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Seventy-third Calendar Day - Forty-ninth Session Day Hall of the House of Representatives Des Moines, Iowa, Wednesday, March 22, 1995 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend David O'Rourke, Denmark Congregational United Church of Christ, Denmark. The Journal of Tuesday, March 22, 1995 was approved. LEAVE OF ABSENCE Leave of absence was granted as follows: Bell of Jasper, for March 22, 23, 24, on request of Schrader of Marion. PETITION FILED The following petition was received and placed on file: By Cohoon of Des Moines, from one hundred seventy-nine constituents of District 100 favoring Senate File 121, relating to the taxation of pensions, annuities and retirement allowances received, for the state individual income tax and providing a retroactive applicability date. INTRODUCTION OF BILLS House File 520, by committee on commerce-regulation, a bill for an act relating to electronic transfer of funds and establishing certain requirements for full-function point-of-sale terminals and electronic funds transfer facilities maintained or operated by a national card association, establishing a civil penalty, and providing an effective date. Read first time and placed on the calendar. House File 521, by committee on agriculture, a bill for an act relating to restrictions on persons eligible to hold agricultural land, and providing penalties. Read first time and placed on the calendar. House File 522, by committee on human resources, a bill for an act relating to the statistical reporting of terminations of pregnancy and establishing penalties. Read first time and placed on the calendar. House File 523, by committee on judiciary, a bill for an act relating to the establishment of minimum standards for the training of telecommunicators. Read first time and placed on the calendar. House File 524, by committee on judiciary, a bill for an act relating to the exemption for attorneys who have provided abstract services under the title guaranty program. Read first time and placed on the calendar. House File 525, by committee on judiciary, a bill for an act relating to structured fines, establishing a civil penalty and surcharge, providing for the distribution of fines, and establishing effective and repeal dates. Read first time and placed on the calendar. House File 526, by committee on judiciary, a bill for an act to permit the court to require victim-offender reconciliation under certain circumstances. Read first time and placed on the calendar. House File 527, by committee on judiciary, a bill for an act relating to probate including the lien period for estates which have not been administered, the amount which may be passed to a minor without appointing a conservator, the distribution of an intestate estate to the parents, and special use trusts. Read first time and placed on the calendar. House File 528, by committee on judiciary, a bill for an act relating to criminal and juvenile justice, including providing that certain identifying information regarding juveniles involved in delinquent acts is a public record, exempting certain offenses from the jurisdiction of the juvenile court, placing a juvenile in detention as a dispositional alternative, waiving a juvenile to adult court, the release or detention of certain criminal defendants pending sentencing or appeal following conviction, eliminating the notice required for students before certain locker searches, adding custody and adjudication information regarding juveniles to state criminal history files, establishing a juvenile justice task force, authorizing the transmission of communicable disease information by radio in certain circumstances, and enhancing or establishing penalties. Read first time and placed on the calendar. House File 529, by Harper, a bill for an act relating to sales taxation of certain institutions of the arts by providing certain refunds and exemptions. Read first time and referred to committee on ways and means. House File 530, by committee on appropriations, a bill for an act relating to and making appropriations to the department for the blind, the Iowa state civil rights commission, the department of elder affairs, the Iowa department of public health, the department of human rights, the commission of veterans affairs, and the governor's alliance on substance abuse. Read first time and placed on the appropriations calendar. SENATE MESSAGES CONSIDERED Senate File 214, by Connolly, a bill for an act to provide greater protection for consumers who purchase or lease motor vehicles and providing effective dates. Read first time and referred to committee on transportation. Senate File 215, by Black, a bill for an act relating to agricultural management account moneys and county grants for private rural water well, testing, sealing, and closure. Read first time and passed on file. Senate File 225, by committee on local government, a bill for an act eliminating requirements for competitive bids regarding the printing of election ballots. Read first time and referred to committee on local government. Senate File 226, by committee on local government, a bill for an act relating to the disposition of valueless mobile homes, modular homes, and manufactured homes. Read first time and referred to committee on local government. Senate File 227, by committee on local government, a bill for an act providing for the compilation and dissemination of jail population reports. Read first time and referred to committee on local government. Senate File 228, by committee on local government, a bill for an act relating to the statewide notification center by providing that the center is subject to the open meetings and public records law, requiring certain financial information to be reported, establishing an audit requirement, and providing a penalty. Read first time and referred to committee on local government. Senate File 239, by Hansen, a bill for an act relating to the provision of mediation in dissolution of marriage proceedings. Read first time and referred to committee on judiciary. Senate File 278, by Black, a bill for an act providing that animals classified as ostriches, rheas, and emus are considered livestock. Read first time and passed on file. Senate File 280, by committee on local government, a bill for an act authorizing townships to provide emergency medical services. Read first time and referred to committee on local government. Senate File 311, by Tinsman, Kramer, Boettger, and Kibbie, a bill for an act relating to symbols indicating medical directives on a validation document for license renewal by mail and on a driver's license or nonoperator's identification card. Read first time and referred to committee on transportation. Senate File 314, by Fink, a bill for