General Assembly: 83 (2009 Regular GA) - Chapter 184 - Appropriations — infrastructure and capital projects


Published: 2009-05-26

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941 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 184

Sec. 72. 2009 Iowa Acts, House File 414,14 section 45, subsection 2, is amended to read as follows: 2. The section of this division of this Act appropriating federal community development

block grant funds is retroactively applicable to June 30, 2008 October 1, 2007.

Sec. 73. 2009 Iowa Acts, House File 811,15 section 32, subsection 1, paragraph a, subpara- graph (1), if enacted, is amended to read as follows: (1) For the fiscal year beginning July 1, 2009, the total state funding amount for the nursing

facility budget shall not exceed $146,803,575 $152,803,575.

Sec. 74. EFFECTIVE DATE — RETROACTIVE APPLICABILITY. 1. Except as provided in subsection 2, this division of this Act, being deemed of immediate

importance, takes effect upon enactment. 2. The section of this division of this Act amending section 257.35 is retroactively applicable

to July 1, 2008.

Approved May 26, 2009

_________________________

CH. 184CH. 184

CHAPTER 184 APPROPRIATIONS — INFRASTRUCTURE

AND CAPITAL PROJECTS

H.F. 822

AN ACT relating to and making, reducing, and transferring appropriations to state depart- ments and agencies from the rebuild Iowa infrastructure fund, the technology reinvest- ment fund, and other funds, creating and funding the Iowa flood center, providing for re- lated matters, and providing effective and retroactive applicability date provisions.

Be It Enacted by the General Assembly of the State of Iowa:

DIVISION I REBUILD IOWA INFRASTRUCTURE FUND

Section 1. There is appropriated from the rebuild Iowa infrastructure fund to the following departments and agencies for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amounts, or so much thereof as is necessary, to be used for the purposes desig- nated: 1. DEPARTMENT OF ADMINISTRATIVE SERVICES a. For distribution to other governmental entities for the payment of services related to the

integrated information for Iowa system, notwithstanding section 8.57, subsection 6, para- graph “c”:

$ 3,700,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moneys appropriated in this lettered paragraph shall be separately accounted for in a distri-

bution account and shall be distributed to other governmental entities based upon a formula established by the department to pay for services provided during the fiscal year to such other governmental entities by the department associated with the integrated information for Iowa system. During the fiscal year, the department may use up to $1,000,000 of unexpended or unobli-

gated funds in the information technology operations fund established under the provisions

___________________ 14 Chapter 170 herein 15 Chapter 182 herein

942LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 184

of section 8A.123 to provide funding for costs associated with the integrated information for Iowa system. By October 31, 2010, the department shall report to the department of manage- ment and the legislative services agency regarding anymoneys that are used for this purpose. b. For routine maintenance of state buildings and facilities, notwithstanding section 8.57,

subsection 6, paragraph “c”: $ 3,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c. For costs associatedwith improvements to and renovation of theWallace building for ex- tending the useful life of the building:

$ 1,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. For upgrades to the electrical distribution system serving the capitol complex:

$ 850,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e. For costs associatedwith capitol interior and exterior restorationand for compliancewith

the federal Americans With Disabilities Act: $ 5,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f. For heating, ventilating, and air conditioning improvements in the Hoover state office building:

$ 1,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g. For costs associated with the central energy plant addition and improvements:

$ 623,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . h. For costs associated with Mercy capitol hospital building operations upon acquisition of

the hospital, notwithstanding section 8.57, subsection 6, paragraph “c”: $ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

i. For costs associatedwith the restoration and renovation, includingmajor repairs andma- jor maintenance, at the governor’s mansion at Terrace Hill:

$ 769,543. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j. For the state’s share of support in conjunction with the city of Des Moines and local area

businesses to provide a free shuttle service to the citizens of Iowa that includes transportation between the capitol complex and the downtown Des Moines area, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 200,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Details for the shuttle service, including the route to be served, shall be determinedpursuant

to an agreement tobe entered into by thedepartmentwith theDesMoines area regional transit authority (DART) and any other participating entities. Of the amount appropriated in this lettered paragraph, up to $50,000 shall beused to encour-

age state employees to utilize transit services provided by theDesMoines area regional transit authority. 2. DEPARTMENT OF CORRECTIONS Forprojectmanagement costs at FortMadisonandMitchellville prison, associatedwith con-

struction projects at the department, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 1,750,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. DEPARTMENT OF CULTURAL AFFAIRS a. For deposit into the Iowa great places program fund created in section 303.3D for Iowa

great places program projects that meet the definition of the term “vertical infrastructure” in section 8.57, subsection 6, paragraph “c”:

$ 1,900,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. For costs relating to a traveling exhibit and museum exhibit of the sesquicentennial of

the American civil war including but not limited to restoration and duplication of muster rec- ords, publishing and publication costs, relocation of battle flag laboratory to a public viewing area including educational and program costs, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 350,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. For grants for a cultural community grant program,notwithstanding section8.57, subsec-

tion 6, paragraph “c”: $ 200,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

943 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 184

The department shall establish a cultural community grant program to provide grants for a cultural and educational center to showcase an immigrant community from Laos and Viet- nam and their cultures. The department shall distribute the grants on a competitive basis to communities with an approved plan for the establishment of the cultural center. Applications must be submitted to the department no later than July 15, 2009. d. For historical site preservation grants to beused for the restoration, preservation, andde-

velopment of historic sites: $ 1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inmakinggrantspursuant to this letteredparagraph, thedepartment shall consider theexis- tence and amount of other funds available to an applicant for the designated project. A grant awarded from moneys appropriated in this lettered paragraph shall not exceed $100,000 per project. Not more than $200,000 may be awarded in the same county in the same round of grant reviews. 4. DEPARTMENT OF ECONOMIC DEVELOPMENT a. For equal distribution to regional sports authority districts certified by the department

pursuant to section 15E.321, notwithstanding section 8.57, subsection 6, paragraph “c”: $ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. For deposit into the workforce training and economic development funds for each com- munity college in section 260C.18A, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 2,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Moneys from this lettered paragraphmay be used to provide job training services to under-

served populations in Iowa. “Underserved populations” include people making less than twenty thousand dollars annual net income,minorities, women, disabled persons, the elderly, and people convicted of felonies trying to reenter society after release from prison. c. For a city with a population between seven hundred fifty and eight hundred fifty within

a county with a population of between six thousand seven hundred and six thousand eight hundred as determined by the 2000 certified federal census for demolition costs for a building asbestos abatement:

