House File 2322 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON NATURAL
                                           RESOURCES

                                       (SUCCESSOR TO HF 735)


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing the public hunting, parks, and trails
  2    program, and making appropriations to the program and to the
  3    conservation practices revolving loan fund, and providing an
  4    effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 6458HV 81
  7 av/je/5

PAG LIN



  1  1    Section 1.  Section 423.2, subsection 11, Code Supplement
  1  2 2005, is amended to read as follows:
  1  3    11.  All revenues arising under the operation of the
  1  4 provisions of this section shall be deposited as follows:
  1  5    a.  Ninety=eight percent into the general fund of the
  1  6 state.
  1  7    b.  One=half of one percent into the conservation practices
  1  8 revolving loan fund created in section 161A.71.
  1  9    c.  One and one=half percent into the public hunting,
  1 10 parks, and trails program fund created in section 461A.81.
  1 11    Sec. 2.  NEW SECTION.  461A.81  PUBLIC HUNTING, PARKS, AND
  1 12 TRAILS PROGRAM == APPROPRIATION.
  1 13    1.  ESTABLISHMENT.  The department shall establish a public
  1 14 hunting, parks, and trails program.  The purpose of the
  1 15 program is to provide funding for the lease and maintenance of
  1 16 land for public hunting, for projects involving vertical
  1 17 infrastructure in public parks, and for recreation trails
  1 18 development.  A public hunting, parks, and trails program fund
  1 19 is created and funds appropriated for purposes of this section
  1 20 pursuant to section 423.2, subsection 11, shall be maintained
  1 21 in the public hunting, parks, and trails program fund and
  1 22 shall be divided and expended by the department to undertake
  1 23 each of the stated purposes of this program with forty percent
  1 24 of the funds expended for public hunting projects as set forth
  1 25 in subsection 2, thirty percent of the funds expended for park
  1 26 projects as set forth in subsection 3, and thirty percent of
  1 27 the funds expended for recreation trails projects as set forth
  1 28 in subsection 4.  Notwithstanding section 8.33, unencumbered
  1 29 or unobligated moneys remaining at the end of a fiscal year
  1 30 shall not revert but shall remain available for expenditure
  1 31 during the following fiscal year for purposes of the public
  1 32 hunting, parks, and trails program.
  1 33    2.  PUBLIC HUNTING PROJECTS.  The department shall
  1 34 undertake projects to enter into leases, for a duration agreed
  1 35 to by the parties, of lands suitable for public hunting, and
  2  1 rights=of=way thereto, and maintain the same for the purpose
  2  2 of public hunting, to provide areas in which any person may
  2  3 hunt in accordance with the law and the rules of the
  2  4 department.  The department shall disburse funds to undertake
  2  5 public hunting projects on an equal basis in all counties.
  2  6 Each county shall expend the disbursed funds only for the
  2  7 purpose of undertaking public hunting projects as set forth in
  2  8 this subsection.  Disbursed funds that are not used by a
  2  9 county at the end of a fiscal year, and interest accruing on
  2 10 those funds, shall remain in the county for expenditure during
  2 11 the following fiscal year only for the purpose of undertaking
  2 12 public hunting projects as set forth in this subsection.
  2 13    3.  PARK PROJECTS.  The department shall undertake projects
  2 14 involving existing vertical infrastructure or the construction
  2 15 of new vertical infrastructure if the new infrastructure is
  2 16 required due to the development of a new park, due to
  2 17 increased demand for facilities at an existing park, or if it
  2 18 is not cost=effective to repair or renovate the existing
  2 19 vertical infrastructure.  "Vertical infrastructure" means the
  2 20 same as defined in section 8.57, subsection 6, paragraph "c".
  2 21 Such projects shall be limited to state parks and other public
  2 22 facilities managed by the department.
  2 23    4.  RECREATION TRAILS PROJECTS.  The department shall
  2 24 undertake projects involving the repair, development,
  2 25 promotion, and management of recreation trails throughout the
  2 26 state.  However, funds shall not be expended under this
  2 27 subsection for the acquisition of rights=of=way to recreation
  2 28 trails.
  2 29    5.  PUBLIC HUNTING, PARKS, AND TRAILS PROGRAM ADVISORY
  2 30 BOARD.
  2 31    a.  An advisory board for the public hunting, parks, and
  2 32 trails program is created.  The board shall consist of six
  2 33 public members appointed by the director.  The membership of
  2 34 the board shall include members of three groups representing
  2 35 agricultural interests and three groups representing
  3  1 conservation, habitat, and wildlife groups.  No more than
  3  2 three members shall belong to the same political party.  The
  3  3 board shall elect a chairperson and a secretary annually from
