House Amendment 1675


PAG LIN




     1  1    Amend House File 822 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4                       <DIVISION I
     1  5            REBUILD IOWA INFRASTRUCTURE FUND
     1  6    Section 1.  There is appropriated from the rebuild
     1  7 Iowa infrastructure fund to the following departments
     1  8 and agencies for the fiscal year beginning July 1,
     1  9 2009, and ending June 30, 2010, the following amounts,
     1 10 or so much thereof as is necessary, to be used for the
     1 11 purposes designated:
     1 12    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
     1 13    a.  For distribution to other governmental entities
     1 14 for the payment of services related to the integrated
     1 15 information for Iowa system, notwithstanding section
     1 16 8.57, subsection 6, paragraph "c":
     1 17 .................................................. $  3,700,000
     1 18    Moneys appropriated in this lettered paragraph
     1 19 shall be separately accounted for in a distribution
     1 20 account and shall be distributed to other governmental
     1 21 entities based upon a formula established by the
     1 22 department to pay for services provided during the
     1 23 fiscal year to such other governmental entities by the
     1 24 department associated with the integrated information
     1 25 for Iowa system.
     1 26    During the fiscal year, the department may use up
     1 27 to $1,000,000 of unexpended or unobligated funds in
     1 28 the information technology operations fund established
     1 29 under the provisions of section 8A.123 to provide
     1 30 funding for costs associated with the integrated
     1 31 information for Iowa system.  By October 31, 2010, the
     1 32 department shall report to the department of
     1 33 management and the legislative services agency
     1 34 regarding any moneys that are used for this purpose.
     1 35    b.  For routine maintenance of state buildings and
     1 36 facilities, notwithstanding section 8.57, subsection
     1 37 6, paragraph "c":
     1 38 .................................................. $  3,000,000
     1 39    Of the amounts appropriated in this lettered
     1 40 paragraph, up to $1,000,000 may be used for demolition
     1 41 purposes.
     1 42    c.  For costs associated with improvements to and
     1 43 renovation of the Wallace building for extending the
     1 44 useful life of the building:
     1 45 .................................................. $  1,500,000
     1 46    d.  For upgrades to the electrical distribution
     1 47 system serving the capitol complex:
     1 48 .................................................. $    850,000
     1 49    e.  For costs associated with capitol interior and
     1 50 exterior restoration and for compliance with the
     2  1 federal Americans With Disabilities Act:
     2  2 .................................................. $  5,000,000
     2  3    f.  For heating, ventilating, and air conditioning
     2  4 improvements in the Hoover state office building:
     2  5 .................................................. $  1,500,000
     2  6    g.  For costs associated with the central energy
     2  7 plant addition and improvements:
     2  8 .................................................. $    623,000
     2  9    h.  For costs associated with Mercy capitol
     2 10 hospital building operations upon acquisition of the
     2 11 hospital, notwithstanding section 8.57, subsection 6,
     2 12 paragraph "c":
     2 13 .................................................. $    500,000
     2 14    i.  For costs associated with the restoration and
     2 15 renovation, including major repairs and major
     2 16 maintenance, at the governor's mansion at Terrace
     2 17 Hill:
     2 18 .................................................. $    769,543
     2 19    j.  For the state's share of support in conjunction
     2 20 with the city of Des Moines and local area businesses
     2 21 to provide a free shuttle service to the citizens of
     2 22 Iowa that includes transportation between the capitol
     2 23 complex and the downtown Des Moines area,
     2 24 notwithstanding section 8.57, subsection 6, paragraph
     2 25 "c":
     2 26 .................................................. $    188,000
     2 27    Details for the shuttle service, including the
     2 28 route to be served, shall be determined pursuant to an
     2 29 agreement to be entered into by the department with
     2 30 the Des Moines area regional transit authority (DART)
     2 31 and any other participating entities.
     2 32    Of the amount appropriated in this lettered
     2 33 paragraph, up to $50,000 shall be used to encourage
     2 34 state employees to utilize transit services provided
     2 35 by the Des Moines area regional transit authority.
     2 36    2.  DEPARTMENT OF CORRECTIONS
     2 37    For project management costs at Fort Madison and
     2 38 Mitchellville prison, associated with construction
     2 39 projects at the department, notwithstanding section
     2 40 8.57, subsection 6, paragraph "c":
     2 41 .................................................. $  1,750,000
     2 42    3.  DEPARTMENT OF CULTURAL AFFAIRS
     2 43    a.  For deposit into the Iowa great places program
     2 44 fund created in section 303.3D for Iowa great places
     2 45 program projects that meet the definition of the term
     2 46 "vertical infrastructure" in section 8.57, subsection
     2 47 6, paragraph "c":
     2 48 .................................................. $  1,900,000
     2 49    b.  For costs relating to a traveling exhibit and
     2 50 museum exhibit of the sesquicentennial of the American
     3  1 civil war including but not limited to restoration and
     3  2 duplication of muster records, publishing and
     3  3 publication costs, relocation of battle flag
     3  4 laboratory to a public viewing area including
     3  5 educational and program costs, notwithstanding section
     3  6 8.57, subsection 6, paragraph "c":
     3  7 .................................................. $    350,000
     3  8    c.  For grants for a cultural community grant
     3  9 program:
     3 10 .................................................. $    200,000
     3 11    The department shall establish a cultural community
     3 12 grant program to provide grants for a cultural and
     3 13 educational center to showcase an immigrant community
     3 14 from Laos and Vietnam and their cultures.  The
     3 15 department shall distribute the grants on a
     3 16 competitive basis to communities with an approved plan
     3 17 for the establishment of the cultural center.
     3 18 Applications must be submitted to the department no
     3 19 later than July 15, 2009.
     3 20    d.  For historical site preservation grants to be
     3 21 used for the restoration, preservation, and
     3 22 development of historic sites:
     3 23 .................................................. $  1,000,000
     3 24    In making grants pursuant to this lettered
     3 25 paragraph, the department shall consider the existence
     3 26 and amount of other funds available to an applicant
     3 27 for the designated project.  A grant awarded from
     3 28 moneys appropriated in this lettered paragraph shall
     3 29 not exceed $100,000 per project.  Not more than two
     3 30 grants may be awarded in the same county.
     3 31    4.  DEPARTMENT OF ECONOMIC DEVELOPMENT
     3 32    a.  For equal distribution to regional sports
     3 33 authority districts certified by the department
     3 34 pursuant to section 15E.3211, notwithstanding section
     3 35 8.57, subsection 6, paragraph "c":
     3 36 .................................................. $    500,000
     3 37    b.  For deposit into the workforce training and
     3 38 economic development funds for each community college
     3 39 in section 260C.18A, notwithstanding section 8.57,
     3 40 subsection 6, paragraph "c":
     3 41 .................................................. $  2,000,000
     3 42    Moneys from this lettered paragraph may be used to
     3 43 provide job training services to underserved
     3 44 populations in Iowa.  "Underserved populations"
     3 45 include people making less than twenty thousand
     3 46 dollars annual net income, minorities, women, disabled
     3 47 persons, the elderly, and people convicted of felonies
     3 48 trying to reenter society after release from prison.
     3 49    c.  For a city with a population between seven
     3 50 hundred fifty and eight hundred fifty within a county
     4  1 with a population of between six thousand seven
     4  2 hundred and six thousand eight hundred as determined
     4  3 by the 2000 certified federal census for demolition
     4  4 costs for a building asbestos abatement:
     4  5 .................................................. $     50,000
     4  6    d.  For costs associated with the hosting of a
     4  7 national junior summer olympics by a nonprofit sports
     4  8 organization, notwithstanding section 8.57, subsection
     4  9 6, paragraph "c":
     4 10 .................................................. $    200,000
     4 11    e.  For the renovation of a building for the
     4 12 relocation of a juvenile courthouse in a county with a
     4 13 population between thirty=nine thousand and forty=one
     4 14 thousand as determined by the 2000 certified federal
     4 15 census:
     4 16 .................................................. $    100,000
     4 17    f.  For fire station improvements in a city with a
     4 18 population between twenty=one thousand and
     4 19 twenty=three thousand as determined by the 2000
     4 20 certified federal census:
     4 21 .................................................. $    200,000
     4 22    g.  For a community center that hosts congregate
     4 23 meals in a city with a population between seven
     4 24 hundred forty=six and seven hundred fifty=six as
     4 25 determined by the 2000 certified federal census for
     4 26 compliance with the federal Americans With
     4 27 Disabilities Act:
     4 28 .................................................. $     10,000
     4 29    5.  DEPARTMENT OF EDUCATION
     4 30    To provide resources for structural and
     4 31 technological improvements to local libraries and for
     4 32 the enrich Iowa program, notwithstanding section 8.57,
     4 33 subsection 6, paragraph "c":
     4 34 .................................................. $  1,000,000
     4 35    Of the moneys appropriated in this subsection,
     4 36 $50,000 shall be allocated equally to each library
     4 37 service area.
     4 38    6.  DEPARTMENT OF HUMAN SERVICES
     4 39    For a mental health systems community development
     4 40 building safety improvements including electrical
     4 41 wiring and emergency systems in a city with a
     4 42 population between five thousand fifty and six
     4 43 thousand fifty as determined by the 2000 certified
     4 44 federal census:
     4 45 .................................................. $    200,000
     4 46    7.  DEPARTMENT OF NATURAL RESOURCES
     4 47    a.  For implementation of lake projects that have
     4 48 established watershed improvement initiatives and
     4 49 community support in accordance with the department's
     4 50 annual lake restoration plan and report,
     5  1 notwithstanding section 8.57, subsection 6, paragraph
     5  2 "c":
     5  3 .................................................. $ 12,800,000
     5  4    It is the intent of the general assembly that the
     5  5 department of natural resources shall implement the
     5  6 lake restoration annual report and plan submitted to
     5  7 the joint appropriations subcommittee on
     5  8 transportation, infrastructure, and capitals and the
     5  9 legislative services agency pursuant to section
     5 10 456A.33B.  The lake restoration projects that are
     5 11 recommended by the department to receive funding for
     5 12 fiscal year 2007=2008 and that satisfy the criteria in
     5 13 section 456A.33B, including local commitment of
     5 14 funding for the projects, shall be funded in the
     5 15 amounts provided in the report.
