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House Journal: Tuesday, February 28, 1995

Fifty-first Calendar Day - Thirty-third Session Day
Hall of the House of Representatives
Des Moines, Iowa, Tuesday, February 28, 1995
The House met pursuant to adjournment at 8:45 a.m., Speaker
Corbett in the chair.
Prayer was offered by Reverend Dennis Zuber, faculty member of
Faith Baptist Bible College, Ankeny.
The Journal of  Monday, February 27, 1995 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Ertl of Dubuque, until he arrives, on request of Siegrist of
Pottawattamie.
INTRODUCTION OF BILLS
House Joint Resolution 13, by Grundberg, Doderer, Siegrist,
Metcalf, Gipp, Jacobs, Houser, Nelson of Marshall, Hanson,
Martin, Disney, Sukup, Lamberti, Coon, Rants, Churchill,
Blodgett, Gries, Teig, Brauns, Klemme, Heaton, Halvorson,
Millage, Harrison, Welter, Brand, Dinkla, Jochum, Harper,
Mascher, Nelson of Pottawattamie, Mertz, Burnett, Myers,
Connors, McCoy, Larson, Koenigs, Van Fossen, Warnstadt, Ollie,
Running, Schrader, May, Larkin, Mundie, O'Brien, Fallon, Weigel,
Moreland, Cataldo, Witt, Wise, Brand, Bernau, Kreiman, Baker,
Bell, Holveck, Murphy, Shoultz, Drees, Cohoon and Brammer, a
joint resolution proposing an amendment to the Constitution of
the State of Iowa relating to the equality of rights of men and
women under the law.
Read first time and referred to committee on state government. 
House File 222, by Vande Hoef, Rants, Wise, Jochum, Nutt,
Warnstadt, Heaton, Nelson of Pottawattamie, Hammitt, Brand, and
Siegrist, a bill for an act relating to the establishment of
home development districts.
Read first time and referred to committee on  local government.
House File 223, by Greig, a bill for an act defining multiple
housing cooperatives as residential property for purposes of
assessing the value of the property for taxation purposes.
Read first time and referred to committee on ways and means.
House File 224, by Gipp, Grubbs, Connors, and Jochum, a bill for
an act requiring licensure of certain social workers, providing
an effective date, imposing fees, and making penalties
applicable.
Read first time and referred to committee on state government.
House File 225, by Gipp, a bill for an act expanding the
purposes for which the district management levy may be expended.
Read first time and referred to committee on education.
House File 226, by Jochum, a bill for an act relating to
establishing penalties for certain sex offenses with children
and child endangerment offenses.
Read first time and referred to committee on judiciary.
House File 227, by Jochum, a bill for an act requiring licensure
of orthopedic physician assistants, establishing a board of
orthopedic physician assistant examiners, establishing fees and
penalties, and providing for properly related matters.
Read first time and referred to committee on state government.
House File 228, by Jochum, a bill for an act relating to the
third-party payment of health care coverage costs for preventive
care services and mental health and substance abuse treatment
services.
Read first time and referred to committee on human resources.
House File 229, by Meyer, a bill for an act relating to the
state percent of growth for purposes of the school foundation
aid program by setting the state percent of growth if the
general assembly fails to do so, and providing effective and
applicability date provisions.
Read first time and referred to committee on education.
House File 230, by Heaton and Brunkhorst, a bill for an act
relating to procedural requirements for the enforcement of
certain copyrights, and providing for penalties.
Read first time and referred to committee on economic
development.
House File 231, by Mertz, a bill for an act relating to notice
requirements required for work involving drainage and levee
districts and water districts.
Read first time and referred to committee on local government.
SENATE MESSAGES CONSIDERED
Senate File 142, by Fink, a bill for an act establishing
felonious child endangerment as a nonbailable offense.
Read first time and referred to committee on judiciary.
Senate File 159, by committee on business and labor relations, a
bill for an act relating to the payment of wages to a suspended
or terminated employee under the Iowa wage payment collection
law.
Read first time and passed on file.
Senate File 175, by committee on commerce, a bill for an act
relating to the definition of the federal Truth in Lending Act
in the Iowa consumer credit code.
Read first time and referred to committee on commerce-regulation.
CONSIDERATION OF BILLS
Special Order Calendar
The House resumed consideration of Senate File 69, a bill for an
act relating to county expenditures of property taxes for mental
health and developmental disabilities costs by providing for
reduction of property taxes, making appropriations, and
providing an effective date, previously deferred and the
committee amendment H-3030, pending.
Halvorson of Clayton offered amendment H-3195, to the committee
amendment H-3030, filed by him as follows:
H-3195
 1     Amend the amendment, H-3030, to Senate File 69 as
 2   passed by the Senate, as follows:
 3     1.  Page 13, line 9, by inserting after the figure
 4   "1." the following:  "a."
 5     2.  Page 13, line 17, by inserting after the word
 6   "dollars" the following:  "of which eight million
 7   eight hundred thousand dollars shall be allocated as
 8   provided in paragraph "b"".
 9     3.  Page 13, by inserting after line 17 the
10   following:
11     "b.  Beginning with the fiscal year beginning July
12   1, 1995, of the appropriations made in paragraph "a",
13   eight million eight hundred thousand dollars for each
14   fiscal year shall be allocated with sixty percent to
15   be allocated to cities and forty percent to counties
16   from which the franchise taxes were collected under
17   chapter 422, division V.  The amount to each city or
18   county shall be based upon the amount of tax the
19   financial institution located in the city or county
20   pays in franchise tax.  If the financial institution
21   maintains one or more offices for the transaction of
22   business, other than its principal office, a portion
23   of its franchise tax shall be allocated to each
24   office, based upon a reasonable measure of the
25   business activity of each office.  The director of
26   revenue and finance shall prescribe, for each type of
27   financial institution, a method of measuring the
28   business activity of each office.  Financial
29   institutions shall furnish all necessary information
30   for this purpose at the request of the director."
Gries of Crawford in the chair at 9:00 a.m.
On motion by Halvorson of  Clayton, amendment H-3195 was adopted.
Halvorson of Clayton offered the following amendment H-3193, to
the committee amendment H-3030, filed by him and moved its
adoption:
H-3193
 1     Amend the amendment, H-3030, to Senate File 69, as
 2   passed by the Senate, as follows:
 3     1.  Page 13, by striking lines 30, 31, and 32 and
 4   inserting the following:  "credited to the homestead
 5   credit fund, an amount sufficient to implement this
 6   chapter equal to one million dollars more than was
 7   appropriated for the fiscal year beginning July 1,
 8   1994."
Amendment H-3193 was adopted.
Warnstadt of Woodbury offered the following amendment H-3205, to
the committee amendment H-3030, filed by Warnstadt, et. al., and
moved its adoption:
H-3205
 1     Amend the amendment, H-3030, to Senate File 69, as
 2   passed by the Senate as follows:
 3     1.  Page 13, by striking lines 25 through 40.
 4     2.  Page 19, line 11, by striking the figure
 5   "26,".

Roll call was requested by Kreiman of  Davis and Bernau of Story.
Rule 75 was invoked.
On the question "Shall amendment H-3205, to the committee
amendment H-3030, be adopted?" (S.F. 69)
The ayes were, 37:
Baker          	Bell           	Bernau         	Brand         
	Burnett        	Cataldo        	Cohoon         	Connors       
	Doderer        	Drees          	Fallon         	Garman        
	Harper         	Holveck        	Jochum         	Koenigs       
	Kreiman        	Larkin         	Main           	Mascher       
	May            	McCoy          	Mertz          	Moreland      
Mundie         	Murphy         	Myers          	Nelson, L.      
	O'Brien        	Ollie          	Running        	Schrader      
	Shoultz        	Warnstadt      	Weigel         	Wise          
	Witt           	
The nays were, 60:
Arnold         	Blodgett       	Boddicker      	Boggess       
	Bradley        	Branstad       	Brauns         	Brunkhorst    
	Carroll        	Churchill      	Coon                  	Corbett,
Spkr.
Cormack        	Cornelius      	Daggett        	Dinkla        
	Disney         	Drake          	Eddie          	Gipp          
	Greig          	Grubbs         	Grundberg      	Hahn          
	Halvorson      	Hammitt        	Hanson         	Harrison      
	Heaton         	Houser         	Hurley         	Huseman       
	Jacobs         	Klemme         	Kremer         	Lamberti      
	Larson         	Lord           	Martin         	Metcalf       
	Meyer          	Millage        	Nelson,  B.      	Nutt         
 	Rants          	Renken         	Salton         	Schulte       
	Siegrist       	Sukup          	Teig           	Thomson       
	Tyrrell        	Van Fossen     	Van Maanen     	Vande Hoef    
	Veenstra       	Weidman        	Welter         	Gries,				 
Presiding
  Absent or not voting, 3:
Brammer        	Ertl           	Greiner        	

Amendment H-3205 lost.
Speaker pro tempore Van Maanen of Marion in the chair at 9:39
a.m.
Halvorson of Clayton offered the following amendment H-3194, to
the committee amendment H-3030, filed by him and moved its
adoption:
H-3194
 1     Amend the amendment, H-3030, to Senate File 69 as
 2   follows:
 3     1.  By striking page 17, line 11, through page 18,
 4   line 45, and inserting the following:
 5     "Sec. 133.  Section 426.3, Code 1995, is amended to
 6   read as follows:
 7     426.3  WHERE CREDIT GIVEN.
 8     The agricultural land farm tax credit fund shall
be
 9   apportioned each year in the manner hereinafter
10   provided so as to give a credit against the tax on
11   each tract of agricultural lands within the several
12   school districts of the state in which the levy for
13   the general school fund exceeds five dollars and forty
14   cents per thousand dollars of assessed value; the.
15   The amount of such the credit on each tract of
such
16   lands shall be a percentage of the amount the tax
17   levied for the general school fund exceeds the amount
18   of tax which would be levied on said the tract of
such
19   lands were the levy for the general school fund five
20   dollars and forty cents per thousand dollars of
21   assessed value for the previous year, except in the
22   case of a deficiency in the agricultural land credits
23   farm tax credit fund to pay said the credits in
full,
24   in which case the credit on each eligible tract of
25   such lands in the state shall be proportionate and
26   shall be applied as hereinafter provided.
27     Sec. 134.  Section 426.6, Code 1995, is amended to
28   read as follows:
29     426.6  COMPUTATION BY AUDITOR -- APPEAL.
30     The agricultural land farm tax credit allowed each
31   year shall be computed as follows:  On or before the
32   first of June the county auditor shall list by school
33   districts all tracts of agricultural lands which they
34   are entitled to credit, together with the taxable
35   value for the previous year, together with the budget
36   from each school district for the previous year, and
37   the tax rate determined for the general fund of the
38   district in the manner prescribed in section 444.3 for
39   the previous year, and if such tax rate is in excess
40   of five dollars and forty cents per thousand dollars
41   of assessed value, the auditor shall multiply the tax
42   levy which is in excess of five dollars and forty
43   cents per thousand dollars of assessed value by the
44   total taxable value of the agricultural lands entitled
45   to credit in the district, and multiply this amount by
46   the applicable fiscal year percentage and on or before
47   the first of June certify the this last amount to
the
48   department of revenue and finance.
