Senate Study Bill 1285
SENATE/HOUSE FILE
BY (PROPOSED GOVERNOR'S
BUDGET BILL)
Passed Senate, Date Passed House, 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, and
4 vertical infrastructure fund and including an effective date
5 provision.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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 fiscal year beginning July 1, 2005, and ending June
1 6 30, 2006, the following amounts, or so much thereof as is
1 7 necessary, to be used for the purposes designated:
1 8 1. DEPARTMENT OF ADMINISTRATIVE SERVICES
1 9 a. For technology improvement projects:
1 10 .................................................. $ 6,500,000
1 11 b. For relocation and project costs directly associated
1 12 with remodeling projects on the capitol complex and for
1 13 facility lease payments:
1 14 .................................................. $ 1,824,000
1 15 2. DEPARTMENT OF CORRECTIONS
1 16 For maintenance costs of the department of corrections and
1 17 board of parole associated with the department of
1 18 administrative services:
1 19 .................................................. $ 105,300
1 20 3. DEPARTMENT OF CULTURAL AFFAIRS
1 21 a. For historical site preservation grants, to be used for
1 22 the restoration, preservation, and development of historical
1 23 sites:
1 24 .................................................. $ 500,000
1 25 Historical site preservation grants shall only be awarded
1 26 for projects which meet the definition of "vertical
1 27 infrastructure" in section 8.57B, subsection 3.
1 28 In making grants pursuant to this lettered paragraph, the
1 29 department shall consider the existence and amount of other
1 30 funds available to an applicant for the designated project. A
1 31 grant awarded from moneys appropriated in this lettered
1 32 paragraph shall not exceed $100,000 per project. Not more
1 33 than two grants may be awarded in the same county.
1 34 b. For continuation of the project recommended by the Iowa
1 35 battle flag advisory committee to stabilize the condition of
2 1 the battle flag collection:
2 2 .................................................. $ 220,000
2 3 4. DEPARTMENT OF EDUCATION
2 4 a. To provide resources for structural and technological
2 5 improvements to local libraries and for the enrich Iowa
2 6 program:
2 7 .................................................. $ 900,000
2 8 b. For maintenance and lease costs associated with
2 9 connections with part III of the Iowa communications network:
2 10 .................................................. $ 2,727,000
2 11 c. To the public broadcasting division for replacing
2 12 transmitters:
2 13 .................................................. $ 2,000,000
2 14 d. To the vocational rehabilitation division to replace
2 15 lost indirect costs:
2 16 .................................................. $ 101,164
2 17 5. DEPARTMENT OF PUBLIC DEFENSE
2 18 a. For construction of a national guard readiness center
2 19 in or near Iowa City:
2 20 .................................................. $ 318,000
2 21 b. For construction of a national guard readiness center
2 22 in or near Fort Dodge:
2 23 .................................................. $ 500,000
2 24 6. DEPARTMENT OF PUBLIC SAFETY
2 25 a. For costs of entering into a lease=purchase agreement
2 26 to upgrade the automated fingerprint identification system:
2 27 .................................................. $ 550,000
2 28 b. To the division of fire safety for allocation to the
2 29 fire service training bureau for the planning, design, and
2 30 construction of a regional training facility in the state:
2 31 .................................................. $ 150,000
2 32 Sec. 2. 2004 Iowa Acts, chapter 1175, section 288,
2 33 subsection 1, paragraph e, is amended to read as follows:
2 34 e. For costs associated with the remodeling of the records
2 35 and property center:
3 1 FY 2004=2005...................................... $ 5,000,000
3 2 FY 2005=2006...................................... $ 4,700,000
3 3 Sec. 3. 2004 Iowa Acts, chapter 1175, section 288,
3 4 subsection 4, paragraph b, is amended to read as follows:
3 5 b. For construction of a community=based correctional
3 6 facility, including district offices, in Davenport:
3 7 FY 2004=2005...................................... $ 3,000,000
3 8 FY 2005=2006...................................... $ 3,750,000
3 9 1,750,000
3 10 FY 2006=2007...................................... $ 3,750,000
3 11 It is the intent of the general assembly that the
3 12 department of management allocate the entire appropriation for
3 13 the fiscal year beginning July 1, 2006, to the department of
3 14 corrections by July 31, 2006.