$ 50,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. For costs associatedwith the hosting of a national junior summer olympics by a nonprofit

sports organization, notwithstanding section 8.57, subsection 6, paragraph “c”: $ 200,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e. For the renovation of a building for the relocation of a juvenile courthouse in a county with a population between thirty-nine thousand and forty-one thousand as determined by the 2000 certified federal census:

$ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. For fire station improvements in a city with a population between twenty-one thousand

and twenty-three thousand as determined by the 2000 certified federal census: $ 200,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

g. For a community center that hosts congregate meals in a city with a population between seven hundred forty-six and seven hundred fifty-six as determined by the 2000 certified feder- al census for compliance with the federal Americans With Disabilities Act:

$ 10,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. DEPARTMENT OF EDUCATION To provide resources for structural and technological improvements to local libraries and

for the enrich Iowa program, notwithstanding section 8.57, subsection 6, paragraph “c”: $ 1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Of the moneys appropriated in this subsection, $50,000 shall be allocated equally to each li- brary service area. 6. DEPARTMENT OF HUMAN SERVICES For amental health systems community development building safety improvements includ-

ing electrical wiring and emergency systems in a city with a population between five thousand fifty and six thousand fifty as determined by the 2000 certified federal census:

$ 200,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

944LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 184

7. DEPARTMENT OF NATURAL RESOURCES a. For implementation of lake projects that have establishedwatershed improvement initia-

tives and community support in accordance with the department’s annual lake restoration plan and report, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 2,800,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It is the intent of the general assembly that the department of natural resources shall imple-

ment the lake restoration annual report and plan submitted to the joint appropriations sub- committee on transportation, infrastructure, and capitals and the legislative services agency pursuant to section 456A.33B. The lake restoration projects that are recommended by the de- partment to receive funding for fiscal year 2007-2008 and that satisfy the criteria in section 456A.33B, including local commitment of funding for the projects, shall be funded in the amounts provided in the report. b. For floodplain management and dam safety, notwithstanding section 8.57, subsection 6,

paragraph “c”: $ 2,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Of the amounts appropriated in this lettered paragraph, up to $400,000 is authorized for stream gages to be used for tracking and predicting flood events and for compiling necessary data relating to flood frequency analysis. Of the number of full-time equivalent positions authorized to the department for FY

2009-2010pursuant to 2009 IowaActs, SenateFile 467,1 if enacted, up to21.00 full-timeequiva- lent positions shall be allocated for the floodplain management and dam safety program. c. For deposit in the loess hills development and conservation fund created in section

161D.2 for allocation to the fund’s hungry canyons account for purposes of streambed erosion and degradation to the loess hills area, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d. For the administration of a water trails and low head dam public hazard statewide plan,

including salaries, support, maintenance, and miscellaneous purposes, notwithstanding sec- tion 8.57, subsection 6, paragraph “c”:

$ 800,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. DEPARTMENT OF PUBLIC DEFENSE a. For major maintenance projects at national guard armories and facilities:

$ 1,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. For construction and renovation costs at the Davenport aviation readiness center:

$ 2,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. For construction and renovation costs at the Mt. Pleasant readiness center:

$ 1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. DEPARTMENT OF PUBLIC HEALTH For a grant to an existing national affiliated volunteer eye organization that has an estab-

lished program for children and adults and that is solely dedicated to preserving sight and pre- venting blindness through education, nationally certified vision screening and training, com- munity and patient service programs, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 130,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. STATE BOARD OF REGENTS For the establishment and administration of an Iowa flood center at the state university of

Iowa for use by the university’s college of engineering, pursuant to section 466C.1, as enacted in this Act, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 1,300,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. IOWA STATE FAIR For infrastructure improvements to the Iowa state fairgrounds including but not limited to

the construction of an agricultural exhibition center on the Iowa state fairgrounds: $ 5,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

___________________ 1 Chapter 175 herein

945 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 184

12. DEPARTMENT OF TRANSPORTATION a. To provide funds for capital improvements and for related studies for expanding passen-

ger rail services in Iowa, notwithstanding section 8.57, subsection 6, paragraph “c”: $ 3,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. For acquiring, constructing, and improving recreational trails within the state: $ 3,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Moneys appropriated in this lettered paragraphmaybe used for purposes of building eques- trian or snowmobile trails that run parallel to a recreational trail. It is the intent of the general assembly to promote multiple uses for trails funding in this lettered paragraph and to maxi- mize the number of trail users. Of the amounts appropriated in this lettered paragraph, $750,000 shall be allocated for the

development of a riverwalk in a central Iowa city with a population between one hundred ninety-five thousand and twohundred thousand as determined by the 2000 federal census and $500,000 shall be allocated for the construction anddevelopment of a trail bridge across a river located in northeastern Iowa that would link the east and west sides of the Pinicon ridge park. c. For deposit into the railroad revolving loan and grant fund created in section 327H.20A,

notwithstanding section 8.57, subsection 6, paragraph “c”: $ 1,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Of the amount appropriated in this lettered paragraph, $1,000,000 shall be allocated for the replacement of a railroad bridge over the Cedar river in a citywith a population between sixty- eight thousand five hundred and sixty-nine thousand. d. For infrastructure improvement grants at general aviation airports within the state:

