Senate File 403 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 403
  1  2
  1  3                             AN ACT
  1  4 ADDRESSING FINANCIAL AND REGULATORY MATTERS BY MAKING AND
  1  5    REVISING APPROPRIATIONS, PROVIDING FOR PROPERLY RELATED
  1  6    MATTERS, AND PROVIDING EFFECTIVE DATES.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10                           DIVISION I
  1 11                  ADMINISTRATION AND REGULATION
  1 12              DEPARTMENT OF ADMINISTRATIVE SERVICES
  1 13                          UTILITY COSTS
  1 14    Section 1.  2006 Iowa Acts, chapter 1177, section 1,
  1 15 subsection 2, is amended to read as follows:
  1 16    2.  For the payment of utility costs:
  1 17 .................................................. $  3,080,865
  1 18                                                       4,080,865
  1 19    Notwithstanding section 8.33, any excess funds appropriated
  1 20 for utility costs in this subsection shall not revert to the
  1 21 general fund of the state at the end of the fiscal year but
  1 22 shall remain available for expenditure for the purposes of
  1 23 this subsection during the fiscal year beginning July 1, 2007.
  1 24    It is the intent of the general assembly that the
  1 25 department shall reduce utility costs through energy
  1 26 conservation practices.  The goal of the general assembly is
  1 27 to reduce energy use by ten percent to save money, conserve
  1 28 energy resources, and reduce pollution.
  1 29                       OFFICE OF GOVERNOR
  1 30    Sec. 2.  2006 Iowa Acts, chapter 1177, section 10,
  1 31 subsection 2, is amended to read as follows:
  1 32    2.  TERRACE HILL QUARTERS
  1 33    For salaries, support, maintenance, and miscellaneous
  1 34 purposes for the governor's quarters at Terrace Hill, and for
  1 35 not more than the following full=time equivalent positions:
  2  1 .................................................. $    378,633
  2  2                                                         483,633
  2  3 ............................................... FTEs       8.00
  2  4    Sec. 3.  2006 Iowa Acts, chapter 1177, section 10,
  2  5 subsection 6, paragraph b, is amended to read as follows:
  2  6    b.  For payment to the governor=elect expense fund in lieu
  2  7 of the appropriation from the general fund of the state under
  2  8 section 7.13 to the governor=elect expense fund:
  2  9 .................................................. $    100,000
  2 10                                                         170,000
  2 11                      DEPARTMENT OF REVENUE
  2 12                           OPERATIONS
  2 13    Sec. 4.  2006 Iowa Acts, chapter 1177, section 18,
  2 14 unnumbered paragraph 2, is amended to read as follows:
  2 15    For salaries, support, maintenance, and miscellaneous
  2 16 purposes, and for not more than the following full=time
  2 17 equivalent positions:
  2 18 ................................................. $ 23,138,575
  2 19                                                     23,238,575
  2 20 .............................................. FTEs     392.64
  2 21                            GOVERNOR
  2 22    Sec. 5.  IOWA ENERGY INDEPENDENCE OFFICE.  There is
  2 23 appropriated from the general fund of the state to the office
  2 24 of the governor and lieutenant governor for the fiscal year
  2 25 beginning July 1, 2006, and ending June 30, 2007, the
  2 26 following amount, or so much thereof as is necessary, to be
  2 27 used for the purposes designated:
  2 28    For initial implementation of an Iowa energy independence
  2 29 office, in lieu of any other appropriation or allocation made
  2 30 for this purpose for the fiscal year of the appropriation and
  2 31 for the succeeding fiscal year, including salaries, support,
  2 32 maintenance, miscellaneous purposes and for not more than the
  2 33 following full=time equivalent positions:
  2 34 .................................................. $    250,000
  2 35 ............................................... FTEs       3.00
  3  1    Notwithstanding section 8.33, moneys appropriated in this
  3  2 section that remain unencumbered or unobligated at the close
  3  3 of the fiscal year shall not revert but shall remain available
  3  4 for expenditure for the purposes designated until the close of
  3  5 the succeeding fiscal year.
  3  6                           DIVISION II
  3  7                            EDUCATION
  3  8                     STATE BOARD OF REGENTS
  3  9    Sec. 6.  BIOMASS PRODUCTION PROJECT.  There is appropriated
  3 10 from the general fund of the state to the state board of
  3 11 regents for the fiscal year beginning July 1, 2006, and ending
  3 12 June 30, 2007, the following amount, or so much thereof as may
  3 13 be necessary, to be used for the purpose designated:
  3 14    For a biomass production project at the university of
  3 15 northern Iowa to determine the feasibility of burning prairie
  3 16 vegetation for electrical generation:
  3 17 .................................................. $    330,000
  3 18    Notwithstanding section 8.33, moneys appropriated in this
  3 19 section that remain unencumbered or unobligated at the close
  3 20 of the fiscal year shall not revert but shall remain available
  3 21 for expenditure for the purposes designated until the close of
  3 22 the succeeding fiscal year.