3 15 Sec. 4. COMMISSION OF VETERANS AFFAIRS TRANSFER.
3 16 Notwithstanding 2002 Iowa Acts, chapter 1173, section 10,
3 17 subsection 13, any unencumbered and unobligated moneys
3 18 remaining on the effective date of this section from the
3 19 appropriation made in 2002 Iowa Acts, chapter 1173, section
3 20 10, subsection 12, may be transferred to the appropriation
3 21 made in 2002 Iowa Acts, chapter 1225, section 19, to be used
3 22 for the purposes designated in 2002 Iowa Acts, chapter 1225,
3 23 section 19, as amended by 2004 Iowa Acts, chapter 1175,
3 24 section 296.
3 25 Sec. 5. REVERSION. Notwithstanding section 8.33, moneys
3 26 appropriated from the rebuild Iowa infrastructure fund in this
3 27 division of this Act, except for the moneys appropriated in
3 28 section 1, subsection 2, for the department of corrections and
3 29 subsection 4, paragraph "d", for the vocational rehabilitation
3 30 division shall not revert at the close of the fiscal year for
3 31 which they were appropriated but shall remain available for
3 32 the purposes designated until the close of the fiscal year
3 33 that begins July 1, 2008, or until the project for which the
3 34 appropriation was made is completed, whichever is earlier.
3 35 This section does not apply to the sections in this division
4 1 of this Act that were previously enacted and are amended in
4 2 this division of this Act.
4 3 Sec. 6. Section 7E.5A, subsection 4, Code 2005, is amended
4 4 to read as follows:
4 5 4. As used in this section, "vertical infrastructure"
4 6 means the same as defined in section 8.57 8.57B, subsection 6,
4 7 paragraph "c" 3.
4 8 Sec. 7. Section 8.57, subsection 6, paragraph c, Code
4 9 2005, is amended by striking the paragraph and inserting in
4 10 lieu thereof the following:
4 11 c. Moneys in the fund in a fiscal year shall be used as
4 12 directed by the general assembly.
4 13 Sec. 8. Section 8.57A, subsection 4, Code 2005, is amended
4 14 to read as follows:
4 15 4. There is appropriated from the rebuild Iowa
4 16 infrastructure fund for the fiscal year beginning July 1,
4 17 2000, and for each fiscal year thereafter, the sum of thirty=
4 18 five million dollars to the environment first fund,
4 19 notwithstanding section 8.57, subsection 6, paragraph "c".
4 20 Sec. 9. Section 12E.12, subsection 1, paragraph b,
4 21 subparagraph (1), Code 2005, is amended to read as follows:
4 22 (1) The tax=exempt bond proceeds restricted capital funds
4 23 account. The net proceeds of tax=exempt bonds issued to
4 24 provide funds for capital projects, certain debt service, and
4 25 attorney fees related to the master settlement agreement which
4 26 the state treasurer is authorized and directed to deposit on
4 27 behalf of the state shall be deposited in the account and
4 28 shall be used to fund capital projects, certain debt service,
4 29 and the payment of attorney fees related to the master
4 30 settlement agreement. With respect to capital projects, it is
4 31 the intent of the general assembly to fund capital projects
4 32 that qualify as vertical infrastructure projects as defined in
4 33 section 8.57 8.57B, subsection 6, paragraph "c" 3, to the
4 34 extent practicable in any fiscal year and without limiting
4 35 other qualifying capital expenditures considered and approved
5 1 by a constitutional majority of each house of the general
5 2 assembly and the governor.