$ 750,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e. For deposit into the public transit infrastructure grant fund created in section 324A.6A:

$ 1,250,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f. To assist local governments to rebuild and repair local roads, notwithstanding section

8.57, subsection 6, paragraph “c”: $ 14,750,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fifty percent of the amount appropriated in this lettered paragraph shall be deposited into the street construction fund of the cities and fifty percent shall be deposited into the secondary road fund of the counties, to beused for construction, reconstruction, repair, andmaintenance of city roads or secondary roads. Themoneys allocated to such funds shall be expendedwithin two years. The department shall, in cooperation with the cities and counties, provide a report to the legislative services agency regarding the projects funded by this appropriation by Janu- ary 15 each year until the projects are completed. 13. TREASURER OF STATE a. For county fair infrastructure improvements for distribution in accordance with chapter

174 to qualified fairs which belong to the association of Iowa fairs: $ 1,590,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. For deposit in the watershed improvement fund created in section 466A.2, notwithstand- ing section 8.57, subsection 6, paragraph “c”:

$ 5,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. DEPARTMENT OF VETERANS AFFAIRS For transfer to the Iowa finance authority for the continuation of the home ownership

assistance program for persons who are or were eligible members of the armed forces of the United States, pursuant to section 16.54, notwithstanding section 8.57, subsection 6, para- graph “c”:

$ 1,600,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of the funds transferred pursuant to this subsection, the Iowa finance authority may retain

not more than $20,000 for administrative purposes.

Sec. 2. There is appropriated from the rebuild Iowa infrastructure fund to the following de- partments and agencies for the fiscal year beginning July 1, 2010, and ending June 30, 2011,

946LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 184

the following amounts, or so much thereof as is necessary, to be used for the purposes desig- nated: 1. DEPARTMENT OF ADMINISTRATIVE SERVICES For projects related tomajor repairs andmajormaintenance for state buildings and facilities

under the purview of the department: $ 10,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Of the amount appropriated in this subsection, up to $1,000,000may be used for demolition purposes. 2. DEPARTMENT OF CORRECTIONS For expansion, including land acquisition, of the community-based corrections facility at

Des Moines: $ 5,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The appropriation in this subsection is contingent upon relocation of the sex offender treat- ment program from the community-based corrections facility at Des Moines to the property in northeast DesMoines identified by the fifth judicial district in the facility and site study final report submitted December 12, 2008. 3. DEPARTMENT OF ECONOMIC DEVELOPMENT For costs associated with the renovation and expansion of phase II of a zoo project located

in a citywith apopulation of betweenonehundredninety thousand and twohundred thousand as determined by the 2000 certified federal census:

$ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. STATE BOARD OF REGENTS For phase II of the construction and renovation of the veterinary medical facilities at Iowa

state university of science and technology, specifically the renovation and modernization of thearea formerly occupiedby the largeanimal areaof the teachinghospital for expandedclini- cal services in a small animal hospital:

$ 13,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. IOWA STATE FAIR For infrastructure improvements to the Iowa state fairgrounds including but not limited to

the construction of an agricultural exhibition center on the Iowa state fairgrounds: $ 2,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. DEPARTMENT OF TRANSPORTATION a. For deposit into the railroad revolving loan and grant fund created in section 327H.20A,

notwithstanding section 8.57, subsection 6, paragraph “c”: $ 2,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. To assist local governments to rebuild and repair local roads, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 24,700,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fifty percent of the amount appropriated in this lettered paragraph shall be deposited into

the street construction fund of the cities and fifty percent shall be deposited into the secondary road fund of the counties, to beused for construction, reconstruction, repair, andmaintenance of city roads or secondary roads. Themoneys allocated to such funds shall be expendedwithin two years. The department shall, in cooperation with the cities and counties, provide a report to the legislative services agency regarding the projects funded by this appropriation by Janu- ary 15 each year until the projects are completed.

Sec. 3. There is appropriated from the rebuild Iowa infrastructure fund to the department of transportation for the fiscal year beginning July 1, 2011, and ending June 30, 2012, the fol- lowing amounts, or so much thereof as is necessary, to be used for the purposes designated: For deposit into the railroad revolving loan and grant fund created in section 327H.20A, not-

withstanding section 8.57, subsection 6, paragraph “c”: $ 2,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 4. REVERSION. For purposes of section 8.33, unless specifically provided otherwise, unencumbered or unobligatedmoneysmade from an appropriation in this division of this Act

947 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 184

shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriationwasmade. However, if the project or projects forwhich such appropriationwas made are completed in an earlier fiscal year, unencumbered or unobligated moneys shall re- vert at the close of that same fiscal year.

DIVISION II REBUILD IOWA INFRASTRUCTURE FUND — GROW

IOWA VALUES FUND

Sec. 5. Notwithstanding the amount of the standing appropriation from the rebuild Iowa infrastructure fund as provided in section 15G.110, subsection 2, there is appropriated from the rebuild Iowa infrastructure fund to the department of economic development for deposit into the grow Iowa values fund, in lieu of the appropriation made in section 15G.110, subsec- tion 2, for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 45,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 6. 2009 IowaActs,House File 817,2 section 2, if enacted, is amended to read as follows: SEC. 2. GROW IOWA VALUES FUND APPROPRIATION — TRANSFER. 1. In lieu of any standing appropriation in section 15G.111 from the grow Iowa values fund

to the department of economic development, for the fiscal year beginning July 1, 2009, there is appropriated from the grow Iowa values fund to the department of economic development for purposes of administering financial assistance programs:

$ 31,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of the amount allocated for departmental purposes in section 15G.111, subsection 4, if en-

acted by 2009 IowaActs, Senate File 344,3 section 2, the department of economic development shall allocate one million dollars for transfer to the general fund of the state for purposes of funding the increased amount of tax credits authorized in this Act. The amount remaining af- ter allocating the onemillion dollars for transfer shall be allocated for departmental purposes as described in section 15G.111, subsection 4, if enacted by 2009 Iowa Acts, Senate File 344,4 section 2. 2. For the fiscal year beginning July 1, 2009, and ending June 30, 2010, the one million dol-

lars allocated for transfer pursuant to subsection 1 is transferred from the grow Iowa values fund to the general fund of the state only if a tax credit is awarded pursuant to section 15.335, as amendedby thisAct. If one ormore tax credits are not awarded, the departmentmay reallo- cate the one million dollars for departmental purposes.