an act relating to enrollment in another district of an expelled or suspended student and providing an effective date. Read first time and referred to committee on education. Senate File 315, by Tinsman and Sorensen, a bill for an act relating to mental health and developmental disabilities assistance by extending a moratorium on the number of intermediate care facility for the mentally retarded beds and requiring certain reporting activities of the state-county management committee, and providing an effective date. Read first time and referred to committee on human resources. Senate File 320, by committee on commerce, a bill for an act relating to the regulation of state banks and other financial institutions by the division of banking of the department of commerce. Read first time and passed on file. CONSIDERATION OF BILLS Regular Calendar House File 420, a bill for an act creating an environmental audit privilege and providing penalties, was taken up for consideration. Rants of Woodbury 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?" (H.F. 420) The ayes were, 97: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Bell Brammer Welter The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 217, a bill for an act relating to education requirements for nurses, was taken up for consideration. Thomson of Linn 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?" (H.F. 217) The ayes were, 94: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Lamberti Larkin Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 3: Branstad Brunkhorst Kremer Absent or not voting, 3: Bell Brammer Larson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 170, a bill for an act relating to exempting employees of the state fair authority from the state merit personnel system, with report of committee recommending passage, was taken up for consideration. Disney of Polk 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?" (H.F. 170) The ayes were, 96: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 1: Doderer Absent or not voting, 3: Bell Brammer Hurley The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 170, 217 and 420. House File 277, a bill for an act concerning health care coverage availability to unemployed individuals, was taken up for consideration. Doderer of Johnson offered the following amendment H-3299 filed by her and Jacobs and moved its adoption: H-3299 1 Amend House File 277 as follows: 2 1. Page 1, by striking lines 2 through 8 and 3 inserting the following: "amended by striking the 4 subsection." Amendment H-3299 was adopted. Jacobs of Polk 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?" (H.F. 277) The ayes were, 98: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 2: Bell Brammer The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. House File 103, a bill for an act relating to the liability of persons involved in domesticated animal activities, with report of committee recommending passage, was taken up for consideration. Greig of Emmet 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?" (H.F. 103) The ayes were, 95: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Ertl Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, 2: Doderer Holveck Absent or not voting, 3: Bell Brammer Carroll The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 103 and 277. Gipp of Winneshiek in the chair at 9:46 a.m. House File 289, a bill for an act relating to solid waste tonnage fees, was taken up for consideration. Shoultz of Black Hawk offered the following amendment H-3401 filed by him and moved its adoption: H-3401 1 Amend House File 289 as follows: 2 1. Page 2, line 28, by striking the word "grant" 3 and inserting the following: "financial assistance". 4 2. Page 3, line 28, by striking the words 5 "landfill alternative grants" and inserting the 6 following: "landfill alternative grantsfunding 7 alternatives to landfills". 8 3. Page 3, line 29, by striking the figure "(2)" 9 and inserting the following: "(1)". 10 4. Page 4, line 29, by striking the words 11 "landfill alternative grants" and inserting the 12 following: "landfill alternative grantsfunding 13 alternatives to landfills". 14 5. Page 4, line 31, by striking the figure "(2)" 15 and inserting the following: "(1)". 16 6. Page 5, lines 4 and 5, by striking the words 17 "landfill alternative grants" and inserting the 18 following: "funding alternatives to landfills 19 pursuant to section 455E.11, subsection 2, paragraph 20 "a", subparagraph (1)". Amendment H-3401 was adopted. Meyer of Sac offered the following amendment H-3305 filed by him and moved its adoption: H-3305 1 Amend House File 289 as follows: 2 1. Page 3, line 7, by striking the word "may" and 3 inserting the following: "shall". Amendment H-3305 was adopted. Meyer of Sac 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?" (H.F. 289) The ayes were, 967: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Fallon Garman Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Gipp, Presiding The nays were, none. Absent or not voting, 4: Bell Brammer Carroll Rants The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House stood at ease at 10:00 a.m., until the fall of the gavel. The House resumed session at 10:10 a.m., Gipp of Winneshiek in the chair. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 289 be immediately messaged to the Senate. HOUSE FILES REFERRED The Speaker announced that the following bills presently on the calendar were referred as follows: House File 160, to committee on ways and means. House File 472, to committee on appropriations. House File 516, to committee on appropriations. Appropriations Calendar House File 336, a bill for an act making an appropriation to the department of human services for medical assistance for certain minors with mental retardation, and providing applicability and effective date provisions, was taken up for consideration. The House stood at ease at 10:13 a.m., until the fall of the gavel. The House resumed session at 11:27 a.m., Speaker Corbett in the chair. On motion by Siegrist of Pottawattamie, the House was recessed at 11:29 a.m., until 1:00 p.m. (House File 336 pending at recess) AFTERNOON SESSION The House reconvened at 1:15 p.m., Rants of Woodbury in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-five members present, thirty-five absent. BUSINESS PENDING AT RECESS Appropriations Calendar The House resumed consideration of House File 336, a bill for an act making an appropriation to the department of human services for medical assistance for certain minors with mental retardation, and providing applicability and effective date provisions, pending at recess. Hammitt of Harrison offered amendment H-3339 filed by her as follows: H-3339 1 Amend House File 336 as follows: 2 1. By striking