     5 16    b.  For floodplain management and dam safety,
     5 17 notwithstanding section 8.57, subsection 6, paragraph
     5 18 "c":
     5 19 .................................................. $  2,000,000
     5 20    Of the amounts appropriated in this lettered
     5 21 paragraph, up to $400,000 is authorized for stream
     5 22 gages to be used for tracking and predicting flood
     5 23 events and for compiling necessary data relating to
     5 24 flood frequency analysis.
     5 25    Of the number of full=time equivalent positions
     5 26 authorized to the department for FY 2009=2010 pursuant
     5 27 to 2009 Iowa Acts, Senate File 467, if enacted, up to
     5 28 21.00 full=time equivalent positions shall be
     5 29 allocated for the floodplain management and dam safety
     5 30 program.
     5 31    c.  For deposit in the loess hills development and
     5 32 conservation fund created in section 161D.2 for
     5 33 allocation to the fund's hungry canyons account for
     5 34 purposes of streambed erosion and degradation to the
     5 35 loess hills area, notwithstanding section 8.57,
     5 36 subsection 6, paragraph "c":
     5 37 .................................................. $    100,000
     5 38    d.  For the administration of a water trails and
     5 39 low head dam public hazard statewide plan, including
     5 40 salaries, support, maintenance, and miscellaneous
     5 41 purposes, notwithstanding section 8.57, subsection 6,
     5 42 paragraph "c":
     5 43 .................................................. $    800,000
     5 44    8.  DEPARTMENT OF PUBLIC DEFENSE
     5 45    a.  For major maintenance projects at national
     5 46 guard armories and facilities:
     5 47 .................................................. $  1,500,000
     5 48    b.  For construction and renovation costs at the
     5 49 Davenport aviation readiness center:
     5 50 .................................................. $  2,000,000
     6  1    c.  For construction and renovation costs at the
     6  2 Mt. Pleasant readiness center:
     6  3 .................................................. $  1,000,000
     6  4    9.  DEPARTMENT OF PUBLIC HEALTH
     6  5    For a grant to an existing national affiliated
     6  6 volunteer eye organization that has an established
     6  7 program for children and adults and that is solely
     6  8 dedicated to preserving sight and preventing blindness
     6  9 through education, nationally certified vision
     6 10 screening and training, community and patient service
     6 11 programs, notwithstanding section 8.57, subsection 6,
     6 12 paragraph "c":
     6 13 .................................................. $    130,000
     6 14    10.  STATE BOARD OF REGENTS
     6 15    a.  For phase II of the construction and renovation
     6 16 of the veterinary medical facilities at Iowa state
     6 17 university of science and technology, specifically the
     6 18 renovation and modernization of the area formerly
     6 19 occupied by the large animal area of the teaching
     6 20 hospital for expanded clinical services for a small
     6 21 animal hospital:
     6 22 .................................................. $  6,000,000
     6 23    b.  For the Iowa flood center, as established
     6 24 pursuant to section 466C.2, as enacted in this Act,
     6 25 including salaries, support, maintenance, and
     6 26 miscellaneous purposes, notwithstanding section 8.57,
     6 27 subsection 6, paragraph "c":
     6 28 .................................................. $  1,300,000
     6 29    11.  IOWA STATE FAIR
     6 30    For infrastructure improvements to the Iowa state
     6 31 fairgrounds including but not limited to the
     6 32 construction of an agricultural exhibition center on
     6 33 the Iowa state fairgrounds:
     6 34 .................................................. $  5,500,000
     6 35    12.  DEPARTMENT OF TRANSPORTATION
     6 36    a.  To provide funds for capital improvements and
     6 37 for related studies for expanding passenger rail
     6 38 services in Iowa, notwithstanding section 8.57,
     6 39 subsection 6, paragraph "c":
     6 40 .................................................. $  3,000,000
     6 41    b.  For acquiring, constructing, and improving
     6 42 recreational trails within the state:
     6 43 .................................................. $  3,500,000
     6 44    Moneys appropriated in this lettered paragraph may
     6 45 be used for purposes of building equestrian or
     6 46 snowmobile trails that run parallel to a recreational
     6 47 trail.  It is the intent of the general assembly to
     6 48 promote multiple uses for trails funding in this
     6 49 lettered paragraph and to maximize the number of trail
     6 50 users.
     7  1    Of the amounts appropriated in this lettered
     7  2 paragraph, $750,000 shall be allocated for the
     7  3 development of a riverwalk in a central Iowa city with
     7  4 a population between one hundred ninety=five thousand
     7  5 and two hundred thousand as determined by the 2000
     7  6 federal census and $500,000 shall be allocated for the
     7  7 construction and development of a trail bridge across
     7  8 a river located in northeastern Iowa that would link
     7  9 the east and west sides of the Pinicon ridge park.
     7 10    c.  For deposit into the railroad revolving loan
     7 11 and grant fund created in section 327H.20A,
     7 12 notwithstanding section 8.57, subsection 6, paragraph
     7 13 "c":
     7 14 .................................................. $  1,500,000
     7 15    d.  For infrastructure improvement grants at
     7 16 general aviation airports within the state:
     7 17 .................................................. $    750,000
     7 18    13.  TREASURER OF STATE
     7 19    a.  For county fair infrastructure improvements for
     7 20 distribution in accordance with chapter 174 to
     7 21 qualified fairs which belong to the association of
     7 22 Iowa fairs:
     7 23 .................................................. $  1,590,000
     7 24    b.  For deposit in the watershed improvement fund
     7 25 created in section 466A.2, notwithstanding section
     7 26 8.57, subsection 6, paragraph "c":
     7 27 .................................................. $  5,000,000
     7 28    14.  DEPARTMENT OF VETERANS AFFAIRS
     7 29    For transfer to the Iowa finance authority for the
     7 30 continuation of the home ownership assistance program
     7 31 for persons who are or were eligible members of the
     7 32 armed forces of the United States, pursuant to section
     7 33 16.54, notwithstanding section 8.57, subsection 6,
     7 34 paragraph "c":
     7 35 .................................................. $  1,600,000
     7 36    Of the funds transferred pursuant to this
     7 37 subsection, the Iowa finance authority may retain not
     7 38 more than $20,000 for administrative purposes.
     7 39    Sec. 2.  There is appropriated from the rebuild
     7 40 Iowa infrastructure fund to the following departments
     7 41 and agencies for the fiscal year beginning July 1,
     7 42 2010, and ending June 30, 2011, the following amounts,
     7 43 or so much thereof as is necessary, to be used for the
     7 44 purposes designated:
     7 45    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
     7 46    For projects related to major repairs and major
     7 47 maintenance for state buildings and facilities under
     7 48 the purview of the department:
     7 49 .................................................. $ 15,000,000
     7 50    2.  DEPARTMENT OF CORRECTIONS
     8  1    For expansion, including land acquisition, of the
     8  2 community=based corrections facility at Des Moines:
     8  3 .................................................. $  5,000,000
     8  4    The appropriation in this subsection is contingent
     8  5 upon relocation of the sex offender treatment program
     8  6 from the community=based corrections facility at Des
     8  7 Moines to the property in northeast Des Moines
     8  8 identified by the fifth judicial district in the
     8  9 facility and site study final report submitted
     8 10 December 12, 2008.
     8 11    3.  DEPARTMENT OF ECONOMIC DEVELOPMENT
     8 12    For costs associated with the renovation and
     8 13 expansion of phase II of a zoo project located in a
     8 14 city with a population of between one hundred ninety
     8 15 thousand and two hundred thousand as determined by the
     8 16 2000 certified federal census:
     8 17 .................................................. $    500,000
     8 18    4.  STATE BOARD OF REGENTS
     8 19    For phase II of the construction and renovation of
     8 20 the veterinary medical facilities at Iowa state
     8 21 university of science and technology, specifically the
     8 22 renovation and modernization of the area formerly
     8 23 occupied by the large animal area of the teaching
     8 24 hospital for expanded clinical services in a small
     8 25 animal hospital:
     8 26 .................................................. $ 22,000,000
     8 27    5.  IOWA STATE FAIR
     8 28    For infrastructure improvements to the Iowa state
     8 29 fairgrounds including but not limited to the
     8 30 construction of an agricultural exhibition center on
     8 31 the Iowa state fairgrounds:
     8 32 .................................................. $  2,500,000
     8 33    6.  DEPARTMENT OF TRANSPORTATION
     8 34    For deposit into the railroad revolving loan and
     8 35 grant fund created in section 327H.20A,
     8 36 notwithstanding section 8.57, subsection 6, paragraph
     8 37 "c":
     8 38 .................................................. $  2,000,000
     8 39    Sec. 3.  There is appropriated from the rebuild
     8 40 Iowa infrastructure fund to the department of
     8 41 transportation for the fiscal year beginning July 1,
     8 42 2011, and ending June 30, 2012, the following amounts,
     8 43 or so much thereof as is necessary, to be used for the
     8 44 purposes designated:
     8 45    For deposit into the railroad revolving loan and
     8 46 grant fund created in section 327H.20A,
     8 47 notwithstanding section 8.57, subsection 6, paragraph
     8 48 "c":
     8 49 .................................................. $  2,000,000
     8 50    Sec. 4.  REVERSION.  For purposes of section 8.33,
     9  1 unless specifically provided otherwise, unencumbered
     9  2 or unobligated moneys made from an appropriation in
     9  3 this division of this Act shall not revert but shall
     9  4 remain available for expenditure for the purposes
     9  5 designated until the close of the fiscal year that
     9  6 ends three years after the end of the fiscal year for
     9  7 which the appropriation was made.  However, if the
     9  8 project or projects for which such appropriation was
     9  9 made are completed in an earlier fiscal year,
     9 10 unencumbered or unobligated moneys shall revert at the
     9 11 close of that same fiscal year.
