General Assembly: 82 (2007 Regular GA) - Chapter 206 - Miscellaneous supplemental appropriations and financial regulation


Published: 2007-05-11

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705 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 206

structure projects resulting from economic development initiatives, completion of phase II of the college of veterinary medicine project at Iowa state university of science and technology, and projects for deferred maintenance, fire safety, or campus security improvements are ex- cluded from this funding restriction.

Approved May 11, 2007

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CH. 206CH. 206

CHAPTER 206

MISCELLANEOUS SUPPLEMENTAL APPROPRIATIONS AND FINANCIAL REGULATION

S.F. 403

AN ACT addressing financial and regulatory matters by making and revising appropriations, providing for properly related matters, and providing effective dates.

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

DIVISION I ADMINISTRATION AND REGULATION

DEPARTMENT OF ADMINISTRATIVE SERVICES UTILITY COSTS

Section 1. 2006 Iowa Acts, chapter 1177, section 1, subsection 2, is amended to read as fol- lows: 2. For the payment of utility costs:

$ 3,080,865. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,080,865

Notwithstanding section 8.33, any excess funds appropriated for utility costs in this subsec- tion shall not revert to the general fund of the state at the end of the fiscal year but shall remain available for expenditure for the purposes of this subsection during the fiscal year beginning July 1, 2007. It is the intent of the general assembly that the department shall reduce utility costs through

energy conservation practices. The goal of the general assembly is to reduce energy use by ten percent to save money, conserve energy resources, and reduce pollution.

OFFICE OF GOVERNOR

Sec. 2. 2006 Iowa Acts, chapter 1177, section 10, subsection 2, is amended to read as fol- lows: 2. TERRACE HILL QUARTERS For salaries, support,maintenance, andmiscellaneous purposes for the governor’s quarters

at Terrace Hill, and for not more than the following full-time equivalent positions: $ 378,633. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

483,633 FTEs 8.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

706LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 206

Sec. 3. 2006 Iowa Acts, chapter 1177, section 10, subsection 6, paragraph b, is amended to read as follows: b. For payment to the governor-elect expense fund in lieu of the appropriation from the gen-

eral fund of the state under section 7.13 to the governor-elect expense fund: $ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

170,000

DEPARTMENT OF REVENUE OPERATIONS

Sec. 4. 2006 Iowa Acts, chapter 1177, section 18, unnumbered paragraph 2, is amended to read as follows: For salaries, support, maintenance, and miscellaneous purposes, and for not more than the

following full-time equivalent positions: $ 23,138,575. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23,238,575 FTEs 392.64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

GOVERNOR

Sec. 5. IOWAENERGY INDEPENDENCEOFFICE. There is appropriated from the gener- al fund of the state to the office of the governor and lieutenant governor for the fiscal year be- ginning July 1, 2006, and ending June 30, 2007, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For initial implementation of an Iowaenergy independenceoffice, in lieu of any other appro-

priation or allocation made for this purpose for the fiscal year of the appropriation and for the succeeding fiscal year, including salaries, support, maintenance,miscellaneous purposes and for not more than the following full-time equivalent positions:

$ 250,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 3.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notwithstanding section 8.33, moneys appropriated in this section that remain unencum- bered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.1

DIVISION II EDUCATION

STATE BOARD OF REGENTS

Sec. 6. BIOMASS PRODUCTIONPROJECT. There is appropriated from the general fund of the state to the state board of regents for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or so much thereof as may be necessary, to be used for the purpose designated: For abiomass productionproject at theuniversity of northern Iowa todetermine the feasibil-

ity of burning prairie vegetation for electrical generation: $ 330,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notwithstanding section 8.33, moneys appropriated in this section that remain unencum- bered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

DEPARTMENT OF CULTURAL AFFAIRS

Sec. 7. 2006 Iowa Acts, chapter 1185, section 41, subsection 1, is amended to read as fol- lows: 1. For theAfrican-Americanhistoricalmuseumandcultural center of Iowa inCedarRapids:

$ 85,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160,000

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1 See chapter 209, §3; chapter 215, §132 herein

707 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 206

Notwithstanding section 8.33, moneys appropriated in this subsection that remain unen- cumbered or unobligated at the close of the fiscal year shall not revert but shall remain avail- able for expenditure for the purposes designated until expended. The historical museum and cultural center shall report to the department and themembers and staff of the joint appropria- tions subcommittee on economic development on or before December 15, 2007, detailing the planned and actual uses for the moneys appropriated in this subsection.

