General Assembly: 76 (1995 Regular GA) - Chapter 173 - Arts and cultural enhancement and endowment


Published: 1995-05-04

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CH. 172 lAWS OF THE SEVENTY-SIXTH GA., 1995 SESSION 408

periods of application least harmful to living beings, &Bd adapt niles ta implement these pFavisiaas. The rules shall provide that a commercial or public applicator must provide notice only if an occupant requests that the commercial or public applicator provide the occupant notice in a timely manner prior to the application. The request shall include the name and address of the occupant. a telephone number of a location where the occupant may be contacted during normal business hours and evening hours. and the address of each property that adjoins the occupant's property. The notification shall expire on De- cember 31 of each year. or the date when the occupant no longer occupies the property. whichever is earlier. Municipalities shall cooperate with the department by reporting in- fractions and in implementing this subsection.

Sec. 4. Section 206.22, subsection 4, Code 1995, is amended by striking the subsec- tion.

Sec. 5. REPEAL. Chapter 206A, Code 1995, is repealed.

Approved May 4, 1995

CHAPTER173 ARTS AND CULTURAL ENHANCEMENT AND ENDOWMENT

S.F. 390

AN ACT relating to recompense to a cooperating teacher and to the Iowa arts and cultural enhancement and endowment program and foundation.

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

Section 1. Section 262.75, Code 1995, is amended by adding the following new un- numbered paragraph:

NEW UNNUMBERED PARAGRAPH. In lieu of the payment of monetary recompense to a cooperating teacher, the cooperating teacher may direct that the monetary recom- pense be paid by the institution directly into a scholarship fund which has been estab- lished jointly by the board of directors of the school district that employs the teacher and the local teachers' association. In such cases, the cooperating teacher shall receive neither monetary recompense nor any reduction in tuition at the institution.

Sec. 2. Section 303C.4, unnumbered paragraph 1, Code 1995, is amended to read as follows:

Enhancement account funds shall be available, upon certification by the department ef the availability af matehing fimds fFam private saUFees, ta BaBpFafit aFgalli-zatiaas faF the pl:H'j)ases af edueatiaa, aHtFeae&, aad eBhaaeemeBt that the applicant has secured nonstate matching funds at least equal to the amount of the grant award. An aFg&nizsatiaa pFapasiBg a pFagFam mHSt &ave a•+"ailable fimds fFam private saurees iB aFEieF ta Feeeiv~ aa equal amauBt af publie fimds eaataiBed iB the eBhaaeemeBt aeeel:Hlt. The department shall con- sider the recommendations of the caucus on arts and cultural enhancement made pursu- ant to section 303C.6, and the recommendations of the advisory council created in section 303C.5, and shall adopt rules pursuant to chapter 17A governing the distribution of funds to organizations. Proposed programs shall do at least one of the following:

Sec. 3. Section 303C.5, Code 1995, is amended to read as follows: 303C.5 BLOCK GRANTS PROVIDED TO QUALIFIED ORGANIZATIONS.

409 lAWS OF THE SEVENlY-SIXTH GA, 1995 SESSION CH. 173

-h Enhancement account funds shall be available fer distriblltiaa ta Ef\lalified arga~a tieRs for the purposes of enhancing the quality of local arts and cultural programs. Ia arder ta Ef\lalify far a blael£ grant, an aFga~at:iaa BUist re~reseat at least se>;eaty ~ereeat af its defined membersiH~. The department shall adopt rules pursuant to chapter 17 A governing the eligibilitv for, and the distribution of~ block grants. The rules adopted shall include, but are not limited to. requirements that eligible organizations have adequate by- laws. mission statements. representational board structure. and publicly accessible arts programming.

a: An advisary eaUBeil eaasisting af arganii!atiaas fUBded by tbe Ele~artmeat ~ars\:laat ta tiHs seetiaa, and re~reseataffi<es af the Iawa assembly fer laeal arts ageaeies, la'+va alliaaee fer arts edaeatiaa, la•Na arts eaalitiaa, tbe Iawa mliSeam assaeiat:iaa, tbe eh~er sea af tbe statevride eatle\15, the Ele~artmeat af edlleat:iaa, and tbe Iawa hllmaaities beard is established. The ad>lisary eai:Hleil shall re>rie>N and ad>rise the Ele~artmeat regarding tbe a>Nardiag af fUBds ~liFsaaat ta seetiaa 3Q3C. 4.

