General Assembly: 80 (2003 Regular GA) - Chapter 177 - Appropriations — infrastructure and capital projects


Published: 2003-05-30

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590LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 176

I am unable to approve the designated portion of Section 15, subsection 2. This would restrict the expenditure of additional penalty and interest revenues to accomplish the mission of the department to provide safe workplaces and steady employment. The director of the Depart- ment of Workforce Development currently has the authority to reassign unused penalty and interest funds. We must maintain that flexibility to reallocate dollars when needed to ensure the safety and employment security of working Iowans.

I am unable to approve the item designated as Section 20. Expenditure information for execu- tive branch agencies of state government is currently available to the economic development appropriations subcommittees and the Legislative Fiscal Bureau on a daily basis through the Iowa Financial and Accounting System. The Legislative Fiscal Bureau also has the authority to request expenditure information from Regent universities. The reporting requirement in this section would duplicate existing data and place an unneeded and unprecedented require- ment on limited staff resources.

For the above reasons, I respectfully disapprove these items in accordance with Amendment IV of theAmendments of 1968 to theConstitution of theState of Iowa.All other items inSenate File 433 are hereby approved as of this date.

Sincerely, THOMAS J. VILSACK, Governor

_________________________

CH. 177CH. 177

CHAPTER 177

APPROPRIATIONS — INFRASTRUCTURE AND CAPITAL PROJECTS

S.F. 452

AN ACT relating to and making appropriations to state departments and agencies from the rebuild Iowa infrastructure fund, environment first fund, and tobacco settlement trust fund, relating to the capitol complex parking structure, and authorizing fees.

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

DIVISION I REBUILD IOWA INFRASTRUCTURE FUND

STATE BOARD OF REGENTS

Section 1. There is appropriated from the rebuild Iowa infrastructure fund to the state boardof regents for the fiscal yearbeginning July 1, 2003, andendingJune30, 2004, the follow- ing amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. For correction of deferred maintenance at the Iowa school for the deaf, notwithstanding

section 8.57, subsection 5, paragraph “c”: $ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. For correction of deferred maintenance at the Iowa braille and sight saving school, not- withstanding section 8.57, subsection 5, paragraph “c”:

$ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

591 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 177

DEPARTMENT OF CORRECTIONS

Sec. 2. There is appropriated from the rebuild Iowa infrastructure fund to the department of corrections for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the follow- ing amount, or so much thereof as is necessary, to be used for the purpose designated: For costs of entering into a lease-purchase agreement to connect the electrical system sup-

porting the special needs unit at Fort Madison: $ 333,168. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEPARTMENT OF CULTURAL AFFAIRS

Sec. 3. There is appropriated from the rebuild Iowa infrastructure fund to the department of cultural affairs for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the fol- lowing amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. For historical site preservation grants, to be used for the restoration, preservation, and

development of historical sites: $ 830,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Historical site preservation grants shall only be awarded for projects whichmeet the defini- tion of “vertical infrastructure” in section 8.57, subsection 5, paragraph “c”. In making grants pursuant to this subsection, the department shall consider the existence

and amount of other funds available to an applicant for the designated project. Each grant awarded from moneys appropriated in this subsection shall not exceed $100,000 per project. Not more than two grants may be awarded in each county. 2. For continuation of the project recommended by the Iowa battle flag advisory committee

to stabilize the condition of the battle flag collection, notwithstanding section 8.57, subsection 5, paragraph “c”:

$ 150,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. For allocation to the state historical society for the design, construction, and installation

of a medal of honor kiosk, notwithstanding section 8.57, subsection 5, paragraph “c”: $ 125,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEPARTMENT OF ECONOMIC DEVELOPMENT

Sec. 4. There is appropriated from the rebuild Iowa infrastructure fund to the department of economic development, or the Iowa finance authority, as designated, for the fiscal year be- ginning July 1, 2003, and ending June 30, 2004, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. To the department of economic development for deposit in the local housing assistance

program fund created in section 15.354, or, if the housing trust fund is createdwithin the Iowa finance authority by the Eightieth General Assembly, 2003 Session, to the Iowa finance au- thority for deposit in the housing trust fund, notwithstanding section 8.57, subsection 5, para- graph “c”:

$ 800,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. For accelerated career educationprogramcapital projects at community colleges that are

authorized under chapter 260G and that meet the definition of “vertical infrastructure” in sec- tion 8.57, subsection 5, paragraph “c”:

$ 3,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Themoneys appropriated in this subsection shall be allocated equally among the communi-

ty colleges in the state. If any portion of the equal allocation to a community college is not obli- gated or encumbered by April 1, 2004, the unobligated and unencumbered portions shall be available for use by other community colleges.

