Text: HSB00729 Text: HSB00731 Text: HSB00700 - HSB00799 Text: HSB 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...................................... $ 1,500,000 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...................................... $ 361,496 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...................................... $ 2,500,000 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 (2) Of the amount appropriated in this lettered paragraph, 2 6 $200,000 may be used for costs associated with the vertical 2 7 infrastructure program, notwithstanding section 8.57, 2 8 subsection 5, paragraph "c". 2 9 e. For costs associated with the remodeling of the records 2 10 and property center: 2 11 FY 2004-2005...................................... $ 5,000,000 2 12 FY 2005-2006...................................... $ 4,700,000 2 13 f. For accent lighting systems for the soldiers and 2 14 sailors monument and the Allison monument on the capitol 2 15 complex, notwithstanding section 8.57, subsection 5, paragraph 2 16 "c": 2 17 FY 2004-2005...................................... $ 35,000 2 18 2. DEPARTMENT FOR THE BLIND 2 19 For the remodeling of the orientation center: 2 20 FY 2004-2005...................................... $ 67,000 2 21 3. STATE BOARD OF REGENTS 2 22 For maintenance at the Iowa school for the deaf and the 2 23 Iowa braille and sight saving school: 2 24 FY 2004-2005...................................... $ 500,000 2 25 4. DEPARTMENT OF CORRECTIONS 2 26 For costs of entering into a lease-purchase agreement to 2 27 connect the electrical system supporting the special needs 2 28 unit at Fort Madison: 2 29 FY 2004-2005...................................... $ 333,168 2 30 5. DEPARTMENT OF ECONOMIC DEVELOPMENT 2 31 For accelerated career education program capital projects 2 32 at community colleges that are authorized under chapter 260G 2 33 and that meet the definition of "vertical infrastructure" in 2 34 section 8.57, subsection 5, paragraph "c": 2 35 FY 2004-2005...................................... $ 5,500,000 3 1 The moneys appropriated in this subsection shall be 3 2 allocated equally among the community colleges in the state. 3 3 If any portion of the equal allocation to a community college 3 4 is not obligated or encumbered by April 1, 2005, the 3 5 unobligated and unencumbered portions shall be available for 3 6 use by other community colleges. 3 7 6. DEPARTMENT OF EDUCATION 3 8 a. To provide resources for structural and technological 3 9 improvements to local libraries and for the enrich Iowa 3 10 program, notwithstanding section 8.57, subsection 5, paragraph 3 11 "c": 3 12 FY 2004-2005...................................... $ 600,000 3 13 Funds allocated for purposes of the enrich Iowa program as 3 14 provided in this lettered paragraph shall be distributed by 3 15 the division of libraries and information services to provide 3 16 support for Iowa's libraries. 3 17 b. For maintenance and lease costs associated with part 3 18 III connections, notwithstanding section 8.57, subsection 5, 3 19 paragraph "c": 3 20 FY 2004-2005...................................... $ 2,727,000 3 21 c. For costs associated with the remodeling of the Jessie 3 22 Parker building: 3 23 FY 2004-2005...................................... $ 303,632 3 24 7. DEPARTMENT OF HUMAN SERVICES 3 25 To provide a grant for the planning, design, and 3 26 construction of a residential treatment facility for youth 3 27 with emotional and behavioral disorders: 3 28 FY 2004-2005...................................... $ 250,000 3 29 8. IOWA STATE FAIR AUTHORITY 3 30 For vertical infrastructure projects on the state 3 31 fairgrounds: 3 32 FY 2004-2005...................................... $ 250,000 3 33 For purposes of this subsection, "vertical infrastructure" 3 34 means the same as defined in section 8.57, subsection 5, 3 35 paragraph "c". 4 1 9. DEPARTMENT OF PUBLIC DEFENSE 4 2 a. For planning, design, and construction of a national 4 3 guard readiness center in or near Iowa City: 4 4 FY 2004-2005...................................... $ 2,150,000 4 5 b. For maintenance and repair of national guard armories 4 6 and facilities: 4 7 FY 2004-2005...................................... $ 1,269,636 4 8 c. For construction of a new national guard armory at 4 9 Boone: 4 10 FY 2004-2005...................................... $ 1,096,000 4 11 10. IOWA DEPARTMENT OF PUBLIC HEALTH 4 12 For treatment of addictive disorders, to be utilized for 4 13 the benefit of persons with addictions, notwithstanding 4 14 section 8.57, subsection 5, paragraph "c": 4 15 FY 2004-2005...................................... $ 1,690,000 4 16 It is the intent of the general assembly that from the 4 17 moneys appropriated in this subsection, persons with a dual 4 18 diagnosis of substance abuse and gambling addictions shall be 4 19 given priority in treatment services. 4 20 11. DEPARTMENT OF PUBLIC SAFETY 4 21 a. For capitol building and judicial building security, 4 22 notwithstanding section 8.57, subsection 5, paragraph "c": 4 23 FY 2004-2005...................................... $ 800,000 4 24 b. To expand the current capitol building card access 4 25 system to additional buildings and controlled-access parking 4 26 lots on the capitol complex, notwithstanding section 8.57, 4 27 subsection 5, paragraph "c": 4 28 FY 2004-2005...................................... $ 650,000 4 29 c. For costs of entering into a lease-purchase agreement 4 30 to upgrade the automated fingerprint identification system, 4 31 notwithstanding section 8.57, subsection 5, paragraph "c": 4 32 FY 2004-2005...................................... $ 550,000 4 33 d. For costs associated with improvements to Iowa's 4 34 electronic criminal information records system to comply with 4 35 national crime information center standards, notwithstanding 5 1 section 8.57, subsection 5, paragraph "c": 5 2 FY 2004-2005...................................... $ 500,000 5 3 12. STATE DEPARTMENT OF TRANSPORTATION 5 4 a. For operation and maintenance of the network of 5 5 automated weather observation and data transfer systems 5 6 associated with the Iowa aviation weather system, the runway 5 7 marking program for public airports, the windsock program for 5 8 public airports, and the aviation improvement program, 5 9 notwithstanding section 8.57, subsection 5, paragraph "c": 5 10 FY 2004-2005...................................... $ 500,000 5 11 b. For vertical infrastructure improvements at the 5 12 commercial air service airports within the state: 5 13 FY 2004-2005...................................... $ 1,100,000 5 14 One-half of the funds appropriated in this lettered 5 15 paragraph shall be allocated equally between each commercial 5 16 service airport, 40 percent of the funds shall be allocated 5 17 based on the percentage that the number of enplaned passengers 5 18 at each commercial service airport bears to the total number 5 19 of enplaned passengers in the state during the previous fiscal 5 20 year, and 10 percent of the funds shall be allocated based on 5 21 the percentage that the air cargo tonnage at each commercial 5 22 service airport bears to the total air cargo tonnage in the 5 23 state during the previous fiscal year. In order for a 5 24 commercial service airport to receive funding under this 5 25 lettered paragraph, the airport shall be required to submit 5 26 applications for funding of specific projects to the 5 27 department for approval by the state transportation 5 28 commission. 5 29 c. For a vertical infrastructure improvement grant program 5 30 for improvements at general aviation airports within the 5 31 state: 5 32 FY 2004-2005...................................... $ 581,400 5 33 13. OFFICE OF TREASURER OF STATE 5 34 For county fair infrastructure improvements for 5 35 distribution in accordance with chapter 174 to qualified fairs 6 1 which belong to the association of Iowa fairs: 6 2 FY 2004-2005...................................... $ 1,060,000 6 3 14. COMMISSION OF VETERANS AFFAIRS 6 4 For deposit in the veterans trust fund established in 6 5 section 35A.13, notwithstanding section 8.57, subsection 5, 6 6 paragraph "c": 6 7 FY 2004-2005...................................... $ 1,000,000 6 8 Sec. 2. PAYMENTS IN LIEU OF TUITION. There is 6 9 appropriated from the rebuild Iowa infrastructure fund to the 6 10 state board of regents for the fiscal year beginning July 1, 6 11 2004, and ending June 30, 2005, the following amount, or so 6 12 much thereof as may be necessary, to be used for the purpose 6 13 designated: 6 14 For allocation by the state board of regents to the state 6 15 university of Iowa, the Iowa state university of science and 6 16 technology, and the university of northern Iowa to reimburse 6 17 the institutions for deficiencies in their operating funds 6 18 resulting from the pledging of tuitions, student fees and 6 19 charges, and institutional income to finance the cost of 6 20 providing academic and administrative buildings and facilities 6 21 and utility services at the institutions, notwithstanding 6 22 section 8.57, subsection 5, paragraph "c": 6 23 .................................................. $ 391,804 6 24 Sec. 3. REVERSION. Notwithstanding section 8.33, moneys 6 25 appropriated in sections 1 and 2 of this division of this Act 6 26 shall not revert at the close of the fiscal year for which 6 27 they were appropriated but shall remain available for the 6 28 purposes designated until the close of the fiscal year that 6 29 begins July 1, 2007, or until the project for which the 6 30 appropriation was made is completed, whichever is earlier. 