Senate Amendment 5265
PAG LIN
1 1 Amend House File 2782, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 1, by striking lines 28 through 31.
1 4 #2. Page 2, by striking lines 2 through 5.
1 5 #3. Page 2, line 13, by inserting before the word
1 6 <For> the following: <a.>
1 7 #4. Page 2, by inserting after line 17 the
1 8 following:
1 9 <b. For historical site preservation grants to be
1 10 used for the restoration, preservation, and
1 11 development of historic sites:
1 12 .................................................. $ 800,000
1 13 In making grants pursuant to this lettered
1 14 paragraph, the department shall consider the existence
1 15 and amount of other funds available to an applicant
1 16 for the designated project. A grant awarded from
1 17 moneys appropriated in this lettered paragraph shall
1 18 not exceed $100,000 per project. Not more than two
1 19 grants may be awarded in the same county.
1 20 c. For providing a grant to the Grout museum
1 21 district for establishing a veterans database and
1 22 interpretive exhibits at the Sullivan brothers
1 23 veterans museum in order to honor Iowa veterans and
1 24 their many contributions, notwithstanding section
1 25 8.57, subsection 6, paragraph "c":
1 26 .................................................. $ 1,000,000
1 27 d. For the American gothic visitors education
1 28 center in Eldon, Iowa, for infrastructure purposes:
1 29 .................................................. $ 250,000>
1 30 #5. Page 2, by striking lines 19 and 20 and
1 31 inserting the following:
1 32 <For costs associated with the construction,
1 33 renovation, major repair, and site development of Iowa
1 34 port authorities pursuant to chapter 28J:>
1 35 #6. Page 3, by inserting after line 1 the
1 36 following:
1 37 <Of the amount appropriated in this subsection,
1 38 $200,000 shall be allocated to the state library and
1 39 $50,000 shall be allocated equally to each library
1 40 service area.
1 41 . DEPARTMENT OF HUMAN SERVICES
1 42 To provide a matching grant for the planning,
1 43 design, renovation, and construction of a residential
1 44 treatment facility for youth with emotional and
1 45 behavioral disorders in a city with a population of
1 46 between 10,000 and 15,000 residents located in a
1 47 central Iowa county with a population of approximately
1 48 38,000 residents:
1 49 .................................................. $ 300,000
1 50 It is the intent of the general assembly that the
2 1 matching grant awarded from the funds appropriated
2 2 under this subsection shall be awarded only to the
2 3 extent that the state moneys are matched from sources
2 4 other than the state on a dollar=for=dollar basis.>
2 5 #7. Page 3, line 7, by inserting before the word
2 6 <To> the following: <a.>
2 7 #8. Page 3, by inserting after line 10 the
2 8 following:
2 9 <b. For repair and maintenance of the four season
2 10 bathhouse shelter at Lake Darling:
2 11 .................................................. $ 250,000>
2 12 #9. Page 3, line 12, by inserting before the word
2 13 <For> the following: <a.>
2 14 #10. Page 3, by inserting after line 14 the
2 15 following:
2 16 <b. For allocation to the homeland security and
2 17 emergency management division for the STARCOMM
2 18 project:
2 19 .................................................. $ 1,000,000
2 20 . DEPARTMENT OF PUBLIC HEALTH
2 21 For construction costs associated with the
2 22 planning, design, and construction of a regional
2 23 collaborative building to house environmental public
2 24 health and emergency and facility management:
2 25 .................................................. $ 100,000>
2 26 #11. Page 3, by inserting before line 15 the
2 27 following:
2 28 < . DEPARTMENT OF PUBLIC SAFETY
2 29 a. For the planning, design, and construction of a
2 30 law enforcement driving safety training facility in
2 31 the same location as the automobile racetrack facility
2 32 as defined in section 423.4, subsection 5:
2 33 .................................................. $ 800,000
2 34 b. For allocation to the division of fire
2 35 protection for the planning, design, and construction
2 36 of regional emergency response training centers in the
2 37 state:
2 38 .................................................. $ 2,300,000
2 39 Of the amount appropriated in this lettered
2 40 paragraph, $400,000 shall be allocated to Western Iowa
2 41 technical community college.
2 42 Of the amount appropriated in this lettered
2 43 paragraph, $500,000 shall be allocated to Iowa western
2 44 community college.
2 45 Of the amount appropriated in this lettered
2 46 paragraph, $150,000 shall be allocated to northeast
2 47 Iowa community college.
2 48 Of the amount appropriated in this lettered
2 49 paragraph, $150,000 shall be allocated to hawkeye
2 50 community college.
3 1 Of the amount appropriated in this lettered
3 2 paragraph, $400,000 shall be allocated to eastern Iowa
3 3 community college.
3 4 Of the amount appropriated in this lettered
3 5 paragraph, $400,000 shall be allocated to Iowa lakes
3 6 community college.
3 7 Of the amount appropriated in this lettered
3 8 paragraph, an additional $300,000 shall be available
3 9 to a lead public agency of any of the regional
3 10 emergency response training centers upon application
3 11 to the fire service training bureau. The state fire
3 12 marshal shall adopt rules that establish an
3 13 application procedure for a lead public agency of any
3 14 of the regional emergency response training centers
3 15 identified in section 100B.16. The highest priority
3 16 use for the moneys appropriated under this paragraph
3 17 shall be for regional emergency response training
3 18 centers comprised of two merged areas. Such moneys
3 19 shall be used for the same purposes for which the
3 20 previously identified allocations may be spent and
3 21 shall not be used for facilities related to providing
3 22 advanced training as specified in section 100B.16.>
3 23 #12. Page 3, line 30, by inserting after the
3 24 figure <2005,> the following: <including projects
3 25 submitted for review to the technology and
3 26 commercialization resources organization created in
3 27 this Act, if enacted,>.
3 28 #13. Page 4, line 3, by inserting after the figure
3 29 <2005> the following: <, including projects submitted
3 30 for review to the technology and commercialization
3 31 resources organization created in this Act, if
3 32 enacted>.
3 33 #14. Page 4, line 7, by striking the figure
3 34 <10,000,000> and inserting the following:
3 35 <8,350,000>.
3 36 #15. Page 4, by striking line 21 and inserting the
3 37 following:
3 38 <g. For endowments and salaries, notwithstanding
3 39 section 8.57, subsection 6, paragraph "c":>
3 40 #16. Page 5, by striking lines 14 through 16 and
3 41 inserting the following:
3 42 <a. For deposit into the railroad revolving loan
3 43 and grant fund created in section 327H.20A:>
3 44 #17. Page 5, by striking lines 25 through 27.
3 45 #18. Page 5, line 29, by inserting before the word
3 46 <For> the following: <a.>
3 47 #19. Page 5, by inserting after line 32 the
3 48 following:
3 49 <b. For county fair infrastructure improvements
3 50 for distribution in accordance with chapter 174 to
4 1 qualified fairs which belong to the association of
4 2 Iowa fairs:
4 3 .................................................. $ 1,060,000>
4 4 #20. Page 5, line 34, by striking the words
4 5 <department of public defense> and inserting the
4 6 following: <following departments>.
4 7 #21. Page 6, line 1, by striking the word <amount>
4 8 and inserting the following: <amounts>.
4 9 #22. Page 6, by striking lines 3 through 21 and
4 10 inserting the following:
4 11 <1. DEPARTMENT OF ADMINISTRATIVE SERVICES
4 12 For construction of a new school and infirmary
4 13 building at the Iowa juvenile home at Toledo and for
4 14 the renovation of existing school buildings and the
4 15 demolition of other buildings:
4 16 .................................................. $ 3,100,000
4 17 2. DEPARTMENT OF CULTURAL AFFAIRS
4 18 For deposit into the Iowa great places program fund
4 19 created in section 303.3D as enacted in this Act:
4 20 .................................................. $ 3,000,000
4 21 3. DEPARTMENT OF PUBLIC DEFENSE
4 22 For allocation to the homeland security and
4 23 emergency management division for the STARCOMM
4 24 project:
4 25 .................................................. $ 2,000,000
4 26 4. DEPARTMENT OF TRANSPORTATION. For deposit into
4 27 the public transit infrastructure grant fund created
4 28 in section 324A.6A, if enacted in this Act:
4 29 .................................................. $ 2,200,000
4 30 Sec. . There is appropriated from the rebuild
4 31 Iowa infrastructure fund to the department of public
4 32 defense for the fiscal year beginning July 1, 2008,
4 33 and ending June 30, 2009, the following amount, or so
4 34 much thereof as is necessary, to be used for the
4 35 purposes designated:
4 36 For allocation to the homeland security and
4 37 emergency management division for the STARCOMM
4 38 project:
4 39 .................................................. $ 1,600,000>
4 40 #23. Page 6, by striking lines 22 through 29 and
4 41 inserting the following:
4 42 <Sec. . REVERSION.
4 43 1. Notwithstanding section 8.33, moneys
4 44 appropriated for the fiscal year beginning July 1,
4 45 2006, in this division of this Act that remain
4 46 unencumbered or unobligated at the close of the fiscal
4 47 year shall not revert but shall remain available for
4 48 the purposes designated until the close of the fiscal
4 49 year that begins July 1, 2009, or until the project
4 50 for which the appropriation was made is completed,
5 1 whichever is earlier.
