Senate File 403 - Reprinted
SENATE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO SSB 1247)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act addressing financial and regulatory matters by making and
2 revising appropriations, providing for properly related
3 matters, and providing effective dates.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1112SV 82
6 jp/gg/14
PAG LIN
1 1 DIVISION I
1 2 ADMINISTRATION AND REGULATION
1 3 DEPARTMENT OF ADMINISTRATIVE SERVICES
1 4 UTILITY COSTS
1 5 Section 1. 2006 Iowa Acts, chapter 1177, section 1,
1 6 subsection 2, is amended to read as follows:
1 7 2. For the payment of utility costs:
1 8 .................................................. $ 3,080,865
1 9 4,080,865
1 10 Notwithstanding section 8.33, any excess funds appropriated
1 11 for utility costs in this subsection shall not revert to the
1 12 general fund of the state at the end of the fiscal year but
1 13 shall remain available for expenditure for the purposes of
1 14 this subsection during the fiscal year beginning July 1, 2007.
1 15 It is the intent of the general assembly that the
1 16 department shall reduce utility costs through energy
1 17 conservation practices. The goal of the general assembly is
1 18 to reduce energy use by ten percent to save money, conserve
1 19 energy resources, and reduce pollution.
1 20 OFFICE OF GOVERNOR
1 21 Sec. 2. 2006 Iowa Acts, chapter 1177, section 10,
1 22 subsection 2, is amended to read as follows:
1 23 2. TERRACE HILL QUARTERS
1 24 For salaries, support, maintenance, and miscellaneous
1 25 purposes for the governor's quarters at Terrace Hill, and for
1 26 not more than the following full=time equivalent positions:
1 27 .................................................. $ 378,633
1 28 483,633
1 29 ............................................... FTEs 8.00
1 30 Sec. 3. 2006 Iowa Acts, chapter 1177, section 10,
1 31 subsection 6, paragraph b, is amended to read as follows:
1 32 b. For payment to the governor=elect expense fund in lieu
1 33 of the appropriation from the general fund of the state under
1 34 section 7.13 to the governor=elect expense fund:
1 35 .................................................. $ 100,000
2 1 170,000
2 2 DEPARTMENT OF REVENUE
2 3 OPERATIONS
2 4 Sec. 4. 2006 Iowa Acts, chapter 1177, section 18,
2 5 unnumbered paragraph 2, is amended to read as follows:
2 6 For salaries, support, maintenance, and miscellaneous
2 7 purposes, and for not more than the following full=time
2 8 equivalent positions:
2 9 ................................................. $ 23,138,575
2 10 23,238,575
2 11 .............................................. FTEs 392.64
2 12 GOVERNOR
2 13 Sec. 5. OFFICE OF RENEWABLE ENERGY. There is appropriated
2 14 from the general fund of the state to the office of the
2 15 governor and lieutenant governor for the fiscal year beginning
2 16 July 1, 2006, and ending June 30, 2007, the following amount,
2 17 or so much thereof as is necessary, to be used for the
2 18 purposes designated:
2 19 For initial implementation of an office of renewable
2 20 energy, in lieu of any other appropriation or allocation made
2 21 for this purpose for the fiscal year of the appropriation and
2 22 for the succeeding fiscal year, including salaries, support,
2 23 maintenance, miscellaneous purposes and for not more than the
2 24 following full=time equivalent positions:
2 25 .................................................. $ 250,000
2 26 ............................................... FTEs 3.00
2 27 Notwithstanding section 8.33, moneys appropriated in this
2 28 section that remain unencumbered or unobligated at the close
2 29 of the fiscal year shall not revert but shall remain available
2 30 for expenditure for the purposes designated until the close of
2 31 the succeeding fiscal year.
2 32 DIVISION II
2 33 EDUCATION
2 34 STATE BOARD OF REGENTS
2 35 Sec. 6. BIOMASS PRODUCTION PROJECT. There is appropriated
3 1 from the general fund of the state to the state board of
3 2 regents for the fiscal year beginning July 1, 2006, and ending
3 3 June 30, 2007, the following amount, or so much thereof as may
3 4 be necessary, to be used for the purpose designated:
3 5 For a biomass production project at the university of
3 6 northern Iowa to determine the feasibility of burning prairie
3 7 vegetation for electrical generation:
3 8 .................................................. $ 330,000
3 9 Notwithstanding section 8.33, moneys appropriated in this
3 10 section that remain unencumbered or unobligated at the close
3 11 of the fiscal year shall not revert but shall remain available
3 12 for expenditure for the purposes designated until the close of
3 13 the succeeding fiscal year.