DEPARTMENT OF EDUCATION

Sec. 5. There is appropriated from the rebuild Iowa infrastructure fund to the department

592LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 177

of education for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amount, or so much thereof as is necessary, to be used for the purpose designated: To provide resources for structural and technological improvements to local libraries, not-

withstanding section 8.57, subsection 5, paragraph “c”: $ 600,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEPARTMENT OF GENERAL SERVICES

Sec. 6. There is appropriated from the rebuild Iowa infrastructure fund to the department of general services, or any successor agency, for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. For costs associated with the remodeling of the records and property center:

$ 4,750,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. For costs associated with the planning for the vacation and demolition of the Wallace

building: $ 50,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. For routine maintenance of state buildings and facilities, notwithstanding section 8.57, subsection 5, paragraph “c”:

$ 1,664,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. For relocation and transition costs directly associated with renovation of the records and

property building, notwithstanding section 8.57, subsection 5, paragraph “c”: $ 729,237. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The move and relocation associated with renovation of the records and property building shall not commence until April 1, 2004. 5. For facility lease payments for the department of corrections, the Iowa department of

public health, and the department of public safety, notwithstanding section 8.57, subsection 5, paragraph “c”:

$ 631,449. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. To provide matching funds for construction of the medical and education building for a

child treatment center located in a county with a population between 189,000 and 196,000: $ 250,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. For construction and display of permanent exhibits for the statewide African-American museum located in Linn county, notwithstanding section 8.57, subsection 5, paragraph “c”:

$ 300,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

INFORMATION TECHNOLOGY DEPARTMENT

Sec. 7. There is appropriated from the rebuild Iowa infrastructure fund to the information technology department, or any successor agency, for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amount, or somuch thereof as is necessary, to be used for the purpose designated: For technology improvement projects, notwithstanding section 8.57, subsection 5, para-

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

Of the amount appropriated in this section, $250,000 is allocated to maintain and operate the enterprise warehouse technology project and $65,000 is allocated to the division of crimi- nal and juvenile justice planning of the department of human rights for 1.00 full-time equiva- lent position to provide support for the justice data warehouse technology project.

IOWA TELECOMMUNICATIONS AND TECHNOLOGY COMMISSION

Sec. 8. There is appropriated from the rebuild Iowa infrastructure fund to the Iowa tele- communications and technology commission for the fiscal year beginning July 1, 2003, and

593 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 177

ending June 30, 2004, the following amount, or somuch thereof as is necessary, to be used for the purpose designated: For maintenance and lease costs associated with Part III connections, notwithstanding sec-

tion 8.57, subsection 5, paragraph “c”: $ 2,727,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

NATIONAL PROGRAM FOR PLAYGROUND SAFETY

Sec. 9. There is appropriated from the rebuild Iowa infrastructure fund to the national pro- gram for playground safety at the university of northern Iowa for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For the Iowa safe surfacing initiative, notwithstanding section 8.57, subsection 5, paragraph

“c”: $ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No more than 2.5 percent of the funds appropriated in this section shall be used by the na- tional program for playground safety for administrative costs associated with the Iowa safe surfacing initiative. The crumb rubber playground tiles for the initiative shall be international play equipment

manufacturers association (IPEMA)-certified to the American society for testing and materi- als (ASTM) F1292 standard.

DEPARTMENT OF PUBLIC DEFENSE

Sec. 10. There is appropriated from the rebuild Iowa infrastructure fund to the department of public defense for the designated fiscal years the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. For planning and design of a national guard readiness center in or near Iowa City:

FY 2003-2004 $ 195,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. For planning, design, and construction of a national guard readiness center in or near

Fort Dodge: FY 2003-2004 $ 750,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FY 2004-2005 $ 750,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEPARTMENT OF PUBLIC SAFETY

Sec. 11. There is appropriated from the rebuild Iowa infrastructure fund to the department of public safety for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the follow- ing amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. For capitol building and judicial building security, notwithstanding section 8.57, subsec-

tion 5, paragraph “c”: $ 800,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. To the division of fire safety of the department for allocation to the fire service training bureau for the planning, design, and construction of regional training facilities in the state:

$ 50,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. To the division of fire safety of the department for allocation to the fire service training

bureau to establish a revolving loan program for equipment purchases by local fire depart- ments, notwithstanding section 8.57, subsection 5, paragraph “c”:

$ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

STATE DEPARTMENT OF TRANSPORTATION

Sec. 12. There is appropriated from the rebuild Iowa infrastructure fund to the state de- partment of transportation for the fiscal year beginning July 1, 2003, and ending June 30, 2004,

594LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 177

the following amounts, or so much thereof as is necessary, to be used for the purposes desig- nated, notwithstanding section 8.57, subsection 5, paragraph “c”: For operation and maintenance of the network of automated weather observation and data

transfer systems associated with the Iowa aviation weather system, the runway marking pro- gram for public airports, the windsock program for public airports, and the aviation improve- ment program:

$ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 13. PAYMENTS IN LIEU OF TUITION. There is appropriated from the rebuild Iowa infrastructure fund to the state board of regents for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amount, or so much thereof as may be necessary, to be used for the purpose designated: For allocation by the state board of regents to the state university of Iowa, the Iowa state uni-

versity of science and technology, and the university of northern Iowa to reimburse the institu- tions for deficiencies in their operating funds resulting from the pledging of tuitions, student fees and charges, and institutional income to finance the cost of providing academic and ad- ministrative buildings and facilities and utility services at the institutions, notwithstanding section 8.57, subsection 5, paragraph “c”:

$ 350,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 14. REVERSION. Notwithstanding section 8.33,moneys appropriated in 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 purposes designated until the close of the fiscal year that begins July 1, 2006, or until the project forwhich the appropriationwasmade is completed,whichever is earlier.

Sec. 15. 2002 Iowa Acts, Second Extraordinary Session, chapter 1001, section 6, is amended to read as follows: SEC. 6. STATE BOARD OF REGENTS — ENGINEERING COMPLEX — BONDING. There is appropriated from the rebuild Iowa infrastructure fund to the state board of regents

for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For repayment of the bonding for the phase II construction of the engineering teaching and

research complex at Iowa state university of science and technology, as authorized in this sec- tion:

$ 7,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0

Moneys appropriated in this section are not subject to transfer. 1. The state board of regents is authorized to issue bonds as provided in chapter 262A in an

amount not exceeding $7 million, except as provided in subsection 2, to undertake and carry out completion of the engineering teaching and research phase II construction at Iowa state university of science and technology and to finance the remaining cost of the project. 2. Notwithstanding the limitation established in subsection 1, the amount of bonds issued

as authorized in subsection 1may be exceeded by the amount the state board of regents deter- mines to be necessary to capitalize interest, bond reserves, and issuance costs.

Sec. 16. 1999 Iowa Acts, chapter 204, section 6, unnumbered paragraph 2, as amended by 2000 Iowa Acts, chapter 1225, section 13, is amended to read as follows: For planning, design, and construction of a new judicial building:

FY 1999-2000 $ 10,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FY 2000-2001 $ 8,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of the amount appropriated in this section for FY 2000-2001, up to $400,000 may be used

by the judicial branch for costs associated with operation of the judicial building, notwith- standing section 8.57, subsection 5, paragraph “c”.

595 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 177

DIVISION II ENVIRONMENT FIRST FUND

DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP

Sec. 17. There is appropriated from the environment first fund to the department of agri- culture and land stewardship for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. For the conservation reserve enhancement program to restore andconstructwetlands for

the purposes of intercepting tile line runoff, reducing nutrient loss, improving water quality, and enhancing agricultural production practices:

$ 1,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. For continuation of a program that provides multi-objective resource protections for

flood control, water quality, erosion control, and natural resource conservation: $ 2,700,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. For continuation of a statewide voluntary farm management demonstration program to demonstrate the effectiveness andadaptability of emergingpractices in agronomy that protect water resources and provide other environmental benefits:

$ 850,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. For deposit in the alternative drainage system assistance fund created in section 460.303

to be used for purposes of supporting the alternative drainage system assistance program as provided in section 460.304:

$ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. To provide financial assistance for the establishment of permanent soil and water con-

servation practices: $ 5,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a. Not more than 5 percent of the moneys appropriated in this subsection may be allocated for cost-sharing to abate complaints filed under section 161A.47. b. Of the moneys appropriated in this subsection, 5 percent shall be allocated for financial

incentives to establish practices to protect watersheds above publicly owned lakes of the state from soil erosion and sediment as provided in section 161A.73. c. Not more than 30 percent of a district’s allocation of moneys as financial incentives may

be provided for the purpose of establishing management practices to control soil erosion on land that is row-cropped, including but not limited to no-till planting, ridge-till planting, con- touring, and contour strip-cropping as provided in section 161A.73. d. The state soil conservation committee created in section 161A.4may allocatemoneys ap-

propriated in this subsection to conduct research and demonstration projects to promote con- servation tillage and nonpoint source pollution control practices. e. The financial incentive paymentsmaybeused in combinationwith department of natural

resources moneys. f. Not more than 10 percent of the moneys appropriated in this subsection may be used for

costs of administration and implementation of soil and water conservation practices. 6. To encourage and assist farmers in enrolling in the continuous sign-up federal conserva-

tion reserve programandworkwith them to enhance their revegetation efforts to improvewa- ter quality and habitat:

$ 2,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. For deposit in the loess hills development and conservation fund created in section

161D.2: $ 600,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Of the amount appropriated in this subsection, $400,000 shall be allocated to thehungry can- yons account and $200,000 shall be allocated to the loess hills alliance account, to be used for the purposes for which themoneys in those accounts are authorized to be used under chapter 161D.

596LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 177

No more than five percent of the moneys appropriated in this subsection may be used for administrative costs. 8. For deposit in the southern Iowa development and conservation fund created in section

161D.12: $ 300,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No more than five percent of the moneys appropriated in this subsection may be used for administrative costs.

DEPARTMENT OF ECONOMIC DEVELOPMENT

Sec. 18. There is appropriated from the environment first fund to the department of eco- nomic development for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amount or so much thereof as necessary to be used for the purpose designated: For deposit in the brownfield redevelopment fund created in section 15.293 to provide assis-

tance under the brownfield redevelopment program: $ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DEPARTMENT OF NATURAL RESOURCES

Sec. 19. There is appropriated from the environment first fund to thedepartment of natural resources for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amounts, or so much thereof as is necessary, to be used for the purposes designated: 1. To provide local watershed managers with geographic information system data for their

use in developing, monitoring, and displaying results of their watershed work: $ 195,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2. For statewide coordination of volunteer efforts under thewater quality andkeepers of the land programs:

$ 100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. For continuing the establishment and operation of water quality monitoring stations:

$ 2,955,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. For deposit in the administration account of the water quality protection fund, to carry

out the purposes of that account: $ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. For air quality monitoring equipment: $ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6. For the dredging of lakes, including necessary preparation for dredging, in accordance with the department’s classification of Iowa lakes restoration report:

$ 1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . It is the intent of the general assembly that the department shall consider the following crite-

ria for funding lake dredging projects as provided in this subsection, and shall prioritize proj- ects based on the following: a. Documented efforts to address watershed protection, considering testing, conservation

efforts, and amount of time devoted to watershed protection. b. Protection of a natural resource and natural habitat. c. Percentage of public access and undeveloped lakefront property. d. Continuation of current projects partially funded by state resources to achieve depart-

ment recommendations. 7. For purposes of funding capital projects for the purposes specified in section 452A.79,

and for expenditures for the local cost share grants to be used for capital expenditures to local governmental units for boating accessibility:

$ 2,300,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. For regular maintenance of state parks and staff time associated with these activities:

$ 2,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

597 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 177

RESOURCES ENHANCEMENT AND PROTECTION FUND

Sec. 20. Notwithstanding the amount of the standing appropriation from the general fund of the state under section 455A.18, subsection 3, there is appropriated from the environment first fund to the Iowa resources enhancement and protection fund, in lieu of the appropriation made in section 455A.18, for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amount, to be allocated as provided in section 455A.19:

$ 11,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 21. REVERSION. 1. Except as provided in subsection 2, and notwithstanding section 8.33, moneys appro-

priated in this division of this Act that remain unencumbered or unobligated 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 beginning July 1, 2004, or until the project for which the appropriation was made is completed, whichever is earlier. 2. Notwithstanding section 8.33, moneys appropriated in this division of this Act to the de-

partment of agriculture and land stewardship to provide financial assistance for the establish- ment of permanent soil andwater conservation practices that remain unencumbered or unob- ligated 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, 2006.