Sec. 8. IOWA CAUCUS PROJECT. There is appropriated from the general fund of the state to the department of cultural affairs for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or somuch thereof as is necessary, to be used for the pur- poses designated: For funding of the Iowa caucus project:

$ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notwithstanding section 8.33, moneys appropriated in this section that remain unencum-

bered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

DEPARTMENT OF EDUCATION

Sec. 9. SKILLS IOWA TECHNOLOGY GRANT PROGRAM. 1. There is appropriated from the general fund of the state to the department of education

for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For continuation of the skills Iowa technology grant program in accordance with this sec-

tion: $ 3,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The amount appropriated in this section shall be used to continue the skills Iowa technol- ogy grant program, previously knownas the follow-the-leader technology grant program. The purpose of the program is to provide assessment and remediation tools to classrooms, to en- hance teachers’ ability to easily assess the skill levels of individual students and prescribe indi- vidualized instruction plans based on those assessments, and provide for professional devel- opment of teachers. The department shall contractwith a not-for-profit entitywith at least two years experience with the skills Iowa technology program and in providing technical assis- tance to schools in Iowa. The goals for the contractor shall include minimizing disruption in the use of skills Iowa in schools. Any departmental administrative expenses associated with this appropriation shall not exceed $50,000. 3. Notwithstanding section 8.33,moneys appropriated in this section that remainunencum-

bered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

Sec. 10. ASSISTIVE TECHNOLOGY LOANS. 1. There is appropriated from the general fund of the state to the department of education

for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For the division of vocational rehabilitation services to issue a grant to a foundation to pro-

vide assistive technology loans and loan guarantees in accordance with this section: $ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. The foundationmust be headquartered in Iowa and be qualified as tax exempt under sec- tion 501(c)(3) of the Internal Revenue Code; operate for the purpose of offering loans to Iowanswho need to purchase assistive technology such as specialized computers or software, wheelchairs, communication devices, home modifications, vehicle modifications, and other devices; have been in existence since 1998; have offices in Des Moines; and have experience in partnering with banks and the Iowa finance authority in providing loans. 3. The grant shall require the grantee to provide a dollar-for-dollar match.

708LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 206

4. The grant shall be used to provide loans and loan guarantees to or on behalf of Iowa resi- dents who have a disability or disabling condition, are in need of assistive technology, are able to meet lending and purpose requirements, and are able to repay the loan. Not more than 5 percent of the amount appropriated shall be used for the administrative costs of the grantee so that 95percent of theappropriation amount is used forproviding loansand loanguarantees. 5. Notwithstanding section 8.33,moneys appropriated in this section that remainunencum-

bered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

Sec. 11. MOBILE PRODUCTION UNIT. There is appropriated from the general fund of the state to the department of education for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or somuch thereof as is necessary, to be used for the pur- poses designated: For the public broadcastingdivision to purchase amobile television productionunit anddig-

ital equipment: $ 1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notwithstanding section 8.33, moneys appropriated in this section that remain unencum- bered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year beginning July 1, 2008.

DIVISION III HEALTH AND HUMAN SERVICES

IOWACARE PROGRAM

Sec. 12. 2006 IowaActs, chapter 1184, section 60, is amended by adding the following new subsection: NEW SUBSECTION. 4. There is appropriated from the IowaCare account created in sec-

tion 249J.24 to the state board of regents for distribution to the university of Iowahospitals and clinics for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For salaries, support, maintenance, equipment, and miscellaneous purposes, for the provi-

sion of medical and surgical treatment of indigent patients, for provision of services to mem- bers of the expansion population pursuant to chapter 249J, and for medical education:

$ 10,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The amount appropriated in this subsection shall be distributed only if federal funds are

available to match the amount appropriated and expenses are incurred to serve the IowaCare expansion population.2

Notwithstanding section 8.33, moneys appropriated in this subsection that remain unen- cumbered or unobligated at the close of the fiscal year shall not revert but shall remain avail- able for expenditure for the purposes designated until the close of the succeeding fiscal year.