6 31 Sec. 4. 2003 Iowa Acts, chapter 177, section 6, subsection 6 32 2, is amended to read as follows: 6 33 2. For costs associated with theplanning for the vacation6 34and demolitiondisposition of the Wallace building: 6 35 .................................................. $ 50,000 7 1 The amount appropriated in this subsection shall be used to 7 2 conduct a complete evaluation and analysis regarding the 7 3 condition of the Wallace building and to make a recommendation 7 4 to the general assembly no later than January 31, 2005, as to 7 5 whether the Wallace building should be renovated for future 7 6 use or vacated and demolished. The recommendation shall 7 7 include cost estimates for renovation of the building and for 7 8 its demolition. 7 9 Sec. 5. 2003 Iowa Acts, chapter 177, section 14, is 7 10 amended to read as follows: 7 11 SEC. 14. REVERSION. Notwithstanding section 8.33, moneys 7 12 appropriated in this division of this Act shall not revert at 7 13 the close of the fiscal year for which they were appropriated 7 14 but shall remain available for the purposes designated until 7 15 the close of the fiscal year that begins July 1,20062007, or 7 16 until the project for which the appropriation was made is 7 17 completed, whichever is earlier. 7 18 Sec. 6. 2003 Iowa Acts, chapter 179, section 140, is 7 19 amended to read as follows: 7 20 SEC. 140. Notwithstanding section 8.33, unencumbered and 7 21 unobligated funds remaining from the appropriation made in 7 22 1996 Iowa Acts, chapter 1218, section 13, subsection 2, 7 23 paragraph "a", subparagraph (2), as amended by 1997 Iowa Acts, 7 24 chapter 215, section 3, and from the appropriation made in 7 25 1997 Iowa Acts, chapter 215, section 4, subsection 1, shall 7 26 not revert but shall be available for the purposes designated 7 27 in those provisions until the close of the fiscal year 7 28 beginning July 1,20032004. 7 29 Of the amount of unencumbered and unobligated funds 7 30 identified in this section, $180,000 shall be used for the 7 31 purposes described in 2003 Iowa Acts, chapter 177, section 6, 7 32 subsection 2, as amended by this 2004 Act. 7 33 Sec. 7. 2002 Iowa Acts, chapter 1173, section 18, as 7 34 amended by 2003 Iowa Acts, chapter 179, section 39, is amended 7 35 to read as follows: 8 1 SEC. 18. POOLED TECHNOLOGY FUNDING – PRIOR ALLOCATIONS – 8 2 NONREVERSION. Notwithstanding section 8.33, moneys 8 3 appropriated and allocated in 2001 Iowa Acts, chapter 189, 8 4 section 5, subsection 1, which remain unobligated or 8 5 unexpended at the close of the fiscal year for which they were 8 6 appropriated shall not revert, but shall remain available for 8 7 expenditure for the purposes for which they were appropriated 8 8 and allocated, for the fiscal period beginning July 1, 2002, 8 9 and ending June 30,20042005. Notwithstanding the 8 10 expenditure limitation in this section, the information 8 11 technology enterprise within the department of administrative 8 12 services may expend available moneys in the pooled technology 8 13 account established in the office of the treasurer of state to 8 14 complete the comprehensive study required under 2003 Iowa 8 15 Acts, chapter 145, section 290, subsection 2, paragraph "c". 8 16 Sec. 8. 2000 Iowa Acts, chapter 1225, section 2, as 8 17 amended by 2001 Iowa Acts, chapter 185, section 2, is amended 8 18 to read as follows: 8 19 SEC. 2. There is appropriated from the rebuild Iowa 8 20 infrastructure fund to the department of corrections for the 8 21 fiscal year beginning July 1, 2000, and ending June 30, 2001, 8 22 the following amounts, or so much thereof as is necessary, to 8 23 be used for the purposes designated: 8 24 1. To supplement funds appropriated in 1998 Iowa Acts, 8 25 chapter 1219, section 2, subsection 3, for construction of a 8 26 200-bed facility at the Iowa state penitentiary at Fort 8 27 Madison: 8 28 .................................................. $ 3,000,000 8 29 2. For community-based corrections projects: 8 30 .................................................. $ 900,000 8 31 The first $300,000 of the amount appropriated in this 8 32 subsection shall be allocated for community-based corrections 8 33 projects in Council Bluffs. The next $600,000 of the amount 8 34 appropriated in this subsection shall be allocated for 8 35 community-based corrections projects in the judicial district 9 1 in which the city of Davenport is located. These moneys may 9 2 be used by the department to enter into lease-purchasing 9 3 agreements or the payment of rent for such projects. 9 4 Notwithstanding section 8.33 and section 20 of this Act, 9 5 moneys appropriated in subsection 2 that remain unencumbered 9 6 or unobligated at the close of the fiscal year that begins 9 7 July 1, 2003, shall revert at the close of the fiscal year 9 8 that begins July 1, 2006. However, if the projects for which 9 9 the moneys are appropriated are completed in an earlier fiscal 9 10 year, unencumbered or unobligated moneys shall revert at the 9 11 close of that fiscal year. 9 12 Sec. 9. 2000 Iowa Acts, chapter 1225, section 19, 9 13 unnumbered paragraph 2, is amended to read as follows: 9 14 To supplement moneys appropriated in prior fiscal years for 9 15 construction of a new dining hall and food services facility 9 16 and renovation of the former Sheeler food preparation area: 9 17 .................................................. $ 992,000 9 18 Sec. 10. 2000 Iowa Acts, chapter 1225, section 20, is 9 19 amended to read as follows: 9 20 SEC. 20. REVERSION. Notwithstanding section 8.33, moneys 9 21 appropriated in this division of this Act that remain 9 22 unencumbered or unobligated at the close of the fiscal year 9 23 that begins July 1,20032004, shall revert at the close of 9 24 that fiscal year. However, if the projects for which the 9 25 moneys are appropriated are completed in an earlier fiscal 9 26 year, unencumbered or unobligated moneys shall revert at the 9 27 close of that fiscal year. 9 28 Sec. 11. GAMBLING TREATMENT FUND APPROPRIATION – REPEAL. 9 29 The section of 2004 Iowa Acts, Senate File 2298, appropriating 9 30 moneys from the gambling treatment fund to the Iowa department 9 31 of public health, if enacted, is repealed. 9 32 Sec. 12. Sections 4, 6, 7, 8, 9, and 10 of this division 9 33 of this Act, being deemed of immediate importance, take effect 9 34 upon enactment. 9 35 DIVISION II 10 1 ENVIRONMENT FIRST FUND 10 2 Sec. 13. There is appropriated from the environment first 10 3 fund to the following departments and agencies for the fiscal 10 4 year beginning July 1, 2004, and ending June 30, 2005, the 10 5 following amounts, or so much thereof as is necessary, to be 10 6 used for the purposes designated: 10 7 1. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 10 8 a. For the conservation reserve enhancement program to 10 9 restore and construct wetlands for the purposes of 10 10 intercepting tile line runoff, reducing nutrient loss, 10 11 improving water quality, and enhancing agricultural production 10 12 practices: 10 13 .................................................. $ 1,500,000 10 14 Not more than 5 percent of the moneys appropriated in this 10 15 lettered paragraph may be used for costs of administration and 10 16 implementation of soil and water conservation practices. 10 17 b. For continuation of a program that provides 10 18 multiobjective resource protections for flood control, water 10 19 quality, erosion control, and natural resource conservation: 10 20 .................................................. $ 2,700,000 10 21 Not more than 5 percent of the moneys appropriated in this 10 22 lettered paragraph may be used for costs of administration and 10 23 implementation of soil and water conservation practices. 10 24 c. For continuation of a statewide voluntary farm 10 25 management demonstration program to demonstrate the 10 26 effectiveness and adaptability of emerging practices in 10 27 agronomy that protect water resources and provide other 10 28 environmental benefits: 10 29 .................................................. $ 850,000 10 30 Not more than 5 percent of the moneys appropriated in this 10 31 lettered paragraph may be used for costs of administration and 10 32 implementation of soil and water conservation practices. 10 33 Of the amount appropriated in this lettered paragraph, 10 34 $400,000 shall be allocated to the Iowa soybean association's 10 35 agriculture and environment performance program. 