49     For purposes of this chapter, the "applicable
50   fiscal year percentage" means for the fiscal year

Page 2  

 1   beginning July 1, 1996, the amount equal to the
 2   appropriation made in section 426.1 for the fiscal
 3   year beginning July 1, 1996, divided by the amount of
 4   credits certified under this section to the department
 5   of revenue and finance for the fiscal year beginning
 6   July 1, 1995.  For succeeding fiscal years, the
 7   applicable fiscal year percentage equals the
 8   appropriation for that fiscal year divided by the
 9   amount of credits certified under this section to the
10   department of revenue and finance for the previous
11   fiscal year times the applicable fiscal year
12   percentage calculated under this paragraph for the
13   previous fiscal year.
14     In the event the county auditor denies a credit
15   upon any such lands, the auditor shall immediately
16   mail to the owner at the owner's last known address
17   notice of the decision thereon.  The owner may, within
18   thirty days thereafter, appeal to the board of
19   supervisors of the county wherein the land involved is
20   situated by serving notice of said appeal upon the
21   chairperson of said the board.  The board shall hear
22   such the appeal promptly and shall determine anew
all
23   questions involved in said the appeal and shall
within
24   ten days after such the hearing, mail to the owner
at
25   the owner's last known address, notice of its
26   decision.  In the event of disallowance the owner may,
27   within ten days from the date such notice is mailed,
28   appeal such the disallowance by the board of
29   supervisors to the district court of that county by
30   serving written notice of appeal on the county
31   auditor.  The appeal shall be tried de novo and may be
32   heard in term time or vacation.  The decision of the
33   district court thereon shall be final.
34     Sec. 135.  Section 426.7, Code 1995, is amended to
35   read as follows:
36     426.7  WARRANTS DRAWN BY DIRECTOR.
37     After receiving from the county auditors the
38   certifications provided for in section 426.6, and
39   during the following fiscal year, the director of
40   revenue and finance shall draw warrants on the
41   agricultural land credits farm tax credit fund
created
42   in section 426.1, payable to the county treasurers in
43   the amount certified by the county auditors of the
44   respective counties and mail the warrants to the
45   county auditors on August 15 of each year taking into
46   consideration the relative budget and cash position of
47   the state resources.  However, if the agricultural
48   land credits farm tax credit fund is insufficient to
49   pay in full the total of the amounts certified to the
50   director of revenue and finance, the director shall

Page   3

 1   prorate the fund to the county treasurers and notify
 2   the county auditors of the pro rata percentage on or
 3   before August July 1."
 4     2.  Page 18, line 48, by inserting after the
 5   letter "h." the following:  "(1)".
 6     3.  Page 19, line 3, by striking the words "two
 7   hundred" and inserting the following:  "one hundred
 8   fifty".
 9     4.  Page 19, line 4, by inserting after the word
10   "land" the following:  "as provided in subparagraph
11   (2)".
12     5.  Page 19, by inserting after line 7 the
13   following:
14     "(2)  An owner of agricultural structures shall not
15   file a claim for or be granted more than one one
16   hundred fifty thousand dollar exclusion under
17   subparagraph (1) for more than one parcel in the
18   state.  For purposes of determining if a claim is
19   filed for more than one parcel and computing the
20   amount of a claim, agricultural structures are
21   considered owned by the same person, if in the case
22   where the owner is an individual, the individual owns
23   or controls an entity that owns other agricultural
24   structures in the state, or if in the case where the
25   owner is an entity, a person which owns or controls
26   the entity owns or controls another entity that owns
27   other agricultural structures in the state.  Entities
28   are owned or controlled by the same person if the same
29   person directly or indirectly owns or controls more
30   than fifty percent of the assets or any class of stock
31   or who directly or indirectly has an interest of more
32   than fifty percent in the ownership or profits.
33     (3)  An owner shall file a claim for the exclusion
34   under subparagraph (1) by February 15 of the
35   assessment year for only one parcel.  The assessor
36   shall notify the owner of the acceptance of the
37   owner's claim by March 15.  An owner denied a claim or
38   had the amount of a claim reduced may appeal the
39   assessor's decision in the same manner as provided for
40   the appeal of the denial of the farm tax credit under
41   section 426.6.  Upon the filing and allowance of the
42   claim, the claim shall be allowed on that parcel for
43   successive years without further filing as long as the
44   property is legally or equitably owned by that person.
45   If ownership of the structure changes, the owner
46   wishes to file a claim for another parcel, or the
47   value significantly exceeds the exclusion amount as a
48   result of added improvements or new construction, the
49   owner must notify the assessor and refile a claim with
50   the appropriate assessor.

Page   4

 1     (4)  If an allowed claim is subsequently disallowed
 2   or the owner fails to notify the assessor as required
 3   in subparagraph (3), the person shall be subject to a
 4   civil penalty equal to the amount of property tax that
 5   would have been due but for the exclusion, plus fifty
 6   percent of such amount, and interest as provided in
 7   section 445.39.  Such person shall also no longer be
 8   eligible to receive the exclusion under subparagraph
 9   (1)."
10     6.  Page 19, line 15, by striking the figures "33,
11   34, 35," and inserting the following:  "133, 134,
12   135,".
Amendment H-3194 was adopted.
Grubbs of Scott asked and received unanimous consent to withdraw
amendment H-3120, to the committee amendment H-3030, filed by
him on February 20, 1995.
Mertz of Kossuth offered amendment H-3210, to the committee
amendment H-3030, filed by Mertz, et. al., and requested
division as follows:
H-3210
 1     Amend amendment, H-3030, to Senate File 69, as
 2   passed by the Senate, as follows:
H-3210A
 3     1.  By striking page 16, line 46, through page 19,
 4   line 7, and inserting the following:
 5     "Sec. 80.  Section 426.1, Code 1995, is amended to
 6   read as follows:
 7     426.1  AGRICULTURAL LAND CREDIT FUND.
 8     There is created as a permanent fund in the office
 9   of the treasurer of state a fund to be known as the
10   agricultural land credit fund, and for the purpose of
11   establishing and maintaining this fund for each fiscal
12   year there is appropriated thereto from funds in the
13   general fund of the state not otherwise appropriated
14   the sum of thirty-nine forty-nine million one
three
15   hundred thousand dollars of which the first ten
16   million dollars shall be transferred to and deposited
17   into the family farm tax credit fund created in
18   section 425A.1.  Any balance in said the fund on
June
19   30 shall revert to the general fund of the state."
H-3210B
20     2.  Page 19, by striking line 9.
H-3210A
21     3.  Page 19, line 11, by striking the figure "1."
22     4.  Page 19, line 11, by inserting after the
23   figure "31," the following:  "80,".
24     5.  Page 19, by striking lines 15 through 20.
Mertz of Kossuth moved the adoption of amendment H-3210A, to the
committee amendment H-3030.
Roll call was requested by Mertz of  Kossuth and Bernau of Story.
On the question "Shall amendment H-3210A, to the committee
amendment H-3030, be adopted?" (S.F. 69)
The ayes were, 37:
Baker          	Bell           	Bernau         	Brand         
	Burnett        	Cataldo	Cohoon         	Connors       
	Cornelius      	Doderer        	Drees          	Fallon        
	Hanson         	Harper         	Holveck        	Jochum        
	Koenigs        	Kreiman        	Larkin         	Mascher       
	May            	McCoy          	Mertz          	Moreland      
	Mundie         	Murphy         	Myers          	Nelson, L.     
 	O'Brien        	Ollie          	Running        	Schrader      
	Shoultz        	Warnstadt      	Weigel         	Wise          
	Witt           	
The nays were, 59:
Arnold         	Blodgett       	Boddicker      	Boggess       
	Bradley        	Branstad       	Brauns         	Brunkhorst    
	Carroll        	Churchill      	Coon                  	Corbett,
Spkr.
Cormack        	Daggett        	Dinkla         	Disney        
	Drake          	Eddie          	Garman         	Gipp          
	Greig          	Greiner        	Gries          	Grubbs        
	Hahn           	Halvorson      	Hammitt        	Harrison      
	Heaton         	Houser         	Hurley         	Huseman       
	Jacobs         	Klemme         	Kremer         	Lamberti      
	Larson         	Lord           	Main           	Martin        
	Metcalf        	Meyer          	Millage        	Nelson,  B.    
 	Nutt           	Rants          	Renken         	Salton        
	Schulte        	Siegrist       	Sukup          	Teig          
	Tyrrell        	Van Fossen     	Vande Hoef     	Veenstra      
	Weidman        	Welter         	Van Maanen,				  Presiding     	
Absent or not voting, 4:
Brammer        	Ertl           	Grundberg      	Thomson        	
Amendment H-3210A lost.
Mertz of Kossuth asked and received unanimous consent to
withdraw amendment H-3210B, to the committee amendment H-3030,
filed by Mertz, et. al., on February 23, 1995.
Houser of Pottawattamie asked and received unanimous consent to
withdraw amendment H-3212, to the committee amendment H-3030,
filed by Houser, et.al., on February 23, 1995.
Van Fossen of Scott offered the following amendment H-3163, to
the committee amendment H-3030, filed by Van Fossen, et. al.,
and moved its adoption:
H-3163
 1     Amend the amendment, H-3030, to Senate File 69, as
 2   passed by the Senate, as follows:
 3     1.  Page 25, by striking lines 15 through 26 and
 4   inserting the following:
 5     "2.  The department of human services shall
 6   determine each county's proportion of the state's
 7   general population.  In each fiscal year, a county
 8   shall receive for property tax relief the proportion
 9   of the moneys appropriated to the property tax relief
10   fund for that fiscal year equivalent to that county's
11   proportion of the state's general population.
12   However, moneys provided to a county for property tax
13   relief in a fiscal year in accordance with this
14   section shall not be less than the amount provided to
15   the county for property tax relief in the previous
16   fiscal year."
Amendment H-3163 lost.
Cornelius of Jackson offered the following amendment H-3201, to
the committee amendment H-3030, filed by him and moved its
adoption:
H-3201
 1     Amend the amendment, H-3030, to Senate File 69, as
 2   passed by the Senate as follows:
 3     1.  Page 25, by striking lines 15 through 26 and
 4   inserting the following:
 5     "2.  In each fiscal year, a county shall receive
 6   for property tax relief the county's proportion of the
 7   moneys in the relief fund allocated for property tax
 8   relief.  A county's proportion of the moneys shall be
 9   equivalent to the sum of the following two factors:
10     a.  One-half based upon the county's proportion of
11   the state's general population.