3 14 DEPARTMENT OF CULTURAL AFFAIRS
3 15 Sec. 7. 2006 Iowa Acts, chapter 1185, section 41,
3 16 subsection 1, is amended to read as follows:
3 17 1. For the African=American historical museum and cultural
3 18 center of Iowa in Cedar Rapids:
3 19 .................................................. $ 85,000
3 20 160,000
3 21 Notwithstanding section 8.33, moneys appropriated in this
3 22 subsection that remain unencumbered or unobligated at the
3 23 close of the fiscal year shall not revert but shall remain
3 24 available for expenditure for the purposes designated until
3 25 expended. The historical museum and cultural center shall
3 26 report to the department and the members and staff of the
3 27 joint appropriations subcommittee on economic development on
3 28 or before December 15, 2007, detailing the planned and actual
3 29 uses for the moneys appropriated in this subsection.
3 30 Sec. 8. IOWA CAUCUS PROJECT. There is appropriated from
3 31 the general fund of the state to the department of cultural
3 32 affairs for the fiscal year beginning July 1, 2006, and ending
3 33 June 30, 2007, the following amount, or so much thereof as is
3 34 necessary, to be used for the purposes designated:
3 35 For funding of the Iowa caucus project:
4 1 .................................................. $ 500,000
4 2 Notwithstanding section 8.33, moneys appropriated in this
4 3 section that remain unencumbered or unobligated at the close
4 4 of the fiscal year shall not revert but shall remain available
4 5 for expenditure for the purposes designated until the close of
4 6 the succeeding fiscal year.
4 7 DEPARTMENT OF EDUCATION
4 8 Sec. 9. SKILLS IOWA TECHNOLOGY GRANT PROGRAM.
4 9 1. There is appropriated from the general fund of the
4 10 state to the department of education for the fiscal year
4 11 beginning July 1, 2006, and ending June 30, 2007, the
4 12 following amount, or so much thereof as is necessary, to be
4 13 used for the purposes designated:
4 14 For continuation of the skills Iowa technology grant
4 15 program in accordance with this section:
4 16 .................................................. $ 3,000,000
4 17 2. The amount appropriated in this section shall be used
4 18 to continue the skills Iowa technology grant program,
4 19 previously known as the follow=the=leader technology grant
4 20 program. The purpose of the program is to provide assessment
4 21 and remediation tools to classrooms, to enhance teachers'
4 22 ability to easily assess the skill levels of individual
4 23 students and prescribe individualized instruction plans based
4 24 on those assessments, and provide for professional development
4 25 of teachers. The department shall contract with a
4 26 not=for=profit entity with at least two years experience with
4 27 the skills Iowa technology program and in providing technical
4 28 assistance to schools in Iowa. The goals for the contractor
4 29 shall include minimizing disruption in the use of skills Iowa
4 30 in schools. Any departmental administrative expenses
4 31 associated with this appropriation shall not exceed $50,000.
4 32 3. Notwithstanding section 8.33, moneys appropriated in
4 33 this section that remain unencumbered or unobligated at the
4 34 close of the fiscal year shall not revert but shall remain
4 35 available for expenditure for the purposes designated until
5 1 the close of the succeeding fiscal year.
5 2 Sec. 10. ASSISTIVE TECHNOLOGY LOANS.
5 3 1. There is appropriated from the general fund of the
5 4 state to the department of education for the fiscal year
5 5 beginning July 1, 2006, and ending June 30, 2007, the
5 6 following amount, or so much thereof as is necessary, to be
5 7 used for the purposes designated:
5 8 For the division of vocational rehabilitation services to
5 9 issue a grant to a foundation to provide assistive technology
5 10 loans and loan guarantees in accordance with this section:
5 11 .................................................. $ 500,000
5 12 2. The foundation must be headquartered in Iowa and be
5 13 qualified as tax exempt under section 501(c)(3) of the
5 14 Internal Revenue Code; operate for the purpose of offering
5 15 loans to Iowans who need to purchase assistive technology such
5 16 as specialized computers or software, wheelchairs,
5 17 communication devices, home modifications, vehicle
5 18 modifications, and other devices; have been in existence since
5 19 1998; have offices in Des Moines and Centerville; and have
5 20 experience in partnering with banks and the Iowa finance
5 21 authority in providing loans.
5 22 3. The grant shall require the grantee to provide a
5 23 dollar=for=dollar match.
5 24 4. The grant shall be used to provide loans and loan
5 25 guarantees to or on behalf of Iowa residents who have a
5 26 disability or disabling condition, are in need of assistive
5 27 technology, are able to meet lending and purpose requirements,
5 28 and are able to repay the loan.