11 1 d. For deposit in the alternative drainage system 11 2 assistance fund created in section 460.303 to be used for 11 3 purposes of supporting the alternative drainage system 11 4 assistance program as provided in section 460.304: 11 5 .................................................. $ 500,000 11 6 Not more than 5 percent of the moneys appropriated in this 11 7 lettered paragraph may be used for costs of administration and 11 8 implementation of soil and water conservation practices. 11 9 e. To provide financial assistance for the establishment 11 10 of permanent soil and water conservation practices: 11 11 .................................................. $ 5,500,000 11 12 (1) Not more than 5 percent of the moneys appropriated in 11 13 this lettered paragraph may be allocated for cost-sharing to 11 14 abate complaints filed under section 161A.47. 11 15 (2) Of the moneys appropriated in this lettered paragraph, 11 16 5 percent shall be allocated for financial incentives to 11 17 establish practices to protect watersheds above publicly owned 11 18 lakes of the state from soil erosion and sediment as provided 11 19 in section 161A.73. 11 20 (3) Not more than 30 percent of a district's allocation of 11 21 moneys as financial incentives may be provided for the purpose 11 22 of establishing management practices to control soil erosion 11 23 on land that is row-cropped, including but not limited to no- 11 24 till planting, ridge-till planting, contouring, and contour 11 25 strip-cropping as provided in section 161A.73. 11 26 (4) The state soil conservation committee created in 11 27 section 161A.4 may allocate moneys appropriated in this 11 28 lettered paragraph to conduct research and demonstration 11 29 projects to promote conservation tillage and nonpoint source 11 30 pollution control practices. 11 31 (5) The financial incentive payments may be used in 11 32 combination with department of natural resources moneys. 11 33 (6) Not more than 10 percent of the moneys appropriated in 11 34 this lettered paragraph may be used for costs of 11 35 administration and implementation of soil and water 12 1 conservation practices. 12 2 (7) A minimum of 50 percent of state conservation cost- 12 3 share and state-controlled federal funds shall be used to make 12 4 improvements in watersheds of impaired waters as identified by 12 5 the 303d list. 12 6 f. To encourage and assist farmers in enrolling in and the 12 7 implementation of federal conservation programs and work with 12 8 them to enhance their revegetation efforts to improve water 12 9 quality and habitat: 12 10 .................................................. $ 2,000,000 12 11 g. For deposit in the loess hills development and 12 12 conservation fund created in section 161D.2: 12 13 .................................................. $ 600,000 12 14 Of the amount appropriated in this lettered paragraph, 12 15 $400,000 shall be allocated to the hungry canyons account and 12 16 $200,000 shall be allocated to the loess hills alliance 12 17 account, to be used for the purposes for which the moneys in 12 18 those accounts are authorized to be used under chapter 161D. 12 19 No more than 5 percent of the moneys allocated to each account 12 20 in this lettered paragraph may be used for administrative 12 21 costs. 12 22 h. For deposit in the southern Iowa development and 12 23 conservation fund created in section 161D.12: 12 24 .................................................. $ 300,000 12 25 No more than 5 percent of the moneys appropriated in this 12 26 lettered paragraph may be used for administrative costs. 12 27 2. DEPARTMENT OF ECONOMIC DEVELOPMENT 12 28 For deposit in the brownfield redevelopment fund created in 12 29 section 15.293 to provide assistance under the brownfield 12 30 redevelopment program: 12 31 .................................................. $ 500,000 12 32 3. DEPARTMENT OF NATURAL RESOURCES 12 33 a. To provide local watershed managers with geographic 12 34 information system data for their use in developing, 12 35 monitoring, and displaying results of their watershed work: 13 1 .................................................. $ 195,000 13 2 b. For statewide coordination of volunteer efforts under 13 3 the water quality and keepers of the land programs: 13 4 .................................................. $ 100,000 13 5 c. For continuing the establishment and operation of water 13 6 quality monitoring stations: 13 7 .................................................. $ 2,955,000 13 8 d. For deposit in the administration account of the water 13 9 quality protection fund, to carry out the purposes of that 13 10 account: 13 11 .................................................. $ 500,000 13 12 e. For air quality monitoring equipment: 13 13 .................................................. $ 500,000 13 14 f. For the dredging of lakes, including necessary 13 15 preparation for dredging, in accordance with the department's 13 16 classification of Iowa lakes restoration report: 13 17 .................................................. $ 1,000,000 13 18 The department shall consider the following criteria for 13 19 funding lake dredging projects as provided in this lettered 13 20 paragraph, and shall prioritize projects based on the 13 21 following: 13 22 (1) Documented efforts to address watershed protection, 13 23 considering testing, conservation efforts, and amount of time 13 24 devoted to watershed protection. 13 25 (2) Protection of a natural resource and natural habitat. 13 26 (3) Percentage of public access and undeveloped lakefront 13 27 property. 13 28 (4) Continuation of current projects partially funded by 13 29 state resources to achieve department recommendations. 13 30 g. For purposes of funding capital projects for the 13 31 purposes specified in section 452A.79, and for expenditures 13 32 for the local cost share grants to be used for capital 13 33 expenditures to local governmental units for boating 13 34 accessibility: 13 35 .................................................. $ 2,300,000 14 1 h. For regular maintenance of state parks and staff time 14 2 associated with these activities: 14 3 .................................................. $ 2,000,000 14 4 RESOURCES ENHANCEMENT AND PROTECTION FUND 14 5 Sec. 14. Notwithstanding the amount of the standing 14 6 appropriation from the general fund of the state under section 14 7 455A.18, subsection 3, there is appropriated from the 14 8 environment first fund to the Iowa resources enhancement and 14 9 protection fund, in lieu of the appropriation made in section 14 10 455A.18, for the fiscal year beginning July 1, 2004, and 14 11 ending June 30, 2005, the following amount, to be allocated as 14 12 provided in section 455A.19: 14 13 .................................................. $ 11,000,000 14 14 Sec. 15. REVERSION. 14 15 1. Except as provided in subsection 2, and notwithstanding 14 16 section 8.33, moneys appropriated in this division of this Act 14 17 that remain unencumbered or unobligated shall not revert at 14 18 the close of the fiscal year for which they were appropriated 14 19 but shall remain available for the purposes designated until 14 20 the close of the fiscal year beginning July 1, 2005, or until 14 21 the project for which the appropriation was made is completed, 14 22 whichever is earlier. 14 23 2. Notwithstanding section 8.33, moneys appropriated in 14 24 this division of this Act to the department of agriculture and 14 25 land stewardship to provide financial assistance for the 14 26 establishment of permanent soil and water conservation 14 27 practices that remain unencumbered or unobligated at the close 14 28 of the fiscal year shall not revert but shall remain available 14 29 for expenditure for the purposes designated until the close of 14 30 the fiscal year that begins July 1, 2007. 14 31 DIVISION III 14 32 TOBACCO SETTLEMENT TRUST FUND 14 33 Sec. 16. There is appropriated from the tax-exempt bond 14 34 proceeds restricted capital funds account of the tobacco 14 35 settlement trust fund to the following departments and 15 1 agencies for the fiscal year beginning July 1, 2004, and 15 2 ending June 30, 2005, the following amounts, or so much 15 3 thereof as is necessary, to be used for the purposes 15 4 designated: 15 5 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 15 6 a. For the payment of claims relating to the purchase and 15 7 implementation of an integrated information for Iowa system, 15 8 notwithstanding section 12E.12, subsection 1, paragraph "b", 15 9 subparagraph (1): 15 10 .................................................. $ 6,049,284 15 11 b. For capitol interior restoration: 15 12 .................................................. $ 3,000,000 15 13 2. TAX-EXEMPT STATUS – USE OF APPROPRIATIONS. Payment of 15 14 moneys from the appropriations in this section shall be made 15 15 in a manner that does not adversely affect the tax-exempt 15 16 status of any outstanding bonds issued by the tobacco 15 17 settlement authority. 15 18 3. REVERSION. Notwithstanding section 8.33, moneys 15 19 appropriated in this section shall not revert at the close of 15 20 the fiscal year for which they were appropriated but shall 15 21 remain available for the purposes designated until the close 15 22 of the fiscal year that begins July 1, 2006, or until the 15 23 project for which the appropriation was made is completed, 15 24 whichever is earlier. 