DIVISION III TOBACCO SETTLEMENT TRUST FUND

Sec. 22. There is appropriated from the tax-exempt bond proceeds restricted capital funds account of the tobacco settlement trust fund to the following departments and agencies for the fiscal yearbeginning July 1, 2003, andendingJune30, 2004, the followingamounts, or somuch thereof as is necessary, to be used for the purposes designated: 1. DEPARTMENT OF ECONOMIC DEVELOPMENT For accelerated career education program capital projects at community colleges that are

authorized under chapter 260G and that meet the definition of “vertical infrastructure” in sec- tion 12E.12, subsection 1, paragraph “b”, subparagraph (1):

$ 2,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Themoneys appropriated in this subsection shall be allocated equally among the communi-

ty colleges in the state. If any portion of the equal allocation to a community college is not obli- gated or encumbered by April 1, 2004, the unobligated and unencumbered portions shall be available for use by other community colleges. 2. DEPARTMENT OF EDUCATION For allocation to the public broadcasting division for costs of installation of digital television

for Iowa public television facilities, notwithstanding section 12E.12, subsection 1, paragraph “b”, subparagraph (1):

$ 10,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. DEPARTMENT OF GENERAL SERVICES (or any successor agency) For major renovation and major repair needs including health, life, and fire safety needs,

and for compliance with the federal Americans With Disabilities Act, for state-owned build- ings and facilities:

$ 11,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a. Of the amount appropriated in this subsection, up to $375,000may be used for costs asso-

ciated with project management services in the division of design and construction of the de- partment, or to a similar division of any successor agency, notwithstanding section 12E.12, subsection 1, paragraph “b”, subparagraph (1). b. Of the amount appropriated in this subsection, $200,000may be used for costs associated

with the vertical infrastructure program, notwithstanding section 12E.12, subsection 1, para- graph “b”, subparagraph (1).

598LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 177

4. INFORMATION TECHNOLOGY DEPARTMENT (or any successor agency) For the payment of claims relating to the purchase and implementation of an integrated in-

formation for Iowa system: $ 6,131,075. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5. IOWA STATE FAIR AUTHORITY For vertical infrastructure improvements on the state fairgrounds:

$ 500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. DEPARTMENT OF NATURAL RESOURCES a. For costs associated with the planning, design, and construction of a premier destination

park, notwithstanding section 12E.12, subsection 1, paragraph “b”, subparagraph (1): $ 3,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The appropriation in this paragraph “a” is contingent upon receipt by the department of a funding commitment by June 30, 2005, from a private developer for development of the pro- posed honey creek resort areas near the premier destination park. b. For continuation of the restore the outdoors program, notwithstanding section 12E.12,

subsection 1, paragraph “b”, subparagraph (1): $ 2,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. DEPARTMENT OF PUBLIC DEFENSE a. For maintenance and repair of national guard armories and facilities:

$ 1,269,636. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. For construction of a new national guard armory at Boone:

$ 1,095,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. DEPARTMENT OF PUBLIC SAFETY For improvements to the capitol complex security system, notwithstanding section 12E.12,

subsection 1, paragraph “b”, subparagraph (1): $ 1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9. STATE DEPARTMENT OF TRANSPORTATION a. For vertical infrastructure improvements at the commercial air service airportswithin the

state: $ 1,100,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

One-half of the funds appropriated in this paragraph “a” shall be allocated equally between each commercial service airport, 40 percent of the funds shall be allocated based on the per- centage that the number of enplaned passengers at each commercial service airport bears to the total number of enplaned passengers in the state during the previous fiscal year, and 10 percent of the funds shall be allocated based on the percentage that the air cargo tonnage at each commercial service airport bears to the total air cargo tonnage in the state during the pre- vious fiscal year. In order for a commercial service airport to receive funding under this para- graph “a”, the airport shall be required to submit applications for funding of specific projects to the department for approval by the state transportation commission. b. For a vertical infrastructure improvement grant program for improvements at general

aviation airports within the state: $ 581,400. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c. For acquiring, constructing, and improving recreational trails within the state: $ 1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Of the amount appropriated in this paragraph “c”, $500,000 shall be used for funding, on a matching basis, recreational trail projects, with priority given to completion of trail connec- tions and sections between existing trails and parks within the established state recreational trails system. Suchprojects shall bematchedby$1of private or other funds for each$3of state funds. 10. OFFICE OF TREASURER OF STATE For county fair infrastructure improvements for distribution in accordancewith chapter 174

to qualified fairs which belong to the association of Iowa fairs: $ 1,060,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