     9 12                       DIVISION II
     9 13        REBUILD IOWA INFRASTRUCTURE FUND == GROW
     9 14                    IOWA VALUES FUND
     9 15    Notwithstanding the amount of the standing
     9 16 appropriation from the rebuild Iowa infrastructure
     9 17 fund as provided in section 15G.110, subsection 2,
     9 18 there is appropriated from the rebuild Iowa
     9 19 infrastructure fund to the department of economic
     9 20 development for deposit into the grow Iowa values
     9 21 fund, in lieu of the appropriation made in section
     9 22 15G.110, subsection 2, for the fiscal year beginning
     9 23 July 1, 2009, and ending June 30, 2010, the following
     9 24 amount, notwithstanding section 8.57, subsection 6,
     9 25 paragraph "c":
     9 26 .................................................. $ 45,000,000
     9 27
     9 28                      DIVISION III
     9 29              TECHNOLOGY REINVESTMENT FUND
     9 30    Sec. 5.  There is appropriated from the technology
     9 31 reinvestment fund created in section 8.57C to the
     9 32 following departments and agencies for the fiscal year
     9 33 beginning July 1, 2009, and ending June 30, 2010, the
     9 34 following amounts, or so much thereof as is necessary,
     9 35 to be used for the purposes designated:
     9 36    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
     9 37    For technology improvement projects:
     9 38 .................................................. $  2,037,184
     9 39    2.  DEPARTMENT OF CORRECTIONS
     9 40    For costs associated with the Iowa corrections
     9 41 offender network data system:
     9 42 .................................................. $    500,000
     9 43    3.  DEPARTMENT OF EDUCATION
     9 44    a.  For maintenance and lease costs associated with
     9 45 connections for Part III of the Iowa communications
     9 46 network:
     9 47 .................................................. $  2,727,000
     9 48    b.  For the implementation of an educational data
     9 49 warehouse that will be utilized by teachers, parents,
     9 50 school district administrators, area education agency
    10  1 staff, department of education staff, and
    10  2 policymakers:
    10  3 .................................................. $    600,000
    10  4    The department may use a portion of the moneys
    10  5 appropriated in this lettered paragraph for an
    10  6 etranscript data system capable of tracking students
    10  7 throughout their education via interconnectivity with
    10  8 multiple schools.
    10  9    4.  DEPARTMENT OF HUMAN RIGHTS
    10 10    For costs associated with the justice enterprise
    10 11 data warehouse:
    10 12 .................................................. $    361,072
    10 13    5.  IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD
    10 14    For technological improvements for the board's
    10 15 electronic filing system including an online
    10 16 searchable database:
    10 17 .................................................. $     15,000
    10 18    6.  IOWA LAW ENFORCEMENT ACADEMY
    10 19    For technology upgrades for the development of
    10 20 computer online testing and training and for a
    10 21 firearms training simulator:
    10 22 .................................................. $    185,000
    10 23    7.  IOWA TELECOMMUNICATIONS AND TECHNOLOGY
    10 24 COMMISSION
    10 25    a.  For replacement of equipment for the Iowa
    10 26 communications network:
    10 27 .................................................. $  2,211,863
    10 28    The commission may continue to enter into contracts
    10 29 pursuant to section 8D.13 for the replacement of
    10 30 equipment and for operations and maintenance costs of
    10 31 the network.
    10 32    In addition to moneys appropriated in this lettered
    10 33 paragraph, the commission may use a financing
    10 34 agreement entered into by the treasurer of state in
    10 35 accordance with section 12.28 for the replacement of
    10 36 equipment for the network.  For purposes of this
    10 37 lettered paragraph, the treasurer of state is not
    10 38 subject to the maximum principal limitation contained
    10 39 in section 12.28, subsection 6.  Repayment of any
    10 40 amounts financed shall be made from receipts
    10 41 associated with fees charged for use of the network.
    10 42    b.  For generator replacement:
    10 43 .................................................. $  2,755,246
    10 44    c.  For continued additions to network redundancy
    10 45 for continuity of operations for the capitol complex:
    10 46 .................................................. $  2,320,000
    10 47    8.  DEPARTMENT OF PUBLIC DEFENSE
    10 48    For the homeland security and emergency management
    10 49 division for grants to support 211 nonprofit call
    10 50 centers providing human resources information to
    11  1 citizens of this state:
    11  2 .................................................. $    250,000
    11  3    The division shall award moneys appropriated
    11  4 pursuant to this section to support the statewide
    11  5 improvement of a free and confidential telephone
    11  6 hotline available twenty=four hours a day, seven days
    11  7 a week, that provides information or refers callers to
    11  8 appropriate private or government entities that
    11  9 provide assistance relating to families, housing,
    11 10 food, health, legal advice, child and senior services,
    11 11 or volunteer opportunities.
    11 12    9.  DEPARTMENT OF PUBLIC SAFETY
    11 13    For continuation of payments on the lease=purchase
    11 14 of the automated fingerprint identification system:
    11 15 .................................................. $    350,000
    11 16    Sec. 6.  REVERSION.  For purposes of section 8.33,
    11 17 unless specifically provided otherwise, unencumbered
    11 18 or unobligated moneys made from an appropriation in
    11 19 this division of this Act shall not revert but shall
    11 20 remain available for expenditure for the purposes
    11 21 designated until the close of the fiscal year that
    11 22 ends three years after the end of the fiscal year for
    11 23 which the appropriation was made.  However, if the
    11 24 project or projects for which such appropriation was
    11 25 made are completed in an earlier fiscal year,
    11 26 unencumbered or unobligated moneys shall revert at the
    11 27 close of that same fiscal year.
    11 28                       DIVISION IV
    11 29           TAX=EXEMPT BOND PROCEEDS RESTRICTED
    11 30                  CAPITAL FUNDS ACCOUNT
    11 31    Sec. 7.  There is appropriated from the tax=exempt
    11 32 bond proceeds restricted capital funds account of the
    11 33 tobacco settlement trust fund to the department of
    11 34 administrative services for the fiscal year beginning
    11 35 July 1, 2009, and ending June 30, 2010, the following
    11 36 amount, or so much thereof as is necessary, to be used
    11 37 for the purposes designated:
    11 38    For projects related to major repairs and major
    11 39 maintenance for state buildings and facilities under
    11 40 the purview of the department:
    11 41 .................................................. $    195,484
    11 42    Sec. 8.  TAX=EXEMPT STATUS == USE OF
    11 43 APPROPRIATIONS.  Payment of moneys from the
    11 44 appropriations in this division of this Act shall be
    11 45 made in a manner that does not adversely affect the
    11 46 tax=exempt status of any outstanding bonds issued by
    11 47 the tobacco settlement authority.
    11 48                       DIVISION V
    11 49                        TRANSFERS
    11 50    Sec. 9.  ENDOWMENT FOR IOWA'S HEALTH RESTRICTED
    12  1 CAPITALS FUND AND TAX=EXEMPT BOND PROCEEDS RESTRICTED
    12  2 CAPITALS FUND == TRANSFERS.  Notwithstanding any
    12  3 provision of law to the contrary, the unencumbered or
    12  4 unobligated balances of the endowment for Iowa's
    12  5 health restricted capitals fund at the close of the
    12  6 fiscal year beginning July 1, 2009, and the tax=exempt
    12  7 bond proceeds restricted capitals fund at the close of
    12  8 the fiscal year beginning July 1, 2009, or the close
    12  9 of any succeeding fiscal year, shall be transferred to
    12 10 the department of administrative services for projects
    12 11 related to major repairs and major maintenance for
    12 12 state buildings and facilities under the purview of
    12 13 the department.  Upon receipt of a transfer, the
    12 14 department of administrative services shall report to
    12 15 the legislative services agency and to the department
    12 16 of management the amount transferred in conjunction
    12 17 with the department's report filed pursuant to section
    12 18 8.57, subsection 6, paragraph "h".
    12 19                       DIVISION VI
    12 20                      SUBCHAPTER I
    12 21    ALTERNATIVE PUBLIC PROJECT DELIVERY PILOT PROGRAM
    12 22    Sec. 10.  NEW SECTION.  26A.1  DEFINITIONS.
    12 23    As used in this chapter, unless the context clearly
    12 24 indicates otherwise:
    12 25    1.  "Alternative project delivery" means procuring
    12 26 and delivering design and construction services for a
    12 27 public project according to the selection procedure
    12 28 outlined in subchapter II.
    12 29    2.  "Construction documents" means the drawings,
    12 30 specifications, technical submissions, and other
    12 31 documents upon which a construction project is based.
    12 32    3.  "Construction services" means the process of
    12 33 planning, building, equipping, altering, repairing,
    12 34 improving, or demolishing any structure or
    12 35 appurtenance thereto, including facilities, utilities,
    12 36 or other improvements to real property, but excluding
    12 37 highways, roads, bridges, dams, or stand=alone parking
    12 38 lots.
    12 39    4.  "Criteria consultant" means an individual
    12 40 employed or retained by the governmental entity to
    12 41 assist in the preparation of a request for
    12 42 qualifications and a request for proposals.  A
    12 43 criteria consultant shall have professional licensure
    12 44 or significant professional experience in a field
    12 45 related to the proposed public project.  If the design
    12 46 criteria package for a public project includes the
    12 47 practice of architecture under chapter 544A, the
    12 48 practice of engineering under chapter 542B, or the
    12 49 practice of landscape architecture under chapter 544B,
    12 50 the criteria consultant shall be a design
    13  1 professional.