  3  4 among the board's members.  Persons already serving in an
  3  5 elected or appointed governmental capacity are not eligible to
  3  6 serve as board members.
  3  7    b.  Appointments to the advisory board shall be made for
  3  8 three=year terms beginning July 1 in the year of appointment.
  3  9 A person shall not serve more than two terms.  A vacancy shall
  3 10 be filled for the unexpired term in the same manner as the
  3 11 original appointment was made.  The members of the board shall
  3 12 be reimbursed for actual and necessary expenses for each day
  3 13 employed in the official discharge of their duties.  The
  3 14 expenses shall be paid from the administration fund of the
  3 15 commission.  Each member of the board may also be eligible to
  3 16 receive compensation as provided in section 7E.6.
  3 17    c.  The advisory board shall meet annually, in July, and
  3 18 upon the call of the chairperson of the board.  The board
  3 19 shall review the public hunting projects, the parks projects,
  3 20 and the recreation trails projects undertaken during the
  3 21 previous year with appropriated funds received pursuant to
  3 22 this section to determine what public benefits have been
  3 23 accomplished by the program.  The board shall prepare and
  3 24 deliver an annual report of its findings to the general
  3 25 assembly on or before December 15 of each year.
  3 26 Administrative support and staffing for the board shall be
  3 27 provided by the department.
  3 28    Sec. 3.  This Act takes effect July 1, 2007.
  3 29                           EXPLANATION
  3 30    This bill appropriates funds to the conservation practices
  3 31 revolving loan fund and to the public hunting, parks, and
  3 32 trails program fund created in the bill.
  3 33    The bill appropriates .5 percent of sales and use tax
  3 34 receipts into the conservation practices revolving loan fund
  3 35 created in Code section 161A.71 to be used for the purpose of
  4  1 establishing new permanent soil and water conservation
  4  2 practices on private land.
  4  3    The bill requires the department of natural resources to
  4  4 establish the public hunting, parks, and trails program and
  4  5 fund and appropriates revenue arising from the sales and use
  4  6 tax to fund the program.  The bill appropriates 1.5 percent of
  4  7 sales and use tax receipts to fund the program.
  4  8    The bill provides that the purpose of the program is to
  4  9 undertake projects to lease and maintain land for public
  4 10 hunting, undertake projects involving vertical infrastructure
  4 11 in public parks, and to undertake projects for recreation
  4 12 trails development.  The bill provides that funds appropriated
  4 13 for the program shall be divided and expended by the
  4 14 department with 40 percent of the funds expended for public
  4 15 hunting projects, 30 percent of the funds expended for park
  4 16 projects, and 30 percent of the funds expended for recreation
  4 17 trails projects.  The bill also provides that unencumbered or
  4 18 unobligated moneys remaining at the end of a fiscal year shall
  4 19 not revert to the general fund of the state but shall remain
  4 20 available for expenditure for the program for the following
  4 21 year.
  4 22    The bill requires the department to undertake public
  4 23 hunting projects by entering into leases, for a duration
  4 24 agreed to by the parties, of lands suitable for public hunting
  4 25 and maintaining those lands to provide areas where the public
  4 26 may hunt.  The bill requires the department to disburse funds
  4 27 to undertake public hunting projects on an equal basis in all
  4 28 counties and allows counties to keep unused funds for public
  4 29 hunting projects in the following year.
  4 30    The bill requires the department to undertake projects
  4 31 involving existing and new vertical infrastructure in existing
  4 32 and new parks.
  4 33    The bill also requires the department to undertake projects
  4 34 involving the repair, development, promotion, and management
  4 35 of recreation trails throughout the state, but not involving
  5  1 the purchase of rights=of=way to recreation trails.
  5  2    The bill creates a public hunting, parks, and trails
  5  3 program advisory board consisting of six public members who
  5  4 represent three agricultural groups and three conservation,
  5  5 habitat, and wildlife groups and who are appointed by the
  5  6 director of the department of natural resources.  The bill
  5  7 provides that appointments to the advisory board are for three
  5  8 years and that the board shall meet once annually in July for
  5  9 the purpose of reviewing the projects undertaken in the
  5 10 previous year to determine what public benefits have been
  5 11 accomplished by the program.  The bill also provides that the
  5 12 advisory board shall prepare and deliver an annual report of
  5 13 the board's findings to the general assembly on or before
  5 14 December 15 of each year.
  5 15    The bill takes effect July 1, 2007.
  5 16 LSB 6458HV 81
  5 17 av:rj/je/5