House Study Bill 730
HOUSE FILE
BY (PROPOSED COMMITTEE ON
APPROPRIATIONS BILL
BY CHAIRPERSON DIX)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to and making appropriations to state departments
2 and agencies from the rebuild Iowa infrastructure fund,
3 environment first fund, tobacco settlement trust fund, state
4 general fund, and primary road fund, and making related and
5 corrective changes and providing effective dates.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 5180HC 80
8 nh/sh/8
PAG LIN
1 1 DIVISION I
1 2 REBUILD IOWA INFRASTRUCTURE FUND
1 3 Section 1. There is appropriated from the rebuild Iowa
1 4 infrastructure fund to the following departments and agencies
1 5 for the designated fiscal years, the following amounts, or so
1 6 much thereof as is necessary, to be used for the purposes
1 7 designated:
1 8 1. DEPARTMENT OF ADMINISTRATIVE SERVICES
1 9 a. For routine maintenance of state buildings and
1 10 facilities, notwithstanding section 8.57, subsection 5,
1 11 paragraph "c":
1 12 FY 2004=2005...................................... $ 1,500,000
1 13 b. For relocation costs directly associated with
1 14 remodeling projects on the capitol complex and for facility
1 15 lease payments for the department of corrections, the Iowa
1 16 department of public health, and the department of public
1 17 safety, notwithstanding section 8.57, subsection 5, paragraph
1 18 "c":
1 19 FY 2004=2005...................................... $ 2,271,617
1 20 c. For technology improvement projects, notwithstanding
1 21 section 8.57, subsection 5, paragraph "c":
1 22 FY 2004=2005...................................... $ 361,496
1 23 Of the amount appropriated in this lettered paragraph,
1 24 $288,496 is allocated to maintain and operate the enterprise
1 25 warehouse technology project and $73,000 is allocated to the
1 26 division of criminal and juvenile justice planning of the
1 27 department of human rights for 1.00 full=time equivalent
1 28 position to provide support for the justice data warehouse
1 29 technology project.
1 30 d. For major renovation and major repair needs, including
1 31 health, life, and fire safety needs, and for compliance with
1 32 the federal Americans With Disabilities Act, for state
1 33 buildings and facilities under the purview of the department:
1 34 FY 2004=2005...................................... $ 2,500,000
1 35 (1) Of the amount appropriated in this lettered paragraph,
2 1 up to $375,000 may be used for costs associated with project
2 2 management services in the division of design and construction
2 3 within the general services enterprise of the department,
2 4 notwithstanding section 8.57, subsection 5, paragraph "c".
2 5 (2) Of the amount appropriated in this lettered paragraph,
2 6 $200,000 may be used for costs associated with the vertical
2 7 infrastructure program, notwithstanding section 8.57,
2 8 subsection 5, paragraph "c".
2 9 e. For costs associated with the remodeling of the records
2 10 and property center:
2 11 FY 2004=2005...................................... $ 5,000,000
2 12 FY 2005=2006...................................... $ 4,700,000
2 13 f. For accent lighting systems for the soldiers and
2 14 sailors monument and the Allison monument on the capitol
2 15 complex, notwithstanding section 8.57, subsection 5, paragraph
2 16 "c":
2 17 FY 2004=2005...................................... $ 35,000
2 18 2. DEPARTMENT FOR THE BLIND
2 19 For the remodeling of the orientation center:
2 20 FY 2004=2005...................................... $ 67,000
2 21 3. STATE BOARD OF REGENTS
2 22 For maintenance at the Iowa school for the deaf and the
2 23 Iowa braille and sight saving school:
2 24 FY 2004=2005...................................... $ 500,000
2 25 4. DEPARTMENT OF CORRECTIONS
2 26 For costs of entering into a lease=purchase agreement to
2 27 connect the electrical system supporting the special needs
2 28 unit at Fort Madison:
2 29 FY 2004=2005...................................... $ 333,168
2 30 5. DEPARTMENT OF ECONOMIC DEVELOPMENT
2 31 For accelerated career education program capital projects
2 32 at community colleges that are authorized under chapter 260G
2 33 and that meet the definition of "vertical infrastructure" in
2 34 section 8.57, subsection 5, paragraph "c":
2 35 FY 2004=2005...................................... $ 5,500,000
3 1 The moneys appropriated in this subsection shall be
3 2 allocated equally among the community colleges in the state.
3 3 If any portion of the equal allocation to a community college
3 4 is not obligated or encumbered by April 1, 2005, the
3 5 unobligated and unencumbered portions shall be available for
3 6 use by other community colleges.
3 7 6. DEPARTMENT OF EDUCATION
3 8 a. To provide resources for structural and technological
3 9 improvements to local libraries and for the enrich Iowa
3 10 program, notwithstanding section 8.57, subsection 5, paragraph
3 11 "c":
3 12 FY 2004=2005...................................... $ 600,000
3 13 Funds allocated for purposes of the enrich Iowa program as
3 14 provided in this lettered paragraph shall be distributed by
3 15 the division of libraries and information services to provide
3 16 support for Iowa's libraries.
3 17 b. For maintenance and lease costs associated with part
3 18 III connections, notwithstanding section 8.57, subsection 5,
3 19 paragraph "c":
3 20 FY 2004=2005...................................... $ 2,727,000
3 21 c. For costs associated with the remodeling of the Jessie
3 22 Parker building:
3 23 FY 2004=2005...................................... $ 303,632
3 24 7. DEPARTMENT OF HUMAN SERVICES
3 25 To provide a grant for the planning, design, and
3 26 construction of a residential treatment facility for youth
3 27 with emotional and behavioral disorders:
3 28 FY 2004=2005...................................... $ 250,000
3 29 8. IOWA STATE FAIR AUTHORITY
3 30 For vertical infrastructure projects on the state
3 31 fairgrounds:
3 32 FY 2004=2005...................................... $ 250,000
3 33 For purposes of this subsection, "vertical infrastructure"
3 34 means the same as defined in section 8.57, subsection 5,
3 35 paragraph "c".
4 1 9. DEPARTMENT OF PUBLIC DEFENSE
4 2 a. For planning, design, and construction of a national
4 3 guard readiness center in or near Iowa City:
4 4 FY 2004=2005...................................... $ 2,150,000
4 5 b. For maintenance and repair of national guard armories
4 6 and facilities:
4 7 FY 2004=2005...................................... $ 1,269,636
4 8 c. For construction of a new national guard armory at
4 9 Boone:
4 10 FY 2004=2005...................................... $ 1,096,000
4 11 10. IOWA DEPARTMENT OF PUBLIC HEALTH
4 12 For treatment of addictive disorders, to be utilized for
4 13 the benefit of persons with addictions, notwithstanding
4 14 section 8.57, subsection 5, paragraph "c":
4 15 FY 2004=2005...................................... $ 1,690,000
4 16 It is the intent of the general assembly that from the
4 17 moneys appropriated in this subsection, persons with a dual
4 18 diagnosis of substance abuse and gambling addictions shall be
4 19 given priority in treatment services.
4 20 11. DEPARTMENT OF PUBLIC SAFETY
4 21 a. For capitol building and judicial building security,
4 22 notwithstanding section 8.57, subsection 5, paragraph "c":
4 23 FY 2004=2005...................................... $ 800,000
4 24 b. To expand the current capitol building card access
4 25 system to additional buildings and controlled=access parking
4 26 lots on the capitol complex, notwithstanding section 8.57,
4 27 subsection 5, paragraph "c":
4 28 FY 2004=2005...................................... $ 650,000
4 29 c. For costs of entering into a lease=purchase agreement
4 30 to upgrade the automated fingerprint identification system,
4 31 notwithstanding section 8.57, subsection 5, paragraph "c":
4 32 FY 2004=2005...................................... $ 550,000
4 33 d. For costs associated with improvements to Iowa's
4 34 electronic criminal information records system to comply with
4 35 national crime information center standards, notwithstanding
5 1 section 8.57, subsection 5, paragraph "c":
5 2 FY 2004=2005...................................... $ 500,000
5 3 12. STATE DEPARTMENT OF TRANSPORTATION
5 4 a. For operation and maintenance of the network of
5 5 automated weather observation and data transfer systems
5 6 associated with the Iowa aviation weather system, the runway
5 7 marking program for public airports, the windsock program for
5 8 public airports, and the aviation improvement program,
5 9 notwithstanding section 8.57, subsection 5, paragraph "c":
5 10 FY 2004=2005...................................... $ 500,000
5 11 b. For vertical infrastructure improvements at the
5 12 commercial air service airports within the state:
5 13 FY 2004=2005...................................... $ 1,100,000
5 14 One=half of the funds appropriated in this lettered
5 15 paragraph shall be allocated equally between each commercial
5 16 service airport, 40 percent of the funds shall be allocated
5 17 based on the percentage that the number of enplaned passengers
5 18 at each commercial service airport bears to the total number
5 19 of enplaned passengers in the state during the previous fiscal
5 20 year, and 10 percent of the funds shall be allocated based on
5 21 the percentage that the air cargo tonnage at each commercial
5 22 service airport bears to the total air cargo tonnage in the
5 23 state during the previous fiscal year. In order for a
5 24 commercial service airport to receive funding under this
5 25 lettered paragraph, the airport shall be required to submit
5 26 applications for funding of specific projects to the
5 27 department for approval by the state transportation
5 28 commission.