everything after the enacting 3 clause and inserting the following: 4 "Section 1. MEDICAL ASSISTANCE COSTS FOR SERVICES 5 TO MINORS WITH MENTAL RETARDATION. There is 6 appropriated from the general fund of the state to the 7 department of human services for the fiscal year 8 beginning July 1, 1995, and ending June 30, 1996, the 9 following amount, or so much thereof as is necessary, 10 to be used for the purposes designated: 11 For the nonfederal share of the costs of services 12 provided to minors with mental retardation under 13 medical assistance in accordance with the provisions 14 of section 249A.12, subsection 4: 15 $ 6,600,000 16 Sec. 2. Section 123.38, unnumbered paragraph 2, 17 Code 1995, is amended to read as follows: 18 Any licensee or permittee, or the licensee's or 19 permittee's executor or administrator, or any person 20 duly appointed by the court to take charge of and 21 administer the property or assets of the licensee or 22 permittee for the benefit of the licensee's or 23 permittee's creditors, may voluntarily surrender a 24 license or permit to the division. When a license or 25 permit is surrendered the division shall notify the 26 local authority, and the division or the local 27 authority shall refund to the person surrendering the 28 license or permit, a proportionate amount of the fee 29 received by the division or the local authority for 30 the license or permit as follows: If a license or 31 permit is surrendered during the first three months of 32 the period for which it was issued, the refund shall 33 be three-fourths of the amount of the fee; if 34 surrendered more than three months but not more than 35 six months after issuance, the refund shall be one- 36 half of the amount of the fee; if surrendered more 37 than six months but not more than nine months after 38 issuance, the refund shall be one-fourth of the amount 39 of the fee. No refund shall be made, however, for any 40 special liquor permit, nor for a liquor control 41 license, wine permit, or beer permit surrendered more 42 than nine months after issuance. For purposes of this 43 paragraph, any portion of license or permit fees used 44 for the purposes authorized in section 331.424, 45 subsection 1, paragraphs "a",and "b", "c", "d","e",46"f", "g", and "h", and in section 331.438A, shall not 47 be deemed received either by the division or by a 48 local authority. No refund shall be made to any 49 licensee or permittee, upon the surrender of the 50 license or permit, if there is at the time of Page 2 1 surrender, a complaint filed with the division or 2 local authority, charging the licensee or permittee 3 with a violation of this chapter. If upon a hearing 4 on a complaint the license or permit is not revoked or 5 suspended, then the licensee or permittee is eligible, 6 upon surrender of the license or permit, to receive a 7 refund as provided in this section; but if the license 8 or permit is revoked or suspended upon hearing the 9 licensee or permittee is not eligible for the refund 10 of any portion of the license or permit fee. 11 Sec. 3. Section 218.99, Code 1995, is amended to 12 read as follows: 13 218.99 COUNTY AUDITORS TO BE NOTIFIED OF PATIENTS' 14 PERSONAL ACCOUNTS. 15 The administrator of a division of the department 16 of human services in control of a state institution 17 shall direct the business manager of each institution 18 under the administrator's jurisdiction which is 19 mentioned in section 331.424, subsection 1, paragraphs 20 "a"through "g"and "b" and for which services are 21 paid under section 331.438A to quarterly inform the 22 auditor of the county of legal settlement of any 23 patient or resident who has an amount in excess of two 24 hundred dollars on account in the patients' personal 25 deposit fund and the amount on deposit. The 26 administrators shall direct the business manager to 27 further notify the auditor of the county at least 28 fifteen days before the release of funds in excess of 29 two hundred dollars or upon the death of the patient 30 or resident. If the patient or resident has no county 31 of legal settlement, notice shall be made to the 32 director of the department of human services and the 33 administrator of the division of the department in 34 control of the institution involved. 35 Sec. 4. Section 222.60, Code 1995, is amended to 36 read as follows: 37 222.60 COSTS PAID BY COUNTY OR STATE. 38 All necessary and legal expenses for the cost of 39 admission or commitment or for the treatment, 40 training, instruction, care, habilitation, support and 41 transportation of patients, as provided for in the 42 county management plan provisions implemented pursuant 43 to section 331.439, subsection 1, in a state hospital- 44 school forthe mentally retardedpersons with mental 45 retardation, or in a special unit, or any public or 46 private facility within or without the state, approved 47 by the director of the department of human services, 48 shall be paid by either: 49 1. The county in whichsuch personthe patient has 50 legal settlement as defined in section 252.16. Page 3 1 2. The state whensuch personthe patient has no 2 legal settlement or whensuchlegal settlement is 3 unknown. 4 Sec. 5. Section 225C.4, subsection 2, paragraph b, 5 Code 1995, is amended to read as follows: 6 b. Establish mental health and mental retardation 7 services for all institutions under the control of the 8 director of human services and establish an autism 9 unit, following mutual planning with and consultation 10 from the medical director of the state psychiatric 11 hospital, at an institution or a facility administered 12 by the administrator to provide psychiatric and 13 related services and other specific programs to meet 14 the needs of autistic personsas defined in section15331.424, subsection 1, and to furnish appropriate 16 diagnostic evaluation services. 17 Sec. 6. Section 331.301, subsection 12, Code 1995, 18 is amended to read as follows: 19 12. The board of supervisors may credit funds to a 20 reserve for the purposes authorized by subsection 11 21 of this section; section 331.424, subsection 1, 22 paragraph"l""f"; and section 331.441, subsection 2, 23 paragraph "b". Moneys credited to the reserve, and 24 interest earned on such moneys, shall remain in the 25 reserve until expended for purposes authorized by 26 subsection 11 of this section; section 331.424, 27 subsection 1, paragraph"l""f"; or section 331.441, 28 subsection 2, paragraph "b". 