  3 23                 DEPARTMENT OF CULTURAL AFFAIRS
  3 24    Sec. 7.  2006 Iowa Acts, chapter 1185, section 41,
  3 25 subsection 1, is amended to read as follows:
  3 26    1.  For the African=American historical museum and cultural
  3 27 center of Iowa in Cedar Rapids:
  3 28 .................................................. $     85,000
  3 29                                                         160,000
  3 30    Notwithstanding section 8.33, moneys appropriated in this
  3 31 subsection that remain unencumbered or unobligated at the
  3 32 close of the fiscal year shall not revert but shall remain
  3 33 available for expenditure for the purposes designated until
  3 34 expended.  The historical museum and cultural center shall
  3 35 report to the department and the members and staff of the
  4  1 joint appropriations subcommittee on economic development on
  4  2 or before December 15, 2007, detailing the planned and actual
  4  3 uses for the moneys appropriated in this subsection.
  4  4    Sec. 8.  IOWA CAUCUS PROJECT.  There is appropriated from
  4  5 the general fund of the state to the department of cultural
  4  6 affairs for the fiscal year beginning July 1, 2006, and ending
  4  7 June 30, 2007, the following amount, or so much thereof as is
  4  8 necessary, to be used for the purposes designated:
  4  9    For funding of the Iowa caucus project:
  4 10 .................................................. $    500,000
  4 11    Notwithstanding section 8.33, moneys appropriated in this
  4 12 section that remain unencumbered or unobligated at the close
  4 13 of the fiscal year shall not revert but shall remain available
  4 14 for expenditure for the purposes designated until the close of
  4 15 the succeeding fiscal year.
  4 16                     DEPARTMENT OF EDUCATION
  4 17    Sec. 9.  SKILLS IOWA TECHNOLOGY GRANT PROGRAM.
  4 18    1.  There is appropriated from the general fund of the
  4 19 state to the department of education for the fiscal year
  4 20 beginning July 1, 2006, and ending June 30, 2007, the
  4 21 following amount, or so much thereof as is necessary, to be
  4 22 used for the purposes designated:
  4 23    For continuation of the skills Iowa technology grant
  4 24 program in accordance with this section:
  4 25 .................................................. $  3,000,000
  4 26    2.  The amount appropriated in this section shall be used
  4 27 to continue the skills Iowa technology grant program,
  4 28 previously known as the follow=the=leader technology grant
  4 29 program.  The purpose of the program is to provide assessment
  4 30 and remediation tools to classrooms, to enhance teachers'
  4 31 ability to easily assess the skill levels of individual
  4 32 students and prescribe individualized instruction plans based
  4 33 on those assessments, and provide for professional development
  4 34 of teachers.  The department shall contract with a
  4 35 not=for=profit entity with at least two years experience with
  5  1 the skills Iowa technology program and in providing technical
  5  2 assistance to schools in Iowa.  The goals for the contractor
  5  3 shall include minimizing disruption in the use of skills Iowa
  5  4 in schools.  Any departmental administrative expenses
  5  5 associated with this appropriation shall not exceed $50,000.
  5  6    3.  Notwithstanding section 8.33, moneys appropriated in
  5  7 this section that remain unencumbered or unobligated at the
  5  8 close of the fiscal year shall not revert but shall remain
  5  9 available for expenditure for the purposes designated until
  5 10 the close of the succeeding fiscal year.
  5 11    Sec. 10.  ASSISTIVE TECHNOLOGY LOANS.
  5 12    1.  There is appropriated from the general fund of the
  5 13 state to the department of education for the fiscal year
  5 14 beginning July 1, 2006, and ending June 30, 2007, the
  5 15 following amount, or so much thereof as is necessary, to be
  5 16 used for the purposes designated:
  5 17    For the division of vocational rehabilitation services to
  5 18 issue a grant to a foundation to provide assistive technology
  5 19 loans and loan guarantees in accordance with this section:
  5 20 .................................................. $    500,000
  5 21    2.  The foundation must be headquartered in Iowa and be
  5 22 qualified as tax exempt under section 501(c)(3) of the
  5 23 Internal Revenue Code; operate for the purpose of offering
  5 24 loans to Iowans who need to purchase assistive technology such
  5 25 as specialized computers or software, wheelchairs,
  5 26 communication devices, home modifications, vehicle
  5 27 modifications, and other devices; have been in existence since
  5 28 1998; have offices in Des Moines; and have experience in
  5 29 partnering with banks and the Iowa finance authority in
  5 30 providing loans.
  5 31    3.  The grant shall require the grantee to provide a
  5 32 dollar=for=dollar match.
  5 33    4.  The grant shall be used to provide loans and loan
  5 34 guarantees to or on behalf of Iowa residents who have a
  5 35 disability or disabling condition, are in need of assistive
  6  1 technology, are able to meet lending and purpose requirements,
  6  2 and are able to repay the loan.  Not more than 5 percent of
  6  3 the amount appropriated shall be used for the administrative
  6  4 costs of the grantee so that 95 percent of the appropriation
  6  5 amount is used for providing loans and loan guarantees.