    13  2    5.  "Design professional" means an individual who
    13  3 is licensed to practice architecture, engineering, or
    13  4 landscape architecture in this state.
    13  5    6.  "Design=build services" means a method of
    13  6 alternative project delivery for which both design and
    13  7 construction services are provided under one contract.
    13  8 "Design=build services" may include architecture,
    13  9 engineering, and related design services required for
    13 10 a given project and the labor, materials, and other
    13 11 construction services for the project.
    13 12    7.  "Design=builder" means an individual,
    13 13 partnership, joint venture, corporation, or other
    13 14 legal entity that furnishes design=build services,
    13 15 whether by itself or through subcontracts.
    13 16    8.  "Estimated total cost" means the estimated
    13 17 total cost to a governmental entity to construct a
    13 18 public project, including the cost of labor,
    13 19 materials, equipment, supplies, and fees.
    13 20    9.  "Governmental entity" means the department of
    13 21 administrative services or an institution under the
    13 22 control of the state board of regents.
    13 23    10.  "Preconstruction services" means a series of
    13 24 services including but not limited to scheduling,
    13 25 review of design, estimating, cost control, value
    13 26 engineering, constructability evaluation, and
    13 27 preparation and coordination of bid packages.
    13 28    11.  "Public project" means a project under the
    13 29 control of a governmental entity with an estimated
    13 30 total cost in excess of ten million dollars that is
    13 31 paid for in whole or in part with funds of the
    13 32 governmental entity, including a building or
    13 33 improvement constructed or operated jointly with any
    13 34 other public or private agency.  A "public project"
    13 35 may include planning, acquiring, designing, building,
    13 36 equipping, altering, repairing, improving, or
    13 37 demolishing any structure or appurtenance thereto,
    13 38 including facilities, utilities, or other improvements
    13 39 to any real property owned by or under the control of
    13 40 the governmental entity, but excluding highways,
    13 41 roads, bridges, dams, or stand=alone parking lots.
    13 42 However, a parking lot included as part of the site
    13 43 work of a public project may be included as part of a
    13 44 design=build services contract.  Parking ramps and
    13 45 parking garages are not considered to be parking lots
    13 46 and may be a "public project" constructed utilizing
    13 47 alternative project delivery methods.
    13 48    12.  "Selection plan" means a written procedure
    13 49 adopted by a governmental entity that establishes the
    13 50 evaluation criteria for submissions in response to the
    14  1 request for qualifications and the request for
    14  2 proposals and specifies criteria and scoring
    14  3 methodology relating to the selection of a
    14  4 design=builder for a public project.
    14  5    13.  "Total contract cost" means the guaranteed
    14  6 maximum cost or the lump sum total cost of the public
    14  7 project as defined in the public project contract
    14  8 between the governmental entity and the
    14  9 design=builder.
    14 10    Sec. 11.  NEW SECTION.  26A.2  ALTERNATIVE PROJECT
    14 11 DELIVERY COMMISSION.
    14 12    1.  An alternative project delivery commission is
    14 13 established consisting of seven members.
    14 14    2.  Members of the commission shall consist of all
    14 15 of the following:
    14 16    a.  One member appointed by the state board of
    14 17 regents.
    14 18    b.  One member appointed by the director of the
    14 19 department of administrative services.
    14 20    c.  One member appointed by the Iowa chapter of the
    14 21 American institute of architects.
    14 22    d.  One member appointed by the American council of
    14 23 engineering companies of Iowa.
    14 24    e.  One member appointed by the Iowa chapter of the
    14 25 design=build institute of America.
    14 26    f.  One member appointed by the master builders of
    14 27 Iowa.
    14 28    g.  One member appointed by the mechanical
    14 29 contractors association of Iowa.
    14 30    3.  Each member of the commission shall serve until
    14 31 January 15, 2012, or until the member resigns.  A
    14 32 vacancy on the commission shall be filled in the same
    14 33 manner as the original appointment.  The appointment
    14 34 of members is subject to the requirements of sections
    14 35 69.16 and 69.16A.
    14 36    4.  The member appointed by the state board of
    14 37 regents shall serve as the chairperson of the
    14 38 commission.
    14 39    5.  Meetings of the commission may be called by the
    14 40 chairperson or by a majority of the members.
    14 41    6.  A majority of the members of the commission
    14 42 constitutes a quorum.  Any action taken by the
    14 43 commission must be adopted by the affirmative vote of
    14 44 a majority of its membership.
    14 45    7.  A member shall not vote on a matter before the
    14 46 commission if the individual has a pecuniary,
    14 47 equitable, or other interest in the matter or
    14 48 conditions exist that would interfere with the
    14 49 member's ability to properly discharge the member's
    14 50 duties.
    15  1    8.  The duties of the commission shall include all
    15  2 of the following:
    15  3    a.  Administer the alternative project delivery
    15  4 pilot program created under section 26A.3.
    15  5    b.  Prepare and file with the governor and the
    15  6 general assembly on or before January 15, 2012, a
    15  7 report detailing the activities of the commission and
    15  8 summarizing each public project selected for inclusion
    15  9 in the alternative project delivery pilot program,
    15 10 including information related to the cost to the
    15 11 governmental entity, the duration of the public
    15 12 project, whether the goals of the public project were
    15 13 met, the quality of the work and services performed in
    15 14 completing the public project, the transparency of the
    15 15 alternative project delivery process, the impact of
    15 16 the alternative project delivery process on the
    15 17 persons contracted with to perform the work and
    15 18 services for a public project, and any other
    15 19 information the commission deems relevant.
    15 20    c.  Adopt policies and procedures to carry out any
    15 21 duty specified in this chapter.
    15 22    Sec. 12.  NEW SECTION.  26A.3  ALTERNATIVE PROJECT
    15 23 DELIVERY PILOT PROGRAM.
    15 24    1.  The alternative project delivery commission
    15 25 shall administer an alternative project delivery pilot
    15 26 program consistent with the requirements of this
    15 27 chapter.  The purpose of the pilot program is to
    15 28 determine whether alternative project delivery methods
    15 29 are financially beneficial and efficient for
    15 30 governmental entities in undertaking public projects.
    15 31    2.  The pilot program shall consist of public
    15 32 projects selected by the commission and undertaken by
    15 33 governmental entities using the alternative project
    15 34 delivery method authorized under subchapter II.  The
    15 35 selection of public projects for inclusion in the
    15 36 pilot program shall be completed no later than
    15 37 November 1, 2010.
    15 38    3.  A governmental entity that is interested in
    15 39 undertaking a public project using alternative project
    15 40 delivery methods shall submit an application to the
    15 41 commission detailing the nature of the project.  Each
    15 42 application shall be on a form prescribed by the
    15 43 commission and may include additional materials
    15 44 requested by the commission.
    15 45    4.  The commission shall review each application
    15 46 and shall select those public projects for inclusion
    15 47 in the pilot program which are best suited to
    15 48 accomplish the purposes of the pilot program.  In
    15 49 selecting public projects for inclusion in the pilot
    15 50 program the commission shall consider all of the
    16  1 following:
    16  2    a.  The likelihood that the public project will
    16  3 provide a cost savings to the governmental entity as
    16  4 compared to the use of competitive bid procedures
    16  5 under other provisions of law.
    16  6    b.  Whether the use of design=build services,
    16  7 including the simultaneous completion of design and
    16  8 construction phases of the public project, meets the
    16  9 needs of the governmental entity.
    16 10    c.  Whether the public project requires the use of
    16 11 an accelerated design and construction schedule as a
    16 12 result of an emergency situation.
    16 13    d.  Whether the public project presents
    16 14 complexities that would best be addressed through the
    16 15 use of an integrated team under the direction of a
    16 16 design=builder.
    16 17    e.  Whether the use of an alternative project
    16 18 delivery method would diminish competition for the
    16 19 public project.
    16 20    5.  The commission shall monitor the selection
    16 21 process for each public project selected for inclusion
    16 22 in the pilot program and may require the governmental
    16 23 entity to provide periodic updates on the public
    16 24 project following selection of a design=builder for
    16 25 the public project.
    16 26    6.  Notwithstanding any other provision of law to
    16 27 the contrary, a governmental entity may utilize the
    16 28 alternative project delivery procedures under this
    16 29 chapter to procure design=build services related to
    16 30 the completion of a public project.
    16 31    Sec. 13.  NEW SECTION.  26A.4  PUBLIC NOTICE.
    16 32    A governmental entity utilizing the alternative
    16 33 project delivery method under subchapter II shall
    16 34 publish public notices as follows:
    16 35    1.  The notice shall be published at least once,
    16 36 not less than fifteen and not more than forty=five
    16 37 days before the date for filing submissions, if
    16 38 applicable, in a newspaper published at least once
    16 39 weekly and having general circulation in the
    16 40 geographic area served by the governmental entity and
    16 41 in a relevant trade publication.
    16 42    2.  The notice may also be published in a relevant
    16 43 contractor organization publication and a relevant
    16 44 contractor plan room service with statewide
    16 45 circulation, provided that a notice is posted on an
    16 46 internet site sponsored by either the governmental
    16 47 entity or a statewide association that represents the
    16 48 governmental entity.
    16 49    Sec. 14.  NEW SECTION.  26A.5  PUBLIC RECORDS.
    16 50    Each proposal received by a governmental entity
    17  1 under this chapter, together with the name of the
    17  2 proposer, after award or letting of the contract, is
    17  3 subject to public inspection upon request.  The
    17  4 governmental entity shall, within five days after
    17  5 award or letting of the contract, publish notice of
    17  6 the name of the successful proposer including the
    17  7 proposer's scores received pursuant to the selection
    17  8 process under subchapter II.  In addition, such notice
    17  9 shall include the names of all proposers whose
    17 10 proposals were not selected, together with each
    17 11 proposer's scores.