29 Sec. 7. Section 331.424, subsection 1, Code 1995, 30 is amended to read as follows: 31 1. For general county services, an amount 32 sufficient to pay the charges for the following: 33 a. To the extent that the county is obligated by 34 statute to pay the charges for: 35(1) Care and treatment of patients by a state36mental health institute.37(2) Care and treatment of patients by either of38the state hospital-schools or by any other facility39established under chapter 222 and diagnostic40evaluation under section 222.31.41(3) Care and treatment of patients under chapter42225.43(4)(1) Care and treatment of persons at the 44 alcoholic treatment center at Oakdale. However, the 45 county may require that an admission to the center 46 shall be reported to the board by the center within 47 five days as a condition of the payment of county 48 funds for that admission. 49(5)(2) Care of children admitted or committed to 50 the Iowa juvenile home at Toledo. Page 4 1(6)(3) Clothing, transportation, medical, or 2 other services provided persons attending the Iowa 3 braille and sight saving school, the Iowa school for 4 the deaf, or the state hospital-school for severely 5 handicapped children at Iowa City, for which the 6 county becomes obligated to pay pursuant to sections 7 263.12, 269.2, and 270.4 through 270.7. 8b. To the extent that the board deems it advisable9to pay, the charges for professional evaluation,10treatment, training, habilitation, and care of persons11who are mentally retarded, autistic persons, or12persons who are afflicted by any other developmental13disability, at a suitable public or private facility14providing inpatient or outpatient care in the county.15As used in this paragraph:16(1) "Developmental disability" has the meaning17assigned that term by 42 U.S.C. sec. 6001(7) (1976),18Supp. II, 1978, and Supp. III, 1979.19(2) "Autistic persons" means persons, regardless20of age, with severe communication and behavior21disorders that became manifest during the early stages22of childhood development and that are characterized by23a severely disabling inability to understand,24communicate, learn, and participate in social25relationships. "Autistic persons" includes but is not26limited to those persons afflicted by infantile27autism, profound aphasia, and childhood psychosis.28c. Care and treatment of persons placed in the29county hospital, county care facility, a health care30facility as defined in section 135C.1, subsection 6,31or any other public or private facility, which32placement is in lieu of admission or commitment to or33is upon discharge, removal, or transfer from a state34mental health institute, hospital-school, or other35facility established pursuant to chapter 222.36d. Amounts budgeted by the board for the cost of37establishment and initial operation of a community38mental health center in the manner and subject to the39limitations provided by state law.40e.b. Foster care and related services provided 41 under court order to a child who is under the 42 jurisdiction of the juvenile court, including court- 43 ordered costs for a guardian ad litem under section 44 232.71. 45f. The care, admission, commitment, and46transportation of mentally ill patients in state47hospitals, to the extent that expenses for these48services are required to be paid by the county,49including compensation for the advocate appointed50under section 229.19.Page 5 1g. Amounts budgeted by the board for mental health2services or mental retardation services furnished to3persons on either an outpatient or inpatient basis, to4a school or other public agency, or to the community5at large, by a community mental health center or other6suitable facility located in or reasonably near the7county, provided that services meet the standards of8the mental health and developmental disabilities9commission created in section 225C.5 and are10consistent with the annual plan for services approved11by the board.12h. Reimbursement on behalf of mentally retarded13persons under section 249A.12.14i.c. Elections, and voter registration pursuant 15 to chapter 48A. 16j.d. Employee benefits under chapters 96, 97B, 17 and 97C, which are associated with salaries for 18 general county services. 19k.e. Joint county and city building authorities 20 established under section 346.27, as provided in 21 subsection 22 of that section. 22l.f. Tort liability insurance, property 23 insurance, and any other insurance that may be 24 necessary in the operation of the county, costs of a 25 self-insurance program, costs of a local government 26 risk pool, and amounts payable under any insurance 27 agreements to provide or procure such insurance, self- 28 insurance program, or local government risk pool. 29m.g. The maintenance and operation of the courts, 30 including but not limited to the salary and expenses 31 of the clerk of the district court and other employees 32 of the clerk's office, and bailiffs, court costs if 33 the prosecution fails or if the costs cannot be 34 collected from the person liable, costs and expenses 35 of prosecution under section 189A.17, salaries and 36 expenses of juvenile court officers under chapter 602, 37 court-ordered costs in domestic abuse cases under 38 section 236.5, the county's expense for confinement of 39 prisoners under chapter 356A, temporary assistance to 40 the county attorney, county contributions to a 41 retirement system for bailiffs, reimbursement for 42 judicial magistrates under section 602.6501, claims 43 filed under section 622.93, interpreters' fees under 44 section 622B.7, uniform citation and complaint 45 supplies under section 805.6, and costs of prosecution 46 under section 815.13. 47n.h. Court-ordered costs of conciliation 48 procedures under section 598.16. 49o.i. Establishment and maintenance of a joint 50 county indigent defense fund pursuant to an agreement Page 6 1 under section 28E.19. 2p.j. The maintenance and operation of a local 3 emergency management agency established pursuant to 4 chapter 29C. 5 The board may require a public or private facility, 6 as a condition of receiving payment from county funds 7 for services it has provided, to furnish the board 8 with a statement of the income, assets, and legal 9 residence including township and county of each person 10 who has received services from that facility for which 11 payment has been made from county funds under 12 paragraphs "a"through "h"and "b". However, the 13 facility shall not disclose to anyone the name or 14 street or route address of a person receiving services 15 for which commitment is not required, without first 16 obtaining that person's written permission. 17 Parents or other persons may voluntarily reimburse 18 the county or state for the reasonable cost of caring 19 for a patient or an inmate in a county or state 20 facility. 21 Sec. 8. Section 331.424, Code 1995, is amended by 22 adding the following new subsection: 23 NEW SUBSECTION. 