5 2 2. Notwithstanding section 8.33, moneys
5 3 appropriated for the fiscal year beginning July 1,
5 4 2007, in this division of this Act that remain
5 5 unencumbered or unobligated at the close of the fiscal
5 6 year shall not revert but shall remain available for
5 7 the purposes designated until the close of the fiscal
5 8 year that begins July 1, 2010, or until the project
5 9 for which the appropriation was made is completed,
5 10 whichever is earlier.
5 11 3. Notwithstanding section 8.33, moneys
5 12 appropriated for the fiscal year beginning July 1,
5 13 2008, in this division of this Act that remain
5 14 unencumbered or unobligated at the close of the fiscal
5 15 year shall not revert but shall remain available for
5 16 the purposes designated until the close of the fiscal
5 17 year that begins July 1, 2011, or until the project
5 18 for which the appropriation was made is completed,
5 19 whichever is earlier.>
5 20 #24. Page 7, line 1, by inserting after the word
5 21 <new> the following: <approximately>.
5 22 #25. Page 7, line 5, by striking the figure
5 23 <14,600,000> and inserting the following:
5 24 <16,100,000>.
5 25 #26. Page 7, line 6, by striking the figure
5 26 <14,600,000> and inserting the following:
5 27 <16,800,000>.
5 28 #27. Page 7, line 21, by striking the figure
5 29 <14,000,000> and inserting the following:
5 30 <15,650,000>.
5 31 #28. Page 8, by inserting after line 14 the
5 32 following:
5 33 <Of the amount appropriated in this lettered
5 34 paragraph, $150,000 is allocated to the department for
5 35 the purpose of funding a detailed project report by
5 36 the United States army corps of engineers to study
5 37 flood prevention improvements to a levee located in
5 38 the largest city in a county in this state with a
5 39 population between 190,000 and 200,000. To receive
5 40 funds pursuant to this paragraph, the city shall
5 41 provide local matching moneys on a dollar=for=dollar
5 42 basis and shall work to obtain any available federal
5 43 funding.>
5 44 #29. Page 8, by striking lines 30 and 31 and
5 45 inserting the following:
5 46 <d. For deposit in the agricultural drainage well
5 47 water quality assistance fund created in section
5 48 460.303 to be used for>.
5 49 #30. Page 11, by striking lines 26 through 30 and
5 50 inserting the following:
6 1 <................................................. $ 975,000
6 2 Of the amount appropriated for the dredging of
6 3 lakes, $225,000 shall be allocated for a lake with
6 4 public access that has the support of a benefitted
6 5 lake district located in a county with a population
6 6 between 18,350 and 18,450.
6 7 The department shall monitor private lake
6 8 recipients with a department presence of the funds
6 9 appropriated in this lettered paragraph and such
6 10 recipients shall provide local matching moneys on a
6 11 dollar=for=dollar basis.>
6 12 #31. Page 12, by striking lines 8 through 13 and
6 13 inserting the following:
6 14 <i. For completion of the tire reclamation project
6 15 near Rhodes:
6 16 .................................................. $ 50,000
6 17 Sec. . There is appropriated from the
6 18 environment first fund to the department of
6 19 agriculture and land stewardship for the fiscal year
6 20 beginning July 1, 2007, and ending June 30, 2008, the
6 21 following amount, or so much thereof as is necessary,
6 22 to be used for the purpose designated:
6 23 For the purpose of funding a detailed project
6 24 report by the United States army corps of engineers to
6 25 study flood prevention improvements to a levee located
6 26 in the largest city in a county in this state with a
6 27 population between 190,000 and 200,000:
6 28 .................................................. $ 150,000
6 29 To receive funds pursuant to this section, the city
6 30 shall provide local matching moneys on a
6 31 dollar=for=dollar basis and shall work to obtain any
6 32 available federal funding.
6 33 Notwithstanding section 8.33, moneys appropriated
6 34 in this section that remain unencumbered or
6 35 unobligated at the close of the fiscal year shall not
6 36 revert but shall remain available for the purposes
6 37 designated until the close of the fiscal year that
6 38 begins July 1, 2010, or until the project for which
6 39 the appropriation was made is completed, whichever is
6 40 earlier.>
6 41 #32. Page 12, line 26, by inserting after the word
6 42 <appropriated> the following: <for the fiscal year
6 43 beginning July 1, 2006,>.
6 44 #33. Page 13, by striking line 20 and inserting
6 45 the following: <fiscal year beginning July 1, 2005,
6 46 and ending June 30, 2006>.
6 47 #34. By striking page 13, line 27, through page
6 48 14, line 11, and inserting the following:
6 49 <(2) For costs associated with the remodeling of
6 50 the records and property center:
7 1 .................................................. $ 2,200,000
7 2 (3) For costs associated with the restoration of
7 3 the west capitol terrace:
7 4 .................................................. $ 2,300,000
7 5 (4) For costs to repair parking lots on the
7 6 capitol complex:
7 7 .................................................. $ 1,545,000
7 8 b. DEPARTMENT OF CORRECTIONS
7 9 (1) For construction of a community=based
7 10 correctional facility, including district offices, in
7 11 Ft. Dodge:
7 12 .................................................. $ 1,400,000
7 13 (2) For the remodeling and renovation of the
7 14 kitchen facilities at the Anamosa correctional
7 15 facility:
7 16 .................................................. $ 1,840,000
7 17 (3) For the Oakdale expansion one=time equipment
7 18 purchases and expenses:
7 19 .................................................. $ 3,376,519>
7 20 #35. Page 14, by inserting after line 14 the
7 21 following:
7 22 <Of the amount appropriated in this lettered
7 23 paragraph, $25,000 shall be used for improvements to
7 24 the stone wall at Backbone state park.>
7 25 #36. By striking page 14, line 19, through page
7 26 16, line 11, and inserting the following:
7 27 <(2) For upgrades to the Camp Dodge water
7 28 distribution system:
7 29 .................................................. $ 750,000
7 30 (3) For construction of a national guard aviation
7 31 armory in Waterloo:
7 32 .................................................. $ 399,000
7 33 . DEPARTMENT OF PUBLIC SAFETY
7 34 For construction of an Iowa state patrol post in
7 35 district 8:
7 36 .................................................. $ 2,400,000>
7 37 #37. Page 16, by striking lines 21 through 23 and
7 38 inserting the following: <the close of the fiscal
7 39 year that begins July 1, 2006.
7 40 Sec. . EFFECTIVE DATE. This division of this
7 41 Act, being deemed of immediate importance, takes
7 42 effect upon enactment.>
7 43 #38. Page 17, line 2, by inserting after the
7 44 figure <2005> the following: <, including projects
7 45 submitted for review to the technology and
7 46 commercialization resources organization created in
7 47 this Act, if enacted.>
7 48 #39. Page 17, by striking lines 20 through 22.
7 49 #40. Page 17, by inserting after line 31 the
7 50 following:
8 1 <Of the amount appropriated in this lettered
8 2 paragraph, funds shall be used for the maintenance of
8 3 the exterior windows on the east side of the capitol
8 4 building.>
8 5 #41. Page 17, line 33, by inserting after the word
8 6 <new> the following: <approximately>.
8 7 #42. Page 17, line 35, by striking the figure
8 8 <38,485,000> and inserting the following:
8 9 <37,585,000>.
8 10 #43. Page 18, by striking lines 4 through 6.
8 11 #44. Page 18, line 14, by striking the figure
8 12 <8,130,668> and inserting the following: <5,030,668>.
8 13 #45. Page 18, by inserting after line 14 the
8 14 following:
8 15 < . For discretion by the director of the
8 16 department of administrative services to be used to
8 17 purchase property or enter into agreements to purchase
8 18 property which would be appropriate or beneficial to
8 19 the state:
8 20 .................................................. $ 500,000>
8 21 #46. Page 18, line 25, by striking the figure
8 22 <1,400,000> and inserting the following: <1,000,000>.
8 23 #47. Page 18, by striking lines 26 through 28 and
8 24 inserting the following:
8 25 <c. To the sixth judicial district department of
8 26 correctional services for the design and construction
8 27 of a 20=bed residential facility for offenders under
8 28 the supervision of the district department who have
8 29 mental health or dual diagnosis needs:
8 30 .................................................. $ 1,000,000>
8 31 #48. By striking page 18, line 30, through page
8 32 19, line 2, and inserting the following:
8 33 <For deposit into the Iowa great places program
8 34 fund created in section 303.3D, if enacted in this
8 35 Act:
8 36 .................................................. $ 3,000,000
8 37 Of the amount deposited into the Iowa great places
8 38 program fund pursuant to this subsection, $1,000,000
8 39 is appropriated for and shall be allocated to each
8 40 Iowa great place identified through the Iowa great
8 41 places program in fiscal year 2005=2006.
8 42 Notwithstanding section 8.33, the amounts appropriated
8 43 and allocated pursuant to this paragraph that remain
8 44 unencumbered at the close of the fiscal year shall not
8 45 revert but shall remain available for expenditure by
8 46 the department for the purposes designated in this
8 47 paragraph until the close of the succeeding fiscal
8 48 year.