DIVISION IV JUSTICE SYSTEM

DEPARTMENT OF CORRECTIONS FACILITIES

Sec. 13. 2006 Iowa Acts, chapter 1183, section 4, subsection 1, paragraphs b, c, e, g, and j, are amended to read as follows: b. For the operation of the Anamosa correctional facility, including salaries, support, main-

tenance, and miscellaneous purposes: $ 28,903,747. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29,253,747

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2 See chapter 218, §63, 67 herein

709 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 206

Moneys are provided within this appropriation for one full-time substance abuse counselor for the Luster Heights facility, for the purpose of certification of a substance abuse program at that facility. c. For the operation of theOakdale correctional facility, including salaries, support,mainte-

nance, and miscellaneous purposes: $ 28,972,190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32,392,728 e. For the operation of the Mt. Pleasant correctional facility, including salaries, support,

maintenance, and miscellaneous purposes: $ 24,929,418. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25,479,418 g. For the operation of the Clarinda correctional facility, including salaries, support, main-

tenance, and miscellaneous purposes: $ 24,251,587. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24,651,587 Moneys received by the department of corrections as reimbursement for services provided

to the Clarinda youth corporation are appropriated to the department and shall be used for the purpose of operating the Clarinda correctional facility. j. For reimbursement of counties for temporary confinement ofwork release andparole vio-

lators, as provided in sections 901.7, 904.908, and 906.17 and for offenders confined pursuant to section 904.513:

$ 799,954. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,199,954

DEPARTMENT OF CORRECTIONS ADMINISTRATION

Sec. 14. 2006 Iowa Acts, chapter 1183, section 5, subsection 1, paragraph a, unnumbered paragraph 1, is amended to read as follows: For general administration, including salaries, support,maintenance, employment of an ed-

ucation director to administer a centralized education program for the correctional system, and miscellaneous purposes:

$ 3,928,438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,128,438

DEPARTMENT OF PUBLIC SAFETY DIVISION OF CRIMINAL INVESTIGATION

Sec. 15. 2006 Iowa Acts, chapter 1183, section 16, subsection 2, unnumbered paragraph 1, is amended to read as follows: For the division of criminal investigation, including the state’s contribution to the peace offi-

cers’ retirement, accident, and disability system provided in chapter 97A in the amount of 17 percent of the salaries for which the funds are appropriated, to meet federal fund matching requirements, and for not more than the following full-time equivalent positions:

$ 18,673,875. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19,140,375

FTEs 270.50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEPARTMENT OF PUBLIC SAFETY STATE FIRE MARSHAL

Sec. 16. 2006 Iowa Acts, chapter 1183, section 16, subsection 5, paragraph a, is amended to read as follows: a. For the division of state fire marshal, including the state’s contribution to the peace offi-

710LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 206

cers’ retirement, accident, and disability system provided in chapter 97A in the amount of 17 percent of the salaries for which the funds are appropriated, and for not more than the follow- ing full-time equivalent positions:

$ 2,513,247. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,613,247

FTEs 41.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEPARTMENT OF PUBLIC SAFETY STATE PATROL

Sec. 17. 2006 Iowa Acts, chapter 1183, section 16, subsection 6, unnumbered paragraph 1, is amended to read as follows: For the division of state patrol, for salaries, support, maintenance, workers’ compensation

costs, andmiscellaneous purposes, including the state’s contribution to the peace officers’ re- tirement, accident, and disability system provided in chapter 97A in the amount of 17 percent of the salaries for which the funds are appropriated, and for not more than the following full- time equivalent positions:

$ 45,185,618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45,335,618

FTEs 531.00. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 18. EQUIPMENT. There is appropriated from the general fund of the state to the de- partment of public safety for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or somuch thereof as is necessary, to be used for the purposes designat- ed: For equipment costs:

$ 300,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notwithstanding section 8.33, moneys appropriated in this section that remain unencum-

bered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

DIVISION V INFRASTRUCTURE, TECHNOLOGY, AND EQUIPMENT

REBUILD IOWA INFRASTRUCTURE FUND

Sec. 19. IOWAJUVENILEHOME. There is appropriated from the rebuild Iowa infrastruc- ture fund to the department of administrative services for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For the Iowa juvenile home powerhouse:

$ 7,035,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notwithstanding section 8.33, moneys appropriated in this section that remain unencum-

bered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the fiscal year that begins July 1, 2010, or until the project for which the appropriation was made is completed, whichever is earlier.