1A. The maximum amount of 24 property tax dollars which may be certified by a 25 county for taxes levied under subsection 1 and payable 26 in the fiscal year beginning July 1, 1996, and 27 succeeding fiscal years shall not exceed the amount of 28 property tax dollars certified by the county for taxes 29 payable in the fiscal year beginning July 1, 1995, 30 minus an adjustment for the amounts levied by the 31 county under subsection 1 for mental health, mental 32 retardation, and developmental disabilities services 33 in the fiscal year beginning July 1, 1995. The 34 adjustment and maximum amount which may be levied by 35 the county shall be determined by the county auditor, 36 subject to the approval of the department of 37 management. A county which disagrees with the 38 adjustment and maximum amount proposed for the county 39 by the department of management may appeal the 40 determination to the state appeal board created in 41 section 24.26 which shall make a final determination. 42 Sec. 9. Section 331.426, subsection 1, Code 1995, 43 is amended by adding the following new paragraph: 44 NEW PARAGRAPH. h. An unusual need for a service 45 or cost paid from levies under section 331.424, 46 subsection 1, which would cause the total expenditures 47 of services and costs paid from those levies to exceed 48 the maximum levies authorized under section 331.424, 49 subsection 1A. 50 Sec. 10. Section 331.438, subsection 1, paragraph Page 7 1 b, Code 1995, is amended to read as follows: 2 b. "State payment" means the payment made by the 3 state under section 331.438A to a county determined to 4 be eligible for the payment in accordance with section 5 331.439.Except as modified based upon the actual6amount of the appropriation for purposes of state7payment under section 331.439, the amount of the state8payment for a fiscal year shall be calculated as fifty9percent of the amount by which the county's qualified10expenditures during the immediately preceding fiscal11year were in excess of the amount of the county's base12year expenditures.13 Sec. 11. Section 331.438, Code 1995, is amended by 14 adding the following new subsection: 15 NEW SUBSECTION. 1A. The state of Iowa shall 16 provide funding to counties for the costs of mental 17 health and mental retardation services so that over 18 the five-year period beginning July 1, 1995, and 19 ending June 30, 2000, the relative shares of the state 20 and counties for these expenditures shall become 21 either equal or greater for the state. 22 Sec. 12. Section 331.438, subsection 3, paragraph 23 c, Code 1995, is amended by adding the following new 24 subparagraph: 25 NEW SUBPARAGRAPH. (15) Consider tort and other 26 liability issues associated with a county managing 27 mental health, mental retardation, and developmental 28 disabilities services in accordance with a fixed 29 budget and make recommendations to address the issues. 30 Sec. 13. NEW SECTION. 331.438A STATE AND COUNTY 31 EXPENDITURES FOR MENTAL HEALTH, MENTAL RETARDATION, 32 AND DEVELOPMENTAL DISABILITIES ASSISTANCE -- FUND 33 CREATED. 34 1. The mental health, mental retardation, and 35 developmental disabilities property tax relief fund is 36 created in the office of the treasurer of state under 37 the authority of the department of revenue and 38 finance. The relief fund shall consist of moneys 39 appropriated to the fund and the amount of allocations 40 from the fund for property tax relief pursuant to 41 subsection 2 and for the adjustment factor pursuant to 42 subsection 5 shall be as specified in law by the 43 general assembly. 44 2. In each fiscal year, a county shall receive for 45 property tax relief the county's proportion of the 46 moneys in the relief fund allocated for property tax 47 relief. A county's proportion of the moneys shall be 48 equivalent to the sum of the following three factors: 49 a. One-third based upon the county's proportion of 50 the state's general population. Page 8 1 b. One-third based upon the county's proportion of 2 the state's total taxable property valuation assessed 3 for taxes payable in the previous fiscal year. 4 c. One-third based upon the county's proportion of 5 all counties' base year expenditures, as defined in 6 section 331.438. 7 3. The department of human services shall notify 8 the department of revenue and finance of the amount 9 due each county and the director of revenue and 10 finance shall draw warrants on the relief fund, 11 payable quarterly to the county treasurer in the 12 amount due a county in accordance with subsection 2, 13 and mail the warrants to county auditors by September 14 1, December 1, March 1, and June 1 of each year. 15 4. Before June 1, 1995, the director of human 16 services shall notify the county auditor of each 17 county of the amount of moneys the county will receive 18 from the relief fund for property tax relief pursuant 19 to subsection 2 in the succeeding fiscal year. For 20 the fiscal year beginning July 1, 1995, the department 21 of management shall reduce the amount of the county's 22 certified budget to be raised by property tax, for 23 that fiscal year by an amount equal to the amount the 24 county will receive from the relief fund for property 25 tax relief pursuant to subsection 2 and the department 26 of management shall determine the rate of taxation 27 necessary to raise the reduced amount. For subsequent 28 fiscal years, the levy for the mental health, mental 29 retardation, and developmental disabilities fund shall 30 be reduced by the county auditor and the board of 31 supervisors in the manner specified in section 32 331.424A. 33 5. In addition to moneys received by a county for 34 a fiscal year pursuant to subsection 2, the county may 35 be paid an adjustment factor payment for services 36 provided in accordance with the county's management 37 plan implemented pursuant to section 331.439 and paid 38 for from the county's services fund under section 39 331.424A. The amount of the adjustment factor payment 40 to a county is subject to the amount appropriated for 41 this purpose and shall be paid as provided by the 42 general assembly for that fiscal year. 43 6. The department of human services, in 44 consultation with the state-county management 45 committee, shall prescribe forms and adopt rules 46 pursuant to chapter 17A to administer this section. 47 Sec. 14. Section 331.439, Code 1995, is amended by 48 striking the section and inserting in lieu thereof the 49 following: 50 331.439 ELIGIBILITY FOR STATE PAYMENT. Page 9 1 1. The state payment to eligible counties under 2 this section shall be made as provided in section 3 331.438A. A county is eligible for the state payment, 4 as defined in section 331.438, for the fiscal year 5 beginning July 1, 1995, and for subsequent fiscal 6 years if the director of human services determines for 7 a specific fiscal year that all of the following 8 conditions are met: 9 a. The county accurately reported by October 15 10 the county's expenditures for mental health, mental 11 retardation, and developmental disabilities services 12 for the previous fiscal year on forms prescribed by 13 the department of human services. 