Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



Download 4.06 Mb.
Page3/81
Date conversion04.09.2017
Size4.06 Mb.
1   2   3   4   5   6   7   8   9   ...   81

H-1182


House Amendment 1182
PAG LIN
1 1 Amend House File 737 as follows:

1 2 #1. By striking everything after the enacting

1 3 clause and inserting the following:

1 4

NEW SECTION. 257.6A DISASTER RELIEF

1 5 == BUDGET ENROLLMENTS.

1 6 1. a. Notwithstanding any provision of the Code

1 7 to the contrary, for the school budget year beginning

1 8 July 1, 2009, and succeeding school budget years, if a

1 9 school district located in a governor=declared state

1 10 of disaster emergency area or a presidentially

1 11 declared major disaster area experiences a

1 12 significantly reduced actual enrollment for the next

1 13 school budget year after the disaster occurred then

1 14 the district shall be eligible to receive a budget

1 15 enrollment adjustment for the two school budget years

1 16 following the disaster.

1 17 b. The adjustment shall be an amount equal to the

1 18 difference between the actual enrollment for the

1 19 school budget year prior to the disaster and the

1 20 actual enrollment for the next school budget year

1 21 following the disaster, multiplied by the district

1 22 cost per pupil.

1 23 c. A board of directors that requests a budget

1 24 enrollment adjustment shall adopt a resolution

1 25 requesting to receive the adjustment and shall notify

1 26 the school budget review committee annually but no

1 27 earlier than November 1, as determined by the

1 28 department of education.

1 29 2. a. A board of directors that determines a need

1 30 exists for additional funds exceeding the authorized

1 31 budget adjustment for a budget enrollment adjustment

1 32 pursuant to this section shall submit a request for

1 33 modified allowable growth to the school budget review

1 34 committee as provided in section 257.31.

1 35 b. The school budget review committee shall

1 36 establish if modified allowable growth is justified

1 37 and, if so, shall set the modified allowable growth in

1 38 an amount determined pursuant to subsection 1.

1 39 c. Modified allowable growth pursuant to this

1 40 section shall only be available for the reduction in

1 41 the number of pupils that is attributable to the

1 42 disaster.

1 43 Sec. 2. Section 257.31, subsection 5, Code 2009,

1 44 is amended by adding the following new paragraph:

1 45 NEW PARAGRAPH. o. Unusual need for funds

1 46 exceeding an authorized budget adjustment following a

1 47 disaster pursuant to section 257.6A.>

1 48


1 49

1 50


House Amendment 1182 continued
2 1 T. TAYLOR of Linn

2 2 HF 737.701 83

2 3 ak/sc/22834
-1-


H-1183


House Amendment 1183
PAG LIN

1 1 Amend House File 561 as follows:

1 2 #1. Paged 1, line 2, by striking the words

1 3 and inserting the following:

1 4

1 5 Sec. . Section 6A.1, Code 2009, is amended to

1 6 read as follows:

1 7 6A.1 EXERCISE OF POWER BY STATE.

1 8 1. Proceedings may be instituted and maintained by

1 9 the state of Iowa, or for the use and benefit thereof,

1 10 for the condemnation of such private property as may

1 11 be necessary for any public improvement which the

1 12 general assembly has authorized to be undertaken by

1 13 the state, and for which an available appropriation

1 14 has been made. The executive council shall institute

1 15 and maintain such proceedings in case authority to so

1 16 do be not otherwise delegated.

1 17 2. All proceedings instituted and maintained by


1 18 the state of Iowa shall not commence without the

1 19 signed authorization of the governor.