15 25 Sec. 17. PAYMENTS IN LIEU OF TUITION. There is 15 26 appropriated from the tax-exempt bond proceeds restricted 15 27 capital funds account of the tobacco settlement trust fund of 15 28 the state to the state board of regents for the fiscal year 15 29 beginning July 1, 2004, and ending June 30, 2005, the 15 30 following amount, or so much thereof as is necessary, to be 15 31 used for the purpose designated: 15 32 For allocation by the state board of regents to the state 15 33 university of Iowa, the Iowa state university of science and 15 34 technology, and the university of northern Iowa to reimburse 15 35 the institutions for deficiencies in their operating funds 16 1 resulting from the pledging of tuitions, student fees and 16 2 charges, and institutional income to finance the cost of 16 3 providing academic and administrative buildings and facilities 16 4 and utility services at the institutions, notwithstanding 16 5 section 12E.12, subsection 1, paragraph "b", subparagraph (1): 16 6 .................................................. $ 10,437,174 16 7 Sec. 18. IOWA COMMUNICATIONS NETWORK DEBT SERVICE. There 16 8 is appropriated from the tax-exempt bond proceeds restricted 16 9 capital funds account of the tobacco settlement trust fund to 16 10 the office of the treasurer of state for the fiscal year 16 11 beginning July 1, 2004, and ending June 30, 2005, the 16 12 following amount, or so much thereof as is necessary, to be 16 13 used for the purpose designated: 16 14 For debt service for the Iowa communications network, 16 15 notwithstanding section 12E.12, subsection 1, paragraph "b", 16 16 subparagraph (1): 16 17 .................................................. $ 13,039,778 16 18 Funds appropriated in this section shall be deposited in a 16 19 separate fund established in the office of the treasurer of 16 20 state to be used solely for debt service for the Iowa 16 21 communications network. The Iowa telecommunications and 16 22 technology commission shall certify to the treasurer of state 16 23 when a debt service payment is due, and upon receipt of the 16 24 certification, the treasurer shall make the payment. The 16 25 commission shall pay any additional amount due from funds 16 26 deposited in the Iowa communications network fund. 16 27 Sec. 19. PRISON DEBT SERVICE. There is appropriated from 16 28 the tax-exempt bond proceeds restricted capital funds account 16 29 of the tobacco settlement trust fund to the office of the 16 30 treasurer of state for the fiscal year beginning July 1, 2004, 16 31 and ending June 30, 2005, the following amount, or so much 16 32 thereof as is necessary, to be used for the purpose 16 33 designated: 16 34 For repayment of prison infrastructure bonds under section 16 35 16.177, notwithstanding section 12E.12, subsection 1, 17 1 paragraph "b", subparagraph (1): 17 2 .................................................. $ 5,413,324 17 3 Sec. 20. 2003 Iowa Acts, chapter 177, section 23, 17 4 subsection 3, is amended to read as follows: 17 5 3. Notwithstanding section 8.33, moneys appropriated in 17 6 this section shall not revert at the close of the fiscal year 17 7 for which they were appropriated, but shall remain available 17 8 for the purpose designated until the close of the fiscal year 17 9 that begins July 1,20082006, or until the project for which 17 10 the appropriation was made is completed, whichever is earlier. 17 11 Sec. 21. 2003 Iowa Acts, chapter 177, section 22, 17 12 subsection 8, is amended to read as follows: 17 13 8. DEPARTMENT OF PUBLIC SAFETY 17 14 For improvements to the capitol complex security system, 17 15 notwithstanding section 12E.12, subsection 1, paragraph "b", 17 16 subparagraph (1): 17 17 .................................................. $ 1,000,000 17 18 The moneys appropriated in this subsection may be used to 17 19 expand the current capitol building card access system to 17 20 additional buildings and controlled-access parking lots on the 17 21 capitol complex. 17 22 Sec. 22. 2002 Iowa Acts, chapter 1173, section 1, 17 23 subsection 7, paragraph a, is amended to read as follows: 17 24 a. For parking improvements and provision of street access 17 25 for the judicial building: 17 26 FY 2002-2003 ..................................... $ 700,000 17 27 FY 2003-2004 ..................................... $ 0 17 28 FY 2004-2005 ..................................... $ 0 17 29 FY 2005-2006 ..................................... $ 0 17 30 Of the amount appropriated in this subsection for FY 2002- 17 31 2003, up to $330,000 may be used for costs associated with 17 32 operation of the judicial building, notwithstanding section 17 33 12E.12, subsection 1, paragraph "b", subparagraph (1). 17 34 DIVISION IV 17 35 MISCELLANEOUS FUNDS 18 1 Sec. 23. GENERAL FUND APPROPRIATIONS. There is 18 2 appropriated from the general fund of the state to the state 18 3 department of transportation for the fiscal year beginning 18 4 July 1, 2004, and ending June 30, 2005, the following amounts, 18 5 or so much thereof as is necessary, to be used for the 18 6 purposes designated: 18 7 a. For operation and maintenance of the network of 18 8 automated weather observation and data transfer systems 18 9 associated with the Iowa aviation weather system, the runway 18 10 marking program for public airports, the windsock program for 18 11 public airports, and the aviation improvement program: 18 12 .................................................. $ 64,792 18 13 b. For the rail assistance program and to provide economic 18 14 development project funding: 18 15 .................................................. $ 35,959 18 16 Sec. 24. PRIMARY ROAD FUND APPROPRIATION. There is 18 17 appropriated from the primary road fund to the department of 18 18 administrative services for the fiscal year beginning July 1, 18 19 2004, and ending June 30, 2005, the following amount, or so 18 20 much thereof as is necessary, to be used for distribution to 18 21 the state department of transportation: 18 22 .................................................. $ 440,369 18 23 Moneys appropriated in this section shall be separately 18 24 accounted for in a distribution account and shall be 18 25 distributed to the state department of transportation to pay 18 26 for services provided the state department of transportation 18 27 by the department of administrative services as described in 18 28 chapter 8A. 18 29 Sec. 25. ROAD USE TAX FUND APPROPRIATION. There is 18 30 appropriated from the road use tax fund to the department of 18 31 administrative services for the fiscal year beginning July 1, 18 32 2004, and ending June 30, 2005, the following amount, or so 18 33 much thereof as is necessary, to be used for distribution to 18 34 the state department of transportation: 18 35 .................................................. $ 71,969 19 1 Moneys appropriated in this section shall be separately 19 2 accounted for in a distribution account and shall be 19 3 distributed to the state department of transportation to pay 19 4 for services provided the state department of transportation 19 5 by the department of administrative services as described in 19 6 chapter 8A. 19 7 Sec. 26. 2003 Iowa Acts, chapter 171, section 2, is 19 8 amended by inserting the following new unnumbered paragraph: 19 9 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, 19 10 moneys appropriated in subsection 1 that remain unencumbered 19 11 or unobligated at the close of the fiscal year shall not 19 12 revert but shall remain available for expenditure until the 19 13 close of the fiscal year that begins July 1, 2004, for the 19 14 purpose of restocking the department's salt storage. 19 15 Sec. 27. DEPARTMENT OF TRANSPORTATION – PERSONNEL 19 16 SERVICES PAYMENT – REPEAL. The portion of 2004 Iowa Acts, 19 17 Senate File 2298, relating to payments by the state department 19 18 of transportation to the department of administrative services 19 19 for personnel services provided, if enacted, is repealed. 19 20 Sec. 28. EFFECTIVE DATE. Section 26 of this division of 19 21 this Act, amending 2003 Iowa Acts, chapter 171, section 2, 19 22 being deemed of immediate importance, takes effect upon 19 23 enactment. 19 24 DIVISION V 19 25 CODE CHANGES 19 26 Sec. 29. Section 80.9, subsection 2, paragraph f, Code 19 27 2003, is amended to read as follows: 19 28 f. Provide protection and security for persons and 19 29 property on the grounds of the state capitol complex. 19 30 Notwithstanding chapter 8A or any other provision of law, the 19 31 department shall be solely responsible for the purchase, 19 32 installation, and maintenance of, including making any 19 33 improvements or additions to, executive branch capitol complex 19 34 security systems or equipment, including the changing of locks 19 35 and issuance of keys, access cards, and identification badges. 20 1 The department of administrative services shall cooperate with 20 2 the department of public safety in executing the department's 20 3 duties under this paragraph. 