone hundred 36 34 dollars for the first violation andnot less thanone thousand 36 35 dollars for each subsequent violation. Each day that a 37 1 violation continues constitutes a separate violation. 37 2 Sec. 55. Section 260C.18A, subsection 3, Code Supplement 37 3 2003, is amended to read as follows: 37 4 3. Of the moneys appropriated in this section, for the 37 5 fiscal period beginning July 1, 2003, and ending June 30,200637 6 2007, the following amounts shall be designated for the 37 7 purposes of funding job retention projects under section 37 8 260F.9: 37 9 a. One million dollars for the fiscal year beginning July 37 10 1, 2003. 37 11 b. One million dollars for the fiscal year beginning July 37 12 1, 2004. 37 13 c. One million dollars for the fiscal year beginning July 37 14 1, 2005. 37 15 d. One million dollars for the fiscal year beginning July 37 16 1, 2006. However, this paragraph only applies if moneys 37 17 allocated under paragraph "a" were distributed to community 37 18 colleges as provided under subsection 8. 37 19 Sec. 56. Section 260C.18A, Code Supplement 2003, is 37 20 amended by adding the following new subsection: 37 21 NEW SUBSECTION. 8. If moneys allocated under subsection 37 22 3, paragraph "a", are unobligated and unencumbered on June 30, 37 23 2004, those moneys shall be distributed to community colleges 37 24 in accordance with subsection 5 for the fiscal year beginning 37 25 July 1, 2004, and ending June 30, 2005. 37 26 Sec. 57. Section 272C.1, subsection 6, Code 2003, is 37 27 amended by adding the following new paragraph: 37 28 NEW PARAGRAPH. ad. The board of interpreter for the 37 29 hearing impaired examiners, created pursuant to chapter 154E. 37 30 Sec. 58. Section 306.46, as enacted by 2004 Iowa Acts, 37 31 Senate File 2118, section 1, is amended by adding the 37 32 following new subsection: 37 33 NEW SUBSECTION. 3. This section shall not impair or 37 34 interfere with a city's authority to grant, amend, extend, or 37 35 renew a franchise as provided in section 364.2, and shall not 38 1 impair or interfere with a city's existing general police 38 2 powers to control the use of its right-of-way. 38 3 Sec. 59. NEW SECTION. 327F.38 FIRST AID AND MEDICAL 38 4 TREATMENT FOR EMPLOYEES. 38 5 The department shall adopt rules requiring railroad 38 6 corporations within the state to provide reasonable and 38 7 adequate access to first aid and medical treatment for 38 8 employees injured in the course of employment. A railroad 38 9 corporation found guilty of a rule adopted pursuant to this 38 10 section shall, upon conviction, be subject to a schedule "one" 38 11 penalty. 38 12 Sec. 60. Section 331.362, subsection 5, Code Supplement 38 13 2003, is amended to read as follows: 38 14 5. The board may enter into agreements with the department 38 15 of transportation as provided in section 313.2, including but 38 16 not limited to agreements for the disposition of county 38 17 property in accordance with section 331.361, subsection 2. 38 18 Sec. 61. Section 422.11J, subsection 5, paragraph a, if 38 19 enacted by 2004 Iowa Acts, Senate File 2295, is amended to 38 20 read as follows: 38 21 a. "Disabled student" means a child requiring special 38 22 education, as defined in section 256B.2, subsection 1, or a 38 23 student with disabilities who qualifies for educational 38 24 services under section 504 of the federal Rehabilitation Act 38 25 of 1973, as amended and codified in 29 U.S.C. } 794. 38 26 Sec. 62. 2004 Iowa Acts, Senate File 2257, section 1, 38 27 subsection 10, if enacted, is amended to read as follows: 38 28 10. APPLICABILITY DATE. This section applies to personal 38 29 insurance contracts or policies delivered, issued for 38 30 delivery, continued, or renewed in this state on or after 38 31April 1, 2005October 1, 2004. 38 32 Sec. 63. 2003 Iowa Acts, chapter 145, section 290, 38 33 subsection 2, paragraph c, is amended to read as follows: 38 34 c. BySeptemberDecember 1, 2004, the department of 38 35 administrative services, with the assistance of the department 39 1 of management, shall conduct a comprehensive study of the 39 2 impact of transferring all state agency employees delivering 39 3 information technology services to the department of 39 4 administrative services and of the impact of physically 39 5 merging the data centers of the department, the state 39 6 department of transportation, and the department of workforce 39 7 development, into one data center. The study shall include an 39 8 assessment of advantages and disadvantages, economies of 39 9 scale, cost, and space availability, and shall solicit input 39 10 from outside vendors, both public and private. The department 39 11 shall report to the legislativefiscal bureauservices agency 39 12 and the committees on government oversight of the senate and 39 13 house of representatives on the department's findings and 39 14 recommendations byNovember 1,December 15, 2004. 39 15 Sec. 64. MENTAL HEALTH INSTITUTE AT CHEROKEE. If building 39 16 space located at the state mental health institute at Cherokee 39 17 being used by an organization other than the state will be 39 18 vacated by the organization, the department of human services 39 19 shall reserve the space to be available for the purposes 39 20 described in this section. The department shall develop a 39 21 plan for using vacant building space at the institute for a 39 22 program to address the treatment needs of persons with a 39 23 developmental disability who exhibit sexually violent behavior 39 24 and are residents at state resource centers or other 39 25 residential settings. 