    17 12    Sec. 15.  NEW SECTION.  26A.6  PROHIBITION ON
    17 13 PROVIDING FINANCING.
    17 14    The design=builder executing the construction or
    17 15 design of a public project utilizing an alternative
    17 16 project delivery method under subchapter II shall not
    17 17 provide any financing, funding, or facility operations
    17 18 for the public project.
    17 19                      SUBCHAPTER II
    17 20              DESIGN=BUILD PROJECT DELIVERY
    17 21                  BEST VALUE SELECTION
    17 22    Sec. 16.  NEW SECTION.  26A.11  APPLICATION TO THE
    17 23 COMMISSION.
    17 24    1.  When in the judgment of the governing body of a
    17 25 governmental entity it is desirable to use
    17 26 design=build services pursuant to a best value
    17 27 selection process for the completion of a public
    17 28 project, the governmental entity shall prepare a
    17 29 selection plan and submit an application to the
    17 30 alternative project delivery commission pursuant to
    17 31 section 26A.3, subsection 3.  If the public project is
    17 32 selected by the alternative project delivery
    17 33 commission for inclusion in the pilot program, the
    17 34 governmental entity shall select a design=builder in
    17 35 accordance with the procedures of this subchapter.
    17 36    2.  A criteria consultant shall be employed or
    17 37 retained to assist the governmental entity in
    17 38 preparing a request for qualifications and a request
    17 39 for proposals.  The criteria consultant may be an
    17 40 employee of the governmental entity or an individual
    17 41 retained specifically to assist the governmental
    17 42 entity with the public project.  The request for
    17 43 qualifications and the request for proposals shall
    17 44 specify the selection criteria and scoring methodology
    17 45 included in the selection plan.  The criteria
    17 46 consultant shall also assist the governmental entity
    17 47 in selecting a design=builder.  A criteria consultant
    17 48 employed or retained by the governmental entity shall
    17 49 not submit a statement of qualifications or a proposal
    17 50 for the public project.
    18  1    Sec. 17.  NEW SECTION.  26A.12  BEST VALUE
    18  2 SELECTION PROCESS == GENERAL PROCEDURE.
    18  3    The governmental entity shall select a
    18  4 design=builder for a public project pursuant to a
    18  5 two=phase selection process.
    18  6    1.  Phase I of the selection process includes
    18  7 publication of a request for qualifications by the
    18  8 governmental entity, review of the statements of
    18  9 qualifications, and the selection of a minimum of two
    18 10 but not more than five design=builders to advance to
    18 11 phase II.
    18 12    2.  Phase II includes a request for proposals, the
    18 13 receipt of proposals from those design=builders
    18 14 selected during phase I, including a separate cost and
    18 15 schedule proposal, an interview with each
    18 16 design=builder that submits a proposal, evaluation of
    18 17 each proposal, and selection of a design=builder for
    18 18 the public project.
    18 19    Sec. 18.  NEW SECTION.  26A.13  PHASE I == REQUEST
    18 20 FOR QUALIFICATIONS, STATEMENT, EVALUATION, AND
    18 21 SELECTION.
    18 22    1.  During phase I, the governmental entity shall
    18 23 publish notice of a request for qualifications
    18 24 pursuant to the requirements of section 26A.4.  The
    18 25 governmental entity shall specify in the request for
    18 26 qualifications a time, place, and other specific
    18 27 instructions for the submission of the statements of
    18 28 qualifications, the amount of the stipend required to
    18 29 be paid by the governmental entity under section
    18 30 26A.14, subsection 9, and may include any terms of
    18 31 contract.  A statement of qualifications not submitted
    18 32 according to the instructions shall be rejected and
    18 33 returned to the design=builder.
    18 34    2.  Each design=builder shall submit a statement of
    18 35 qualifications that includes but is not limited to the
    18 36 following information:
    18 37    a.  Similar project experience, including
    18 38 experience in the design=build method of alternative
    18 39 project delivery.
    18 40    b.  Qualifications of proposed project personnel.
    18 41    c.  References from similar projects.
    18 42    d.  The design=builder's experience modification
    18 43 rating and a description of the design=builder's
    18 44 safety plan.
    18 45    e.  Bonding capacity and insurance.
    18 46 Design=builders submitting a statement of
    18 47 qualifications shall be capable of providing a bond
    18 48 according to the requirements of chapter 573, shall
    18 49 include evidence of such bonding capacity, and shall
    18 50 include evidence of all required insurance with their
    19  1 statement of qualifications.  If a design=builder
    19  2 fails to include evidence of bonding capacity or
    19  3 required insurance, the design=builder shall be deemed
    19  4 unqualified for selection under phase I.
    19  5    f.  Other information requested by the governmental
    19  6 entity in accordance with the selection plan.
    19  7    3.  The governmental entity shall evaluate and
    19  8 score each statement of qualifications received
    19  9 according to the predetermined selection criteria and
    19 10 scoring methodology that were specified in the request
    19 11 for qualifications.  The cost or fees associated with
    19 12 a public project shall not be considered by the
    19 13 governmental entity when evaluating a statement of
    19 14 qualifications.
    19 15    4.  The governmental entity shall select a minimum
    19 16 of two and a maximum of five design=builders who have
    19 17 the highest scores to proceed to phase II.  Scores
    19 18 assigned during phase I shall not carry forward to
    19 19 phase II.  The governmental entity shall have
    19 20 discretion to disqualify any design=builder that lacks
    19 21 the minimum qualifications required to perform the
    19 22 design=build services for the public project.  If two
    19 23 qualified design=builders cannot be identified, the
    19 24 selection process shall cease.  If all design=builders
    19 25 are rejected, the governmental entity may solicit new
    19 26 proposals using different design and budget criteria.
    19 27    Sec. 19.  NEW SECTION.  26A.14  PHASE II == REQUEST
    19 28 FOR PROPOSALS, PROPOSAL REVIEW, SELECTION, AND
    19 29 NEGOTIATION.
    19 30    1.  During phase II, each design=builder selected
    19 31 during phase I shall be given a request for proposals.
    19 32 The request for proposals shall include but is not
    19 33 limited to the following information:
    19 34    a.  The procedures to be followed in submitting
    19 35 proposals and information relating to design=builder
    19 36 interviews under subsection 5.
    19 37    b.  The selection criteria and scoring methodology
    19 38 for the proposals.
    19 39    c.  Information related to the requirements,
    19 40 specifications, budget, and schedule for the public
    19 41 project, including the specifications of the design
    19 42 criteria package and the requirements and
    19 43 specifications for design services, preconstruction
    19 44 services, and construction services.  The request for
    19 45 proposals shall also specify any requirements for a
    19 46 design professional who is employed by the
    19 47 design=builder to assist in designing the public
    19 48 project, including but not limited to requirements
    19 49 relating to communication between the design
    19 50 professional, the design=builder, and the governmental
    20  1 entity, the amount of authority the design
    20  2 professional has over the design of the public
    20  3 project, and the responsibility of the design
    20  4 professional to act in the best interest of the
    20  5 governmental entity.
    20  6    d.  The proposed terms and conditions for the
    20  7 public project contract.
    20  8    e.  The requirements for the submission of a
    20  9 separate cost and schedule proposal.
    20 10    f.  Other information requested by the governmental
    20 11 entity in accordance with the selection plan.
    20 12    2.  Each design=builder selected during phase I may
    20 13 submit a proposal to the governmental entity.  Each
    20 14 proposal submitted under this section shall not
    20 15 contain references to costs associated with work
    20 16 contained in the proposal.  The governmental entity
    20 17 shall evaluate and score each proposal according to
    20 18 the selection criteria and scoring methodology
    20 19 specified in the request for proposals.
    20 20    3.  Each design=builder selected during phase I
    20 21 shall also provide the governmental entity with a
    20 22 separate cost and schedule proposal.  A proposal
    20 23 submitted under subsection 2 and the cost and schedule
    20 24 proposal may be submitted sequentially or
    20 25 concurrently, according to the requirements of the
    20 26 request for proposals.  Failure to submit a cost and
    20 27 schedule proposal according to the delivery
    20 28 requirements of the request for proposals shall be
    20 29 grounds to reject the proposal.
    20 30    4.  The cost and schedule proposal shall include
    20 31 all of the following:
    20 32    a.  A total contract cost for the public project.
    20 33    b.  A bid security pursuant to chapter 573.
    20 34    c.  A proposed contract time, in calendar days, for
    20 35 completing the public project.
    20 36    d.  Any other information required by the request
    20 37 for proposals.
    20 38    5.  After the deadline for submission of proposals
    20 39 has passed, the governmental entity shall interview
    20 40 each design=builder that has submitted a proposal
    20 41 individually, allowing each design=builder to present
    20 42 the design=builder's proposed team members,
    20 43 qualifications, and proposal, and to answer questions
    20 44 from the governmental entity.
    20 45    6.  The cost and schedule proposals submitted under
    20 46 subsection 3 shall be opened only after all proposals
    20 47 submitted under subsection 2 have been evaluated and
    20 48 scored and after completion of all design=builder
    20 49 interviews under subsection 5.  At the time that the
    20 50 cost and schedule proposals are opened, the
    21  1 governmental entity shall make public its scoring of
    21  2 the proposals submitted under subsection 2.  Cost and
    21  3 schedule proposals shall be evaluated and scored
    21  4 according to selection criteria and scoring
    21  5 methodology specified in the request for proposals.