12     b.  One-half based upon the county's proportion of
13   all counties' base year expenditures, as defined in
14   section 331.438.
15     However, moneys provided to a county for property
16   tax relief in a fiscal year in accordance with this
17   section shall not be less than the amount provided to
18   a county for property tax relief in the previous
19   fiscal year."
Amendment H-3201 lost.
Jochum of Dubuque offered the following amendment H-3211, to the
committee amendment H-3030, filed by Jochum, et. al., and moved
its adoption:
H-3211
 1     Amend the amendment, H-3030, to Senate File 69, as
 2   passed by the Senate, as follows:
 3     1.  Page 27, by striking lines 6 through 16 and
 4   inserting the following:
 5     "(2)  For mental retardation and developmental
 6   disabilities services management, the plan shall
 7   describe the county's development and implementation
 8   of a managed system of individualized services and
 9   other support.  The managed system shall be designed
10   to provide the individuals served with a choice of
11   services and other support that will assist the
12   individuals to be as independent, productive, and
13   integrated with the community as possible.  The county
14   may directly implement the system and contract with
15   service providers and contract for other needed
16   services or support for an individual only after
17   identifying the type and level of services and support
18   needed and desired by the individual and a reasonable
19   rate of reimbursement.  If costs of providing vouchers
20   or cash payments would be equal to or less than
21   directly providing or contracting for services, and
22   the individuals so desire, vouchers or cash payments
23   shall be provided to the individuals to allow them to
24   arrange for their own services or support.  The county
25   may enter into a contract with a private entity to
26   manage this individualized system, provided all
27   requirements of this subparagraph are met by the
28   private entity."
29     2.  Page 27, by inserting before line 27 the
30   following:
31     "   .  A county shall not terminate assistance to
32   any individual with a mental illness, mental
33   retardation, or a developmental disability who was
34   receiving assistance as of January 1, 1995.  However,
35   the county may implement a waiting list for assistance
36   if new demand for assistance exceeds the funding
37   available in the county's fixed budget.  The county
38   management plan shall describe how the county will
39   make crisis assistance available to address the
40   immediate needs of any individual placed on a waiting
41   list until an individualized plan is developed and
42   implemented for the individual."
43     3.  By renumbering as necessary.
Roll call was requested by Schrader of Marion and Doderer of
Johnson.
On the question "Shall amendment H-3211, to the committee
amendment H-3030, be adopted?" (S.F. 69)
The ayes were, 39:
Baker          	Bell           	Bernau         	Brand         
	Burnett        	Cataldo        	Cohoon         	Connors       
	Doderer        	Drees          	Fallon         	Grubbs        
	Hanson         	Harper         	Harrison       	Holveck       
	Jochum         	Koenigs        	Kreiman        	Larkin        
	Mascher        	May            	McCoy          	Mertz         
	Moreland       	Mundie         	Murphy         	Myers         
	Nelson, L.       	O'Brien        	Ollie          	Running      
 	Schrader       	Shoultz        	Van Fossen     	Warnstadt     
	Weigel         	Wise           	Witt           	
The nays were, 57:
Arnold         	Blodgett       	Boddicker      	Boggess       
	Bradley        	Brauns         	Brunkhorst     	Carroll       
	Churchill      	Coon                  	Corbett, Spkr.	Cormack  
     	Cornelius      	Daggett        	Dinkla         	Disney    
    	Drake          	Eddie          	Garman         	Gipp       
   	Greig          	Greiner        	Gries          	Hahn        
  	Halvorson      	Hammitt        	Heaton         	Houser       
 	Hurley         	Huseman        	Jacobs         	Klemme        
	Kremer         	Lamberti       	Larson         	Lord          
	Main           	Martin         	Metcalf        	Meyer         
	Millage        	Nelson,  B.      	Nutt           	Rants        
Renken         	Salton         	Schulte        	Siegrist      
	Sukup          	Teig           	Thomson        	Tyrrell       
	Vande Hoef     	Veenstra       	Weidman        	Welter	Van
Maanen,				  Presiding    	         	
Absent or not voting, 4:
Brammer        	Branstad       	Ertl           	Grundberg      		
Amendment H-3211 lost.
Myers of Johnson asked and received unanimous consent to
withdraw amendment H-3198, to the committee amendment H-3030,
filed by Myers, et.al., on February 23, 1995.
Houser of Pottawattamie offered the following amendment H-3197,
to the committee amendment H-3030, filed by him and Vande Hoef
and moved its adoption:
H-3197
 1     Amend the amendment, H-3030, to Senate File 69, as
 2   passed by the Senate, as follows:
 3     1.  By striking page 19, line 21, through page 38,
 4   line 3, and inserting the following:
 5	"DIVISION V
 6	MENTAL HEALTH PROPERTY TAX RELIEF -- LIMITATION
 7     Sec. 100.  Section 123.38, unnumbered paragraph 2,
 8   Code 1995, is amended to read as follows:
 9     Any licensee or permittee, or the licensee's or
10   permittee's executor or administrator, or any person
11   duly appointed by the court to take charge of and
12   administer the property or assets of the licensee or
13   permittee for the benefit of the licensee's or
14   permittee's creditors, may voluntarily surrender a
15   license or permit to the division.  When a license or
16   permit is surrendered the division shall notify the
17   local authority, and the division or the local
18   authority shall refund to the person surrendering the
19   license or permit, a proportionate amount of the fee
20   received by the division or the local authority for
21   the license or permit as follows:  If a license or
22   permit is surrendered during the first three months of
23   the period for which it was issued, the refund shall
24   be three-fourths of the amount of the fee; if
25   surrendered more than three months but not more than
26   six months after issuance, the refund shall be one-
27   half of the amount of the fee; if surrendered more
28   than six months but not more than nine months after
29   issuance, the refund shall be one-fourth of the amount
30   of the fee.  No refund shall be made, however, for any
31   special liquor permit, nor for a liquor control
32   license, wine permit, or beer permit surrendered more
33   than nine months after issuance.  For purposes of this
34   paragraph, any portion of license or permit fees used
35   for the purposes authorized in section 331.424,
36   subsection 1, paragraphs "a", and "b", "c", "d",
"e",
37   "f", "g", and "h", and in section 331.438A, shall
not
38   be deemed received either by the division or by a
39   local authority.  No refund shall be made to any
40   licensee or permittee, upon the surrender of the
41   license or permit, if there is at the time of
42   surrender, a complaint filed with the division or
43   local authority, charging the licensee or permittee
44   with a violation of this chapter.  If upon a hearing
45   on a complaint the license or permit is not revoked or
46   suspended, then the licensee or permittee is eligible,
47   upon surrender of the license or permit, to receive a
48   refund as provided in this section; but if the license
49   or permit is revoked or suspended upon hearing the
50   licensee or permittee is not eligible for the refund
Page 2  
 1   of any portion of the license or permit fee.
 2     Sec. 101.  Section 218.99, Code 1995, is amended to
 3   read as follows:
 4     218.99  COUNTY AUDITORS TO BE NOTIFIED OF PATIENTS'
 5   PERSONAL ACCOUNTS.
 6     The administrator of a division of the department
 7   of human services in control of a state institution
 8   shall direct the business manager of each institution
 9   under the administrator's jurisdiction which is
10   mentioned in section 331.424, subsection 1, paragraphs
11   "a" through "g" and "b" and for which services are
12   paid under section 331.438A to quarterly inform the
13   auditor of the county of legal settlement of any
14   patient or resident who has an amount in excess of two
15   hundred dollars on account in the patients' personal
16   deposit fund and the amount on deposit.  The
17   administrators shall direct the business manager to
18   further notify the auditor of the county at least
19   fifteen days before the release of funds in excess of
20   two hundred dollars or upon the death of the patient
21   or resident.  If the patient or resident has no county
22   of legal settlement, notice shall be made to the
23   director of the department of human services and the
24   administrator of the division of the department in
25   control of the institution involved.
26     Sec. 102.  Section 222.60, Code 1995, is amended to
27   read as follows:
28     222.60  COSTS PAID BY COUNTY OR STATE.
29     All necessary and legal expenses for the cost of
30   admission or commitment or for the treatment,
31   training, instruction, care, habilitation, support and
32   transportation of patients, as provided for in the
33   county management plan provisions implemented pursuant
34   to section 331.439, subsection 1, in a state hospital-
35   school for the mentally retarded persons with mental
36   retardation, or in a special unit, or any public or
37   private facility within or without the state, approved
38   by the director of the department of human services,
39   shall be paid by either:
40     1.  The county in which such person the patient
has
41   legal settlement as defined in section 252.16.
42     2.  The state when such person the patient has no
43   legal settlement or when such legal settlement is
44   unknown.
45     Sec. 103.  Section 225C.4, subsection 2, paragraph
46   b, Code 1995, is amended to read as follows:
47     b.  Establish mental health and mental retardation
48   services for all institutions under the control of the
49   director of human services and establish an autism
50   unit, following mutual planning with and consultation
Page   3
 1   from the medical director of the state psychiatric
 2   hospital, at an institution or a facility administered
 3   by the administrator to provide psychiatric and
 4   related services and other specific programs to meet
 5   the needs of autistic persons as defined in section
 6   331.424, subsection 1, and to furnish appropriate
 7   diagnostic evaluation services.
 8     Sec. 104.  Section 331.301, subsection 12, Code
 9   1995, is amended to read as follows:
10     12.  The board of supervisors may credit funds to a
11   reserve for the purposes authorized by subsection 11
12   of this section; section 331.424, subsection 1,
13   paragraph "l" "f"; and section 331.441, subsection
2,
14   paragraph "b".  Moneys credited to the reserve, and
15   interest earned on such moneys, shall remain in the
16   reserve until expended for purposes authorized by
17   subsection 11 of this section; section 331.424,
18   subsection 1, paragraph "l" "f"; or section 331.441,
19   subsection 2, paragraph "b".
20     Sec. 105.  Section 331.424, subsection 1, Code
21   1995, is amended to read as follows:
22     1.  For general county services, an amount
23   sufficient to pay the charges for the following:
24     a.  To the extent that the county is obligated by
25   statute to pay the charges for:
26     (1)  Care and treatment of patients by a state
27   mental health institute.
28     (2)  Care and treatment of patients by either of
29   the state hospital-schools or by any other facility
30   established under chapter 222 and diagnostic
31   evaluation under section 222.31.
32     (3)  Care and treatment of patients under chapter
33   225.
34     (4) (1)  Care and treatment of persons at the
35   alcoholic treatment center at Oakdale.  However, the
36   county may require that an admission to the center
37   shall be reported to the board by the center within
38   five days as a condition of the payment of county
39   funds for that admission.
40     (5) (2)  Care of children admitted or committed to
41   the Iowa juvenile home at Toledo.