39 26 Sec. 65. INTERPRETER STANDARDS AND REGULATIONS. There is 39 27 appropriated from the general fund of the state to the Iowa 39 28 department of public health, for the fiscal year beginning 39 29 July 1, 2004, and ending June 30, 2005, the following amount, 39 30 or so much thereof as is necessary, for the purpose 39 31 designated: 39 32 For protecting the health and safety of the public through 39 33 establishing standards and enforcing regulations of 39 34 interpreters for the deaf, hard-of-hearing, and hearing, and 39 35 for not more than the following full-time equivalent 40 1 positions: 40 2 ...................................................$ 60,390 40 3 ............................................... FTEs 1.00 40 4 Sec. 66. 2004 Iowa Acts, Senate File 2298, section 2, 40 5 subsection 1, if enacted, is amended by striking the 40 6 subsection and inserting in lieu thereof the following: 40 7 1. There is appropriated from the general fund of the 40 8 state to the department of administrative services for the 40 9 fiscal year beginning July 1, 2004, and ending June 30, 2005, 40 10 the following amount, or so much thereof as is necessary, to 40 11 be used for the purposes designated: 40 12 For start-up funding for revolving funds under the control 40 13 of the department of administrative services and for salaries, 40 14 support, maintenance, and miscellaneous purposes: 40 15 .................................................. $ 1,889,610 40 16 Notwithstanding any provision of this section to the 40 17 contrary, the department of administrative services shall 40 18 deposit $1,889,610 in the general fund of the state from 40 19 moneys in departmental revolving funds and internal service 40 20 funds at the end of the fiscal year. 40 21 Sec. 67. TRANSITION PROVISIONS. 40 22 1. The board of interpreter for the hearing impaired 40 23 examiners shall be provisionally established as provided in 40 24 section 147.14, as amended in this Act, effective July 1, 40 25 2004, for the sole purpose of appointment of members and 40 26 organizing, planning, and adopting rules, as described in 40 27 section 9 of this Act, which rules shall be effective July 1, 40 28 2005. The board shall become fully operational July 1, 2007, 40 29 as provided in this Act. 40 30 2. Applicants for licensure under chapter 154E who have 40 31 not passed a licensure examination approved by the board by 40 32 July 1, 2005, shall be issued a temporary license to practice 40 33 interpreting for a period of two years, commencing on July 1, 40 34 2005. 40 35 3. Applicants issued a temporary license pursuant to this 41 1 section shall pass a licensure examination approved by the 41 2 board on or before July 1, 2007, in order to remain licensed 41 3 as an interpreter. 41 4 Sec. 68. EFFECTIVE DATE. The sections of this division of 41 5 this Act providing for the licensing of interpreters by 41 6 amending chapters 147 and 272C and enacting chapter 154E take 41 7 effect July 1, 2005. 41 8 Sec. 69. EFFECTIVE DATE. The sections of this division of 41 9 this Act amending section 260C.18A, Code Supplement 2003, 41 10 being deemed of immediate importance, take effect upon 41 11 enactment. 41 12 Sec. 70. EFFECTIVE DATE. The section of this division of 41 13 this Act amending section 306.46, being deemed of immediate 41 14 importance, takes effect upon enactment. 41 15 DIVISION VII 41 16 CORRECTIVE PROVISIONS 41 17 Sec. 71. Section 9E.6A, unnumbered paragraph 1, Code 2003, 41 18 as amended by 2004 Iowa Acts, House File 2516, section 1, if 41 19 enacted, is amended to read as follows: 41 20 Each person performing a notarial act pursuant to section 41 21 9E.10 must acquire and use a stamp or seal as provided in this 41 22 chapter. However, this section shall not apply to a notarial 41 23 act performed by a judicial officer as defined in section 41 24 602.1101, if the notarial act is performed in accordance with 41 25 state or federal statutory authority,or isand shall not 41 26 apply to a certification by a chief officer or a chief 41 27 officer's designee of a peace officer's verification of a 41 28 uniform citation and complaint pursuant to section 805.6, 41 29 subsection 5. 41 30 Sec. 72. Section 9H.1, subsection 17, Code Supplement 41 31 2003, is amended to read as follows: 41 32 17. "Limited partnership" means a limited partnership as 41 33 defined in section 487.101, subsection 7, andor 488.102, or a 41 34 limited liability limited partnership under section 487.1301 41 35 or chapter 488, which owns or leases agricultural land or is 42 1 engaged in farming. 42 2 Sec. 73. Section 9H.1, subsection 17, Code Supplement 42 3 2003, as amended by this division of this Act to take effect 42 4 January 1, 2005, is amended to read as follows: 42 5 17. "Limited partnership" means a limited partnership as 42 6 defined in section487.101 or488.102, or a limited liability 42 7 limited partnership undersection 487.1301 orchapter 488, 42 8 which owns or leases agricultural land or is engaged in 42 9 farming. 42 10 Sec. 74. Section 10B.1, subsection 8, Code Supplement 42 11 2003, is amended to read as follows: 42 12 8. "Limited partnership" means a foreign or domestic 42 13 limited partnership, including a limited partnership as 42 14 defined in section 487.101, subsection 7or 488.102, and a 42 15 domestic or foreign limited liability limited partnership 42 16 under section 487.1301 or 487.1303, or chapter 488. 42 17 Sec. 75. Section 10B.1, subsection 8, Code Supplement 42 18 2003, as amended by this division of this Act to take effect 42 19 January 1, 2005, is amended to read as follows: 42 20 8. "Limited partnership" means a foreign or domestic 42 21 limited partnership, including a limited partnership as 42 22 defined in section487.101 or488.102, and a domestic or 42 23 foreign limited liability limited partnership undersection42 24487.1301 or 487.1303, orchapter 488. 