Senate File 2311

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    20                                         SENATE FILE 2311
    30
    50                             AN ACT
    70 RELATING TO APPROPRIATIONS FOR ECONOMIC DEVELOPMENT PURPOSES,
    80    WORKFORCE DEVELOPMENT FIELD OFFICES, WORKFORCE TRAINING
    90    AND ECONOMIC DEVELOPMENT FUNDS OF COMMUNITY COLLEGES, AND
   100    INCLUDING EFFECTIVE DATE AND RETROACTIVE APPLICABILITY
   110    PROVISIONS.
   120
   130 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
   140
   160                           DIVISION I
   170                      APPROPRIATION RELATED
   190    Section 1.  CONTRACT OR APPROVED PROJECT OR ACTIVITY
   200 VALIDATION.  Any contract or approved project or activity
   210 originally funded or intended to be funded in whole or in part
   220 with moneys from the grow Iowa values fund, and entered into
   230 or approved by the department of economic development or the
   240 grow Iowa values board after June 30, 2003, and before June
   250 16, 2004, in reliance on the publication of law implementing
   260 the grow Iowa values fund in the 2003 Code Supplement and 2003
   270 Iowa Acts, is valid and enforceable to the full extent of the
   280 law.  The Iowa supreme court decision in Rants and Iverson v.
   290 Vilsack, No. 60/03=1948, June 16, 2004, and the provisions of
   300 this Act shall not in themselves constitute grounds for
   310 recision or modification of such contracts or approved
   320 projects or activities.  This Act provides appropriations to
   330 fund these contracts or approved projects or activities.
   340    Sec. 2.  ECONOMIC DEVELOPMENT APPROPRIATIONS.
   350    1.  There is appropriated from the fund created in
   360 subsection 2, to the following designated entities and funds
   370 for the fiscal year beginning July 1, 2004, and ending June
   380 30, 2005, the following amounts, or so much thereof as is
   390 necessary, to be used for the purposes designated:
   400    a.  (1)  To the department of economic development for
   410 marketing strategies for the state:
   430 .................................................. $  6,782,949
   450    (2)  Of the amount appropriated in subparagraph (1),
   460 $6,771,417 shall be expended pursuant to contracts or approved
   470 projects or activities validated in this division of this Act.
   480    b.  (1)  To the department of economic development for
   490 financial assistance and incentives to businesses under
   500 programs currently existing which are administered by the
   510 department:
   530 .................................................. $ 61,045,652
   550    (2)  Of the amount appropriated in subparagraph (1),
   560 $36,915,343 shall be expended pursuant to contracts or
   570 approved projects or activities validated in this division of
   580 this Act.
   590    (3)  In addition to the amount appropriated in subparagraph
   600 (1), $700,000 of any interest or earnings on moneys in the
   610 fund created in subsection 2 which are credited to the fund
   620 shall be appropriated to the department for the purposes
   630 specified in subparagraph (1).
   640    c.  To the department of economic development for providing
   650 financial assistance for projects in targeted state parks and
   660 destination parks pursuant to contracts or approved projects
   670 or activities validated in this division of this Act:
   690 .................................................. $    475,806
   710    d.  (1)  For deposit in the loan and credit guarantee fund
   720 created in section 15E.227:
   740 .................................................. $  5,728,402
   760    (2)  Of the amount appropriated in subparagraph (1), $1,785
   770 shall be expended pursuant to contracts or approved projects
   780 or activities validated in this division of this Act.
   790    e.  To the department of economic development for financial
   800 assistance for institutions of higher learning under the
   810 control of the board of regents and for accredited private
   820 institutions pursuant to contracts or approved projects or
   830 activities validated in this division of this Act:
   850 .................................................. $ 10,058,162
   870    f.  (1)  To the department of economic development for
   880 deposit into the workforce training and economic development
   890 funds of the community colleges pursuant to section 260C.18A:
   910 .................................................. $  3,848,668
   930    (2)  Of the amount appropriated in subparagraph (1),
   940 $742,608 shall be expended pursuant to contracts or approved
   950 projects or activities validated in this division of this Act.
   960    g.  To the department of economic development for deposit
   970 into the workforce training and economic development funds of
   980 the community colleges created in section 260C.18A for
   990 purposes of the job retention program pursuant to section
  1000 260F.9:
  1020 .................................................. $  1,000,000
  1040    h.  To the department of economic development for endow
  1050 Iowa grants to lead philanthropic entities pursuant to section
  1060 15E.304:
  1080 .................................................. $    155,303
  1100    i.  To the department of economic development for deposit
  1110 into the general fund of the state for lost revenue due to
  1120 endow Iowa tax credits granted pursuant to section 15E.305:
  1140 .................................................. $    155,303
  1160    j.  For deposit into the cash reserve fund to replace
  1170 claims paid from the general fund of the state by the state
  1180 appeal board as affirmed in section 3 of this division of this
  1190 Act:
  1210 .................................................. $ 10,749,754
  1230    2.  A federal economic stimulus and jobs holding fund is
  1240 created in the state treasury under the control of the
  1250 department of management consisting of moneys received from
  1260 the federal government for state and local government fiscal
  1270 relief under the federal Jobs and Growth Tax Relief
  1280 Reconciliation Act of 2003.  Notwithstanding section 12C.7,
  1290 interest or earnings on moneys in the fund shall be credited
  1300 to the fund.  Moneys appropriated from the fund in this
  1310 section shall be expended as provided in the federal law
  1320 making the moneys available and in conformance with chapter
  1330 17A.