20 4 DIVISION VI 20 5 MISCELLANEOUS PROVISIONS 20 6 Sec. 30. Section 15E.208, subsection 3, paragraph b, 20 7 subparagraph (2), Code Supplement 2003, is amended by adding 20 8 the following new subparagraph subdivision: 20 9 NEW SUBPARAGRAPH SUBDIVISION. (c) Notwithstanding any 20 10 provision of this section or this division to the contrary, 20 11 the department shall forgive all interest on the principal 20 12 balance of the loan granted to an Iowa agricultural industry 20 13 finance corporation and assigned to an eligible person 20 14 pursuant to this section during calendar year 2003, whether 20 15 such interest has accrued prior to the effective date of this 20 16 Act or will accrue on or after the effective date of this Act. 20 17 In addition, each principal payment due under the assigned 20 18 loan shall be deferred for three years from its respective 20 19 payment date. 20 20 Sec. 31. Section 28M.1, subsection 2, if enacted by 2004 20 21 Iowa Acts, Senate File 2284, section 1, is amended to read as 20 22 follows: 20 23 2. "Regional transit district" means a public transit 20 24 district created by agreement pursuant to chapter 28E by one 20 25 or more counties and participating cities to provide support 20 26 for transportation of passengers by one or more public transit 20 27 systemswhich may be designated as a public transit system20 28under chapter 324A. 20 29 Sec. 32. Section 28M.1, if enacted by 2004 Iowa Acts, 20 30 Senate File 2284, section 1, is amended by adding the 20 31 following new subsection: 20 32 NEW SUBSECTION. 3. "Transportation" means the movement of 20 33 individuals in a four or more wheeled motorized vehicle 20 34 designed to carry passengers, including a car, van, or bus, or 20 35 the carrying of individuals upon cars operated upon stationary 21 1 rails, between one geographic point and another geographic 21 2 point. "Transportation" does not include emergency or 21 3 incidental transportation or transportation conducted by the 21 4 department of human services at its institutions. 21 5 Sec. 33. Section 28M.2, subsections 1 and 3, if enacted by 21 6 2004 Iowa Acts, Senate File 2284, section 2, is amended to 21 7 read as follows: 21 8 1. A county with a population in excess ofthreeone 21 9 hundred seventy-five thousand and participating cities may 21 10 create, by chapter 28E agreement, a regional transit district 21 11 in the county pursuant to this chapter. Two or more 21 12 contiguous counties and participating cities may create, by 21 13 chapter 28E agreement, a regional transit district pursuant to 21 14 this chapter if one of the counties has a population in excess 21 15 ofthreeone hundred seventy-five thousand. A district shall 21 16 consist of the unincorporated area of any participating county 21 17 and the incorporated area of any city in the county that does 21 18 not have an urban transit system. However, a city without an 21 19 urban transit system may decline, by resolution forwarded to 21 20 the board of supervisors, to participate in a regional transit 21 21 district. 21 22 3. A city that is located in a nonparticipating county 21 23 that is contiguous to a county with a population in excess of 21 24threeone hundred seventy-five thousand that is creating a 21 25 regional transit district may notify that county, by 21 26 resolution forwarded to the board of supervisors of that 21 27 county, that the city wishes to participate. 21 28 Sec. 34. Section 28M.2, if enacted by 2004 Iowa Acts, 21 29 Senate File 2284, section 2, is amended by adding the 21 30 following new subsection: 21 31 NEW SUBPARAGRAPH. 5. A regional transit district created 21 32 pursuant to this chapter may be designated as a public transit 21 33 system under chapter 324A if it is providing transportation as 21 34 that term is defined in section 324A.1. 21 35 Sec. 35. 2004 Iowa Acts, Senate File 2257, section 1, 22 1 subsection 10, if enacted, is amended to read as follows: 22 2 10. APPLICABILITY DATE. This section applies to personal 22 3 insurance contracts or policies delivered, issued for 22 4 delivery, continued, or renewed in this state on or after 22 5April 1, 2005October 1, 2004. 22 6 Sec. 36. 2003 Iowa Acts, chapter 145, section 290, 22 7 subsection 2, paragraph c, is amended to read as follows: 22 8 c. BySeptemberDecember 1, 2004, the department of 22 9 administrative services, with the assistance of the department 22 10 of management, shall conduct a comprehensive study of the 22 11 impact of transferring all state agency employees delivering 22 12 information technology services to the department of 22 13 administrative services and of the impact of physically 22 14 merging the data centers of the department, the state 22 15 department of transportation, and the department of workforce 22 16 development, into one data center. The study shall include an 22 17 assessment of advantages and disadvantages, economies of 22 18 scale, cost, and space availability, and shall solicit input 22 19 from outside vendors, both public and private. The department 22 20 shall report to the legislativefiscal bureauservices agency 22 21 and the committees on government oversight of the senate and 22 22 house of representatives on the department's findings and 22 23 recommendations byNovember 1,December 15, 2004. 22 24 Sec. 37. MENTAL HEALTH INSTITUTE AT CHEROKEE. If building 22 25 space located at the state mental health institute at Cherokee 22 26 being used by an organization other than the state will be 22 27 vacated by the organization, the department of human services 22 28 shall reserve the space to be available for the purposes 22 29 described in this section. The department shall develop a 22 30 plan for using vacant building space at the institute for a 22 31 program to address the treatment needs of persons with a 22 32 developmental disability who exhibit sexually violent behavior 22 33 and are residents at state resource centers or other 22 34 residential settings. 22 35 DIVISION VII 23 1 CORRECTIVE PROVISIONS 23 2 Sec. 38. Section 9E.6A, unnumbered paragraph 1, Code 2003, 23 3 as amended by 2004 Iowa Acts, House File 2516, section 1, if 23 4 enacted, is amended to read as follows: 23 5 Each person performing a notarial act pursuant to section 23 6 9E.10 must acquire and use a stamp or seal as provided in this 23 7 chapter. However, this section shall not apply to a notarial 23 8 act performed by a judicial officer as defined in section 23 9 602.1101, if the notarial act is performed in accordance with 23 10 state or federal statutory authority,or isand shall not 23 11 apply to a certification by a chief officer or a chief 23 12 officer's designee of a peace officer's verification of a 23 13 uniform citation and complaint pursuant to section 805.6, 23 14 subsection 5. 23 15 Sec. 39. Section 9H.1, subsection 17, Code Supplement 23 16 2003, is amended to read as follows: 23 17 17. "Limited partnership" means a limited partnership as 23 18 defined in section 487.101, subsection 7, andor 488.102, or a 23 19 limited liability limited partnership under section 487.1301 23 20 or chapter 488, which owns or leases agricultural land or is 23 21 engaged in farming. 23 22 Sec. 40. Section 9H.1, subsection 17, Code Supplement 23 23 2003, as amended by this division of this Act to take effect 23 24 January 1, 2005, is amended to read as follows: 23 25 17. "Limited partnership" means a limited partnership as 23 26 defined in section487.101 or488.102, or a limited liability 23 27 limited partnership undersection 487.1301 orchapter 488, 23 28 which owns or leases agricultural land or is engaged in 23 29 farming. 23 30 Sec. 41. Section 10B.1, subsection 8, Code Supplement 23 31 2003, is amended to read as follows: 23 32 8. "Limited partnership" means a foreign or domestic 23 33 limited partnership, including a limited partnership as 23 34 defined in section 487.101, subsection 7or 488.102, and a 23 35 domestic or foreign limited liability limited partnership 24 1 under section 487.1301 or 487.1303, or chapter 488. 24 2 Sec. 42. Section 10B.1, subsection 8, Code Supplement 24 3 2003, as amended by this division of this Act to take effect 24 4 January 1, 2005, is amended to read as follows: 24 5 8. "Limited partnership" means a foreign or domestic 24 6 limited partnership, including a limited partnership as 24 7 defined in section487.101 or488.102, and a domestic or 24 8 foreign limited liability limited partnership undersection24 9487.1301 or 487.1303, orchapter 488. 24 10 Sec. 43. Section 68A.402, subsection 7, paragraph b, as 24 11 amended by 2004 Iowa Acts, House File 2319, section 1, if 24 12 enacted, is amended to read as follows: 24 13 b. COUNTY ELECTIONS. A political committee expressly 24 14 advocating the nomination, election, or defeat of candidates 24 15 for county office shall file reports on the same dates as a 24 16 candidate's committee is required to file reports under 24 17 subsection 2, paragraph "a" and subsection 5, paragraph "b". 