Text: SSB03177 Text: SSB03179 Text: SSB03100 - SSB03199 Text: SSB 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...................................... $ 10,000,000 1 35 Of the amount appropriated in this lettered paragraph, 2 1 $200,000 may be used for costs associated with the vertical 2 2 infrastructure program, notwithstanding section 8.57, 2 3 subsection 5, paragraph "c". 2 4 e. For costs associated with the remodeling of the records 2 5 and property center: 2 6 FY 2004-2005...................................... $ 5,000,000 2 7 FY 2005-2006...................................... $ 4,700,000 2 8 2. DEPARTMENT FOR THE BLIND 2 9 For the remodeling of the orientation center: 2 10 FY 2004-2005...................................... $ 67,000 2 11 3. DEPARTMENT OF CORRECTIONS 2 12 For costs of entering into a lease-purchase agreement to 2 13 connect the electrical system supporting the special needs 2 14 unit at Fort Madison: 2 15 FY 2004-2005...................................... $ 333,168 2 16 4. DEPARTMENT OF ECONOMIC DEVELOPMENT 2 17 a. For accelerated career education program capital 2 18 projects at community colleges that are authorized under 2 19 chapter 260G and that meet the definition of "vertical 2 20 infrastructure" in section 8.57, subsection 5, paragraph "c": 2 21 FY 2004-2005...................................... $ 4,000,000 2 22 The moneys appropriated in this lettered paragraph shall be 2 23 allocated equally among the community colleges in the state. 2 24 If any portion of the equal allocation to a community college 2 25 is not obligated or encumbered by April 1, 2005, the 2 26 unobligated and unencumbered portions shall be available for 2 27 use by other community colleges. 2 28 b. For costs associated with Iowa's hosting of the 2 29 national special Olympics, notwithstanding section 8.57, 2 30 subsection 5, paragraph "c": 2 31 FY 2004-2005...................................... $ 1,000,000 2 32 5. DEPARTMENT OF EDUCATION 2 33 a. For allocation to the public broadcasting division for 2 34 costs of installation of digital and analog television for 2 35 Iowa public television facilities, notwithstanding section 3 1 8.57, subsection 5, paragraph "c": 3 2 FY 2004-2005...................................... $ 10,000,000 3 3 FY 2005-2006...................................... $ 8,300,000 3 4 b. For maintenance and lease costs associated with part 3 5 III connections, notwithstanding section 8.57, subsection 5, 3 6 paragraph "c": 3 7 FY 2004-2005...................................... $ 2,727,000 3 8 c. For costs associated with the remodeling of the Jessie 3 9 Parker building: 3 10 FY 2004-2005...................................... $ 303,632 3 11 6. IOWA STATE FAIR AUTHORITY 3 12 For vertical infrastructure projects on the state 3 13 fairgrounds: 3 14 FY 2004-2005...................................... $ 250,000 3 15 For purposes of this subsection, "vertical infrastructure" 3 16 means the same as defined in section 8.57, subsection 5, 3 17 paragraph "c". 3 18 7. DEPARTMENT OF PUBLIC DEFENSE 3 19 a. For planning, design, and construction of a national 3 20 guard readiness center in or near Iowa City: 3 21 FY 2004-2005...................................... $ 2,150,000 3 22 b. For maintenance and repair of national guard armories 3 23 and facilities: 3 24 FY 2004-2005...................................... $ 1,269,636 3 25 c. For construction of a new national guard armory at 3 26 Boone: 3 27 FY 2004-2005...................................... $ 1,096,000 3 28 8. DEPARTMENT OF PUBLIC SAFETY 3 29 a. For capitol building and judicial building security, 3 30 notwithstanding section 8.57, subsection 5, paragraph "c": 3 31 FY 2004-2005...................................... $ 800,000 3 32 b. To expand the current capitol building card access 3 33 system to additional buildings and controlled-access parking 3 34 lots on the capitol complex, notwithstanding section 8.57, 3 35 subsection 5, paragraph "c": 4 1 FY 2004-2005...................................... $ 650,000 4 2 c. For costs of entering into a lease-purchase agreement 4 3 to upgrade the automated fingerprint identification system, 4 4 notwithstanding section 8.57, subsection 5, paragraph "c": 4 5 FY 2004-2005...................................... $ 550,000 4 6 d. For costs associated with improvements to Iowa's 4 7 electronic criminal information records system to comply with 4 8 national crime information center standards, notwithstanding 4 9 section 8.57, subsection 5, paragraph "c": 4 10 FY 2004-2005...................................... $ 500,000 4 11 9. STATE DEPARTMENT OF TRANSPORTATION 4 12 a. For operation and maintenance of the network of 4 13 automated weather observation and data transfer systems 4 14 associated with the Iowa aviation weather system, the runway 4 15 marking program for public airports, the windsock program for 4 16 public airports, and the aviation improvement program, 4 17 notwithstanding section 8.57, subsection 5, paragraph "c": 4 18 FY 2004-2005...................................... $ 500,000 4 19 b. For vertical infrastructure improvements at the 4 20 commercial air service airports within the state: 4 21 FY 2004-2005...................................... $ 1,100,000 4 22 One-half of the funds appropriated in this lettered 4 23 paragraph shall be allocated equally between each commercial 4 24 service airport, 40 percent of the funds shall be allocated 4 25 based on the percentage that the number of enplaned passengers 4 26 at each commercial service airport bears to the total number 4 27 of enplaned passengers in the state during the previous fiscal 4 28 year, and 10 percent of the funds shall be allocated based on 4 29 the percentage that the air cargo tonnage at each commercial 4 30 service airport bears to the total air cargo tonnage in the 4 31 state during the previous fiscal year. In order for a 4 32 commercial service airport to receive funding under this 4 33 lettered paragraph, the airport shall be required to submit 4 34 applications for funding of specific projects to the 4 35 department for approval by the state transportation 5 1 commission. 5 2 c. For a vertical infrastructure improvement grant program 5 3 for improvements at general aviation airports within the 5 4 state: 5 5 FY 2004-2005...................................... $ 581,400 5 6 10. OFFICE OF TREASURER OF STATE 5 7 For county fair infrastructure improvements for 5 8 distribution in accordance with chapter 174 to qualified fairs 5 9 which belong to the association of Iowa fairs: 5 10 FY 2004-2005...................................... $ 1,060,000 5 11 Sec. 2. PAYMENTS IN LIEU OF TUITION. There is 5 12 appropriated from the rebuild Iowa infrastructure fund to the 5 13 state board of regents for the fiscal year beginning July 1, 5 14 2004, and ending June 30, 2005, the following amount, or so 5 15 much thereof as may be necessary, to be used for the purpose 5 16 designated: 5 17 For allocation by the state board of regents to the state 5 18 university of Iowa, the Iowa state university of science and 5 19 technology, and the university of northern Iowa to reimburse 5 20 the institutions for deficiencies in their operating funds 5 21 resulting from the pledging of tuitions, student fees and 5 22 charges, and institutional income to finance the cost of 5 23 providing academic and administrative buildings and facilities 5 24 and utility services at the institutions, notwithstanding 5 25 section 8.57, subsection 5, paragraph "c": 5 26 .................................................. $ 391,804 5 27 Sec. 3. REVERSION. Notwithstanding section 8.33, moneys 5 28 appropriated in sections 1 and 2 of this division of this Act 5 29 shall not revert at the close of the fiscal year for which 5 30 they were appropriated but shall remain available for the 5 31 purposes designated until the close of the fiscal year that 5 32 begins July 1, 2007, or until the project for which the 5 33 appropriation was made is completed, whichever is earlier. 