  1340    3.  Notwithstanding section 8.33, moneys that remain
  1350 unexpended at the end of a fiscal year shall not revert to any
  1360 fund but shall remain available for expenditure for the
  1370 designated purposes during the succeeding fiscal year.
  1380    Sec. 3.  PAYMENT OF CLAIMS.  The general assembly affirms
  1390 the action by the state appeal board on August 27, 2004,
  1400 approving payment of claims against the state for moneys
  1410 appropriated from the grow Iowa values fund and obligated
  1420 prior to the Iowa supreme court decision of Rants and Iverson
  1430 v. Vilsack, No. 60/03=1948, June 16, 2004, that invalidated
  1440 the proper enactment of the appropriations.
  1450    Sec. 4.  REPEAL.  2003 Iowa Acts, First Extraordinary
  1460 Session, chapter 2, sections 65 through 75, are repealed.
  1470    Sec. 5.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  1480 This division of this Act, being deemed of immediate
  1490 importance, takes effect upon enactment and applies
  1500 retroactively to July 1, 2003.
  1520                           DIVISION II
  1530               WORKFORCE DEVELOPMENT FIELD OFFICES
  1540                         APPROPRIATIONS
  1560    Sec. 6.  NEW SECTION.  96.7A  APPROPRIATIONS FOR WORKFORCE
  1570 DEVELOPMENT FIELD OFFICES.
  1580    There is appropriated from the general fund of the state to
  1590 the department of workforce development for the fiscal period
  1600 beginning July 1, 2004, and ending June 30, 2007, the
  1610 following amounts, or so much thereof as is necessary, to be
  1620 used for the purposes designated:
  1630    For workforce development field offices, including
  1640 salaries, support, maintenance, conducting labor market
  1650 surveys, and miscellaneous purposes:
  1670    1.  FY 2004=2005................................. $  6,525,000
  1680    2.  FY 2005=2006................................. $  6,525,000
  1690    3.  FY 2006=2007................................. $  3,262,500
  1700    Notwithstanding section 8.33, moneys that remain unexpended at
  1710 the end of the fiscal year shall not revert but shall remain
  1720 available for expenditure for the designated purposes during the
  1730 succeeding fiscal year.
  1750    Sec. 7.  EFFECTIVE DATE.  This division of this Act, being
  1760 deemed of immediate importance, takes effect upon enactment.
  1780                          DIVISION III
  1790        WORKFORCE TRAINING AND ECONOMIC DEVELOPMENT FUNDS
  1810    Sec. 8.  Section 260C.18A, subsection 2, unnumbered
  1820 paragraph 1, Code Supplement 2003, as amended by 2004 Iowa
  1830 Acts, Senate File 2298, section 370, is amended to read as
  1840 follows:
  1850    On July 1 of each year for the fiscal year beginning July
  1860 1, 2003, and for every fiscal year thereafter, moneys from the
  1870 grow Iowa values fund created in section 15G.108 are
  1880 appropriated to the department of economic development for
  1890 deposit in the workforce training and economic development
  1900 funds in amounts determined pursuant to subsection 4.  Moneys
  1910 deposited in the funds and disbursed to community colleges for
  1920 a fiscal year shall be expended for the following purposes,
  1930 provided seventy percent of the moneys shall be used on
  1940 projects in the areas of advanced manufacturing, information
  1950 technology and insurance, and life sciences which include the
  1960 areas of biotechnology, health care technology, and nursing
  1970 care technology:
  1980    Sec. 9.  Section 260C.18A, subsections 3, 4, and 7, Code
  1990 Supplement 2003, as amended by 2004 Iowa Acts, Senate File
  2000 2298, section 330, are amended by striking the subsections.
  2010    Sec. 10.  Section 260C.18A, subsection 6, paragraph d, Code
  2020 Supplement 2003, is amended to read as follows:
  2030    d.  Annually submit the two=year plan and progress report
  2040 to the department of economic development in a manner
  2050 prescribed by rules adopted by the department pursuant to
  2060 chapter 17A and annually file a copy of the plan and progress
  2070 report with the grow Iowa values board.  For the fiscal year
  2080 beginning July 1, 2004, and each fiscal year thereafter, a
  2090 community college shall not have moneys deposited in the
  2100 workforce training and economic development fund of that
  2110 community college unless the grow Iowa values board approves
  2120 the annual progress report of the community college.
  2130    Sec. 11.  Section 260C.18A, subsection 8, as enacted by
  2140 2004 Iowa Acts, Senate File 2298, section 331, is amended by
  2150 striking the subsection.
  2160    Sec. 12.  Section 260C.18A, Code Supplement 2003, is
  2170 amended by adding the following new subsection:
  2180    NEW SUBSECTION.  9.  This section is repealed effective
  2190 June 30, 2010.
  2200    Sec. 13.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  2210 This division of this Act, being deemed of immediate
  2220 importance, takes effect upon enactment and applies
  2230 retroactively to June 30, 2004.
  2250
  2260
  2270                                                             
  2280                               JEFFREY M. LAMBERTI
  2290                               President of the Senate
  2300
  2310
  2320                                                             
  2330                               CHRISTOPHER C. RANTS
  2340                               Speaker of the House
  2350
  2360    I hereby certify that this bill originated in the Senate and
  2370 is known as Senate File 2311, Eightieth General Assembly.
  2380
  2390
  2400                                                             
  2410                               MICHAEL E. MARSHALL
  2420                               Secretary of the Senate
  2430 Approved                , 2004
  2440
  2450
  2460                                
  2470 THOMAS J. VILSACK
  2480 Governor