Sec. 7. REDUCTION OF THE GROW IOWA VALUES FUND APPROPRIATION TO THE DEPARTMENTOFECONOMICDEVELOPMENT. In lieu of the fiftymillion dollars appropri- ated for the fiscal year beginning July 1, 2009, and ending June 30, 2010, from the grow Iowa values fund to the department of economic development pursuant to section 15G.111, subsec- tion 3, if enacted by 2009 Iowa Acts, Senate File 344,5 section 2, there is appropriated from the grow Iowa values fund to the department of economic development for the fiscal year begin- ning July 1, 2009, and ending June 30, 2010, forty-five million dollars for purposes of making expenditures pursuant to chapter 15G.

Sec. 8. GROW IOWA VALUES FUND ALLOCATIONS. In lieu of the amounts allocated pursuant to section 15G.111, subsections 4 through 10, if enacted by 2009 Iowa Acts, Senate File 344,6 section 2, for the fiscal year beginning July 1, 2009, and ending June 30, 2010, of the forty-five million dollars appropriated to the department of economic development pursuant to this division of this Act, the department shall allocate the following amounts for the follow-

___________________ 2 Chapter 171 herein 3 Chapter 123 herein 4 Chapter 123 herein 5 Chapter 123 herein 6 Chapter 123 herein

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ing purposes as described in section 15G.111, subsections 4 through 10, if enacted by 2009 Iowa Acts, Senate File 344,7 section 2: 1. For departmental purposes, twenty-eight million eight hundred thousand dollars. Of the

moneys allocated pursuant to this subsection and in lieu of the two million dollars allocated for deposit in the renewable fuel infrastructure fund under section 15G.111, subsection 4, par- agraph “h”, if enacted by 2009 IowaActs, Senate File 344,8 section 2, the department shall allo- cate one million eight hundred thousand dollars for deposit in the renewable fuel infrastruc- ture fund. 2. For the state board of regents institutions, four million five hundred thousand dollars. 3. For state parks, nine hundred thousand dollars. 4. For deposit in the Iowa cultural trust fund, nine hundred thousand dollars. 5. For community colleges, six million three hundred thousand dollars. 6. For regional financial assistance, nine hundred thousand dollars. Of themoneys allocat-

ed pursuant to this subsection and in lieu of the three hundred fifty thousand dollars trans- ferred under section 15G.111, subsection 9, paragraph “a”, if enacted by 2009 Iowa Acts, Sen- ate File 344,9 section 2, the department shall transfer three hundred fifteen thousand dollars to Iowa state university of science and technology, for purposes of providing financial assis- tance to establish small business development centers. 7. For commercialization services, two million seven hundred thousand dollars.

Sec. 9. CONDITIONAL GROW IOWA VALUES FUND APPROPRIATIONS. If 2009 Iowa Acts, Senate File 34410 is not enacted, for the fiscal year beginning July 1, 2009 and ending June30, 2009,11 the followingamounts are appropriated from thegrow Iowa values fund in lieu of the amounts appropriated under section 15G.111: 1. To the department of economic development for departmental purposes as described in

section 15G.111, subsection 1, twenty-eight million eight hundred thousand dollars. 2. To the department of economic development for financial assistance to the state board

of regents institutions pursuant to section 15G.111, subsection 2, four million five hundred thousand dollars. 3. To thedepartment of economic development for financial assistance to state parkspursu-

ant to section 15G.111, subsection 3, nine hundred thousand dollars. 4. To the treasurer of state for deposit in the Iowa cultural trust fund pursuant to section

15G.111, subsection 4, nine hundred thousand dollars. 5. To the department of economic development for deposit in the workforce training and

economic development funds of the community colleges pursuant to section 15G.111, subsec- tion 5, six million three hundred thousand dollars. 6. To thedepartment of economicdevelopment for providingeconomicdevelopment region

financial assistancepursuant to section15G.111, subsection6, ninehundred thousanddollars. Of the moneys appropriated pursuant to this subsection and in lieu of the three hundred fifty thousand dollars transferred under section 15G.111, subsection 6, paragraph “b”, the depart- ment shall transfer three hundred fifteen thousand dollars to Iowa state university of science and technology, for purposes of providing financial assistance to establish small business de- velopment centers. 7. To the department of economic development for providing commercialization services

pursuant to section 15G.111, subsection 7, two million seven hundred thousand dollars.

