SENATE/HOUSE FILE _____
BY  COMMITTEE ON ECONOMIC GROWTH
(SUCCESSOR TO )


A BILL FOR

An Act relating to animal biotechnology by creating an animal biotechnology commercialization fund, extending the time period during which a life science enterprise may purchase agricultural land, making appropriations, and providing an effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 10C.6, subsection 1, paragraph a, subparagraph (1), Code 2003, is amended to read as follows:
   (1)  The life science enterprise acquires the agricultural
land on or before June 30, 20042008.
    Sec. 2.  Section 12E.12, subsection 1, paragraph b, subparagraph (1), Code 2003, is amended to read as follows:
   (1)  The tax-exempt bond proceeds restricted capital funds
account. The net proceeds of tax-exempt bonds issued to
provide funds for capital projects, certain debt service, and
attorney fees related to the master settlement agreement which
the state treasurer is authorized and directed to deposit on
behalf of the state shall be deposited in the account and
shall be used to fund capital projects, certain debt service,
and the payment of attorney fees related to the master
settlement agreement. The funding of capital projects may
take the form of grants.
With respect to capital projects, it
is the intent of the general assembly to fund capital projects
that qualify as vertical infrastructure projects as defined in
section 8.57, subsection 5, paragraph "c", to the extent
practicable in any fiscal year and without limiting other
qualifying capital expenditures considered and approved by a
constitutional majority of each house of the general assembly
and the governor.
    Sec. 3.  NEW SECTION  15E.221  ANIMAL BIOTECHNOLOGY COMMERCIALIZATION FUND.  
   1.  An animal biotechnology commercialization fund is
created in the state treasury under the control of the
department of economic development. Moneys in the fund shall
be used to provide financial assistance in the form of grants
and loans for all of the following:
   a.  Constructing infrastructure and developing proprietary
biotechnology interests in order to implement life science
enterprise plans approved by the department pursuant to
section 15.104.
   b.  Constructing facilities for the purification of animal
life science products which facilities shall, in part, be
available in a commercially reasonable manner to other
companies engaging in the business of purification of animal
life science products. At least ten million dollars of the
total cost of constructing such a facility must be paid for
through the use of any combination of federal, local, and
private moneys.
   c.  Constructing commercial animal biodefense
pharmaceutical production and processing facilities in this
state, provided that an Iowa-based qualified life science
enterprise holds an equity interest in the facilities. Prior
to receiving financial assistance under this paragraph, the
recipient must be a party to a federal contract for the
construction of a facility described in this paragraph.
   2.  The fund shall consist of moneys appropriated by the
general assembly for deposit in the fund, and other moneys
available to and obtained or accepted by the department for
deposit in the fund. Moneys in the fund are appropriated to
the department to be used for the purposes provided in this
section.
   3.  Any financial assistance received from the fund shall
not be used for purposes of purchasing agricultural land.
   4.
  a.  Applications for financial assistance for projects
described in subsection 1, paragraphs "a" and "b", shall be
filed with the department not later than May 30, 2003, and
shall be acted upon by the department not later than June 30,
2003. Administrative rules relating to the time frame for the
approval or disapproval of life science enterprise plans shall
not apply to the time frame for the application process under
this subsection.
   b.  Applications for financial assistance for projects
described in subsection 1, paragraph "c", shall be filed with
the department not later than July 1, 2005, and financial
assistance provided to such projects shall be expended not
later than June 30, 2006.
   5.  A financial assistance award approved under this
section may involve the disbursement of moneys from the fund
over a period of more than one year.
   6.  Notwithstanding section 8.33, all moneys in the animal
biotechnology commercialization fund which remain unexpended
or unobligated at the close of the fiscal year shall not
revert, but shall remain available for expenditure for
subsequent fiscal years. Notwithstanding section 12C.7,
interest or earnings on moneys in the fund shall be credited
to the fund.
    Sec. 4.
   TAX-EXEMPT BOND PROCEEDS RESTRICTED CAPITAL FUNDS ACCOUNT OF THE TOBACCO SETTLEMENT TRUST FUND — APPROPRIATION.
   