5 29 5. Notwithstanding section 8.33, moneys appropriated in
5 30 this section that remain unencumbered or unobligated at the
5 31 close of the fiscal year shall not revert but shall remain
5 32 available for expenditure for the purposes designated until
5 33 the close of the succeeding fiscal year.
5 34 Sec. 11. MOBILE PRODUCTION UNIT. There is appropriated
5 35 from the general fund of the state to the department of
6 1 education for the fiscal year beginning July 1, 2006, and
6 2 ending June 30, 2007, the following amount, or so much thereof
6 3 as is necessary, to be used for the purposes designated:
6 4 For the public broadcasting division to purchase a mobile
6 5 television production unit and digital equipment:
6 6 .................................................. $ 1,000,000
6 7 Notwithstanding section 8.33, moneys appropriated in this
6 8 section that remain unencumbered or unobligated at the close
6 9 of the fiscal year shall not revert but shall remain available
6 10 for expenditure for the purposes designated until the close of
6 11 the fiscal year beginning July 1, 2008.
6 12 DIVISION III
6 13 HEALTH AND HUMAN SERVICES
6 14 IOWACARE PROGRAM
6 15 Sec. 12. 2006 Iowa Acts, chapter 1184, section 60, is
6 16 amended by adding the following new subsection:
6 17 NEW SUBSECTION. 4. There is appropriated from the
6 18 IowaCare account created in section 249J.24 to the department
6 19 of human services for reimbursement to the university of Iowa
6 20 hospitals and clinics for the fiscal year beginning July 1,
6 21 2006, and ending June 30, 2007, the following amount, or so
6 22 much thereof as is necessary, to be used for the purposes
6 23 designated:
6 24 For salaries, support, maintenance, equipment, and
6 25 miscellaneous purposes, for the provision of medical and
6 26 surgical treatment of indigent patients, for provision of
6 27 services to members of the expansion population pursuant to
6 28 chapter 249J, and for medical education:
6 29 .................................................. $ 10,000,000
6 30 The amount appropriated in this subsection shall be
6 31 distributed only if federal funds are available to match the
6 32 amount appropriated and expenses are incurred to serve the
6 33 IowaCare expansion population.
6 34 Notwithstanding section 8.33, moneys appropriated in this
6 35 subsection that remain unencumbered or unobligated at the
7 1 close of the fiscal year shall not revert but shall remain
7 2 available for expenditure for the purposes designated until
7 3 the close of the succeeding fiscal year.
7 4 DIVISION IV
7 5 JUSTICE SYSTEM
7 6 DEPARTMENT OF CORRECTIONS
7 7 FACILITIES
7 8 Sec. 13. 2006 Iowa Acts, chapter 1183, section 4,
7 9 subsection 1, paragraphs b, c, e, g, and j, are amended to
7 10 read as follows:
7 11 b. For the operation of the Anamosa correctional facility,
7 12 including salaries, support, maintenance, and miscellaneous
7 13 purposes:
7 14 .................................................. $ 28,903,747
7 15 29,253,747
7 16 Moneys are provided within this appropriation for one
7 17 full=time substance abuse counselor for the Luster Heights
7 18 facility, for the purpose of certification of a substance
7 19 abuse program at that facility.
7 20 c. For the operation of the Oakdale correctional facility,
7 21 including salaries, support, maintenance, and miscellaneous
7 22 purposes:
7 23 .................................................. $ 28,972,190
7 24 32,392,728
7 25 e. For the operation of the Mt. Pleasant correctional
7 26 facility, including salaries, support, maintenance, and
7 27 miscellaneous purposes:
7 28 .................................................. $ 24,929,418
7 29 25,479,418
7 30 g. For the operation of the Clarinda correctional
7 31 facility, including salaries, support, maintenance, and
7 32 miscellaneous purposes:
7 33 .................................................. $ 24,251,587
7 34 24,651,587
7 35 Moneys received by the department of corrections as
8 1 reimbursement for services provided to the Clarinda youth
8 2 corporation are appropriated to the department and shall be
8 3 used for the purpose of operating the Clarinda correctional
8 4 facility.