1 20 3. The condemnation authority granted in this



1 21 section shall not extend to the department of natural

1 22 resources if the department is seeking to acquire real

1 23 property for purposes of carrying out a duty related

1 24 to development and maintenance of the recreation

1 25 resources of the state, including planning,

1 26 acquisition, and development of recreational projects,

1 27 and areas and facilities related to such projects,

1 28 notwithstanding any provisions to the contrary.>

1 29 #2. Page 2, by inserting after line 13 the

1 30 following:

1 31 Sec. . Section 455A.5, Code 2009, is amended by

1 32 adding the following new subsection:

1 33 NEW SUBSECTION. 7. The authority granted the

1 34 commission to acquire real property for purposes of

1 35 carrying out a duty related to development and

1 36 maintenance of the recreation resources of the state,

1 37 including planning, acquisition, and development of

1 38 recreational projects, and areas and facilities

1 39 related to such projects, shall not extend to the

1 40 authority to acquire land by eminent domain.

1 41 Sec. . Section 456A.24, subsection 2,

1 42 unnumbered paragraph 1, Code 2009, is amended to read

1 43 as follows:

1 44 Acquire by purchase, condemnation, lease,

1 45 agreement, gift, and devise lands or waters suitable

1 46 for the purposes hereinafter enumerated, and

1 47 rights=of=way thereto, and to maintain the same for

1 48 the following purposes, to wit:

1 49 Sec. . Section 456A.24, Code 2009, is amended

1 50 by adding the following new subsection:

House Amendment 1183 continued
2 1 NEW SUBSECTION. 15. The authority granted the

2 2 department to acquire real property for any statutory

2 3 purpose relating to development and maintenance of the

2 4 recreation resources of the state, including planning,

2 5 acquisition, and development of recreational projects,

2 6 and areas and facilities related to such projects,

2 7 shall not extend to the authority to acquire land by

2 8 eminent domain.

2 9 Sec. . Section 461A.7, Code 2009, is amended to

2 10 read as follows:

2 11 461A.7 EMINENT DOMAIN PURCHASE OF LANDS == PUBLIC

2 12 PARKS.

2 13 The commission may purchase or condemn lands from


2 14 willing sellers for public parks. No A contract for

2 15 the purchase of such public parks shall not be made to

2 16 an amount in excess of funds appropriated therefor by

2 17 the general assembly.

2 18 Sec. . Section 461A.10, Code 2009, is amended

2 19 to read as follows:

2 20 461A.10 TITLE TO LANDS.

2 21 The title to all lands purchased, condemned, or

2 22 donated, hereunder, for park or highway purposes and


2 23 the title to all lands purchased, condemned, or

2 24 donated hereunder for highway purposes, shall be taken

2 25 in the name of the state and if thereafter it shall be

2 26 deemed advisable to sell any portion of the land so

2 27 purchased or condemned, the proceeds of such sale

2 28 shall be placed to the credit of the said public state

2 29 parks fund to be used for such park purposes.

2 30 Sec. . Section 463C.8, subsection 1, paragraph

2 31 k, Code 2009, is amended to read as follows:

2 32 k. The power to acquire, own, hold, administer,

2 33 and dispose of property, except that such power is not



2 34 a grant of authority to acquire property by eminent

2 35 domain.

2 36 Sec. . Sections 461A.9 and 461A.75, Code 2009,

2 37 are repealed.

2 38 Sec. . EFFECTIVE DATE. The sections of this

2 39 division of this Act amending sections 6A.1, 455A.5,

2 40 456A.24, 461A.7, 461A.10, and 463C.8, and repealing

2 41 sections 461A.9 and 461A.75, being deemed of immediate

2 42 importance, take effect upon enactment.

2 43 DIVISION

2 44 RAILWAY ASSISTANCE>.

2 45 #3. Title page, line 1, by inserting after the

2 46 word the following:

2 47 eminent domain authority by the state, including by

2 48 the department of transportation and the department of

2 49 natural resources, and to>.

2 50 #4. Title page, line 5, by inserting after the

House Amendment 1183 continued
3 1 word the following: <, and providing an

3 2 effective date>.

3 3 #5. By renumbering as necessary.

3 4


3 5

3 6

3 7 GRASSLEY of Butler

3 8 HF 561.302 83

3 9 dea/nh/22809
-1-




1   2   3   4   5   6   7   8   9   ...   81


The database is protected by copyright ©hestories.info 2017
send message

    Main page