DIVISION III TECHNOLOGY REINVESTMENT FUND

Sec. 10. There is appropriated from the technology reinvestment fund created in section 8.57C to the following departments and agencies for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: ___________________ 7 Chapter 123 herein 8 Chapter 123 herein 9 Chapter 123 herein 10 Chapter 123 herein 11 According to enrolled Act; the year “2010” probably intended

949 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 184

1. DEPARTMENT OF ADMINISTRATIVE SERVICES For technology improvement projects:

$ 2,037,184. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. DEPARTMENT OF CORRECTIONS For costs associated with the Iowa corrections offender network data system:

$ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. DEPARTMENT OF EDUCATION a. Formaintenance and lease costs associatedwith connections for Part III of the Iowa com-

munications network: $ 2,727,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. For the implementation of an educational data warehouse that will be utilized by teach- ers, parents, school district administrators, area education agency staff, department of educa- tion staff, and policymakers:

$ 600,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The departmentmay use a portion of themoneys appropriated in this lettered paragraph for

an etranscript data system capable of tracking students throughout their education via inter- connectivity with multiple schools. 4. DEPARTMENT OF HUMAN RIGHTS For costs associated with the justice enterprise data warehouse:

$ 361,072. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. IOWA ETHICS AND CAMPAIGN DISCLOSURE BOARD For technological improvements for the board’s electronic filing system including an online

searchable database: $ 15,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. IOWA LAW ENFORCEMENT ACADEMY For technology upgrades for the development of computer online testing and training and

for a firearms training simulator: $ 185,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION a. For replacement of equipment for the Iowa communications network:

$ 2,211,863. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The commission may continue to enter into contracts pursuant to section 8D.13 for the re-

placement of equipment and for operations and maintenance costs of the network. In addition to moneys appropriated in this lettered paragraph, the commission may use a

financing agreement entered into by the treasurer of state in accordancewith section 12.28 for the replacement of equipment for the network. For purposes of this lettered paragraph, the treasurer of state is not subject to themaximumprincipal limitation contained in section12.28, subsection6. Repayment of anyamounts financed shall bemade fromreceipts associatedwith fees charged for use of the network. b. For generator replacement:

$ 2,755,246. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c. For continued additions to network redundancy for continuity of operations for the capi-

tol complex: $ 2,320,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8. DEPARTMENT OF PUBLIC DEFENSE For the homeland security and emergencymanagement division for providing a grant to the

statewide 211 nonprofit call centers to enhance its human resources assistance directory proj- ect:

$ 250,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Thedivision shall awardmoneys appropriated pursuant to this section12 to support the state-

wide improvement of the free and confidential 211 hotline available twenty-four hours a day, sevendays aweek, that provides information or refers callers to appropriate private or govern- ment entities that provide assistance relating to families, housing, food, health, legal advice, child and senior services, or volunteer opportunities.

___________________ 12 According to enrolled Act; the word “subsection” probably intended

950LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 184

9. DEPARTMENT OF PUBLIC SAFETY For continuation of payments on the lease-purchase of the automated fingerprint identifica-

tion system: $ 350,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 11. REVERSION. For purposes of section 8.33, unless specifically provided other- wise, unencumbered or unobligated moneys made from an appropriation in this division of this Act shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that ends three years after the end of the fiscal year for which the appropriationwasmade. However, if the project or projects for which such appropriation wasmade are completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that same fiscal year.

DIVISION IV TAX-EXEMPT BOND PROCEEDS RESTRICTED

CAPITAL FUNDS ACCOUNT

Sec. 12. There is appropriated from the tax-exempt bond proceeds restricted capital funds account of the tobacco settlement trust fund to the department of administrative services for the fiscal year beginning July 1, 2009, and ending June 30, 2010, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For projects related tomajor repairs andmajormaintenance for state buildings and facilities

under the purview of the department: $ 195,484. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 13. TAX-EXEMPT STATUS — USE OF APPROPRIATIONS. Payment of moneys from the appropriations in this division of this Act shall bemade in amanner that does not ad- versely affect the tax-exempt status of any outstanding bonds issued by the tobacco settlement authority.

DIVISION V TRANSFERS

Sec. 14. ENDOWMENT FOR IOWA’S HEALTH RESTRICTED CAPITALS FUND AND TAX-EXEMPT BOND PROCEEDS RESTRICTED CAPITALS FUND — TRANSFERS. Not- withstanding any provision of law to the contrary, the unencumbered or unobligated balances of the endowment for Iowa’s health restricted capitals fund at the close of the fiscal year begin- ning July 1, 2009, and the tax-exempt bond proceeds restricted capitals fund at the close of the fiscal year beginning July 1, 2009, or the close of any succeeding fiscal year, shall be trans- ferred to the department of administrative services for projects related to major repairs and major maintenance for state buildings and facilities under the purview of the department. Upon receipt of a transfer, the department of administrative services shall report to the legisla- tive services agency and to the department ofmanagement the amount transferred in conjunc- tion with the department’s report filed pursuant to section 8.57, subsection 6, paragraph “h”.

DIVISION VI IOWA FLOOD CENTER

Sec. 15. NEW SECTION. 466C.1 IOWA FLOOD CENTER. 1. The state board of regents shall establish and maintain in Iowa City as a part of the state

university of Iowa an Iowa flood center. In conducting the activities of this chapter, the center shall work cooperatively with the department of natural resources, the department of agricul- ture and land stewardship, the water resources coordinating council, and other state and fed- eral agencies. 2. The Iowa flood center shall have all of the following purposes: a. To develop hydrologic models for physically based flood frequency estimation and real-

time forecasting of floods, including hydraulic models of flood plain inundation mapping.

951 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 184

b. To establish community-based programs to improve flood monitoring and prediction along Iowa’s major waterways and to support ongoing flood research. c. To share resources and expertise of the Iowa flood center. d. To assist in the development of a workforce in the state knowledgeable regarding flood

research, prediction, and mitigation strategies.

