Bill Text: IA HF542 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the acquisition of land by certain governmental entities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-04 - Subcommittee Meeting: 03/04/2019 10:30AM RM 103, Sup. Ct. Chamber. [HF542 Detail]

Download: Iowa-2019-HF542-Introduced.html
House File 542 - Introduced HOUSE FILE 542 BY SIECK A BILL FOR An Act relating to the acquisition of land by certain 1 governmental entities. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2593YH (6) 88 js/rn
H.F. 542 Section 1. Section 2.48, subsection 3, paragraph e, 1 subparagraph (6), Code 2019, is amended by striking the 2 subparagraph. 3 Sec. 2. Section 7A.30, Code 2019, is amended to read as 4 follows: 5 7A.30 Inventory of state property. 6 1. Each state board, commission, department, and division 7 of state government and each institution under the control 8 of the department of human services, the Iowa department of 9 corrections , and the state board of regents and each division 10 of the state department of transportation are responsible for 11 keeping a written, detailed, up-to-date inventory of all real 12 and personal property belonging to the state and under their 13 charge, control, and management. The inventory of real and 14 personal property must be updated at least every two years 15 and accessible online to the public. The inventories shall 16 be in the form prescribed by the director of the department 17 of administrative services and at a minimum shall include 18 the specific location, size, current use, and the amount of 19 property taxes or payments in lieu of property taxes paid to 20 local governments . 21 2. Inventories maintained in the files of each such agency 22 of state government shall be open to public inspection and 23 available for the information of the executive council and 24 director of the department of administrative services. 25 Sec. 3. Section 161A.80A, subsections 2 and 3, Code 2019, 26 are amended to read as follows: 27 2. A blufflands protection revolving fund is created in 28 the state treasury. All proceeds shall be divided into two 29 equal accounts. One account shall be used for the purchase 30 of blufflands along the Mississippi river and its tributaries 31 and the other account shall be used for the purchase of 32 blufflands along the Missouri river and its tributaries. 33 The proceeds of the revolving fund are appropriated to make 34 loans to conservation organizations which agree to purchase 35 -1- LSB 2593YH (6) 88 js/rn 1/ 12
H.F. 542 bluffland properties adjacent to state public lands. The 1 department of agriculture and land stewardship, in conjunction 2 with the department of natural resources, shall adopt rules 3 pursuant to chapter 17A to administer the disbursement of 4 funds. Notwithstanding section 12C.7 , interest or earnings on 5 investments made pursuant to this section or as provided in 6 section 12B.10 shall be credited to the blufflands protection 7 revolving fund. Notwithstanding section 8.33 , unobligated 8 or unencumbered funds credited to the blufflands protection 9 revolving fund shall not revert at the close of a fiscal year. 10 However, the maximum balance in the blufflands protection 11 revolving fund shall not exceed two million five hundred 12 thousand dollars. Any funds in excess of two million five 13 hundred thousand dollars shall be credited to the rebuild Iowa 14 infrastructure fund. No loan shall be made under this section 15 on or after July 1, 2025 2019 . 16 3. This section is repealed on July 1, 2030 2024 . 17 Sec. 4. Section 161A.80B, Code 2019, is amended to read as 18 follows: 19 161A.80B Outstanding bluffland protection loans. 20 1. The principal and interest from any loan made pursuant 21 to section 161A.80A , as enacted in 2015 Iowa Acts, ch 132, 22 §45 , remaining outstanding on July 1, 2025 2019 , that would 23 have been payable to the blufflands protection revolving fund 24 created in section 161A.80A , shall instead be paid to the 25 division on or after July 1, 2025 2019 , pursuant to the terms 26 of the loan agreement. The moneys paid to the division shall 27 be credited to the rebuild Iowa infrastructure fund created in 28 section 8.57 . 29 2. This section is repealed on July 1, 2030 2024 . 30 Sec. 5. Section 350.1, Code 2019, is amended to read as 31 follows: 32 350.1 Purposes. 33 The purposes of this chapter are to create a county 34 conservation board and to authorize counties to acquire, 35 -2- LSB 2593YH (6) 88 js/rn 2/ 12