42 25 Sec. 76. Section 34A.7A, subsection 2, paragraph f, if 42 26 enacted by 2004 Iowa Acts, House File 2434, is amended by 42 27 striking the paragraph and inserting in lieu thereof the 42 28 following: 42 29 f. (1) The program manager shall allocate an amount up to 42 30 one hundred twenty-seven thousand dollars per calendar quarter 42 31 equally to the joint E911 service boards and the department of 42 32 public safety that have submitted an annual written request to 42 33 the program manager in a form approved by the program manager 42 34 by May 15 of each year. 42 35 (2) Upon retirement of outstanding obligations referred to 43 1 in paragraph "e", the amount allocated under this paragraph 43 2 "f" shall be an amount up to four hundred thousand dollars per 43 3 calendar quarter allocated as follows: 43 4 (a) Sixty-five percent of the total dollars available for 43 5 allocation shall be allocated in proportion to the square 43 6 miles of the service area to the total square miles in this 43 7 state. 43 8 (b) Thirty-five percent of the total dollars available for 43 9 allocation shall be allocated in proportion to the wireless 43 10 E911 calls taken at the public safety answering point in the 43 11 service area to the total number of wireless E911 calls 43 12 originating in this state. 43 13 (c) Notwithstanding subparagraph subdivisions (a) and (b), 43 14 the minimum amount allocated to each joint E911 service board 43 15 and to the department of public safety shall be no less than 43 16 one thousand dollars for each public safety answering point 43 17 within the service area of the department of public safety or 43 18 joint E911 service board. 43 19 (3) The funds allocated in this paragraph "f" shall be 43 20 used for communication equipment located inside the public 43 21 safety answering points for the implementation and maintenance 43 22 of wireless E911 phase 2. The joint E911 service boards and 43 23 the department of public safety shall provide an estimate of 43 24 phase 2 implementation costs to the program manager by January 43 25 1, 2005. 43 26 Sec. 77. Section 48A.11, subsection 1, paragraph e, Code 43 27 2003, as amended by 2004 Iowa Acts, Senate File 2269, section 43 28 8, if enacted, is amended to read as follows: 43 29 e. Iowa driver's license number if the registrant has a 43 30 current and valid Iowa driver's license, Iowa nonoperator's 43 31 identification card if the registrant has a current and valid 43 32 Iowa nonoperator's identification card, or the last four 43 33 numerals of the registrant's social security number. If the 43 34 registrant does not have an Iowa driver's license number, an 43 35 Iowa nonoperator's identification card number, or a social 44 1 security number, the form shall provide space for a number to 44 2 be assigned as provided in subsection 7. 44 3 Sec. 78. Section 48A.25A, unnumbered paragraph 1, if 44 4 enacted by 2004 Iowa Acts, Senate File 2269, section 13, is 44 5 amended to read as follows:. 44 6 Upon receipt of an application for voter registration by 44 7 mail, the state registrar of voters shall compare the driver's 44 8 license number, the Iowa nonoperator's identification card 44 9 number, or the last four numerals of the social security 44 10 number provided by the registrant with the records of the 44 11 state department of transportation. To be verified, the voter 44 12 registration record shall contain the same name, date of 44 13 birth, and driver's license number or Iowa nonoperator's 44 14 identification card number or whole or partial social security 44 15 number as the records of the department of transportation. If 44 16 the information cannot be verified, the application shall be 44 17 rejected and the registrant shall be notified of the reason 44 18 for the rejection. If the information can be verified, a 44 19 record shall be made of the verification and the application 44 20 shall be accepted. 44 21 Sec. 79. Section 48A.37, subsection 2, Code 2003, as 44 22 amended by 2004 Iowa Acts, Senate File 2269, section 18, if 44 23 enacted, is amended to read as follows: 44 24 2. Electronic records shall include a status code 44 25 designating whether the records are active, inactive, local, 44 26 or pending. Inactive records are records of registered voters 44 27 to whom notices have been sent pursuant to section 48A.28, 44 28 subsection 3, and who have not returned the card or otherwise 44 29 responded to the notice, and those records have been 44 30 designated inactive pursuant to section 48A.29. Local records 44 31 are records of applicants who did not answer either "yes" or 44 32 "no" to the question in section 48A.11, subsection 2A, 44 33 paragraph "a". Pending records are records of applicants 44 34 whose applications have not been verified pursuant to section 44 35 48A.25A. All other records are active records. An inactive 45 1 record shall be made active when the registered voter votes at 45 2 an election, registers again, or reports a change of name, 45 3 address, telephone number, or political party affiliation. A 45 4 pending record shall be made active upon verification. A 45 5 local record shall be valid for any election for which no 45 6 candidates for federal office appear on the ballot, but the. 45 7 A registrantmaywith only a local record shall not vote in a 45 8 federal election unless the registrant submits a new voter 45 9 registration application before election day indicating that 45 10 the applicant is a citizen of the United States. 