8 5 j. For reimbursement of counties for temporary confinement
8 6 of work release and parole violators, as provided in sections
8 7 901.7, 904.908, and 906.17 and for offenders confined pursuant
8 8 to section 904.513:
8 9 .................................................. $ 799,954
8 10 1,199,954
8 11 DEPARTMENT OF CORRECTIONS
8 12 ADMINISTRATION
8 13 Sec. 14. 2006 Iowa Acts, chapter 1183, section 5,
8 14 subsection 1, paragraph a, unnumbered paragraph 1, is amended
8 15 to read as follows:
8 16 For general administration, including salaries, support,
8 17 maintenance, employment of an education director to administer
8 18 a centralized education program for the correctional system,
8 19 and miscellaneous purposes:
8 20 .................................................. $ 3,928,438
8 21 4,128,438
8 22 DEPARTMENT OF PUBLIC SAFETY
8 23 DIVISION OF CRIMINAL INVESTIGATION
8 24 Sec. 15. 2006 Iowa Acts, chapter 1183, section 16,
8 25 subsection 2, unnumbered paragraph 1, is amended to read as
8 26 follows:
8 27 For the division of criminal investigation, including the
8 28 state's contribution to the peace officers' retirement,
8 29 accident, and disability system provided in chapter 97A in the
8 30 amount of 17 percent of the salaries for which the funds are
8 31 appropriated, to meet federal fund matching requirements, and
8 32 for not more than the following full=time equivalent
8 33 positions:
8 34 .................................................. $ 18,673,875
8 35 19,140,375
9 1 ............................................... FTEs 270.50
9 2 DEPARTMENT OF PUBLIC SAFETY
9 3 STATE FIRE MARSHAL
9 4 Sec. 16. 2006 Iowa Acts, chapter 1183, section 16,
9 5 subsection 5, paragraph a, is amended to read as follows:
9 6 a. For the division of state fire marshal, including the
9 7 state's contribution to the peace officers' retirement,
9 8 accident, and disability system provided in chapter 97A in the
9 9 amount of 17 percent of the salaries for which the funds are
9 10 appropriated, and for not more than the following full=time
9 11 equivalent positions:
9 12 .................................................. $ 2,513,247
9 13 2,613,247
9 14 ............................................... FTEs 41.00
9 15 DEPARTMENT OF PUBLIC SAFETY
9 16 STATE PATROL
9 17 Sec. 17. 2006 Iowa Acts, chapter 1183, section 16,
9 18 subsection 6, unnumbered paragraph 1, is amended to read as
9 19 follows:
9 20 For the division of state patrol, for salaries, support,
9 21 maintenance, workers' compensation costs, and miscellaneous
9 22 purposes, including the state's contribution to the peace
9 23 officers' retirement, accident, and disability system provided
9 24 in chapter 97A in the amount of 17 percent of the salaries for
9 25 which the funds are appropriated, and for not more than the
9 26 following full=time equivalent positions:
9 27 .................................................. $ 45,185,618
9 28 45,335,618
9 29 ............................................... FTEs 531.00
9 30 Sec. 18. EQUIPMENT. There is appropriated from the
9 31 general fund of the state to the department of public safety
9 32 for the fiscal year beginning July 1, 2006, and ending June
9 33 30, 2007, the following amount, or so much thereof as is
9 34 necessary, to be used for the purposes designated:
9 35 For equipment costs:
10 1 .................................................. $ 300,000
10 2 Notwithstanding section 8.33, moneys appropriated in this
10 3 section that remain unencumbered or unobligated at the close
10 4 of the fiscal year shall not revert but shall remain available
10 5 for expenditure for the purposes designated until the close of
10 6 the succeeding fiscal year.
10 7 DIVISION V
10 8 INFRASTRUCTURE, TECHNOLOGY, AND EQUIPMENT
10 9 REBUILD IOWA INFRASTRUCTURE FUND
10 10 Sec. 19. IOWA JUVENILE HOME. There is appropriated from
10 11 the rebuild Iowa infrastructure fund to the department of
10 12 administrative services for the fiscal year beginning July 1,
10 13 2006, and ending June 30, 2007, the following amount, or so
10 14 much thereof as is necessary, to be used for the purpose
10 15 designated:
10 16 For the Iowa juvenile home powerhouse:
10 17 .................................................. $ 7,035,000
10 18 Notwithstanding section 8.33, moneys appropriated in this
10 19 section that remain unencumbered or unobligated at the close
10 20 of the fiscal year shall not revert but shall remain available
10 21 for expenditure for the purposes designated until the close of
10 22 the fiscal year that begins July 1, 2010, or until the project
10 23 for which the appropriation was made is completed, whichever
10 24 is earlier.