5 29 c. For a vertical infrastructure improvement grant program
5 30 for improvements at general aviation airports within the
5 31 state:
5 32 FY 2004=2005...................................... $ 581,400
5 33 13. OFFICE OF TREASURER OF STATE
5 34 For county fair infrastructure improvements for
5 35 distribution in accordance with chapter 174 to qualified fairs
6 1 which belong to the association of Iowa fairs:
6 2 FY 2004=2005...................................... $ 1,060,000
6 3 14. COMMISSION OF VETERANS AFFAIRS
6 4 For deposit in the veterans trust fund established in
6 5 section 35A.13, notwithstanding section 8.57, subsection 5,
6 6 paragraph "c":
6 7 FY 2004=2005...................................... $ 1,000,000
6 8 Sec. 2. PAYMENTS IN LIEU OF TUITION. There is
6 9 appropriated from the rebuild Iowa infrastructure fund to the
6 10 state board of regents for the fiscal year beginning July 1,
6 11 2004, and ending June 30, 2005, the following amount, or so
6 12 much thereof as may be necessary, to be used for the purpose
6 13 designated:
6 14 For allocation by the state board of regents to the state
6 15 university of Iowa, the Iowa state university of science and
6 16 technology, and the university of northern Iowa to reimburse
6 17 the institutions for deficiencies in their operating funds
6 18 resulting from the pledging of tuitions, student fees and
6 19 charges, and institutional income to finance the cost of
6 20 providing academic and administrative buildings and facilities
6 21 and utility services at the institutions, notwithstanding
6 22 section 8.57, subsection 5, paragraph "c":
6 23 .................................................. $ 391,804
6 24 Sec. 3. REVERSION. Notwithstanding section 8.33, moneys
6 25 appropriated in sections 1 and 2 of this division of this Act
6 26 shall not revert at the close of the fiscal year for which
6 27 they were appropriated but shall remain available for the
6 28 purposes designated until the close of the fiscal year that
6 29 begins July 1, 2007, or until the project for which the
6 30 appropriation was made is completed, whichever is earlier.
6 31 Sec. 4. 2003 Iowa Acts, chapter 177, section 6, subsection
6 32 2, is amended to read as follows:
6 33 2. For costs associated with the planning for the vacation
6 34 and demolition disposition of the Wallace building:
6 35 .................................................. $ 50,000
7 1 The amount appropriated in this subsection shall be used to
7 2 conduct a complete evaluation and analysis regarding the
7 3 condition of the Wallace building and to make a recommendation
7 4 to the general assembly no later than January 31, 2005, as to
7 5 whether the Wallace building should be renovated for future
7 6 use or vacated and demolished. The recommendation shall
7 7 include cost estimates for renovation of the building and for
7 8 its demolition.
7 9 Sec. 5. 2003 Iowa Acts, chapter 177, section 14, is
7 10 amended to read as follows:
7 11 SEC. 14. REVERSION. Notwithstanding section 8.33, moneys
7 12 appropriated in this division of this Act shall not revert at
7 13 the close of the fiscal year for which they were appropriated
7 14 but shall remain available for the purposes designated until
7 15 the close of the fiscal year that begins July 1, 2006 2007, or
7 16 until the project for which the appropriation was made is
7 17 completed, whichever is earlier.
7 18 Sec. 6. 2003 Iowa Acts, chapter 179, section 140, is
7 19 amended to read as follows:
7 20 SEC. 140. Notwithstanding section 8.33, unencumbered and
7 21 unobligated funds remaining from the appropriation made in
7 22 1996 Iowa Acts, chapter 1218, section 13, subsection 2,
7 23 paragraph "a", subparagraph (2), as amended by 1997 Iowa Acts,
7 24 chapter 215, section 3, and from the appropriation made in
7 25 1997 Iowa Acts, chapter 215, section 4, subsection 1, shall
7 26 not revert but shall be available for the purposes designated
7 27 in those provisions until the close of the fiscal year
7 28 beginning July 1, 2003 2004.
7 29 Of the amount of unencumbered and unobligated funds
7 30 identified in this section, $180,000 shall be used for the
7 31 purposes described in 2003 Iowa Acts, chapter 177, section 6,
7 32 subsection 2, as amended by this 2004 Act.
7 33 Sec. 7. 2002 Iowa Acts, chapter 1173, section 18, as
7 34 amended by 2003 Iowa Acts, chapter 179, section 39, is amended
7 35 to read as follows:
8 1 SEC. 18. POOLED TECHNOLOGY FUNDING == PRIOR ALLOCATIONS ==
8 2 NONREVERSION. Notwithstanding section 8.33, moneys
8 3 appropriated and allocated in 2001 Iowa Acts, chapter 189,
8 4 section 5, subsection 1, which remain unobligated or
8 5 unexpended at the close of the fiscal year for which they were
8 6 appropriated shall not revert, but shall remain available for
8 7 expenditure for the purposes for which they were appropriated
8 8 and allocated, for the fiscal period beginning July 1, 2002,
8 9 and ending June 30, 2004 2005. Notwithstanding the
8 10 expenditure limitation in this section, the information
8 11 technology enterprise within the department of administrative
8 12 services may expend available moneys in the pooled technology
8 13 account established in the office of the treasurer of state to
8 14 complete the comprehensive study required under 2003 Iowa
8 15 Acts, chapter 145, section 290, subsection 2, paragraph "c".
8 16 Sec. 8. 2000 Iowa Acts, chapter 1225, section 2, as
8 17 amended by 2001 Iowa Acts, chapter 185, section 2, is amended
8 18 to read as follows:
8 19 SEC. 2. There is appropriated from the rebuild Iowa
8 20 infrastructure fund to the department of corrections for the
8 21 fiscal year beginning July 1, 2000, and ending June 30, 2001,
8 22 the following amounts, or so much thereof as is necessary, to
8 23 be used for the purposes designated:
8 24 1. To supplement funds appropriated in 1998 Iowa Acts,
8 25 chapter 1219, section 2, subsection 3, for construction of a
8 26 200=bed facility at the Iowa state penitentiary at Fort
8 27 Madison:
8 28 .................................................. $ 3,000,000
8 29 2. For community=based corrections projects:
8 30 .................................................. $ 900,000
8 31 The first $300,000 of the amount appropriated in this
8 32 subsection shall be allocated for community=based corrections
8 33 projects in Council Bluffs. The next $600,000 of the amount
8 34 appropriated in this subsection shall be allocated for
8 35 community=based corrections projects in the judicial district
9 1 in which the city of Davenport is located. These moneys may
9 2 be used by the department to enter into lease-purchasing
9 3 agreements or the payment of rent for such projects.
9 4 Notwithstanding section 8.33 and section 20 of this Act,
9 5 moneys appropriated in subsection 2 that remain unencumbered
9 6 or unobligated at the close of the fiscal year that begins
9 7 July 1, 2003, shall revert at the close of the fiscal year
9 8 that begins July 1, 2006. However, if the projects for which
9 9 the moneys are appropriated are completed in an earlier fiscal
9 10 year, unencumbered or unobligated moneys shall revert at the
9 11 close of that fiscal year.
9 12 Sec. 9. 2000 Iowa Acts, chapter 1225, section 19,
9 13 unnumbered paragraph 2, is amended to read as follows:
9 14 To supplement moneys appropriated in prior fiscal years for
9 15 construction of a new dining hall and food services facility
9 16 and renovation of the former Sheeler food preparation area:
9 17 .................................................. $ 992,000
9 18 Sec. 10. 2000 Iowa Acts, chapter 1225, section 20, is
9 19 amended to read as follows:
9 20 SEC. 20. REVERSION. Notwithstanding section 8.33, moneys
9 21 appropriated in this division of this Act that remain
9 22 unencumbered or unobligated at the close of the fiscal year
9 23 that begins July 1, 2003 2004, shall revert at the close of
9 24 that fiscal year. However, if the projects for which the
9 25 moneys are appropriated are completed in an earlier fiscal
9 26 year, unencumbered or unobligated moneys shall revert at the
9 27 close of that fiscal year.
9 28 Sec. 11. GAMBLING TREATMENT FUND APPROPRIATION == REPEAL.
9 29 The section of 2004 Iowa Acts, Senate File 2298, appropriating
9 30 moneys from the gambling treatment fund to the Iowa department
9 31 of public health, if enacted, is repealed.
9 32 Sec. 12. Sections 4, 6, 7, 8, 9, and 10 of this division
9 33 of this Act, being deemed of immediate importance, take effect
9 34 upon enactment.