  6  6    5.  Notwithstanding section 8.33, moneys appropriated in
  6  7 this section that remain unencumbered or unobligated at the
  6  8 close of the fiscal year shall not revert but shall remain
  6  9 available for expenditure for the purposes designated until
  6 10 the close of the succeeding fiscal year.
  6 11    Sec. 11.  MOBILE PRODUCTION UNIT.  There is appropriated
  6 12 from the general fund of the state to the department of
  6 13 education for the fiscal year beginning July 1, 2006, and
  6 14 ending June 30, 2007, the following amount, or so much thereof
  6 15 as is necessary, to be used for the purposes designated:
  6 16    For the public broadcasting division to purchase a mobile
  6 17 television production unit and digital equipment:
  6 18 .................................................. $  1,000,000
  6 19    Notwithstanding section 8.33, moneys appropriated in this
  6 20 section that remain unencumbered or unobligated at the close
  6 21 of the fiscal year shall not revert but shall remain available
  6 22 for expenditure for the purposes designated until the close of
  6 23 the fiscal year beginning July 1, 2008.
  6 24                          DIVISION III
  6 25                    HEALTH AND HUMAN SERVICES
  6 26                        IOWACARE PROGRAM
  6 27    Sec. 12.  2006 Iowa Acts, chapter 1184, section 60, is
  6 28 amended by adding the following new subsection:
  6 29    NEW SUBSECTION.  4.  There is appropriated from the
  6 30 IowaCare account created in section 249J.24 to the state board
  6 31 of regents for distribution to the university of Iowa
  6 32 hospitals and clinics for the fiscal year beginning July 1,
  6 33 2006, and ending June 30, 2007, the following amount, or so
  6 34 much thereof as is necessary, to be used for the purposes
  6 35 designated:
  7  1    For salaries, support, maintenance, equipment, and
  7  2 miscellaneous purposes, for the provision of medical and
  7  3 surgical treatment of indigent patients, for provision of
  7  4 services to members of the expansion population pursuant to
  7  5 chapter 249J, and for medical education:
  7  6 .................................................. $ 10,000,000
  7  7    The amount appropriated in this subsection shall be
  7  8 distributed only if federal funds are available to match the
  7  9 amount appropriated and expenses are incurred to serve the
  7 10 IowaCare expansion population.
  7 11    Notwithstanding section 8.33, moneys appropriated in this
  7 12 subsection that remain unencumbered or unobligated at the
  7 13 close of the fiscal year shall not revert but shall remain
  7 14 available for expenditure for the purposes designated until
  7 15 the close of the succeeding fiscal year.
  7 16                           DIVISION IV
  7 17                         JUSTICE SYSTEM
  7 18                    DEPARTMENT OF CORRECTIONS
  7 19                           FACILITIES
  7 20    Sec. 13.  2006 Iowa Acts, chapter 1183, section 4,
  7 21 subsection 1, paragraphs b, c, e, g, and j, are amended to
  7 22 read as follows:
  7 23    b.  For the operation of the Anamosa correctional facility,
  7 24 including salaries, support, maintenance, and miscellaneous
  7 25 purposes:
  7 26 .................................................. $ 28,903,747
  7 27                                                      29,253,747
  7 28    Moneys are provided within this appropriation for one
  7 29 full=time substance abuse counselor for the Luster Heights
  7 30 facility, for the purpose of certification of a substance
  7 31 abuse program at that facility.
  7 32    c.  For the operation of the Oakdale correctional facility,
  7 33 including salaries, support, maintenance, and miscellaneous
  7 34 purposes:
  7 35 .................................................. $ 28,972,190
  8  1                                                      32,392,728
  8  2    e.  For the operation of the Mt. Pleasant correctional
  8  3 facility, including salaries, support, maintenance, and
  8  4 miscellaneous purposes:
  8  5 .................................................. $ 24,929,418
  8  6                                                      25,479,418
  8  7    g.  For the operation of the Clarinda correctional
  8  8 facility, including salaries, support, maintenance, and
  8  9 miscellaneous purposes:
  8 10 .................................................. $ 24,251,587
  8 11                                                      24,651,587
  8 12    Moneys received by the department of corrections as
  8 13 reimbursement for services provided to the Clarinda youth
  8 14 corporation are appropriated to the department and shall be
  8 15 used for the purpose of operating the Clarinda correctional
  8 16 facility.