5 34 Sec. 4. 2003 Iowa Acts, chapter 177, section 6, subsection 5 35 2, is amended to read as follows: 6 1 2. For costs associated with theplanning for the vacation6 2and demolitiondisposition of the Wallace building: 6 3 .................................................. $ 50,000 6 4 The amount appropriated in this subsection shall be used to 6 5 conduct a complete evaluation and analysis regarding the 6 6 condition of the Wallace building and to make a recommendation 6 7 to the general assembly no later than January 31, 2005, as to 6 8 whether the Wallace building should be renovated for future 6 9 use or vacated and demolished. The recommendation shall 6 10 include cost estimates for renovation of the building and for 6 11 its demolition. 6 12 Sec. 5. 2003 Iowa Acts, chapter 177, section 14, is 6 13 amended to read as follows: 6 14 SEC. 14. REVERSION. Notwithstanding section 8.33, moneys 6 15 appropriated in this division of this Act shall not revert at 6 16 the close of the fiscal year for which they were appropriated 6 17 but shall remain available for the purposes designated until 6 18 the close of the fiscal year that begins July 1,20062007, or 6 19 until the project for which the appropriation was made is 6 20 completed, whichever is earlier. 6 21 Sec. 6. 2003 Iowa Acts, chapter 179, section 140, is 6 22 amended to read as follows: 6 23 SEC. 140. Notwithstanding section 8.33, unencumbered and 6 24 unobligated funds remaining from the appropriation made in 6 25 1996 Iowa Acts, chapter 1218, section 13, subsection 2, 6 26 paragraph "a", subparagraph (2), as amended by 1997 Iowa Acts, 6 27 chapter 215, section 3, and from the appropriation made in 6 28 1997 Iowa Acts, chapter 215, section 4, subsection 1, shall 6 29 not revert but shall be available for the purposes designated 6 30 in those provisions until the close of the fiscal year 6 31 beginning July 1,20032004. 6 32 Of the amount of unencumbered and unobligated funds 6 33 identified in this section, $180,000 shall be used for the 6 34 purposes described in 2003 Iowa Acts, chapter 177, section 6, 6 35 subsection 2, as amended by this 2004 Act. 7 1 Sec. 7. 2000 Iowa Acts, chapter 1225, section 2, as 7 2 amended by 2001 Iowa Acts, chapter 185, section 2, is amended 7 3 to read as follows: 7 4 SEC. 2. There is appropriated from the rebuild Iowa 7 5 infrastructure fund to the department of corrections for the 7 6 fiscal year beginning July 1, 2000, and ending June 30, 2001, 7 7 the following amounts, or so much thereof as is necessary, to 7 8 be used for the purposes designated: 7 9 1. To supplement funds appropriated in 1998 Iowa Acts, 7 10 chapter 1219, section 2, subsection 3, for construction of a 7 11 200-bed facility at the Iowa state penitentiary at Fort 7 12 Madison: 7 13 .................................................. $ 3,000,000 7 14 2. For community-based corrections projects: 7 15 .................................................. $ 900,000 7 16 The first $300,000 of the amount appropriated in this 7 17 subsection shall be allocated for community-based corrections 7 18 projects in Council Bluffs. The next $600,000 of the amount 7 19 appropriated in this subsection shall be allocated for 7 20 community-based corrections projects in the judicial district 7 21 in which the city of Davenport is located. These moneys may 7 22 be used by the department to enter into lease-purchasing 7 23 agreements or the payment of rent for such projects. 7 24 Notwithstanding section 8.33 and section 20 of this Act, 7 25 moneys appropriated in subsection 2 that remain unencumbered 7 26 or unobligated at the close of the fiscal year that begins 7 27 July 1, 2003, shall revert at the close of the fiscal year 7 28 that begins July 1, 2006. However, if the projects for which 7 29 the moneys are appropriated are completed in an earlier fiscal 7 30 year, unencumbered or unobligated moneys shall revert at the 7 31 close of that fiscal year. 7 32 Sec. 8. 2000 Iowa Acts, chapter 1225, section 19, 7 33 unnumbered paragraph 2, is amended to read as follows: 7 34 To supplement moneys appropriated in prior fiscal years for 7 35 construction of a new dining hall and food services facility 8 1 and renovation of the former Sheeler food preparation area: 8 2 .................................................. $ 992,000 8 3 Sec. 9. 2000 Iowa Acts, chapter 1225, section 20, is 8 4 amended to read as follows: 8 5 SEC. 20. REVERSION. Notwithstanding section 8.33, moneys 8 6 appropriated in this division of this Act that remain 8 7 unencumbered or unobligated at the close of the fiscal year 8 8 that begins July 1,20032004, shall revert at the close of 8 9 that fiscal year. However, if the projects for which the 8 10 moneys are appropriated are completed in an earlier fiscal 8 11 year, unencumbered or unobligated moneys shall revert at the 8 12 close of that fiscal year. 8 13 Sec. 10. Sections 4, 6, 7, 8, and 9 of this division of 8 14 this Act, being deemed of immediate importance, take effect 8 15 upon enactment. 8 16 DIVISION II 8 17 ENVIRONMENT FIRST FUND 8 18 Sec. 11. There is appropriated from the environment first 8 19 fund to the following departments and agencies for the fiscal 8 20 year beginning July 1, 2004, and ending June 30, 2005, the 8 21 following amounts, or so much thereof as is necessary, to be 8 22 used for the purposes designated: 8 23 1. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 8 24 a. For the conservation reserve enhancement program to 8 25 restore and construct wetlands for the purposes of 8 26 intercepting tile line runoff, reducing nutrient loss, 8 27 improving water quality, and enhancing agricultural production 8 28 practices: 8 29 .................................................. $ 1,500,000 8 30 b. For continuation of a program that provides 8 31 multiobjective resource protections for flood control, water 8 32 quality, erosion control, and natural resource conservation: 8 33 .................................................. $ 2,700,000 8 34 c. For continuation of a statewide voluntary farm 8 35 management demonstration program to demonstrate the 9 1 effectiveness and adaptability of emerging practices in 9 2 agronomy that protect water resources and provide other 9 3 environmental benefits: 9 4 .................................................. $ 850,000 9 5 Of the amount appropriated in this lettered paragraph, 9 6 $400,000 shall be allocated to the Iowa soybean association's 9 7 agriculture and environment performance program. 9 8 d. For deposit in the alternative drainage system 9 9 assistance fund created in section 460.303 to be used for 9 10 purposes of supporting the alternative drainage system 9 11 assistance program as provided in section 460.304: 9 12 .................................................. $ 500,000 9 13 e. To provide financial assistance for the establishment 9 14 of permanent soil and water conservation practices: 9 15 .................................................. $ 5,500,000 9 16 (1) Not more than 5 percent of the moneys appropriated in 9 17 this lettered paragraph may be allocated for cost-sharing to 9 18 abate complaints filed under section 161A.47. 9 19 (2) Of the moneys appropriated in this lettered paragraph, 9 20 5 percent shall be allocated for financial incentives to 9 21 establish practices to protect watersheds above publicly owned 9 22 lakes of the state from soil erosion and sediment as provided 9 23 in section 161A.73. 