45 11 Sec. 80. Section 49.81, subsection 2, unnumbered paragraph 45 12 3, if enacted by 2004 Iowa Acts, Senate File 2269, section 20, 45 13 is amended to read as follows: 45 14 You must show identification before your ballot can be 45 15 counted. Please bring or mail a copy of a current and valid 45 16 photo identification card to the countycommissioners45 17 commissioner's office or bring or mail a copy of one of the 45 18 following current documents that show your name and address: 45 19 Sec. 81. Section 52.7, unnumbered paragraph 4, Code 2003, 45 20 as amended by 2004 Iowa Acts, Senate File 2269, section 27, if 45 21 enacted, is amended to read as follows: 45 22 Such machine shall be so constructed as to accurately 45 23 account for every vote cast upon it. The machine shall be so 45 24 constructed as to remove information from the ballot 45 25 identifying the voter before the ballot is recorded and 45 26 counted. If the machine is a directelectronicrecording 45 27 electronic device, the machine shall be so constructed as to 45 28 store each ballot cast separate from the ballot tabulation 45 29 function, which ballot may be reproduced on paper in the case 45 30 of a recount, manual audit, or machine malfunction. 45 31 Sec. 82. Section 53.3, subsection 7, if enacted by 2004 45 32 Iowa Acts, Senate File 2269, section 30, is amended to read as 45 33 follows: 45 34 7. A statement that an absentee ballot willbybe mailed 45 35 to the applicant within twenty-four hours after the ballot for 46 1 the election is available. 46 2 Sec. 83. Section 53.17, subsection 1, paragraph a, if 46 3 enacted by 2004 Iowa Acts, Senate File 2269, section 33, is 46 4 amended to read as follows: 46 5 a. The sealed carrier envelope may be delivered by the 46 6 registered voter, by the special precinct election officials 46 7 designated pursuant to section 53.22, subsection 1, or by the 46 8 voter's designee if the absentee ballot is voted by a voter 46 9 described in section 53.22, subsection 5, to the 46 10 commissioner's office no later than the time the polls are 46 11 closed on election day, except as otherwise provided in46 12subsection 4. 46 13 Sec. 84. Section 53.17, subsection 4, paragraph d, 46 14 subparagraph (2), if enacted by 2004 Iowa Acts, Senate File 46 15 2269, section 33, is amended to read as follows: 46 16 (2) The date and time thevotedcompleted absentee ballot 46 17 was received from the voter. 46 18 Sec. 85. Section 68A.402, subsection 7, paragraph b, as 46 19 amended by 2004 Iowa Acts, House File 2319, section 1, if 46 20 enacted, is amended to read as follows: 46 21 b. COUNTY ELECTIONS. A political committee expressly 46 22 advocating the nomination, election, or defeat of candidates 46 23 for county office shall file reports on the same dates as a 46 24 candidate's committee is required to file reports under 46 25 subsection 2, paragraph "a" and subsection 5, paragraph "b". 46 26 Sec. 86. Section 68A.503, subsection 4, unnumbered 46 27 paragraph 1, as amended by 2004 Iowa Acts, House File 2318, 46 28 section 7, if enacted, is amended to read as follows: 46 29 The prohibitions insectionssubsections 1 and 2 shall not 46 30 apply to an insurance company, savings and loan association, 46 31 bank, credit union, or corporation engaged in any of the 46 32 following activities: 46 33 Sec. 87. Section 99B.11, subsection 2, paragraph c, Code 46 34 2003, as amended by 2004 Iowa Acts, Senate File 2249, section 46 35 1, is amended to read as follows: 47 1 c. Contests or exhibitions of cooking, horticulture, 47 2 livestock, poultry, fish or other animals, artwork, hobbywork 47 3 or craftwork, except those prohibited by chapter 717Aor47 4section 725.11. 47 5 Sec. 88. Section 174.1, subsection 0B, paragraph a, as 47 6 enacted by House File 2403, section 8, is amended to read as 47 7 follows: 47 8 a. The organization owns or leases at least ten acres of 47 9 fairgrounds.A societyAn organization may meet the 47 10 requirement of owning or leasing land, buildings, and 47 11 improvements through ownership by a joint entity under chapter 47 12 28E. 47 13 Sec. 89. Section 174.12, subsection 2, unnumbered 47 14 paragraph 1, Code 2003, as amended by 2004 Iowa Acts, House 47 15 File 2403, section 16, is amended to read as follows: 47 16 A district director of the association representing the 47 17 district in which the county is located, and the director of 47 18 the Iowa state fair board representing the state fair board 47 19 district in which the county is located, certify to the 47 20 association that the fair had an accredited delegate in 47 21 attendance at at least one of the district meetings, and at 47 22 the association's annual meeting. 47 23 Sec. 90. Section 229.27, subsection 1, Code 2003, is 47 24 amended to read as follows: 47 25 1. Hospitalization of a person under this chapter, either 47 26 voluntarily or involuntarily, does not constitute a finding of 47 27 nor equate with nor raise a presumption of incompetency, nor 47 28 cause the person so hospitalized to be deemed a person of 47 29 unsound mind nor a person under legal disability for any 47 30 purpose, including but not limited to any circumstances to 47 31 which sections 6B.15, 447.7, 487.402, subsection 5, paragraph 47 32 "b", section 488.603, subsection 6, paragraph "c", sections 47 33 487.705, 488.704, 597.6, 600B.21, 614.8, 614.19, 614.22, 47 34 614.24, 614.27, and 633.244 are applicable. 47 35 Sec. 91. Section 229.27, subsection 1, Code 2003, as 48 1 amended by this division of this Act to take effect January 1, 48 2 2005, is amended to read as follows: 48 3 1. Hospitalization of a person under this chapter, either 48 4 voluntarily or involuntarily, does not constitute a finding of 48 5 nor equate with nor raise a presumption of incompetency, nor 48 6 cause the person so hospitalized to be deemed a person of 48 7 unsound mind nor a person under legal disability for any 48 8 purpose, including but not limited to any circumstances to 48 9 which sections 6B.15, 447.7,487.402, subsection 5, paragraph48 10"b",section 488.603, subsection 6, paragraph "c", sections 48 11 487.705, 488.704, 597.6, 600B.21, 614.8, 614.19, 614.22, 48 12 614.24, 614.27, and 633.244 are applicable. 