    21  6    7.  The governmental entity shall select the
    21  7 design=builder receiving the highest score based on
    21  8 the selection criteria and scoring methodology
    21  9 specified in the request for proposals.  The
    21 10 governmental entity shall proceed to negotiate with
    21 11 and attempt to enter into a contract with the selected
    21 12 design=builder to serve as the design=builder for the
    21 13 public project.  If the governmental entity is unable
    21 14 to negotiate a satisfactory contract with the selected
    21 15 design=builder, negotiations with that design=builder
    21 16 shall be terminated, and the governmental entity shall
    21 17 undertake negotiations with the design=builder
    21 18 receiving the second highest score.  If negotiations
    21 19 cannot be successfully completed with the
    21 20 design=builder receiving the second highest score, the
    21 21 contract shall not be awarded.
    21 22    8.  If the governmental entity determines that it
    21 23 is not in its best interest to proceed with the public
    21 24 project pursuant to the proposals offered, the
    21 25 governmental entity shall reject all proposals.  If
    21 26 all proposals are rejected, the governmental entity
    21 27 may solicit new statements of qualifications and
    21 28 proposals using different design or budget criteria.
    21 29    9.  As an inducement to qualified design=builders,
    21 30 the governmental entity shall pay a fair and
    21 31 reasonable stipend, the amount of which shall be
    21 32 established in the request for proposals, to each
    21 33 design=builder who participates in phase II, but is
    21 34 not selected as the design=builder for the public
    21 35 project.
    21 36                     SUBCHAPTER III
    21 37                         REPEAL
    21 38    Sec. 20.  NEW SECTION.  26A.21  REPEAL.
    21 39    This chapter is repealed June 30, 2012.
    21 40                      DIVISION VII
    21 41                    IOWA FLOOD CENTER
    21 42    Sec. 21.  Section 466B.3, subsection 6, paragraph
    21 43 b, subparagraph (7), Code 2009, is amended by striking
    21 44 the subparagraph.
    21 45    Sec. 22.  Section 466B.9, Code 2009, is amended to
    21 46 read as follows:
    21 47    466B.9  RULEMAKING AUTHORITY.
    21 48    The department and the department of agriculture
    21 49 and land stewardship shall have the power and
    21 50 authority reasonably necessary to carry out the duties
    22  1 imposed by this chapter.  As to the department, this
    22  2 includes rulemaking authority to carry out the
    22  3 regional watershed assessment program described in
    22  4 section 466B.5.  As to the department of agriculture
    22  5 and land stewardship, this includes rulemaking
    22  6 authority to assist in the implementation of
    22  7 community=based subwatershed improvement plans.
    22  8    Sec. 23.  NEW SECTION.  466C.1  DEFINITIONS.
    22  9    For purposes of this chapter, unless the context
    22 10 otherwise requires:
    22 11    1.  "Center" means the Iowa flood center
    22 12 established pursuant to section 466C.2.
    22 13    2.  "Council" means the water resources
    22 14 coordinating council established in section 466B.3.
    22 15    3.  "Regional watershed" means the watershed of
    22 16 hydrologic unit code scale 8.
    22 17    4.  "Subwatershed" means a watershed of hydrologic
    22 18 unit code scale 12 or smaller.
    22 19    5.  "Watershed" means a geographic area in which
    22 20 surface water is drained by rivers, streams, or other
    22 21 bodies of water.
    22 22    Sec. 24.  NEW SECTION.  466C.2  IOWA FLOOD CENTER.
    22 23    1.  The state board of regents shall establish and
    22 24 maintain in Iowa City as a part of the state
    22 25 university of Iowa an Iowa flood center.  In
    22 26 conducting the activities of this chapter, the center
    22 27 shall work cooperatively with the department of
    22 28 natural resources, the department of agriculture and
    22 29 land stewardship, the water resources coordinating
    22 30 council, and other state and federal agencies.
    22 31    2.  The Iowa flood center shall have all of the
    22 32 following purposes:
    22 33    a.  To develop hydrologic models for
    22 34 physically=based flood frequency estimation and
    22 35 real=time forecasting of floods, including hydraulic
    22 36 models of floodplain inundation mapping.
    22 37    b.  To establish community=based programs to
    22 38 improve flood monitoring and prediction along Iowa's
    22 39 major waterways and to support ongoing flood research.
    22 40    c.  To share resources and expertise of the Iowa
    22 41 flood center.
    22 42    d.  To assist in the development of a workforce in
    22 43 the state knowledgeable regarding flood research,
    22 44 prediction, and mitigation strategies.
    22 45    e.  To conduct the activities required by this
    22 46 chapter in cooperation with various state and federal
    22 47 agencies.
    22 48    Sec. 25.  NEW SECTION.  466C.3  REGIONAL WATERSHED
    22 49 ASSESSMENT, PLANNING, AND PRIORITIZATION.
    22 50    1.  The center shall create a regional watershed
    23  1 assessment program.  The program shall assess all the
    23  2 regional watersheds in the state.
    23  3    a.  Under the program, a statewide assessment shall
    23  4 be conducted at the rate of approximately one=third of
    23  5 the watersheds in the state per year, and an initial
    23  6 statewide assessment shall be completed within three
    23  7 years.  Thereafter, the center shall review and update
    23  8 the assessments on a regular basis.
    23  9    b.  Each regional watershed assessment shall
    23 10 provide a summary of the overall condition of the
    23 11 watershed.  The information provided in the summary
    23 12 may include land use patterns, soil types, slopes,
    23 13 management practices, stream conditions, and both
    23 14 point and nonpoint source impairments.
    23 15    c.  In conducting regional watershed assessments,
    23 16 the center may identify and facilitate local data
    23 17 collection to support the assessment process.
    23 18    2.  In conducting the regional watershed assessment
    23 19 program, the center shall provide hydrologic and
    23 20 geologic information sufficient for the council to
    23 21 prioritize watersheds statewide and for the various
    23 22 communities in those watersheds to plan remedial
    23 23 efforts in their local communities and subwatersheds.
    23 24    3.  Upon completion of the initial statewide
    23 25 assessment, and upon subsequent assessment updates,
    23 26 the center shall report the results of the assessment,
    23 27 and any updates, to the council and the general
    23 28 assembly, and shall make the report available to the
    23 29 public.
    23 30    Sec. 26.  NEW SECTION.  466C.4  COMMUNITY=BASED
    23 31 SUBWATERSHED IMPROVEMENT PLANS.
    23 32    1.  After the center's completion of the initial
    23 33 regional watershed assessment, and after the council's
    23 34 prioritization of the regional watersheds, the council
    23 35 shall initiate the organization of an interagency
    23 36 integrated water resources committee to facilitate the
    23 37 development and implementation of local,
    23 38 community=based subwatershed improvement plans.
    23 39    2.  In facilitating the development of
    23 40 community=based subwatershed improvement plans, the
    23 41 interagency integrated water resources committee
    23 42 shall, based on the results of the regional watershed
    23 43 assessment program, identify critical subwatersheds
    23 44 within priority regional watersheds and recruit
    23 45 communities, citizen groups, local governmental
    23 46 entities, or other stakeholders to engage in the
    23 47 assessment, planning, prioritization, and
    23 48 implementation of a local community=based subwatershed
    23 49 improvement plan.  The interagency integrated water
    23 50 resources committee may assist in the formation of a
    24  1 group of initial local community=based subwatershed
    24  2 improvement plans that can be implemented as pilot
    24  3 projects, in order to develop an effective process
    24  4 that can be replicated across the state.
    24  5    Sec. 27.  NEW SECTION.  466C.5  COMMUNITY=BASED
    24  6 SUBWATERSHED MONITORING.
    24  7    1.  After completion of the statewide regional
    24  8 watershed assessment and prioritization, and
    24  9 throughout the implementation of local community=based
    24 10 subwatershed improvement plans, the center shall
    24 11 assist communities with the monitoring and measurement
    24 12 of local subwatersheds.  The monitoring and
    24 13 measurement shall be designed for the particular needs
    24 14 of individual communities while considering statewide
    24 15 watershed issues.
    24 16    2.  Local communities in which the center conducts
    24 17 subwatershed monitoring shall use the information to
    24 18 support subwatershed planning activities, guide
    24 19 supplemental local data collection efforts, and
    24 20 identify priority areas needing additional resources.
    24 21 Local communities shall collect data over time and use
    24 22 the data to evaluate the impacts of their management
    24 23 efforts.  Data collected, as directed by interagency
    24 24 integrated water resources committees, shall be
    24 25 integrated into a digital regional watershed framework
    24 26 in real=time, or near real=time, by the center for use
    24 27 in assessment and planning by all the communities in
    24 28 the watershed.  The center shall integrate digital
    24 29 regional watershed information into a digital
    24 30 statewide framework for assessment and planning for
    24 31 state water resources planning.
    24 32    Sec. 28.  NEW SECTION.  466C.6  DEVELOPMENT OF
    24 33 ADVANCED NUMERICAL TOOLS FOR WATER RESOURCES
    24 34 MANAGEMENT.
    24 35    1.  After completion of the statewide regional
    24 36 watershed assessment and prioritization, the center
    24 37 shall develop and implement physically based
    24 38 hydrologic models to improve watershed and community
    24 39 scale flood prediction and mitigation planning.
    24 40    a.  Physically based hydrologic models shall be
    24 41 used to improve understanding of frequency of flood
    24 42 occurrence within the state and to guide risk=based
    24 43 flood mitigation planning.
    24 44    b.  Physically based hydrologic models shall be
    24 45 used in conjunction with hydrologic sensor networks to
    24 46 provide real=time river discharge forecasts to aid
    24 47 communities in implementing flood response plans.
    24 48    2.  The center shall produce flood inundation maps
    24 49 relating the spatial extent of flooding to predicted
    24 50 stream flows.