599 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 177

11. STATE BOARD OF REGENTS For non-fire-related restoration of the Old Capitol on the University of Iowa campus in Iowa

City, including but not limited to capital and other improvements related to exterior metal roofing, masonry repointing, and window replacement; electrical upgrades; asbestos abate- ment; elevator improvements; interior painting and lighting and exhibit displays; and site walkway and landscaping improvements:

$ 350,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. TAX-EXEMPT STATUS—USE OF APPROPRIATIONS. Payment of moneys from the

appropriations in this section shall bemade in amanner that does not adversely affect the tax- exempt status of any outstanding bonds issued by the tobacco settlement authority. 13. REVERSION. Notwithstanding section 8.33, moneys appropriated in this section shall

not revert at the closeof the fiscal year forwhich theywereappropriatedbut shall remain avail- able for the purposes designated until the close of the fiscal year that begins July 1, 2006, or until the project for which the appropriation was made is completed, whichever is earlier.

Sec. 23. DEPARTMENT OF CORRECTIONS — USE OF APPROPRIATIONS — REVER- SION. 1. There is appropriated from the tax-exempt bond proceeds restricted capital funds ac-

count of the tobacco settlement trust fund to the department of corrections for the fiscal period beginning July 1, 2003, and ending June 30, 2006, the following amounts, or so much thereof as is necessary, to be used for the purpose designated: For construction of a 170-bed facility at the Iowa medical and classification center at Oak-

dale: FY 2003-2004 $ 7,500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FY 2004-2005 $ 11,700,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FY 2005-2006 $ 11,700,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Payment ofmoneys from the appropriations in this section shall bemade in amanner that

doesnot adversely affect the tax-exempt status of anyoutstandingbonds issuedby the tobacco settlement authority. 3. Notwithstanding section 8.33, moneys appropriated in this section shall not revert at the

close of the fiscal year forwhich theywere appropriated, but shall remain available for thepur- pose designated until the close of the fiscal year that begins July 1, 2008, or until the project for which the appropriation was made is completed, whichever is earlier.

Sec. 24. PAYMENTS IN LIEU OF TUITION. There is appropriated from the tax-exempt bond proceeds restricted capital funds account of the tobacco settlement trust fund of the state to the state board of regents for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the followingamount, or somuch thereof asmaybenecessary, tobeused for thepurpose designated: For allocation by the state board of regents to the state university of Iowa, the Iowa state uni-

versity of science and technology, and the university of northern Iowa to reimburse the institu- tions for deficiencies in their operating funds resulting from the pledging of tuitions, student fees and charges, and institutional income to finance the cost of providing academic and ad- ministrative buildings and facilities and utility services at the institutions, notwithstanding section 12E.12, subsection 1, paragraph “b”, subparagraph (1):

$ 10,610,409. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sec. 25. TOBACCOMASTER SETTLEMENTAGREEMENTLITIGATIONFEES. There is appropriated from the tax-exempt bondproceeds restricted capital funds account of the tobac- co settlement trust fund to the treasurer of state for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amount, or somuch thereof as is necessary, to be used for the purpose designated: For payment of litigation fees incurred pursuant to the tobacco master settlement agree-

ment: $ 700,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

600LAWS OF THE EIGHTIETH G.A., 2003 SESSIONCH. 177

Sec. 26. IOWA COMMUNICATIONSNETWORKDEBT SERVICE. There is appropriated from the tax-exempt bond proceeds restricted capital funds account of the tobacco settlement trust fund to the treasurer of state for the fiscal year beginning July 1, 2003, and ending June 30, 2004, the following amount, or so much thereof as is necessary, to be used for the purpose designated: For debt service for the Iowa communications network, notwithstanding section 12E.12,

subsection 1, paragraph “b”, subparagraph (1): $ 13,039,378. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Funds appropriated in this section shall be deposited in a separate fund established in the office of the treasurer of state to be used solely for debt service for the Iowa communications network. The Iowa telecommunications and technology commission shall certify to the trea- surer of state when a debt service payment is due, and upon receipt of the certification, the treasurer shall make the payment. The commission shall pay any additional amount due from funds deposited in the Iowa communications network fund.