48 13 Sec. 92. Section 260C.18A, subsection 2, unnumbered 48 14 paragraph 1, Code Supplement 2003, is amended to read as 48 15 follows: 48 16 On July 1 of each year for the fiscal year beginning July 48 17 1, 2003, and for every fiscal year thereafter, moneys from the 48 18 grow Iowa values fund created in section 15G.108 are 48 19 appropriated to the department of economic development for 48 20 deposit in the workforce training and economic development 48 21 funds in amounts determined pursuant to subsection34. 48 22 Moneys deposited in the funds and disbursed to community 48 23 colleges for a fiscal year shall be expended for the following 48 24 purposes, provided seventy percent of the moneys shall be used 48 25 on projects in the areas of advanced manufacturing, 48 26 information technology and insurance, and life sciences which 48 27 include the areas of biotechnology, health care technology, 48 28 and nursing care technology: 48 29 Sec. 93. Section 280A.5, if enacted by 2004 Iowa Acts, 48 30 Senate File 2298, is amended to read as follows: 48 31 SEC. . 280A.5 REPEAL. 48 32 Thissectionchapter is repealed effective July 1, 2009. 48 33 Sec. 94. Section 321I.2, unnumbered paragraph 2, if 48 34 enacted by 2004 Iowa Acts, Senate File 297, section 45, is 48 35 amended to read as follows: 49 1 The director of transportation may adopt rules not 49 2 inconsistent with this chapter regulating the use of all- 49 3 terrain vehicles on streets and highways.Cities may49 4designate streets under the jurisdiction of cities within49 5their respective corporate limits which may be used for the49 6sport of driving all-terrain vehicles.49 7 Sec. 95. Section 321I.10, if enacted by 2004 Iowa Acts, 49 8 Senate File 297, section 53, is amended by adding the 49 9 following new subsection: 49 10 NEW SUBSECTION. 2A. Cities may designate streets under 49 11 the jurisdiction of cities within their respective corporate 49 12 limits which may be used for the sport of driving all-terrain 49 13 vehicles. 49 14 Sec. 96. Section 331.606B, subsection 4, paragraph a, if 49 15 enacted by 2004 Iowa Acts, Senate File 371, section 3, is 49 16 amended to read as follows: 49 17 a. A document or instrument that was signed before July 1, 49 1820042005. 49 19 Sec. 97. Section 488.102, subsection 10, paragraph a, 49 20 subparagraph (2), as enacted by 2004 Iowa Acts, House File 49 21 2347, section 2, is amended to read as follows: 49 22 (2) A person that was a general partner in a limited 49 23 partnership when the limited partnership became subject to 49 24 this chapter under section488.1206488.1204, subsection 1 or 49 25 2. 49 26 Sec. 98. Section 488.102, subsection 12, paragraph a, 49 27 subparagraph (2), as enacted by 2004 Iowa Acts, House File 49 28 2347, section 2, is amended to read as follows: 49 29 (2) A person that was a limited partner in a limited 49 30 partnership when the limited partnership became subject to 49 31 this chapter under section488.1206488.1204, subsection 1 or 49 32 2. 49 33 Sec. 99. Section 488.102, subsection 13, as enacted by 49 34 2004 Iowa Acts, House File 2347, section 2, is amended to read 49 35 as follows: 50 1 13. "Limited partnership", except in the phrases "foreign 50 2 limited partnership" and "foreign limited liability limited 50 3 partnership", means an entity, having one or more general 50 4 partners and one or more limited partners, which is formed 50 5 under this chapter by two or more persons or becomes subject 50 6 to this chapter under article 11 or section488.1206488.1204, 50 7 subsection 1 or 2. The term includes a limited liability 50 8 limited partnership. 50 9 Sec. 100. Section 488.202, subsection 3, unnumbered 50 10 paragraph 1, as enacted by 2004 Iowa Acts, House File 2347, 50 11 section 20, is amended to read as follows: 50 12 A general partner that knows that any information in a 50 13 filed certificate of limited partnership was false when the 50 14 certificate was filed or has become false due to changed 50 15 circumstances shall promptly do at least one of the following: 50 16 Sec. 101. Section 488.209, subsection 1, paragraph c, as 50 17 enacted by 2004 Iowa Acts, House File 2347, section 27, is 50 18 amended to read as follows: 50 19 c. Whether all fees, taxes, and penalties under this 50 20 chapter or other law duetothe secretary of state have been 50 21 paid. 50 22 Sec. 102. Section 488.209, subsection 2, paragraph c, as 50 23 enacted by 2004 Iowa Acts, House File 2347, section 27, is 50 24 amended to read as follows: 50 25 c. Whether all fees, taxes, and penalties under this 50 26 chapter or other law duetothe secretary of state have been 50 27 paid. 50 28 Sec. 103. Section 488.508, subsection 6, as enacted by 50 29 2004 Iowa Acts, House File 2347, section 50, is amended to 50 30 read as follows: 50 31 6. A limited partnership's indebtedness, including 50 32 indebtedness issued in connection with or as part of a 50 33 distribution, is not considered a liability for purposes of 50 34 subsection 2 if the terms of the indebtedness provide that 50 35 payment of principal and interestareis made only to the 51 1 extent that a distribution could then be made to partners 51 2 under this section. 