  8 17    j.  For reimbursement of counties for temporary confinement
  8 18 of work release and parole violators, as provided in sections
  8 19 901.7, 904.908, and 906.17 and for offenders confined pursuant
  8 20 to section 904.513:
  8 21 .................................................. $    799,954
  8 22                                                       1,199,954
  8 23                    DEPARTMENT OF CORRECTIONS
  8 24                         ADMINISTRATION
  8 25    Sec. 14.  2006 Iowa Acts, chapter 1183, section 5,
  8 26 subsection 1, paragraph a, unnumbered paragraph 1, is amended
  8 27 to read as follows:
  8 28    For general administration, including salaries, support,
  8 29 maintenance, employment of an education director to administer
  8 30 a centralized education program for the correctional system,
  8 31 and miscellaneous purposes:
  8 32 .................................................. $  3,928,438
  8 33                                                       4,128,438
  8 34                   DEPARTMENT OF PUBLIC SAFETY
  8 35               DIVISION OF CRIMINAL INVESTIGATION
  9  1    Sec. 15.  2006 Iowa Acts, chapter 1183, section 16,
  9  2 subsection 2, unnumbered paragraph 1, is amended to read as
  9  3 follows:
  9  4    For the division of criminal investigation, including the
  9  5 state's contribution to the peace officers' retirement,
  9  6 accident, and disability system provided in chapter 97A in the
  9  7 amount of 17 percent of the salaries for which the funds are
  9  8 appropriated, to meet federal fund matching requirements, and
  9  9 for not more than the following full=time equivalent
  9 10 positions:
  9 11 .................................................. $ 18,673,875
  9 12                                                      19,140,375
  9 13 ............................................... FTEs     270.50
  9 14                   DEPARTMENT OF PUBLIC SAFETY
  9 15                       STATE FIRE MARSHAL
  9 16    Sec. 16.  2006 Iowa Acts, chapter 1183, section 16,
  9 17 subsection 5, paragraph a, is amended to read as follows:
  9 18    a.  For the division of state fire marshal, including the
  9 19 state's contribution to the peace officers' retirement,
  9 20 accident, and disability system provided in chapter 97A in the
  9 21 amount of 17 percent of the salaries for which the funds are
  9 22 appropriated, and for not more than the following full=time
  9 23 equivalent positions:
  9 24 .................................................. $  2,513,247
  9 25                                                       2,613,247
  9 26 ............................................... FTEs      41.00
  9 27                   DEPARTMENT OF PUBLIC SAFETY
  9 28                          STATE PATROL
  9 29    Sec. 17.  2006 Iowa Acts, chapter 1183, section 16,
  9 30 subsection 6, unnumbered paragraph 1, is amended to read as
  9 31 follows:
  9 32    For the division of state patrol, for salaries, support,
  9 33 maintenance, workers' compensation costs, and miscellaneous
  9 34 purposes, including the state's contribution to the peace
  9 35 officers' retirement, accident, and disability system provided
 10  1 in chapter 97A in the amount of 17 percent of the salaries for
 10  2 which the funds are appropriated, and for not more than the
 10  3 following full=time equivalent positions:
 10  4 .................................................. $ 45,185,618
 10  5                                                      45,335,618
 10  6 ............................................... FTEs     531.00
 10  7    Sec. 18.  EQUIPMENT.  There is appropriated from the
 10  8 general fund of the state to the department of public safety
 10  9 for the fiscal year beginning July 1, 2006, and ending June
 10 10 30, 2007, the following amount, or so much thereof as is
 10 11 necessary, to be used for the purposes designated:
 10 12    For equipment costs:
 10 13 .................................................. $    300,000
 10 14    Notwithstanding section 8.33, moneys appropriated in this
 10 15 section that remain unencumbered or unobligated at the close
 10 16 of the fiscal year shall not revert but shall remain available
 10 17 for expenditure for the purposes designated until the close of
 10 18 the succeeding fiscal year.
 10 19                           DIVISION V
 10 20            INFRASTRUCTURE, TECHNOLOGY, AND EQUIPMENT
 10 21                REBUILD IOWA INFRASTRUCTURE FUND
 10 22    Sec. 19.  IOWA JUVENILE HOME.  There is appropriated from
 10 23 the rebuild Iowa infrastructure fund to the department of
 10 24 administrative services for the fiscal year beginning July 1,
 10 25 2006, and ending June 30, 2007, the following amount, or so
 10 26 much thereof as is necessary, to be used for the purpose
 10 27 designated:
 10 28    For the Iowa juvenile home powerhouse:
 10 29 .................................................. $  7,035,000
 10 30    Notwithstanding section 8.33, moneys appropriated in this
 10 31 section that remain unencumbered or unobligated at the close
 10 32 of the fiscal year shall not revert but shall remain available
 10 33 for expenditure for the purposes designated until the close of
 10 34 the fiscal year that begins July 1, 2010, or until the project
 10 35 for which the appropriation was made is completed, whichever
 11  1 is earlier.