9 24 (3) Not more than 30 percent of a district's allocation of 9 25 moneys as financial incentives may be provided for the purpose 9 26 of establishing management practices to control soil erosion 9 27 on land that is row-cropped, including but not limited to no- 9 28 till planting, ridge-till planting, contouring, and contour 9 29 strip-cropping as provided in section 161A.73. 9 30 (4) The state soil conservation committee created in 9 31 section 161A.4 may allocate moneys appropriated in this 9 32 lettered paragraph to conduct research and demonstration 9 33 projects to promote conservation tillage and nonpoint source 9 34 pollution control practices. 9 35 (5) The financial incentive payments may be used in 10 1 combination with department of natural resources moneys. 10 2 (6) Not more than 10 percent of the moneys appropriated in 10 3 this lettered paragraph may be used for costs of 10 4 administration and implementation of soil and water 10 5 conservation practices. 10 6 (7) A minimum of 50 percent of state conservation cost- 10 7 share and state-controlled federal funds shall be used to make 10 8 improvements in watersheds of impaired waters as identified by 10 9 the 303d list. 10 10 f. To encourage and assist farmers in enrolling in and the 10 11 implementation of federal conservation programs and work with 10 12 them to enhance their revegetation efforts to improve water 10 13 quality and habitat: 10 14 .................................................. $ 2,000,000 10 15 g. For deposit in the loess hills development and 10 16 conservation fund created in section 161D.2: 10 17 .................................................. $ 600,000 10 18 Of the amount appropriated in this lettered paragraph, 10 19 $400,000 shall be allocated to the hungry canyons account and 10 20 $200,000 shall be allocated to the loess hills alliance 10 21 account, to be used for the purposes for which the moneys in 10 22 those accounts are authorized to be used under chapter 161D. 10 23 No more than 5 percent of the moneys allocated to each account 10 24 in this lettered paragraph may be used for administrative 10 25 costs. 10 26 h. For deposit in the southern Iowa development and 10 27 conservation fund created in section 161D.12: 10 28 .................................................. $ 300,000 10 29 No more than 5 percent of the moneys appropriated in this 10 30 lettered paragraph may be used for administrative costs. 10 31 2. DEPARTMENT OF ECONOMIC DEVELOPMENT 10 32 For deposit in the brownfield redevelopment fund created in 10 33 section 15.293 to provide assistance under the brownfield 10 34 redevelopment program: 10 35 .................................................. $ 500,000 11 1 3. DEPARTMENT OF NATURAL RESOURCES 11 2 a. To provide local watershed managers with geographic 11 3 information system data for their use in developing, 11 4 monitoring, and displaying results of their watershed work: 11 5 .................................................. $ 195,000 11 6 b. For statewide coordination of volunteer efforts under 11 7 the water quality and keepers of the land programs: 11 8 .................................................. $ 100,000 11 9 c. For continuing the establishment and operation of water 11 10 quality monitoring stations: 11 11 .................................................. $ 2,955,000 11 12 d. For deposit in the administration account of the water 11 13 quality protection fund, to carry out the purposes of that 11 14 account: 11 15 .................................................. $ 500,000 11 16 e. For air quality monitoring equipment: 11 17 .................................................. $ 500,000 11 18 f. For the dredging of lakes, including necessary 11 19 preparation for dredging, in accordance with the department's 11 20 classification of Iowa lakes restoration report: 11 21 .................................................. $ 1,000,000 11 22 The department shall consider the following criteria for 11 23 funding lake dredging projects as provided in this lettered 11 24 paragraph, and shall prioritize projects based on the 11 25 following: 11 26 (1) Documented efforts to address watershed protection, 11 27 considering testing, conservation efforts, and amount of time 11 28 devoted to watershed protection. 11 29 (2) Protection of a natural resource and natural habitat. 11 30 (3) Percentage of public access and undeveloped lakefront 11 31 property. 11 32 (4) Continuation of current projects partially funded by 11 33 state resources to achieve department recommendations. 11 34 g. For purposes of funding capital projects for the 11 35 purposes specified in section 452A.79, and for expenditures 12 1 for the local cost share grants to be used for capital 12 2 expenditures to local governmental units for boating 12 3 accessibility: 12 4 .................................................. $ 2,300,000 12 5 h. For regular maintenance of state parks and staff time 12 6 associated with these activities: 12 7 .................................................. $ 2,000,000 12 8 RESOURCES ENHANCEMENT AND PROTECTION FUND 12 9 Sec. 12. Notwithstanding the amount of the standing 12 10 appropriation from the general fund of the state under section 12 11 455A.18, subsection 3, there is appropriated from the 12 12 environment first fund to the Iowa resources enhancement and 12 13 protection fund, in lieu of the appropriation made in section 12 14 455A.18, for the fiscal year beginning July 1, 2004, and 12 15 ending June 30, 2005, the following amount, to be allocated as 12 16 provided in section 455A.19: 12 17 .................................................. $ 11,000,000 12 18 Sec. 13. REVERSION. 12 19 1. Except as provided in subsection 2, and notwithstanding 12 20 section 8.33, moneys appropriated in this division of this Act 12 21 that remain unencumbered or unobligated shall not revert at 12 22 the close of the fiscal year for which they were appropriated 12 23 but shall remain available for the purposes designated until 12 24 the close of the fiscal year beginning July 1, 2005, or until 12 25 the project for which the appropriation was made is completed, 12 26 whichever is earlier. 12 27 2. Notwithstanding section 8.33, moneys appropriated in 12 28 this division of this Act to the department of agriculture and 12 29 land stewardship to provide financial assistance for the 12 30 establishment of permanent soil and water conservation 12 31 practices that remain unencumbered or unobligated at the close 12 32 of the fiscal year shall not revert but shall remain available 12 33 for expenditure for the purposes designated until the close of 12 34 the fiscal year that begins July 1, 2007. 12 35 DIVISION III 13 1 TOBACCO SETTLEMENT TRUST FUND 13 2 Sec. 14. There is appropriated from the tax-exempt bond 13 3 proceeds restricted capital funds account of the tobacco 13 4 settlement trust fund to the following departments and 13 5 agencies for the fiscal year beginning July 1, 2004, and 13 6 ending June 30, 2005, the following amounts, or so much 13 7 thereof as is necessary, to be used for the purposes 13 8 designated: 13 9 1. DEPARTMENT OF ADMINISTRATIVE SERVICES 13 10 a. For the payment of claims relating to the purchase and 13 11 implementation of an integrated information for Iowa system, 13 12 notwithstanding section 12E.12, subsection 1, paragraph "b", 13 13 subparagraph (1): 13 14 .................................................. $ 6,049,284 13 15 b. For capitol interior restoration: 13 16 .................................................. $ 3,000,000 13 17 2. TAX-EXEMPT STATUS – USE OF APPROPRIATIONS. Payment of 13 18 moneys from the appropriations in this section shall be made 13 19 in a manner that does not adversely affect the tax-exempt 13 20 status of any outstanding bonds issued by the tobacco 13 21 settlement authority. 