TOBACCO SETTLEMENT TRUST FUND AND ROAD USE TAX FUND

Sec. 20. FY 2006-2007. There is appropriated from the tax-exempt bond proceeds restrict- ed capital funds account of the tobacco settlement trust fund to the following departments and agencies for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amounts, or so much thereof as is necessary, to be used for the purposes designated:

711 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 206

1. DEPARTMENT OF ADMINISTRATIVE SERVICES a. For costs associatedwith the replacement of the roof at thegovernor’smansionatTerrace

Hill: $ 700,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b. For upgrades to the electrical distribution system serving the capitol complex: $ 800,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. DEPARTMENT OF PUBLIC SAFETY For costs associatedwith the acquisition andmaintenance of property, the purchase and in-

stallation of radio consoles at public safety facilities, and the purchase of equipment: $ 2,400,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CHANGES TO PRIOR APPROPRIATIONS DEPARTMENT OF ADMINISTRATIVE SERVICES

FY 2004-2005

Sec. 21. 2004 Iowa Acts, chapter 1175, section 304, subsection 1, paragraph a, is amended to read as follows: a. For the payment of claims relating to the purchase and implementation of an integrated

information for Iowa system, notwithstanding section 12E.12, subsection 1, paragraph “b”, subparagraph (1):

$ 6,049,284. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4,549,284

DEPARTMENT OF PUBLIC SAFETY FY 2005-2006

Sec. 22. 2006 Iowa Acts, chapter 1179, section 12, subsection 1, paragraph e, is amended to read as follows: e. DEPARTMENT OF PUBLIC SAFETY For construction of an Iowa state patrol post in district 8:

$ 2,400,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0

OFFICE OF TREASURER OF STATE

Sec. 23. There is appropriated from the road use tax fund to the office of the treasurer of state for the fiscal yearbeginning July 1, 2006, andending June30, 2007, the followingamount, or so much thereof as is necessary, to be used for the purposes designated: For information technology-related expenses:

$ 93,148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DIVISION VI OTHER APPROPRIATIONS

Sec. 24. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND DEVELOP- MENTAL DISABILITIES FUNDING. There is appropriated from the property tax relief fund created in section 426B.1 to the department of human services for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or so much thereof as is neces- sary, to be used for the purposes designated: For payment to a county with a population ofmore than 8,650 but less than 9,000, according

to the 2005 population estimate issued by the federal government, of an amount equal to the second property tax relief fund distribution that was payable to the county in January 2006, not to exceed the amount appropriated in this section, had the countymet the requirement un-

712LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 206

der section 331.439, subsection 1, paragraph “a”, to report by December 1, 2005, expenditures for mental health, mental retardation, and developmental disabilities for the previous fiscal year:

$ 121,124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The county shall credit the amount received by the county pursuant to the appropriation

made in this section to the county’smental health,mental retardation, and developmental dis- abilities services fund created under section 331.424A, for expenditure from the services fund as provided by law.

Sec. 25. ALLOWED GROWTH FUNDING. 1. There is appropriated from the property tax relief fund created in section 426B.1 to the

department of human services for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For allocation to a county as provided in this section:

$ 121,960. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. There is appropriated from the general fund of the state to the department of human ser-

vices for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or so much thereof as is necessary, to be used for the purposes designated: For allocation to a county as provided in this section:

$ 52,265. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. The appropriationsmade in this section shall be allocated to a countywith a general pop-

ulation of more than 10,500 but less than 10,600, according to themost recent population esti- mate issuedby the federal government, and thatmet the requirements for distribution in Janu- ary 2007 of allowed growth factor adjustment funding under the per capita expenditure target pool provisions in accordance with sections 331.438 and 426B.5 and 2005 Iowa Acts, chapter 179, section 1, as amended by 2006 Iowa Acts, chapter 1184, section 73, except that the coun- ty’s per capita expenditure amount was in excess of the statewide per capita expenditure tar- get amount. The county receiving the allocation made in this section shall credit the allocation to the

county’s mental health, mental retardation, and developmental disabilities services fund un- der section 331.424A.