51 3 Sec. 104. Section 488.703, subsection 1, as enacted by 51 4 2004 Iowa Acts, House File 2347, section 61, is amended to 51 5 read as follows: 51 6 1. On application to a court of competent jurisdiction by 51 7 any judgment creditor of a partner or transferee, the court 51 8 may charge the transferable interest of the judgment debtor 51 9 with payment of the unsatisfied amount of the judgment with 51 10 interest. To the extent so charged, the judgment creditor has 51 11 only the rights of a transferee. The court may appoint a 51 12 receiver of the share of the distributions due or to become 51 13 duetothe judgment debtor in respect of the partnership and 51 14 make all other orders, directions, accounts, and inquiries the 51 15 judgment debtor might have made or which the circumstances of 51 16 the case may require to give effect to the charging order. 51 17 Sec. 105. Section 488.809, subsection 1, paragraph a, as 51 18 enacted by 2004 Iowa Acts, House File 2347, section 72, is 51 19 amended to read as follows: 51 20 a. Pay any fee, tax, or penalty under this chapter or 51 21 other law duetothe secretary of state. 51 22 Sec. 106. Section 488.906, subsection 1, paragraph a, as 51 23 enacted by 2004 Iowa Acts, House File 2347, section 81, is 51 24 amended to read as follows: 51 25 a. Pay, within sixty days after the due date, any fee, tax 51 26 or penalty under this chapter or other law duetothe 51 27 secretary of state. 51 28 Sec. 107. Section 488.1106, subsection 1, paragraph a, as 51 29 enacted by 2004 Iowa Acts, House File 2347, section 94, is 51 30 amended to read as follows: 51 31 a. The governing statute of each of the other 51 32 organizations authorizes the merger. 51 33 Sec. 108. Section 504.304, subsection 1, if enacted by 51 34 2004 Iowa Acts, Senate File 2274, section 27, is amended to 51 35 read as follows: 52 1 1. Except as provided in subsection 2, the validity of 52 2 corporate actionmayshall not be challenged on the ground 52 3 that the corporation lacks or lacked power to act. 52 4 Sec. 109. Section 504.854, subsection 3, paragraph b, if 52 5 enacted by 2004 Iowa Acts, Senate File 2274, section 104, is 52 6 amended to read as follows: 52 7 b. By the members, but the director who, at the time does 52 8 not qualify as a disinterested director,mayshall not vote as 52 9 a member or on behalf of a member. 52 10 Sec. 110. Section 504.1422, subsection 3, if enacted by 52 11 2004 Iowa Acts, Senate File 2274, section 145, is amended to 52 12 read as follows: 52 13 3. A corporation that is administratively dissolved 52 14 continues its corporate existence butmayshall not carry on 52 15 any activities except those necessary to wind up and liquidate 52 16 its affairs pursuant to section 504.1406 and notify its 52 17 claimants pursuant to sections 504.1407 and 504.1408. 52 18 Sec. 111. Section 614.37, Code 2003, as amended by 2004 52 19 Iowa Acts, House File 2450, section 8, if enacted, is amended 52 20 to read as follows: 52 21 614.37 LIMITATION STATUTES NOT EXTENDED. 52 22 Nothing contained in this chapter shall be construed to 52 23 extend the period for the bringing of an action or for the 52 24 doing of any other required act under any statutes of 52 25 limitations, nor, except as herein specifically provided, to 52 26 effect the operation of any statutes governing the effect of 52 27 the recording or the failure to record any instrument 52 28 affecting land. It is intended that nothing contained in this 52 29divisionchapter be interpreted to revive or extend the period 52 30 of filing a claim or bringing an action that may be limited or 52 31 barred by any other statute. 52 32 Sec. 112. Section 669.14, subsection 11, unnumbered 52 33 paragraph 1, Code Supplement 2003, as amended by 2004 Iowa 52 34 Acts, House File 2347, section 116, is amended to read as 52 35 follows: 53 1 Any claim for financial loss based upon an act or omission 53 2 in financial regulation, including but not limited to 53 3 examinations, inspections, audits, or other financial 53 4 oversight responsibilities, pursuant to chapters 87, 203, 53 5 203C, 203D, 421B, 486,or the figure "487"487, 488, and 490 53 6 through 553, excluding chapters 540A, 542, 542B, 543B, 543C, 53 7 543D, 544A, and 544B. 53 8 Sec. 113. Section 709A.1, subsection 2, paragraph c, Code 53 9 2003, as amended by 2004 Iowa Acts, Senate File 2249, section 53 10 2, is amended to read as follows: 53 11 c. Any premises the use of which constitutes a violation 53 12 of chapter 717A, or section 725.5,or 725.10, or 725.11. 53 13 Sec. 114. Section 714.26, subsection 1, paragraph c, if 53 14 enacted by 2004 Iowa Acts, House File 2395, is amended to read 53 15 as follows: 53 16 c. "Retail value" means the highest value of an item 53 17 determined by any reasonable standard at the time the item 53 18 bearing or identified by a counterfeit mark is seized. If a 53 19 seized item bearing or identified by a counterfeit mark is a 53 20 component of a finished product, "retail value" also means the 53 21 highest value, determined by any reasonable standard, of the 53 22 finished product on which the component would have been 53 23 utilized. The retail value shall be the retail value of the 53 24 aggregate quantity of all items seized which bear or are 53 25 identified by a counterfeit mark. For purposes of this 53 26 paragraph, reasonable standard includes but is not limitedthe53 27 to the market value within the community, actual value, 53 28 replacement value, or the counterfeiter's regular selling 53 29 price for the item bearing or identified by a counterfeit 53 30 mark, or the intellectual property owner's regular selling 53 31 price for an item similar to the item bearing or identified by 53 32 a counterfeit mark. 53 33 Sec. 115. Section 717E.1, subsection 3, paragraph a, if 53 34 enacted by 2004 Iowa Acts, House File 2480, section 1, is 53 35 amended to read as follows: 54 1 a. The annual fair and exposition held by the Iowa state 54 2 fair board pursuant to chapter 173 or any fairheldevent 54 3 conducted by acounty or districtfairor agricultural society54 4 under the provisions of chapter 174. 