24 18 Sec. 44. Section 174.1, subsection 0B, paragraph a, as 24 19 enacted by House File 2403, section 8, is amended to read as 24 20 follows: 24 21 a. The organization owns or leases at least ten acres of 24 22 fairgrounds.A societyAn organization may meet the 24 23 requirement of owning or leasing land, buildings, and 24 24 improvements through ownership by a joint entity under chapter 24 25 28E. 24 26 Sec. 45. Section 174.12, subsection 2, unnumbered 24 27 paragraph 1, Code 2003, as amended by 2004 Iowa Acts, House 24 28 File 2403, section 16, is amended to read as follows: 24 29 A district director of the association representing the 24 30 district in which the county is located, and the director of 24 31 the Iowa state fair board representing the state fair board 24 32 district in which the county is located, certify to the 24 33 association that the fair had an accredited delegate in 24 34 attendance at at least one of the district meetings, and at 24 35 the association's annual meeting. 25 1 Sec. 46. Section 229.27, subsection 1, Code 2003, is 25 2 amended to read as follows: 25 3 1. Hospitalization of a person under this chapter, either 25 4 voluntarily or involuntarily, does not constitute a finding of 25 5 nor equate with nor raise a presumption of incompetency, nor 25 6 cause the person so hospitalized to be deemed a person of 25 7 unsound mind nor a person under legal disability for any 25 8 purpose, including but not limited to any circumstances to 25 9 which sections 6B.15, 447.7, 487.402, subsection 5, paragraph 25 10 "b", section 488.603, subsection 6, paragraph "c", sections 25 11 487.705, 488.704, 597.6, 600B.21, 614.8, 614.19, 614.22, 25 12 614.24, 614.27, and 633.244 are applicable. 25 13 Sec. 47. Section 229.27, subsection 1, Code 2003, as 25 14 amended by this division of this Act to take effect January 1, 25 15 2005, is amended to read as follows: 25 16 1. Hospitalization of a person under this chapter, either 25 17 voluntarily or involuntarily, does not constitute a finding of 25 18 nor equate with nor raise a presumption of incompetency, nor 25 19 cause the person so hospitalized to be deemed a person of 25 20 unsound mind nor a person under legal disability for any 25 21 purpose, including but not limited to any circumstances to 25 22 which sections 6B.15, 447.7,487.402, subsection 5, paragraph25 23"b",section 488.603, subsection 6, paragraph "c", sections 25 24 487.705, 488.704, 597.6, 600B.21, 614.8, 614.19, 614.22, 25 25 614.24, 614.27, and 633.244 are applicable. 25 26 Sec. 48. Section 260C.18A, subsection 2, unnumbered 25 27 paragraph 1, Code Supplement 2003, is amended to read as 25 28 follows: 25 29 On July 1 of each year for the fiscal year beginning July 25 30 1, 2003, and for every fiscal year thereafter, moneys from the 25 31 grow Iowa values fund created in section 15G.108 are 25 32 appropriated to the department of economic development for 25 33 deposit in the workforce training and economic development 25 34 funds in amounts determined pursuant to subsection34. 25 35 Moneys deposited in the funds and disbursed to community 26 1 colleges for a fiscal year shall be expended for the following 26 2 purposes, provided seventy percent of the moneys shall be used 26 3 on projects in the areas of advanced manufacturing, 26 4 information technology and insurance, and life sciences which 26 5 include the areas of biotechnology, health care technology, 26 6 and nursing care technology: 26 7 Sec. 49. Section 321I.2, unnumbered paragraph 2, if 26 8 enacted by 2004 Iowa Acts, Senate File 297, section 45, is 26 9 amended to read as follows: 26 10 The director of transportation may adopt rules not 26 11 inconsistent with this chapter regulating the use of all- 26 12 terrain vehicles on streets and highways.Cities may26 13designate streets under the jurisdiction of cities within26 14their respective corporate limits which may be used for the26 15sport of driving all-terrain vehicles.26 16 Sec. 50. Section 321I.10, if enacted by 2004 Iowa Acts, 26 17 Senate File 297, section 53, is amended by adding the 26 18 following new subsection: 26 19 NEW SUBSECTION. 2A. Cities may designate streets under 26 20 the jurisdiction of cities within their respective corporate 26 21 limits which may be used for the sport of driving all-terrain 26 22 vehicles. 26 23 Sec. 51. Section 331.606B, subsection 4, paragraph a, if 26 24 enacted by 2004 Iowa Acts, Senate File 371, section 3, is 26 25 amended to read as follows: 26 26 a. A document or instrument that was signed before July 1, 26 2720042005. 26 28 Sec. 52. Section 488.102, subsection 10, paragraph a, 26 29 subparagraph (2), as enacted by 2004 Iowa Acts, House File 26 30 2347, section 2, is amended to read as follows: 26 31 (2) A person that was a general partner in a limited 26 32 partnership when the limited partnership became subject to 26 33 this chapter under section488.1206488.1204, subsection 1 or 26 34 2. 26 35 Sec. 53. Section 488.102, subsection 12, paragraph a, 27 1 subparagraph (2), as enacted by 2004 Iowa Acts, House File 27 2 2347, section 2, is amended to read as follows: 27 3 (2) A person that was a limited partner in a limited 27 4 partnership when the limited partnership became subject to 27 5 this chapter under section488.1206488.1204, subsection 1 or 27 6 2. 27 7 Sec. 54. Section 488.102, subsection 13, as enacted by 27 8 2004 Iowa Acts, House File 2347, section 2, is amended to read 27 9 as follows: 27 10 13. "Limited partnership", except in the phrases "foreign 27 11 limited partnership" and "foreign limited liability limited 27 12 partnership", means an entity, having one or more general 27 13 partners and one or more limited partners, which is formed 27 14 under this chapter by two or more persons or becomes subject 27 15 to this chapter under article 11 or section488.1206488.1204, 27 16 subsection 1 or 2. The term includes a limited liability 27 17 limited partnership. 27 18 Sec. 55. Section 488.202, subsection 3, unnumbered 27 19 paragraph 1, as enacted by 2004 Iowa Acts, House File 2347, 27 20 section 20, is amended to read as follows: 27 21 A general partner that knows that any information in a 27 22 filed certificate of limited partnership was false when the 27 23 certificate was filed or has become false due to changed 27 24 circumstances shall promptly do at least one of the following: 27 25 Sec. 56. Section 488.209, subsection 1, paragraph c, as 27 26 enacted by 2004 Iowa Acts, House File 2347, section 27, is 27 27 amended to read as follows: 27 28 c. Whether all fees, taxes, and penalties under this 27 29 chapter or other law duetothe secretary of state have been 27 30 paid. 27 31 Sec. 57. Section 488.209, subsection 2, paragraph c, as 27 32 enacted by 2004 Iowa Acts, House File 2347, section 27, is 27 33 amended to read as follows: 27 34 c. Whether all fees, taxes, and penalties under this 27 35 chapter or other law duetothe secretary of state have been 28 1 paid. 28 2 Sec. 58. Section 488.508, subsection 6, as enacted by 2004 28 3 Iowa Acts, House File 2347, section 50, is amended to read as 28 4 follows: 28 5 6. A limited partnership's indebtedness, including 28 6 indebtedness issued in connection with or as part of a 28 7 distribution, is not considered a liability for purposes of 28 8 subsection 2 if the terms of the indebtedness provide that 28 9 payment of principal and interestareis made only to the 28 10 extent that a distribution could then be made to partners 28 11 under this section. 28 12 Sec. 59. Section 488.703, subsection 1, as enacted by 2004 28 13 Iowa Acts, House File 2347, section 61, is amended to read as 28 14 follows: 28 15 1. On application to a court of competent jurisdiction by 28 16 any judgment creditor of a partner or transferee, the court 28 17 may charge the transferable interest of the judgment debtor 28 18 with payment of the unsatisfied amount of the judgment with 28 19 interest. To the extent so charged, the judgment creditor has 28 20 only the rights of a transferee. The court may appoint a 28 21 receiver of the share of the distributions due or to become 28 22 duetothe judgment debtor in respect of the partnership and 28 23 make all other orders, directions, accounts, and inquiries the 28 24 judgment debtor might have made or which the circumstances of 28 25 the case may require to give effect to the charging order. 28 26 Sec. 60. Section 488.809, subsection 1, paragraph a, as 28 27 enacted by 2004 Iowa Acts, House File 2347, section 72, is 28 28 amended to read as follows: 28 29 a. Pay any fee, tax, or penalty under this chapter or 28 30 other law duetothe secretary of state. 28 31 Sec. 61. Section 488.906, subsection 1, paragraph a, as 28 32 enacted by 2004 Iowa Acts, House File 2347, section 81, is 28 33 amended to read as follows: 28 34 a. Pay, within sixty days after the due date, any fee, tax 28 35 or penalty under this chapter or other law duetothe 29 1 secretary of state. 29 2 Sec. 62. Section 488.1106, subsection 1, paragraph a, as 29 3 enacted by 2004 Iowa Acts, House File 2347, section 94, is 29 4 amended to read as follows: 29 5 a. The governing statute of each of the other 29 6 organizations authorizes the merger. 