14 b. The county developed and implemented a county 15 management plan for the county's mental health, mental 16 retardation, and developmental disabilities services 17 in accordance with the provisions of this paragraph. 18 The plan shall comply with the administrative rules 19 adopted for this purpose by the council on human 20 services and is subject to the approval of the 21 director of human services in consultation with the 22 state-county management committee created in section 23 331.438. The plan shall include a description of the 24 county's service management provision for mental 25 health, mental retardation, and developmental 26 disabilities services. The plan shall have the 27 following two parts: 28 (1) For mental health service management, the 29 county must contract with a state-approved managed 30 mental health care contractor or provide a comparable 31 system of managed care. For the fiscal year beginning 32 July 1, 1995, this part of the plan shall be submitted 33 by October 15, 1995, and the county shall implement 34 the approved plan by January 1, 1996. For subsequent 35 fiscal years, this part of the plan shall be submitted 36 to the department by April 1 for the succeeding fiscal 37 year. 38 (2) For mental retardation and developmental 39 disabilities services management, the county must 40 contract with a state-approved managed care contractor 41 or develop and implement a managed system of care 42 which addresses a full array of appropriate services 43 and cost-effective delivery of services. The managed 44 system of care shall incorporate a single entry point 45 process developed in accordance with the provisions of 46 section 331.440. The elements of the managed system 47 of care shall be specified in rules developed by the 48 department in consultation with the state-county 49 management committee and adopted by the council on 50 human services. The county shall implement either the Page 10 1 state-approved contract or implement a comparable 2 system of care within six months of the date by which 3 the department approves a managed care contractor. In 4 fiscal years succeeding the fiscal year of initial 5 implementation this part of the plan shall be 6 submitted to the department of human services by April 7 1 for the succeeding fiscal year. 8 c. Changes to the approved plan are submitted 9 sixty days prior to the proposed change and are not to 10 be implemented prior to the director of human 11 services' approval. 12 2. The county management plan shall address the 13 county's criteria for serving persons with chronic 14 mental illness, including any rationale used for 15 decision making regarding this population. 16 3. If funding is available under the fixed budget, 17 a county that has not provided services to a service 18 population which is not included in the service 19 management provisions required under subsection 1, may 20 provide such services. 21 4. For the fiscal year beginning July 1, 1996, and 22 succeeding fiscal years, implementation of the county 23 management plan is subject to a fixed budget 24 consisting of the moneys deposited by the state and 25 county in the county mental health, mental 26 retardation, and developmental disabilities services 27 fund created in section 331.424A. The amount of the 28 fixed budget shall be the amount specified for the 29 fiscal year in the county's management plan and 30 budgeted for such services. 31 5. A county shall implement the county's 32 management plan in a manner so as to provide adequate 33 funding for the entire fiscal year by budgeting for 34 ninety-nine percent of the funding anticipated to be 35 available for the plan. 36 6. A county's implementation of the service 37 management provisions required under subsection 1 for 38 mental health, mental retardation, and developmental 39 disabilities shall incorporate the single entry point 40 process described in section 331.440. 41 7. The basis for determining whether a managed 42 care system for mental health proposed by a county is 43 comparable to a managed care contractor approved by 44 the department of human services shall include but is 45 not limited to all of the following elements which 46 shall be specified in administrative rules adopted by 47 the department in consultation with the state-county 48 management committee: 49 a. The enrollment and eligibility process. 50 b. The scope of services included. Page 11 1 c. The method of plan administration. 2 d. The process for managing utilization and access 3 to services and other assistance. 4 e. The quality assurance process. 5 f. The risk management provisions and fiscal 6 viability of the provisions. 7 8. The director's approval of a county's mental 8 health, mental retardation, and developmental 9 disabilities services management plan shall not be 10 construed to constitute certification of the county's 11 budget. 12 Sec. 15. Section 331.440, subsection 1, Code 1995, 13 is amended by adding the following new paragraph: 14 NEW PARAGRAPH. c. The single entry point process 15 shall include provision for the county's participation 16 in a management information system developed in 17 accordance with rules adopted pursuant to subsection 18 3. 19 Sec. 16. NEW SECTION. 331.424A MENTAL HEALTH, 20 MENTAL RETARDATION, AND DEVELOPMENTAL DISABILITIES 21 SERVICES FUND. 22 1. For the purposes of this chapter, unless the 23 context otherwise requires, "services fund" means the 24 county mental health, mental retardation, and 25 developmental disabilities services fund created in 26 subsection 2. 27 2. For the fiscal year beginning July 1, 1996, and 28 succeeding fiscal years, county revenues from taxes 29 and other sources designated for mental health, mental 30 retardation, and developmental disabilities services 31 shall be credited to the mental health, mental 32 retardation, and developmental disabilities services 33 fund of the county. The board shall make 34 appropriations from the fund for payment of services 35 provided under the county management plan approved 36 pursuant to section 331.439. 37 3. For the fiscal year beginning July 1, 1996, and 38 succeeding fiscal years, receipts from the state or 39 federal government for such services shall be credited 40 to the services fund, including but not limited to 41 moneys received by a county under section 331.438A. 42 4. For the fiscal year beginning July 1, 1996, and 43 for each subsequent fiscal year, the county may 44 certify a levy for payment of services. Unless 45 otherwise provided by state law, for each fiscal year, 46 county revenues from taxes imposed by the county 47 credited to the services fund shall not exceed an 48 amount equal to the amount of base year expenditures 49 from property taxes imposed by the county and paid for 50 services in the fiscal year beginning July 1, 1993, Page 12 1 and ending June 30, 1994, as defined in section 2 331.438, less the amount of property tax relief to be 3 received pursuant to section 331.438A in the fiscal 4 year for which the budget is certified. The county 5 auditor and the board of supervisors shall reduce the 6 amount of the levy certified under this section by the 7 amount of property tax relief to be received. 