10 25 TOBACCO SETTLEMENT TRUST FUND AND ROAD USE TAX FUND
10 26 Sec. 20. FY 2006=2007. There is appropriated from the
10 27 tax=exempt bond proceeds restricted capital funds account of
10 28 the tobacco settlement trust fund to the following departments
10 29 and agencies for the fiscal year beginning July 1, 2006, and
10 30 ending June 30, 2007, the following amounts, or so much
10 31 thereof as is necessary, to be used for the purposes
10 32 designated:
10 33 1. DEPARTMENT OF ADMINISTRATIVE SERVICES
10 34 a. For costs associated with the replacement of the roof
10 35 at the governor's mansion at Terrace Hill:
11 1 .................................................. $ 700,000
11 2 b. For upgrades to the electrical distribution system
11 3 serving the capitol complex:
11 4 .................................................. $ 800,000
11 5 2. DEPARTMENT OF PUBLIC SAFETY
11 6 For costs associated with the acquisition and maintenance
11 7 of property, the purchase and installation of radio consoles
11 8 at public safety facilities, and the purchase of equipment:
11 9 .................................................. $ 2,400,000
11 10 CHANGES TO PRIOR APPROPRIATIONS
11 11 DEPARTMENT OF ADMINISTRATIVE SERVICES
11 12 FY 2004=2005
11 13 Sec. 21. 2004 Iowa Acts, chapter 1175, section 304,
11 14 subsection 1, paragraph a, is amended to read as follows:
11 15 a. For the payment of claims relating to the purchase and
11 16 implementation of an integrated information for Iowa system,
11 17 notwithstanding section 12E.12, subsection 1, paragraph "b",
11 18 subparagraph (1):
11 19 .................................................. $ 6,049,284
11 20 4,549,284
11 21 DEPARTMENT OF PUBLIC SAFETY
11 22 FY 2005=2006
11 23 Sec. 22. 2006 Iowa Acts, chapter 1179, section 12,
11 24 subsection 1, paragraph e, is amended to read as follows:
11 25 e. DEPARTMENT OF PUBLIC SAFETY
11 26 For construction of an Iowa state patrol post in district
11 27 8:
11 28 .................................................. $ 2,400,000
11 29 0
11 30 OFFICE OF TREASURER OF STATE
11 31 Sec. 23. There is appropriated from the road use tax fund
11 32 to the office of the treasurer of state for the fiscal year
11 33 beginning July 1, 2006, and ending June 30, 2007, the
11 34 following amount, or so much thereof as is necessary, to be
11 35 used for the purposes designated:
12 1 For information technology=related expenses:
12 2 .................................................. $ 93,148
12 3 DIVISION VI
12 4 OTHER APPROPRIATIONS
12 5 Sec. 24. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND
12 6 DEVELOPMENTAL DISABILITIES FUNDING. There is appropriated
12 7 from the property tax relief fund created in section 426B.1 to
12 8 the department of human services for the fiscal year beginning
12 9 July 1, 2006, and ending June 30, 2007, the following amount,
12 10 or so much thereof as is necessary, to be used for the
12 11 purposes designated:
12 12 For payment to a county with a population of more than
12 13 8,650 but less than 9,000, according to the 2005 population
12 14 estimate issued by the federal government, of an amount equal
12 15 to the second property tax relief fund distribution that was
12 16 payable to the county in January 2006, not to exceed the
12 17 amount appropriated in this section, had the county met the
12 18 requirement under section 331.439, subsection 1, paragraph
12 19 "a", to report by December 1, 2005, expenditures for mental
12 20 health, mental retardation, and developmental disabilities for
12 21 the previous fiscal year:
12 22 .................................................. $ 121,124
12 23 The county shall credit the amount received by the county
12 24 pursuant to the appropriation made in this section to the
12 25 county's mental health, mental retardation, and developmental
12 26 disabilities services fund created under section 331.424A, for
12 27 expenditure from the services fund as provided by law.
12 28 Sec. 25. ALLOWED GROWTH FUNDING.
12 29 1. There is appropriated from the property tax relief fund
12 30 created in section 426B.1 to the department of human services
12 31 for the fiscal year beginning July 1, 2006, and ending June
12 32 30, 2007, the following amount, or so much thereof as is
12 33 necessary, to be used for the purposes designated:
12 34 For allocation to a county as provided in this section:
12 35 .................................................. $ 121,960
13 1 2. There is appropriated from the general fund of the
13 2 state to the department of human services for the fiscal year
13 3 beginning July 1, 2006, and ending June 30, 2007, the
13 4 following amount, or so much thereof as is necessary, to be
13 5 used for the purposes designated:
13 6 For allocation to a county as provided in this section:
13 7 .................................................. $ 52,265
13 8 3. The appropriations made in this section shall be
13 9 allocated to a county with a general population of more than
13 10 10,500 but less than 10,600, according to the most recent
13 11 population estimate issued by the federal government, and that
13 12 met the requirements for distribution in January 2007 of
13 13 allowed growth factor adjustment funding under the per capita
13 14 expenditure target pool provisions in accordance with sections
13 15 331.438 and 426B.5 and 2005 Iowa Acts, chapter 179, section 1,
13 16 as amended by 2006 Iowa Acts, chapter 1184, section 73, except
13 17 that the county's per capita expenditure amount was in excess
13 18 of the statewide per capita expenditure target amount.