   1.  There is appropriated from the tax-exempt bond proceeds
restricted capital funds account of the tobacco settlement
trust fund established in section 12E.12 to the department of
economic development for the fiscal period beginning July 1,
2002, and ending June 30, 2005, the following amounts, or so
much thereof as is necessary, to be used for the purposes
designated:
   a.  For deposit in the animal biotechnology
commercialization fund created in section 15E.221 to be used
for purposes of projects described in section 15E.221,
subsection 1, paragraph "b":
FY 2002-2003 ..................................... $ 5,000,000
FY 2003-2004 ..................................... $ 5,000,000
FY 2004-2005 ..................................... $ 0
   b.  For deposit in the animal biotechnology
commercialization fund created in section 15E.221 to be used
for purposes of projects described in section 15E.221,
subsection 1, paragraph "c":
FY 2002-2003 ..................................... $ 0
FY 2003-2004 ..................................... $ 0
FY 2004-2005 ..................................... $ 10,000,000
   2.  Any financial assistance awarded from the animal
biotechnology commercialization fund using moneys from the
appropriations made under this section shall be in the form of
grants.
   3.  Any moneys remaining in the fund from the
appropriations under this section that are unexpended or
unobligated on June 30, 2006, shall revert to the tax-exempt
bond proceeds restricted capital funds account of the tobacco
settlement trust fund on June 30, 2006.
    Sec. 5.
   REBUILD IOWA INFRASTRUCTURE FUND — APPROPRIATION.
   
   1.  There is appropriated from the rebuild Iowa
infrastructure fund created in section 8.57, subsection 5,
paragraph "a", to the department of economic development for
the fiscal period beginning July 1, 2003, and ending June 30,
2005, the following amounts, or so much thereof as is
necessary, to be used for the purposes designated:
   a.  For deposit in the animal biotechnology
commercialization fund created in section 15E.221 to be used
for purposes of projects described in section 15E.221,
subsection 1, paragraph "a":
FY 2003-2004 ..................................... $ 0
FY 2004-2005 ..................................... $ 5,000,000
   b.  For deposit in the animal biotechnology
commercialization fund created in section 15E.221 to be used
for purposes of projects described in section 15E.221,
subsection 1, paragraph "b":
FY 2003-2004 ..................................... $ 5,000,000
FY 2004-2005 ..................................... $ 0
   2.  Any financial assistance awarded from the animal
biotechnology commercialization fund using moneys from the
appropriations made under this section shall be in the form of
loans, forgivable loans, loan guarantees, principal buy-downs,
interest buy-downs, equity-like investments, or cost
reimbursement for technical or professional management
services. For purposes of this subsection, "equity-like
investments" means the provision of assistance in such a
manner that the potential return on investment to the provider
varies according to the profitability of the company assisted.
"Equity-like investments" includes royalty arrangements,
warrant arrangements, or other similar forms of investments.
Repayments of principal and interest on loans made from the
animal biotechnology commercialization fund shall be deposited
in the rebuild Iowa infrastructure fund.
   3.  Any moneys remaining in the animal biotechnology
commercialization fund from the appropriations under this
section that are unexpended or unobligated on June 30, 2006,
shall revert to the rebuild Iowa infrastructure fund on June
30, 2006.
    Sec. 6.
   STATE BOARD OF REGENTS APPROPRIATION.
   There is
appropriated from the tax-exempt bond proceeds restricted
capital funds account of the tobacco settlement trust fund
established in section 12E.12 to the state board of regents
for the fiscal year beginning July 1, 2003, and ending June
30, 2004, the following amount, or so much thereof as is
necessary, to be used for the purpose designated:
   For the construction of an animal biotechnology commercial
pharmaceutical research center to be built in cooperation with
the establishment by private and local sources of an animal
biotechnology business development center:
.................................................. $ 3,000,000
    Sec. 7.
   EFFECTIVE DATE.
   This Act, being deemed of
immediate importance, takes effect upon enactment.