Sec. 4. NEW SECTION. 303C.5A ADVISORY COUNCIL. 1. An advisory council is established to advise the department regarding the awarding

of funds pursuant to section 303C.4. The advisory council shall consist of seven members selected as follows:

a. The person elected as chairperson of the statewide cultural caucus pursuant to sec- tion 303C.6, subsection 2.

b. The chairperson of the Iowa humanities board. c. The chairperson of the Iowa arts council. d. Four members appointed by the director of the department of cultural affairs, two of

whom shall be representatives of statewide arts organizations. 2. The majority shall not include any member who has a conflict of interest and a

statement by a member of a conflict of interest shall be conclusive for this purpose. 3. The term of office for the member selected pursuant to subsection 1, paragraph "a",

is one year. The term of office for members selected pursuant to subsection 1, paragraphs "b" through "d", is three years. Terms shall be staggered and shall commence and end as provided in section 69.19. A vacancy shall be filled by the original appointing authority.

4. The advisory council shall be bipartisan and gender balanced in accordance with sections 69.16 and 69.16A

Sec. 5. Section 303C.6, subsection 2, unnumbered paragraph 1, Code 1995, is amended to read as follows:

Biennially, in the month of June during odd-numbered years, the department shall con- vene a statewide caucus on arts and cultural enhancement. The eaaeas shall be held fer aae day Elllriag the maath af Jtme in tbe ~ital eam~lex, Des Memes.

Sec. 6. Section 303C.6, subsection 2, paragraph a, Code 1995, is amended to read as follows:

a. Prior to a the statewide caucus, the department shall make arrangements to hold a conference in each of six regions of the state as defined by the Iowa arts council. The department shall promote attendance of interested persons at each conference. A desig- nee of the department shall call each conference to order and serve as temporary chair- person until persons attending elect a chairperson. The department shall provide persons attending with current information regarding cultural enhancement programs and expen- ditures. Persons attending shall identify opportunities for programs in the areas of educa- tion, outreach, and enhancement and review recommended changes in enhancement ac- count policies, programs, and funding, and make recommendations in the form of a reso- lution. The persons attending eaeh the conference shall elect six persons from among the attendees to serve as regional. voting delegates to the statewide caucus, and aae ~ersaa ta setve as. The conference attendees shall elect a chairperson af the regiaa from among the

CH. 173 lAWS OF THE SEVENTY-SIXTH GA., 1995 SESSION 410

six representatives. The selection of persons at each conference to serve as regional. vot- ing delegates to the statewide caucus shall conform to the gender balance requirements of section 69.16A Other interested persons may attend the statewide caucus as nonvoting attendees.

Sec. 7. Section 303C.6, subsection 3, Code 1995, is amended by striking the subsec- tion.

Sec. 8. Section 303C.7, Code 1995, is amended by striking the section and inserting in lieu thereof the following:

303C.7 ARTS AND CULTURAL ENDOWMENT PROGRAM ESTABUSHED. The arts and cultural endowment program is established. The program shall be admin-

istered by the arts and cultural endowment foundation governing board established in section 303C.8, which shall adopt rules pursuant to chapter 17 A to fulfill the purposes of this section. Interest on the funds in the endowment account established in section 303C.2, subsection 2, is available for the purposes of this section. The endowment foundation shall establish criteria for the awarding of grants, fellowships, and scholarships to nonprofes- sional, professional, and student artists to develop, encourage, and enhance the arts and cultural programs in the state, upon submission of a proposal by the artist. An artist shall request no more than twenty-five thousand dollars in a proposal.

Sec. 9. NEW SECTION. 303C.8 ARTS AND CULTURAL ENDOWMENT FOUNDA- TION - GOVERNING BOARD- ESTABUSHED.

1. The arts and cultural endowment foundation is established and shall be adminis- tered by a governing board consisting of seven members, three of whom shall be appointed by the Iowa humanities board and four of whom shall be appointed by the director of the department. Members shall be knowledgeable about education, arts, the humanities, and fund-raising activities in this state. A vacancy shall be filled by the original appointing authority. Members shall serve three-year staggered terms which shall commence and end as provided in section 69.19. The governing board shall be bipartisan and gender balanced in accordance with sections 69.16 and 69.16A

2. The Iowa arts council shall provide administrative services for the arts and cultural endowment foundation and shall advise and assist the governing board. The exercise of the powers granted to the endowment foundation in this chapter is an essential govern- mental function. The endowment foundation shall be located in the department's offices.