13 19 The county receiving the allocation made in this section
13 20 shall credit the allocation to the county's mental health,
13 21 mental retardation, and developmental disabilities services
13 22 fund under section 331.424A.
13 23 DIVISION VII
13 24 REAL ESTATE EDUCATION
13 25 Sec. 26. NEW SECTION. 268.6 REAL ESTATE EDUCATION
13 26 PROGRAM.
13 27 There is appropriated from the general fund of the state to
13 28 the state board of regents for the fiscal year beginning July
13 29 1, 2008, and for each succeeding fiscal year, one hundred
13 30 sixty thousand dollars for allocation to the university of
13 31 northern Iowa to be used for continuation of the real estate
13 32 education program.
13 33 Sec. 27. Section 543B.54, Code 2007, is amended to read as
13 34 follows:
13 35 543B.54 REAL ESTATE EDUCATION FUND.
14 1 1. The Iowa real estate education fund is created as a
14 2 financial assurance mechanism to assist in the establishment
14 3 and maintenance of a college credit real estate education
14 4 program at the university of northern Iowa programs at Iowa
14 5 community colleges and other Iowa colleges and universities,
14 6 and to assist the real estate commission in providing an
14 7 education director. The fund is created as a separate fund in
14 8 the state treasury, and any funds remaining in the fund at the
14 9 end of each fiscal year shall not revert to the general fund,
14 10 but shall remain in the Iowa real estate education fund.
14 11 2. Twenty=five dollars per license from fees deposited for
14 12 each real estate salesperson's license and each broker's
14 13 license shall be distributed and are appropriated to the board
14 14 of regents real estate commission for the purpose of
14 15 establishing and maintaining a real estate education program
14 16 at the university of northern Iowa a program to provide grants
14 17 to community colleges and other colleges and universities in
14 18 the state providing programs under this section and using the
14 19 curriculum maintained by the commission. Grants shall be
14 20 awarded by a grant committee established by the real estate
14 21 commission. The committee shall consist of seven members:
14 22 two members of the commission, four members of the Iowa
14 23 association of realtors, and one member of the general public.
14 24 The commission shall promulgate rules relating to the
14 25 organization and operation of the committee, which shall
14 26 include the term of membership, and establishing standards for
14 27 awarding grants. The members of the committee may be
14 28 reimbursed for actual and necessary expenses incurred in the
14 29 performance of their duties but shall not receive a per diem
14 30 payment.
14 31 3. The remaining moneys in the fund shall be distributed
14 32 and are appropriated to the professional licensing and
14 33 regulation bureau of the banking division of the department of
14 34 commerce for the purpose of hiring and compensating a real
14 35 estate education director and regulatory compliance personnel.
15 1 Sec. 28. REAL ESTATE EDUCATION PROGRAM. There is
15 2 appropriated from the general fund of the state to the state
15 3 board of regents for the fiscal year beginning July 1, 2006,
15 4 and ending June 30, 2007, the following amount, or so much
15 5 thereof as is necessary, to be used for the purposes
15 6 designated:
15 7 For allocation to the university of northern Iowa for the
15 8 real estate education program for expenditure after June 30,
15 9 2007:
15 10 .................................................. $ 160,000
15 11 Notwithstanding section 8.33, moneys appropriated in this
15 12 section that remain unencumbered or unobligated at the close
15 13 of the fiscal year shall not revert but shall remain available
15 14 for expenditure for the purposes designated until the close of
15 15 the succeeding fiscal year.
15 16 Sec. 29. EFFECTIVE DATE. The sections of this division of
15 17 this Act enacting section 268.6 and amending section 534B.54
15 18 take effect July 1, 2007.
