General Assembly: 79 (2002 Regular GA) - Chapter 1115 - Iowa cultural trust


Published: 2002-04-12

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

220LAWS OF THE SEVENTY−NINTH G.A., 2002 SESSIONCH. 1114

students above the costs of instruction of pupils in a regular curriculum, students identified as limited English proficient shall be assigned an additional weighting of twenty-two hun- dredths, and that weighting shall be included in the weighted enrollment of the school district of residence for a period not exceeding three years. However, the school budget review com- mittee may grant supplemental aid or modified allowable growth to a school district to contin- ue funding a program for students after the expiration of the three-year period. The school budget review committee shall calculate the additional amount for the weighting to the nearest one-hundredth of one percent so that to the extent possible the moneys generated by the weighting will be equivalent to the moneys generated by the two-tenths weighting provided prior to July 2, 1991.

Approved April 12, 2002

_________________________

CH. 1115CH. 1115

CHAPTER 1115

IOWA CULTURAL TRUST

H.F. 2571

AN ACT relating to the establishment of an Iowa cultural trust, an Iowa cultural trust fund, and an Iowa cultural trust grant account, providing for the issuance of trust fund credits, and providing for related matters.

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

Section 1.Section 303.1A, Code 2001, is amended by adding the following new subsection: NEW SUBSECTION.6.Administer the Iowa cultural trust as provided in chapter 303A and

do all of the following: a.Develop and adopt by rule criteria for the issuance of trust fund credits by measuring the

efforts of qualified organizations, as defined in section 303A.3, to increase their endowment or other resources for the promotion of the arts, history, or the sciences and humanities in Iowa. If the director determines that the organizations have increased the amount of their en- dowment and other resources, the director shall certify the amount of increase in the form of trust fund credits to the treasurer, who shall deposit in the Iowa cultural trust fund, from mon- eys received for purposes of the trust fund as provided in section 303A.4, subsection 2, an amount equal to the trust fund credits. If the amount of the trust fund credits issued by the director exceeds the amount of moneys available to be deposited in the trust fund as provided in section 303A.4, subsection 2, the outstanding trust fund credits shall not expire but shall be available to draw down additional moneys which become available to be deposited in the trust fund as provided in section 303A.4, subsection 2.

b.Develop and implement, in accordance with chapter 303A, a grant application process for grants issued to qualified organizations as defined in section 303A.3.

c.Develop and adopt by rule criteria for the approval of Iowa cultural trust grants. The crite- ria shall include, but shall not be limited to, the future stability and sustainability of a qualified organization.

d.Compile, in consultation with the Iowa arts council and the state historical society of Iowa, a list of grant applications recommended for funding in accordance with the amount available for distribution as provided in section 303A.6, subsection 3. The list of recommended grant applications shall be submitted to the Iowa cultural trust board of trustees for approval.

221 LAWS OF THE SEVENTY−NINTH G.A., 2002 SESSION CH. 1115

e.Monitor the allocation and use of grant moneys by qualified organizations to determine whether moneys are used in accordance with the provisions of this subsection and chapter 303A. The director shall annually submit the director’s findings and recommendations in a report to the Iowa cultural trust board of trustees prior to final board action in approving grants for the next succeeding fiscal year.

Sec. 2.NEW SECTION.303A.1SHORT TITLE. This chapter shall be known and may be cited as the Iowa Cultural Trust Act".

Sec. 3.NEW SECTION.303A.2LEGISLATIVE FINDINGS. The general assembly finds and declares that cultural organizations generate millions of

dollars in economic activity in Iowa; attract people to live and work in Iowa’s communities, contribute to a revitalization of those communities; are a magnet for tourists; train minds for the creative economy jobs of the future; and build social capital. However, these organizations are often undercapitalized. Therefore, to bring financial stability to these organizations through fluctuating economic conditions, it is the intent of the general assembly that a public trust be established the income from which may be made available to supplement the operat- ing budgets of nonprofit cultural organizations that meet certain criteria, including a commit- ment to strategies to attain long-term financial stability and sustainability. It is further the in- tent of the general assembly that income from the public trust may be used initially for a statewide educational program to assist cultural organizations in endowment development.

Sec. 4.NEW SECTION.303A.3DEFINITIONS.

For purposes of this chapter, unless the context otherwise requires:

1.Board" means the board of trustees of the Iowa cultural trust created in section 303A.5.

2.Department" means the department of cultural affairs created in section 303.1.

3.Director" means the director of the department of cultural affairs.

4.Grant account" means the Iowa cultural trust grant account created in section 303A.7.

5.Qualified organization" means a tax-exempt, nonprofit organization whose primary mission is to promote the arts, history, or the sciences and humanities in Iowa.

6.Trust fund" means the Iowa cultural trust fund created in section 303A.4.

Sec. 5.NEW SECTION.303A.4IOWA CULTURAL TRUST AND TRUST FUND. 1.The Iowa cultural trust is created as a public body corporate organized for the purposes,

with the powers, and subject to the restrictions, set forth in this chapter. 2.An Iowa cultural trust fund is created in the office of the treasurer of state for the purpose

of receiving moneys appropriated by the general assembly and any other moneys available to the trust fund due to the issuance of trust fund credits by the director as provided in section 303.1A, subsection 6.

3.The trust fund may also receive any devise, gift, bequest, donation, or federal or other grant from any person, firm, partnership, or corporation. Any assets received by the trust fund from federal or private sources shall at all times be preserved, invested, and expended solely for the purposes of the trust fund and shall be held in trust as provided for in this section. No property rights in the assets received by the trust fund from federal or private sources shall exist in favor of the state.