DIVISION VII CHANGES TO PRIOR APPROPRIATIONS

Sec. 16. 2005 Iowa Acts, chapter 178, section 9, is amended to read as follows: SEC. 9. REVERSION. 1. Notwithstanding Except as provided in subsection 2 and notwithstanding section 8.33,

moneys appropriated from the rebuild Iowa infrastructure fund in this division of this Act, ex- cept for the moneys appropriated in section 1, subsection 2, paragraph “a”, for maintenance costs of thedepartment of correctionsand subsection5, paragraph “d”, for the vocational reha- bilitation division of the department of education, shall not revert at the close of the fiscal year for which they were appropriated but shall remain available for the purposes designated until the close of the fiscal year that begins July 1, 2008, or until the project for which the appropria- tion was made is completed, whichever is earlier. This section does not apply to the sections in this division of this Act that were previously enacted and are amended in this division of this Act. 2. Notwithstanding section 8.33,moneys appropriated in section 3, subsection 1, paragraph

“h” of this division of this Act shall not revert at the close of the fiscal year for which they were appropriated but shall remain available for the purpose designated until the close of the fiscal year that begins July 1, 2009, or until the project for which the appropriationwasmade is com- pleted, whichever is earlier.

Sec. 17. 2007 IowaActs, chapter 219, section 7, subsection 1, is amended to read as follows: 1. For costs associated with the construction and establishment of the Iowa institute for

biomedical discovery at the state university of Iowa: FY 2008-2009 $ 10,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FY 2009-2010 $ 10,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

0 FY 2010-2011 $ 10,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 18. 2008 Iowa Acts, chapter 1178, section 18, is amended by adding the following new subsection: NEWSUBSECTION. 7. Notwithstanding section 8.33,moneys appropriated in this section

shall not revert at the close of the fiscal year for which they are appropriated but shall remain available for the purposes designated until the close of the fiscal year that begins July 1, 2009. The full-time equivalent position authorized in this section shall continue to be authorized un- til the close of the fiscal year that begins July 1, 2009.

Sec. 19. 2008 Iowa Acts, chapter 1178, section 19, is amended to read as follows: SEC. 19. WATER TRAILS AND LOW HEAD DAM PUBLIC HAZARD STATEWIDE PLAN

— APPROPRIATION. There is appropriated from any interest or earnings on moneys in the federal economic stimulus and jobs holding fund to the department of natural resources for the fiscal year beginning July 1, 2008, and ending June 30, 2009, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For the establishment and administration of a water trails and low head dam public hazard

statewide plan, including salaries, support, maintenance, and miscellaneous purposes: $ 250,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notwithstanding section 8.33, moneys appropriated in this section shall not revert at the close of the fiscal year for which they are appropriated but shall remain available for the pur- poses designated until the close of the fiscal year that begins July 1, 2009.

952LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 184

Sec. 20. 2008 Iowa Acts, chapter 1179, section 1, subsection 1, paragraph e, is amended to read as follows: e. For the state’s share of support in conjunction with the city of Des Moines and local area

businesses to provide a free shuttle service to the citizens of Iowa visiting the capitol complex that includes transportation between the capitol complex and the downtownDesMoines area, notwithstanding section 8.57, subsection 6, paragraph “c”:

$ 170,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183,000

Details for the shuttle service, including the route to be served, shall be determinedpursuant to an agreement tobe entered into by thedepartmentwith theDesMoines area regional transit authority (DART) and any other participating entities. Of the amount appropriated in this lettered paragraph, up to $50,000 shall beused to encour-

age state employees to utilize transit services provided by theDesMoines area regional transit authority.

Sec. 21. 2008 Iowa Acts, chapter 1179, section 1, subsection 1, is amended by adding the following new paragraphs: NEW PARAGRAPH. h. For projects related to major repairs and major maintenance for

state buildings and facilities under the purview of the department: $ 2,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NEW PARAGRAPH. i. For capital improvements at the civil commitment unit for a sexual offenders facility at Cherokee:

$ 829,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NEW PARAGRAPH. j. For costs associated with capitol interior and exterior restoration

and for compliance with the federal Americans With Disabilities Act: $ 1,900,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NEW PARAGRAPH. k. For renovations to the capitol complex utility tunnel system: $ 1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NEW PARAGRAPH. l. For heating, ventilating, and air conditioning improvements in the Hoover state office building:

$ 165,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NEW PARAGRAPH. m. (1) For the purchase of Mercy capitol hospital:

$ 3,950,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) It is the intent of the general assembly that the department will use other appropriations

made or other funds available to the department for the acquisition of buildings to complete the purchase of this building. (3) The department is authorized to enter into agreements for the use ofMercy capitol hos-

pital, once acquiredby the state,with any state agencyorother governmental entity orpolitical subdivision, as deemed appropriate by the department.

Sec. 22. 2008 Iowa Acts, chapter 1179, section 1, subsection 13, paragraph c, is amended to read as follows: c. For the construction of a depot and platform to accommodate the future Amtrak service

from Dubuque to Chicago, notwithstanding section 8.57, subsection 6, paragraph “c”: $ 300,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 23. 2008 Iowa Acts, chapter 1179, section 1, subsection 14, paragraph a, is amended to read as follows: a. For county fair infrastructure improvements for distribution in accordance with chapter

174 to qualified fairs which belong to the association of Iowa fairs: $ 1,590,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1,060,000 Of the amount appropriated in this lettered paragraph, $530,000 shall be deposited into the

fairgrounds infrastructure aid fund created pursuant to section 12.101, as enacted in this Act, for fairgrounds infrastructure aid as provided in section 12.102, as enacted in this Act.