3. The endowment foundation may solicit and accept gifts, grants, donations, bequests, and in-kind contributions for deposit in the endowment account. The endowment founda- tion shall, to the extent possible, use gifts, donations, and bequests in accordance with the expressed desires of the person making the gift, donation, or bequest.

Sec. 10. TRANSITION. The terms of members serving on the advisory council abol- ished by this Act shall expire June 30, 1995. Members of the initial advisory council estab- lished pursuant to section 4 of this Act shall be appointed not later than July 1, 1995. Notwithstanding section 4 of this Act, two members appointed to the initial advisory coun- cil established under this Act shall serve terms ending April30, 1996; two members shall serve terms ending April 30, 1997; and two members shall serve terms ending April 30, 1998. The person elected as chairperson of the statewide cultural caucus pursuant to sec- tion 303C.6, subsection 2, shall serve a term ending April30, 1996.

Sec. 11. INITIAL GOVERNING BOARD. Members of the initial governing board es- tablished pursuant to section 9 of this Act shall be appointed not later than July 1, 1995. Notwithstanding section 9 of this Act, one member appointed by the Iowa humanities board and one member appointed by the department to the initial governing board estab- lished under section 9 of this Act shall each serve terms ending April30, 1996; one member

411 lAWS OF THE SEVENlY-SIXTH GA, 1995 SESSION CH. 174

appointed by the Iowa humanities board and one member appointed by the department shall each serve terms ending April 30, 1997; and one member appointed by the Iowa humanities board and two members appointed by the department shall each serve terms ending April30, 1998.

Approved May 4, 1995

CHAPTER 174 SALES TAX EXEMPTION- PlANT PRODUCTION

H.F. 159

AN ACT relating to the production of ornamental, flowering, or vegetable plants for purposes of the state sales tax.

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

Section 1. Section 422.42, Code 1995, is amended by adding the following new sub- sections and renumbering current subsections as necessary:

NEW SUBSECTION. 1. "Agricultural production" includes the production of flower- ing, ornamental, or vegetable plants in commercial greenhouses or otherwise. "Agricul- tural products" include flowering, ornamental, or vegetable plants.

NEW SUBSECTION. 2A "Farm machinery and equipment" means machinery and equipment used in agricultural production.

Sec. 2. Section 422.42, subsection 11, Code 1995, is amended to read as follows: 11. "Retail sale" or "sale at retail" means the sale to a consumer or to any person for any

purpose, other than for processing, for resale of tangible personal property or taxable services, or for resale of tangible personal property in connection with taxable services; and includes the sale of gas, electricity, water, and communication service to retail con- sumers or users; but does not include agricultural breeding livestock and domesticated fowl; and does not include commercial fertilizer, agricultural limestone, herbicide, pesti- cide, insecticide, food, medication, or agricultural drain tile, including installation of agri- cultural drain tile, any of which are to be used in disease control, weed control, insect control, or health promotion of plants or livestock produced as part of agricultural produc- tion for market; and does not include electricity, steam, or any taxable service when pur- chased and used in the processing of tangible personal property intended to be sold ulti- mately at retail. When used by a manufacturer of food products, carbon dioxide in a liquid, solid, or gaseous form, electricity, steam, and other taxable services are sold for process- ing when used to produce marketable food products for human consumption, including but not limited to, treatment of material to change its form, context, or condition, in order to produce the food product, maintenance of quality or integrity of the food product, chang- ing or maintenance of temperature levels necessary to avoid spoilage or to hold the food product in marketable condition, maintenance of environmental conditions necessary for the safe or efficient use of machinery and material used to produce the food product, sanitation and quality control activities, formation of packaging, placement into shipping containers, and movement of the material or food product until shipment from the build- ing of manufacture. Tangible personal property is sold for processing within the meaning of this subsection only when it is intended that the property will, by means of fabrication, compounding, manufacturing, or germination become an integral part of other tangible personal property intended to be sold ultimately at retail; or will be consumed as fuel in