DIVISION VII REAL ESTATE EDUCATION

*Sec. 26. NEW SECTION. 268.6 REAL ESTATE EDUCATION PROGRAM. There is appropriated from the general fund of the state to the state board of regents for the

fiscal year beginning July 1, 2008, and for each succeeding fiscal year, one hundred sixty thou- sand dollars for allocation to the university of northern Iowa to be used for continuation of the real estate education program.*

Sec. 27. Section 543B.54, Code 2007, is amended to read as follows: 543B.54 REAL ESTATE EDUCATION FUND. 1. The Iowa real estate education fund is created as a financial assurancemechanism to as-

sist in the establishment andmaintenance of a college credit real estate education program at the university of northern Iowa programs at Iowa community colleges and other Iowa colleges and universities, and to assist the real estate commission in providing an education director. The fund is created as a separate fund in the state treasury, and any funds remaining in the fund at the end of each fiscal year shall not revert to the general fund, but shall remain in the Iowa real estate education fund. 2. Twenty-five dollars per license from fees deposited for each real estate salesperson’s li-

cense and each broker’s license shall be distributed and are appropriated to the board of re- gents real estate commission for the purpose of establishing andmaintaining a real estate edu- cation program at the university of northern Iowa a program to provide grants to community

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* Item veto; see message at end of the Act

713 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 206

colleges and other colleges and universities in the state providing programs under this section and using the curriculummaintained by the commission. Grants shall be awarded by a grant committee established by the real estate commission. The committee shall consist of seven members: two members of the commission, four members of the Iowa association of real- tors, and one member of the general public. The commission shall promulgate rules relating to the organization and operation of the committee, which shall include the term of member- ship, and establishing standards for awarding grants. The members of the committee may be reimbursed for actual and necessary expenses incurred in the performance of their duties but shall not receive a per diem payment. 3. The remainingmoneys in the fund shall be distributed and are appropriated to theprofes-

sional licensing and regulation bureau of the banking division of the department of commerce for the purpose of hiring and compensating a real estate education director and regulatory compliance personnel.

Sec. 28. REALESTATEEDUCATIONPROGRAM. There is appropriated from thegeneral fund of the state to the state board of regents for the fiscal year beginning July 1, 2006, and ending June 30, 2007, the following amount, or somuch thereof as is necessary, to be used for the purposes designated: For allocation to the university of northern Iowa for the real estate education program for

expenditure after June 30, 2007: $ 160,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notwithstanding section 8.33, moneys appropriated in this section that remain unencum- bered or unobligated at the close of the fiscal year shall not revert but shall remain available for expenditure for the purposes designated until the close of the succeeding fiscal year.

Sec. 29. EFFECTIVEDATE. The sections of this division of this Act enacting section 268.6 and amending section 534B.543 take effect July 1, 2007.

DIVISION VIII DISPOSAL OF STATE REAL PROPERTY

*Sec. 30. Section 8D.11, subsection 1, Code 2007, is amended to read as follows: 1. The commissionmay purchase, lease, and improve property, equipment, and services for

telecommunications for public and private agencies and may dispose of property and equip- ment when not necessary for its purposes. However, the commission shall not enter into a con- tract for the purchase, lease, or improvement of property, equipment, or services for telecom- munications pursuant to this subsection in an amount greater than onemillion dollars without prior authorization by a constitutional majority of each house of the general assembly, or ap- proval by the legislative council if the general assembly is not in session. The sale, exchange, or other means of disposal of property with a fair market value of five million dollars or more requires the prior authorization of a constitutionalmajority of eachhouse of the general assem- bly and approval by the governor. The commission shall not issue any bonding or other long- term financing arrangements as defined in section 12.30, subsection 1, paragraph “b”. Real or personal property to be purchased by the commission through the use of a financing agreement shall be done in accordance with the provisions of section 12.28, provided, however, that the commission shall not purchaseproperty, equipment, or services for telecommunicationspursu- ant to this subsection in anamount greater than onemillion dollarswithout prior authorization by a constitutional majority of each house of the general assembly, or approval by the legisla- tive council if the general assembly is not in session.*

*Sec. 31. Section 29A.57, subsection 2, Code 2007, is amended to read as follows: 2. The board may acquire land or real estate by purchase, contract for purchase, gift, or be-

quest and acquire, own, contract for the construction of, erect, purchase, maintain, alter, oper- ate, and repair installations and facilities of the Iowa national guard and the Iowa air national guard when funds for the installations and facilities are made available by the federal govern-

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3 See chapter 215, §261 herein