953 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 184

Sec. 24. 2008 Iowa Acts, chapter 1179, section 6, is amended to read as follows: SEC. 6. DEPARTMENT OF CORRECTIONS. There is appropriated from the rebuild Iowa

infrastructure fund to the department of corrections for the designated fiscal years the follow- ing amounts, or so much thereof as is necessary, to be used for the purposes designated: For expansion of the Iowa correctional facility for women at Mitchellville:

FY 2010-2011 2011-2012 $ 11,700,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FY 2011-2012 2012-2013 $ 8,779,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notwithstanding section 8.33, moneys appropriated in this section for the fiscal year begin-

ning July 1, 2010 2011, and ending June 30, 2011 2012, shall not revert at the close of the fiscal year forwhich they are appropriated but shall remain available for the purpose designated un- til the close of the fiscal year that begins July 1, 2013 2014, or until the project for which the appropriation was made is completed, whichever is earlier. Notwithstanding section 8.33, moneys appropriated in this section for the fiscal year begin-

ning July 1, 2011 2012, and ending June 30, 2012 2013, shall not revert at the close of the fiscal year forwhich they are appropriated but shall remain available for the purpose designated un- til the close of the fiscal year that begins July 1, 2014 2015, or until the project for which the appropriation was made is completed, whichever is earlier.

Sec. 25. 2008 Iowa Acts, chapter 1179, section 15, subsection 4, paragraph b, is amended to read as follows: b. To the public broadcasting division for the purchase and installation of generators at

transmitter sites: $ 1,602,437. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Of theamount appropriated in this letteredparagraph, up to$210,477maybeused foropera- tional costs of the division for FY 2008-2009 and up to $1,000,000may be used for operational costs of the division for FY 2009-2010, notwithstanding section 8.57C, subsection 2.

Sec. 26. 2008 Iowa Acts, chapter 1186, section 20, subsection 2, is amended to read as fol- lows: 2. Notwithstanding any provision of law to the contrary, the unencumbered or unobligated

balances of the healthy Iowans tobacco trust at the close of available prior to the close of the fiscal year beginning July 1, 2008, or the endowment for Iowa’s health account at the close available prior to the close of the fiscal year beginning July 1, 2008, or the close of any succeed- ing fiscal year shall be transferred to the general fund of the state.

Sec. 27. 2009 Iowa Acts, Senate File 344,13 section 9, subsection 3, if enacted, is amended by striking the subsection and inserting in lieu thereof the following: 3. Effective July 1, 2009, all funds remaining in the accelerated career education account of

the physical infrastructure assistance fund created in section 15E.175 shall be transferred to the accelerated career education fund established in section 260G.6, subsection 1, as amended by this Act.

Sec. 28. EFFECTIVE AND RETROACTIVE APPLICABILITY DATES. 1. Except as provided in subsection 2, this division of this Act, being deemed of immediate

importance, takes effect upon enactment. 2. The sections of this division of this Act, amending 2008 Iowa Acts, chapter 1179, section

1, subsection 13, paragraph “c”; section 1, subsection 14, paragraph “a”; and section 15, sub- section 4, paragraph “b”, apply retroactively to July 1, 2008.

DIVISION VIII CODE AND MISCELLANEOUS CHANGES

Sec. 29. Section 8.57, subsection 6, Code 2009, is amended by adding the following new paragraph: NEW PARAGRAPH. i. Annually, on or before December 31 of each year, a recipient of

moneys from the rebuild Iowa infrastructure fund for any purpose shall report to the state

___________________ 13 Chapter 123 herein

954LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 184

agency to which the moneys are appropriated the status of all projects completed or in prog- ress. The report shall include a description of the project, the progress of work completed, the total estimated cost of the project, a list of all revenue sources being used to fund the project, the amount of funds expended, the amount of funds obligated, and the date the project was completed or an estimated completion date of the project, where applicable.

Sec. 30. Section 8.57C, subsection 3, paragraph b, Code 2009, is amended to read as fol- lows: b. There is appropriated from the rebuild Iowa infrastructure fund for each the fiscal year

of the fiscal periodbeginning July 1, 2008, and ending June30, 20102009, the sumof seventeen million five hundred thousand dollars, and for the fiscal year beginning July 1, 2009, and end- ing June 30, 2010, the sumof fourteenmillion five hundred twenty-five thousand dollars to the technology reinvestment fund, notwithstanding section 8.57, subsection 6, paragraph “c”.

Sec. 31. Section 12E.12, subsection 1, paragraph b, subparagraph (2), subparagraph divi- sion (b), Code 2007, as amended by 2008 Iowa Acts, chapter 1186, section 16, is amended to read as follows: (b) For each fiscal year beginning July 1, 2009, themoneys deposited in the endowment for

Iowa’s health account of the tobacco settlement trust fund are transferred to the general fund of the state rebuild Iowa infrastructure fund. Themoneys transferred shall be used for thepur- poses specified in section 12E.3A.

Sec. 32. Section 15.329, subsection 7, Code 2009, is amended by striking the subsection.

Sec. 33. Section 15F.201, Code 2009, is amended by adding the following new subsection: NEW SUBSECTION. 3. “River enhancement community attraction and tourism project”

means a project that creates or enhances recreational opportunities and community attrac- tions on and near lakes or rivers or river corridors within cities across the state under the pur- view of the program.

Sec. 34. NEW SECTION. 15F.206 RIVER ENHANCEMENT COMMUNITY ATTRAC- TION AND TOURISM PROJECTS — APPLICATION REVIEW. 1. Applications for assistance for river enhancement community attraction and tourism

projects shall be submitted to the department. For those applications that meet the eligibility criteria, the department shall provide a staff review analysis and evaluation to the vision Iowa program review committee referred to in section 15F.304, subsection 2, and the board. 2. When reviewing the applications, the vision Iowa program review committee and the de-

partment shall consider, at a minimum, all of the following: a. Whether thewages, benefits, including health benefits, safety, and other attributes of the

project would improve the quality of life or the quality of attraction or tourism employment in the community. b. The extent to which such a project would generate additional recreational and cultural

attractions or tourism opportunities. c. The ability of the project to produce a long-term, tax-generating economic impact. d. The location of the projects and geographic diversity of the applications. e. The project is primarily a vertical infrastructure project with demonstrated substantial

regional or statewide economic impact. For purposes of the program, “vertical infrastructure” means land acquisition and construction, major renovation and major repair of buildings, all appurtenant structures, utilities, site development, and recreational trails and water trails. “Vertical infrastructure” does not include routine, recurring maintenance, or operational ex- penses or leasing of a building, appurtenant structure, or utility without a lease-purchase agreement. f. Whether the applicant has received financial assistance under the program for the same

project.