5 3 Sec. 10. Section 15.354, subsection 1, Code 2005, is
5 4 amended to read as follows:
5 5 1. The local housing assistance program fund is created
5 6 consisting of one million dollars appropriated from the
5 7 rebuild Iowa infrastructure fund each fiscal year starting
5 8 with the fiscal year beginning July 1, 1997, and ending June
5 9 30, 1998, and ending with the fiscal year beginning July 1,
5 10 2001, and ending June 30, 2002, notwithstanding section 8.57,
5 11 subsection 6, paragraph "c", and any other moneys appropriated
5 12 to or received by the department for deposit in the fund.
5 13 Sec. 11. Section 461A.3A, subsection 1, Code 2005, is
5 14 amended to read as follows:
5 15 1. The department shall establish a restore the outdoors
5 16 program. The purpose of the program is to provide funding for
5 17 projects involving existing vertical infrastructure as defined
5 18 in section 8.57 8.57B, subsection 6, paragraph "c" 3, or the
5 19 construction of new vertical infrastructure if the new
5 20 construction is required due to increased demand for
5 21 facilities at the park or if it is not cost=effective to
5 22 repair or renovate the existing vertical infrastructure.
5 23 Projects shall be limited to existing state parks and other
5 24 public facilities managed by the department.
5 25 Sec. 12. EFFECTIVE DATE. The section of this division of
5 26 this Act relating to the commission of veterans affairs
5 27 transfer, being deemed of immediate importance, takes effect
5 28 upon enactment.
5 29 DIVISION II
5 30 ENVIRONMENT FIRST FUND
5 31 Sec. 13. There is appropriated from the environment first
5 32 fund to the following departments and agencies for the fiscal
5 33 year beginning July 1, 2005, and ending June 30, 2006, the
5 34 following amounts, or so much thereof as is necessary, to be
5 35 used for the purposes designated:
6 1 1. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
6 2 a. For the conservation reserve enhancement program to
6 3 restore and construct wetlands for the purposes of
6 4 intercepting tile line runoff, reducing nutrient loss,
6 5 improving water quality, and enhancing agricultural production
6 6 practices:
6 7 .................................................. $ 2,000,000
6 8 Not more than 5 percent of the moneys appropriated in this
6 9 lettered paragraph may be used for costs of administration and
6 10 implementation of soil and water conservation practices.
6 11 b. For continuation of a program that provides
6 12 multiobjective resource protections for flood control, water
6 13 quality, erosion control, and natural resource conservation:
6 14 .................................................. $ 2,700,000
6 15 Not more than 5 percent of the moneys appropriated in this
6 16 lettered paragraph may be used for costs of administration and
6 17 implementation of soil and water conservation practices.
6 18 c. For continuation of a statewide voluntary farm
6 19 management demonstration program to demonstrate the
6 20 effectiveness and adaptability of emerging practices in
6 21 agronomy that protect water resources and provide other
6 22 environmental benefits:
6 23 .................................................. $ 1,000,000
6 24 Not more than 5 percent of the moneys appropriated in this
6 25 lettered paragraph may be used for costs of administration and
6 26 implementation of soil and water conservation practices.
6 27 Of the amount appropriated in this lettered paragraph,
6 28 $400,000 shall be allocated to the Iowa soybean association's
6 29 agriculture and environment performance program.
6 30 d. For deposit in the alternative drainage system
6 31 assistance fund created in section 460.303 to be used for
6 32 purposes of supporting the alternative drainage system
6 33 assistance program as provided in section 460.304:
6 34 .................................................. $ 500,000
6 35 Not more than 5 percent of the moneys appropriated in this
7 1 lettered paragraph may be used for costs of administration and
7 2 implementation of soil and water conservation practices.
7 3 e. To provide financial assistance for the establishment
7 4 of permanent soil and water conservation practices:
7 5 .................................................. $ 5,500,000
7 6 (1) Not more than 5 percent of the moneys appropriated in
7 7 this lettered paragraph may be allocated for cost=sharing to
7 8 abate complaints filed under section 161A.47.
7 9 (2) Of the moneys appropriated in this lettered paragraph,
7 10 5 percent shall be allocated for financial incentives to
7 11 establish practices to protect watersheds above publicly owned
7 12 lakes of the state from soil erosion and sediment as provided
7 13 in section 161A.73.