13 22 3. REVERSION. Notwithstanding section 8.33, moneys 13 23 appropriated in this section shall not revert at the close of 13 24 the fiscal year for which they were appropriated but shall 13 25 remain available for the purposes designated until the close 13 26 of the fiscal year that begins July 1, 2006, or until the 13 27 project for which the appropriation was made is completed, 13 28 whichever is earlier. 13 29 Sec. 15. PAYMENTS IN LIEU OF TUITION. There is 13 30 appropriated from the tax-exempt bond proceeds restricted 13 31 capital funds account of the tobacco settlement trust fund of 13 32 the state to the state board of regents for the fiscal year 13 33 beginning July 1, 2004, and ending June 30, 2005, the 13 34 following amount, or so much thereof as is necessary, to be 13 35 used for the purpose designated: 14 1 For allocation by the state board of regents to the state 14 2 university of Iowa, the Iowa state university of science and 14 3 technology, and the university of northern Iowa to reimburse 14 4 the institutions for deficiencies in their operating funds 14 5 resulting from the pledging of tuitions, student fees and 14 6 charges, and institutional income to finance the cost of 14 7 providing academic and administrative buildings and facilities 14 8 and utility services at the institutions, notwithstanding 14 9 section 12E.12, subsection 1, paragraph "b", subparagraph (1): 14 10 .................................................. $ 10,437,174 14 11 Sec. 16. IOWA COMMUNICATIONS NETWORK DEBT SERVICE. There 14 12 is appropriated from the tax-exempt bond proceeds restricted 14 13 capital funds account of the tobacco settlement trust fund to 14 14 the office of the treasurer of state for the fiscal year 14 15 beginning July 1, 2004, and ending June 30, 2005, the 14 16 following amount, or so much thereof as is necessary, to be 14 17 used for the purpose designated: 14 18 For debt service for the Iowa communications network, 14 19 notwithstanding section 12E.12, subsection 1, paragraph "b", 14 20 subparagraph (1): 14 21 .................................................. $ 13,039,778 14 22 Funds appropriated in this section shall be deposited in a 14 23 separate fund established in the office of the treasurer of 14 24 state to be used solely for debt service for the Iowa 14 25 communications network. The Iowa telecommunications and 14 26 technology commission shall certify to the treasurer of state 14 27 when a debt service payment is due, and upon receipt of the 14 28 certification, the treasurer shall make the payment. The 14 29 commission shall pay any additional amount due from funds 14 30 deposited in the Iowa communications network fund. 14 31 Sec. 17. PRISON DEBT SERVICE. There is appropriated from 14 32 the tax-exempt bond proceeds restricted capital funds account 14 33 of the tobacco settlement trust fund to the office of the 14 34 treasurer of state for the fiscal year beginning July 1, 2004, 14 35 and ending June 30, 2005, the following amount, or so much 15 1 thereof as is necessary, to be used for the purpose 15 2 designated: 15 3 For repayment of prison infrastructure bonds under section 15 4 16.177, notwithstanding section 12E.12, subsection 1, 15 5 paragraph "b", subparagraph (1): 15 6 .................................................. $ 5,413,324 15 7 Sec. 18. ENDOWMENT FOR IOWA'S HEALTH ACCOUNT – TRANSFER 15 8 TO REBUILD IOWA INFRASTRUCTURE FUND. Notwithstanding 2001 15 9 Iowa Acts, chapter 174, section 1, subsection 1, as amended by 15 10 2002 Iowa Acts, chapter 1167, section 4, 2002 Iowa Acts, 15 11 chapter 1174, section 8, and 2002 Iowa Acts, chapter 1175, 15 12 section 95, there is transferred from the endowment for Iowa's 15 13 health account of the tobacco settlement trust fund created in 15 14 section 12E.12 to the rebuild Iowa infrastructure fund for the 15 15 fiscal year beginning July 1, 2004, and ending June 30, 2005, 15 16 the following amount: 15 17 .................................................. $ 10,000,000 15 18 Notwithstanding section 8.33, moneys transferred in this 15 19 section shall not revert. 15 20 Sec. 19. 2003 Iowa Acts, chapter 177, section 23, 15 21 subsection 3, is amended to read as follows: 15 22 3. Notwithstanding section 8.33, moneys appropriated in 15 23 this section shall not revert at the close of the fiscal year 15 24 for which they were appropriated, but shall remain available 15 25 for the purpose designated until the close of the fiscal year 15 26 that begins July 1,20082006, or until the project for which 15 27 the appropriation was made is completed, whichever is earlier. 15 28 Sec. 20. 2003 Iowa Acts, chapter 177, section 22, 15 29 subsection 8, is amended to read as follows: 15 30 8. DEPARTMENT OF PUBLIC SAFETY 15 31 For improvements to the capitol complex security system, 15 32 notwithstanding section 12E.12, subsection 1, paragraph "b", 15 33 subparagraph (1): 15 34 .................................................. $ 1,000,000 15 35 The moneys appropriated in this subsection may be used to 16 1 expand the current capitol building card access system to 16 2 additional buildings and controlled-access parking lots on the 16 3 capitol complex. 16 4 Sec. 21. 2002 Iowa Acts, chapter 1173, section 1, 16 5 subsection 7, paragraph a, is amended to read as follows: 16 6 a. For parking improvements and provision of street access 16 7 for the judicial building: 16 8 FY 2002-2003 ..................................... $ 700,000 16 9 FY 2003-2004 ..................................... $ 0 16 10 FY 2004-2005 ..................................... $ 0 16 11 FY 2005-2006 ..................................... $ 0 16 12 Of the amount appropriated in this lettered paragraph for 16 13 FY 2002-2003, up to $330,000 may be used for costs associated 16 14 with operation of the judicial building, notwithstanding 16 15 section 12E.12, subsection 1, paragraph "b", subparagraph (1). 16 16 DIVISION IV 16 17 MISCELLANEOUS FUNDS 16 18 Sec. 22. GENERAL FUND APPROPRIATIONS. There is 16 19 appropriated from the general fund of the state to the state 16 20 department of transportation for the fiscal year beginning 16 21 July 1, 2004, and ending June 30, 2005, the following amounts, 16 22 or so much thereof as is necessary, to be used for the 16 23 purposes designated: 16 24 a. For operation and maintenance of the network of 16 25 automated weather observation and data transfer systems 16 26 associated with the Iowa aviation weather system, the runway 16 27 marking program for public airports, the windsock program for 16 28 public airports, and the aviation improvement program: 16 29 .................................................. $ 64,792 16 30 b. For the rail assistance program and to provide economic 16 31 development project funding: 16 32 .................................................. $ 35,959 16 33 Sec. 23. PRIMARY ROAD FUND APPROPRIATION. There is 16 34 appropriated from the primary road fund to the department of 16 35 administrative services for the fiscal year beginning July 1, 17 1 2004, and ending June 30, 2005, the following amount, or so 17 2 much thereof as is necessary, to be used for distribution to 17 3 the state department of transportation: 17 4 .................................................. $ 440,369 17 5 Moneys appropriated in this section shall be separately 17 6 accounted for in a distribution account and shall be 17 7 distributed to the state department of transportation to pay 17 8 for services provided the state department of transportation 17 9 by the department of administrative services as described in 17 10 chapter 8A. 17 11 Sec. 24. ROAD USE TAX FUND APPROPRIATION. There is 17 12 appropriated from the road use tax fund to the department of 17 13 administrative services for the fiscal year beginning July 1, 17 14 2004, and ending June 30, 2005, the following amount, or so 17 15 much thereof as is necessary, to be used for distribution to 17 16 the state department of transportation: 17 17 .................................................. $ 71,969 17 18 Moneys appropriated in this section shall be separately 17 19 accounted for in a distribution account and shall be 17 20 distributed to the state department of transportation to pay 17 21 for services provided the state department of transportation 17 22 by the department of administrative services as described in 17 23 chapter 8A. 17 24 Sec. 25. 