House File 735 - Introduced
HOUSE FILE
BY WHITAKER
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.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2576HH 81
6 av/pj/5
PAG LIN
1 1 Section 1. Section 423.2, subsection 10, Code 2005, is
1 2 amended to read as follows:
1 3 10. 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 for each fiscal year of the
1 8 fiscal period beginning July 1, 2005, and ending June 30,
1 9 2015, into the conservation practices revolving loan fund
1 10 created in section 161A.71.
1 11 c. One and one=half percent for each fiscal year of the
1 12 fiscal period beginning July 1, 2005, and ending June 30,
1 13 2015, into the public hunting, parks, and trails program fund
1 14 created in section 461A.81.
1 15 d. Two percent for the fiscal year beginning July 1, 2015,
1 16 and each subsequent fiscal year into the public hunting,
1 17 parks, and trails program fund created in section 461A.81.
1 18 Sec. 2. Section 423.43, subsection 3, Code 2005, is
1 19 amended to read as follows:
1 20 3. All other revenue arising derived from the use tax
1 21 under the operation of this chapter shall be credited to the
1 22 general fund of the state.
1 23 Sec. 3. NEW SECTION. 461A.81 PUBLIC HUNTING, PARKS, AND
1 24 TRAILS PROGRAM == APPROPRIATION.
1 25 1. ESTABLISHMENT. The department shall establish a public
1 26 hunting, parks, and trails program. The purpose of the
1 27 program is to provide funding for the lease and maintenance of
1 28 land for public hunting, for projects involving vertical
1 29 infrastructure in public parks, and for recreation trails
1 30 development. A public hunting, parks, and trails program fund
1 31 is created and funds appropriated for purposes of this section
1 32 pursuant to section 423.2, subsection 10, shall be maintained
1 33 in the public hunting, parks, and trails program fund and
1 34 shall be evenly divided and expended by the department to
1 35 undertake each of the stated purposes of this program as set
2 1 forth in subsections 2, 3, and 4. Notwithstanding section
2 2 8.33, unencumbered or unobligated moneys remaining at the end
2 3 of a fiscal year shall not revert but shall remain available
2 4 for expenditure during the following fiscal year for purposes
2 5 of the public hunting, parks, and trails program.
2 6 2. PUBLIC HUNTING PROJECTS. The department shall
2 7 undertake projects to enter into leases, for a duration agreed
2 8 to by the parties, of lands suitable for public hunting, and
2 9 rights=of=way thereto, and maintain the same for the purpose
2 10 of public hunting, to provide areas in which any person may
2 11 hunt in accordance with the law and the rules of the
2 12 department.
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 acquisition, 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 EXPLANATION
3 29 This bill appropriates funds to the conservation practices
3 30 revolving loan fund and to the public hunting, parks, and
3 31 trails program fund created in the bill.
3 32 The bill appropriates .5 percent of sales and use tax
3 33 receipts for a 10=year period from July 1, 2005, and ending
3 34 June 30, 2015, into the conservation practices revolving loan
3 35 fund created in Code section 161A.71 to be used for the
4 1 purpose of establishing new permanent soil and water
4 2 conservation 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 for the 10=year period from July 1,
4 8 2005, and ending June 30, 2015, and 2 percent thereafter to
4 9 fund the program.
4 10 The bill provides that the purpose of the program is to
4 11 undertake projects to lease and maintain land for public
4 12 hunting, undertake projects involving vertical infrastructure
4 13 in public parks, and to undertake projects for recreation
4 14 trails development. The bill provides that funds appropriated
4 15 for the program shall be evenly divided and expended by the
4 16 department to undertake the three stated purposes of the
4 17 program. 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.
4 27 The bill requires the department to undertake projects
4 28 involving existing and new vertical infrastructure in existing
4 29 and new parks.
4 30 The bill also requires the department to undertake projects
4 31 involving the acquisition, development, promotion, and
4 32 management of recreation trails throughout the state, but not
4 33 involving the purchase of rights=of=way to recreation trails.
4 34 The bill creates a public hunting, parks, and trails
4 35 program advisory board consisting of six public members who
5 1 represent three agricultural groups and three conservation,
5 2 habitat, and wildlife groups and who are appointed by the
5 3 director of the department of natural resources. The bill
5 4 provides that appointments to the advisory board are for three
5 5 years and that the board shall meet once annually in July for
5 6 the purpose of reviewing the projects undertaken in the
5 7 previous year to determine what public benefits have been
5 8 accomplished by the program. The bill also provides that the
5 9 advisory board shall prepare and deliver an annual report of
5 10 the board's findings to the general assembly on or before
5 11 December 15 of each year.
5 12 LSB 2576HH 81
5 13 av:rj/pj/5.2