15 19 DIVISION VIII
15 20 DISPOSAL OF STATE REAL PROPERTY
15 21 Sec. 30. Section 8D.11, subsection 1, Code 2007, is
15 22 amended to read as follows:
15 23 1. a. The commission may purchase, lease, and improve
15 24 property, equipment, and services for telecommunications for
15 25 public and private agencies and may dispose of property and
15 26 equipment when not necessary for its purposes. However, the
15 27 commission shall not enter into a contract for the purchase,
15 28 lease, or improvement of property, equipment, or services for
15 29 telecommunications pursuant to this subsection in an amount
15 30 greater than one million dollars without prior authorization
15 31 by a constitutional majority of each house of the general
15 32 assembly, or approval by the legislative council if the
15 33 general assembly is not in session. The sale, exchange, or
15 34 other means of disposal of property with a fair market value
15 35 of five million dollars or more requires the prior
16 1 authorization of a constitutional majority of each house of
16 2 the general assembly and approval by the governor.
16 3 b. The commission shall not issue any bonding or other
16 4 long=term financing arrangements as defined in section 12.30,
16 5 subsection 1, paragraph "b". Real or personal property to be
16 6 purchased by the commission through the use of a financing
16 7 agreement shall be done in accordance with the provisions of
16 8 section 12.28, provided, however, that the commission shall
16 9 not purchase property, equipment, or services for
16 10 telecommunications pursuant to this subsection in an amount
16 11 greater than one million dollars without prior authorization
16 12 by a constitutional majority of each house of the general
16 13 assembly, or approval by the legislative council if the
16 14 general assembly is not in session.
16 15 Sec. 31. Section 29A.57, subsection 2, Code 2007, is
16 16 amended to read as follows:
16 17 2. The board may acquire land or real estate by purchase,
16 18 contract for purchase, gift, or bequest and acquire, own,
16 19 contract for the construction of, erect, purchase, maintain,
16 20 alter, operate, and repair installations and facilities of the
16 21 Iowa national guard and the Iowa air national guard when funds
16 22 for the installations and facilities are made available by the
16 23 federal government, the state of Iowa, municipalities,
16 24 corporations or individuals. The title to the property so
16 25 acquired shall be taken in the name of the state of Iowa and
16 26 the real estate. If recommended by the board and authorized
16 27 by a constitutional majority of each house of the general
16 28 assembly and approved by the governor, real property with a
16 29 fair market value of five million dollars or more may be sold
16 30 or exchanged by the executive council, upon recommendation of
16 31 the board, when it is no longer needed for the purpose for
16 32 which it was acquired. Income or revenue derived from the
16 33 sale of the real estate shall be credited to the national
16 34 guard facilities improvement fund and used for the purposes
16 35 specified in section 29A.14, subsection 2.
17 1 Sec. 32. Section 99G.21, subsection 3, Code 2007, is
17 2 amended to read as follows:
17 3 3. Notwithstanding any other provision of law, any
17 4 purchase of real property and any borrowing of more than one
17 5 million dollars by the authority shall require written notice
17 6 from the authority to the legislative government oversight
17 7 committees and the prior approval of the executive council.
17 8 The sale, exchange, or other means of disposal of real
17 9 property with a fair market value of five million dollars or
17 10 more requires the authorization of a constitutional majority
17 11 of each house of the general assembly and approval by the
17 12 governor.
17 13 Sec. 33. Section 173.14, subsection 8, Code 2007, is
17 14 amended to read as follows:
17 15 8. Take, acquire, hold, and dispose of property by deed,
17 16 gift, devise, bequest, lease, or eminent domain. The title to
17 17 real estate acquired under this subsection and improvements
17 18 erected on the real estate shall be taken and held in the name
17 19 of the state of Iowa and shall be under the custody and
17 20 control of the board. The sale, exchange, or other means of
17 21 disposal of real property with a fair market value of five
17 22 million dollars or more requires the prior authorization of a
17 23 constitutional majority of each house of the general assembly
17 24 and approval by the governor. In the exercise of the power of
17 25 eminent domain the board shall proceed in the manner provided
17 26 in chapters 6A and 6B.
17 27 Sec. 34. Section 260C.14, subsection 6, Code 2007, is
17 28 amended to read as follows:
17 29 6. Have authority to sell a student=constructed building
17 30 and the property on which the student=constructed building is
17 31 located or any article resulting from any vocational program
17 32 or course offered at a community college by any procedure
17 33 which may be adopted by the board. However, the sale,
17 34 exchange, or other means of disposal of real property with a
17 35 fair market value of five million dollars or more requires the
18 1 prior authorization of a constitutional majority of each house
18 2 of the general assembly and approval by the governor.
18 3 Governmental agencies and governmental subdivisions of the
18 4 state within the merged areas shall be given preference in the
18 5 purchase of such articles. All revenue received from the sale
18 6 of any article shall be credited to the funds of the board of
18 7 the merged area.