8 49 . DEPARTMENT OF ECONOMIC DEVELOPMENT
8 50 For accelerated career education program capital
9 1 projects at community colleges that are authorized
9 2 under chapter 260G and that meet the definition of
9 3 "vertical infrastructure" in section 8.57B, subsection
9 4 3:
9 5 .................................................. $ 5,500,000
9 6 The moneys appropriated in this subsection shall be
9 7 allocated equally among the community colleges in the
9 8 state. If any portion of the equal allocation to a
9 9 community college is not obligated or encumbered by
9 10 April 1, 2007, the unobligated and unencumbered
9 11 portions shall be available for use by other community
9 12 colleges.>
9 13 #49. Page 19, line 22, by striking the figure
9 14 <1,635,000> and inserting the following: <1,236,000>.
9 15 #50. Page 19, by striking lines 25 through 27, and
9 16 inserting the following:
9 17 <d. For allocation to the homeland security and
9 18 emergency management division for the STARCOMM
9 19 project:
9 20 .................................................. $ 600,000>
9 21 #51. Page 19, by striking lines 29 through 31 and
9 22 inserting the following:
9 23 <For allocation to the division of fire protection
9 24 for the planning, design, and construction of regional
9 25 emergency response training centers in the state:
9 26 .................................................. $ 2,000,000
9 27 Of the amount appropriated in this subsection,
9 28 $400,000 shall be allocated to north Iowa area
9 29 community college.
9 30 Of the amount appropriated in this subsection,
9 31 $400,000 shall be allocated to southeastern Iowa
9 32 community college.
9 33 Of the amount appropriated in this subsection,
9 34 $400,000 shall be allocated to a public agency, as
9 35 defined in section 100B.15, located in merged area
9 36 eleven.
9 37 Of the amount appropriated in this subsection,
9 38 $400,000 shall be allocated to Kirkwood community
9 39 college.
9 40 Of the amount appropriated in this subsection,
9 41 $400,000 shall be allocated to Iowa central community
9 42 college.>
9 43 #52. Page 20, by inserting after line 13 the
9 44 following:
9 45 < . DEPARTMENT OF TRANSPORTATION
9 46 a. For infrastructure improvements at general
9 47 aviation airports within the state:
9 48 .................................................. $ 750,000
9 49 b. For vertical infrastructure improvements at the
9 50 commercial air service airports within the state:
10 1 .................................................. $ 1,500,000
10 2 Fifty percent of the funds appropriated in this
10 3 lettered paragraph shall be allocated equally between
10 4 each commercial service airport, 40 percent of the
10 5 funds shall be allocated based on the percentage that
10 6 the number of enplaned passengers at each commercial
10 7 service airport bears to the total number of enplaned
10 8 passengers in the state during the previous fiscal
10 9 year, and 10 percent of the funds shall be allocated
10 10 based upon the percentage that the air cargo tonnage
10 11 at each commercial service airport bears to the total
10 12 air cargo tonnage in the state during the previous
10 13 fiscal year. In order for a commercial service
10 14 airport to receive funding under this lettered
10 15 paragraph, the airport shall be required to submit
10 16 applications for funding of specific projects to the
10 17 department for approval by the state transportation
10 18 commission.
10 19 c. For acquiring, constructing, and improving
10 20 recreational trails within the state:
10 21 .................................................. $ 2,000,000
10 22 Of the amount appropriated in this lettered
10 23 paragraph, $200,000 shall be allocated for trail
10 24 projects in Wapello county.
10 25 d. For deposit into the public transit
10 26 infrastructure grant fund created in section 324A.6A:
10 27 .................................................. $ 2,200,000>
10 28 #53. Page 20, by striking lines 17 through 25.
10 29 #54. Page 21, by inserting after line 26 the
10 30 following:
10 31 <Sec. . REPORT. Annually, on or before January
10 32 1 of each year, a state agency that received an
10 33 appropriation from the endowment for Iowa's health
10 34 restricted capitals fund for the preceding fiscal year
10 35 shall report to the joint transportation,
10 36 infrastructure, and capitals appropriation
10 37 subcommittee, the legislative services agency, the
10 38 department of management, and the legislative capital
10 39 projects committee of the legislative council the
10 40 status of all ongoing projects for which an
10 41 appropriation from the fund has been made. The report
10 42 shall include a description of the project, the
10 43 progress of work completed, the total estimated cost
10 44 of the project, a list of all revenue sources being
10 45 used to fund the project, the amount of funds
10 46 expended, the amount of funds obligated, and an
10 47 estimated completion date of the project.>
10 48 #55. Page 24, by inserting after line 18 the
10 49 following:
10 50 <4. Annually, on or before January 1 of each year,
11 1 a state agency that received an appropriation from
11 2 this fund for the preceding fiscal year shall report
11 3 to the joint transportation, infrastructure, and
11 4 capitals appropriation subcommittee, the legislative
11 5 services agency, the department of management, and the
11 6 legislative capital projects committee of the
11 7 legislative council the status of all ongoing projects
11 8 for which an appropriation from this fund has been
11 9 made. The report shall include a description of the
11 10 project, the progress of work completed, the total
11 11 estimated cost of the project, a list of all revenue
11 12 sources being used to fund the project, the amount of
11 13 funds expended, the amount of funds obligated, and an
11 14 estimated completion date of the project.>
11 15 #56. Page 25, by inserting after line 15 the
11 16 following:
11 17 <d. For the purposes of contracting with qualified
11 18 persons outside the department to conduct use
11 19 attainability analyses in conformance with section
11 20 455B.176A, as enacted in 2006 Iowa Acts, Senate File
11 21 2363, if enacted, or in any other Act of the
11 22 Eighty=first General Assembly, 2006 Session:
11 23 .................................................. $ 750,000>
11 24 #57. Page 31, by striking lines 6 through 23.
11 25 #58. Page 31, by inserting after line 25 the
11 26 following:
11 27 <Sec. . Section 8.57, subsection 6, Code 2005,
11 28 is amended by adding the following new paragraph:
11 29 NEW PARAGRAPH. h. Annually, on or before January
11 30 1 of each year, a state agency that received an
11 31 appropriation from the rebuild Iowa infrastructure
11 32 fund for the preceding fiscal year shall report to the
11 33 joint transportation, infrastructure, and capitals
11 34 appropriation subcommittee, the legislative services
11 35 agency, the department of management, and the
11 36 legislative capital projects committee of the
11 37 legislative council the status of all ongoing projects
11 38 for which an appropriation from the fund has been
11 39 made. The report shall include a description of the
11 40 project, the progress of work completed, the total
11 41 estimated cost of the project, a list of all revenue
11 42 sources being used to fund the project, the amount of
11 43 funds expended, the amount of funds obligated, and an
11 44 estimated completion date of the project.
11 45 Sec. . Section 8.57A, Code 2005, is amended by
11 46 adding the following new subsection:
11 47 NEW SUBSECTION. 5. Annually, on or before January
11 48 1 of each year, a state agency that received an
11 49 appropriation from the environment first fund for the
11 50 preceding fiscal year shall report to the joint
12 1 transportation, infrastructure, and capitals
12 2 appropriation subcommittee, the legislative services
12 3 agency, the department of management, and the
12 4 legislative capital projects committee of the
12 5 legislative council the status of all ongoing projects
12 6 for which an appropriation from the fund has been
12 7 made. The report shall include a description of the
12 8 project, the progress of work completed, the total
12 9 estimated cost of the project, a list of all revenue
12 10 sources being used to fund the project, the amount of
12 11 funds expended, the amount of funds obligated, and an
12 12 estimated completion date of the project.
12 13 Sec. . Section 8.57B, Code Supplement 2005, is
12 14 amended by adding the following new subsection:
12 15 NEW SUBSECTION. 5. Annually, on or before January
12 16 1 of each year, a state agency that received an
12 17 appropriation from the vertical infrastructure fund
12 18 for the preceding fiscal year shall report to the
12 19 joint transportation, infrastructure, and capitals
12 20 appropriation subcommittee, the legislative services
12 21 agency, the department of management, and the
12 22 legislative capital projects committee of the
12 23 legislative council the status of all ongoing projects
12 24 for which an appropriation from the fund has been
12 25 made. The report shall include a description of the
12 26 project, the progress of work completed, the total
12 27 estimated cost of the project, a list of all revenue
12 28 sources being used to fund the project, the amount of
12 29 funds expended, the amount of funds obligated, and an
12 30 estimated completion date of the project.
12 31 Sec. . Section 8A.321, subsection 10, Code
12 32 Supplement 2005, is amended to read as follows:
12 33 10. Prepare annual status reports for all ongoing
12 34 capital projects of all state agencies, as defined in
12 35 section 8.3A the department, and submit the status
12 36 reports to the legislative capital projects committee
12 37 joint transportation, infrastructure, and capitals
12 38 appropriation subcommittee.>
12 39 #59. Page 32, by inserting after line 21 the
12 40 following:
12 41 <Sec. . Section 12E.12, Code 2005, is amended
12 42 by adding the following new subsection:
12 43 NEW SUBSECTION. 9. Annually, on or before January
12 44 1 of each year, a state agency that received an
12 45 appropriation from the tobacco settlement trust fund
12 46 for the preceding fiscal year shall report to the
12 47 joint transportation, infrastructure, and capitals
12 48 appropriation subcommittee, the legislative services
12 49 agency, the department of management, and the
12 50 legislative capital projects committee of the
13 1 legislative council the status of all ongoing projects
13 2 for which an appropriation from the fund has been
13 3 made. The report shall include a description of the
13 4 project, the progress of work completed, the total
13 5 estimated cost of the project, a list of all revenue
13 6 sources being used to fund the project, the amount of
13 7 funds expended, the amount of funds obligated, and an
13 8 estimated completion date of the project.