 11  2       TOBACCO SETTLEMENT TRUST FUND AND ROAD USE TAX FUND
 11  3    Sec. 20.  FY 2006=2007.  There is appropriated from the
 11  4 tax=exempt bond proceeds restricted capital funds account of
 11  5 the tobacco settlement trust fund to the following departments
 11  6 and agencies for the fiscal year beginning July 1, 2006, and
 11  7 ending June 30, 2007, the following amounts, or so much
 11  8 thereof as is necessary, to be used for the purposes
 11  9 designated:
 11 10    1.  DEPARTMENT OF ADMINISTRATIVE SERVICES
 11 11    a.  For costs associated with the replacement of the roof
 11 12 at the governor's mansion at Terrace Hill:
 11 13 .................................................. $    700,000
 11 14    b.  For upgrades to the electrical distribution system
 11 15 serving the capitol complex:
 11 16 .................................................. $    800,000
 11 17    2.  DEPARTMENT OF PUBLIC SAFETY
 11 18    For costs associated with the acquisition and maintenance
 11 19 of property, the purchase and installation of radio consoles
 11 20 at public safety facilities, and the purchase of equipment:
 11 21 .................................................. $  2,400,000
 11 22                 CHANGES TO PRIOR APPROPRIATIONS
 11 23              DEPARTMENT OF ADMINISTRATIVE SERVICES
 11 24                          FY 2004=2005
 11 25    Sec. 21.  2004 Iowa Acts, chapter 1175, section 304,
 11 26 subsection 1, paragraph a, is amended to read as follows:
 11 27    a.  For the payment of claims relating to the purchase and
 11 28 implementation of an integrated information for Iowa system,
 11 29 notwithstanding section 12E.12, subsection 1, paragraph "b",
 11 30 subparagraph (1):
 11 31 .................................................. $  6,049,284
 11 32                                                       4,549,284
 11 33                   DEPARTMENT OF PUBLIC SAFETY
 11 34                          FY 2005=2006
 11 35    Sec. 22.  2006 Iowa Acts, chapter 1179, section 12,
 12  1 subsection 1, paragraph e, is amended to read as follows:
 12  2    e.  DEPARTMENT OF PUBLIC SAFETY
 12  3    For construction of an Iowa state patrol post in district
 12  4 8:
 12  5 .................................................. $  2,400,000
 12  6                                                               0
 12  7                  OFFICE OF TREASURER OF STATE
 12  8    Sec. 23.  There is appropriated from the road use tax fund
 12  9 to the office of the treasurer of state for the fiscal year
 12 10 beginning July 1, 2006, and ending June 30, 2007, the
 12 11 following amount, or so much thereof as is necessary, to be
 12 12 used for the purposes designated:
 12 13    For information technology=related expenses:
 12 14 .................................................. $     93,148
 12 15                           DIVISION VI
 12 16                      OTHER APPROPRIATIONS
 12 17    Sec. 24.  COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
 12 18 DEVELOPMENTAL DISABILITIES FUNDING.  There is appropriated
 12 19 from the property tax relief fund created in section 426B.1 to
 12 20 the department of human services for the fiscal year beginning
 12 21 July 1, 2006, and ending June 30, 2007, the following amount,
 12 22 or so much thereof as is necessary, to be used for the
 12 23 purposes designated:
 12 24    For payment to a county with a population of more than
 12 25 8,650 but less than 9,000, according to the 2005 population
 12 26 estimate issued by the federal government, of an amount equal
 12 27 to the second property tax relief fund distribution that was
 12 28 payable to the county in January 2006, not to exceed the
 12 29 amount appropriated in this section, had the county met the
 12 30 requirement under section 331.439, subsection 1, paragraph
 12 31 "a", to report by December 1, 2005, expenditures for mental
 12 32 health, mental retardation, and developmental disabilities for
 12 33 the previous fiscal year:
 12 34 .................................................. $    121,124
 12 35    The county shall credit the amount received by the county
 13  1 pursuant to the appropriation made in this section to the
 13  2 county's mental health, mental retardation, and developmental
 13  3 disabilities services fund created under section 331.424A, for
 13  4 expenditure from the services fund as provided by law.
 13  5    Sec. 25.  ALLOWED GROWTH FUNDING.
 13  6    1.  There is appropriated from the property tax relief fund
 13  7 created in section 426B.1 to the department of human services
 13  8 for the fiscal year beginning July 1, 2006, and ending June
 13  9 30, 2007, the following amount, or so much thereof as is
 13 10 necessary, to be used for the purposes designated:
 13 11    For allocation to a county as provided in this section:
 13 12 .................................................. $    121,960
 13 13    2.  There is appropriated from the general fund of the
 13 14 state to the department of human services for the fiscal year
 13 15 beginning July 1, 2006, and ending June 30, 2007, the
 13 16 following amount, or so much thereof as is necessary, to be
 13 17 used for the purposes designated:
 13 18    For allocation to a county as provided in this section:
 13 19 .................................................. $     52,265
 13 20    3.  The appropriations made in this section shall be
 13 21 allocated to a county with a general population of more than
 13 22 10,500 but less than 10,600, according to the most recent
 13 23 population estimate issued by the federal government, and that
 13 24 met the requirements for distribution in January 2007 of
 13 25 allowed growth factor adjustment funding under the per capita
 13 26 expenditure target pool provisions in accordance with sections
 13 27 331.438 and 426B.5 and 2005 Iowa Acts, chapter 179, section 1,
 13 28 as amended by 2006 Iowa Acts, chapter 1184, section 73, except
 13 29 that the county's per capita expenditure amount was in excess
 13 30 of the statewide per capita expenditure target amount.