8 5. Appropriations specifically authorized to be 9 made from the mental health, mental retardation, and 10 disabilities services fund shall not be made from the 11 general fund of the county. 12 Sec. 17. Section 444.25A, subsection 1, Code 1995, 13 is amended to read as follows: 14 1. COUNTY LIMITATION. The maximum amount of 15 property tax dollars which may be certified by a 16 county for taxes payable in the fiscal year beginning 17 July 1, 1995, shall not exceed the amount of property 18 tax dollars certified by the county for taxes payable 19 in the fiscal year beginning July 1, 1994, minus the 20 amount of the property tax relief payment to be 21 received by the county for the fiscal year beginning 22 July 1, 1995, pursuant to section 331.438A, subsection 23 2, and the maximum amount of property tax dollars 24 which may be certified by a county for taxes payable 25 in the fiscal year beginning July 1, 1996, shall not 26 exceed the amount of property tax dollars certified by 27 the county for taxes payable in the fiscal year 28 beginning July 1, 1995, minus the amount by which the 29 property tax relief payment to be received by the 30 county in the fiscal year beginning July 1, 1996, 31 exceeds the amount of the property tax relief payment 32 received in the fiscal year beginning July 1, 1995, 33 pursuant to section 331.438A, subsection 2, for each 34 of the levies for the following, except for the levies 35 on the increase in taxable valuation due to new 36 construction, additions or improvements to existing 37 structures, remodeling of existing structures for 38 which a building permit is required, annexation, and 39 phasing out of tax exemptions, and on the increase in 40 valuation of taxable property as a result of a 41 comprehensive revaluation by a private appraiser under 42 a contract entered into prior to January 1, 1992, or 43 as a result of a comprehensive revaluation directed or 44 authorized by the conference board prior to January 1, 45 1992, with documentation of the contract, 46 authorization, or directive on the revaluation 47 provided to the director of revenue and finance, if 48 the levies are equal to or less than the levies for 49 the previous year, levies on that portion of the 50 taxable property located in an urban renewal project Page 13 1 the tax revenues from which are no longer divided as 2 provided in section 403.19, subsection 2, or as 3 otherwise provided in this section: 4 a. General county services under section 331.422, 5 subsection 1. 6 b. Rural county services under section 331.422, 7 subsection 2. 8 c. Other taxes under section 331.422, subsection 9 4. 10 Sec. 18. Section 444.25A, subsection 3, paragraph 11 b, subparagraph (3), Code 1995, is amended to read as 12 follows: 13 (3) Need for additional moneys for health care, 14 treatment, and facilities, includingmental health and15mental retardation care andtreatment pursuant to 16 section 331.424, subsection 1, paragraphs "a"through17"h"and "b". 18 Sec. 19. NEW SECTION. 444.25B PROPERTY TAX 19 LIMITATIONS FOR 1998 AND 1999 FISCAL YEARS. 20 1. COUNTY LIMITATION. The maximum amount of 21 property tax dollars which may be certified by a 22 county for taxes payable in the fiscal year beginning 23 July 1, 1997, shall not exceed the amount of property 24 tax dollars certified by the county for taxes payable 25 in the fiscal year beginning July 1, 1996, minus the 26 amount by which the property tax relief payment to be 27 received by the county in the fiscal year beginning 28 July 1, 1997, exceeds the amount of the property tax 29 relief payment received by the county in the fiscal 30 year beginning July 1, 1996, pursuant to section 31 331.438A, subsection 2, and 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, 1998, 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, 1997, 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, 1998, exceeds the amount of the property tax 40 relief payment received by the county in the fiscal 41 year beginning July 1, 1997, pursuant to section 42 331.438A, subsection 2, for each of the levies for the 43 following, except for the levies on the increase in 44 taxable valuation due to new construction, additions 45 or improvements to existing structures, remodeling of 46 existing structures for which a building permit is 47 required, annexation, and phasing out of tax 48 exemptions, and on the increase in valuation of 49 taxable property as a result of a comprehensive 50 revaluation by a private appraiser under a contract Page 14 1 entered into prior to January 1, 1992, or as a result 2 of a comprehensive revaluation directed or authorized 3 by the conference board prior to January 1, 1992, with 4 documentation of the contract, authorization, or 5 directive on the revaluation provided to the director 6 of revenue and finance, if the levies are equal to or 7 less than the levies for the previous year, levies on 8 that portion of the taxable property located in an 9 urban renewal project the tax revenues from which are 10 no longer divided as provided in section 403.19, 11 subsection 2, or as otherwise provided in this 12 section: 13 a. General county services under section 331.422, 14 subsection 1. 15 b. Rural county services under section 331.422, 16 subsection 2. 17 c. Other taxes under section 331.422, subsection 18 4. 19 2. EXCEPTIONS. The limitations provided in 20 subsection 1 do not apply to the levies made for the 21 following: 22 a. Debt service to be deposited into the debt 23 service fund pursuant to section 331.430. 24 b. Taxes approved by a vote of the people which 25 are payable during the fiscal year beginning July 1, 26 1997, or July 1, 1998. 