* Item veto; see message at end of the Act

714LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 206

ment, the state of Iowa, municipalities, corporations or individuals. The title to the property so acquired shall be taken in the name of the state of Iowa and the real estate. If recommended by the board and authorized by a constitutionalmajority of each house of the general assembly and approved by the governor, real property with a fair market value of five million dollars or more may be sold or exchanged by the executive council, upon recommendation of the board, when it is no longer needed for the purpose for which it was acquired. Income or revenue de- rived from the sale of the real estate shall be credited to the national guard facilities improve- ment fund and used for the purposes specified in section 29A.14, subsection 2.*

*Sec. 32. Section 99G.21, subsection 3, Code 2007, is amended to read as follows: 3. Notwithstanding any other provision of law, any purchase of real property and any bor-

rowing of more than one million dollars by the authority shall require written notice from the authority to the legislative government oversight committees and the prior approval of the executive council. The sale, exchange, or other means of disposal of real property with a fair market value of five million dollars or more requires the authorization of a constitutional ma- jority of each house of the general assembly and approval by the governor.*

*Sec. 33. Section 173.14, subsection 8, Code 2007, is amended to read as follows: 8. Take, acquire, hold, and dispose of property by deed, gift, devise, bequest, lease, or emi-

nent domain. The title to real estate acquired under this subsection and improvements erected on the real estate shall be taken and held in the name of the state of Iowa and shall be under the custody and control of the board. The sale, exchange, or other means of disposal of real propertywith a fairmarket value of fivemillion dollars ormore requires the prior authorization of a constitutional majority of each house of the general assembly and approval by the gover- nor. In the exercise of the power of eminent domain the board shall proceed in themanner pro- vided in chapters 6A and 6B.*

*Sec. 34. Section 260C.14, subsection 6, Code 2007, is amended to read as follows: 6. Have authority to sell a student-constructed building and the property on which the stu-

dent-constructed building is located or any article resulting from any vocational program or course offered at a community college by any procedure which may be adopted by the board. However, the sale, exchange, or othermeans of disposal of real propertywith a fairmarket val- ue of five million dollars or more requires the prior authorization of a constitutional majority of each house of the general assembly and approval by the governor. Governmental agencies and governmental subdivisions of the state within the merged areas shall be given preference in the purchase of such articles. All revenue received from the sale of any article shall be cred- ited to the funds of the board of the merged area.*4

*Sec. 35. Section 262.9, subsection 7, Code 2007, is amended to read as follows: 7. Acquire real estate for the proper uses of institutions under its control, and dispose of real

estate belonging to the institutions when not necessary for their purposes. The sale, exchange, or other means of disposal of real property with a fair market value of five million dollars or more requires the prior authorization of a constitutional majority of each house of the general assembly and approval by the governor. The disposal of real estate shall be made upon such terms, conditions, andconsiderationas theboardmay recommend. If real estate subject to sale has been purchased or acquired from appropriated funds, the proceeds of such sale shall be depositedwith the treasurer of state and credited to the general fund of the state. There is here- by appropriated from the general fund of the state a sumequal to the proceeds so deposited and credited to the general fund of the state to the state board of regents, whichmay be used to pur- chase other real estate and buildings and for the construction and alteration of buildings and other capital improvements. All transfers shall be by state patent in the manner provided by law. The board is also authorized to grant easements for rights-of-way over, across, and under the surface of public lands under its jurisdiction when in the board’s judgment such easements are desirable and will benefit the state of Iowa. *

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* Item veto; see message at end of the Act 4 See chapter 131, §5, 7; chapter 215, §133 herein

715 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 206

*Sec. 36. Section 313.2, unnumbered paragraph 5, Code 2007, is amended to read as fol- lows: The department, either alone or in co-operation cooperation with any county, shall have the

authority tomayutilize any landacquired incidental to theacquisitionof land for highway right of way and to also accept by gift, lands not exceeding two acres in area for roadside parks and parking areas. The department may furnish necessary maintenance. The department shall also have authority tomay accept by gift, equipment or other installations incidental to the use of said such parks and parking areas. Said Such parks and parking areas shall be a part of the primary road system and the department may at its discretion sell or otherwise dispose of said such lands. The sale, exchange, or othermeans of disposal of any real propertywith a fair market value of five million dollars or more requires the prior authorization of a constitutional majority of each house of the general assembly and approval by the governor.*5