Sec. 27. PRISON DEBT SERVICE. There is appropriated from the tax-exempt bond pro- ceeds restricted capital funds account of the tobacco settlement trust fund to the treasurer of state for the fiscal yearbeginning July 1, 2003, andending June30, 2004, the followingamount, or so much thereof as is necessary, to be used for the purpose designated: For repayment of prison infrastructure bondsunder section 16.177, notwithstanding section

12E.12, subsection 1, paragraph “b”, subparagraph (1): $ 5,411,986. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DIVISION IV CAPITOL COMPLEX PARKING STRUCTURE

*Sec. 28. NEWSECTION. 18A.8 CAPITOLCOMPLEXPARKINGSTRUCTUREREVOLV- ING FUND. A capitol complex parking structure revolving fund is created in the state treasury. The capi-

tol complex parking structure revolving fund shall be administered by the department of gener- al services and shall consist of moneys collected by the department as parking fees, moneys appropriated to the fund by the general assembly, and any other moneys obtained or accepted by the department for deposit in the revolving fund. The proceeds of the revolving fund are ap- propriated to and shall be used by the department for costs associated with the management, operation, and maintenance of the capitol complex parking structure located at the intersec- tion of Pennsylvania andGrandavenues inDesMoines. The department shall submit an annu- al report not later than January 31 to the members of the general assembly and the legislative fiscal bureau, of the activities funded by and expendituresmade from the revolving fund during the preceding fiscal year. Section 8.33 does not apply to anymoneys in the revolving fund and, notwithstanding section 12C.7, subsection 2, earnings or interest on moneys deposited in the revolving fund shall be credited to the revolving fund.*

*Sec. 29. CAPITOL COMPLEX PARKING STRUCTURE MANAGEMENT — REQUEST FOR PROPOSALS. The department of general services, or any successor agency, shall issue a request for proposals for the management, operation, and maintenance of the state-owned parking structure located at the intersection of Pennsylvania and Grand avenues in Des Moines. The request for proposals shall include all of the following services: 1. The collection of parking fees and administration of parking permits. 2. Daily janitorial maintenance and necessary annual maintenance, pursuant to standards

outlined in the parking garage maintenance manual published by the parking consultants council of the national parking association. 3. Long-term structural maintenance. Awarding of a contract for the management, operation, and maintenance of the parking

structure is subject to approval by the general assembly.*

___________________

* Item veto; see message at end of the Act

601 LAWS OF THE EIGHTIETH G.A., 2003 SESSION CH. 177

*Sec. 30. CAPITOL COMPLEX PARKING STRUCTURE — PARKING FEES. The depart- ment of general services, or any successor agency, shall establish reasonable parking fees for the public and for state employees for the use of the state-owned parking structure located at the intersection of Pennsylvania and Grand avenues in Des Moines. Such fees shall be depos- ited in the capitol complex parking structure revolving fund created in section 18A.8, as en- acted by this Act.*

Approved May 30, 2003, with exceptions noted.

THOMAS J. VILSACK, Governor

Dear Mr. Secretary:

I hereby transmit SenateFile 452, anAct relating to andmakingappropriations to state depart- ments and agencies from the Rebuild Iowa Infrastructure Fund, Environment First Fund, and Tobacco Settlement Trust Fund, relating to the Capitol complex parking structure, and autho- rizing fees.

Senate File 452 is, approved on this date, with the following exceptions, which I hereby disap- prove.

I am unable to approve the items designated as Division IV, Sections 28, 29, and 30 in their entirety. These sections would require the establishment of a parking fee for the Capitol com- plex parking structure located at Pennsylvania andGrand avenues. Iowans should be encour- aged to participate in their democracy by parking free to visit their State Capitol and the state office buildings surrounding their State Capitol. Charging parking fees for the newly con- structed parking structure located at Pennsylvania and Grand Avenues operates as a hidden tax for the visitingpublic andwoulddiscourage some fromexercising their fundamental rights as citizens. Such a fee should not have been and will not be sanctioned or approved.

For the above reasons, I respectfully disapprove these items in accordance with Amendment IVof theAmendments of 1968 to theConstitutionof theState of Iowa. All other items inSenate File 452 are hereby approved as of this date.

Sincerely, THOMAS J. VILSACK, Governor

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* Item veto; see message at end of the Act