 13 31    The county receiving the allocation made in this section
 13 32 shall credit the allocation to the county's mental health,
 13 33 mental retardation, and developmental disabilities services
 13 34 fund under section 331.424A.
 13 35                          DIVISION VII
 14  1                      REAL ESTATE EDUCATION
 14  2    Sec. 26.  NEW SECTION.  268.6  REAL ESTATE EDUCATION
 14  3 PROGRAM.
 14  4    There is appropriated from the general fund of the state to
 14  5 the state board of regents for the fiscal year beginning July
 14  6 1, 2008, and for each succeeding fiscal year, one hundred
 14  7 sixty thousand dollars for allocation to the university of
 14  8 northern Iowa to be used for continuation of the real estate
 14  9 education program.
 14 10    Sec. 27.  Section 543B.54, Code 2007, is amended to read as
 14 11 follows:
 14 12    543B.54  REAL ESTATE EDUCATION FUND.
 14 13    1.  The Iowa real estate education fund is created as a
 14 14 financial assurance mechanism to assist in the establishment
 14 15 and maintenance of a college credit real estate education
 14 16 program at the university of northern Iowa programs at Iowa
 14 17 community colleges and other Iowa colleges and universities,
 14 18 and to assist the real estate commission in providing an
 14 19 education director.  The fund is created as a separate fund in
 14 20 the state treasury, and any funds remaining in the fund at the
 14 21 end of each fiscal year shall not revert to the general fund,
 14 22 but shall remain in the Iowa real estate education fund.
 14 23    2.  Twenty=five dollars per license from fees deposited for
 14 24 each real estate salesperson's license and each broker's
 14 25 license shall be distributed and are appropriated to the board
 14 26 of regents real estate commission for the purpose of
 14 27 establishing and maintaining a real estate education program
 14 28 at the university of northern Iowa a program to provide grants
 14 29 to community colleges and other colleges and universities in
 14 30 the state providing programs under this section and using the
 14 31 curriculum maintained by the commission.  Grants shall be
 14 32 awarded by a grant committee established by the real estate
 14 33 commission.  The committee shall consist of seven members:
 14 34 two members of the commission, four members of the Iowa
 14 35 association of realtors, and one member of the general public.
 15  1 The commission shall promulgate rules relating to the
 15  2 organization and operation of the committee, which shall
 15  3 include the term of membership, and establishing standards for
 15  4 awarding grants.  The members of the committee may be
 15  5 reimbursed for actual and necessary expenses incurred in the
 15  6 performance of their duties but shall not receive a per diem
 15  7 payment.
 15  8    3.  The remaining moneys in the fund shall be distributed
 15  9 and are appropriated to the professional licensing and
 15 10 regulation bureau of the banking division of the department of
 15 11 commerce for the purpose of hiring and compensating a real
 15 12 estate education director and regulatory compliance personnel.
 15 13    Sec. 28.  REAL ESTATE EDUCATION PROGRAM.  There is
 15 14 appropriated from the general fund of the state to the state
 15 15 board of regents for the fiscal year beginning July 1, 2006,
 15 16 and ending June 30, 2007, the following amount, or so much
 15 17 thereof as is necessary, to be used for the purposes
 15 18 designated:
 15 19    For allocation to the university of northern Iowa for the
 15 20 real estate education program for expenditure after June 30,
 15 21 2007:
 15 22 .................................................. $    160,000
 15 23    Notwithstanding section 8.33, moneys appropriated in this
 15 24 section that remain unencumbered or unobligated at the close
 15 25 of the fiscal year shall not revert but shall remain available
 15 26 for expenditure for the purposes designated until the close of
 15 27 the succeeding fiscal year.
 15 28    Sec. 29.  EFFECTIVE DATE.  The sections of this division of
 15 29 this Act enacting section 268.6 and amending section 534B.54
 15 30 take effect July 1, 2007.