7 14 (3) Not more than 30 percent of a district's allocation of
7 15 moneys as financial incentives may be provided for the purpose
7 16 of establishing management practices to control soil erosion
7 17 on land that is row=cropped, including but not limited to no=
7 18 till planting, ridge=till planting, contouring, and contour
7 19 strip=cropping as provided in section 161A.73.
7 20 (4) The state soil conservation committee created in
7 21 section 161A.4 may allocate moneys appropriated in this
7 22 lettered paragraph to conduct research and demonstration
7 23 projects to promote conservation tillage and nonpoint source
7 24 pollution control practices.
7 25 (5) The financial incentive payments may be used in
7 26 combination with department of natural resources moneys.
7 27 (6) Not more than 10 percent of the moneys appropriated in
7 28 this lettered paragraph may be used for costs of
7 29 administration and implementation of soil and water
7 30 conservation practices.
7 31 f. To encourage and assist farmers in enrolling in and the
7 32 implementation of federal conservation programs and work with
7 33 them to enhance their revegetation efforts to improve water
7 34 quality and habitat:
7 35 .................................................. $ 2,000,000
8 1 Not more than 5 percent of the moneys appropriated in this
8 2 lettered paragraph may be used for costs of administration and
8 3 implementation of soil and water conservation practices.
8 4 g. For deposit in the loess hills development and
8 5 conservation fund created in section 161D.2:
8 6 .................................................. $ 600,000
8 7 Of the amount appropriated in this lettered paragraph,
8 8 $400,000 shall be allocated to the hungry canyons account and
8 9 $200,000 shall be allocated to the loess hills alliance
8 10 account, to be used for the purposes for which the moneys in
8 11 those accounts are authorized to be used under chapter 161D.
8 12 No more than 5 percent of the moneys allocated to each account
8 13 in this lettered paragraph may be used for administrative
8 14 costs.
8 15 h. For deposit in the southern Iowa development and
8 16 conservation fund created in section 161D.12:
8 17 .................................................. $ 300,000
8 18 Not more than 5 percent of the moneys appropriated in this
8 19 lettered paragraph may be used for administrative costs.
8 20 2. DEPARTMENT OF ECONOMIC DEVELOPMENT
8 21 For deposit in the brownfield redevelopment fund created in
8 22 section 15.293 to provide assistance under the brownfield
8 23 redevelopment program:
8 24 .................................................. $ 500,000
8 25 3. DEPARTMENT OF NATURAL RESOURCES
8 26 a. For statewide coordination of volunteer efforts under
8 27 the water quality and keepers of the land programs:
8 28 .................................................. $ 100,000
8 29 b. For purposes of funding capital projects for the
8 30 purposes specified in section 452A.79, and for expenditures
8 31 for the local cost share grants to be used for capital
8 32 expenditures to local governmental units for boating
8 33 accessibility:
8 34 .................................................. $ 2,300,000
8 35 c. For regular maintenance of state parks and staff time
9 1 associated with these activities:
9 2 .................................................. $ 2,000,000
9 3 RESOURCES ENHANCEMENT AND PROTECTION FUND
9 4 Sec. 14. Notwithstanding the amount of the standing
9 5 appropriation from the general fund of the state under section
9 6 455A.18, subsection 3, there is appropriated from the
9 7 environment first fund to the Iowa resources enhancement and
9 8 protection fund, in lieu of the appropriation made in section
9 9 455A.18, for the fiscal year beginning July 1, 2005, and
9 10 ending June 30, 2006, the following amount, to be allocated as
9 11 provided in section 455A.19:
9 12 .................................................. $ 15,500,000
9 13 Sec. 15. REVERSION.
9 14 1. Except as provided in subsection 2, and notwithstanding
9 15 section 8.33, moneys appropriated in this division of this Act
9 16 that remain unencumbered or unobligated shall not revert at
9 17 the close of the fiscal year for which they were appropriated
9 18 but shall remain available for the purposes designated until
9 19 the close of the fiscal year beginning July 1, 2006, or until
9 20 the project for which the appropriation was made is completed,
9 21 whichever is earlier.