9 35 DIVISION II
10 1 ENVIRONMENT FIRST FUND
10 2 Sec. 13. There is appropriated from the environment first
10 3 fund to the following departments and agencies for the fiscal
10 4 year beginning July 1, 2004, and ending June 30, 2005, the
10 5 following amounts, or so much thereof as is necessary, to be
10 6 used for the purposes designated:
10 7 1. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
10 8 a. For the conservation reserve enhancement program to
10 9 restore and construct wetlands for the purposes of
10 10 intercepting tile line runoff, reducing nutrient loss,
10 11 improving water quality, and enhancing agricultural production
10 12 practices:
10 13 .................................................. $ 1,500,000
10 14 Not more than 5 percent of the moneys appropriated in this
10 15 lettered paragraph may be used for costs of administration and
10 16 implementation of soil and water conservation practices.
10 17 b. For continuation of a program that provides
10 18 multiobjective resource protections for flood control, water
10 19 quality, erosion control, and natural resource conservation:
10 20 .................................................. $ 2,700,000
10 21 Not more than 5 percent of the moneys appropriated in this
10 22 lettered paragraph may be used for costs of administration and
10 23 implementation of soil and water conservation practices.
10 24 c. For continuation of a statewide voluntary farm
10 25 management demonstration program to demonstrate the
10 26 effectiveness and adaptability of emerging practices in
10 27 agronomy that protect water resources and provide other
10 28 environmental benefits:
10 29 .................................................. $ 850,000
10 30 Not more than 5 percent of the moneys appropriated in this
10 31 lettered paragraph may be used for costs of administration and
10 32 implementation of soil and water conservation practices.
10 33 Of the amount appropriated in this lettered paragraph,
10 34 $400,000 shall be allocated to the Iowa soybean association's
10 35 agriculture and environment performance program.
11 1 d. For deposit in the alternative drainage system
11 2 assistance fund created in section 460.303 to be used for
11 3 purposes of supporting the alternative drainage system
11 4 assistance program as provided in section 460.304:
11 5 .................................................. $ 500,000
11 6 Not more than 5 percent of the moneys appropriated in this
11 7 lettered paragraph may be used for costs of administration and
11 8 implementation of soil and water conservation practices.
11 9 e. To provide financial assistance for the establishment
11 10 of permanent soil and water conservation practices:
11 11 .................................................. $ 5,500,000
11 12 (1) Not more than 5 percent of the moneys appropriated in
11 13 this lettered paragraph may be allocated for cost=sharing to
11 14 abate complaints filed under section 161A.47.
11 15 (2) Of the moneys appropriated in this lettered paragraph,
11 16 5 percent shall be allocated for financial incentives to
11 17 establish practices to protect watersheds above publicly owned
11 18 lakes of the state from soil erosion and sediment as provided
11 19 in section 161A.73.
11 20 (3) Not more than 30 percent of a district's allocation of
11 21 moneys as financial incentives may be provided for the purpose
11 22 of establishing management practices to control soil erosion
11 23 on land that is row=cropped, including but not limited to no=
11 24 till planting, ridge=till planting, contouring, and contour
11 25 strip=cropping as provided in section 161A.73.
11 26 (4) The state soil conservation committee created in
11 27 section 161A.4 may allocate moneys appropriated in this
11 28 lettered paragraph to conduct research and demonstration
11 29 projects to promote conservation tillage and nonpoint source
11 30 pollution control practices.
11 31 (5) The financial incentive payments may be used in
11 32 combination with department of natural resources moneys.
11 33 (6) Not more than 10 percent of the moneys appropriated in
11 34 this lettered paragraph may be used for costs of
11 35 administration and implementation of soil and water
12 1 conservation practices.
12 2 (7) A minimum of 50 percent of state conservation cost=
12 3 share and state=controlled federal funds shall be used to make
12 4 improvements in watersheds of impaired waters as identified by
12 5 the 303d list.
12 6 f. To encourage and assist farmers in enrolling in and the
12 7 implementation of federal conservation programs and work with
12 8 them to enhance their revegetation efforts to improve water
12 9 quality and habitat:
12 10 .................................................. $ 2,000,000
12 11 g. For deposit in the loess hills development and
12 12 conservation fund created in section 161D.2:
12 13 .................................................. $ 600,000
12 14 Of the amount appropriated in this lettered paragraph,
12 15 $400,000 shall be allocated to the hungry canyons account and
12 16 $200,000 shall be allocated to the loess hills alliance
12 17 account, to be used for the purposes for which the moneys in
12 18 those accounts are authorized to be used under chapter 161D.
12 19 No more than 5 percent of the moneys allocated to each account
12 20 in this lettered paragraph may be used for administrative
12 21 costs.
12 22 h. For deposit in the southern Iowa development and
12 23 conservation fund created in section 161D.12:
12 24 .................................................. $ 300,000
12 25 No more than 5 percent of the moneys appropriated in this
12 26 lettered paragraph may be used for administrative costs.
12 27 2. DEPARTMENT OF ECONOMIC DEVELOPMENT
12 28 For deposit in the brownfield redevelopment fund created in
12 29 section 15.293 to provide assistance under the brownfield
12 30 redevelopment program:
12 31 .................................................. $ 500,000
12 32 3. DEPARTMENT OF NATURAL RESOURCES
12 33 a. To provide local watershed managers with geographic
12 34 information system data for their use in developing,
12 35 monitoring, and displaying results of their watershed work:
13 1 .................................................. $ 195,000
13 2 b. For statewide coordination of volunteer efforts under
13 3 the water quality and keepers of the land programs:
13 4 .................................................. $ 100,000
13 5 c. For continuing the establishment and operation of water
13 6 quality monitoring stations:
13 7 .................................................. $ 2,955,000
13 8 d. For deposit in the administration account of the water
13 9 quality protection fund, to carry out the purposes of that
13 10 account:
13 11 .................................................. $ 500,000
13 12 e. For air quality monitoring equipment:
13 13 .................................................. $ 500,000
13 14 f. For the dredging of lakes, including necessary
13 15 preparation for dredging, in accordance with the department's
13 16 classification of Iowa lakes restoration report:
13 17 .................................................. $ 1,000,000
13 18 The department shall consider the following criteria for
13 19 funding lake dredging projects as provided in this lettered
13 20 paragraph, and shall prioritize projects based on the
13 21 following:
13 22 (1) Documented efforts to address watershed protection,
13 23 considering testing, conservation efforts, and amount of time
13 24 devoted to watershed protection.
13 25 (2) Protection of a natural resource and natural habitat.
13 26 (3) Percentage of public access and undeveloped lakefront
13 27 property.
13 28 (4) Continuation of current projects partially funded by
13 29 state resources to achieve department recommendations.
13 30 g. For purposes of funding capital projects for the
13 31 purposes specified in section 452A.79, and for expenditures
13 32 for the local cost share grants to be used for capital
13 33 expenditures to local governmental units for boating
13 34 accessibility:
13 35 .................................................. $ 2,300,000
14 1 h. For regular maintenance of state parks and staff time
14 2 associated with these activities:
14 3 .................................................. $ 2,000,000
14 4 RESOURCES ENHANCEMENT AND PROTECTION FUND
14 5 Sec. 14. Notwithstanding the amount of the standing
14 6 appropriation from the general fund of the state under section
14 7 455A.18, subsection 3, there is appropriated from the
14 8 environment first fund to the Iowa resources enhancement and
14 9 protection fund, in lieu of the appropriation made in section
14 10 455A.18, for the fiscal year beginning July 1, 2004, and
14 11 ending June 30, 2005, the following amount, to be allocated as
14 12 provided in section 455A.19:
14 13 .................................................. $ 11,000,000
14 14 Sec. 15. REVERSION.
14 15 1. Except as provided in subsection 2, and notwithstanding
14 16 section 8.33, moneys appropriated in this division of this Act
14 17 that remain unencumbered or unobligated shall not revert at
14 18 the close of the fiscal year for which they were appropriated
14 19 but shall remain available for the purposes designated until
14 20 the close of the fiscal year beginning July 1, 2005, or until
14 21 the project for which the appropriation was made is completed,
14 22 whichever is earlier.
14 23 2. Notwithstanding section 8.33, moneys appropriated in
14 24 this division of this Act to the department of agriculture and
14 25 land stewardship to provide financial assistance for the
14 26 establishment of permanent soil and water conservation
14 27 practices that remain unencumbered or unobligated at the close
14 28 of the fiscal year shall not revert but shall remain available
14 29 for expenditure for the purposes designated until the close of
14 30 the fiscal year that begins July 1, 2007.