42     (6) (3)  Clothing, transportation, medical, or
43   other services provided persons attending the Iowa
44   braille and sight saving school, the Iowa school for
45   the deaf, or the state hospital-school for severely
46   handicapped children at Iowa City, for which the
47   county becomes obligated to pay pursuant to sections
48   263.12, 269.2, and 270.4 through 270.7.
49     b.  To the extent that the board deems it advisable
50   to pay, the charges for professional evaluation,
Page   4
 1   treatment, training, habilitation, and care of persons
 2   who are mentally retarded, autistic persons, or
 3   persons who are afflicted by any other developmental
 4   disability, at a suitable public or private facility
 5   providing inpatient or outpatient care in the county.
 6   As used in this paragraph:
 7     (1)  "Developmental disability" has the meaning
 8   assigned that term by 42 U.S.C. sec. 6001(7) (1976),
 9   Supp. II, 1978, and Supp. III, 1979.
10     (2)  "Autistic persons" means persons, regardless
11   of age, with severe communication and behavior
12   disorders that became manifest during the early stages
13   of childhood development and that are characterized by
14   a severely disabling inability to understand,
15   communicate, learn, and participate in social
16   relationships.  "Autistic persons" includes but is not
17   limited to those persons afflicted by infantile
18   autism, profound aphasia, and childhood psychosis.
19     c.  Care and treatment of persons placed in the
20   county hospital, county care facility, a health care
21   facility as defined in section 135C.1, subsection 6,
22   or any other public or private facility, which
23   placement is in lieu of admission or commitment to or
24   is upon discharge, removal, or transfer from a state
25   mental health institute, hospital-school, or other
26   facility established pursuant to chapter 222.
27     d.  Amounts budgeted by the board for the cost of
28   establishment and initial operation of a community
29   mental health center in the manner and subject to the
30   limitations provided by state law.
31     e. b.  Foster care and related services provided
32   under court order to a child who is under the
33   jurisdiction of the juvenile court, including court-
34   ordered costs for a guardian ad litem under section
35   232.71.
36     f.  The care, admission, commitment, and
37   transportation of mentally ill patients in state
38   hospitals, to the extent that expenses for these
39   services are required to be paid by the county,
40   including compensation for the advocate appointed
41   under section 229.19.
42     g.  Amounts budgeted by the board for mental health
43   services or mental retardation services furnished to
44   persons on either an outpatient or inpatient basis, to
45   a school or other public agency, or to the community
46   at large, by a community mental health center or other
47   suitable facility located in or reasonably near the
48   county, provided that services meet the standards of
49   the mental health and developmental disabilities
50   commission created in section 225C.5 and are
Page   5
 1   consistent with the annual plan for services approved
 2   by the board.
 3     h.  Reimbursement on behalf of mentally retarded
 4   persons under section 249A.12.
 5     i. c.  Elections, and voter registration pursuant
 6   to chapter 48A.
 7     j. d.  Employee benefits under chapters 96, 97B,
 8   and 97C, which are associated with salaries for
 9   general county services.
10     k. e.  Joint county and city building authorities
11   established under section 346.27, as provided in
12   subsection 22 of that section.
13     l. f.  Tort liability insurance, property
14   insurance, and any other insurance that may be
15   necessary in the operation of the county, costs of a
16   self-insurance program, costs of a local government
17   risk pool, and amounts payable under any insurance
18   agreements to provide or procure such insurance, self-
19   insurance program, or local government risk pool.
20     m. g.  The maintenance and operation of the
courts,
21   including but not limited to the salary and expenses
22   of the clerk of the district court and other employees
23   of the clerk's office, and bailiffs, court costs if
24   the prosecution fails or if the costs cannot be
25   collected from the person liable, costs and expenses
26   of prosecution under section 189A.17, salaries and
27   expenses of juvenile court officers under chapter 602,
28   court-ordered costs in domestic abuse cases under
29   section 236.5, the county's expense for confinement of
30   prisoners under chapter 356A, temporary assistance to
31   the county attorney, county contributions to a
32   retirement system for bailiffs, reimbursement for
33   judicial magistrates under section 602.6501, claims
34   filed under section 622.93, interpreters' fees under
35   section 622B.7, uniform citation and complaint
36   supplies under section 805.6, and costs of prosecution
37   under section 815.13.
38     n. h.  Court-ordered costs of conciliation
39   procedures under section 598.16.
40     o. i.  Establishment and maintenance of a joint
41   county indigent defense fund pursuant to an agreement
42   under section 28E.19.
43     p. j.  The maintenance and operation of a local
44   emergency management agency established pursuant to
45   chapter 29C.
46     The board may require a public or private facility,
47   as a condition of receiving payment from county funds
48   for services it has provided, to furnish the board
49   with a statement of the income, assets, and legal
50   residence including township and county of each person
Page   6
 1   who has received services from that facility for which
 2   payment has been made from county funds under
 3   paragraphs "a" through "h" and "b".  However, the
 4   facility shall not disclose to anyone the name or
 5   street or route address of a person receiving services
 6   for which commitment is not required, without first
 7   obtaining that person's written permission.
 8     Parents or other persons may voluntarily reimburse
 9   the county or state for the reasonable cost of caring
10   for a patient or an inmate in a county or state
11   facility.
12     Sec. 106.  Section 331.424, Code 1995, is amended
13   by adding the following new subsection:
14     NEW SUBSECTION.  1A.  The maximum amount of
15   property tax dollars which may be certified by a
16   county for taxes levied under subsection 1 and payable
17   in the fiscal year beginning July 1, 1996, and
18   succeeding fiscal years shall not exceed the amount of
19   property tax dollars certified by the county for taxes
20   payable in the fiscal year beginning July 1, 1995,
21   minus an adjustment for the amounts levied by the
22   county under subsection 1 for mental health, mental
23   retardation, and developmental disabilities services
24   in the fiscal year beginning July 1, 1995.  The
25   adjustment and maximum amount which may be levied by
26   the county shall be determined by the county auditor,
27   subject to the approval of the department of
28   management.  A county which disagrees with the
29   adjustment and maximum amount proposed for the county
30   by the department of management may appeal the
31   determination to the state appeal board created in
32   section 24.26 which shall make a final determination.
33     Sec. 107.  Section 331.426, subsection 1, Code
34   1995, is amended by adding the following new
35   paragraph:
36     NEW PARAGRAPH.  h.  An unusual need for a service
37   or cost paid from levies under section 331.424,
38   subsection 1, which would cause the total expenditures
39   of services and costs paid from those levies to exceed
40   the maximum levies authorized under section 331.424,
41   subsection 1A.
42     Sec. 108.  Section 331.438, subsection 1, paragraph
43   b, Code 1995, is amended to read as follows:
44     b.  "State payment" means the payment made by the
45   state under section 331.438A to a county determined to
46   be eligible for the payment in accordance with section
47   331.439.  Except as modified based upon the actual
48   amount of the appropriation for purposes of state
49   payment under section 331.439, the amount of the state
50   payment for a fiscal year shall be calculated as fifty
Page   7
 1   percent of the amount by which the county's qualified
 2   expenditures during the immediately preceding fiscal
 3   year were in excess of the amount of the county's base
 4   year expenditures.
 5     Sec. 109.  Section 331.438, Code 1995, is amended
 6   by adding the following new subsection:
 7     NEW SUBSECTION.  1A.  The state of Iowa shall
 8   provide funding to counties for the costs of mental
 9   health and mental retardation services so that over
10   the five-year period beginning July 1, 1995, and
11   ending June 30, 2000, the relative shares of the state
12   and counties for these expenditures shall become
13   either equal or greater for the state.
14     Sec. 110.  Section 331.438, subsection 3, paragraph
15   c, Code 1995, is amended by adding the following new
16   subparagraph:
17     NEW SUBPARAGRAPH.  (15)  Consider tort and other
18   liability issues associated with a county managing
19   mental health, mental retardation, and developmental
20   disabilities services in accordance with a fixed
21   budget and make recommendations to address the issues.
22     Sec. 111.  NEW SECTION.  331.438A  STATE AND COUNTY
23   EXPENDITURES FOR MENTAL HEALTH, MENTAL RETARDATION,
24   AND DEVELOPMENTAL DISABILITIES ASSISTANCE -- FUND
25   CREATED.
26     1.  The mental health, mental retardation, and
27   developmental disabilities property tax relief fund is
28   created in the office of the treasurer of state under
29   the authority of the department of revenue and
30   finance.  The relief fund shall consist of moneys
31   appropriated to the fund and the amount of allocations
32   from the fund for property tax relief pursuant to
33   subsection 2 and for the adjustment factor pursuant to
34   subsection 5 shall be as specified in law by the
35   general assembly.  There is appropriated to the mental
36   health, mental retardation, and developmental
37   disabilities property tax relief fund for the
38   indicated fiscal years from the general fund of the
39   state the following amounts:
40     a.  For the fiscal year beginning July 1, 1995,
41   sixteen million dollars of which ten million dollars
42   is allocated to counties for property tax relief in
43   accordance with subsection 2 and six million dollars
44   is allocated to counties as the adjustment factor
45   pursuant to subsection 5.
46     b.  For the fiscal year beginning July 1, 1996,
47   thirty million dollars.
48     c.  For the fiscal year beginning July 1, 1997,
49   forty-seven million dollars.
50     d.  For the fiscal year beginning July 1, 1998,
Page   8
 1   sixty-four million dollars.
 2     e.  For the fiscal year beginning July 1, 1999, and
 3   succeeding fiscal years, eighty-one million dollars.
 4     2.  In each fiscal year, a county shall receive for
 5   property tax relief the county's proportion of the
 6   moneys in the relief fund allocated for property tax
 7   relief.  A county's proportion of the moneys shall be
 8   equivalent to the sum of the following three factors:
 9     a.  One-third based upon the county's proportion of
10   the state's general population.
11     b.  One-third based upon the county's proportion of
12   the state's total taxable property valuation assessed
13   for taxes payable in the previous fiscal year.
14     c.  One-third based upon the county's proportion of
15   all counties' base year expenditures, as defined in
16   section 331.438.
17     3.  The department of human services shall notify
18   the department of revenue and finance of the amount
19   due each county and the director of revenue and
20   finance shall draw warrants on the relief fund,
21   payable quarterly to the county treasurer in the
22   amount due a county in accordance with subsection 2,
23   and mail the warrants to county auditors by September
24   1, December 1, March 1, and June 1 of each year.
25     4.  Before June 1, 1995, the director of human
26   services shall notify the county auditor of each
27   county of the amount of moneys the county will receive
28   from the relief fund for property tax relief pursuant
29   to subsection 2 in the succeeding fiscal year.  For
30   the fiscal year beginning July 1, 1995, the department
31   of management shall reduce the amount of the county's
32   certified budget to be raised by property tax, for
33   that fiscal year by an amount equal to the amount the
34   county will receive from the relief fund for property
35   tax relief pursuant to subsection 2 and the department
36   of management shall determine the rate of taxation
37   necessary to raise the reduced amount.  For subsequent
38   fiscal years, the levy for the mental health, mental
39   retardation, and developmental disabilities fund shall
40   be reduced by the county auditor and the board of
41   supervisors in the manner specified in section
42   331.424A.