29 7 Sec. 63. Section 504.304, subsection 1, if enacted by 2004 29 8 Iowa Acts, Senate File 2274, section 27, is amended to read as 29 9 follows: 29 10 1. Except as provided in subsection 2, the validity of 29 11 corporate actionmayshall not be challenged on the ground 29 12 that the corporation lacks or lacked power to act. 29 13 Sec. 64. Section 504.854, subsection 3, paragraph b, if 29 14 enacted by 2004 Iowa Acts, Senate File 2274, section 104, is 29 15 amended to read as follows: 29 16 b. By the members, but the director who, at the time does 29 17 not qualify as a disinterested director,mayshall not vote as 29 18 a member or on behalf of a member. 29 19 Sec. 65. Section 504.1422, subsection 3, if enacted by 29 20 2004 Iowa Acts, Senate File 2274, section 145, is amended to 29 21 read as follows: 29 22 3. A corporation that is administratively dissolved 29 23 continues its corporate existence butmayshall not carry on 29 24 any activities except those necessary to wind up and liquidate 29 25 its affairs pursuant to section 504.1406 and notify its 29 26 claimants pursuant to sections 504.1407 and 504.1408. 29 27 Sec. 66. Section 669.14, subsection 11, unnumbered 29 28 paragraph 1, Code Supplement 2003, as amended by 2004 Iowa 29 29 Acts, House File 2347, section 116, is amended to read as 29 30 follows: 29 31 Any claim for financial loss based upon an act or omission 29 32 in financial regulation, including but not limited to 29 33 examinations, inspections, audits, or other financial 29 34 oversight responsibilities, pursuant to chapters 87, 203, 29 35 203C, 203D, 421B, 486,or the figure "487"487, 488, and 490 30 1 through 553, excluding chapters 540A, 542, 542B, 543B, 543C, 30 2 543D, 544A, and 544B. 30 3 Sec. 67. Section 714.26, subsection 1, paragraph c, if 30 4 enacted by 2004 Iowa Acts, House File 2395, is amended to read 30 5 as follows: 30 6 c. "Retail value" means the highest value of an item 30 7 determined by any reasonable standard at the time the item 30 8 bearing or identified by a counterfeit mark is seized. If a 30 9 seized item bearing or identified by a counterfeit mark is a 30 10 component of a finished product, "retail value" also means the 30 11 highest value, determined by any reasonable standard, of the 30 12 finished product on which the component would have been 30 13 utilized. The retail value shall be the retail value of the 30 14 aggregate quantity of all items seized which bear or are 30 15 identified by a counterfeit mark. For purposes of this 30 16 paragraph, reasonable standard includes but is not limitedthe30 17 to the market value within the community, actual value, 30 18 replacement value, or the counterfeiter's regular selling 30 19 price for the item bearing or identified by a counterfeit 30 20 mark, or the intellectual property owner's regular selling 30 21 price for an item similar to the item bearing or identified by 30 22 a counterfeit mark. 30 23 Sec. 68. Section 717E.1, subsection 3, paragraph a, if 30 24 enacted by 2004 Iowa Acts, House File 2480, section 1, is 30 25 amended to read as follows: 30 26 a. The annual fair and exposition held by the Iowa state 30 27 fair board pursuant to chapter 173 or any fairheldevent 30 28 conducted by acounty or districtfairor agricultural society30 29 under the provisions of chapter 174. 30 30 Sec. 69. Section 812.6, subsection 2, unnumbered paragraph 30 31 1, if enacted by 2004 Iowa Acts, Senate File 2272, section 8, 30 32 is amended to read as follows: 30 33 If the court finds by clear and convincing evidence that 30 34 the defendant poses a danger to the public peace or safety, or 30 35 that the defendant is otherwise not qualified for pretrial 31 1 release, or the defendant refuses to cooperate with treatment, 31 2 the court shall commit the defendant to an appropriate 31 3 inpatient treatment facility as provided inparagraphs31 4 paragraph "a"andor "b". The defendant shall receive mental 31 5 health treatment designed to restore the defendant to 31 6 competency. 31 7 Sec. 70. Sections 7D.15, 10D.1, 15.114, 15.221, 15E.64, 31 8 18A.11, 84A.1C, 225C.13, 303.3, 331.441, 357A.2, 357A.11, 31 9 357A.20, 357A.21, 357A.22A, 357A.23, 357A.24, 425.11, 476.1, 31 10 476.27, 480.3, 499.5, 499.5A, 500.3, 504C.1, 514.19, 514.23, 31 11 and 515.1, Code 2003, are amended by inserting before the 31 12 figure "504A" the following: "504 or", if 2004 Iowa Acts, 31 13 Senate File 2274 is enacted. 31 14 Sec. 71. Sections 9H.1, 9H.4, 10B.1, 190C.6, 304A.21, 31 15 331.427, 357A.15, 422.45, 490.1701, 504B.1, 504B.6, 513C.10, 31 16 514.1, 514.2, 514.5, 616.10, 633.63, and 716.6B, Code 31 17 Supplement 2003, are amended by inserting before the figure 31 18 "504A" the following: "504 or", if 2004 Iowa Acts, Senate 31 19 File 2274 is enacted. 31 20 Sec. 72. 2004 Iowa Acts, House File 401, section 1, is 31 21 amended by striking the section and inserting in lieu thereof 31 22 the following: 31 23 SECTION 1. Section 404A.4, subsection 4, Code Supplement 31 24 2003, is amended to read as follows: 31 25 4. The total amount of tax credits that may be approved 31 26 for a fiscal year under this chapter shall not exceed two 31 27 million four hundred thousand dollars. For the fiscal years 31 28 beginning July 1, 2005, and July 1, 2006, an additional five 31 29 hundred thousand dollars of tax credits may be approved each 31 30 fiscal year for purposes of projects located in cultural and 31 31 entertainment districts certified pursuant to section 303.3B. 31 32 Any of the additional tax credits allocated for projects 31 33 located in certified cultural and entertainment districts that 31 34 are not approved during a fiscal year may be carried over to 31 35 the succeeding fiscal year.Tax credit certificates shall be32 1issued on the basis of the earliest awardingThe department of 32 2 cultural affairs shall establish by rule the procedures for 32 3 the application, review, selection, and awarding of 32 4 certifications of completionas provided in subsection 1. The 32 5 departments of economic development, cultural affairs, and 32 6 revenue shall each adopt rules to jointly administer this 32 7 subsection and shall provide by rule for the method to be used 32 8 to determine for which fiscal year the tax credits are 32 9approvedavailable. 32 10 Sec. 73. 2004 Iowa Acts, Senate File 2070, section 35, 32 11 subsection 1, is amended to read as follows: 32 12 1. Except as provided in subsections 2 through46, this 32 13 Act takes effect January 1, 2005. 32 14 Sec. 74. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 32 15 1. The sections of this division of this Act amending 32 16 sections 9H.1 and 10B.1, Code Supplement 2003, and 229.27, 32 17 Code 2003, take effect January 1, 2005. The sections of this 32 18 division of this Act further amending sections 9H.1 and 10B.1, 32 19 Code Supplement 2003, and 229.27, Code 2003, as amended by 32 20 this division of this Act to take effect January 1, 2005, take 32 21 effect January 1, 2006. 32 22 2. The section of this division of this Act amending 32 23 section 260C.18A, being deemed of immediate importance, takes 32 24 effect upon enactment and applies retroactively to July 1, 32 25 2003. 32 26 3. The section of this division of this Act amending 2004 32 27 Iowa Acts, Senate File 2070, being deemed of immediate 32 28 importance, takes effect upon enactment and applies 32 29 retroactively to the date of enactment of Senate File 2070. 32 30 EXPLANATION 32 31 This bill makes appropriations for FY 2004-2005 and 32 32 modifies prior appropriations from the rebuild Iowa 32 33 infrastructure fund, environment first fund, the tax-exempt 32 34 bond proceeds restricted capital funds account of the tobacco 32 35 settlement trust fund, the state general fund, primary road 33 1 fund, road use tax fund, and gambling treatment fund for 33 2 various capital and other projects. The bill also makes 33 3 related Code changes and miscellaneous and corrective changes 33 4 to legislation passed during the 2004 regular session. 33 5 REBUILD IOWA INFRASTRUCTURE FUND. Appropriations from the 33 6 rebuild Iowa infrastructure fund include projects for the 33 7 departments of administrative services, the blind, 33 8 corrections, economic development, education, human services, 33 9 public defense, public health, public safety, and 33 10 transportation, and for the board of regents, Iowa state fair 33 11 authority, treasurer of state, and the commission of veterans 33 12 affairs, and to the state board of regents for tuition 33 13 replacement. 33 14 ENVIRONMENT FIRST FUND. The bill appropriates funds from 33 15 the environment first fund to the departments of agriculture 33 16 and land stewardship, economic development, and natural 33 17 resources. The bill appropriates $11 million from the 33 18 environment first fund to the resources enhancement and 33 19 protection fund in lieu of the $20 million appropriated by 33 20 statute from the general fund of the state. 33 21 TOBACCO SETTLEMENT TRUST FUND. The bill makes 33 22 appropriations and modifies prior appropriations from the tax- 33 23 exempt bond proceeds restricted capital funds account of the 33 24 tobacco settlement trust fund for projects for the department 33 25 of administrative services and other agencies. 33 26 The bill also appropriates funds from the tax-exempt bond 33 27 proceeds restricted capital funds account of the tobacco 33 28 settlement trust fund to the state board of regents for 33 29 tuition replacement and to the office of the treasurer of 33 30 state for debt service for the Iowa communications network, 33 31 and repayment of prison infrastructure bonds. 