 15 31                          DIVISION VIII
 15 32                 DISPOSAL OF STATE REAL PROPERTY
 15 33    Sec. 30.  Section 8D.11, subsection 1, Code 2007, is
 15 34 amended to read as follows:
 15 35    1.  The commission may purchase, lease, and improve
 16  1 property, equipment, and services for telecommunications for
 16  2 public and private agencies and may dispose of property and
 16  3 equipment when not necessary for its purposes.  However, the
 16  4 commission shall not enter into a contract for the purchase,
 16  5 lease, or improvement of property, equipment, or services for
 16  6 telecommunications pursuant to this subsection in an amount
 16  7 greater than one million dollars without prior authorization
 16  8 by a constitutional majority of each house of the general
 16  9 assembly, or approval by the legislative council if the
 16 10 general assembly is not in session.  The sale, exchange, or
 16 11 other means of disposal of property with a fair market value
 16 12 of five million dollars or more requires the prior
 16 13 authorization of a constitutional majority of each house of
 16 14 the general assembly and approval by the governor.  The
 16 15 commission shall not issue any bonding or other long=term
 16 16 financing arrangements as defined in section 12.30, subsection
 16 17 1, paragraph "b".  Real or personal property to be purchased
 16 18 by the commission through the use of a financing agreement
 16 19 shall be done in accordance with the provisions of section
 16 20 12.28, provided, however, that the commission shall not
 16 21 purchase property, equipment, or services for
 16 22 telecommunications pursuant to this subsection in an amount
 16 23 greater than one million dollars without prior authorization
 16 24 by a constitutional majority of each house of the general
 16 25 assembly, or approval by the legislative council if the
 16 26 general assembly is not in session.
 16 27    Sec. 31.  Section 29A.57, subsection 2, Code 2007, is
 16 28 amended to read as follows:
 16 29    2.  The board may acquire land or real estate by purchase,
 16 30 contract for purchase, gift, or bequest and acquire, own,
 16 31 contract for the construction of, erect, purchase, maintain,
 16 32 alter, operate, and repair installations and facilities of the
 16 33 Iowa national guard and the Iowa air national guard when funds
 16 34 for the installations and facilities are made available by the
 16 35 federal government, the state of Iowa, municipalities,
 17  1 corporations or individuals.  The title to the property so
 17  2 acquired shall be taken in the name of the state of Iowa and
 17  3 the real estate.  If recommended by the board and authorized
 17  4 by a constitutional majority of each house of the general
 17  5 assembly and approved by the governor, real property with a
 17  6 fair market value of five million dollars or more may be sold
 17  7 or exchanged by the executive council, upon recommendation of
 17  8 the board, when it is no longer needed for the purpose for
 17  9 which it was acquired.  Income or revenue derived from the
 17 10 sale of the real estate shall be credited to the national
 17 11 guard facilities improvement fund and used for the purposes
 17 12 specified in section 29A.14, subsection 2.
 17 13    Sec. 32.  Section 99G.21, subsection 3, Code 2007, is
 17 14 amended to read as follows:
 17 15    3.  Notwithstanding any other provision of law, any
 17 16 purchase of real property and any borrowing of more than one
 17 17 million dollars by the authority shall require written notice
 17 18 from the authority to the legislative government oversight
 17 19 committees and the prior approval of the executive council.
 17 20 The sale, exchange, or other means of disposal of real
 17 21 property with a fair market value of five million dollars or
 17 22 more requires the authorization of a constitutional majority
 17 23 of each house of the general assembly and approval by the
 17 24 governor.
 17 25    Sec. 33.  Section 173.14, subsection 8, Code 2007, is
 17 26 amended to read as follows:
 17 27    8.  Take, acquire, hold, and dispose of property by deed,
 17 28 gift, devise, bequest, lease, or eminent domain.  The title to
 17 29 real estate acquired under this subsection and improvements
 17 30 erected on the real estate shall be taken and held in the name
 17 31 of the state of Iowa and shall be under the custody and
 17 32 control of the board.  The sale, exchange, or other means of
 17 33 disposal of real property with a fair market value of five
 17 34 million dollars or more requires the prior authorization of a
 17 35 constitutional majority of each house of the general assembly
 18  1 and approval by the governor.  In the exercise of the power of
 18  2 eminent domain the board shall proceed in the manner provided
 18  3 in chapters 6A and 6B.
 18  4    Sec. 34.  Section 260C.14, subsection 6, Code 2007, is
 18  5 amended to read as follows:
 18  6    6.  Have authority to sell a student=constructed building
 18  7 and the property on which the student=constructed building is
 18  8 located or any article resulting from any vocational program
 18  9 or course offered at a community college by any procedure
 18 10 which may be adopted by the board.  However, the sale,
 18 11 exchange, or other means of disposal of real property with a
 18 12 fair market value of five million dollars or more requires the
 18 13 prior authorization of a constitutional majority of each house
 18 14 of the general assembly and approval by the governor.
 18 15 Governmental agencies and governmental subdivisions of the
 18 16 state within the merged areas shall be given preference in the
 18 17 purchase of such articles.  All revenue received from the sale
 18 18 of any article shall be credited to the funds of the board of
 18 19 the merged area.