43     5.  In addition to moneys received by a county for
44   a fiscal year pursuant to subsection 2, the county may
45   be paid an adjustment factor payment for services
46   provided in accordance with the county's management
47   plan implemented pursuant to section 331.439 and paid
48   for from the county's services fund under section
49   331.424A.  The amount of the adjustment factor payment
50   to a county is subject to the amount appropriated for
Page   9
 1   this purpose and shall be paid as provided by the
 2   general assembly for that fiscal year.
 3     6.  The department of human services, in
 4   consultation with the state-county management
 5   committee, shall prescribe forms and adopt rules
 6   pursuant to chapter 17A to administer this section.
 7     Sec. 112.  Section 331.439, Code 1995, is amended
 8   by striking the section and inserting in lieu thereof
 9   the following:
10     331.439  ELIGIBILITY FOR STATE PAYMENT.
11     1.  The state payment to eligible counties under
12   this section shall be made as provided in section
13   331.438A.  A county is eligible for the state payment,
14   as defined in section 331.438, for the fiscal year
15   beginning July 1, 1995, and for subsequent fiscal
16   years if the director of human services determines for
17   a specific fiscal year that all of the following
18   conditions are met:
19     a.  The county accurately reported by October 15
20   the county's expenditures for mental health, mental
21   retardation, and developmental disabilities services
22   for the previous fiscal year on forms prescribed by
23   the department of human services.
24     b.  The county developed and implemented a county
25   management plan for the county's mental health, mental
26   retardation, and developmental disabilities services
27   in accordance with the provisions of this paragraph.
28   The plan shall comply with the administrative rules
29   adopted for this purpose by the council on human
30   services and is subject to the approval of the
31   director of human services in consultation with the
32   state-county management committee created in section
33   331.438.  The plan shall include a description of the
34   county's service management provision for mental
35   health, mental retardation, and developmental
36   disabilities services.  The plan shall have the
37   following two parts:
38     (1)  For mental health service management, the
39   county must contract with a state-approved managed
40   mental health care contractor or provide a comparable
41   system of managed care.  For the fiscal year beginning
42   July 1, 1995, this part of the plan shall be submitted
43   by October 15, 1995, and the county shall implement
44   the approved plan by January 1, 1996.  For subsequent
45   fiscal years, this part of the plan shall be submitted
46   to the department by April 1 for the succeeding fiscal
47   year.
48     (2)  For mental retardation and developmental
49   disabilities services management, the county must
50   contract with a state-approved managed care contractor
Page  10
 1   or develop and implement a managed system of care
 2   which addresses a full array of appropriate services
 3   and cost-effective delivery of services.  The managed
 4   system of care shall incorporate a single entry point
 5   process developed in accordance with the provisions of
 6   section 331.440.  The elements of the managed system
 7   of care shall be specified in rules developed by the
 8   department in consultation with the state-county
 9   management committee and adopted by the council on
10   human services.  The county shall implement either the
11   state-approved contract or implement a comparable
12   system of care within six months of the date by which
13   the department approves a managed care contractor.  In
14   fiscal years succeeding the fiscal year of initial
15   implementation this part of the plan shall be
16   submitted to the department of human services by April
17   1 for the succeeding fiscal year.
18     c.  Changes to the approved plan are submitted
19   sixty days prior to the proposed change and are not to
20   be implemented prior to the director of human
21   services' approval.
22        .  The county management plan shall address the
23   county's criteria for serving persons with chronic
24   mental illness, including any rationale used for
25   decision making regarding this population.
26        .  If funding is available under the fixed
27   budget, a county that has not provided services to a
28   service population which is not included in the
29   service management provisions required under
30   subsection 1, may provide such services.
31     3.  For the fiscal year beginning July 1, 1996, and
32   succeeding fiscal years, implementation of the county
33   management plan is subject to a fixed budget
34   consisting of the moneys deposited by the state and
35   county in the county mental health, mental
36   retardation, and developmental disabilities services
37   fund created in section 331.424A.  The amount of the
38   fixed budget shall be the amount specified for the
39   fiscal year in the county's management plan and
40   budgeted for such services.
41        .  A county shall implement the county's
42   management plan in a manner so as to provide adequate
43   funding for the entire fiscal year by budgeting for
44   ninety-nine percent of the funding anticipated to be
45   available for the plan.
46     4.  A county's implementation of the service
47   management provisions required under subsection 1 for
48   mental health, mental retardation, and developmental
49   disabilities shall incorporate the single entry point
50   process described in section 331.440.
Page  11
 1     5.  The basis for determining whether a managed
 2   care system for mental health proposed by a county is
 3   comparable to a managed care contractor approved by
 4   the department of human services shall include but is
 5   not limited to all of the following elements which
 6   shall be specified in administrative rules adopted by
 7   the department in consultation with the state-county
 8   management committee:
 9     a.  The enrollment and eligibility process.
10     b.  The scope of services included.
11     c.  The method of plan administration.
12     d.  The process for managing utilization and access
13   to services and other assistance.
14     e.  The quality assurance process.
15     f.  The risk management provisions and fiscal
16   viability of the provisions.
17     6.  The director's approval of a county's mental
18   health, mental retardation, and developmental
19   disabilities services management plan shall not be
20   construed to constitute certification of the county's
21   budget.
22     Sec. 113.  Section 331.440, subsection 1, Code
23   1995, is amended by adding the following new
24   paragraph:
25     NEW PARAGRAPH.  c.  The single entry point process
26   shall include provision for the county's participation
27   in a management information system developed in
28   accordance with rules adopted pursuant to subsection
29   3.
30     Sec. 114.  NEW SECTION.  331.424A  MENTAL HEALTH,
31   MENTAL RETARDATION, AND DEVELOPMENTAL DISABILITIES
32   SERVICES FUND.
33     1.  For the purposes of this chapter, unless the
34   context otherwise requires, "services fund" means the
35   county mental health, mental retardation, and
36   developmental disabilities services fund created in
37   subsection 2.
38     2.  For the fiscal year beginning July 1, 1996, and
39   succeeding fiscal years, county revenues from taxes
40   and other sources designated for mental health, mental
41   retardation, and developmental disabilities services
42   shall be credited to the mental health, mental
43   retardation, and developmental disabilities services
44   fund of the county.  The board shall make
45   appropriations from the fund for payment of services
46   provided under the county management plan approved
47   pursuant to section 331.439.
48     3.  For the fiscal year beginning July 1, 1996, and
49   succeeding fiscal years, receipts from the state or
50   federal government for such services shall be credited
Page  12
 1   to the services fund, including but not limited to
 2   moneys received by a county under section 331.438A.
 3     4.  For the fiscal year beginning July 1, 1996, and
 4   for each subsequent fiscal year, the county may
 5   certify a levy for payment of services.  Unless
 6   otherwise provided by state law, for each fiscal year,
 7   county revenues from taxes imposed by the county
 8   credited to the services fund shall not exceed an
 9   amount equal to the amount of base year expenditures
10   from property taxes imposed by the county and paid for
11   services in the fiscal year beginning July 1, 1993,
12   and ending June 30, 1994, as defined in section
13   331.438, less the amount of property tax relief to be
14   received pursuant to section 331.438A in the fiscal
15   year for which the budget is certified.  The county
16   auditor and the board of supervisors shall reduce the
17   amount of the levy certified under this section by the
18   amount of property tax relief to be received.
19     5.  Appropriations specifically authorized to be
20   made from the mental health, mental retardation, and
21   disabilities services fund shall not be made from the
22   general fund of the county.
23     Sec. 115.  Section 444.25A, subsection 1, Code
24   1995, is amended to read as follows:
25     1.  COUNTY LIMITATION.  The maximum amount of
26   property tax dollars which may be certified by a
27   county for taxes payable in the fiscal year beginning
28   July 1, 1995, shall not exceed the amount of property
29   tax dollars certified by the county for taxes payable
30   in the fiscal year beginning July 1, 1994, minus the
31   amount of the property tax relief payment to be
32   received by the county for the fiscal year beginning
33   July 1, 1995, pursuant to section 331.438A, subsection
34   2, and the maximum amount of property tax dollars
35   which may be certified by a county for taxes payable
36   in the fiscal year beginning July 1, 1996, shall not
37   exceed the amount of property tax dollars certified by
38   the county for taxes payable in the fiscal year
39   beginning July 1, 1995, minus the amount by which the
40   property tax relief payment to be received by the
41   county in the fiscal year beginning July 1, 1996,
42   exceeds the amount of the property tax relief payment
43   received in the fiscal year beginning July 1, 1995,
44   pursuant to section 331.438A, subsection 2, for each
45   of the levies for the following, except for the levies
46   on the increase in taxable valuation due to new
47   construction, additions or improvements to existing
48   structures, remodeling of existing structures for
49   which a building permit is required, annexation, and
50   phasing out of tax exemptions, and on the increase in
Page  13
 1   valuation of taxable property as a result of a
 2   comprehensive revaluation by a private appraiser under
 3   a contract entered into prior to January 1, 1992, or
 4   as a result of a comprehensive revaluation directed or
 5   authorized by the conference board prior to January 1,
 6   1992, with documentation of the contract,
 7   authorization, or directive on the revaluation
 8   provided to the director of revenue and finance, if
 9   the levies are equal to or less than the levies for
10   the previous year, levies on that portion of the
11   taxable property located in an urban renewal project
12   the tax revenues from which are no longer divided as
13   provided in section 403.19, subsection 2, or as
14   otherwise provided in this section:
15     a.  General county services under section 331.422,
16   subsection 1.
17     b.  Rural county services under section 331.422,
18   subsection 2.
19     c.  Other taxes under section 331.422, subsection
20   4.
21     Sec. 116.  Section 444.25A, subsection 3, paragraph
22   b, subparagraph (3), Code 1995, is amended to read as
23   follows:
24     (3)  Need for additional moneys for health care,
25   treatment, and facilities, including mental health and
26   mental retardation care and treatment pursuant to
27   section 331.424, subsection 1, paragraphs "a" through
28   "h" and "b".