    25  1    a.  The center shall perform hydrodynamic
    25  2 simulations of river flow to create detailed water
    25  3 surface profiles for use in developing high=resolution
    25  4 flood inundation maps.  A library of inundation maps
    25  5 including but not limited to the one hundred year and
    25  6 five hundred year recurrence intervals shall be
    25  7 developed and made available along all rivers and
    25  8 streams within each watershed.  In addition to the
    25  9 static library of flood inundation maps, the center
    25 10 shall provide real=time forecasted flood inundation
    25 11 maps during the threat of severe flooding for
    25 12 imperiled communities.
    25 13    b.  Flood inundation maps shall be stored in a
    25 14 geospatial database and publicly distributed through
    25 15 web=based applications.
    25 16    Sec. 29.  NEW SECTION.  466C.7  COMMUNITY
    25 17 ENGAGEMENT AND TRAINING.
    25 18    1.  The center shall implement statewide programs
    25 19 to educate Iowans on water quality, best management
    25 20 practices, and flood risk and mitigation.
    25 21    2.  The center shall provide technical training
    25 22 through regional workshops and short courses to water
    25 23 resources professionals in state agencies, city and
    25 24 county administrators, and private companies.
    25 25 Training shall focus on application of hydrologic and
    25 26 water quality monitoring and forecasting technologies.
    25 27                      DIVISION VIII
    25 28             CHANGES TO PRIOR APPROPRIATIONS
    25 29    Sec. 30.  2005 Iowa Acts, chapter 178, section 9,
    25 30 is amended to read as follows:
    25 31    SEC. 9.  REVERSION.
    25 32    1.  Notwithstanding Except as provided in
    25 33 subsection 2 and notwithstanding section 8.33, moneys
    25 34 appropriated from the rebuild Iowa infrastructure fund
    25 35 in this division of this Act, except for the moneys
    25 36 appropriated in section 1, subsection 2, paragraph
    25 37 "a", for maintenance costs of the department of
    25 38 corrections and subsection 5, paragraph "d", for the
    25 39 vocational rehabilitation division of the department
    25 40 of education, shall not revert at the close of the
    25 41 fiscal year for which they were appropriated but shall
    25 42 remain available for the purposes designated until the
    25 43 close of the fiscal year that begins July 1, 2008, or
    25 44 until the project for which the appropriation was made
    25 45 is completed, whichever is earlier.  This section does
    25 46 not apply to the sections in this division of this Act
    25 47 that were previously enacted and are amended in this
    25 48 division of this Act.
    25 49    2.  Notwithstanding section 8.33, moneys
    25 50 appropriated in section 3, subsection 1, paragraph h
    26  1 of this division of this Act shall not revert at the
    26  2 close of the fiscal year for which they were
    26  3 appropriated but shall remain available for the
    26  4 purpose designated until the close of the fiscal year
    26  5 that begins July 1, 2009, or until the project for
    26  6 which the appropriation was made is completed,
    26  7 whichever is earlier.
    26  8    Sec. 31.  2007 Iowa Acts, chapter 219, section 7,
    26  9 subsection 1, is amended to read as follows:
    26 10    1.  For costs associated with the construction and
    26 11 establishment of the Iowa institute for biomedical
    26 12 discovery at the state university of Iowa:
    26 13 FY 2008=2009...................................... $ 10,000,000
    26 14 FY 2009=2010...................................... $ 10,000,000
    26 15                                                               0
    26 16 FY 2010=2011...................................... $ 10,000,000
    26 17    Sec. 32.  2008 Iowa Acts, chapter 1178, section 18,
    26 18 is amended by adding the following new subsection:
    26 19    NEW SUBSECTION.  7.  Notwithstanding section 8.33,
    26 20 moneys appropriated in this section shall not revert
    26 21 at the close of the fiscal year for which they are
    26 22 appropriated but shall remain available for the
    26 23 purposes designated until the close of the fiscal year
    26 24 that begins July 1, 2009.  The full=time equivalent
    26 25 position authorized in this section shall continue to
    26 26 be authorized until the close of the fiscal year that
    26 27 begins July 1, 2009.
    26 28    Sec. 33.  2008 Iowa Acts, chapter 1178, section 19,
    26 29 is amended to read as follows:
    26 30    SEC. 19.  WATER TRAILS AND LOW HEAD DAM PUBLIC
    26 31 HAZARD STATEWIDE PLAN == APPROPRIATION.  There is
    26 32 appropriated from any interest or earnings on moneys
    26 33 in the federal economic stimulus and jobs holding fund
    26 34 to the department of natural resources for the fiscal
    26 35 year beginning July 1, 2008, and ending June 30, 2009,
    26 36 the following amount, or so much thereof as is
    26 37 necessary, to be used for the purposes designated:
    26 38    For the establishment and administration of a water
    26 39 trails and low head dam public hazard statewide plan,
    26 40 including salaries, support, maintenance, and
    26 41 miscellaneous purposes:
    26 42 .................................................. $    250,000
    26 43    Notwithstanding section 8.33, moneys appropriated
    26 44 in this section shall not revert at the close of the
    26 45 fiscal year for which they are appropriated but shall
    26 46 remain available for the purposes designated until the
    26 47 close of the fiscal year that begins July 1, 2009.
    26 48    Sec. 34.  2008 Iowa Acts, chapter 1179, section 1,
    26 49 subsection 1, paragraph e, is amended to read as
    26 50 follows:
    27  1    e.  For the state's share of support in conjunction
    27  2 with the city of Des Moines and local area businesses
    27  3 to provide a free shuttle service to the citizens of
    27  4 Iowa visiting the capitol complex that includes
    27  5 transportation between the capitol complex and the
    27  6 downtown Des Moines area, notwithstanding section
    27  7 8.57, subsection 6, paragraph "c":
    27  8 .................................................. $    170,000
    27  9                                                         183,000
    27 10    Details for the shuttle service, including the
    27 11 route to be served, shall be determined pursuant to an
    27 12 agreement to be entered into by the department with
    27 13 the Des Moines area regional transit authority (DART)
    27 14 and any other participating entities.
    27 15    Of the amount appropriated in this lettered
    27 16 paragraph, up to $50,000 shall be used to encourage
    27 17 state employees to utilize transit services provided
    27 18 by the Des Moines area regional transit authority.
    27 19    Sec. 35.  2008 Iowa Acts, chapter 1179, section 1,
    27 20 subsection 1, is amended by adding the following new
    27 21 paragraphs:
    27 22    NEW PARAGRAPH.  h.  For projects related to major
    27 23 repairs and major maintenance for state buildings and
    27 24 facilities under the purview of the department:
    27 25 .................................................. $ 2,000,000
    27 26    NEW PARAGRAPH.  i.  For capital improvements at the
    27 27 civil commitment unit for a sexual offenders facility
    27 28 at Cherokee:
    27 29 .................................................. $    829,000
    27 30    NEW PARAGRAPH.  j.  For costs associated with
    27 31 capitol interior and exterior restoration and for
    27 32 compliance with the federal Americans With
    27 33 Disabilities Act:
    27 34 .................................................. $  1,900,000
    27 35    NEW PARAGRAPH.  k.  For renovations to the capitol
    27 36 complex utility tunnel system:
    27 37 .................................................. $  1,000,000
    27 38    NEW PARAGRAPH.  l.  For heating, ventilating, and
    27 39 air conditioning improvements in the Hoover state
    27 40 office building:
    27 41 .................................................. $    165,000
    27 42    NEW PARAGRAPH.  m.  (1)  For the purchase of Mercy
    27 43 capitol hospital:
    27 44 .................................................. $  3,950,000
    27 45    (2)  It is the intent of the general assembly that
    27 46 the department will use other appropriations made or
    27 47 other funds available to the department for the
    27 48 acquisition of buildings to complete the purchase of
    27 49 this building.
    27 50    (3)  The department is authorized to enter into
    28  1 agreements for the use of Mercy capitol hospital, once
    28  2 acquired by the state, with any state agency or other
    28  3 governmental entity, political subdivision, as deemed
    28  4 appropriate by the department.
    28  5    Sec. 36.  2008 Iowa Acts, chapter 1179, section 1,
    28  6 subsection 13, paragraph c, is amended to read as
    28  7 follows:
    28  8    c.  For the construction of a depot and platform to
    28  9 accommodate the future Amtrak service from Dubuque to
    28 10 Chicago, notwithstanding section 8.57, subsection 6,
    28 11 paragraph "c":
    28 12 .................................................. $    300,000
    28 13    Sec. 37.  2008 Iowa Acts, chapter 1179, section 1,
    28 14 subsection 14, paragraph a, is amended to read as
    28 15 follows:
    28 16    a.  For county fair infrastructure improvements for
    28 17 distribution in accordance with chapter 174 to
    28 18 qualified fairs which belong to the association of
    28 19 Iowa fairs:
    28 20 .................................................. $  1,590,000
    28 21                                                       1,060,000
    28 22    Of the amount appropriated in this lettered
    28 23 paragraph, $530,000 shall be deposited into the
    28 24 fairgrounds infrastructure aid fund created pursuant
    28 25 to section 12.101, as enacted in this Act, for
    28 26 fairgrounds infrastructure aid as provided in section
    28 27 12.102, as enacted in this Act.
    28 28    Sec. 38.  2008 Iowa Acts, chapter 1179, section 15,
    28 29 subsection 4, paragraph b, is amended to read as
    28 30 follows:
    28 31    b.  To the public broadcasting division for the
    28 32 purchase and installation of generators at transmitter
    28 33 sites:
    28 34 .................................................. $  1,602,437
    28 35    Of the amount appropriated in this lettered
    28 36 paragraph, up to $210,477 may be used for operational
    28 37 costs of the division for FY 2008=2009 and up to
    28 38 $1,000,000 may be used for operational costs of the
    28 39 division for FY 2009=2010.