18 8 Sec. 35. Section 262.9, subsection 7, Code 2007, is
18 9 amended to read as follows:
18 10 7. Acquire real estate for the proper uses of institutions
18 11 under its control, and dispose of real estate belonging to the
18 12 institutions when not necessary for their purposes. The sale,
18 13 exchange, or other means of disposal of real property with a
18 14 fair market value of five million dollars or more requires the
18 15 prior authorization of a constitutional majority of each house
18 16 of the general assembly and approval by the governor. The
18 17 disposal of real estate shall be made upon such terms,
18 18 conditions, and consideration as the board may recommend. If
18 19 real estate subject to sale has been purchased or acquired
18 20 from appropriated funds, the proceeds of such sale shall be
18 21 deposited with the treasurer of state and credited to the
18 22 general fund of the state. There is hereby appropriated from
18 23 the general fund of the state a sum equal to the proceeds so
18 24 deposited and credited to the general fund of the state to the
18 25 state board of regents, which may be used to purchase other
18 26 real estate and buildings and for the construction and
18 27 alteration of buildings and other capital improvements. All
18 28 transfers shall be by state patent in the manner provided by
18 29 law. The board is also authorized to grant easements for
18 30 rights=of=way over, across, and under the surface of public
18 31 lands under its jurisdiction when in the board's judgment such
18 32 easements are desirable and will benefit the state of Iowa.
18 33 Sec. 36. Section 313.2, unnumbered paragraph 5, Code 2007,
18 34 is amended to read as follows:
18 35 The department, either alone or in co=operation cooperation
19 1 with any county, shall have the authority to may utilize any
19 2 land acquired incidental to the acquisition of land for
19 3 highway right of way and to also accept by gift, lands not
19 4 exceeding two acres in area for roadside parks and parking
19 5 areas. The department may furnish necessary maintenance. The
19 6 department shall also have authority to may accept by gift,
19 7 equipment or other installations incidental to the use of said
19 8 such parks and parking areas. Said Such parks and parking
19 9 areas shall be a part of the primary road system and the
19 10 department may at its discretion sell or otherwise dispose of
19 11 said such lands. The sale, exchange, or other means of
19 12 disposal of any real property with a fair market value of five
19 13 million dollars or more requires the prior authorization of a
19 14 constitutional majority of each house of the general assembly
19 15 and approval by the governor.
19 16 Sec. 37. Section 455A.5, subsection 6, paragraph c, Code
19 17 2007, is amended to read as follows:
19 18 c. Approve or disapprove proposals for the acquisition or
19 19 disposal of state lands and waters relating to state parks,
19 20 recreational facilities, and wildlife programs, submitted by
19 21 the director. The sale, exchange, or other means of disposal
19 22 of real property with a fair market value of five million
19 23 dollars or more requires the authorization of a constitutional
19 24 majority of each house of the general assembly and approval by
19 25 the governor.
19 26 Sec. 38. Section 904.317, Code 2007, is amended to read as
19 27 follows:
19 28 904.317 DIRECTOR MAY BUY AND SELL REAL ESTATE == OPTIONS.
19 29 1. The director, subject to the approval of the board, may
19 30 secure options to purchase real estate and acquire and sell
19 31 real estate for the proper uses of the institutions. Real
19 32 estate shall be acquired and sold upon terms and conditions
19 33 the director recommends subject to the approval of the board.
19 34 However, the sale, exchange, or other means of disposal of
19 35 real property with a fair market value of five million dollars
20 1 or more requires the authorization of a constitutional
20 2 majority of each house of the general assembly and approval by
20 3 the governor. Upon sale of the real estate, the proceeds
20 4 shall be deposited with the treasurer of state and credited to
20 5 the general fund of the state. There is appropriated from the
20 6 general fund of the state to the department a sum equal to the
20 7 proceeds so deposited and credited to the general fund of the
20 8 state which may be used to purchase other real estate or for
20 9 capital improvements upon property under the director's
20 10 supervision.
20 11 2. The costs incident to the securing of options and
20 12 acquisition and sale of real estate including, but not limited
20 13 to, appraisals, invitations for offers, abstracts, and other
20 14 necessary costs, may be paid from moneys appropriated for
20 15 support and maintenance to the institution at which the real
20 16 estate is located. The fund shall be reimbursed from the
20 17 proceeds of the sale.
20 18 DIVISION IX
20 19 EFFECTIVE DATE
20 20 Sec. 39. EFFECTIVE DATE. Except as provided otherwise,
20 21 this Act, being deemed of immediate importance, takes effect
20 22 upon enactment.
20 23 SF 403
20 24 jp:mg/cc/26