29     Sec. 117.  NEW SECTION.  444.25B  PROPERTY TAX
30   LIMITATIONS FOR 1998 AND 1999 FISCAL YEARS.
31     1.  COUNTY LIMITATION.  The maximum amount of
32   property tax dollars which may be certified by a
33   county for taxes payable in the fiscal year beginning
34   July 1, 1997, shall not exceed the amount of property
35   tax dollars certified by the county for taxes payable
36   in the fiscal year beginning July 1, 1996, minus the
37   amount by which the property tax relief payment to be
38   received by the county in the fiscal year beginning
39   July 1, 1997, exceeds the amount of the property tax
40   relief payment received by the county in the fiscal
41   year beginning July 1, 1996, pursuant to section
42   331.438A, subsection 2, and the maximum amount of
43   property tax dollars which may be certified by a
44   county for taxes payable in the fiscal year beginning
45   July 1, 1998, shall not exceed the amount of property
46   tax dollars certified by the county for taxes payable
47   in the fiscal year beginning July 1, 1997, minus the
48   amount by which the property tax relief payment to be
49   received by the county in the fiscal year beginning
50   July 1, 1998, exceeds the amount of the property tax
Page  14
 1   relief payment received by the county in the fiscal
 2   year beginning July 1, 1997, pursuant to section
 3   331.438A, subsection 2, for each of the levies for the
 4   following, except for the levies on the increase in
 5   taxable valuation due to new construction, additions
 6   or improvements to existing structures, remodeling of
 7   existing structures for which a building permit is
 8   required, annexation, and phasing out of tax
 9   exemptions, and on the increase in valuation of
10   taxable property as a result of a comprehensive
11   revaluation by a private appraiser under a contract
12   entered into prior to January 1, 1992, or as a result
13   of a comprehensive revaluation directed or authorized
14   by the conference board prior to January 1, 1992, with
15   documentation of the contract, authorization, or
16   directive on the revaluation provided to the director
17   of revenue and finance, if the levies are equal to or
18   less than the levies for the previous year, levies on
19   that portion of the taxable property located in an
20   urban renewal project the tax revenues from which are
21   no longer divided as provided in section 403.19,
22   subsection 2, or as otherwise provided in this
23   section:
24     a.  General county services under section 331.422,
25   subsection 1.
26     b.  Rural county services under section 331.422,
27   subsection 2.
28     c.  Other taxes under section 331.422, subsection
29   4.
30     2.  EXCEPTIONS.  The limitations provided in
31   subsection 1 do not apply to the levies made for the
32   following:
33     a.  Debt service to be deposited into the debt
34   service fund pursuant to section 331.430.
35     b.  Taxes approved by a vote of the people which
36   are payable during the fiscal year beginning July 1,
37   1997, or July 1, 1998.
38     c.  Hospitals pursuant to chapters 37, 347, and
39   347A.
40     d.  Emergency management to be deposited into the
41   local emergency management fund and expended for
42   development of hazardous substance teams pursuant to
43   chapter 29C.
44     e.  Unusual need for additional moneys to finance
45   existing programs which would provide substantial
46   benefit to county residents or compelling need to
47   finance new programs which would provide substantial
48   benefit to county residents.  The increase in taxes
49   levied under this exception for the fiscal year
50   beginning July 1, 1997, is limited to no more than the
Page  15
 1   product of the total tax dollars levied in the fiscal
 2   year beginning July 1, 1996, and the percent change,
 3   computed to two decimal places, in the price index for
 4   government purchases by type for state and local
 5   governments computed for the third quarter of calendar
 6   year 1996 from that computed for the third quarter of
 7   calendar year 1995.  The increase in taxes levied
 8   under this exception for the fiscal year beginning
 9   July 1, 1998, is limited to no more than the product
10   of the total tax dollars levied in the fiscal year
11   beginning July 1, 1997, and the percent change,
12   computed to two decimal places, in the price index for
13   government purchases by type for state and local
14   governments computed for the third quarter of calendar
15   year 1997 from that computed for the third quarter of
16   calendar year 1996.
17     For purposes of this paragraph, the price index for
18   government purchases by type for state and local
19   governments is defined by the bureau of economic
20   analysis of the United States department of commerce
21   and published in table 7.11 of the national income and
22   products accounts.  For the fiscal years beginning
23   July 1, 1997, and July 1, 1998, the price index used
24   shall be the revision published in the November 1996
25   and November 1997 issues, respectively, of the United
26   States department of commerce publication, "survey of
27   current business".  For purposes of this paragraph,
28   tax dollars levied in the fiscal years beginning July
29   1, 1996, and July 1, 1997, shall not include funds
30   levied for paragraphs "a", "b", and "c" of this
31   subsection.
32     Application of this exception shall require an
33   original publication of the budget and a public
34   hearing and a second publication and a second hearing
35   both in the manner and form prescribed by the director
36   of the department of management, notwithstanding the
37   provisions of section 331.434.  The publications and
38   hearings prescribed in this paragraph shall be held
39   and the budget certified no later than March 15.  The
40   taxes levied for counties whose budgets are certified
41   after March 15, 1997, shall be frozen at the fiscal
42   year beginning July 1, 1996, level, and the taxes
43   levied for counties whose budgets are certified after
44   March 15, 1998, shall be frozen at the fiscal year
45   beginning July 1, 1997, level.
46     3.  APPEAL PROCEDURES.  In lieu of the procedures
47   in sections 24.48 and 331.426, which procedures do not
48   apply for taxes payable in the fiscal years beginning
49   July 1, 1997, and July 1, 1998, if a county needs to
50   raise property tax dollars from a tax levy in excess
Page  16
 1   of the limitations imposed by subsection 1, the
 2   following procedures apply:
 3     a.  Not later than March 1, and after the
 4   publication and public hearing on the budget in the
 5   manner and form prescribed by the director of the
 6   department of management, notwithstanding section
 7   331.434, the county shall petition the state appeal
 8   board for approval of a property tax increase in
 9   excess of the increase provided for in subsection 2,
10   paragraph "e", on forms furnished by the director of
11   the department of management.  Applications received
12   after March 1 shall be automatically ineligible for
13   consideration by the board.
14     b.  Additional costs incurred by the county due to
15   any of the following circumstances shall be the basis
16   for justifying the excess in property tax dollars:
17     (1)  Natural disaster or other life-threatening
18   emergencies.
19     (2)  Unusual need for additional moneys to finance
20   existing programs which would provide substantial
21   benefit to county residents or compelling need to
22   finance new programs which would provide substantial
23   benefit to county residents.
24     (3)  Need for additional moneys for health care,
25   treatment, and facilities pursuant to section 331.424,
26   subsection 1, paragraphs "a" and "b".
27     (4)  Judgments, settlements, and related costs
28   arising out of civil claims against the county and its
29   officers, employees, and agents, as defined in chapter
30   670.
31     c.  The state appeal board shall approve,
32   disapprove, or reduce the amount of excess property
33   tax dollars requested.  The board shall take into
34   account the intent of this section to provide property
35   tax relief.  The decision of the board shall be
36   rendered at a regular or special meeting of the board
37   within twenty days of the board's receipt of an
38   appeal.
39     d.  Within seven days of receipt of the decision of
40   the state appeal board, the county shall adopt and
41   certify its budget under section 331.434, which budget
42   may be protested as provided in section 331.436.  The
43   budget shall not contain an amount of property tax
44   dollars in excess of the amount approved by the state
45   appeal board.
46     4.  Rate adjustment by county auditor.  In addition
47   to the requirement of the county auditor in section
48   444.3 to establish a rate of tax which does not exceed
49   the rate authorized by law, the county auditor shall
50   also adjust the rate if the amount of property tax
Page  17
 1   dollars to be raised is in excess of the amount
 2   specified in subsection 1, as may be adjusted pursuant
 3   to subsection 3.
 4     Sec. 118.  NEW SECTION.  444.25C  PROPERTY TAX
 5   LIMITATION FOR FISCAL YEAR 2000.
 6     1.  COUNTY LIMITATION.  The maximum amount of
 7   property tax dollars which may be certified by a
 8   county for taxes payable in the fiscal year beginning
 9   July 1, 1999, shall not exceed the amount of property
10   tax dollars certified by the county for taxes payable
11   in the fiscal year beginning July 1, 1998, minus the
12   difference between the amount by which the property
13   tax relief payment to be received by the county in the
14   fiscal year beginning July 1, 1999, exceeds the amount
15   of the property tax relief payment received by the
16   county in the fiscal year beginning July 1, 1998,
17   pursuant to section 331.438A, subsection 2, for each
18   of the levies for the following, except for the levies
19   on the increase in taxable valuation due to new
20   construction, additions or improvements to existing
21   structures, remodeling of existing structures for
22   which a building permit is required, annexation, and
23   phasing out of tax exemptions, and on the increase in
24   valuation of taxable property as a result of a
25   comprehensive revaluation by a private appraiser under
26   a contract entered into prior to January 1, 1992, or
27   as a result of a comprehensive revaluation directed or
28   authorized by the conference board prior to January 1,
29   1992, with documentation of the contract,
30   authorization, or directive on the revaluation
31   provided to the director of revenue and finance, if
32   the levies are equal to or less than the levies for
33   the previous year, levies on that portion of the
34   taxable property located in an urban renewal project
35   the tax revenues from which are no longer divided as
36   provided in section 403.19, subsection 2, or as
37   otherwise provided in this section:
38     a.  General county services under section 331.422,
39   subsection 1.
40     b.  Rural county services under section 331.422,
41   subsection 2.
42     c.  Other taxes under section 331.422, subsection
43   4.
44     2.  EXCEPTIONS.  The limitations provided in
45   subsection 1 do not apply to the levies made for the
46   following:
47     a.  Debt service to be deposited into the debt
48   service fund pursuant to section 331.430.
49     b.  Taxes approved by a vote of the people which
50   are payable during the fiscal year beginning July 1,
Page  18
 1   1999, or July 1, 2000.
 2     c.  Hospitals pursuant to chapters 37, 347, and
 3   347A.
 4     d.  Emergency management to be deposited into the
 5   local emergency management fund and expended for
 6   development of hazardous substance teams pursuant to
 7   chapter 29C.
 8     e.  Unusual need for additional moneys to finance
 9   existing programs which would provide substantial
10   benefit to county residents or compelling need to
11   finance new programs which would provide substantial
12   benefit to county residents.  The increase in taxes
13   levied under this exception for the fiscal year
14   beginning July 1, 1999, is limited to no more than the
15   product of the total tax dollars levied in the fiscal
16   year beginning July 1, 1998, and the percent change,
17   computed to two decimal places, in the price index for
18   government purchases by type for state and local
19   governments computed for the third quarter of calendar
20   year 1998 from that computed for the third quarter of
21   calendar year 1997.
22     For purposes of this paragraph, the price index for
23   government purchases by type for state and local
24   governments is defined by the bureau of economic
25   analysis of the United States department of commerce
26   and published in table 7.11 of the national income and
27   products accounts.  For the fiscal year beginning July
28   1, 1999, the price index used shall be the revision
29   published in the November 1998 of the United States
30   department of commerce publication, "survey of current
31   business".  For purposes of this paragraph, tax
32   dollars levied in the fiscal year beginning July 1,
33   1998, shall not include funds levied for paragraphs
34   "a", "b", and "c" of this subsection.