33 32 MISCELLANEOUS FUNDS. The bill makes appropriations from 33 33 the general fund to the state department of transportation for 33 34 aviation improvement programs and for the rail assistance 33 35 program and to provide economic development project funding. 34 1 The bill makes appropriations from the primary road fund and 34 2 the road use tax fund to the state department of 34 3 transportation to pay for services provided by the department 34 4 of administrative services. 34 5 CODE CHANGES. The bill amends Code section 80.9 to provide 34 6 that the department of public safety is solely responsible for 34 7 certain executive branch capitol complex security system and 34 8 equipment activities. The bill directs the department of 34 9 administrative services to cooperate with the department of 34 10 public safety in its execution of such activities. 34 11 MISCELLANEOUS PROVISIONS. The bill amends Code section 34 12 15E.208 to direct the department of economic development to 34 13 forgive any interest on a loan to an Iowa agricultural 34 14 industry finance corporation which was assigned to an eligible 34 15 person during calendar year 2003. The bill also provides that 34 16 each principal payment due under the assigned loan shall be 34 17 deferred for three years from its respective payment date. 34 18 The bill also amends Senate File 2284, passed in the 2004 34 19 Session of the general assembly, to define transportation as 34 20 the movement or carrying of individuals in a wheeled motorized 34 21 vehicle or upon cars operated upon stationary rails. Senate 34 22 File 2284 is also amended to change the population threshold 34 23 for creation of regional transit districts from counties with 34 24 a population in excess of 300,000 to counties with a 34 25 population in excess of 175,000. The division also provides 34 26 that a regional transit district may be designated as a public 34 27 transit system under chapter 324A, relating to transportation 34 28 programs, if such district is providing transportation as that 34 29 term is defined in chapter 324A. 34 30 The bill revises an applicability date provision for 2004 34 31 Iowa Acts, Senate File 2257, relating to the use of credit 34 32 information for certain insurance underwriting and rating 34 33 risks activities. The bill moves the date from April 1, 2005, 34 34 to October 1, 2004. 34 35 The bill extends the time periods within which the 35 1 department of administrative services must conduct a study of 35 2 the impact of transferring all information technology related 35 3 state employees to the department and of physically merging 35 4 the data centers of the department, the state department of 35 5 transportation, and the department of workforce development, 35 6 and within which the department must report its findings and 35 7 recommendations to the legislative services agency and certain 35 8 legislative standing committees. 35 9 The bill provides that if building space at the state 35 10 mental health institute at Cherokee that is being used by an 35 11 outside organization is going to be vacated, the department of 35 12 human services is directed to reserve the space. The 35 13 department is also directed to develop a plan for using vacant 35 14 building space at Cherokee for a program to address the 35 15 treatment needs of persons with a developmental disability who 35 16 exhibit sexually violent behavior and are residents at state 35 17 resource centers or other residential settings. 35 18 CORRECTIVE PROVISIONS. Code section 9E.6A, as amended by 35 19 2004 Iowa Acts, House File 2516, relating to notarial acts, is 35 20 amended to specify that the requirement to use a stamp or seal 35 21 does not apply to a law enforcement officer's certification of 35 22 a uniform citation and complaint and that such an act is not 35 23 an act of a judicial officer. 35 24 Code sections 9H.1, 10B.1, and 229.27 are amended to 35 25 include conforming amendments to the uniform limited 35 26 partnership Act enacted by House File 2347 in the 2004 Regular 35 27 Session. The amendments are necessary to refer to sections of 35 28 Code chapter 487 for 2005 and to refer to sections of new Code 35 29 chapter 488 for 2006 and beyond, and special effective dates 35 30 are included to accomplish this necessary result. 35 31 Code section 68A.402 is amended to make grammatical 35 32 corrections in House File 2319, which relates to the filing of 35 33 campaign finance reports. 35 34 Code section 174.1, as amended in 2004 Iowa Acts, House 35 35 File 2403, relating to fairs, is amended to correct the 36 1 definition of a fair in order to recognize that an 36 2 organization rather than a society is incorporated to operate 36 3 a fair. 36 4 Code section 174.12, relating to the certification process 36 5 for local fairs, is amended to correct a grammatical 36 6 construction. 36 7 Code section 260C.18A, relating to grow Iowa values fund 36 8 appropriations to community college workforce training and 36 9 economic development funds, is amended to correct an internal 36 10 reference to a subsection. The amendment is made effective 36 11 upon enactment and retroactively applicable to July 1, 2003, 36 12 the effective date of the original enactment of Code section 36 13 260C.18A. 36 14 Code sections 321I.2 and 321I.10, if enacted by 2004 Iowa 36 15 Acts, Senate File 297, relating to the regulation of all- 36 16 terrain vehicles, are amended by codifying a provision that 36 17 allows cities to designate streets under their jurisdiction 36 18 for the sport of driving all-terrain vehicles in the more 36 19 appropriate Code section that regulates the operation of all- 36 20 terrain vehicles on roadways and highways. 36 21 Code section 331.606B, if enacted by 2004 Iowa Acts, Senate 36 22 File 371, is amended to change the date that documents or 36 23 instruments recorded with the county recorder are exempt from 36 24 the new formatting requirements. The date is changed from 36 25 July 1, 2004, to July 1, 2005, to conform with other 36 26 provisions of the bill. 36 27 Code section 488.102 is amended to correct three internal 36 28 references to another section of new Code chapter 488, which 36 29 contains the uniform limited partnership Act enacted in House 36 30 File 2347. Code sections 488.202, 488.209, 488.508, 488.703, 36 31 488.809, 488.906, 488.1106, and 669.14, all contained in House 36 32 File 2347, are amended to make grammatical corrections, most 36 33 of which relate to the use of prepositions, articles, and 36 34 verbs. 36 35 Code sections 504.304, 504.854, and 504.1422, if enacted in 37 1 2004 Iowa Acts, Senate File 2274, relating to the revised Iowa 37 2 nonprofit corporation Act provide that certain actions "shall" 37 3 not be taken instead of "may" not be taken, in order to be 37 4 consistent with existing Code style. 37 5 Code section 714.26, subsection 1, paragraph "c", if 37 6 enacted by 2004 Iowa Acts, House File 2395, defining retail 37 7 value for purposes of the crime of intellectual property 37 8 counterfeiting, is amended to correct a grammatical 37 9 construction. 37 10 Code section 717E.1, if enacted by 2004 Iowa Acts, House 37 11 File 2480, relating to the prohibition of awarding pets as 37 12 prizes, is amended to use the term "fair event" as newly 37 13 defined for purposes of Code chapter 174 by 2004 Iowa Acts, 37 14 House File 2403. 37 15 Code section 812.6, subsection 2, if enacted by 2004 Iowa 37 16 Acts, Senate File 2272, which relates to mentally incompetent 37 17 criminal defendants, is amended to use the disjunctive "or" to 37 18 correctly indicate that treatment may be ordered in the 37 19 alternative, depending upon the danger the defendant poses. 37 20 Numerous sections of the 2003 Code and 2003 Code Supplement 37 21 are amended to refer to new Code chapter 504, the revised Iowa 37 22 nonprofit corporation Act in addition to referring to the 37 23 existing nonprofit corporation Act contained in Code chapter 37 24 504A, which will be repealed on July 1, 2005. 37 25 2004 Iowa Acts, House File 401, relating to property 37 26 rehabilitation tax credits and certificates, is amended to 37 27 display the correct Code Supplement 2003 version of the Code 37 28 section being amended, since the House File was drafted prior 37 29 to publication of the Code Supplement 2003. The amendment 37 30 does not make substantive changes to House File 401 as 37 31 enacted. 37 32 2004 Iowa Acts, Senate File 2070, relating to motor vehicle 37 33 security interests and certain electric personal assistive 37 34 mobility devices, is amended to correct an internal reference 37 35 to make certain that these provisions take effect upon 38 1 enactment. The amendment is made effective upon enactment and 38 2 retroactively applicable to the date of enactment of Senate 38 3 File 2070. 38 4 LSB 5180HC 80 38 5 nh/sh/8
Text: HSB00729 Text: HSB00731 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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