955 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 184

g. The extent towhich the project has taken the following planningprinciples into consider- ation: (1) Efficient and effective use of land resources and existing infrastructure by encouraging

development in areaswith existing infrastructure or capacity to avoid costly duplication of ser- vices and costly use of land. (2) Provision for a variety of transportation choices, including pedestrian traffic. (3) Maintenance of a unique sense of place by respecting local cultural and natural environ-

mental features. (4) Conservation of open space and farmland and preservation of critical environmental

areas. (5) Promotion of the safety, livability, and revitalization of existing urban and rural commu-

nities. 3. Upon review of the recommendations of the review committee, the board shall approve,

defer, or deny the applications. 4. Upon approval of an application for financial assistance under the program, the board

shall notify the treasurer of state regarding the amount of moneys needed to satisfy the award of financial assistance and the terms of the award. The treasurer of state shall notify the de- partment anytime moneys are disbursed to a recipient of financial assistance under the pro- gram.

Sec. 35. Section 15F.304, subsection 2, Code 2009, is amended to read as follows: 2. A review committee composed of eight members of the board shall review vision Iowa

programapplications and river enhancement community attraction and tourismproject appli- cations submitted to the board and make recommendations regarding the applications to the board. The review committee shall consist of members of the board listed in section 15F.102, subsection 2, paragraphs “d” through “h”.

Sec. 36. Section 15F.304, Code 2009, is amended by adding the following new subsection: NEW SUBSECTION. 5. The review committee shall consider, review, and make recom-

mendations regarding applications for assistance for river enhancement community attrac- tions and tourism projects a14 provided in section 15F.206.

Sec. 37. Section 15G.111, subsection 4, paragraph a, Code 2009, as amended by 2009 Iowa Acts, Senate File 344,15 section 2, if enacted, is amended to read as follows: a. For administrative costs, an amount not more than one and one-half percent six hundred

thousand dollars of the moneys subject to allocation under this subsection.

Sec. 38. Section 135.63, subsection 2, paragraph l, unnumbered paragraph 1, Code 2009, is amended to read as follows: The replacement or modernization of any institutional health facility if the replacement or

modernization does not add new health services or additional bed capacity for existing health services, notwithstanding any provision in this division to the contrary. With respect to a nurs- ing facility, “replacement”means establishing a new facility within the same county as the pri- or facility to be closed. With reference to a hospital, “replacement” means establishing a new hospital that demonstrates compliancewith all of the following criteria through evidence sub- mitted to the department:

Sec. 39. 1989 Iowa Acts, chapter 131, section 63, is amended to read as follows: SEC. 63. Sections 455G.6 and 455G.7 are repealed effective July 1, 2009 2010, except as

such sections apply with respect to any outstanding bonds issued thereunder, or refinancing of such outstanding bonds.

Sec. 40. Sections 12.101 and 12.102, Code 2009, are repealed.

___________________ 14 According to enrolled Act; the word “as” probably intended 15 Chapter 123 herein

956LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 184

Sec. 41. EFFECTIVE DATE. The section of this division of this Act amending section 12E.12 takes effect June 30, 2009.

Approved May 26, 2009

_________________________

CH. 185CH. 185

CHAPTER 185 PROPOSED CONSTITUTIONAL AMENDMENT —

NATURAL RESOURCES AND OUTDOOR RECREATION TRUST FUND

H.J.R. 1

Second Time Passed

A JOINT RESOLUTION proposing an amendment to the Constitution of the State of Iowa to dedicate a portion of state revenue from the tax imposed on certain retail sales of tangible personal property and services for the benefit of the state’s natural resources.

Be It Resolved by the General Assembly of the State of Iowa:

Section 1. The following amendment to the Constitution of the State of Iowa is proposed: Article VII of the Constitution of the State of Iowa is amended by adding the following new

section: NATURAL RESOURCES. SEC. 10. A natural resources and outdoor recreation trust fund

is created within the treasury for the purposes of protecting and enhancing water quality and natural areas in this State including parks, trails, and fish andwildlife habitat, and conserving agricultural soils in this State. Moneys in the fund shall be exclusively appropriated by law for these purposes. The general assembly shall provide by law for the implementation of this section, including

by providing for the administration of the fund and at least annual audits of the fund. Except as otherwise provided in this section, the fund shall be annually credited with an

amount equal to the amount generated by a sales tax rate of three-eighths of one percent as may be imposed upon the retail sales price of tangible personal property and the furnishing of enumerated services sold in this State. No revenue shall be credited to the fund until the tax rate for the sales tax imposed upon the

retail sales price of tangible personal property and the furnishing of enumerated services sold in this State in effect on the effective date of this section is increased. After such an increased tax rate becomes effective, an amount equal to the amount generated by the increase in the tax rate shall be annually credited to the fund, not to exceed an amount equal to the amount generated by a tax rate of three-eighths of one percent imposed upon the retail sales price of tangible personal property and the furnishing of enumerated services sold in this State.

Sec. 2. SUBMISSION FORRATIFICATION. The foregoing proposed amendment, having been adopted and agreed to by the Eighty-secondGeneral Assembly, 2008 Session, thereafter duly published, and now adopted and agreed to by the Eighty-third General Assembly in this joint resolution, shall be submitted to the people of the State of Iowa at the general election in November of the year two thousand ten in the manner required by the Constitution of the State of Iowa and the laws of the State of Iowa.