35     Application of this exception shall require an
36   original publication of the budget and a public
37   hearing and a second publication and a second hearing
38   both in the manner and form prescribed by the director
39   of the department of management, notwithstanding the
40   provisions of section 331.434.  The publications and
41   hearings prescribed in this paragraph shall be held
42   and the budget certified no later than March 15.  The
43   taxes levied for counties whose budgets are certified
44   after March 15, 1999, shall be frozen at the fiscal
45   year beginning July 1, 1998, level.
46     3.  APPEAL PROCEDURES.  In lieu of the procedures
47   in sections 24.48 and 331.426, which procedures do not
48   apply for taxes payable in the fiscal year beginning
49   July 1, 1999, if a county needs to raise property tax
50   dollars from a tax levy in excess of the limitations
Page  19
 1   imposed by subsection 1, the following procedures
 2   apply:
 3     a.  Not later than March 1, and after the
 4   publication and public hearing on the budget in the
 5   manner and form prescribed by the director of the
 6   department of management, notwithstanding section
 7   331.434, the county shall petition the state appeal
 8   board for approval of a property tax increase in
 9   excess of the increase provided for in subsection 2,
10   paragraph "e", on forms furnished by the director of
11   the department of management.  Applications received
12   after March 1 shall be automatically ineligible for
13   consideration by the board.
14     b.  Additional costs incurred by the county due to
15   any of the following circumstances shall be the basis
16   for justifying the excess in property tax dollars:
17     (1)  Natural disaster or other life-threatening
18   emergencies.
19     (2)  Unusual need for additional moneys to finance
20   existing programs which would provide substantial
21   benefit to county residents or compelling need to
22   finance new programs which would provide substantial
23   benefit to county residents.
24     (3)  Need for additional moneys for health care,
25   treatment, and facilities pursuant to section 331.424,
26   subsection 1, paragraphs "a" and "b".
27     (4)  Judgments, settlements, and related costs
28   arising out of civil claims against the county and its
29   officers, employees, and agents, as defined in chapter
30   670.
31     c.  The state appeal board shall approve,
32   disapprove, or reduce the amount of excess property
33   tax dollars requested.  The board shall take into
34   account the intent of this section to provide property
35   tax relief.  The decision of the board shall be
36   rendered at a regular or special meeting of the board
37   within twenty days of the board's receipt of an
38   appeal.
39     d.  Within seven days of receipt of the decision of
40   the state appeal board, the county shall adopt and
41   certify its budget under section 331.434, which budget
42   may be protested as provided in section 331.436.  The
43   budget shall not contain an amount of property tax
44   dollars in excess of the amount approved by the state
45   appeal board.
46     4.  Rate adjustment by county auditor.  In addition
47   to the requirement of the county auditor in section
48   444.3 to establish a rate of tax which does not exceed
49   the rate authorized by law, the county auditor shall
50   also adjust the rate if the amount of property tax
Page  20
 1   dollars to be raised is in excess of the amount
 2   specified in subsection 1, as may be adjusted pursuant
 3   to subsection 3.
 4     Sec. 119.  Section 444.27, Code 1995, is amended to
 5   read as follows:
 6     444.27  SECTIONS VOID.
 7     1.  For purposes of section 444.25, sections 24.48
 8   and 331.426 are void for the fiscal years beginning
 9   July 1, 1993, and July 1, 1994.  For purposes of
10   section 444.25A, sections 24.48 and 331.426 are void
11   for the fiscal years beginning July 1, 1995, and July
12   1, 1996.
13     2.  For purposes of sections 444.25B and 444.25C,
14   sections 24.48 and 331.426 are void for the fiscal
15   years beginning July 1, 1997, July 1, 1998, and July
16   1, 1999.
17     Sec. 120.  Section 445.23, Code 1995, is amended to
18   read as follows:
19     445.23  STATEMENT OF TAXES DUE.
20     1.  Upon request, the The county treasurer
shall
21   state in writing the full amount of taxes against a
22   parcel, all sales for unpaid taxes, and the amount
23   needed to redeem the parcel, if redeemable.  If the
24   person requesting the statement is not the titleholder
25   of record or contract holder of record of the parcel,
26   that person shall pay a fee at the rate of two dollars
27   per parcel for each year for which information is
28   requested, and the money shall be deposited in the
29   county general fund.
30     2.  The county treasurer shall include in a
31   prominent place on the tax statement the amount of
32   each of the following state tax credits that apply to
33   the parcel and amount by which each credit reduced the
34   taxes due on the parcel:
35     a.  Homestead credit under chapter 425.
36     b.  Military service credit under chapter 426A.
37     c.  Extraordinary credit under chapter 425.
38     d.  Mental health, mental retardation, and de-
39   velopmental disabilities property tax relief under
40   section 331.438A.
41     e.  Farm tax credit under chapter 426.
42     Sec. 121.  REPEAL.  1994 Iowa Acts, chapter 1163,
43   section 8, is repealed.
44     Sec. 122.  DEPARTMENT OF HUMAN SERVICES -- ICFMR
45   REQUIREMENT.  The department of human services shall
46   consult with the department of inspections and
47   appeals, the Iowa state association of counties, and
48   the Iowa association of rehabilitation and residential
49   facilities in adopting administrative rules
50   identifying optimum staffing ratios for intermediate
Page  21
 1   care facilities for the mentally retarded (ICFMR).
 2   The administrative rules shall be implemented on or
 3   before January 1, 1996.
 4     Sec. 123.  COUNTY ADJUSTMENT FACTOR PAYMENT --
 5   FISCAL YEAR 1995-1996.
 6     1.  For the fiscal year beginning July 1, 1995, the
 7   adjustment factor payment from the mental health,
 8   mental retardation, and developmental disabilities
 9   property tax relief fund specified in section 331.438A
10   shall be paid as provided in this section.  An
11   eligible county may apply to the department of human
12   services for an adjustment factor payment to reimburse
13   costs paid by the county in that fiscal year for
14   services to persons with mental illness, mental
15   retardation, or developmental disabilities in
16   accordance with the county's management plan approved
17   pursuant to section 331.439.  Eligible costs shall be
18   limited to eligible consumers of services who were not
19   served in the previous fiscal year, unusual cost
20   increases, service cost inflation, and investments for
21   quality and efficiency improvements.  Reimbursement
22   shall not be provided from the fund for applications
23   received after August 10, 1995.
24     2.  Payment from the fund shall be limited to the
25   amount designated for this purpose and if applications
26   received exceed the available funding, payments shall
27   be prorated.  The department of human services shall
28   notify the director of revenue and finance of the
29   amounts due a county under this section.  The director
30   shall draw warrants on the relief fund payable to the
31   county treasurer in the amount due to each county.
32   The warrants shall be paid in a timely manner to
33   enable the county to accrue the payment in the
34   county's 1995-1996 fiscal year.
35     3.  Notwithstanding section 8.33, moneys in the
36   relief fund allocated for the adjustment payment which
37   remain unobligated or unexpended at the close of the
38   fiscal year ending June 30, 1996, shall not revert to
39   the general fund of the state but shall remain
40   available for adjustment payments in the succeeding
41   fiscal year.
42     Sec. 124.  INTERIM COMMITTEE CREATED.  The
43   legislative council is requested to establish an
44   interim committee comprised of members of the general
45   assembly with the charge of developing a system to
46   regulate and contain county expenditures for mental
47   health, mental retardation, and developmental
48   disabilities services and to develop a formula for
49   distribution of property tax relief moneys to counties
50   under section 331.438A, subsection 2.  In addition,
Page  22
 1   the committee should consider proposals from counties
 2   and other interested persons for a distribution
 3   formula factor which rewards or provides incentives
 4   for economy and efficiency in providing mental health,
 5   mental retardation, and developmental disabilities
 6   services; and a mechanism for a county to appeal to
 7   the state if it is believed the county is unfairly
 8   treated under an established funding formula.  The
 9   committee should be directed to report to the governor
10   and the general assembly prior to the 1996 legislative
11   session.
12     Sec. 125.  EFFECTIVE DATES.
13     1.  Sections 100, 101, 102, 103, and 104 of this
14   division of this Act take effect July 1, 1996.
15     2.  Sections 105, 106, 107, 114, and 116 take
16   effect January 1, 1996, and are applicable to taxes
17   paid in the fiscal year beginning July 1, 1996, and
18   succeeding fiscal years.
19     3.  The remainder of this division of this Act,
20   being deemed of immediate importance, takes effect
21   upon enactment."
22     2.  Title page, by striking lines 1 through 4 and
23   inserting the following:  "An Act relating to income
24   tax relief, property tax relief, machinery and
25   equipment phase-in exemption and reimbursement, levies
26   for mental health, mental retardation, and
27   developmental disabilities services, providing
28   appropriations, and providing effective dates and
29   applicability provisions."
Amendment H-3197 was adopted.
Bernau of Story offered the following amendment H-3204, to the
committee amendment H-3030, previously deferred, filed by
Bernau, et. al., and moved its adoption:
H-3204
 1     Amend the amendment, H-3030, to Senate File 69, as
 2   passed by the Senate as follows:
 3     1.  By striking page 13, line 41, through page 16,
 4   line 43.
 5     2.  Page 16, by inserting after line 45 the
 6   following:
 7     "Sec. 131.  Section 425.40, Code 1995, is amended
 8   by striking the section and inserting the following:
 9     425.40  LOW-INCOME FUND CREATED.
10     The low-income tax credit and reimbursement fund is
11   created.  There is appropriated annually from the
12   general fund of the state to the department of revenue
13   and finance to be credited to the low-income tax
14   credit and reimbursement fund, from funds not
15   otherwise appropriated, an amount sufficient to
16   implement this division."
17     3.  Page 19, by striking line 8.
18     4.  Page 19, line 11, by striking the figures "27,
19   28, 29, and 30".
20     5.  Page 19, line 12, by striking the figure "37"
21   and inserting the following:  "131".
22     6.  Page 19, line 14, by inserting after the word
23   "credits" the following:  "or rent reimbursement
24   claims".
Roll call was requested by Bernau of Story and Murphy of Dubuque.
On the question "Shall amendment H-3204, to the committee
amendment H-3030, be adopted?" (S.F. 69)
The ayes were, 35:
Baker          	Bell           	Bernau         	Brand         
	Burnett        	Cataldo        	Cohoon         	Connors       
	Doderer        	Drees          	Fallon         	Harper        
	Holveck        	Jochum         	Koenigs        	Kreiman       
	Larkin         	Mascher        	May            	McCoy         
	Mertz          	Moreland       	Mundie         	Murphy        
	Myers          	Nelson, L.       	O'Brien        	Ollie        
 	Running        	Schrader       	Shoultz        	Warnstadt     
	Weigel         	Wise           	Witt           	
The nays were, 64:
Arnold         	Blodgett       	Boddicker      	Boggess       
	Bradley        	Branstad       	Brauns         	Brunkhorst    
	Carroll        	Churchill      	Coon                  	Corbett,
Spkr.