14 31 DIVISION III
14 32 TOBACCO SETTLEMENT TRUST FUND
14 33 Sec. 16. There is appropriated from the tax=exempt bond
14 34 proceeds restricted capital funds account of the tobacco
14 35 settlement trust fund to the following departments and
15 1 agencies for the fiscal year beginning July 1, 2004, and
15 2 ending June 30, 2005, the following amounts, or so much
15 3 thereof as is necessary, to be used for the purposes
15 4 designated:
15 5 1. DEPARTMENT OF ADMINISTRATIVE SERVICES
15 6 a. For the payment of claims relating to the purchase and
15 7 implementation of an integrated information for Iowa system,
15 8 notwithstanding section 12E.12, subsection 1, paragraph "b",
15 9 subparagraph (1):
15 10 .................................................. $ 6,049,284
15 11 b. For capitol interior restoration:
15 12 .................................................. $ 3,000,000
15 13 2. TAX=EXEMPT STATUS == USE OF APPROPRIATIONS. Payment of
15 14 moneys from the appropriations in this section shall be made
15 15 in a manner that does not adversely affect the tax=exempt
15 16 status of any outstanding bonds issued by the tobacco
15 17 settlement authority.
15 18 3. REVERSION. Notwithstanding section 8.33, moneys
15 19 appropriated in this section shall not revert at the close of
15 20 the fiscal year for which they were appropriated but shall
15 21 remain available for the purposes designated until the close
15 22 of the fiscal year that begins July 1, 2006, or until the
15 23 project for which the appropriation was made is completed,
15 24 whichever is earlier.
15 25 Sec. 17. PAYMENTS IN LIEU OF TUITION. There is
15 26 appropriated from the tax=exempt bond proceeds restricted
15 27 capital funds account of the tobacco settlement trust fund of
15 28 the state to the state board of regents for the fiscal year
15 29 beginning July 1, 2004, and ending June 30, 2005, the
15 30 following amount, or so much thereof as is necessary, to be
15 31 used for the purpose designated:
15 32 For allocation by the state board of regents to the state
15 33 university of Iowa, the Iowa state university of science and
15 34 technology, and the university of northern Iowa to reimburse
15 35 the institutions for deficiencies in their operating funds
16 1 resulting from the pledging of tuitions, student fees and
16 2 charges, and institutional income to finance the cost of
16 3 providing academic and administrative buildings and facilities
16 4 and utility services at the institutions, notwithstanding
16 5 section 12E.12, subsection 1, paragraph "b", subparagraph (1):
16 6 .................................................. $ 10,437,174
16 7 Sec. 18. IOWA COMMUNICATIONS NETWORK DEBT SERVICE. There
16 8 is appropriated from the tax=exempt bond proceeds restricted
16 9 capital funds account of the tobacco settlement trust fund to
16 10 the office of the treasurer of state for the fiscal year
16 11 beginning July 1, 2004, and ending June 30, 2005, the
16 12 following amount, or so much thereof as is necessary, to be
16 13 used for the purpose designated:
16 14 For debt service for the Iowa communications network,
16 15 notwithstanding section 12E.12, subsection 1, paragraph "b",
16 16 subparagraph (1):
16 17 .................................................. $ 13,039,778
16 18 Funds appropriated in this section shall be deposited in a
16 19 separate fund established in the office of the treasurer of
16 20 state to be used solely for debt service for the Iowa
16 21 communications network. The Iowa telecommunications and
16 22 technology commission shall certify to the treasurer of state
16 23 when a debt service payment is due, and upon receipt of the
16 24 certification, the treasurer shall make the payment. The
16 25 commission shall pay any additional amount due from funds
16 26 deposited in the Iowa communications network fund.
16 27 Sec. 19. PRISON DEBT SERVICE. There is appropriated from
16 28 the tax=exempt bond proceeds restricted capital funds account
16 29 of the tobacco settlement trust fund to the office of the
16 30 treasurer of state for the fiscal year beginning July 1, 2004,
16 31 and ending June 30, 2005, the following amount, or so much
16 32 thereof as is necessary, to be used for the purpose
16 33 designated:
16 34 For repayment of prison infrastructure bonds under section
16 35 16.177, notwithstanding section 12E.12, subsection 1,
17 1 paragraph "b", subparagraph (1):
17 2 .................................................. $ 5,413,324
17 3 Sec. 20. 2003 Iowa Acts, chapter 177, section 23,
17 4 subsection 3, is amended to read as follows:
17 5 3. Notwithstanding section 8.33, moneys appropriated in
17 6 this section shall not revert at the close of the fiscal year
17 7 for which they were appropriated, but shall remain available
17 8 for the purpose designated until the close of the fiscal year
17 9 that begins July 1, 2008 2006, or until the project for which
17 10 the appropriation was made is completed, whichever is earlier.
17 11 Sec. 21. 2003 Iowa Acts, chapter 177, section 22,
17 12 subsection 8, is amended to read as follows:
17 13 8. DEPARTMENT OF PUBLIC SAFETY
17 14 For improvements to the capitol complex security system,
17 15 notwithstanding section 12E.12, subsection 1, paragraph "b",
17 16 subparagraph (1):
17 17 .................................................. $ 1,000,000
17 18 The moneys appropriated in this subsection may be used to
17 19 expand the current capitol building card access system to
17 20 additional buildings and controlled=access parking lots on the
17 21 capitol complex.
17 22 Sec. 22. 2002 Iowa Acts, chapter 1173, section 1,
17 23 subsection 7, paragraph a, is amended to read as follows:
17 24 a. For parking improvements and provision of street access
17 25 for the judicial building:
17 26 FY 2002=2003 ..................................... $ 700,000
17 27 FY 2003=2004 ..................................... $ 0
17 28 FY 2004=2005 ..................................... $ 0
17 29 FY 2005=2006 ..................................... $ 0
17 30 Of the amount appropriated in this subsection for FY 2002=
17 31 2003, up to $330,000 may be used for costs associated with
17 32 operation of the judicial building, notwithstanding section
17 33 12E.12, subsection 1, paragraph "b", subparagraph (1).
17 34 DIVISION IV
17 35 MISCELLANEOUS FUNDS
18 1 Sec. 23. GENERAL FUND APPROPRIATIONS. There is
18 2 appropriated from the general fund of the state to the state
18 3 department of transportation for the fiscal year beginning
18 4 July 1, 2004, and ending June 30, 2005, the following amounts,
18 5 or so much thereof as is necessary, to be used for the
18 6 purposes designated:
18 7 a. For operation and maintenance of the network of
18 8 automated weather observation and data transfer systems
18 9 associated with the Iowa aviation weather system, the runway
18 10 marking program for public airports, the windsock program for
18 11 public airports, and the aviation improvement program:
18 12 .................................................. $ 64,792
18 13 b. For the rail assistance program and to provide economic
18 14 development project funding:
18 15 .................................................. $ 35,959
18 16 Sec. 24. PRIMARY ROAD FUND APPROPRIATION. There is
18 17 appropriated from the primary road fund to the department of
18 18 administrative services for the fiscal year beginning July 1,
18 19 2004, and ending June 30, 2005, the following amount, or so
18 20 much thereof as is necessary, to be used for distribution to
18 21 the state department of transportation:
18 22 .................................................. $ 440,369
18 23 Moneys appropriated in this section shall be separately
18 24 accounted for in a distribution account and shall be
18 25 distributed to the state department of transportation to pay
18 26 for services provided the state department of transportation
18 27 by the department of administrative services as described in
18 28 chapter 8A.
18 29 Sec. 25. ROAD USE TAX FUND APPROPRIATION. There is
18 30 appropriated from the road use tax fund to the department of
18 31 administrative services for the fiscal year beginning July 1,
18 32 2004, and ending June 30, 2005, the following amount, or so
18 33 much thereof as is necessary, to be used for distribution to
18 34 the state department of transportation:
18 35 .................................................. $ 71,969
19 1 Moneys appropriated in this section shall be separately
19 2 accounted for in a distribution account and shall be
19 3 distributed to the state department of transportation to pay
19 4 for services provided the state department of transportation
19 5 by the department of administrative services as described in
19 6 chapter 8A.
19 7 Sec. 26. 2003 Iowa Acts, chapter 171, section 2, is
19 8 amended by inserting the following new unnumbered paragraph:
19 9 NEW UNNUMBERED PARAGRAPH. Notwithstanding section 8.33,
19 10 moneys appropriated in subsection 1 that remain unencumbered
19 11 or unobligated at the close of the fiscal year shall not
19 12 revert but shall remain available for expenditure until the
19 13 close of the fiscal year that begins July 1, 2004, for the
19 14 purpose of restocking the department's salt storage.
19 15 Sec. 27. DEPARTMENT OF TRANSPORTATION == PERSONNEL
19 16 SERVICES PAYMENT == REPEAL. The portion of 2004 Iowa Acts,
19 17 Senate File 2298, relating to payments by the state department
19 18 of transportation to the department of administrative services
19 19 for personnel services provided, if enacted, is repealed.
19 20 Sec. 28. EFFECTIVE DATE. Section 26 of this division of
19 21 this Act, amending 2003 Iowa Acts, chapter 171, section 2,
19 22 being deemed of immediate importance, takes effect upon
19 23 enactment.
19 24 DIVISION V
19 25 CODE CHANGES
19 26 Sec. 29. Section 80.9, subsection 2, paragraph f, Code
19 27 2003, is amended to read as follows:
19 28 f. Provide protection and security for persons and
19 29 property on the grounds of the state capitol complex.