H.F. 542 develop preserve , maintain, and make available to the 1 inhabitants of the county, currently owned public museums, 2 parks, preserves, parkways, playgrounds, recreational centers, 3 county forests, wildlife and other conservation areas, and to 4 promote and preserve the health and general welfare of the 5 people, to encourage the orderly development and conservation 6 of natural resources, and to cultivate good citizenship by 7 providing adequate programs of public recreation. 8 Sec. 6. Section 350.4, unnumbered paragraph 1, Code 2019, 9 is amended to read as follows: 10 The county conservation board shall have the custody, 11 control , and management of all real and personal property 12 heretofore or hereafter acquired by the county for public 13 museums, parks, preserves, parkways, playgrounds, recreation 14 centers, county forests, county wildlife areas, and other 15 county conservation and recreation purposes and is authorized 16 and empowered: 17 Sec. 7. Section 350.4, subsections 2 and 5, Code 2019, are 18 amended to read as follows: 19 2. To acquire in the name of the county by gift , purchase, 20 lease, agreement, or exchange, or otherwise, in fee or with 21 conditions, suitable real estate within or without the 22 territorial limits of the county for public museums, parks, 23 preserves, parkways, playgrounds, recreation centers, forests, 24 wildlife, and other conservation purposes and for participation 25 in watershed, drainage, and flood control programs for the 26 purpose of increasing the recreational resources of the 27 county. The natural resource commission, the county board of 28 supervisors, or the governing body of any city, upon request 29 of the county conservation board, may transfer to the county 30 conservation board for use as museums, parks, preserves, 31 parkways, playgrounds, recreation centers, play fields, tennis 32 courts, skating rinks, swimming pools, gymnasiums, rooms for 33 arts and crafts, camps and meeting places, community forests, 34 wildlife areas, and other recreational purposes, any land and 35 -3- LSB 2593YH (6) 88 js/rn 3/ 12
H.F. 542 buildings owned or controlled by the department of natural 1 resources or the county or city and not devoted or dedicated to 2 any other inconsistent public use. In acquiring or accepting 3 land, due consideration shall be given to its scenic, historic, 4 archaeologic, recreational, or other special features, and 5 land shall not be acquired or accepted unless, in the opinion 6 of the board, it is suitable or, in the case of exchange, is 7 suitable and of substantially the same value as the property 8 exchanged from the standpoint of its proposed use. An exchange 9 of property approved by the county conservation board and 10 the board of supervisors is not subject to section 331.361, 11 subsection 2 . 12 5. To accept in the name of the county gifts, bequests, 13 contributions , and appropriations of money and other personal 14 property for conservation purposes. Donated land shall only be 15 accepted if an accompanying monetary donation is made to cover 16 the estimated cost of maintaining the land for ten years. 17 Sec. 8. Section 350.6, subsection 1, Code 2019, is amended 18 to read as follows: 19 1. Upon request of the county conservation board, the 20 board of supervisors shall establish a reserve for county 21 conservation land acquisition and capital improvement projects. 22 The board of supervisors may periodically credit an amount of 23 money to the reserve. Moneys credited to the reserve shall 24 remain in the reserve until expended for the projects upon 25 warrants requisitioned by the county conservation board. The 26 interest earned on moneys received from bequests and donations 27 in the reserve account which are invested pursuant to section 28 12C.1 shall be credited to the reserve account. 29 Sec. 9. Section 422.33, subsection 25, Code 2019, is amended 30 by striking the subsection. 31 Sec. 10. Section 452A.79A, subsection 2, Code 2019, is 32 amended to read as follows: 33 2. Moneys in the marine fuel tax fund are appropriated to 34 the department of natural resources for use by the department 35 -4- LSB 2593YH (6) 88 js/rn 4/ 12
H.F. 542 in its recreational boating program, which may include but is 1 not limited to any of the following: 2 a. Dredging and renovation of lakes of this state. 3 b. Acquisition, development, Development and maintenance of 4 access to public boating waters. 5 c. Development and maintenance of boating facilities and 6 navigation aids. 7 d. Administration, operation, and maintenance of 8 recreational boating activities of the department of natural 9 resources. 10 e. Acquisition, development, Development and maintenance of 11 recreation facilities associated with recreational boating. 12 Sec. 11. Section 455A.19, subsection 1, paragraph a, 13 subparagraph (1), Code 2019, is amended to read as follows: 14 (1) Twenty-eight percent shall be allocated to the open 15 spaces account. At least ten percent of the allocations to 16 the account shall be made available to match private funds for 17 open space projects on the cost-share basis of not less than 18 twenty-five percent private funds pursuant to the rules adopted 19 by the natural resource commission. Five percent of the funds 20 allocated to the open spaces account shall be used to fund the 21 protected waters program. This account shall be used by the 22 department to implement the statewide open space acquisition, 23 protection , and development programs. 