13 9 Sec. . Section 15I.1, subsection 2, paragraph
13 10 a, Code Supplement 2005, is amended to read as
13 11 follows:
13 12 a. Medical and dental insurance plans. If an
13 13 employer offers medical insurance under both single
13 14 and family coverage plans, the employer shall be given
13 15 credit for providing medical insurance under family
13 16 coverage plans to all new employees.>
13 17 #60. Page 32, by striking lines 22 through 26.
13 18 #61. Page 32, by striking lines 30 and 31 and
13 19 inserting the following:
13 20 <The state fire marshal, subject to the approval of
13 21 the state fire service and emergency response council,
13 22 may shall>.
13 23 #62. Page 33, by striking lines 5 through 7 and
13 24 inserting the following:
13 25 <The state fire marshal may enter into written
13 26 agreements with other>.
13 27 #63. Page 33, by striking lines 17 through 19 and
13 28 inserting the following: <described in section 100B.6
13 29 shall not be greater than the fee schedule established
13 30 by rule by the state fire marshal.>
13 31 #64. By striking page 33, line 33, through page
13 32 34, line 4.
13 33 #65. By striking page 34, line 26, through page
13 34 35, line 19, and inserting the following:
13 35 <1. Regional emergency response training centers
13 36 shall be established to provide training to fire
13 37 fighters and other emergency responders. The lead
13 38 public agency for the training centers shall be the
13 39 following community colleges for the following merged
13 40 areas:
13 41 a. Northeast Iowa community college for merged
13 42 area I in partnership with the Dubuque county
13 43 firemen's association and to provide advanced training
13 44 in agricultural emergency response as such advanced
13 45 training is funded by the homeland security and
13 46 emergency management division of the department of
13 47 public defense.
13 48 b. North Iowa area community college for merged
13 49 area II in partnership with the Mason City fire
13 50 department.
14 1 c. Iowa lakes community college for merged area
14 2 III.
14 3 d. Iowa central community college for merged area
14 4 V and to provide advanced training in homeland
14 5 security as such advanced training is funded by the
14 6 homeland security and emergency management division of
14 7 the department of public defense.
14 8 e. Hawkeye community college for merged area VII
14 9 in partnership with the Waterloo regional hazardous
14 10 materials training center and to provide advanced
14 11 training in hazardous materials emergency response as
14 12 such advanced training is funded by the homeland
14 13 security and emergency management division of the
14 14 department of public defense.
14 15 f. Eastern Iowa community college for merged area
14 16 IX in partnership with the city of Davenport fire
14 17 department.
14 18 g. Kirkwood community college for merged area X in
14 19 partnership with the city of Coralville fire
14 20 department and the Iowa City fire department and to
14 21 provide advanced training in agricultural terrorism
14 22 response and mass casualty and fatality response as
14 23 such advanced training is funded by the homeland
14 24 security and emergency management division of the
14 25 department of public defense.
14 26 h. Western Iowa technical community college for
14 27 merged area XII in partnership with the Sioux City
14 28 fire department and to provide advanced training in
14 29 emergency responder communications as such advanced
14 30 training is funded by the homeland security and
14 31 emergency management division of the department of
14 32 public defense.
14 33 i. Iowa western community college for merged areas
14 34 XIII and XIV in partnership with southwestern
14 35 community college and the Council Bluffs fire
14 36 department.
14 37 j. Southeastern Iowa community college for merged
14 38 areas XV and XVI in partnership with Indian hills
14 39 community college and the city of Fort Madison fire
14 40 department.>
14 41 #66. Page 35, by striking lines 24 through 34 and
14 42 inserting the following:
14 43 <2. a. A lead public agency listed in subsection
14 44 1, paragraphs "a" through "j", shall submit an
14 45 application to the bureau in order to be eligible to
14 46 receive a state appropriation for the agency's
14 47 training center. The bureau shall prescribe the form
14 48 of the application and, on or before August 15, 2006,
14 49 shall provide such application to each lead public
14 50 agency.
15 1 b. An applicant lead public agency>.
15 2 #67. Page 36, line 1, by inserting after the word
15 3 <center.> the following: <An applicant shall also
15 4 include on the application the location of any
15 5 existing facilities required in section 100B.17 and
15 6 located in the training region.>
15 7 #68. Page 36, by striking lines 6 through 10 and
15 8 inserting the following:
15 9 <c. By January 10 of each year, the bureau shall
15 10 submit to the general assembly a list of applications
15 11 received and the action taken by the bureau on each
15 12 application. The bureau shall,>.
15 13 #69. Page 36, line 14, by inserting after the word
15 14 <applicant> the following: <lead>.
15 15 #70. Page 36, by inserting after line 30 the
15 16 following:
15 17 <4. Applications must be submitted to the bureau
15 18 by September 15, 2006, in order for a training center
15 19 to be eligible to receive state funds in the fiscal
15 20 year beginning July 1, 2006, if funds are appropriated
15 21 to that training center for that fiscal year. The
15 22 bureau shall review and approve an application and, if
15 23 approved, distribute funds appropriated for that
15 24 training center within thirty days of receiving the
15 25 application from the applicant. State funds that have
15 26 been appropriated for use by a specified training
15 27 center shall be distributed to that training center as
15 28 soon as possible after the bureau approves such
15 29 training center's application.
15 30 5. The application shall list the training
15 31 facilities to be required in order for a training
15 32 center to provide training to fire fighters and other
15 33 emergency responders. If a lead agency or a partner
15 34 of a lead agency already owns or utilizes a required
15 35 training facility, that facility shall not be
15 36 duplicated when constructing the required training
15 37 facilities listed on the application.>
15 38 #71. Page 36, line 31, by striking the figure <4.>
15 39 and inserting the following: <6.>
15 40 #72. Page 36, line 34, by inserting after the word
15 41 <system> the following: <as such advanced training is
15 42 funded by the homeland security and emergency
15 43 management division of the department of public
15 44 defense>.
15 45 #73. Page 36, by inserting after line 34 the
15 46 following:
15 47 <7. The state fire marshal may adopt
15 48 administrative rules under section 17A.4, subsection
15 49 2, and section 17A.5, subsection 2, paragraph "b", to
15 50 administer this section.>
16 1 #74. By striking page 36, line 35, through page
16 2 37, line 17, and inserting the following:
16 3 <Sec. . NEW SECTION. 100B.17 TRAINING CENTER
16 4 FACILITIES == ADVANCED TRAINING == INSPECTIONS.
16 5 1. Each training center is required to have the
16 6 facilities listed on the application in section
16 7 100B.16. In addition, each>.
16 8 #75. Page 37, line 25, by striking the figure <3.>
16 9 and inserting the following: <2.>
16 10 #76. Page 37, by striking lines 33 through 35 and
16 11 inserting the following: <materials, curriculum,
16 12 training aids, and training schedule.>
16 13 #77. Page 38, by inserting after line 23 the
16 14 following:
16 15 <Sec. . NEW SECTION. 262B.21 RESEARCH AND
16 16 DEVELOPMENT PLATFORMS.
16 17 1. For purposes of this section, and sections
16 18 262B.22 and 262B.23, "core platform areas" means the
16 19 areas of advanced manufacturing, biosciences,
16 20 information solutions, and financial services.
16 21 2. The state board of regents shall do all of the
16 22 following:
16 23 a. Recruit employees, build capacity, and invest
16 24 moneys to ensure rapid scientific progress in the core
16 25 platform areas.
16 26 b. Create endowed chair positions and employ
16 27 persons with entrepreneurial expertise.
16 28 c. Invest in technology development infrastructure
16 29 to strengthen and accelerate the scientific and
16 30 commercialization work in the core platform areas.
16 31 d. Provide financial assistance in the form of
16 32 grants for purposes of accelerating the transformation
16 33 of new and ongoing research and development
16 34 initiatives in the core platform areas into commercial
16 35 opportunities.
16 36 e. Actively participate in advisory groups
16 37 dedicated to the areas of bioscience advanced
16 38 manufacturing, and information solutions.
16 39 Sec. . NEW SECTION. 262B.22 TECHNOLOGY AND
16 40 COMMERCIALIZATION RESOURCE ORGANIZATION.
16 41 1. The general assembly finds and declares that
16 42 the public good requires that Iowa successfully
16 43 participate and compete in the emerging world economy.
16 44 A technology and commercialization resource
16 45 organization is established to formulate and implement
16 46 plans and programs for the core platform areas and to
16 47 facilitate their commercial application within the
16 48 state.
16 49 2. The technology and commercialization resource
16 50 organization shall receive recommendations for
17 1 research projects which have commercialization
17 2 potential from institutions of higher learning under
17 3 the control of the state board of regents. In
17 4 cooperation with commercialization experts in the
17 5 private sector, the organization shall analyze
17 6 research project submissions and make recommendations
17 7 regarding which projects should receive funding and
17 8 how much funding such projects should receive. The
17 9 recommendations of the organization shall be forwarded
17 10 to the state board of regents. The state board of
17 11 regents shall review the recommendations and may
17 12 approve, deny, or modify the recommendations, but the
17 13 state board of regents shall not change the primary
17 14 focus of the proposal. The state board of regents may
17 15 award financial assistance to approved research
17 16 projects.