*Sec. 37. Section 455A.5, subsection 6, paragraph c, Code 2007, is amended to read as fol- lows: c. Approve or disapprove proposals for the acquisition or disposal of state lands and waters

relating to state parks, recreational facilities, andwildlife programs, submitted by the director. The sale, exchange, or other means of disposal of real property with a fair market value of five million dollars or more requires the authorization of a constitutional majority of each house of the general assembly and approval by the governor.*

*Sec. 38. Section 904.317, Code 2007, is amended to read as follows: 904.317 DIRECTOR MAY BUY AND SELL REAL ESTATE — OPTIONS. 1. The director, subject to the approval of the board, may secure options to purchase real es-

tate and acquire and sell real estate for the proper uses of the institutions. Real estate shall be acquired and sold upon terms and conditions the director recommends subject to the approval of the board. However, the sale, exchange, or other means of disposal of real property with a fair market value of five million dollars or more requires the authorization of a constitutional majority of each house of the general assembly and approval by the governor. Upon sale of the real estate, the proceeds shall be depositedwith the treasurer of state and credited to the gener- al fund of the state. There is appropriated from the general fund of the state to the department a sum equal to the proceeds so deposited and credited to the general fund of the state which may be used to purchase other real estate or for capital improvements upon property under the director’s supervision. 2. The costs incident to the securing of options and acquisition and sale of real estate includ-

ing, but not limited to, appraisals, invitations for offers, abstracts, and other necessary costs, maybepaid frommoneys appropriated for support andmaintenance to the institution atwhich the real estate is located. The fund shall be reimbursed from the proceeds of the sale.*

DIVISION IX EFFECTIVE DATE

Sec. 39. EFFECTIVE DATE. Except as provided otherwise, this Act, being deemed of im- mediate importance, takes effect upon enactment.

Approved May 21, 2007, with exceptions noted.

CHESTER J. CULVER, Governor

Dear Mr. Secretary:

I hereby transmit Senate File 403, an Act addressing financial and regulatorymatters bymak-

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* Item veto; see message at end of the Act 5 See chapter 131, §5, 7 herein

716LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 206

ing and revising appropriations, providing for properly related matters, and providing effec- tive dates.

Senate File 403 is approved on this date, with the exceptions noted below, which I hereby dis- approve.

I amunable to approve the itemdesignatedasSection26 in its entirety,whichprovides a stand- ing limited General Fund appropriation of $160,000 to fund the operational expenses of the Real Estate Education Program at the University of Northern Iowa. Funding the day-to-day expenses of this programwith a standing appropriation effectively removes this function from annual oversight by theGovernor, theBoardofRegents and theLegislature. I recommend that theBoard ofRegents or the presidents of the Iowa community colleges provide funding for this program from the General Fund appropriations for their operating budgets if the Real Estate Education Fund is insufficient to cover the expansion of this program contained in other sec- tions of Division VII of Senate File 403 and if the program fits within themission of the respec- tive institution.

Finally, I am unable to approve the item designated as Division VIII in its entirety, including Sections 30, 31, 32, 33, 34, 35, 36, 37 and 38. This division deals with the Executive Branch’s authority to dispose of real propertywith a fairmarket value of at least $5,000,000 and imposes an additional requirement that such transactions must be approved by not only the Governor but alsobyamajority of eachHouseof theGeneralAssembly. It imposes anunnecessary legis- lative requirement on the Executive Branch’s authority to manage state property in the best interests of theState and could, for instance, adversely affect the timingof certain transactions for the Department of Transportation and the Department of Natural Resources. For this rea- son, these sections of this division are unacceptable.

For the above reasons, I respectfully disapprove of the designated items in accordance with Article III, Section 16 of the Constitution of the State of Iowa. All other items in Senate File 403 are hereby approved this date.

Sincerely, CHESTER J. CULVER, Governor

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CH. 207CH. 207

CHAPTER 207

TARGETED SMALL BUSINESS ASSISTANCE — PROGRAMS AND APPROPRIATIONS

H.F. 890

ANACT relating to assistance for small businesses, making appropriations, and providing an effective date provision.

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

Section 1. Section 8A.311, subsection 10, unnumbered paragraph 1, Code 2007, is amend- ed to read as follows: The director shall adopt rules providing that any state agency may, upon request, purchase

directly from a vendor if the direct purchasing is as economical or more economical than pur-