24 Sec. 12. Section 455A.19, subsection 1, paragraph a, 25 subparagraph (2), unnumbered paragraph 1, Code 2019, is amended 26 to read as follows: 27 The department shall give priority to acquisition and 28 control maintenance and enhancement of open spaces of statewide 29 significance. The department shall also use these funds for 30 developments on currently owned state property. The total 31 cost of an open spaces project funded under this paragraph “a” 32 shall not exceed two million dollars unless a public hearing 33 is held on the project in the area of the state affected by the 34 project. However, on and after July 1, 1994, the following 35 -5- LSB 2593YH (6) 88 js/rn 5/ 12
H.F. 542 shall apply: 1 Sec. 13. Section 455A.19, subsection 1, paragraph b, 2 subparagraph (4), Code 2019, is amended to read as follows: 3 (4) Funds allocated to the counties under subparagraphs 4 (1), (2), and (3) may be used for land easements or 5 acquisitions, capital improvements, stabilization and 6 protection of resources, repair and upgrading of facilities, 7 environmental education, and equipment. However, expenditures 8 are not allowed for single or multipurpose athletic fields, 9 baseball or softball diamonds, tennis courts, golf courses, 10 swimming pools, and other group or organized sport facilities. 11 Funds may be used for county projects located within the 12 boundaries of a city. 13 Sec. 14. Section 455A.19, subsection 1, paragraphs d and e, 14 Code 2019, are amended to read as follows: 15 d. Fifteen percent shall be allocated to a cities’ parks 16 and open space account. The moneys allocated in this paragraph 17 may be used to fund competitive grants to cities to acquire, 18 establish, and maintain and enhance natural parks, preserves, 19 and open spaces. The grants may include expenditures for 20 multipurpose trails, restroom facilities, shelter houses, and 21 picnic facilities, but expenditures for single or multipurpose 22 athletic fields, baseball or softball diamonds, tennis courts, 23 golf courses, swimming pools, and other group or organized 24 sport facilities requiring specialized equipment are excluded. 25 The grants may be used for city projects located outside of 26 a city’s boundaries. The natural resource commission, by 27 rule, shall establish procedures for application, review, 28 and selection of city projects on a competitive basis. The 29 rules shall provide for three categories of cities based on 30 population within which the cities shall compete for grants. 31 There is appropriated from the cities’ parks and open space 32 account to the department the amount in that account, or so 33 much thereof as is necessary, to carry out the competitive 34 grant program as provided in this paragraph. 35 -6- LSB 2593YH (6) 88 js/rn 6/ 12
H.F. 542 e. Nine percent shall be allocated to the state land 1 management account. The department shall use the moneys 2 allocated to this account for maintenance and expansion 3 enhancement of state lands and related facilities under 4 its jurisdiction. The authority to expand state lands and 5 facilities under this paragraph is limited to expansion of the 6 state lands and facilities already owned by the state. There 7 is appropriated from the state land management account to the 8 department the moneys in that account, or so much thereof as is 9 necessary, to implement a maintenance and expansion enhancement 10 program for state lands and related facilities under the 11 jurisdiction of the department. 12 Sec. 15. Section 455B.291, subsection 9, paragraph a, Code 13 2019, is amended to read as follows: 14 a. In the context of water pollution control facilities, 15 the acquisition, construction, reconstruction, extension, 16 equipping, improvement, or rehabilitation of any works and 17 facilities useful for the collection, treatment, and disposal 18 of sewage and industrial waste in a sanitary manner including 19 treatment works as defined in section 212 of the Clean Water 20 Act, or the implementation and development of management 21 programs established under sections 319 and 320 of the Clean 22 Water Act, including construction and undertaking of nonpoint 23 source water pollution control projects and related development 24 activities authorized under those sections. However, on and 25 after July 1, 2019, nonpoint source water pollution control 26 projects shall not include the acquisition of real property 27 for future donation or sale to a political subdivision, the 28 department, or federal government. 29 Sec. 16. Section 455B.295, subsection 2, Code 2019, is 30 amended to read as follows: 31 2. Each of the revolving loan funds shall include sums 32 appropriated to the revolving loan funds by the general 33 assembly, sums transferred by action of the governor under 34 section 455B.296, subsection 3 , sums allocated to the state 35 -7- LSB 2593YH (6) 88 js/rn 7/ 12