 18 20    Sec. 35.  Section 262.9, subsection 7, Code 2007, is
 18 21 amended to read as follows:
 18 22    7.  Acquire real estate for the proper uses of institutions
 18 23 under its control, and dispose of real estate belonging to the
 18 24 institutions when not necessary for their purposes.  The sale,
 18 25 exchange, or other means of disposal of real property with a
 18 26 fair market value of five million dollars or more requires the
 18 27 prior authorization of a constitutional majority of each house
 18 28 of the general assembly and approval by the governor.  The
 18 29 disposal of real estate shall be made upon such terms,
 18 30 conditions, and consideration as the board may recommend.  If
 18 31 real estate subject to sale has been purchased or acquired
 18 32 from appropriated funds, the proceeds of such sale shall be
 18 33 deposited with the treasurer of state and credited to the
 18 34 general fund of the state.  There is hereby appropriated from
 18 35 the general fund of the state a sum equal to the proceeds so
 19  1 deposited and credited to the general fund of the state to the
 19  2 state board of regents, which may be used to purchase other
 19  3 real estate and buildings and for the construction and
 19  4 alteration of buildings and other capital improvements.  All
 19  5 transfers shall be by state patent in the manner provided by
 19  6 law.  The board is also authorized to grant easements for
 19  7 rights=of=way over, across, and under the surface of public
 19  8 lands under its jurisdiction when in the board's judgment such
 19  9 easements are desirable and will benefit the state of Iowa.
 19 10    Sec. 36.  Section 313.2, unnumbered paragraph 5, Code 2007,
 19 11 is amended to read as follows:
 19 12    The department, either alone or in co=operation cooperation
 19 13 with any county, shall have the authority to may utilize any
 19 14 land acquired incidental to the acquisition of land for
 19 15 highway right of way and to also accept by gift, lands not
 19 16 exceeding two acres in area for roadside parks and parking
 19 17 areas.  The department may furnish necessary maintenance.  The
 19 18 department shall also have authority to may accept by gift,
 19 19 equipment or other installations incidental to the use of said
 19 20 such parks and parking areas.  Said Such parks and parking
 19 21 areas shall be a part of the primary road system and the
 19 22 department may at its discretion sell or otherwise dispose of
 19 23 said such lands.  The sale, exchange, or other means of
 19 24 disposal of any real property with a fair market value of five
 19 25 million dollars or more requires the prior authorization of a
 19 26 constitutional majority of each house of the general assembly
 19 27 and approval by the governor.
 19 28    Sec. 37.  Section 455A.5, subsection 6, paragraph c, Code
 19 29 2007, is amended to read as follows:
 19 30    c.  Approve or disapprove proposals for the acquisition or
 19 31 disposal of state lands and waters relating to state parks,
 19 32 recreational facilities, and wildlife programs, submitted by
 19 33 the director.  The sale, exchange, or other means of disposal
 19 34 of real property with a fair market value of five million
 19 35 dollars or more requires the authorization of a constitutional
 20  1 majority of each house of the general assembly and approval by
 20  2 the governor.
 20  3    Sec. 38.  Section 904.317, Code 2007, is amended to read as
 20  4 follows:
 20  5    904.317  DIRECTOR MAY BUY AND SELL REAL ESTATE == OPTIONS.
 20  6    1.  The director, subject to the approval of the board, may
 20  7 secure options to purchase real estate and acquire and sell
 20  8 real estate for the proper uses of the institutions.  Real
 20  9 estate shall be acquired and sold upon terms and conditions
 20 10 the director recommends subject to the approval of the board.
 20 11 However, the sale, exchange, or other means of disposal of
 20 12 real property with a fair market value of five million dollars
 20 13 or more requires the authorization of a constitutional
 20 14 majority of each house of the general assembly and approval by
 20 15 the governor.  Upon sale of the real estate, the proceeds
 20 16 shall be deposited with the treasurer of state and credited to
 20 17 the general fund of the state.  There is appropriated from the
 20 18 general fund of the state to the department a sum equal to the
 20 19 proceeds so deposited and credited to the general fund of the
 20 20 state which may be used to purchase other real estate or for
 20 21 capital improvements upon property under the director's
 20 22 supervision.
 20 23    2.  The costs incident to the securing of options and
 20 24 acquisition and sale of real estate including, but not limited
 20 25 to, appraisals, invitations for offers, abstracts, and other
 20 26 necessary costs, may be paid from moneys appropriated for
 20 27 support and maintenance to the institution at which the real
 20 28 estate is located.  The fund shall be reimbursed from the
 20 29 proceeds of the sale.
 20 30                           DIVISION IX
 20 31                         EFFECTIVE DATE
 20 32    Sec. 39.  EFFECTIVE DATE.  Except as provided otherwise,
 20 33 this Act, being deemed of immediate importance, takes effect
 20 34 upon enactment.
 20 35
 21  1
 21  2                                                             
 21  3                               JOHN P. KIBBIE
 21  4                               President of the Senate
 21  5
 21  6
 21  7                                                             
 21  8                               PATRICK J. MURPHY
 21  9                               Speaker of the House
 21 10
 21 11    I hereby certify that this bill originated in the Senate and
 21 12 is known as Senate File 403, Eighty=second General Assembly.
 21 13
 21 14
 21 15                                                             
 21 16                               MICHAEL E. MARSHALL
 21 17                               Secretary of the Senate
 21 18 Approved                , 2007
 21 19
 21 20
 21 21                                
 21 22 CHESTER J. CULVER
 21 23 Governor