2003 Iowa Acts, chapter 171, section 2, is 17 25 amended by inserting the following new unnumbered paragraph: 17 26 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33, 17 27 moneys appropriated in subsection 1 that remain unencumbered 17 28 or unobligated at the close of the fiscal year shall not 17 29 revert but shall remain available for expenditure until the 17 30 close of the fiscal year that begins July 1, 2004, for the 17 31 purpose of restocking the department's salt storage. 17 32 Sec. 26. DEPARTMENT OF TRANSPORTATION – PERSONNEL 17 33 SERVICES PAYMENT – REPEAL. The portion of 2004 Iowa Acts, 17 34 Senate File 2298, relating to payments by the state department 17 35 of transportation to the department of administrative services 18 1 for personnel services provided, if enacted, is repealed. 18 2 Sec. 27. EFFECTIVE DATE. The section of this division of 18 3 this Act amending 2003 Iowa Acts, chapter 171, section 2, 18 4 being deemed of immediate importance, takes effect upon 18 5 enactment. 18 6 DIVISION V 18 7 CODE CHANGES 18 8 Sec. 28. Section 80.9, subsection 2, paragraph f, Code 18 9 2003, is amended to read as follows: 18 10 f. Provide protection and security for persons and 18 11 property on the grounds of the state capitol complex. 18 12 Notwithstanding chapter 8A or any other provision of law, the 18 13 department shall be solely responsible for the purchase, 18 14 installation, and maintenance of, including making any 18 15 improvements or additions to, executive branch capitol complex 18 16 security systems or equipment, including the changing of locks 18 17 and issuance of keys, access cards, and identification badges. 18 18 The department of administrative services shall cooperate with 18 19 the department of public safety in executing the department's 18 20 duties under this paragraph. 18 21 DIVISION VI 18 22 CORRECTIVE PROVISIONS 18 23 Sec. 29. Section 9E.6A, unnumbered paragraph 1, Code 2003, 18 24 as amended by 2004 Iowa Acts, House File 2516, section 1, if 18 25 enacted, is amended to read as follows: 18 26 Each person performing a notarial act pursuant to section 18 27 9E.10 must acquire and use a stamp or seal as provided in this 18 28 chapter. However, this section shall not apply to a notarial 18 29 act performed by a judicial officer as defined in section 18 30 602.1101, if the notarial act is performed in accordance with 18 31 state or federal statutory authority,or isand shall not 18 32 apply to a certification by a chief officer or a chief 18 33 officer's designee of a peace officer's verification of a 18 34 uniform citation and complaint pursuant to section 805.6, 18 35 subsection 5. 19 1 Sec. 30. Section 9H.1, subsection 17, Code Supplement 19 2 2003, is amended to read as follows: 19 3 17. "Limited partnership" means a limited partnership as 19 4 defined in section 487.101, subsection 7, andor 488.102, or a 19 5 limited liability limited partnership under section 487.1301 19 6 or chapter 488, which owns or leases agricultural land or is 19 7 engaged in farming. 19 8 Sec. 31. Section 9H.1, subsection 17, Code Supplement 19 9 2003, as amended by this division of this Act to take effect 19 10 January 1, 2005, is amended to read as follows: 19 11 17. "Limited partnership" means a limited partnership as 19 12 defined in section487.101 or488.102, or a limited liability 19 13 limited partnership undersection 487.1301 orchapter 488, 19 14 which owns or leases agricultural land or is engaged in 19 15 farming. 19 16 Sec. 32. Section 10B.1, subsection 8, Code Supplement 19 17 2003, is amended to read as follows: 19 18 8. "Limited partnership" means a foreign or domestic 19 19 limited partnership, including a limited partnership as 19 20 defined in section 487.101, subsection 7or 488.102, and a 19 21 domestic or foreign limited liability limited partnership 19 22 under section 487.1301 or 487.1303, or chapter 488. 19 23 Sec. 33. Section 10B.1, subsection 8, Code Supplement 19 24 2003, as amended by this division of this Act to take effect 19 25 January 1, 2005, is amended to read as follows: 19 26 8. "Limited partnership" means a foreign or domestic 19 27 limited partnership, including a limited partnership as 19 28 defined in section487.101 or488.102, and a domestic or 19 29 foreign limited liability limited partnership undersection19 30487.1301 or 487.1303, orchapter 488. 19 31 Sec. 34. Section 68A.402, subsection 7, paragraph b, as 19 32 amended by 2004 Iowa Acts, House File 2319, section 1, if 19 33 enacted, is amended to read as follows: 19 34 b. COUNTY ELECTIONS. A political committee expressly 19 35 advocating the nomination, election, or defeat of candidates 20 1 for county office shall file reports on the same dates as a 20 2 candidate's committee is required to file reports under 20 3 subsection 2, paragraph "a" and subsection 5, paragraph "b". 20 4 Sec. 35. Section 174.1, subsection 0B, paragraph a, as 20 5 enacted by House File 2403, section 8, is amended to read as 20 6 follows: 20 7 a. The organization owns or leases at least ten acres of 20 8 fairgrounds.A societyAn organization may meet the 20 9 requirement of owning or leasing land, buildings, and 20 10 improvements through ownership by a joint entity under chapter 20 11 28E. 20 12 Sec. 36. Section 174.12, subsection 2, unnumbered 20 13 paragraph 1, Code 2003, as amended by 2004 Iowa Acts, House 20 14 File 2403, section 16, is amended to read as follows: 20 15 A district director of the association representing the 20 16 district in which the county is located, and the director of 20 17 the Iowa state fair board representing the state fair board 20 18 district in which the county is located, certify to the 20 19 association that the fair had an accredited delegate in 20 20 attendance at at least one of the district meetings, and at 20 21 the association's annual meeting. 20 22 Sec. 37. Section 229.27, subsection 1, Code 2003, is 20 23 amended to read as follows: 20 24 1. Hospitalization of a person under this chapter, either 20 25 voluntarily or involuntarily, does not constitute a finding of 20 26 nor equate with nor raise a presumption of incompetency, nor 20 27 cause the person so hospitalized to be deemed a person of 20 28 unsound mind nor a person under legal disability for any 20 29 purpose, including but not limited to any circumstances to 20 30 which sections 6B.15, 447.7, 487.402, subsection 5, paragraph 20 31 "b", section 488.603, subsection 6, paragraph "c", sections 20 32 487.705, 488.704, 597.6, 600B.21, 614.8, 614.19, 614.22, 20 33 614.24, 614.27, and 633.244 are applicable. 