54 5 Sec. 116. Section 812.6, subsection 2, unnumbered 54 6 paragraph 1, if enacted by 2004 Iowa Acts, Senate File 2272, 54 7 section 8, is amended to read as follows: 54 8 If the court finds by clear and convincing evidence that 54 9 the defendant poses a danger to the public peace or safety, or 54 10 that the defendant is otherwise not qualified for pretrial 54 11 release, or the defendant refuses to cooperate with treatment, 54 12 the court shall commit the defendant to an appropriate 54 13 inpatient treatment facility as provided inparagraphs54 14 paragraph "a"andor "b". The defendant shall receive mental 54 15 health treatment designed to restore the defendant to 54 16 competency. 54 17 Sec. 117. Sections 7D.15, 10D.1, 15.114, 15.221, 15E.64, 54 18 18A.11, 84A.1C, 225C.13, 303.3, 331.441, 357A.2, 357A.11, 54 19 357A.20, 357A.21, 357A.22A, 357A.23, 357A.24, 425.11, 476.1, 54 20 476.27, 480.3, 499.5, 499.5A, 500.3, 504C.1, 514.19, 514.23, 54 21 and 515.1, Code 2003, are amended by inserting before the 54 22 figure "504A" the following: "504 or", if 2004 Iowa Acts, 54 23 Senate File 2274 is enacted. 54 24 Sec. 118. Sections 9H.1, 9H.4, 10B.1, 190C.6, 304A.21, 54 25 331.427, 357A.15, 422.45, 490.1701, 504B.1, 504B.6, 513C.10, 54 26 514.1, 514.2, 514.5, 616.10, 633.63, and 716.6B, Code 54 27 Supplement 2003, are amended by inserting before the figure 54 28 "504A" the following: "504 or", if 2004 Iowa Acts, Senate 54 29 File 2274 is enacted. 54 30 Sec. 119. 2004 Iowa Acts, House File 401, section 1, is 54 31 amended by striking the section and inserting in lieu thereof 54 32 the following: 54 33 SECTION 1. Section 404A.4, subsection 4, Code Supplement 54 34 2003, is amended to read as follows: 54 35 4. The total amount of tax credits that may be approved 55 1 for a fiscal year under this chapter shall not exceed two 55 2 million four hundred thousand dollars. For the fiscal years 55 3 beginning July 1, 2005, and July 1, 2006, an additional five 55 4 hundred thousand dollars of tax credits may be approved each 55 5 fiscal year for purposes of projects located in cultural and 55 6 entertainment districts certified pursuant to section 303.3B. 55 7 Any of the additional tax credits allocated for projects 55 8 located in certified cultural and entertainment districts that 55 9 are not approved during a fiscal year may be carried over to 55 10 the succeeding fiscal year.Tax credit certificates shall be55 11issued on the basis of the earliest awardingThe department of 55 12 cultural affairs shall establish by rule the procedures for 55 13 the application, review, selection, and awarding of 55 14 certifications of completionas provided in subsection 1. The 55 15 departments of economic development, cultural affairs, and 55 16 revenue shall each adopt rules to jointly administer this 55 17 subsection and shall provide by rule for the method to be used 55 18 to determine for which fiscal year the tax credits are 55 19approvedavailable. 55 20 Sec. 120. 2004 Iowa Acts, House File 2562, section 10, 55 21 subsection 2, if enacted, is amended to read as follows: 55 22 2. On and after July 1, 2005, an owner of an electrical 55 23 and mechanical amusement device as described in subsection 1 55 24 shall not offer the device for use by the public. However, 55 25 the owner of a device shall be permitted to sell the device to 55 26 a distributor, as defined in section 99B.1, as amended by this 55 27 Act, or to a person authorized to offer the device to the 55 28 public pursuant to section 99B.10, subsection 4, as amended by 55 29 this Act for which a class "A", class "B", class "C", or class 55 30 "D" liquor control licenseor class "B" or class "C" beer55 31permithas been issued pursuant to chapter 123. 55 32 Sec. 121. 2004 Iowa Acts, Senate File 2070, section 35, 55 33 subsection 1, is amended to read as follows: 55 34 1. Except as provided in subsections 2 through46, this 55 35 Act takes effect January 1, 2005. 56 1 Sec. 122. The section of 2004 Iowa Acts, House File 2489, 56 2 amending section 523A.502, subsection 7, is repealed if 2004 56 3 Iowa Acts, House File 2269, is enacted. 56 4 Sec. 123. 2004 Iowa Acts, Senate File 2282, section 1, if 56 5 enacted, is amended to read as follows: 56 6 SECTION 1. LOESS HILLS STUDY AND REPORT. The loess hills 56 7 development and conservation authority, in consultation with 56 8 the state advisory board for preserves, shall conduct a 56 9 comprehensive study to determine the archaeological and 56 10 paleontological significance and the significance of the flora 56 11 and fauna of the loess hills and to determine the feasibility 56 12 of designating land in the loess hills for dedication as a 56 13 state native prairie preserve and of other various uses of the 56 14 loess hills. Thenatural resource commissionloess hills 56 15 development and conservation authority may accept gifts, 56 16 grants, bequests, and other private contributions, as well as 56 17 federal, state, or local funds for the purposes of conducting 56 18 the study. The loess hills development and conservation 56 19 authority and the state advisory board for preserves shall 56 20 file a joint report containing their findings and 56 21 recommendations with the legislative services agency by 56 22 December 15, 2006, for distribution to the general assembly. 56 23 Sec. 124. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 56 24 1. The sections of this division of this Act amending 56 25 sections 9H.1 and 10B.1, Code Supplement 2003, and 229.27, 56 26 Code 2003, take effect January 1, 2005. The sections of this 56 27 division of this Act further amending sections 9H.1 and 10B.1, 56 28 Code Supplement 2003, and 229.27, Code 2003, as amended by 56 29 this division of this Act to take effect January 1, 2005, take 56 30 effect January 1, 2006. 