17 17 3. A technology and commercialization resource
17 18 organization shall be incorporated under chapter 504.
17 19 The organization shall not be regarded as a state
17 20 agency, except for purposes of chapter 17A. A member
17 21 of the board of directors is not considered a state
17 22 employee, except for purposes of chapter 669. A
17 23 natural person employed by the organization is a state
17 24 employee for purposes of the Iowa public employees'
17 25 retirement system, state health and dental plans, and
17 26 other state employee benefit plans and chapter 669.
17 27 Chapters 8, 8A, and 20, and other provisions of law
17 28 that relate to requirements or restrictions dealing
17 29 with state personnel or state funds, do not apply to
17 30 the organization or any employees of the board of
17 31 directors or the organization except to the extent
17 32 provided in this chapter.
17 33 4. The board of directors of the organization
17 34 shall consist of eight voting members as follows:
17 35 a. The president of the state board of regents.
17 36 b. The three members of the economic development
17 37 subcommittee of the state board of regents.
17 38 c. The chief technology officer of the state.
17 39 d. One member selected by a biosciences
17 40 development organization designated by the department
17 41 of economic development pursuant to section 15G.111,
17 42 subsection 2.
17 43 e. The chairperson of the advanced manufacturing
17 44 steering group of the department of economic
17 45 development.
17 46 f. The chairperson of the information solutions
17 47 steering group of the department of economic
17 48 development.
17 49 5. The members of the board of directors shall
17 50 annually elect a president of the board from the board
18 1 membership. A vacancy shall be filled by the
18 2 appointing authority. Members are eligible for actual
18 3 expense reimbursement while fulfilling duties of the
18 4 board.
18 5 Sec. . NEW SECTION. 262B.23 ENDOWED CHAIRS
18 6 AND SALARIES.
18 7 The state board of regents may use for salaries and
18 8 may create endowed chair positions at each of the
18 9 regents universities using, in part, moneys
18 10 appropriated to the state board of regents for
18 11 purposes of implementing recommendations provided in
18 12 separate consultant reports on bioscience, advanced
18 13 manufacturing, and information technology submitted to
18 14 the department of economic development in the calendar
18 15 years 2004 and 2005. Such moneys may only be used to
18 16 partially fund an endowed chair position if
18 17 significant private contributions and contributions
18 18 from governmental entities other than the state and
18 19 political subdivisions of the state are used to fund
18 20 the position. Not more than fifty percent of the cost
18 21 of funding an endowed chair position shall be paid
18 22 with such moneys. The endowed chair positions shall
18 23 be used to attract scholars recruited nationally and
18 24 internationally who can bring with them related
18 25 start=up business ventures or a concept for near=term
18 26 commercialization.
18 27 Sec. . Section 303.3C, subsection 1, paragraph
18 28 c, Code Supplement 2005, is amended to read as
18 29 follows:
18 30 c. Initially, three Iowa great places projects
18 31 shall be identified by the Iowa great places board.
18 32 Two years after the third project is identified by the
18 33 board, Thereafter, the board may identify up to six
18 34 additional Iowa great places for participation under
18 35 the program.
18 36 Sec. . Section 303.3C, subsection 1, Code
18 37 Supplement 2005, is amended by adding the following
18 38 new paragraphs:
18 39 NEW PARAGRAPH. d. The department of cultural
18 40 affairs shall work in cooperation with the vision Iowa
18 41 and community attraction and tourism programs for
18 42 purposes of maximizing and leveraging moneys
18 43 appropriated to identified Iowa great places.
18 44 NEW PARAGRAPH. e. As a condition of receiving
18 45 state funds, an identified Iowa great place shall
18 46 present information to the board concerning the
18 47 proposed activities and total financial needs of the
18 48 project.
18 49 NEW PARAGRAPH. f. The department of cultural
18 50 affairs shall account for any funds appropriated from
19 1 the endowment for Iowa health restricted capitals fund
19 2 for an identified Iowa great place.
19 3 Sec. Section 303.3C, subsection 3, paragraph
19 4 b, Code Supplement 2005, is amended to read as
19 5 follows:
19 6 b. Identify three Iowa great places for purposes
19 7 of receiving a package of resources under the program.
19 8 Sec. . NEW SECTION. 303.3D IOWA GREAT PLACES
19 9 PROGRAM FUND.
19 10 1. An Iowa great places program fund is created
19 11 under the authority of the department of cultural
19 12 affairs. The fund shall consist of appropriations
19 13 made to the fund and transfers of interest, earnings,
19 14 and moneys from other funds as provided by law.
19 15 Notwithstanding section 12C.7, subsection 2, interest
19 16 or earnings on investments or time deposits of the
19 17 moneys in the Iowa great places program fund shall be
19 18 credited to the Iowa great places program fund.
19 19 2. Moneys appropriated for a fiscal year to the
19 20 fund shall be used by the general assembly to fund
19 21 capital infrastructure projects for identified Iowa
19 22 great places through the Iowa great places program
19 23 established in section 303.3C.
19 24 3. In awarding moneys the department of cultural
19 25 affairs shall give consideration to the particular
19 26 needs of each identified Iowa great place.
19 27 4. Notwithstanding section 8.33, moneys credited
19 28 to the great places program fund shall not revert to
19 29 the fund from which appropriated.
19 30 Sec. . NEW SECTION. 324A.6A PUBLIC TRANSIT
19 31 INFRASTRUCTURE GRANT FUND.
19 32 A public transit infrastructure grant fund is
19 33 established within the department. Moneys in the fund
19 34 shall be awarded to public transit systems within the
19 35 state for construction and infrastructure projects
19 36 that meet the definition of "vertical infrastructure"
19 37 in section 8.57, subsection 6, paragraph "c". The
19 38 fund shall consist of appropriations made to the fund
19 39 and transfers of interest, earnings, and moneys from
19 40 other funds as provided by law. In awarding grant
19 41 assistance, the office of public transit within the
19 42 department shall, by rule, specify certain criteria
19 43 that must be included in a grant application, which
19 44 shall include but not be limited to information on the
19 45 feasibility of completion of an individual
19 46 infrastructure project. Notwithstanding section 8.33,
19 47 moneys in the public transit infrastructure grant fund
19 48 shall not revert to the fund from which they are
19 49 appropriated but shall remain available indefinitely
19 50 for expenditure under this section.
20 1 Sec. . NEW SECTION. 328.56 STATE AVIATION
20 2 FUND.
20 3 1. A state aviation fund is created under the
20 4 authority of the department. The fund shall consist
20 5 of moneys deposited in the fund pursuant to sections
20 6 328.21 and 452A.82 and other moneys appropriated to
20 7 the fund.
20 8 2. Moneys in the fund in a fiscal year shall be
20 9 used as appropriated by the general assembly for
20 10 airport engineering studies, construction or
20 11 improvements, and the windsock program for public
20 12 airports. In awarding moneys, the department shall
20 13 give preference to projects that demonstrate a
20 14 collaborative effort between airports.
20 15 Sec. . Section 422.34A, Code 2005, is amended
20 16 by adding the following new subsection:
20 17 NEW SUBSECTION. 8. Utilizing a distribution
20 18 facility within this state, owning or leasing property
20 19 at a distribution facility within this state that is
20 20 used at or distributed from the distribution facility,
20 21 or selling property shipped or distributed from a
20 22 distribution facility. For purposes of this
20 23 subsection, "distribution facility" means an
20 24 establishment where shipments of tangible personal
20 25 property are processed for delivery to customers.
20 26 "Distribution facility" does not include an
20 27 establishment where retail sales of tangible personal
20 28 property or returns of such property are undertaken
20 29 with respect to retail customers on more than twelve
20 30 days a year except for a distribution facility which
20 31 processes customer sales orders by mail, telephone, or
20 32 electronic means, if the distribution facility also
20 33 processes shipments of tangible personal property to
20 34 customers provided that not more than ten percent of
20 35 the dollar amount of goods are delivered and shipped
20 36 so as to be included in the gross sales of the
20 37 corporation within this state as provided in section
20 38 422.33, subsection 2, paragraph "b", subparagraph (6).
20 39 Sec. . Section 452A.79, Code Supplement 2005,
20 40 is amended by striking the section and inserting in
20 41 lieu thereof the following:
20 42 452A.79 USE OF REVENUE.
20 43 Except as provided in sections 452A.79A, 452A.82,
20 44 and 452A.84, the net proceeds of the excise tax on the
20 45 diesel special fuel and the excise tax on motor fuel
20 46 and other special fuel, and penalties collected under
20 47 the provision of this chapter, shall be credited to
20 48 the road use tax fund.
20 49 Sec. . NEW SECTION. 452A.79A MARINE FUEL TAX
20 50 FUND.
21 1 1. A marine fuel tax fund is created under the
21 2 authority of the department of natural resources. The
21 3 fund shall consist of all revenues derived from the
21 4 excise tax on the sale of motor fuel used in
21 5 watercraft as provided in section 452A.84 and other
21 6 moneys appropriated to the fund.