20 34 Sec. 38. Section 229.27, subsection 1, Code 2003, as 20 35 amended by this division of this Act to take effect January 1, 21 1 2005, is amended to read as follows: 21 2 1. Hospitalization of a person under this chapter, either 21 3 voluntarily or involuntarily, does not constitute a finding of 21 4 nor equate with nor raise a presumption of incompetency, nor 21 5 cause the person so hospitalized to be deemed a person of 21 6 unsound mind nor a person under legal disability for any 21 7 purpose, including but not limited to any circumstances to 21 8 which sections 6B.15, 447.7,487.402, subsection 5, paragraph21 9"b",section 488.603, subsection 6, paragraph "c", sections 21 10 487.705, 488.704, 597.6, 600B.21, 614.8, 614.19, 614.22, 21 11 614.24, 614.27, and 633.244 are applicable. 21 12 Sec. 39. Section 260C.18A, subsection 2, unnumbered 21 13 paragraph 1, Code Supplement 2003, is amended to read as 21 14 follows: 21 15 On July 1 of each year for the fiscal year beginning July 21 16 1, 2003, and for every fiscal year thereafter, moneys from the 21 17 grow Iowa values fund created in section 15G.108 are 21 18 appropriated to the department of economic development for 21 19 deposit in the workforce training and economic development 21 20 funds in amounts determined pursuant to subsection34. 21 21 Moneys deposited in the funds and disbursed to community 21 22 colleges for a fiscal year shall be expended for the following 21 23 purposes, provided seventy percent of the moneys shall be used 21 24 on projects in the areas of advanced manufacturing, 21 25 information technology and insurance, and life sciences which 21 26 include the areas of biotechnology, health care technology, 21 27 and nursing care technology: 21 28 Sec. 40. Section 321I.2, unnumbered paragraph 2, if 21 29 enacted by 2004 Iowa Acts, Senate File 297, section 45, is 21 30 amended to read as follows: 21 31 The director of transportation may adopt rules not 21 32 inconsistent with this chapter regulating the use of all- 21 33 terrain vehicles on streets and highways.Cities may21 34designate streets under the jurisdiction of cities within21 35their respective corporate limits which may be used for the22 1sport of driving all-terrain vehicles.22 2 Sec. 41. Section 321I.10, if enacted by 2004 Iowa Acts, 22 3 Senate File 297, section 53, is amended by adding the 22 4 following new subsection: 22 5 NEW SUBSECTION. 2A. Cities may designate streets under 22 6 the jurisdiction of cities within their respective corporate 22 7 limits which may be used for the sport of driving all-terrain 22 8 vehicles. 22 9 Sec. 42. Section 331.606B, subsection 4, paragraph a, if 22 10 enacted by 2004 Iowa Acts, Senate File 371, section 3, is 22 11 amended to read as follows: 22 12 a. A document or instrument that was signed before July 1, 22 1320042005. 22 14 Sec. 43. Section 488.102, subsection 10, paragraph a, 22 15 subparagraph (2), as enacted by 2004 Iowa Acts, House File 22 16 2347, section 2, is amended to read as follows: 22 17 (2) A person that was a general partner in a limited 22 18 partnership when the limited partnership became subject to 22 19 this chapter under section488.1206488.1204, subsection 1 or 22 20 2. 22 21 Sec. 44. Section 488.102, subsection 12, paragraph a, 22 22 subparagraph (2), as enacted by 2004 Iowa Acts, House File 22 23 2347, section 2, is amended to read as follows: 22 24 (2) A person that was a limited partner in a limited 22 25 partnership when the limited partnership became subject to 22 26 this chapter under section488.1206488.1204, subsection 1 or 22 27 2. 22 28 Sec. 45. Section 488.102, subsection 13, as enacted by 22 29 2004 Iowa Acts, House File 2347, section 2, is amended to read 22 30 as follows: 22 31 13. "Limited partnership", except in the phrases "foreign 22 32 limited partnership" and "foreign limited liability limited 22 33 partnership", means an entity, having one or more general 22 34 partners and one or more limited partners, which is formed 22 35 under this chapter by two or more persons or becomes subject 23 1 to this chapter under article 11 or section488.1206488.1204, 23 2 subsection 1 or 2. The term includes a limited liability 23 3 limited partnership. 23 4 Sec. 46. Section 488.202, subsection 3, unnumbered 23 5 paragraph 1, as enacted by 2004 Iowa Acts, House File 2347, 23 6 section 20, is amended to read as follows: 23 7 A general partner that knows that any information in a 23 8 filed certificate of limited partnership was false when the 23 9 certificate was filed or has become false due to changed 23 10 circumstances shall promptly do at least one of the following: 23 11 Sec. 47. Section 488.209, subsection 1, paragraph c, as 23 12 enacted by 2004 Iowa Acts, House File 2347, section 27, is 23 13 amended to read as follows: 23 14 c. Whether all fees, taxes, and penalties under this 23 15 chapter or other law duetothe secretary of state have been 23 16 paid. 23 17 Sec. 48. Section 488.209, subsection 2, paragraph c, as 23 18 enacted by 2004 Iowa Acts, House File 2347, section 27, is 23 19 amended to read as follows: 23 20 c. Whether all fees, taxes, and penalties under this 23 21 chapter or other law duetothe secretary of state have been 23 22 paid. 23 23 Sec. 49. Section 488.508, subsection 6, as enacted by 2004 23 24 Iowa Acts, House File 2347, section 50, is amended to read as 23 25 follows: 23 26 6. A limited partnership's indebtedness, including 23 27 indebtedness issued in connection with or as part of a 23 28 distribution, is not considered a liability for purposes of 23 29 subsection 2 if the terms of the indebtedness provide that 23 30 payment of principal and interestareis made only to the 23 31 extent that a distribution could then be made to partners 23 32 under this section. 23 33 Sec. 50. Section 488.703, subsection 1, as enacted by 2004 23 34 Iowa Acts, House File 2347, section 61, is amended to read as 23 35 follows: 24 1 1. On application to a court of competent jurisdiction by 24 2 any judgment creditor of a partner or transferee, the court 24 3 may charge the transferable interest of the judgment debtor 24 4 with payment of the unsatisfied amount of the judgment with 24 5 interest. To the extent so charged, the judgment creditor has 24 6 only the rights of a transferee. The court may appoint a 24 7 receiver of the share of the distributions due or to become 24 8 duetothe judgment debtor in respect of the partnership and 24 9 make all other orders, directions, accounts, and inquiries the 24 10 judgment debtor might have made or which the circumstances of 24 11 the case may require to give effect to the charging order. 24 12 Sec. 51. Section 488.809, subsection 1, paragraph a, as 24 13 enacted by 2004 Iowa Acts, House File 2347, section 72, is 24 14 amended to read as follows: 24 15 a. Pay any fee, tax, or penalty under this chapter or 24 16 other law duetothe secretary of state. 24 17 Sec. 52. Section 488.906, subsection 1, paragraph a, as 24 18 enacted by 2004 Iowa Acts, House File 2347, section 81, is 24 19 amended to read as follows: 24 20 a. Pay, within sixty days after the due date, any fee, tax 24 21 or penalty under this chapter or other law duetothe 24 22 secretary of state. 24 23 Sec. 53. Section 488.1106, subsection 1, paragraph a, as 24 24 enacted by 2004 Iowa Acts, House File 2347, section 94, is 24 25 amended to read as follows: 24 26 a. The governing statute of each of the other 24 27 organizations authorizes the merger. 24 28 Sec. 54. Section 504.304, subsection 1, if enacted by 2004 24 29 Iowa Acts, Senate File 2274, section 27, is amended to read as 24 30 follows: 24 31 1. Except as provided in subsection 2, the validity of 24 32 corporate actionmayshall not be challenged on the ground 24 33 that the corporation lacks or lacked power to act. 24 34 Sec. 55. Section 504.854, subsection 3, paragraph b, if 24 35 enacted by 2004 Iowa Acts, Senate File 2274, section 104, is 25 1 amended to read as follows: 25 2 b. By the members, but the director who, at the time does 25 3 not qualify as a disinterested director,mayshall not vote as 25 4 a member or on behalf of a member. 