4.The treasurer of state shall act as custodian of the fund, shall invest moneys in the trust fund, and shall transfer the interest attributable to the investment of trust fund moneys to the grant account created in section 303A.7. The trust fund’s principal shall not be used or ac- cessed by the department or the board for any purpose.

5.Notwithstanding section 8.33, moneys remaining in the trust fund at the end of the fiscal year shall be retained in the trust fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on investments or time deposits of the moneys in the trust fund shall be credited to the trust fund.

222LAWS OF THE SEVENTY−NINTH G.A., 2002 SESSIONCH. 1115

Sec. 6.NEW SECTION.303A.5BOARD OF TRUSTEES. 1.A board of trustees of the Iowa cultural trust is created. The general responsibility for the

proper operation of the trust is vested in the board of trustees, which shall consist of thirteen members as follows:

a.Nine public members, five of whom shall be appointed by the governor, subject to con- firmation by the senate. The majority leader of the senate, the minority leader of the senate, the speaker of the house, and the minority leader of the house of representatives shall each appoint one public member. A public member of the board appointed in accordance with this section shall not also serve concurrently as a member of the state historical society board of trustees or the Iowa state arts council.

b.Four ex officio, nonvoting members, consisting of the treasurer of state or the treasurer’s designee, the director of the department of cultural affairs or the director’s designee, the chair- person of the state historical society board of trustees elected pursuant to section 303.6, and the chairperson of the Iowa state arts council designated pursuant to section 303.86.

2.Members appointed by the general assembly shall be appointed to two-year terms. The public members appointed by the governor shall serve five-year staggered terms beginning and ending as provided in section 69.19. Vacancies on the board shall be filled for the unex- pired portion of the term in the same manner as the original appointments.

3.Members appointed by the governor are subject to the requirements of sections 69.16, 69.16A, and 69.19.

4.Public members shall serve without compensation, but shall be reimbursed for all actual and necessary expenses they incur through service on the board.

5.The board shall elect a chairperson and vice chairperson from among its membership. The board shall meet at the call of its chairperson or upon written request of a majority of its voting members. Five voting members constitute a quorum. The concurrence of a majority of the voting members of a board is required to take any action relating to its duties.

6.The board shall be located for administrative purposes within the department. The de- partment, subject to approval by the board, shall adopt administrative rules pursuant to chap- ter 17A necessary to administer the income derived from the Iowa cultural trust fund and to perform specific powers and duties as provided in section 303A.6. The director shall budget funds to pay the expenses of the board and administer this chapter.

Sec. 7.NEW SECTION.303A.6BOARD OF TRUSTEES  POWERS AND DUTIES. The board shall do any or all of the following: 1.Enter into agreements with any qualified organization, the state, or any federal or other

state agency, or other entity as required to administer this chapter. 2.Approve or disapprove the grants recommended for approval by the director, in consulta-

tion with the Iowa arts council and the state historical society of Iowa, in accordance with sec- tion 303.1A, subsection 6, paragraph c". The board may delete any recommendation, but shall not add to or otherwise amend the list of recommended grants.

3.Upon approving a grant, the board shall certify to the treasurer of state the amount of fi- nancial assistance payable from the trust account to the qualified organization whose grant application is approved.

4.Determine, in consultation with the treasurer of state, the amount of investment income attributable to the trust fund that will be available for distribution as grants to qualified organi- zations.

5.Accept any devise, gift, bequest, donation, or federal or other grant from any person, firm, partnership, or corporation, which the treasurer of state shall deposit into the trust fund.

Sec. 8.NEW SECTION.303A.7IOWA CULTURAL TRUST ACCOUNT. 1.An Iowa cultural trust grant account is created in the office of the treasurer2 under the

control of the board to receive interest attributable to the investment of trust fund moneys as required by section 303A.4, subsection 4. The moneys in the grant account are appropriated to the board for purposes of the Iowa cultural trust created in section 303A.4. Moneys in the

___________________

2See chapter 1175, §82 herein

223 LAWS OF THE SEVENTY−NINTH G.A., 2002 SESSION CH. 1116

grant account shall not be subject to appropriation for any other purpose by the general assem- bly, but shall be used only for the purposes of the Iowa cultural trust. The treasurer of state shall act as custodian of the grant account and disburse moneys contained in the grant account as directed by the board. The board shall make expenditures from the grant account consis- tent with the purposes of the Iowa cultural trust.

2.Moneys in the grant account are not subject to section 8.33. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the grant account shall be credited to the grant account.

3.For the fiscal period beginning July 1, 2003, and ending June 30, 2005, the board may use moneys in the grant account for a statewide educational program to promote participation in, expanded support of, and local endowment building for, Iowa nonprofit arts, history, and sciences and humanities organizations.

Sec. 9.INITIAL APPOINTMENTS.The governor’s initial public appointments to the board of trustees of the Iowa cultural trust created in section 303A.5, as enacted in this Act, shall be made as follows:

1.One member to a one-year term. 2.Two members to three-year terms. 3.Two members to five-year terms.

Approved April 12, 2002

_________________________

CH. 1116CH. 1116

CHAPTER 1116

LIMITATIONS ON PROSECUTIONS OF CRIMINAL ACTIONS  PERSONS ABSENT FROM STATE

S.F. 2034

AN ACT relating to the filing of a criminal indictment or trial information against a person who is not present in the state.

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

Section 1.Section 802.6, subsection 1, Code 2001, is amended to read as follows: 1.When a person leaves the state with the intention of avoiding prosecution, the indictment

or prosecution information may be found or commenced within the time herein limited after the person’s coming into the state, and no period during which the party charged was not pub- licly resident within the state is a part of the limitation.

Approved April 22, 2002