21 7 2. Moneys in the fund in a fiscal year shall be
21 8 used as appropriated by the general assembly for use
21 9 by the department of natural resources in its
21 10 recreational boating program, which may include but is
21 11 not limited to:
21 12 a. Dredging and renovation of lakes of this state.
21 13 b. Acquisition, development, and maintenance of
21 14 access to public boating waters.
21 15 c. Development and maintenance of boating
21 16 facilities and navigation aids.
21 17 d. Administration, operation, and maintenance of
21 18 recreational boating activities of the department of
21 19 natural resources.
21 20 e. Acquisition, development, and maintenance of
21 21 recreation facilities associated with recreational
21 22 boating.
21 23 Sec. . Section 452A.82, Code 2005, is amended
21 24 to read as follows:
21 25 452A.82 AVIATION FUEL TAX FUND.
21 26 The portion of the moneys collected under this
21 27 chapter received on account of aviation gasoline and
21 28 special fuel used in aircraft shall be deposited in a
21 29 separate fund to be maintained by the treasurer. All
21 30 moneys remaining in the separate fund after the cost
21 31 of administering the fund has been paid shall be
21 32 credited to the general fund of the state aviation
21 33 fund created in section 328.56.
21 34 Sec. . Section 452A.84, Code 2005, is amended
21 35 to read as follows:
21 36 452A.84 TRANSFER TO STATE GENERAL MARINE FUEL TAX
21 37 FUND.
21 38 The treasurer of state shall transfer from the
21 39 motor fuel tax fund to the general marine fuel tax
21 40 fund of the state that portion of moneys collected
21 41 under this chapter attributable to motor fuel used in
21 42 watercraft computed as follows:
21 43 1. Determine monthly the total amount of motor
21 44 fuel tax collected under this chapter and multiply the
21 45 amount by nine=tenths of one percent.
21 46 2. Subtract from the figure computed pursuant to
21 47 subsection 1 of this section three percent of the
21 48 figure for administrative costs and further subtract
21 49 from the figure the amounts refunded to commercial
21 50 fishers pursuant to section 452A.17, subsection 1,
22 1 paragraph "a", subparagraph (7). All moneys remaining
22 2 after claims for refund and the cost of administration
22 3 have been made shall be transferred to the general
22 4 marine fuel tax fund of the state.>
22 5 #78. Page 41, by inserting after line 10 the
22 6 following:
22 7 <Sec. . 2006 Iowa Acts, Senate File 2363,
22 8 section 5, if enacted, is amended by striking the
22 9 section and inserting in lieu thereof the following:
22 10 SEC. 5. NEW SECTION. 16.134 WASTEWATER TREATMENT
22 11 FINANCIAL ASSISTANCE PROGRAM.
22 12 1. The Iowa finance authority shall establish and
22 13 administer a wastewater treatment financial assistance
22 14 program. The purpose of the program shall be to
22 15 provide grants to enhance water quality and to assist
22 16 communities to comply with water quality standards
22 17 adopted by the department of natural resources. The
22 18 program shall be administered in accordance with rules
22 19 adopted by the authority pursuant to chapter 17A.
22 20 2. A wastewater treatment financial assistance
22 21 fund is created under the authority of the Iowa
22 22 finance authority. The fund shall consist of
22 23 appropriations made to the fund and transfers of
22 24 interest, earnings, and moneys from other funds as
22 25 provided by law. Moneys in the fund are not subject
22 26 to section 8.33. Notwithstanding section 12C.7,
22 27 subsection 2, interest or earnings on moneys in the
22 28 fund shall be credited to the fund.
22 29 3. Financial assistance under the program shall be
22 30 used to install or upgrade wastewater treatment
22 31 facilities and systems, and for engineering or
22 32 technical assistance for facility planning and design.
22 33 4. The authority shall distribute financial
22 34 assistance in the fund in accordance with the
22 35 following:
22 36 a. Communities shall be eligible for financial
22 37 assistance by qualifying as a disadvantaged community
22 38 and seeking financial assistance for the installation
22 39 or upgrade of wastewater treatment facilities due to
22 40 regulatory activity in response to water quality
22 41 standards adopted by the department of natural
22 42 resources in calendar year 2006. For purposes of this
22 43 section, the term "disadvantaged community" means the
22 44 same as defined by the department of natural resources
22 45 for the drinking water facilities revolving loan fund
22 46 established in section 455B.295. Communities with a
22 47 population of three thousand or more do not qualify
22 48 for financial assistance under the program.
22 49 b. Priority shall be given to projects in which
22 50 the financial assistance is used to obtain financing
23 1 under the Iowa water pollution control works and
23 2 drinking water facilities financing program pursuant
23 3 to section 16.131 or other federal or state financing.
23 4 c. Priority shall also be given to projects whose
23 5 completion will provide significant improvement to
23 6 water quality in the relevant watershed.
23 7 d. A community meeting the criteria of paragraph
23 8 "a" shall be required to provide matching moneys in
23 9 accordance with the following:
23 10 (1) Unsewered incorporated communities with a
23 11 population of less than five hundred and communities
23 12 with a population of less than five hundred shall be
23 13 required to provide a five percent match.
23 14 (2) Communities with a population of five hundred
23 15 or more but less than one thousand shall be required
23 16 to provide a ten percent match.
23 17 (3) Communities with a population of one thousand
23 18 or more but less than one thousand five hundred shall
23 19 be required to provide a twenty percent match.
23 20 (4) Communities with a population of one thousand
23 21 five hundred or more but less than two thousand shall
23 22 be required to provide a thirty percent match.
23 23 (5) Communities with a population of two thousand
23 24 or more but less than three thousand shall be required
23 25 to provide a forty percent match.
23 26 e. Financial assistance in the form of grants
23 27 shall be issued on a quarterly basis.
23 28 5. The authority in cooperation with the
23 29 department of natural resources shall share
23 30 information and resources when determining the
23 31 qualifications of a community for financial assistance
23 32 from the fund.
23 33 6. The authority may use an amount of not more
23 34 than four percent of any moneys appropriated for
23 35 deposit in the fund for administration purposes.
23 36 7. It is the intent of the general assembly that
23 37 for the fiscal period beginning July 1, 2007, and
23 38 ending June 30, 2016, a minimum of four million
23 39 dollars shall be appropriated each fiscal year to the
23 40 authority for deposit in the wastewater treatment
23 41 financial assistance fund.>
23 42 #79. Page 41, by striking lines 11 through 29 and
23 43 inserting the following:
23 44 <Sec. . STUDY OF EMERGENCY SERVICES IN THE
23 45 STATE. The legislative council is requested to
23 46 establish a committee to study emergency services in
23 47 the state during the 2006 legislative interim.
23 48 The interim committee is directed to receive input
23 49 from the department of public defense, division of
23 50 homeland security and emergency management,
24 1 departments of human services, public health, and
24 2 public safety, including the state fire marshal, and
24 3 representatives of emergency services providers,
24 4 including but not limited to the Iowa firemen's
24 5 association, Iowa fire chiefs association, Iowa
24 6 association of professional fire chiefs, and Iowa
24 7 professional fire fighters, Iowa emergency medical
24 8 services association, and emergency room physicians.
24 9 The interim committee is directed to expeditiously
24 10 complete its study and issue findings and make
24 11 recommendations regarding the governance, structure,
24 12 and funding of the state's emergency services and the
24 13 training available in the state for emergency services
24 14 providers for consideration during the 2007
24 15 legislative session.>
24 16 #80. Page 41, by inserting before line 30 the
24 17 following:
24 18 <Sec. . AVIATION FUEL TAX FUND == GENERAL FUND
24 19 CREDIT. Notwithstanding section 452A.82, for the
24 20 fiscal year beginning July 1, 2007, 50 percent of the
24 21 moneys remaining after the cost of administering the
24 22 aviation fuel tax fund shall be credited to the
24 23 general fund.
24 24 Sec. . EFFECTIVE DATES AND RETROACTIVE
24 25 APPLICABILITY.
24 26 1. The section of this division of this Act
24 27 enacting section 422.34A, subsection 8, being deemed
24 28 of immediate importance, takes effect upon enactment
24 29 and applies retroactively to January 1, 2006, for tax
24 30 years beginning on or after that date.
24 31 2. The sections of this division of this Act
24 32 amending sections 328.36, 452A.79, 452A.82, and
24 33 452A.84 and enacting sections 328.56 and 452A.79A,
24 34 relating to a state aviation fund and a marine fuel
24 35 tax fund, take effect July 1, 2007.>
24 36 #81. Page 41, by inserting before line 30 the
24 37 following:
24 38 <Sec. . EFFECTIVE DATE. The sections of this
24 39 division of this Act amending sections 100B.3, 100B.4,
24 40 and 100B.7, and enacting sections 100B.15 through
24 41 100B.19, being deemed of immediate importance, take
24 42 effect upon enactment.>
24 43 #82. Page 41, by inserting before line 30 the
24 44 following:
24 45 <DIVISION
24 46 MISCELLANEOUS APPROPRIATIONS
24 47 Sec. . WASTEWATER TREATMENT FINANCIAL
24 48 ASSISTANCE FUND == IOWA FINANCE AUTHORITY. There is
24 49 appropriated from any interest or earnings on moneys
24 50 in the federal economic stimulus and jobs holding
25 1 account to the Iowa finance authority for deposit in
25 2 the wastewater treatment financial assistance fund
25 3 created in section 16.134, the following amount:
25 4 .................................................. $ 4,000,000
25 5 Sec. . RESOURCE CONSERVATION AND DEVELOPMENT
25 6 PROJECTS == DEPARTMENT OF NATURAL RESOURCES. There is
25 7 appropriated from any interest or earnings on moneys
25 8 in the federal economic stimulus and jobs holding
25 9 account to the department of natural resources for the
25 10 development of projects relating to natural
25 11 resource=based business opportunities, the following
25 12 amount:
25 13 .................................................. $ 300,000
25 14 Local resource conservation and development groups
25 15 sponsored by county governments or sponsored by soil
25 16 and water conservation districts shall be eligible to
25 17 receive funding on the condition that such groups
25 18 receive dollar=for=dollar funding.