19 30 Notwithstanding chapter 8A or any other provision of law, the
19 31 department shall be solely responsible for the purchase,
19 32 installation, and maintenance of, including making any
19 33 improvements or additions to, executive branch capitol complex
19 34 security systems or equipment, including the changing of locks
19 35 and issuance of keys, access cards, and identification badges.
20 1 The department of administrative services shall cooperate with
20 2 the department of public safety in executing the department's
20 3 duties under this paragraph.
20 4 DIVISION VI
20 5 MISCELLANEOUS PROVISIONS
20 6 Sec. 30. Section 15E.208, subsection 3, paragraph b,
20 7 subparagraph (2), Code Supplement 2003, is amended by adding
20 8 the following new subparagraph subdivision:
20 9 NEW SUBPARAGRAPH SUBDIVISION. (c) Notwithstanding any
20 10 provision of this section or this division to the contrary,
20 11 the department shall forgive all interest on the principal
20 12 balance of the loan granted to an Iowa agricultural industry
20 13 finance corporation and assigned to an eligible person
20 14 pursuant to this section during calendar year 2003, whether
20 15 such interest has accrued prior to the effective date of this
20 16 Act or will accrue on or after the effective date of this Act.
20 17 In addition, each principal payment due under the assigned
20 18 loan shall be deferred for three years from its respective
20 19 payment date.
20 20 Sec. 31. Section 28M.1, subsection 2, if enacted by 2004
20 21 Iowa Acts, Senate File 2284, section 1, is amended to read as
20 22 follows:
20 23 2. "Regional transit district" means a public transit
20 24 district created by agreement pursuant to chapter 28E by one
20 25 or more counties and participating cities to provide support
20 26 for transportation of passengers by one or more public transit
20 27 systems which may be designated as a public transit system
20 28 under chapter 324A.
20 29 Sec. 32. Section 28M.1, if enacted by 2004 Iowa Acts,
20 30 Senate File 2284, section 1, is amended by adding the
20 31 following new subsection:
20 32 NEW SUBSECTION. 3. "Transportation" means the movement of
20 33 individuals in a four or more wheeled motorized vehicle
20 34 designed to carry passengers, including a car, van, or bus, or
20 35 the carrying of individuals upon cars operated upon stationary
21 1 rails, between one geographic point and another geographic
21 2 point. "Transportation" does not include emergency or
21 3 incidental transportation or transportation conducted by the
21 4 department of human services at its institutions.
21 5 Sec. 33. Section 28M.2, subsections 1 and 3, if enacted by
21 6 2004 Iowa Acts, Senate File 2284, section 2, is amended to
21 7 read as follows:
21 8 1. A county with a population in excess of three one
21 9 hundred seventy=five thousand and participating cities may
21 10 create, by chapter 28E agreement, a regional transit district
21 11 in the county pursuant to this chapter. Two or more
21 12 contiguous counties and participating cities may create, by
21 13 chapter 28E agreement, a regional transit district pursuant to
21 14 this chapter if one of the counties has a population in excess
21 15 of three one hundred seventy=five thousand. A district shall
21 16 consist of the unincorporated area of any participating county
21 17 and the incorporated area of any city in the county that does
21 18 not have an urban transit system. However, a city without an
21 19 urban transit system may decline, by resolution forwarded to
21 20 the board of supervisors, to participate in a regional transit
21 21 district.
21 22 3. A city that is located in a nonparticipating county
21 23 that is contiguous to a county with a population in excess of
21 24 three one hundred seventy=five thousand that is creating a
21 25 regional transit district may notify that county, by
21 26 resolution forwarded to the board of supervisors of that
21 27 county, that the city wishes to participate.
21 28 Sec. 34. Section 28M.2, if enacted by 2004 Iowa Acts,
21 29 Senate File 2284, section 2, is amended by adding the
21 30 following new subsection:
21 31 NEW SUBPARAGRAPH. 5. A regional transit district created
21 32 pursuant to this chapter may be designated as a public transit
21 33 system under chapter 324A if it is providing transportation as
21 34 that term is defined in section 324A.1.
21 35 Sec. 35. 2004 Iowa Acts, Senate File 2257, section 1,
22 1 subsection 10, if enacted, is amended to read as follows:
22 2 10. APPLICABILITY DATE. This section applies to personal
22 3 insurance contracts or policies delivered, issued for
22 4 delivery, continued, or renewed in this state on or after
22 5 April 1, 2005 October 1, 2004.
22 6 Sec. 36. 2003 Iowa Acts, chapter 145, section 290,
22 7 subsection 2, paragraph c, is amended to read as follows:
22 8 c. By September December 1, 2004, the department of
22 9 administrative services, with the assistance of the department
22 10 of management, shall conduct a comprehensive study of the
22 11 impact of transferring all state agency employees delivering
22 12 information technology services to the department of
22 13 administrative services and of the impact of physically
22 14 merging the data centers of the department, the state
22 15 department of transportation, and the department of workforce
22 16 development, into one data center. The study shall include an
22 17 assessment of advantages and disadvantages, economies of
22 18 scale, cost, and space availability, and shall solicit input
22 19 from outside vendors, both public and private. The department
22 20 shall report to the legislative fiscal bureau services agency
22 21 and the committees on government oversight of the senate and
22 22 house of representatives on the department's findings and
22 23 recommendations by November 1, December 15, 2004.
22 24 Sec. 37. MENTAL HEALTH INSTITUTE AT CHEROKEE. If building
22 25 space located at the state mental health institute at Cherokee
22 26 being used by an organization other than the state will be
22 27 vacated by the organization, the department of human services
22 28 shall reserve the space to be available for the purposes
22 29 described in this section. The department shall develop a
22 30 plan for using vacant building space at the institute for a
22 31 program to address the treatment needs of persons with a
22 32 developmental disability who exhibit sexually violent behavior
22 33 and are residents at state resource centers or other
22 34 residential settings.
22 35 DIVISION VII
23 1 CORRECTIVE PROVISIONS
23 2 Sec. 38. Section 9E.6A, unnumbered paragraph 1, Code 2003,
23 3 as amended by 2004 Iowa Acts, House File 2516, section 1, if
23 4 enacted, is amended to read as follows:
23 5 Each person performing a notarial act pursuant to section
23 6 9E.10 must acquire and use a stamp or seal as provided in this
23 7 chapter. However, this section shall not apply to a notarial
23 8 act performed by a judicial officer as defined in section
23 9 602.1101, if the notarial act is performed in accordance with
23 10 state or federal statutory authority, or is and shall not
23 11 apply to a certification by a chief officer or a chief
23 12 officer's designee of a peace officer's verification of a
23 13 uniform citation and complaint pursuant to section 805.6,
23 14 subsection 5.
23 15 Sec. 39. Section 9H.1, subsection 17, Code Supplement
23 16 2003, is amended to read as follows:
23 17 17. "Limited partnership" means a limited partnership as
23 18 defined in section 487.101, subsection 7, and or 488.102, or a
23 19 limited liability limited partnership under section 487.1301
23 20 or chapter 488, which owns or leases agricultural land or is
23 21 engaged in farming.
23 22 Sec. 40. Section 9H.1, subsection 17, Code Supplement
23 23 2003, as amended by this division of this Act to take effect
23 24 January 1, 2005, is amended to read as follows:
23 25 17. "Limited partnership" means a limited partnership as
23 26 defined in section 487.101 or 488.102, or a limited liability
23 27 limited partnership under section 487.1301 or chapter 488,
23 28 which owns or leases agricultural land or is engaged in
23 29 farming.
23 30 Sec. 41. Section 10B.1, subsection 8, Code Supplement
23 31 2003, is amended to read as follows:
23 32 8. "Limited partnership" means a foreign or domestic
23 33 limited partnership, including a limited partnership as
23 34 defined in section 487.101, subsection 7 or 488.102, and a
23 35 domestic or foreign limited liability limited partnership
24 1 under section 487.1301 or 487.1303, or chapter 488.
24 2 Sec. 42. Section 10B.1, subsection 8, Code Supplement
24 3 2003, as amended by this division of this Act to take effect
24 4 January 1, 2005, is amended to read as follows:
24 5 8. "Limited partnership" means a foreign or domestic
24 6 limited partnership, including a limited partnership as
24 7 defined in section 487.101 or 488.102, and a domestic or
24 8 foreign limited liability limited partnership under section
24 9 487.1301 or 487.1303, or chapter 488.
24 10 Sec. 43. Section 68A.402, subsection 7, paragraph b, as
24 11 amended by 2004 Iowa Acts, House File 2319, section 1, if
24 12 enacted, is amended to read as follows:
24 13 b. COUNTY ELECTIONS. A political committee expressly
24 14 advocating the nomination, election, or defeat of candidates
24 15 for county office shall file reports on the same dates as a
24 16 candidate's committee is required to file reports under
24 17 subsection 2, paragraph "a" and subsection 5, paragraph "b".