H.F. 542 expressly for the purposes of establishing each of the 1 revolving loan funds under the Clean Water Act and the Safe 2 Drinking Water Act, all receipts by the revolving loan funds, 3 and any other sums designated for deposit to the revolving 4 loan funds from any public or private source. All moneys 5 appropriated to and deposited in the revolving loan funds 6 are appropriated and shall be used for the sole purpose of 7 making loans to eligible entities to finance all or part of the 8 cost of projects, including sponsor projects under the water 9 resource restoration sponsor program established in section 10 455B.199 . The moneys appropriated to and deposited in the 11 water pollution control works revolving loan fund shall not 12 be used to pay the nonfederal share of the cost of projects 13 receiving grants under the Clean Water Act. Land purchased 14 by a private entity with the assistance of revolving loan 15 funds shall not be acquired by a political subdivision or the 16 department after July 1, 2019. The moneys in the revolving 17 loan funds are not considered part of the general fund of 18 the state, are not subject to appropriation for any other 19 purpose by the general assembly, and in determining a general 20 fund balance shall not be included in the general fund of the 21 state but shall remain in the revolving loan funds to be used 22 for their respective purposes. The revolving loan funds are 23 separate dedicated funds under the administration and control 24 of the authority and subject to section 16.31 . Moneys on 25 deposit in the revolving loan funds shall be invested by the 26 treasurer of state in cooperation with the authority, and the 27 income from the investments shall be credited to and deposited 28 in the appropriate revolving loan funds. 29 Sec. 17. Section 456A.16, subsection 2, Code 2019, is 30 amended to read as follows: 31 2. The revenues received shall be used within the state 32 of Iowa for habitat development and shall be deposited in the 33 state fish and game protection fund. The revenue may be used 34 for the matching of federal funds. The revenues and matched 35 -8- LSB 2593YH (6) 88 js/rn 8/ 12
H.F. 542 federal funds may be used for acquisition of land, leasing of 1 land, or obtaining of easements from willing sellers for use 2 of land as enhancement, restoration, operation, or maintenance 3 of currently owned wildlife habitats for game and nongame 4 species. Not less than fifty percent of the funds derived from 5 the checkoff shall be used for the purposes of preserving, 6 protecting, perpetuating, and enhancing nongame wildlife in 7 this state. Nongame wildlife includes those animal species 8 which are endangered, threatened, or not commonly pursued 9 or killed either for sport or profit. Notwithstanding the 10 exemption in section 427.1 , the land acquired with the revenues 11 and matched federal funds is subject to the full consolidated 12 levy of property taxes which shall be paid from those revenues. 13 In addition, the revenues may be used for the development 14 preservation and enhancement of wildlife lands and habitat 15 areas and for research and management necessary to qualify for 16 federal funds. 17 Sec. 18. Section 456A.17, Code 2019, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 9. Notwithstanding any other provision 20 of law to the contrary, the revenues accrued or held by the 21 funds established in this section shall not be expended for the 22 purpose of land acquisition. 23 Sec. 19. Section 456A.19, subsection 1, unnumbered 24 paragraph 1, Code 2019, is amended to read as follows: 25 All funds accruing to the fish and game protection fund, 26 except an equitable portion of the administration fund, shall 27 be expended solely in carrying on fish and wildlife activities 28 limited to regulation, law enforcement, programs, salaries, 29 support, maintenance, and equipment in support thereof . 30 Expenditures incurred by the department in carrying on the 31 activities shall be only on authorization by the general 32 assembly. 33 Sec. 20. Section 456A.24, subsection 2, unnumbered 34 paragraph 1, Code 2019, is amended by striking the unnumbered 35 -9- LSB 2593YH (6) 88 js/rn 9/ 12