25 5 Sec. 56. Section 504.1422, subsection 3, if enacted by 25 6 2004 Iowa Acts, Senate File 2274, section 145, is amended to 25 7 read as follows: 25 8 3. A corporation that is administratively dissolved 25 9 continues its corporate existence butmayshall not carry on 25 10 any activities except those necessary to wind up and liquidate 25 11 its affairs pursuant to section 504.1406 and notify its 25 12 claimants pursuant to sections 504.1407 and 504.1408. 25 13 Sec. 57. Section 669.14, subsection 11, unnumbered 25 14 paragraph 1, Code Supplement 2003, as amended by 2004 Iowa 25 15 Acts, House File 2347, section 116, is amended to read as 25 16 follows: 25 17 Any claim for financial loss based upon an act or omission 25 18 in financial regulation, including but not limited to 25 19 examinations, inspections, audits, or other financial 25 20 oversight responsibilities, pursuant to chapters 87, 203, 25 21 203C, 203D, 421B, 486,or the figure "487"487, 488, and 490 25 22 through 553, excluding chapters 540A, 542, 542B, 543B, 543C, 25 23 543D, 544A, and 544B. 25 24 Sec. 58. Section 714.26, subsection 1, paragraph c, if 25 25 enacted by 2004 Iowa Acts, House File 2395, is amended to read 25 26 as follows: 25 27 c. "Retail value" means the highest value of an item 25 28 determined by any reasonable standard at the time the item 25 29 bearing or identified by a counterfeit mark is seized. If a 25 30 seized item bearing or identified by a counterfeit mark is a 25 31 component of a finished product, "retail value" also means the 25 32 highest value, determined by any reasonable standard, of the 25 33 finished product on which the component would have been 25 34 utilized. The retail value shall be the retail value of the 25 35 aggregate quantity of all items seized which bear or are 26 1 identified by a counterfeit mark. For purposes of this 26 2 paragraph, reasonable standard includes but is not limitedthe26 3 to the market value within the community, actual value, 26 4 replacement value, or the counterfeiter's regular selling 26 5 price for the item bearing or identified by a counterfeit 26 6 mark, or the intellectual property owner's regular selling 26 7 price for an item similar to the item bearing or identified by 26 8 a counterfeit mark. 26 9 Sec. 59. Section 717E.1, subsection 3, paragraph a, if 26 10 enacted by 2004 Iowa Acts, House File 2480, section 1, is 26 11 amended to read as follows: 26 12 a. The annual fair and exposition held by the Iowa state 26 13 fair board pursuant to chapter 173 or any fairheldevent 26 14 conducted by acounty or districtfairor agricultural society26 15 under the provisions of chapter 174. 26 16 Sec. 60. Section 812.6, subsection 2, unnumbered paragraph 26 17 1, if enacted by 2004 Iowa Acts, Senate File 2272, section 8, 26 18 is amended to read as follows: 26 19 If the court finds by clear and convincing evidence that 26 20 the defendant poses a danger to the public peace or safety, or 26 21 that the defendant is otherwise not qualified for pretrial 26 22 release, or the defendant refuses to cooperate with treatment, 26 23 the court shall commit the defendant to an appropriate 26 24 inpatient treatment facility as provided inparagraphs26 25 paragraph "a"andor "b". The defendant shall receive mental 26 26 health treatment designed to restore the defendant to 26 27 competency. 26 28 Sec. 61. Sections 7D.15, 10D.1, 15.114, 15.221, 15E.64, 26 29 18A.11, 84A.1C, 225C.13, 303.3, 331.441, 357A.2, 357A.11, 26 30 357A.20, 357A.21, 357A.22A, 357A.23, 357A.24, 425.11, 476.1, 26 31 476.27, 480.3, 499.5, 499.5A, 500.3, 504C.1, 514.19, 514.23, 26 32 and 515.1, Code 2003, are amended by inserting before the 26 33 figure "504A" the following: "504 or", if 2004 Iowa Acts, 26 34 Senate File 2274 is enacted. 26 35 Sec. 62. Sections 9H.1, 9H.4, 10B.1, 190C.6, 304A.21, 27 1 331.427, 357A.15, 422.45, 490.1701, 504B.1, 504B.6, 513C.10, 27 2 514.1, 514.2, 514.5, 616.10, 633.63, and 716.6B, Code 27 3 Supplement 2003, are amended by inserting before the figure 27 4 "504A" the following: "504 or", if 2004 Iowa Acts, Senate 27 5 File 2274 is enacted. 27 6 Sec. 63. 2004 Iowa Acts, House File 401, section 1, is 27 7 amended by striking the section and inserting in lieu thereof 27 8 the following: 27 9 SECTION 1. Section 404A.4, subsection 4, Code Supplement 27 10 2003, is amended to read as follows: 27 11 4. The total amount of tax credits that may be approved 27 12 for a fiscal year under this chapter shall not exceed two 27 13 million four hundred thousand dollars. For the fiscal years 27 14 beginning July 1, 2005, and July 1, 2006, an additional five 27 15 hundred thousand dollars of tax credits may be approved each 27 16 fiscal year for purposes of projects located in cultural and 27 17 entertainment districts certified pursuant to section 303.3B. 27 18 Any of the additional tax credits allocated for projects 27 19 located in certified cultural and entertainment districts that 27 20 are not approved during a fiscal year may be carried over to 27 21 the succeeding fiscal year.Tax credit certificates shall be27 22issued on the basis of the earliest awardingThe department of 27 23 cultural affairs shall establish by rule the procedures for 27 24 the application, review, selection, and awarding of 27 25 certifications of completionas provided in subsection 1. The 27 26 departments of economic development, cultural affairs, and 27 27 revenue shall each adopt rules to jointly administer this 27 28 subsection and shall provide by rule for the method to be used 27 29 to determine for which fiscal year the tax credits are 27 30approvedavailable. 27 31 Sec. 64. 2004 Iowa Acts, Senate File 2070, section 35, 27 32 subsection 1, is amended to read as follows: 27 33 1. Except as provided in subsections 2 through46, this 27 34 Act takes effect January 1, 2005. 27 35 Sec. 65. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 28 1 1. The sections of this division of this Act amending 28 2 sections 9H.1 and 10B.1, Code Supplement 2003, and 229.27, 28 3 Code 2003, take effect January 1, 2005. The sections of this 28 4 division of this Act further amending sections 9H.1 and 10B.1, 28 5 Code Supplement 2003, and 229.27, Code 2003, as amended by 28 6 this division of this Act to take effect January 1, 2005, take 28 7 effect January 1, 2006. 28 8 2. The section of this division of this Act amending 28 9 section 260C.18A, being deemed of immediate importance, takes 28 10 effect upon enactment and applies retroactively to July 1, 28 11 2003. 28 12 3. The section of this division of this Act amending 2004 28 13 Iowa Acts, Senate File 2070, being deemed of immediate 28 14 importance, takes effect upon enactment and applies 28 15 retroactively to the date of enactment of Senate File 2070. 28 16 EXPLANATION 28 17 This bill makes appropriations for FY 2004-2005 and 28 18 modifies prior appropriations from the rebuild Iowa 28 19 infrastructure fund, environment first fund, the tax-exempt 28 20 bond proceeds restricted capital funds account of the tobacco 28 21 settlement trust fund, the state general fund, primary road 28 22 fund, and road use tax fund for various capital and other 28 23 projects. The bill also makes related Code changes and 28 24 miscellaneous and corrective changes to legislation passed 28 25 during the 2004 regular session. 28 26 REBUILD IOWA INFRASTRUCTURE FUND. Appropriations from the 28 27 rebuild Iowa infrastructure fund include projects for the 28 28 departments of administrative services, the blind, 28 29 corrections, economic development, education, public defense, 28 30 public safety, and transportation, and for the Iowa state fair 28 31 authority and the treasurer of state, and to the state board 28 32 of regents for tuition replacement. 