24 18 Sec. 44. Section 174.1, subsection 0B, paragraph a, as
24 19 enacted by House File 2403, section 8, is amended to read as
24 20 follows:
24 21 a. The organization owns or leases at least ten acres of
24 22 fairgrounds. A society An organization may meet the
24 23 requirement of owning or leasing land, buildings, and
24 24 improvements through ownership by a joint entity under chapter
24 25 28E.
24 26 Sec. 45. Section 174.12, subsection 2, unnumbered
24 27 paragraph 1, Code 2003, as amended by 2004 Iowa Acts, House
24 28 File 2403, section 16, is amended to read as follows:
24 29 A district director of the association representing the
24 30 district in which the county is located, and the director of
24 31 the Iowa state fair board representing the state fair board
24 32 district in which the county is located, certify to the
24 33 association that the fair had an accredited delegate in
24 34 attendance at at least one of the district meetings, and at
24 35 the association's annual meeting.
25 1 Sec. 46. Section 229.27, subsection 1, Code 2003, is
25 2 amended to read as follows:
25 3 1. Hospitalization of a person under this chapter, either
25 4 voluntarily or involuntarily, does not constitute a finding of
25 5 nor equate with nor raise a presumption of incompetency, nor
25 6 cause the person so hospitalized to be deemed a person of
25 7 unsound mind nor a person under legal disability for any
25 8 purpose, including but not limited to any circumstances to
25 9 which sections 6B.15, 447.7, 487.402, subsection 5, paragraph
25 10 "b", section 488.603, subsection 6, paragraph "c", sections
25 11 487.705, 488.704, 597.6, 600B.21, 614.8, 614.19, 614.22,
25 12 614.24, 614.27, and 633.244 are applicable.
25 13 Sec. 47. Section 229.27, subsection 1, Code 2003, as
25 14 amended by this division of this Act to take effect January 1,
25 15 2005, is amended to read as follows:
25 16 1. Hospitalization of a person under this chapter, either
25 17 voluntarily or involuntarily, does not constitute a finding of
25 18 nor equate with nor raise a presumption of incompetency, nor
25 19 cause the person so hospitalized to be deemed a person of
25 20 unsound mind nor a person under legal disability for any
25 21 purpose, including but not limited to any circumstances to
25 22 which sections 6B.15, 447.7, 487.402, subsection 5, paragraph
25 23 "b", section 488.603, subsection 6, paragraph "c", sections
25 24 487.705, 488.704, 597.6, 600B.21, 614.8, 614.19, 614.22,
25 25 614.24, 614.27, and 633.244 are applicable.
25 26 Sec. 48. Section 260C.18A, subsection 2, unnumbered
25 27 paragraph 1, Code Supplement 2003, is amended to read as
25 28 follows:
25 29 On July 1 of each year for the fiscal year beginning July
25 30 1, 2003, and for every fiscal year thereafter, moneys from the
25 31 grow Iowa values fund created in section 15G.108 are
25 32 appropriated to the department of economic development for
25 33 deposit in the workforce training and economic development
25 34 funds in amounts determined pursuant to subsection 3 4.
25 35 Moneys deposited in the funds and disbursed to community
26 1 colleges for a fiscal year shall be expended for the following
26 2 purposes, provided seventy percent of the moneys shall be used
26 3 on projects in the areas of advanced manufacturing,
26 4 information technology and insurance, and life sciences which
26 5 include the areas of biotechnology, health care technology,
26 6 and nursing care technology:
26 7 Sec. 49. Section 321I.2, unnumbered paragraph 2, if
26 8 enacted by 2004 Iowa Acts, Senate File 297, section 45, is
26 9 amended to read as follows:
26 10 The director of transportation may adopt rules not
26 11 inconsistent with this chapter regulating the use of all=
26 12 terrain vehicles on streets and highways. Cities may
26 13 designate streets under the jurisdiction of cities within
26 14 their respective corporate limits which may be used for the
26 15 sport of driving all=terrain vehicles.
26 16 Sec. 50. Section 321I.10, if enacted by 2004 Iowa Acts,
26 17 Senate File 297, section 53, is amended by adding the
26 18 following new subsection:
26 19 NEW SUBSECTION. 2A. Cities may designate streets under
26 20 the jurisdiction of cities within their respective corporate
26 21 limits which may be used for the sport of driving all=terrain
26 22 vehicles.
26 23 Sec. 51. Section 331.606B, subsection 4, paragraph a, if
26 24 enacted by 2004 Iowa Acts, Senate File 371, section 3, is
26 25 amended to read as follows:
26 26 a. A document or instrument that was signed before July 1,
26 27 2004 2005.
26 28 Sec. 52. Section 488.102, subsection 10, paragraph a,
26 29 subparagraph (2), as enacted by 2004 Iowa Acts, House File
26 30 2347, section 2, is amended to read as follows:
26 31 (2) A person that was a general partner in a limited
26 32 partnership when the limited partnership became subject to
26 33 this chapter under section 488.1206 488.1204, subsection 1 or
26 34 2.
26 35 Sec. 53. Section 488.102, subsection 12, paragraph a,
27 1 subparagraph (2), as enacted by 2004 Iowa Acts, House File
27 2 2347, section 2, is amended to read as follows:
27 3 (2) A person that was a limited partner in a limited
27 4 partnership when the limited partnership became subject to
27 5 this chapter under section 488.1206 488.1204, subsection 1 or
27 6 2.
27 7 Sec. 54. Section 488.102, subsection 13, as enacted by
27 8 2004 Iowa Acts, House File 2347, section 2, is amended to read
27 9 as follows:
27 10 13. "Limited partnership", except in the phrases "foreign
27 11 limited partnership" and "foreign limited liability limited
27 12 partnership", means an entity, having one or more general
27 13 partners and one or more limited partners, which is formed
27 14 under this chapter by two or more persons or becomes subject
27 15 to this chapter under article 11 or section 488.1206 488.1204,
27 16 subsection 1 or 2. The term includes a limited liability
27 17 limited partnership.
27 18 Sec. 55. Section 488.202, subsection 3, unnumbered
27 19 paragraph 1, as enacted by 2004 Iowa Acts, House File 2347,
27 20 section 20, is amended to read as follows:
27 21 A general partner that knows that any information in a
27 22 filed certificate of limited partnership was false when the
27 23 certificate was filed or has become false due to changed
27 24 circumstances shall promptly do at least one of the following:
27 25 Sec. 56. Section 488.209, subsection 1, paragraph c, as
27 26 enacted by 2004 Iowa Acts, House File 2347, section 27, is
27 27 amended to read as follows:
27 28 c. Whether all fees, taxes, and penalties under this
27 29 chapter or other law due to the secretary of state have been
27 30 paid.
27 31 Sec. 57. Section 488.209, subsection 2, paragraph c, as
27 32 enacted by 2004 Iowa Acts, House File 2347, section 27, is
27 33 amended to read as follows:
27 34 c. Whether all fees, taxes, and penalties under this
27 35 chapter or other law due to the secretary of state have been
28 1 paid.
28 2 Sec. 58. Section 488.508, subsection 6, as enacted by 2004
28 3 Iowa Acts, House File 2347, section 50, is amended to read as
28 4 follows:
28 5 6. A limited partnership's indebtedness, including
28 6 indebtedness issued in connection with or as part of a
28 7 distribution, is not considered a liability for purposes of
28 8 subsection 2 if the terms of the indebtedness provide that
28 9 payment of principal and interest are is made only to the
28 10 extent that a distribution could then be made to partners
28 11 under this section.
28 12 Sec. 59. Section 488.703, subsection 1, as enacted by 2004
28 13 Iowa Acts, House File 2347, section 61, is amended to read as
28 14 follows:
28 15 1. On application to a court of competent jurisdiction by
28 16 any judgment creditor of a partner or transferee, the court
28 17 may charge the transferable interest of the judgment debtor
28 18 with payment of the unsatisfied amount of the judgment with
28 19 interest. To the extent so charged, the judgment creditor has
28 20 only the rights of a transferee. The court may appoint a
28 21 receiver of the share of the distributions due or to become
28 22 due to the judgment debtor in respect of the partnership and
28 23 make all other orders, directions, accounts, and inquiries the
28 24 judgment debtor might have made or which the circumstances of
28 25 the case may require to give effect to the charging order.
28 26 Sec. 60. Section 488.809, subsection 1, paragraph a, as
28 27 enacted by 2004 Iowa Acts, House File 2347, section 72, is
28 28 amended to read as follows:
28 29 a. Pay any fee, tax, or penalty under this chapter or
28 30 other law due to the secretary of state.
28 31 Sec. 61. Section 488.906, subsection 1, paragraph a, as
28 32 enacted by 2004 Iowa Acts, House File 2347, section 81, is
28 33 amended to read as follows:
28 34 a. Pay, within sixty days after the due date, any fee, tax
28 35 or penalty under this chapter or other law due to the
29 1 secretary of state.