H.F. 542 paragraph and inserting in lieu thereof the following: 1 Own for the public benefit or acquire by gift or devise, 2 including rights-of-way and improvements, for the following 3 purposes: 4 Sec. 21. Section 483A.3, subsection 1, paragraph c, Code 5 2019, is amended to read as follows: 6 c. All wildlife habitat fees shall be administered in 7 the same manner as hunting and fur harvester licenses except 8 all revenue derived from wildlife habitat fees shall be used 9 within the state of Iowa for habitat development and shall be 10 deposited in the state fish and game protection fund, except 11 as provided in subsection 2 . The revenue may be used for 12 the matching of federal funds. The revenues and any matched 13 federal funds shall be used for acquisition of land, leasing of 14 land, or obtaining of easements from willing sellers for use as 15 wildlife habitats. Notwithstanding the exemption provided by 16 section 427.1 , any land acquired with the revenues and matched 17 federal funds shall be subject to the full consolidated levy of 18 property taxes, which shall be paid from the income generated 19 from those lands or, if no such income is generated, from the 20 wildlife habitat fee revenues. In addition the revenue may be 21 used for the development and enhancement of currently owned 22 wildlife lands and habitat areas. 23 Sec. 22. Section 483A.3B, subsection 2, paragraph b, Code 24 2019, is amended to read as follows: 25 b. The purpose of the game bird wetlands conservation 26 program is to create a sustained source of revenue to be used 27 by the department to qualify for federal matching funds that 28 are available for wetlands conservation and to undertake 29 projects in conjunction with soil and water conservation 30 districts, county conservation boards, and other partners that 31 will aid in wetlands and associated habitat conservation in the 32 state, including the acquisition, restoration, maintenance, or 33 preservation of wetlands and associated habitat. 34 Sec. 23. Section 484A.4, unnumbered paragraph 1, Code 2019, 35 -10- LSB 2593YH (6) 88 js/rn 10/ 12
H.F. 542 is amended to read as follows: 1 All revenue generated from the migratory game bird fee 2 shall be used for projects approved by the commission for the 3 purpose of protecting and propagating migratory game birds and 4 for the acquisition, development, restoration, maintenance , 5 or preservation of wetlands, except for that part which is 6 specified by the commission for use in paying administrative 7 expenses as provided in section 456A.17 . 8 Sec. 24. REPEAL. Section 422.11W, Code 2019, is repealed. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to publicly owned lands. 13 Certain state entities must keep a list of real and personal 14 property belonging to the state under that entity’s charge, 15 control, and management. The bill requires each entity to 16 update the entity’s inventory at least once every two years and 17 to make the list available online to the public. An inventory 18 must include information specified in the bill about the 19 property. 20 Current law allows the department of agriculture and land 21 stewardship, in conjunction with the department of natural 22 resources, to disburse funds from the blufflands protection 23 revolving fund until July 1, 2025. The bill prohibits the 24 departments from disbursing funds after July 1, 2019. Under 25 the bill, any principal and interest outstanding on or after 26 July 1, 2019, from a blufflands protection loan shall be paid 27 to the division of soil and water quality, with moneys paid to 28 the division credited to the rebuild Iowa infrastructure fund. 29 The department of natural resources or a county may 30 currently use funds to purchase or otherwise acquire properties 31 for public purpose. The bill prohibits the department or 32 a county from accepting and developing lands, with some 33 exceptions. The bill allows a county board of conservation to 34 acquire land only in the case of exchange when the property 35 -11- LSB 2593YH (6) 88 js/rn 11/ 12
H.F. 542 exchanged for is suitable and of substantially the same value 1 as the property exchanged, or if a person donates the land with 2 an accompanying monetary donation to cover the estimated cost 3 of maintaining the land for 10 years. The bill allows the 4 department to accept land for public benefit if a person gifts 5 or devises the land to the department. The department shall 6 give priority to the maintenance and enhancement of currently 7 owned open spaces of statewide significance. 8 The bill prohibits a city from using funds from grants by 9 the department for projects outside of the city’s boundaries. 10 The bill prohibits a nonpoint source water pollution control 11 project from including an acquisition of real property for 12 future donation or sale to the department, other political 13 subdivision, or the federal government. The bill also 14 prohibits a political subdivision from acquiring land that a 15 private entity purchased with the assistance of revolving loan 16 funds under the federal Clean Water Act. 17 Current law allows a person or corporation to claim a 18 tax credit for a charitable conservation contribution to a 19 qualified organization made exclusively for conservation 20 purposes. The bill repeals that tax credit. 21 -12- LSB 2593YH (6) 88 js/rn 12/ 12
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