    28 40    Sec. 39.  2008 Iowa Acts, chapter 1186, section 20,
    28 41 subsection 2, is amended to read as follows:
    28 42    2.  Notwithstanding any provision of law to the
    28 43 contrary, the unencumbered or unobligated balances of
    28 44 the healthy Iowans tobacco trust at the close of
    28 45 available prior to the close of the fiscal year
    28 46 beginning July 1, 2008, or the endowment for Iowa's
    28 47 health account at the close available prior to the
    28 48 close of the fiscal year beginning July 1, 2008, or
    28 49 the close of any succeeding fiscal year shall be
    28 50 transferred to the general fund of the state.
    29  1    Sec. 40.  2009 Iowa Acts, Senate File 344, section
    29  2 9, subsection 3, if enacted, is amended by striking
    29  3 the subsection and inserting in lieu thereof the
    29  4 following:
    29  5    3.  Effective July 1, 2009, all funds remaining in
    29  6 the accelerated career education account of the
    29  7 physical infrastructure assistance fund created in
    29  8 section 15E.175 shall be transferred to the
    29  9 accelerated career education fund established in
    29 10 section 260G.6, subsection 1, as amended by this Act.
    29 11    Sec. 41.  EFFECTIVE AND RETROACTIVE APPLICABILITY
    29 12 DATES.
    29 13    1.  Except as provided in subsection 2, this
    29 14 division of this Act, being deemed of immediate
    29 15 importance, takes effect upon enactment.
    29 16    2.  The sections of this division of this Act,
    29 17 amending 2008 Iowa Acts, chapter 1179, section 1,
    29 18 subsection 13, paragraph "c"; section 1, subsection
    29 19 14, paragraph "a"; and section 15, subsection 4,
    29 20 paragraph "b", apply retroactively to July 1, 2008.
    29 21                       DIVISION IX
    29 22                      CODE CHANGES
    29 23    Sec. 42.  Section 8.57C, subsection 3, paragraph b,
    29 24 Code 2009, is amended to read as follows:
    29 25    b.  There is appropriated from the rebuild Iowa
    29 26 infrastructure fund for each the fiscal year of the
    29 27 fiscal period beginning July 1, 2008, and ending June
    29 28 30, 2010 2009, the sum of seventeen million five
    29 29 hundred thousand dollars, and for the fiscal year
    29 30 beginning July 1, 2009, and ending June 30, 2010, the
    29 31 sum of fourteen million five hundred twenty=five
    29 32 thousand dollars to the technology reinvestment fund,
    29 33 notwithstanding section 8.57, subsection 6, paragraph
    29 34 "c".
    29 35    Sec. 43.  Section 12E.12, subsection 1, paragraph
    29 36 b, subparagraph (2), subparagraph division (b), Code
    29 37 2007, as amended by 2008 Iowa Acts, chapter 1186,
    29 38 section 16, is amended to read as follows:
    29 39    (b)  For each fiscal year beginning July 1, 2009,
    29 40 the moneys deposited in the endowment for Iowa's
    29 41 health account of the tobacco settlement trust fund
    29 42 are transferred to the general fund of the state
    29 43 rebuild Iowa infrastructure fund.  The moneys
    29 44 transferred shall be used for the purposes specified
    29 45 in section 12E.3A.
    29 46    Sec. 44.  Section 15.329, subsection 7, Code 2009,
    29 47 is amended by striking the subsection.
    29 48    Sec. 45.  Section 15F.201, Code 2009, is amended by
    29 49 adding the following new subsection:
    29 50    NEW SUBSECTION.  3.  "River enhancement community
    30  1 attraction and tourism project" means a project that
    30  2 creates or enhances recreational opportunities and
    30  3 community attractions on and near lakes or rivers or
    30  4 river corridors within cities across the state under
    30  5 the purview of the program.
    30  6    Sec. 46.  NEW SECTION.  15F.206  RIVER ENHANCEMENT
    30  7 COMMUNITY ATTRACTION AND TOURISM PROJECTS ==
    30  8 APPLICATION REVIEW.
    30  9    1.  Applications for assistance for river
    30 10 enhancement community attraction and tourism projects
    30 11 shall be submitted to the department.  For those
    30 12 applications that meet the eligibility criteria, the
    30 13 department shall provide a staff review analysis and
    30 14 evaluation to the vision Iowa program review committee
    30 15 referred to in section 15F.304, subsection 2, and the
    30 16 board.
    30 17    2.  When reviewing the applications, the vision
    30 18 Iowa program review committee and the department shall
    30 19 consider, at a minimum, all of the following:
    30 20    a.  Whether the wages, benefits, including health
    30 21 benefits, safety, and other attributes of the project
    30 22 would improve the quality of life or the quality of
    30 23 attraction or tourism employment in the community.
    30 24    b.  The extent to which such a project would
    30 25 generate additional recreational and cultural
    30 26 attractions or tourism opportunities.
    30 27    c.  The ability of the project to produce a
    30 28 long=term, tax=generating economic impact.
    30 29    d.  The location of the projects and geographic
    30 30 diversity of the applications.
    30 31    e.  The project is primarily a vertical
    30 32 infrastructure project with demonstrated substantial
    30 33 regional or statewide economic impact.  For purposes
    30 34 of the program, "vertical infrastructure" means land
    30 35 acquisition and construction, major renovation and
    30 36 major repair of buildings, all appurtenant structures,
    30 37 utilities, site development, and recreational trails
    30 38 and water trails.  "Vertical infrastructure" does not
    30 39 include routine, recurring maintenance, or operational
    30 40 expenses or leasing of a building, appurtenant
    30 41 structure, or utility without a lease=purchase
    30 42 agreement.
    30 43    f.  Whether the applicant has received financial
    30 44 assistance under the program for the same project.
    30 45    g.  The extent to which the project has taken the
    30 46 following planning principles into consideration:
    30 47    (1)  Efficient and effective use of land resources
    30 48 and existing infrastructure by encouraging development
    30 49 in areas with existing infrastructure or capacity to
    30 50 avoid costly duplication of services and costly use of
    31  1 land.
    31  2    (2)  Provision for a variety of transportation
    31  3 choices, including pedestrian traffic.
    31  4    (3)  Maintenance of a unique sense of place by
    31  5 respecting local cultural and natural environmental
    31  6 features.
    31  7    (4)  Conservation of open space and farmland and
    31  8 preservation of critical environmental areas.
    31  9    (5)  Promotion of the safety, livability, and
    31 10 revitalization of existing urban and rural
    31 11 communities.
    31 12    3.  Upon review of the recommendations of the
    31 13 review committee, the board shall approve, defer, or
    31 14 deny the applications.
    31 15    4.  Upon approval of an application for financial
    31 16 assistance under the program, the board shall notify
    31 17 the treasurer of state regarding the amount of moneys
    31 18 needed to satisfy the award of financial assistance
    31 19 and the terms of the award.  The treasurer of state
    31 20 shall notify the department anytime moneys are
    31 21 disbursed to a recipient of financial assistance under
    31 22 the program.
    31 23    Sec. 47.  Section 15F.304, subsection 2, Code 2009,
    31 24 is amended to read as follows:
    31 25    2.  A review committee composed of eight members of
    31 26 the board shall review vision Iowa program
    31 27 applications and river enhancement community
    31 28 attraction and tourism project applications submitted
    31 29 to the board and make recommendations regarding the
    31 30 applications to the board.  The review committee shall
    31 31 consist of members of the board listed in section
    31 32 15F.102, subsection 2, paragraphs "d" through "h".
    31 33    Sec. 48.  Section 15F.304, Code 2009, is amended by
    31 34 adding the following new subsection:
    31 35    NEW SUBSECTION.  5.  The review committee shall
    31 36 consider, review, and make recommendations regarding
    31 37 applications for assistance for river enhancement
    31 38 community attractions and tourism projects a provided
    31 39 in section 15F.206.
    31 40    Sec. 49.  Section 15G.111, subsection 4, paragraph
    31 41 a, Code 2009, as amended by 2009 Iowa Acts, Senate
    31 42 File 344, section 2, if enacted, is amended to read as
    31 43 follows:
    31 44    a.  For administrative costs, an amount not more
    31 45 than one and one=half percent six hundred thousand
    31 46 dollars of the moneys subject to allocation under this
    31 47 subsection.
    31 48    Sec. 50.  Section 135.63, subsection 2, paragraph
    31 49 l, unnumbered paragraph 1, Code 2009, is amended to
    31 50 read as follows:
    32  1    The replacement or modernization of any
    32  2 institutional health facility if the replacement or
    32  3 modernization does not add new health services or
    32  4 additional bed capacity for existing health services,
    32  5 notwithstanding any provision in this division to the
    32  6 contrary.  With respect to a nursing facility,
    32  7 "replacement" means establishing a new facility within
    32  8 the same county as the prior facility to be closed.
    32  9 With reference to a hospital, "replacement" means
    32 10 establishing a new hospital that demonstrates
    32 11 compliance with all of the following criteria through
    32 12 evidence submitted to the department:
    32 13    Sec. 51.  Sections 12.101 and 12.102, Code 2009,
    32 14 are repealed.
    32 15    Sec. 52.  EFFECTIVE DATE.  The section of this
    32 16 division of this Act amending section 12E.12 takes
    32 17 effect June 30, 2009.>
    32 18 #2.  Title page, by striking lines 1 through 4 and
    32 19 inserting the following:  <An Act relating to and
    32 20 making, reducing, and transferring appropriations to
    32 21 state departments and agencies from the rebuild Iowa
    32 22 infrastructure fund, the technology reinvestment fund,
    32 23 and other funds creating and funding the Iowa flood
    32 24 center, establishing an alternative public project
    32 25 delivery pilot program, providing for related matters,
    32 26 and providing effective and retroactive applicability
    32 27 date provisions.>
    32 28
    32 29
    32 30                               
    32 31 COHOON of Des Moines
    32 32 HF 822.501 83
    32 33 rh/rj/24427

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