29 2 Sec. 62. Section 488.1106, subsection 1, paragraph a, as
29 3 enacted by 2004 Iowa Acts, House File 2347, section 94, is
29 4 amended to read as follows:
29 5 a. The governing statute of each of the other
29 6 organizations authorizes the merger.
29 7 Sec. 63. Section 504.304, subsection 1, if enacted by 2004
29 8 Iowa Acts, Senate File 2274, section 27, is amended to read as
29 9 follows:
29 10 1. Except as provided in subsection 2, the validity of
29 11 corporate action may shall not be challenged on the ground
29 12 that the corporation lacks or lacked power to act.
29 13 Sec. 64. Section 504.854, subsection 3, paragraph b, if
29 14 enacted by 2004 Iowa Acts, Senate File 2274, section 104, is
29 15 amended to read as follows:
29 16 b. By the members, but the director who, at the time does
29 17 not qualify as a disinterested director, may shall not vote as
29 18 a member or on behalf of a member.
29 19 Sec. 65. Section 504.1422, subsection 3, if enacted by
29 20 2004 Iowa Acts, Senate File 2274, section 145, is amended to
29 21 read as follows:
29 22 3. A corporation that is administratively dissolved
29 23 continues its corporate existence but may shall not carry on
29 24 any activities except those necessary to wind up and liquidate
29 25 its affairs pursuant to section 504.1406 and notify its
29 26 claimants pursuant to sections 504.1407 and 504.1408.
29 27 Sec. 66. Section 669.14, subsection 11, unnumbered
29 28 paragraph 1, Code Supplement 2003, as amended by 2004 Iowa
29 29 Acts, House File 2347, section 116, is amended to read as
29 30 follows:
29 31 Any claim for financial loss based upon an act or omission
29 32 in financial regulation, including but not limited to
29 33 examinations, inspections, audits, or other financial
29 34 oversight responsibilities, pursuant to chapters 87, 203,
29 35 203C, 203D, 421B, 486, or the figure "487" 487, 488, and 490
30 1 through 553, excluding chapters 540A, 542, 542B, 543B, 543C,
30 2 543D, 544A, and 544B.
30 3 Sec. 67. Section 714.26, subsection 1, paragraph c, if
30 4 enacted by 2004 Iowa Acts, House File 2395, is amended to read
30 5 as follows:
30 6 c. "Retail value" means the highest value of an item
30 7 determined by any reasonable standard at the time the item
30 8 bearing or identified by a counterfeit mark is seized. If a
30 9 seized item bearing or identified by a counterfeit mark is a
30 10 component of a finished product, "retail value" also means the
30 11 highest value, determined by any reasonable standard, of the
30 12 finished product on which the component would have been
30 13 utilized. The retail value shall be the retail value of the
30 14 aggregate quantity of all items seized which bear or are
30 15 identified by a counterfeit mark. For purposes of this
30 16 paragraph, reasonable standard includes but is not limited the
30 17 to the market value within the community, actual value,
30 18 replacement value, or the counterfeiter's regular selling
30 19 price for the item bearing or identified by a counterfeit
30 20 mark, or the intellectual property owner's regular selling
30 21 price for an item similar to the item bearing or identified by
30 22 a counterfeit mark.
30 23 Sec. 68. Section 717E.1, subsection 3, paragraph a, if
30 24 enacted by 2004 Iowa Acts, House File 2480, section 1, is
30 25 amended to read as follows:
30 26 a. The annual fair and exposition held by the Iowa state
30 27 fair board pursuant to chapter 173 or any fair held event
30 28 conducted by a county or district fair or agricultural society
30 29 under the provisions of chapter 174.
30 30 Sec. 69. Section 812.6, subsection 2, unnumbered paragraph
30 31 1, if enacted by 2004 Iowa Acts, Senate File 2272, section 8,
30 32 is amended to read as follows:
30 33 If the court finds by clear and convincing evidence that
30 34 the defendant poses a danger to the public peace or safety, or
30 35 that the defendant is otherwise not qualified for pretrial
31 1 release, or the defendant refuses to cooperate with treatment,
31 2 the court shall commit the defendant to an appropriate
31 3 inpatient treatment facility as provided in paragraphs
31 4 paragraph "a" and or "b". The defendant shall receive mental
31 5 health treatment designed to restore the defendant to
31 6 competency.
31 7 Sec. 70. Sections 7D.15, 10D.1, 15.114, 15.221, 15E.64,
31 8 18A.11, 84A.1C, 225C.13, 303.3, 331.441, 357A.2, 357A.11,
31 9 357A.20, 357A.21, 357A.22A, 357A.23, 357A.24, 425.11, 476.1,
31 10 476.27, 480.3, 499.5, 499.5A, 500.3, 504C.1, 514.19, 514.23,
31 11 and 515.1, Code 2003, are amended by inserting before the
31 12 figure "504A" the following: "504 or", if 2004 Iowa Acts,
31 13 Senate File 2274 is enacted.
31 14 Sec. 71. Sections 9H.1, 9H.4, 10B.1, 190C.6, 304A.21,
31 15 331.427, 357A.15, 422.45, 490.1701, 504B.1, 504B.6, 513C.10,
31 16 514.1, 514.2, 514.5, 616.10, 633.63, and 716.6B, Code
31 17 Supplement 2003, are amended by inserting before the figure
31 18 "504A" the following: "504 or", if 2004 Iowa Acts, Senate
31 19 File 2274 is enacted.
31 20 Sec. 72. 2004 Iowa Acts, House File 401, section 1, is
31 21 amended by striking the section and inserting in lieu thereof
31 22 the following:
31 23 SECTION 1. Section 404A.4, subsection 4, Code Supplement
31 24 2003, is amended to read as follows:
31 25 4. The total amount of tax credits that may be approved
31 26 for a fiscal year under this chapter shall not exceed two
31 27 million four hundred thousand dollars. For the fiscal years
31 28 beginning July 1, 2005, and July 1, 2006, an additional five
31 29 hundred thousand dollars of tax credits may be approved each
31 30 fiscal year for purposes of projects located in cultural and
31 31 entertainment districts certified pursuant to section 303.3B.
31 32 Any of the additional tax credits allocated for projects
31 33 located in certified cultural and entertainment districts that
31 34 are not approved during a fiscal year may be carried over to
31 35 the succeeding fiscal year. Tax credit certificates shall be
32 1 issued on the basis of the earliest awarding The department of
32 2 cultural affairs shall establish by rule the procedures for
32 3 the application, review, selection, and awarding of
32 4 certifications of completion as provided in subsection 1. The
32 5 departments of economic development, cultural affairs, and
32 6 revenue shall each adopt rules to jointly administer this
32 7 subsection and shall provide by rule for the method to be used
32 8 to determine for which fiscal year the tax credits are
32 9 approved available.
32 10 Sec. 73. 2004 Iowa Acts, Senate File 2070, section 35,
32 11 subsection 1, is amended to read as follows:
32 12 1. Except as provided in subsections 2 through 4 6, this
32 13 Act takes effect January 1, 2005.
32 14 Sec. 74. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
32 15 1. The sections of this division of this Act amending
32 16 sections 9H.1 and 10B.1, Code Supplement 2003, and 229.27,
32 17 Code 2003, take effect January 1, 2005. The sections of this
32 18 division of this Act further amending sections 9H.1 and 10B.1,
32 19 Code Supplement 2003, and 229.27, Code 2003, as amended by
32 20 this division of this Act to take effect January 1, 2005, take
32 21 effect January 1, 2006.
32 22 2. The section of this division of this Act amending
32 23 section 260C.18A, being deemed of immediate importance, takes
32 24 effect upon enactment and applies retroactively to July 1,
32 25 2003.
32 26 3. The section of this division of this Act amending 2004
32 27 Iowa Acts, Senate File 2070, being deemed of immediate
32 28 importance, takes effect upon enactment and applies
32 29 retroactively to the date of enactment of Senate File 2070.
32 30 EXPLANATION
32 31 This bill makes appropriations for FY 2004=2005 and
32 32 modifies prior appropriations from the rebuild Iowa
32 33 infrastructure fund, environment first fund, the tax=exempt
32 34 bond proceeds restricted capital funds account of the tobacco
32 35 settlement trust fund, the state general fund, primary road
33 1 fund, road use tax fund, and gambling treatment fund for
33 2 various capital and other projects. The bill also makes
33 3 related Code changes and miscellaneous and corrective changes
33 4 to legislation passed during the 2004 regular session.
33 5 REBUILD IOWA INFRASTRUCTURE FUND. Appropriations from the
33 6 rebuild Iowa infrastructure fund include projects for the
33 7 departments of administrative services, the blind,
33 8 corrections, economic development, education, human services,
33 9 public defense, public health, public safety, and
33 10 transportation, and for the board of regents, Iowa state fair
33 11 authority, treasurer of state, and the commission of veterans
33 12 affairs, and to the state board of regents for tuition
33 13 replacement.