25 19 DIVISION
25 20 UTILITIES BOARD AND CONSUMER ADVOCATE BUILDING PROJECT
25 21 Sec. . NEW SECTION. 12.91 UTILITIES BOARD AND
25 22 CONSUMER ADVOCATE BUILDING PROJECT.
25 23 1. For purposes of this section:
25 24 a. "Bonds" means bonds, notes, or other evidences
25 25 of indebtedness issued under this section.
25 26 b. "Chargeable expenses" means expenses charged by
25 27 the utilities board and the consumer advocate division
25 28 of the department of justice under section 476.10.
25 29 c. "Chargeable expenses fund" means the fund
25 30 created in the state treasury under this section.
25 31 d. "Project" means a building and related
25 32 improvements and furnishings authorized under section
25 33 476.10B.
25 34 2. The treasurer of state may issue bonds and do
25 35 all things necessary in order to finance the costs of
25 36 the project. The treasurer of state shall have all of
25 37 the powers which are necessary to issue and secure
25 38 bonds to provide the financing for the project. The
25 39 treasurer of state may issue bonds in principal
25 40 amounts which, in the opinion of the treasurer, are
25 41 necessary to provide sufficient funds for the costs of
25 42 the project, the payment of interest on the bonds, the
25 43 establishment of reserves to secure the bonds, the
25 44 costs of issuance of the bonds, other expenditures of
25 45 the treasurer of state incident to and necessary or
25 46 convenient to carry out the bond issue, and all other
25 47 expenditures of the utilities board and the department
25 48 of administrative services in connection with the
25 49 construction of the project. The bonds are investment
25 50 securities and negotiable instruments within the
26 1 meaning of and for purposes of the Iowa uniform
26 2 commercial code, chapter 554.
26 3 3. Bonds issued under this section are payable
26 4 solely and only out of the moneys, assets, or revenues
26 5 of the chargeable expenses fund and any bond reserve
26 6 funds established pursuant to this section, all of
26 7 which may be held by the treasurer of state or
26 8 deposited with trustees or depositories in accordance
26 9 with bond or security documents and pledged by the
26 10 treasurer of state to the payment thereof. Bonds
26 11 issued under this section shall contain a statement
26 12 that the bonds do not constitute an indebtedness of
26 13 the state. The treasurer of state shall not pledge
26 14 the credit or taxing power of this state or any
26 15 political subdivision of this state or make bonds
26 16 issued pursuant to this section payable out of any
26 17 moneys except those in the chargeable expenses fund
26 18 and any bond reserve funds established pursuant to
26 19 this section.
26 20 4. The proceeds of bonds issued by the treasurer
26 21 of state and not required for immediate disbursement
26 22 may be deposited with a trustee or depository as
26 23 provided in the bond documents and invested or
26 24 reinvested in any investment as directed by the
26 25 treasurer of state and specified in the trust
26 26 indenture, resolution, or other instrument pursuant to
26 27 which the bonds are issued without regard to any
26 28 limitation otherwise provided by law.
26 29 5. The bonds shall be:
26 30 a. In a form, issued in denominations, executed in
26 31 a manner, and payable over terms and with rights of
26 32 redemption, and be subject to such other terms and
26 33 conditions as prescribed in the trust indenture,
26 34 resolution, or other instrument authorizing their
26 35 issuance.
26 36 b. Negotiable instruments under the laws of the
26 37 state and may be sold at prices, at public or private
26 38 sale, and in a manner, as prescribed by the treasurer
26 39 of state. Chapters 73A, 74, 74A, and 75 do not apply
26 40 to the sale or issuance of the bonds.
26 41 c. Subject to the terms, conditions, and covenants
26 42 providing for the payment of the principal, redemption
26 43 premiums, if any, interest, and other terms,
26 44 conditions, covenants, and protective provisions
26 45 safeguarding payment, not inconsistent with this
26 46 section and as determined by the trust indenture,
26 47 resolution, or other instrument authorizing their
26 48 issuance.
26 49 6. The bonds are securities in which public
26 50 officers and bodies of this state; political
27 1 subdivisions of this state; insurance companies and
27 2 associations and other persons carrying on an
27 3 insurance business; banks, trust companies, savings
27 4 associations, savings and loan associations, and
27 5 investment companies; administrators, guardians,
27 6 executors, trustees, and other fiduciaries; and other
27 7 persons authorized to invest in bonds or other
27 8 obligations of the state, may properly and legally
27 9 invest funds, including capital, in their control or
27 10 belonging to them.
27 11 7. Bonds must be authorized by a trust indenture,
27 12 resolution, or other instrument of the treasurer of
27 13 state.
27 14 8. Neither the resolution, trust agreement, nor
27 15 any other instrument by which a pledge is created
27 16 needs to be recorded or filed under the Iowa uniform
27 17 commercial code, chapter 554, to be valid, binding, or
27 18 effective.
27 19 9. Bonds issued under the provisions of this
27 20 section are declared to be issued for a general public
27 21 and governmental purpose and all bonds issued under
27 22 this section shall be exempt from taxation by the
27 23 state of Iowa and the interest on the bonds shall be
27 24 exempt from the state income tax and the state
27 25 inheritance and estate tax.
27 26 10. Subject to the terms of any bond documents,
27 27 moneys in the chargeable expenses fund may be expended
27 28 for administration expenses of the treasurer of state
27 29 in connection with the bonds.
27 30 11. The treasurer of state may issue bonds for the
27 31 purpose of refunding any bonds issued pursuant to this
27 32 section then outstanding, including the payment of any
27 33 redemption premiums thereon and any interest accrued
27 34 or to accrue to the date of redemption of the
27 35 outstanding bonds. Until the proceeds of bonds issued
27 36 for the purpose of refunding outstanding bonds are
27 37 applied to the purchase or retirement of outstanding
27 38 bonds or the redemption of outstanding bonds, the
27 39 proceeds may be placed in escrow and be invested and
27 40 reinvested in accordance with the provisions of this
27 41 section. The interest, income, and profits earned or
27 42 realized on an investment may also be applied to the
27 43 payment of the outstanding bonds to be refunded by
27 44 purchase, retirement, or redemption. After the terms
27 45 of the escrow have been fully satisfied and carried
27 46 out, any balance of proceeds and interest earned or
27 47 realized on the investments may be returned to the
27 48 treasurer of state for deposit in the chargeable
27 49 expenses fund unless all bonds issued under the
27 50 provisions of this section have been retired in which
28 1 case the proceeds shall be deposited in the general
28 2 fund of the state. All refunding bonds shall be
28 3 issued and secured and subject to the provisions of
28 4 this chapter in the same manner and to the same extent
28 5 as other bonds issued pursuant to this section.
28 6 12. A chargeable expenses fund is created and
28 7 established as a separate and distinct fund in the
28 8 state treasury. The moneys in the fund are
28 9 appropriated for payment of the principal of, premium,
28 10 and interest on any bonds issued under this section.
28 11 Moneys in the fund shall not be subject to
28 12 appropriation for any other purpose by the general
28 13 assembly, but shall be used only for the purposes of
28 14 the chargeable expenses fund. The treasurer of state
28 15 shall act as custodian of the fund and disburse moneys
28 16 contained in the fund for payment of the principal of,
28 17 premium, and interest on any bonds issued under this
28 18 section. Notwithstanding section 476.10, there shall
28 19 in each fiscal year be deposited in the chargeable
28 20 expenses fund from amounts collected by the utilities
28 21 board as chargeable expenses an amount equal to the
28 22 principal of, premium, if any, and interest on any
28 23 bonds issued under this section to become due, whether
28 24 at maturity, by call for optional redemption or by
28 25 sinking fund redemption, in such fiscal year. The
28 26 treasurer of state is authorized to pledge any amounts
28 27 in the chargeable expenses fund as security for the
28 28 payment of the principal of, premium, and interest on
28 29 any bonds issued under this section. The treasurer of
28 30 state may provide in the trust indenture, resolution,
28 31 or other instrument authorizing the issuance of bonds
28 32 for the transfer to the general fund of the state of
28 33 any amounts on deposit in the chargeable expenses fund
28 34 that are not necessary for the payment of the
28 35 principal of, premium, and interest on any bonds
28 36 issued under this section.
28 37 13. Moneys in the chargeable expenses fund are not
28 38 subject to section 8.33. Notwithstanding section
28 39 12C.7, subsection 2, interest or earnings on moneys in
28 40 the fund shall be credited to the fund.