56 31 2. The section of this division of this Act amending 56 32 section 260C.18A, being deemed of immediate importance, takes 56 33 effect upon enactment and applies retroactively to July 1, 56 34 2003. 56 35 3. The section of this division of this Act amending 2004 57 1 Iowa Acts, Senate File 2070, being deemed of immediate 57 2 importance, takes effect upon enactment and applies 57 3 retroactively to the date of enactment of Senate File 2070. 57 4 DIVISION VIII 57 5 VISION IOWA AND COMMUNITY ATTRACTION AND TOURISM 57 6 PROGRAMS 57 7 Sec. 125. Section 8.57, subsection 5, paragraph e, 57 8 unnumbered paragraph 1, Code Supplement 2003, is amended to 57 9 read as follows: 57 10 Notwithstanding provisions to the contrary in sections 57 11 99D.17 and 99F.11, for the fiscal year beginning July 1, 2000, 57 12 and for each fiscal year thereafter, not more than a total of 57 13 sixty million dollars shall be deposited in the general fund 57 14 of the state in any fiscal year pursuant to sections 99D.17 57 15 and 99F.11. The next fifteen million dollars of the moneys 57 16 directed to be deposited in the general fund of the state in a 57 17 fiscal year pursuant to sections 99D.17 and 99F.11 shall be 57 18 deposited in the vision Iowa fund created in section 12.72 for 57 19 the fiscal year beginning July 1, 2000, and for each fiscal 57 20 year through the fiscal year beginning July 1,20192029. The 57 21 next five million dollars of the moneys directed to be 57 22 deposited in the general fund of the state in a fiscal year 57 23 pursuant to sections 99D.17 and 99F.11 shall be deposited in 57 24 the school infrastructure fund created in section 12.82 for 57 25 the fiscal year beginning July 1, 2000, and for each fiscal 57 26 year thereafter until the principal and interest on all bonds 57 27 issued by the treasurer of state pursuant to section 12.81 are 57 28 paid, as determined by the treasurer of state. The total 57 29 moneys in excess of the moneys deposited in the general fund 57 30 of the state, the vision Iowa fund, and the school 57 31 infrastructure fund in a fiscal year shall be deposited in the 57 32 rebuild Iowa infrastructure fund and shall be used as provided 57 33 in this section, notwithstanding section 8.60. 57 34 Sec. 126. COMMUNITY ATTRACTION AND TOURISM FUND. There is 57 35 appropriated from the rebuild Iowa infrastructure fund to the 58 1 office of the treasurer of state for the fiscal period 58 2 beginning July 1, 2005, and ending June 30, 2009, the 58 3 following amounts, or so much thereof as is necessary, to be 58 4 used for the purposes designated: 58 5 For deposit in the community attraction and tourism fund: 58 6 FY 2005-2006 ..................................... $ 12,000,000 58 7 FY 2006-2007 ..................................... $ 12,000,000 58 8 FY 2007-2008 ..................................... $ 12,000,000 58 9 FY 2008-2009 ..................................... $ 12,000,000 58 10 DIVISION IX 58 11 REGULATORY EFFICIENCY COMMISSION 58 12 Sec. 127. REGULATORY EFFICIENCY COMMISSION. 58 13 1. A regulatory efficiency commission is established for 58 14 purposes of identifying unneeded regulations, fines, and fees 58 15 that hinder business development. The commission shall also 58 16 identify methods for streamlining access to regulatory 58 17 information. 58 18 2. The commission shall consist of eight voting members 58 19 appointed by the governor and four ex officio members. 58 20 a. The eight voting members appointed by the governor are 58 21 subject to the requirements of sections 69.16, 69.16A, and 58 22 69.19. The eight members shall consist of the following: 58 23 (1) Two members shall be economic development 58 24 representatives from two different chambers of commerce. One 58 25 shall be from a metropolitan area with more than fifty 58 26 thousand people and one shall be from a metropolitan area with 58 27 fifty thousand people or less. 58 28 (2) Two members representing agricultural interests. 58 29 (3) One member representing the Iowa association of 58 30 business and industry. 58 31 (4) Two members representing commercial-based and 58 32 manufacturing-based businesses. 58 33 (5) One member representing the Iowa environmental 58 34 council. 58 35 b. The four ex officio members shall be members of the 59 1 general assembly. Two members shall be from the senate and 59 2 two members shall be from the house of representatives, with 59 3 not more than one member from each chamber being from the same 59 4 political party. The two senators shall be designated by the 59 5 president of the senate after consultation with the majority 59 6 and minority leaders of the senate. The two representatives 59 7 shall be designated by the speaker of the house of 59 8 representatives after consultation with the majority and 59 9 minority leaders of the house of representatives. Legislative 59 10 members shall serve in an ex officio, nonvoting capacity. 59 11 3. Meetings of the commission are subject to the 59 12 provisions of chapter 21. 59 13 4. By January 10, 2005, the commission shall submit a 59 14 written report to the governor and the general assembly. The 59 15 report shall include the findings and legislative 59 16 recommendations of the commission. The report shall be 59 17 distributed by the secretary of the senate and the chief clerk 59 18 of the house of representatives to the chairpersons and 59 19 members of the administrative rules review committee and the 59 20 economic growth committees in the senate and the house of 59 21 representatives. 59 22 HF 2578 59 23 nh/es/25
Text: HF02577 Text: HF02579 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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