33 14 ENVIRONMENT FIRST FUND. The bill appropriates funds from
33 15 the environment first fund to the departments of agriculture
33 16 and land stewardship, economic development, and natural
33 17 resources. The bill appropriates $11 million from the
33 18 environment first fund to the resources enhancement and
33 19 protection fund in lieu of the $20 million appropriated by
33 20 statute from the general fund of the state.
33 21 TOBACCO SETTLEMENT TRUST FUND. The bill makes
33 22 appropriations and modifies prior appropriations from the tax=
33 23 exempt bond proceeds restricted capital funds account of the
33 24 tobacco settlement trust fund for projects for the department
33 25 of administrative services and other agencies.
33 26 The bill also appropriates funds from the tax=exempt bond
33 27 proceeds restricted capital funds account of the tobacco
33 28 settlement trust fund to the state board of regents for
33 29 tuition replacement and to the office of the treasurer of
33 30 state for debt service for the Iowa communications network,
33 31 and repayment of prison infrastructure bonds.
33 32 MISCELLANEOUS FUNDS. The bill makes appropriations from
33 33 the general fund to the state department of transportation for
33 34 aviation improvement programs and for the rail assistance
33 35 program and to provide economic development project funding.
34 1 The bill makes appropriations from the primary road fund and
34 2 the road use tax fund to the state department of
34 3 transportation to pay for services provided by the department
34 4 of administrative services.
34 5 CODE CHANGES. The bill amends Code section 80.9 to provide
34 6 that the department of public safety is solely responsible for
34 7 certain executive branch capitol complex security system and
34 8 equipment activities. The bill directs the department of
34 9 administrative services to cooperate with the department of
34 10 public safety in its execution of such activities.
34 11 MISCELLANEOUS PROVISIONS. The bill amends Code section
34 12 15E.208 to direct the department of economic development to
34 13 forgive any interest on a loan to an Iowa agricultural
34 14 industry finance corporation which was assigned to an eligible
34 15 person during calendar year 2003. The bill also provides that
34 16 each principal payment due under the assigned loan shall be
34 17 deferred for three years from its respective payment date.
34 18 The bill also amends Senate File 2284, passed in the 2004
34 19 Session of the general assembly, to define transportation as
34 20 the movement or carrying of individuals in a wheeled motorized
34 21 vehicle or upon cars operated upon stationary rails. Senate
34 22 File 2284 is also amended to change the population threshold
34 23 for creation of regional transit districts from counties with
34 24 a population in excess of 300,000 to counties with a
34 25 population in excess of 175,000. The division also provides
34 26 that a regional transit district may be designated as a public
34 27 transit system under chapter 324A, relating to transportation
34 28 programs, if such district is providing transportation as that
34 29 term is defined in chapter 324A.
34 30 The bill revises an applicability date provision for 2004
34 31 Iowa Acts, Senate File 2257, relating to the use of credit
34 32 information for certain insurance underwriting and rating
34 33 risks activities. The bill moves the date from April 1, 2005,
34 34 to October 1, 2004.
34 35 The bill extends the time periods within which the
35 1 department of administrative services must conduct a study of
35 2 the impact of transferring all information technology related
35 3 state employees to the department and of physically merging
35 4 the data centers of the department, the state department of
35 5 transportation, and the department of workforce development,
35 6 and within which the department must report its findings and
35 7 recommendations to the legislative services agency and certain
35 8 legislative standing committees.
35 9 The bill provides that if building space at the state
35 10 mental health institute at Cherokee that is being used by an
35 11 outside organization is going to be vacated, the department of
35 12 human services is directed to reserve the space. The
35 13 department is also directed to develop a plan for using vacant
35 14 building space at Cherokee for a program to address the
35 15 treatment needs of persons with a developmental disability who
35 16 exhibit sexually violent behavior and are residents at state
35 17 resource centers or other residential settings.
35 18 CORRECTIVE PROVISIONS. Code section 9E.6A, as amended by
35 19 2004 Iowa Acts, House File 2516, relating to notarial acts, is
35 20 amended to specify that the requirement to use a stamp or seal
35 21 does not apply to a law enforcement officer's certification of
35 22 a uniform citation and complaint and that such an act is not
35 23 an act of a judicial officer.
35 24 Code sections 9H.1, 10B.1, and 229.27 are amended to
35 25 include conforming amendments to the uniform limited
35 26 partnership Act enacted by House File 2347 in the 2004 Regular
35 27 Session. The amendments are necessary to refer to sections of
35 28 Code chapter 487 for 2005 and to refer to sections of new Code
35 29 chapter 488 for 2006 and beyond, and special effective dates
35 30 are included to accomplish this necessary result.
35 31 Code section 68A.402 is amended to make grammatical
35 32 corrections in House File 2319, which relates to the filing of
35 33 campaign finance reports.
35 34 Code section 174.1, as amended in 2004 Iowa Acts, House
35 35 File 2403, relating to fairs, is amended to correct the
36 1 definition of a fair in order to recognize that an
36 2 organization rather than a society is incorporated to operate
36 3 a fair.
36 4 Code section 174.12, relating to the certification process
36 5 for local fairs, is amended to correct a grammatical
36 6 construction.
36 7 Code section 260C.18A, relating to grow Iowa values fund
36 8 appropriations to community college workforce training and
36 9 economic development funds, is amended to correct an internal
36 10 reference to a subsection. The amendment is made effective
36 11 upon enactment and retroactively applicable to July 1, 2003,
36 12 the effective date of the original enactment of Code section
36 13 260C.18A.
36 14 Code sections 321I.2 and 321I.10, if enacted by 2004 Iowa
36 15 Acts, Senate File 297, relating to the regulation of all=
36 16 terrain vehicles, are amended by codifying a provision that
36 17 allows cities to designate streets under their jurisdiction
36 18 for the sport of driving all=terrain vehicles in the more
36 19 appropriate Code section that regulates the operation of all=
36 20 terrain vehicles on roadways and highways.
36 21 Code section 331.606B, if enacted by 2004 Iowa Acts, Senate
36 22 File 371, is amended to change the date that documents or
36 23 instruments recorded with the county recorder are exempt from
36 24 the new formatting requirements. The date is changed from
36 25 July 1, 2004, to July 1, 2005, to conform with other
36 26 provisions of the bill.
36 27 Code section 488.102 is amended to correct three internal
36 28 references to another section of new Code chapter 488, which
36 29 contains the uniform limited partnership Act enacted in House
36 30 File 2347. Code sections 488.202, 488.209, 488.508, 488.703,
36 31 488.809, 488.906, 488.1106, and 669.14, all contained in House
36 32 File 2347, are amended to make grammatical corrections, most
36 33 of which relate to the use of prepositions, articles, and
36 34 verbs.
36 35 Code sections 504.304, 504.854, and 504.1422, if enacted in
37 1 2004 Iowa Acts, Senate File 2274, relating to the revised Iowa
37 2 nonprofit corporation Act provide that certain actions "shall"
37 3 not be taken instead of "may" not be taken, in order to be
37 4 consistent with existing Code style.
37 5 Code section 714.26, subsection 1, paragraph "c", if
37 6 enacted by 2004 Iowa Acts, House File 2395, defining retail
37 7 value for purposes of the crime of intellectual property
37 8 counterfeiting, is amended to correct a grammatical
37 9 construction.
37 10 Code section 717E.1, if enacted by 2004 Iowa Acts, House
37 11 File 2480, relating to the prohibition of awarding pets as
37 12 prizes, is amended to use the term "fair event" as newly
37 13 defined for purposes of Code chapter 174 by 2004 Iowa Acts,
37 14 House File 2403.
37 15 Code section 812.6, subsection 2, if enacted by 2004 Iowa
37 16 Acts, Senate File 2272, which relates to mentally incompetent
37 17 criminal defendants, is amended to use the disjunctive "or" to
37 18 correctly indicate that treatment may be ordered in the
37 19 alternative, depending upon the danger the defendant poses.
37 20 Numerous sections of the 2003 Code and 2003 Code Supplement
37 21 are amended to refer to new Code chapter 504, the revised Iowa
37 22 nonprofit corporation Act in addition to referring to the
37 23 existing nonprofit corporation Act contained in Code chapter
37 24 504A, which will be repealed on July 1, 2005.
37 25 2004 Iowa Acts, House File 401, relating to property
37 26 rehabilitation tax credits and certificates, is amended to
37 27 display the correct Code Supplement 2003 version of the Code
37 28 section being amended, since the House File was drafted prior
37 29 to publication of the Code Supplement 2003. The amendment
37 30 does not make substantive changes to House File 401 as
37 31 enacted.
37 32 2004 Iowa Acts, Senate File 2070, relating to motor vehicle
37 33 security interests and certain electric personal assistive
37 34 mobility devices, is amended to correct an internal reference
37 35 to make certain that these provisions take effect upon
38 1 enactment. The amendment is made effective upon enactment and
38 2 retroactively applicable to the date of enactment of Senate
38 3 File 2070.
38 4 LSB 5180HC 80
38 5 nh/sh/8