9 22 2. Notwithstanding section 8.33, moneys appropriated in
9 23 this division of this Act to the department of agriculture and
9 24 land stewardship to provide financial assistance for the
9 25 establishment of permanent soil and water conservation
9 26 practices that remain unencumbered or unobligated at the close
9 27 of the fiscal year shall not revert but shall remain available
9 28 for expenditure for the purposes designated until the close of
9 29 the fiscal year that begins July 1, 2008.
9 30 DIVISION III
9 31 TOBACCO SETTLEMENT TRUST FUND
9 32 Sec. 16.
9 33 1. There is appropriated from the tax=exempt bond proceeds
9 34 restricted capital funds account of the tobacco settlement
9 35 trust fund to the following departments and agencies for the
10 1 fiscal year beginning July 1, 2005, and ending June 30, 2006,
10 2 the following amounts, or so much thereof as is necessary, to
10 3 be used for the purposes designated:
10 4 a. DEPARTMENT OF CORRECTIONS
10 5 (1) For the remodeling and renovation of the kitchen
10 6 facilities at the Anamosa correctional facility:
10 7 .................................................. $ 500,000
10 8 (2) For construction of a community=based correctional
10 9 facility, including district offices, in Davenport:
10 10 .................................................. $ 2,000,000
10 11 b. IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION
10 12 For equipment replacement:
10 13 .................................................. $ 1,704,719
10 14 c. DEPARTMENT OF HUMAN SERVICES
10 15 For remodeling and renovation of the sexually violent
10 16 predators unit located at the state mental health institute at
10 17 Cherokee:
10 18 .................................................. $ 1,050,000
10 19 2. TAX=EXEMPT STATUS == USE OF APPROPRIATIONS. Payment of
10 20 moneys from the appropriations in this section shall be made
10 21 in a manner that does not adversely affect the tax=exempt
10 22 status of any outstanding bonds issued by the tobacco
10 23 settlement authority.
10 24 3. REVERSION. Notwithstanding section 8.33, moneys
10 25 appropriated in this section shall not revert at the close of
10 26 the fiscal year for which they were appropriated but shall
10 27 remain available for the purposes designated until the close
10 28 of the fiscal year that begins July 1, 2006, or until the
10 29 project for which the appropriation was made is completed,
10 30 whichever is earlier.
10 31 Sec. 17. PAYMENTS IN LIEU OF TUITION. There is
10 32 appropriated from the tax=exempt bond proceeds restricted
10 33 capital funds account of the tobacco settlement trust fund to
10 34 the state board of regents for the fiscal year beginning July
10 35 1, 2005, and ending June 30, 2006, the following amount, or so
11 1 much thereof as is necessary, to be used for the purpose
11 2 designated:
11 3 For allocation by the state board of regents to the state
11 4 university of Iowa, the Iowa state university of science and
11 5 technology, and the university of northern Iowa to reimburse
11 6 the institutions for deficiencies in their operating funds
11 7 resulting from the pledging of tuitions, student fees and
11 8 charges, and institutional income to finance the cost of
11 9 providing academic and administrative buildings and facilities
11 10 and utility services at the institutions:
11 11 .................................................. $ 10,329,981
11 12 Sec. 18. PRISON DEBT SERVICE. There is appropriated from
11 13 the tax=exempt bond proceeds restricted capital funds account
11 14 of the tobacco settlement trust fund to the office of the
11 15 treasurer of state for the fiscal year beginning July 1, 2005,
11 16 and ending June 30, 2006, the following amount, or so much
11 17 thereof as is necessary, to be used for the purpose
11 18 designated:
11 19 For repayment of prison infrastructure bonds under section
11 20 16.177:
11 21 .................................................. $ 5,422,390
11 22 Sec. 19. The provision in section 12E.12, subsection 1,
11 23 paragraph "b", subparagraph (1), that limits the use of the
11 24 moneys in the tax=exempt bond proceeds restricted capital
11 25 funds account of the tobacco settlement trust fund shall not
11 26 apply to the appropriations made from such account in this
11 27 division of this Act.