28 41 14. a. The treasurer of state may create and
28 42 establish one or more special funds, to be known as
28 43 "bond reserve funds", to secure one or more issues of
28 44 bonds issued pursuant to this section. The treasurer
28 45 of state shall pay into each bond reserve fund any
28 46 moneys appropriated and made available by the state or
28 47 the treasurer of state for the purpose of the fund,
28 48 any proceeds of sale of bonds to the extent provided
28 49 in the resolutions authorizing their issuance, and any
28 50 other moneys which may be available to the treasurer
29 1 of state for the purpose of the fund from any other
29 2 sources. All moneys held in a bond reserve fund,
29 3 except as otherwise provided in this chapter, shall be
29 4 used as required solely for the payment of the
29 5 principal of bonds secured in whole or in part by the
29 6 fund or of the sinking fund payments with respect to
29 7 the bonds, the purchase or redemption of the bonds,
29 8 the payment of interest on the bonds, or the payments
29 9 of any redemption premium required to be paid when the
29 10 bonds are redeemed prior to maturity.
29 11 b. Moneys in a bond reserve fund shall not be
29 12 withdrawn from it at any time in an amount that will
29 13 reduce the amount of the fund to less than the bond
29 14 reserve fund requirement established for the fund, as
29 15 provided in this subsection, except for the purpose of
29 16 making, with respect to bonds secured in whole or in
29 17 part by the fund, payment when due of principal,
29 18 interest, redemption premiums, and the sinking fund
29 19 payments with respect to the bonds for the payment of
29 20 which other moneys of the treasurer of state are not
29 21 available. Any income or interest earned by, or
29 22 incremental to, a bond reserve fund due to the
29 23 investment of it may be transferred by the treasurer
29 24 of state to other funds or accounts to the extent the
29 25 transfer does not reduce the amount of that bond
29 26 reserve fund below the bond reserve fund requirement
29 27 for that bond reserve fund. For the purposes of this
29 28 subsection, the term "bond reserve fund requirement"
29 29 means, as of any particular date of computation, an
29 30 amount of money, as provided in the resolutions
29 31 authorizing the bonds with respect to which the fund
29 32 is established.
29 33 c. The treasurer of state shall comply with the
29 34 provisions of section 476.10B in order to assure the
29 35 maintenance of any bond reserve funds established
29 36 under this section.
29 37 15. It is the intent of the general assembly that
29 38 a pledge made in respect of bonds issued under this
29 39 section shall be valid and binding from the time the
29 40 pledge is made, that the money or property so pledged
29 41 and received after the pledge by the treasurer of
29 42 state shall immediately be subject to the lien of the
29 43 pledge without physical delivery or further act, and
29 44 that the lien of the pledge shall be valid and binding
29 45 as against all parties having claims of any kind in
29 46 tort, contract, or otherwise against the treasurer of
29 47 state whether or not the parties have notice of the
29 48 lien.
29 49 16. Bonds issued pursuant to this section are not
29 50 debts of the state, or of any political subdivision of
30 1 the state, and do not constitute a pledge of the faith
30 2 and credit of the state or a charge against the
30 3 general credit or general fund of the state. The
30 4 issuance of any bonds pursuant to this section by the
30 5 treasurer of state does not directly, indirectly, or
30 6 contingently obligate the state or a political
30 7 subdivision of the state to apply moneys from, or to
30 8 levy or pledge any form of taxation whatever, to the
30 9 payment of the bonds. Bonds issued under this section
30 10 are payable solely and only from the sources and
30 11 special fund provided in this section.
30 12 17. This section, being necessary for the welfare
30 13 of this state and its inhabitants, shall be liberally
30 14 construed to effect its purposes.
30 15 Sec. . Section 422.7, Code Supplement 2005, is
30 16 amended by adding the following new subsection:
30 17 NEW SUBSECTION. 45. Subtract, to the extent
30 18 included, income from interest and earnings received
30 19 from the bonds issued under section 12.91.
30 20 Sec. . FISCAL YEAR 2005=2006 EXPENDITURE
30 21 AUTHORITY == BUILDING PROJECT. Notwithstanding
30 22 sections 8.33 and 476.10 or any other provision to the
30 23 contrary, any balance of the operational appropriation
30 24 for the utilities board for the fiscal year beginning
30 25 July 1, 2005, that remains unused, unencumbered, or
30 26 unobligated at the close of the fiscal year shall not
30 27 revert but shall remain available to be used for
30 28 purposes of the energy=efficient building project
30 29 authorized under section 476.10B, as enacted by this
30 30 division of this Act, or for relocation costs in
30 31 succeeding fiscal years.
30 32 Sec. . NEW SECTION. 476.10B ENERGY=EFFICIENT
30 33 BUILDING.
30 34 1. For the purposes of this section, "building
30 35 project expenses" means expenses that have been
30 36 approved by the utilities board for the building and
30 37 related improvements and furnishings developed under
30 38 this section and that are considered part of the
30 39 regulatory expenses charged by the utilities board and
30 40 the consumer advocate division of the department of
30 41 justice for carrying out duties under section 476.10.
30 42 2. The department of administrative services, in
30 43 consultation with the board and the consumer advocate
30 44 division of the department of justice, shall provide
30 45 for the construction of a building to house the board
30 46 and the division. A building developed under this
30 47 subsection shall be a model energy=efficient building
30 48 that may be used as a public example for similar
30 49 efforts. The building shall comply with the life
30 50 cycle cost provisions developed pursuant to section
31 1 72.5. The building shall be located on the capitol
31 2 complex grounds or at another convenient location in
31 3 the vicinity of the capitol complex grounds.
31 4 3. Building project expenses shall include but are
31 5 not limited to the costs associated with construction,
31 6 maintenance, and operation of the building that are
31 7 approved by the board and shall also include principal
31 8 of, premium, if any, and interest on indebtedness to
31 9 finance the building.
31 10 4. The department of administrative services'
31 11 costs associated with construction, maintenance, and
31 12 operation of the building as provided under chapter 8A
31 13 are building project expenses.
31 14 5. A cost=effective approach for financing
31 15 construction of the building shall be utilized, which
31 16 may include but is not limited to lease,
31 17 lease=purchase, bonding, or installment acquisition
31 18 arrangement, or a financing arrangement under section
31 19 12.28. If financing for the building is implemented
31 20 under section 12.28, the limitation on principal under
31 21 that section does not apply. This subsection is not a
31 22 qualification of any other powers which the board and
31 23 the division may possess and the authorizations and
31 24 powers granted under this subsection are not subject
31 25 to the terms, requirements, or limitations of any
31 26 other provisions of law. The department of
31 27 administrative services must comply with the
31 28 provisions of section 12.28 when entering into
31 29 financing agreements for the purchase of real or
31 30 personal property.
31 31 6. a. If financing for the building is
31 32 implemented through bonding, the provisions of section
31 33 12.91 shall apply. In order to assure maintenance of
31 34 the bond reserve funds established in connection with
31 35 the financing, the treasurer of state shall, on or
31 36 before January 1 of each calendar year, make and
31 37 deliver to the governor the treasurer's certificate
31 38 stating the sum, if any, required to restore each bond
31 39 reserve fund to the bond reserve fund requirement for
31 40 that fund.
31 41 b. Within thirty days after the beginning of the
31 42 session of the general assembly next following the
31 43 delivery of the certificate, the governor shall submit
31 44 to both houses of the general assembly printed copies
31 45 of a budget including the sum, if any, required to
31 46 restore each bond reserve fund to the bond reserve
31 47 fund requirement for that fund. Any sums appropriated
31 48 by the general assembly and paid to the treasurer of
31 49 state shall be deposited by the treasurer of state in
31 50 the applicable bond reserve fund.
32 1 7. The department of administrative services, in
32 2 consultation with the board and the division, shall
32 3 secure architectural services, contract for
32 4 construction, engineering, and construction oversight
32 5 and management, and control the funding associated
32 6 with the building construction and the building's
32 7 operation and maintenance. The department of
32 8 administrative services may utilize consultants or
32 9 other expert assistance to address feasibility,
32 10 planning, or other considerations connected with
32 11 construction of the building or decision making
32 12 regarding the building. The department of
32 13 administrative services, on behalf of the board and
32 14 division, shall consult with the office of the
32 15 governor, appropriate legislative bodies, and the
32 16 capitol planning commission.
32 17 Sec. . EFFECTIVE DATE. The section of this
32 18 division of this Act relating to the expenditure
32 19 authority of the utilities board for the fiscal year
32 20 beginning July 1, 2005, being deemed of immediate
32 21 importance, takes effect upon enactment.>
32 22 #83. Title page, line 6, by inserting after the
32 23 word <account,> the following: <the public transit
32 24 infrastructure grant fund, the Iowa great places
32 25 program fund,>.
32 26 #84. Title page, by striking line 7 and inserting
32 27 the following: <and providing immediate, retroactive,
32 28 and future effective dates.>
32 29 #85. By renumbering, relettering, or redesignating
32 30 and correcting internal references as necessary.
32 31
32 32
32 33
32 34 STEVEN H. WARNSTADT
32 35 STEVE KETTERING
32 36 HF 2782.726 81
32 37 rh/gg/5810
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