Cormack        	Cornelius      	Daggett        	Dinkla        
	Disney         	Drake          	Eddie          	Ertl          
	Garman         	Gipp           	Greig          	Greiner       
	Gries          	Grubbs         	Grundberg      	Hahn          
	Halvorson      	Hammitt        	Hanson         	Harrison      
	Heaton         	Houser         	Hurley         	Huseman       
	Jacobs         	Klemme         	Kremer         	Lamberti      
	Larson         	Lord           	Main           	Martin        
	Metcalf        	Meyer          	Millage        	Nelson,  B.    
 	Nutt           	Rants          	Renken         	Salton        
	Schulte        	Siegrist       	Sukup          	Teig          
	Thomson        	Tyrrell        	Van Fossen     	Vande Hoef    
	Veenstra       	Weidman        	Welter	Van Maanen,				 
Presiding
Absent or not voting, 1:
Brammer        	
Amendment H-3204 lost.
Siegrist of Pottawattamie asked and received unanimous consent
that the Daily Debate Calendar, previously issued for tomorrow,
be dated March 1, 1995.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:57 a.m., until 1:15 p.m.
(Senate File 69, and the committee amendment H-3030, as amended,
pending.)
AFTERNOON SESSION
The House reconvened, at 1:30 p.m., Speaker pro tempore Van
Maanen of Marion in the chair.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Greiner of Washington, for the remainder of the day, on request
of Siegrist of Pottawattamie.
BUSINESS PENDING AT RECESS
The House resumed consideration of Senate File 69, a bill for an
act relating to county expenditures of property taxes for mental
health and developmental disabilities costs by providing for
reduction of property taxes, making appropriations, and
providing an effective date, and the committee amendment H-3030,
as amended, pending at recess.
Halvorson of Clayton moved the adoption of the committee
amendment H-3030, as amended.
Roll call was requested by Schrader of Marion and Rants of
Woodbury.
On the question "Shall the committee amendment H-3030, as
amended, be adopted?" (S.F. 69)
The ayes were, 63:
Arnold         	Blodgett       	Boddicker      	Boggess
Bradley        	Branstad       	Brauns         	Brunkhorst
Carroll        	Churchill      	Coon                  	Corbett,
Spkr.
Cormack	Cornelius      	Daggett        	Dinkla 
Disney	Drake          	Eddie          	Ertl
Garman	Gipp           	Greig          	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harrison       	Heaton
Houser         	Hurley         	Huseman        	Jacobs
Klemme         	Kremer         	Lamberti       	Larson
Lord           	Main           	Martin         	Metcalf
Meyer          	Millage        	Nelson, B.      	Nutt
Rants          	Renken         	Salton         	Schulte
Siegrist       	Sukup          	Teig           	Thomson
Tyrrell        	Van Fossen     	Vande Hoef     	Veenstra
Weidman        	Welter         	Van Maanen,				   Presiding     	
The nays were, 35:
Baker          	Bell           	Bernau         	Brand
Burnett        	Cataldo        	Cohoon         	Connors
Doderer        	Drees          	Fallon         	Harper
Holveck        	Jochum         	Koenigs        	Kreiman
Larkin         	Mascher        	May            	McCoy 
Mertz          	Moreland       	Mundie         	Murphy
Myers          	Nelson, L.       	O'Brien        	Ollie
Running        	Schrader       	Shoultz        	Warnstadt
Weigel         	Wise           	Witt           	
Absent or not voting, 2:
Brammer        	Greiner        	

The committee amendment H-3030, as amended, was adopted.
Murphy of Dubuque rose on a point of order and invoked Rule 32,
to refer Senate File 69 to committee on appropriations.
The Speaker ruled the point well taken and Rule 32 in order.
Siegrist of Pottawattamie moved to suspend the Rule 32 relating
to Senate File 69.
A non-record roll call was requested.
The ayes were 58, nays 30.
The motion prevailed.  
Halvorson of Clayton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 69)
The ayes were, 65:
Arnold         	Bell           	Blodgett       	Boddicker
Boggess        	Bradley        	Branstad       	Brauns
Brunkhorst     	Carroll        	Cataldo        	Churchill
Coon                  	Corbett, Spkr.	Cormack        	Cornelius
Daggett        	Dinkla         	Disney         	Drake
Eddie          	Ertl           	Garman         	Gipp
Greig          	Gries          	Grubbs         	Hahn
Halvorson      	Hammitt        	Hanson         	Harrison
Heaton         	Houser         	Hurley         	Huseman
Jacobs         	Klemme         	Kremer         	Lamberti
Larson         	Lord           	Main           	Martin
McCoy          	Metcalf        	Meyer          	Millage
Nelson, B.      	Nutt           	Rants          	Renken
Salton         	Schulte        	Siegrist       	Sukup
Teig           	Thomson        	Tyrrell        	Van Fossen
Vande Hoef     	Veenstra       	Weidman        	Welter
Van Maanen,				   Presiding 
The nays were, 33:
Baker          	Bernau         	Brand          	Burnett 
Cohoon         	Connors        	Doderer        	Drees
Fallon         	Grundberg      	Harper         	Holveck
Jochum         	Koenigs        	Kreiman        	Larkin
Mascher        	May            	Mertz          	Moreland
Mundie         	Murphy         	Myers          	Nelson, L.
O'Brien        	Ollie          	Running        	Schrader
Shoultz        	Warnstadt      	Weigel         	Wise 
Witt           	
Absent or not voting, 2:
Brammer        	Greiner        	

The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 69 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on February 28, 1995, passed the following bill
in which the concurrence of the House is asked:
Senate File 85, a bill for an act providing for the regulation
of farm deer and making penalties applicable.
Also: That the Senate has on February 28, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 98, a bill for an act relating to the preservation
of the Iowa state capitol.
JOHN F. DWYER, Secretary
CERTIFICATES OF RECOGNITION
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.
ELIZABETH A. ISAACSON
Chief Clerk of the House
1995\59	Lena Papritz, Akron - For celebrating her 100th birthday.
1995\60	Dick Bleth, Council Bluffs - For being inducted into the
Iowa High School Athletic Association Hall of Fame.
1995\61	Assumption High School Wrestling Team, Davenport - For
winning the Class 2A division of the 1995 State Wrestling
Tournament.
1995\62	Matt Gravert, Davenport - For winning the 1995 Class 2A,
171 lb. division of the State Wrestling Tournament.
SUBCOMMITTEE ASSIGNMENTS
House File 195
Commerce-Regulation: Nutt, Chair; Holveck and Sukup.
House File 196
Judiciary: Boddicker, Chair; Doderer and Kremer.
House File 203
State Government: Renken, Chair; Cataldo and Drake.
House File 204
Human Resources: Boddicker, Chair; Harper and Harrison.
House File 210
Judiciary: Boddicker, Chair; Hurley and Moreland.
House File 215
Judiciary: Harrison, Chair; Coon, Doderer, Kreiman and Lamberti.
House File 219
Judiciary: Coon, Chair; Moreland and Nutt.
House Concurrent Resolution 24
State Government: Renken, Chair; Connors and Houser.
Senate File 130
Judiciary: Dinkla, Chair; Holveck and Nutt.
Senate File 150
Human Resources: Salton, Chair; Burnett, Lord, Murphy and
Veenstra.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 183
Commerce-Regulation: Metcalf, Chair; Nutt and Weigel.
House Study Bill 200
Commerce-Regulation: Lamberti, Chair; Doderer and Sukup.
House Study Bill 201
Commerce-Regulation: Jacobs, Chair; Cataldo and Cormack.
House Study Bill 202
Commerce-Regulation: Jacobs, Chair; Baker and Lamberti.
House Study Bill 203
Commerce-Regulation: Nutt, Chair; Cormack and Weigel.
House Study Bill 204
Commerce-Regulation: Nutt, Chair; Jacobs and Nelson of
Pottawattamie.
House Study Bill 205
State Government: Renken, Chair; Cataldo and Disney.
House Study Bill 206
State Government: Ertl, Chair; Coon and Running.
House Study Bill 207
State Government: Jacobs, Chair; Connors and Drake.
House Study Bill 208
Commerce-Regulation: Nutt, Chair; Churchill, Holveck, Lamberti
and McCoy.
House Study Bill 210
Human Resources: Boddicker, Chair; Brand, Fallon, Harrison and
Hurley.
House Study Bill 211
Human Resources: Salton, Chair; Burnett, Lord, Murphy and
Veenstra.
House Study Bill 212
Human Resources: Salton, Chair; Burnett, Lord, Murphy and
Veenstra.
House Study Bill 213
Human Resources: Schulte, Chair; Boddicker and Harper.
House Study Bill 214
Economic Development: McCoy, Chair; Baker, Cormack, Larson and
Nelson of Marshall.
House Study Bill 215
Judiciary: Veenstra, Chair; Coon and Shoultz.
House Study Bill 216
Judiciary; Dinkla, Chair; Holveck and Nutt.
House Study Bill 217
Judiciary: Grubbs, Chair; Bernau and Kremer.
House Study Bill 218
Commerce-Regulation: Lamberti, Chair; Nutt and Weigel.
House Study Bill 219
Commerce-Regulation: Lamberti, Chair; Nutt and Weigel.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 220 Judiciary
Relating to establishing an expedited procedure for the eviction
of drug traffickers and providing penalties.
H.S.B. 221 Judiciary
Relating to the use or possession of alcohol or marijuana in the
commission of a public offense, by eliminating accommodation
offenses for possession or delivery of one ounce or less of
marijuana, by providing for minimum periods of licensed
revocation, by prohibiting the receipt of deferred judgments or
deferred sentences by persons convicted of the offense of
operating while intoxicated, by eliminating the restitution
limit for the offense of operating while intoxicated, by making
implied consent for chemical testing applicable to the offense
of operation of a watercraft while intoxicated, by providing for
forfeiture of motor vehicles used in third or subsequent
operating while intoxicated offenses, and by providing penalties
and other related matters.
RESOLUTIONS FILED
HCR 25, by Grundberg, a concurrent resolution designating March
1995 as Iowa Women's History Month.
Laid over under Rule 25.
HR 7, by Van Fossen, Harrison, Bradley, Martin, Millage and
Grubbs, a house resolution recognizing the 100th anniversary of
the founding of the chiropractic profession.
Laid over under Rule 25.

AMENDMENTS FILED
H-3217	H.F.	118	Boddicker of Cedar
			Kreiman of Davis
H-3218	H.F.	206	Wise of Lee
			Ollie of Clinton
On motion by Siegrist of Pottawattamie, the House adjourned at
4:03 p.m. until 9:00 a.m., Wednesday, March 1, 1995.

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

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