11 28 DIVISION IV
11 29 VERTICAL INFRASTRUCTURE FUND
11 30 Sec. 20. There is appropriated from the vertical
11 31 infrastructure fund to the following departments and agencies
11 32 for the fiscal year beginning July 1, 2005, and ending June
11 33 30, 2006, the following amounts, or so much thereof as is
11 34 necessary, to be used for the purposes designated:
11 35 1. DEPARTMENT OF ADMINISTRATIVE SERVICES
12 1 a. For routine maintenance of state buildings and
12 2 facilities:
12 3 .................................................. $ 2,000,000
12 4 b. For major renovation and major repair needs, including
12 5 health, life, and fire safety needs, and for compliance with
12 6 the federal Americans With Disabilities Act, for state
12 7 buildings and facilities under the purview of the department:
12 8 .................................................. $ 5,000,000
12 9 Of the amount appropriated in this lettered paragraph, up
12 10 to $200,000 may be used for costs associated with the vertical
12 11 infrastructure program, notwithstanding section 8.57B,
12 12 subsection 3.
12 13 c. For maintenance of the Terrace Hill complex:
12 14 .................................................. $ 571,000
12 15 d. For costs associated with the remodeling of the records
12 16 and property center:
12 17 .................................................. $ 4,700,000
12 18 2. DEPARTMENT OF CORRECTIONS
12 19 For capital projects and associated costs and lease
12 20 purchases for electrical systems under the purview of the
12 21 department:
12 22 .................................................. $ 500,000
12 23 3. DEPARTMENT OF PUBLIC DEFENSE
12 24 a. For construction of a national guard readiness center
12 25 in or near Iowa City:
12 26 .................................................. $ 1,229,000
12 27 b. For maintenance and repair of national guard armories
12 28 and facilities:
12 29 .................................................. $ 1,000,000
12 30 Sec. 21. REVERSION. Notwithstanding section 8.33, moneys
12 31 appropriated from the vertical infrastructure fund in this
12 32 division of this Act shall not revert at the close of the
12 33 fiscal year for which they were appropriated but shall remain
12 34 available for the purposes designated until the close of the
12 35 fiscal year that begins July 1, 2008, or until the project for
13 1 which the appropriation was made is completed, whichever is
13 2 earlier.
13 3 EXPLANATION
13 4 This bill makes appropriations for FY 2005=2006 from the
13 5 rebuild Iowa infrastructure fund, environment first fund, tax=
13 6 exempt bond proceeds restricted capital funds account of the
13 7 tobacco settlement trust fund, and vertical infrastructure
13 8 fund for various capital and other projects. Appropriations
13 9 from the rebuild Iowa infrastructure fund include projects for
13 10 the departments of administrative services, corrections,
13 11 cultural affairs, education, public defense, and public
13 12 safety.
13 13 The bill appropriates funds from the environment first fund
13 14 to the departments of agriculture and land stewardship,
13 15 economic development, and natural resources. The bill
13 16 appropriates $15.5 million from the environment first fund to
13 17 the resources enhancement and protection fund in lieu of the
13 18 $20 million appropriated by statute from the general fund of
13 19 the state.
13 20 The bill makes appropriations from the tax=exempt bond
13 21 proceeds restricted capital funds account of the tobacco
13 22 settlement trust fund for projects for the departments of
13 23 corrections and human services and the Iowa telecommunications
13 24 and technology commission.
13 25 The bill also appropriates funds from the tax=exempt bond
13 26 proceeds restricted capital funds account of the tobacco
13 27 settlement trust fund to the state board of regents for
13 28 tuition replacement and to the office of the treasurer of
13 29 state for debt service for repayment of prison infrastructure
13 30 bonds.
13 31 The bill also appropriates funds from the vertical
13 32 infrastructure fund for capital projects of the departments of
13 33 administrative services, corrections, and public defense.
13 34 LSB 1104XG 81
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