28 33 ENVIRONMENT FIRST FUND. The bill appropriates funds from 28 34 the environment first fund to the departments of agriculture 28 35 and land stewardship, economic development, and natural 29 1 resources. The bill appropriates $11 million from the 29 2 environment first fund to the resources enhancement and 29 3 protection fund in lieu of the $20 million appropriated by 29 4 statute from the general fund of the state. 29 5 TOBACCO SETTLEMENT TRUST FUND. The bill makes 29 6 appropriations and modifies prior appropriations from the tax- 29 7 exempt bond proceeds restricted capital funds account of the 29 8 tobacco settlement trust fund for projects for the department 29 9 of administrative services and other agencies. 29 10 The bill appropriates funds from the tax-exempt bond 29 11 proceeds restricted capital funds account of the tobacco 29 12 settlement trust fund to the state board of regents for 29 13 tuition replacement and to the office of the treasurer of 29 14 state for debt service for the Iowa communications network, 29 15 and repayment of prison infrastructure bonds. 29 16 The bill also transfers moneys from the endowment for 29 17 Iowa's health account of the tobacco settlement trust fund to 29 18 the rebuild Iowa infrastructure fund. 29 19 MISCELLANEOUS FUNDS. The bill makes appropriations from 29 20 the general fund to the state department of transportation for 29 21 aviation improvement programs and for the rail assistance 29 22 program and to provide economic development project funding. 29 23 The bill makes appropriations from the primary road fund and 29 24 the road use tax fund to the state department of 29 25 transportation to pay for services provided by the department 29 26 of administrative services. 29 27 CODE CHANGES. The bill amends Code section 80.9 to provide 29 28 that the department of public safety is solely responsible for 29 29 certain executive branch capitol complex security system and 29 30 equipment activities. The bill directs the department of 29 31 administrative services to cooperate with the department of 29 32 public safety in its execution of such activities. 29 33 CORRECTIVE PROVISIONS. Code section 9E.6A, as amended by 29 34 2004 Iowa Acts, House File 2516, relating to notarial acts, is 29 35 amended to specify that the requirement to use a stamp or seal 30 1 does not apply to a law enforcement officer's certification of 30 2 a uniform citation and complaint and that such an act is not 30 3 an act of a judicial officer. 30 4 Code sections 9H.1, 10B.1, and 229.27 are amended to 30 5 include conforming amendments to the uniform limited 30 6 partnership Act enacted by House File 2347 in the 2004 Regular 30 7 Session. The amendments are necessary to refer to sections of 30 8 Code chapter 487 for 2005 and to refer to sections of new Code 30 9 chapter 488 for 2006 and beyond, and special effective dates 30 10 are included to accomplish this necessary result. 30 11 Code section 68A.402 is amended to make grammatical 30 12 corrections in House File 2319, which relates to the filing of 30 13 campaign finance reports. 30 14 Code section 174.1, as amended in 2004 Iowa Acts, House 30 15 File 2403, relating to fairs, is amended to correct the 30 16 definition of a fair in order to recognize that an 30 17 organization rather than a society is incorporated to operate 30 18 a fair. 30 19 Code section 174.12, relating to the certification process 30 20 for local fairs, is amended to correct a grammatical 30 21 construction. 30 22 Code section 260C.18A, relating to grow Iowa values fund 30 23 appropriations to community college workforce training and 30 24 economic development funds, is amended to correct an internal 30 25 reference to a subsection. The amendment is made effective 30 26 upon enactment and retroactively applicable to July 1, 2003, 30 27 the effective date of the original enactment of Code section 30 28 260C.18A. 30 29 Code sections 321I.2 and 321I.10, if enacted by 2004 Iowa 30 30 Acts, Senate File 297, relating to the regulation of all- 30 31 terrain vehicles, are amended by codifying a provision that 30 32 allows cities to designate streets under their jurisdiction 30 33 for the sport of driving all-terrain vehicles in the more 30 34 appropriate Code section that regulates the operation of all- 30 35 terrain vehicles on roadways and highways. 31 1 Code section 331.606B, if enacted by 2004 Iowa Acts, Senate 31 2 File 371, is amended to change the date that documents or 31 3 instruments recorded with the county recorder are exempt from 31 4 the new formatting requirements. The date is changed from 31 5 July 1, 2004, to July 1, 2005, to conform with other 31 6 provisions of the bill. 31 7 Code section 488.102 is amended to correct three internal 31 8 references to another section of new Code chapter 488, which 31 9 contains the uniform limited partnership Act enacted in House 31 10 File 2347. Code sections 488.202, 488.209, 488.508, 488.703, 31 11 488.809, 488.906, 488.1106, and 669.14, all contained in House 31 12 File 2347, are amended to make grammatical corrections, most 31 13 of which relate to the use of prepositions, articles, and 31 14 verbs. 31 15 Code sections 504.304, 504.854, and 504.1422, if enacted in 31 16 2004 Iowa Acts, Senate File 2274, relating to the revised Iowa 31 17 nonprofit corporation Act provide that certain actions "shall" 31 18 not be taken instead of "may" not be taken, in order to be 31 19 consistent with existing Code style. 31 20 Code section 714.26, subsection 1, paragraph "c", if 31 21 enacted by 2004 Iowa Acts, House File 2395, defining retail 31 22 value for purposes of the crime of intellectual property 31 23 counterfeiting, is amended to correct a grammatical 31 24 construction. 31 25 Code section 717E.1, if enacted by 2004 Iowa Acts, House 31 26 File 2480, relating to the prohibition of awarding pets as 31 27 prizes, is amended to use the term "fair event" as newly 31 28 defined for purposes of Code chapter 174 by 2004 Iowa Acts, 31 29 House File 2403. 31 30 Code section 812.6, subsection 2, if enacted by 2004 Iowa 31 31 Acts, Senate File 2272, which relates to mentally incompetent 31 32 criminal defendants, is amended to use the disjunctive "or" to 31 33 correctly indicate that treatment may be ordered in the 31 34 alternative, depending upon the danger the defendant poses. 31 35 Numerous sections of the 2003 Code and 2003 Code Supplement 32 1 are amended to refer to new Code chapter 504, the revised Iowa 32 2 nonprofit corporation Act in addition to referring to the 32 3 existing nonprofit corporation Act contained in Code chapter 32 4 504A, which will be repealed on July 1, 2005. 32 5 2004 Iowa Acts, House File 401, relating to property 32 6 rehabilitation tax credits and certificates, is amended to 32 7 display the correct Code Supplement 2003 version of the Code 32 8 section being amended, since the House File was drafted prior 32 9 to publication of the Code Supplement 2003. The amendment 32 10 does not make substantive changes to House File 401 as 32 11 enacted. 32 12 2004 Iowa Acts, Senate File 2070, relating to motor vehicle 32 13 security interests and certain electric personal assistive 32 14 mobility devices, is amended to correct an internal reference 32 15 to make certain that these provisions take effect upon 32 16 enactment. The amendment is made effective upon enactment and 32 17 retroactively applicable to the date of enactment of Senate 32 18 File 2070. 32 19 LSB 5180XC 80 32 20 nh/sh/8
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