27 c. Hospitals pursuant to chapters 37, 347, and 28 347A. 29 d. Emergency management to be deposited into the 30 local emergency management fund and expended for 31 development of hazardous substance teams pursuant to 32 chapter 29C. 33 e. Unusual need for additional moneys to finance 34 existing programs which would provide substantial 35 benefit to county residents or compelling need to 36 finance new programs which would provide substantial 37 benefit to county residents. The increase in taxes 38 levied under this exception for the fiscal year 39 beginning July 1, 1997, is limited to no more than the 40 product of the total tax dollars levied in the fiscal 41 year beginning July 1, 1996, and the percent change, 42 computed to two decimal places, in the price index for 43 government purchases by type for state and local 44 governments computed for the third quarter of calendar 45 year 1996 from that computed for the third quarter of 46 calendar year 1995. The increase in taxes levied 47 under this exception for the fiscal year beginning 48 July 1, 1998, is limited to no more than the product 49 of the total tax dollars levied in the fiscal year 50 beginning July 1, 1997, and the percent change, Page 15 1 computed to two decimal places, in the price index for 2 government purchases by type for state and local 3 governments computed for the third quarter of calendar 4 year 1997 from that computed for the third quarter of 5 calendar year 1996. 6 For purposes of this paragraph, the price index for 7 government purchases by type for state and local 8 governments is defined by the bureau of economic 9 analysis of the United States department of commerce 10 and published in table 7.11 of the national income and 11 products accounts. For the fiscal years beginning 12 July 1, 1997, and July 1, 1998, the price index used 13 shall be the revision published in the November 1996 14 and November 1997 issues, respectively, of the United 15 States department of commerce publication, "survey of 16 current business". For purposes of this paragraph, 17 tax dollars levied in the fiscal years beginning July 18 1, 1996, and July 1, 1997, shall not include funds 19 levied for paragraphs "a", "b", and "c" of this 20 subsection. 21 Application of this exception shall require an 22 original publication of the budget and a public 23 hearing and a second publication and a second hearing 24 both in the manner and form prescribed by the director 25 of the department of management, notwithstanding the 26 provisions of section 331.434. The publications and 27 hearings prescribed in this paragraph shall be held 28 and the budget certified no later than March 15. The 29 taxes levied for counties whose budgets are certified 30 after March 15, 1997, shall be frozen at the fiscal 31 year beginning July 1, 1996, level, and the taxes 32 levied for counties whose budgets are certified after 33 March 15, 1998, shall be frozen at the fiscal year 34 beginning July 1, 1997, level. 35 3. APPEAL PROCEDURES. In lieu of the procedures 36 in sections 24.48 and 331.426, which procedures do not 37 apply for taxes payable in the fiscal years beginning 38 July 1, 1997, and July 1, 1998, if a county needs to 39 raise property tax dollars from a tax levy in excess 40 of the limitations imposed by subsection 1, the 41 following procedures apply: 42 a. Not later than March 1, and after the 43 publication and public hearing on the budget in the 44 manner and form prescribed by the director of the 45 department of management, notwithstanding section 46 331.434, the county shall petition the state appeal 47 board for approval of a property tax increase in 48 excess of the increase provided for in subsection 2, 49 paragraph "e", on forms furnished by the director of 50 the department of management. Applications received Page 16 1 after March 1 shall be automatically ineligible for 2 consideration by the board. 3 b. Additional costs incurred by the county due to 4 any of the following circumstances shall be the basis 5 for justifying the excess in property tax dollars: 6 (1) Natural disaster or other life-threatening 7 emergencies. 8 (2) 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. 13 (3) Need for additional moneys for health care, 14 treatment, and facilities pursuant to section 331.424, 15 subsection 1, paragraphs "a" and "b". 16 (4) Judgments, settlements, and related costs 17 arising out of civil claims against the county and its 18 officers, employees, and agents, as defined in chapter 19 670. 20 c. The state appeal board shall approve, 21 disapprove, or reduce the amount of excess property 22 tax dollars requested. The board shall take into 23 account the intent of this section to provide property 24 tax relief. The decision of the board shall be 25 rendered at a regular or special meeting of the board 26 within twenty days of the board's receipt of an 27 appeal. 28 d. Within seven days of receipt of the decision of 29 the state appeal board, the county shall adopt and 30 certify its budget under section 331.434, which budget 31 may be protested as provided in section 331.436. The 32 budget shall not contain an amount of property tax 33 dollars in excess of the amount approved by the state 34 appeal board. 35 4. Rate adjustment by county auditor. In addition 36 to the requirement of the county auditor in section 37 444.3 to establish a rate of tax which does not exceed 38 the rate authorized by law, the county auditor shall 39 also adjust the rate if the amount of property tax 40 dollars to be raised is in excess of the amount 41 specified in subsection 1, as may be adjusted pursuant 42 to subsection 3. 43 Sec. 20. NEW SECTION. 444.25C PROPERTY TAX 44 LIMITATION FOR FISCAL YEAR 2000. 45 1. COUNTY LIMITATION. The maximum amount of 46 property tax dollars which may be certified by a 47 county for taxes payable in the fiscal year beginning 48 July 1, 1999, shall not exceed the amount of property 49 tax dollars certified by the county for taxes payable 50 in the fiscal year beginning July 1, 1998, minus the Page 17 1 difference between the amount by which the property 2 tax relief payment to be received by the county in the 3 fiscal year beginning July 1, 1999, exceeds the amount 4 of the property tax relief payment received by the 5 county in the fiscal year beginning July 1, 1998, 6 pursuant to section 331.438A, subsection 2, for each 7 of the levies for the following, except for the levies 8 on the increase in taxable valuation due to new 9 construction, additions or improvements to existing 10 structures, remodeling of existing structures for 11 which a building permit is required, annexation, and 12 phasing out of tax exemptions, and on the increase in 13 valuation of taxable property as a result of a 14 comprehensive revaluation by a private appraiser under 15 a contract entered into prior to January 1, 1992, or 16 as a result of a comprehensive revaluation directed or 17 authorized by the conference board prior to January 1, 18 1992, with documentation of the contract, 19 authorization, or directive on the revaluation 20 provided to the director of revenue and finance, if 21 the levies are equal to or less than the levies for 22 the previous year, levies on that portion of the 23 taxable property located in an urban renewal project 24 the tax revenues from which are no longer divided as 25 provided in section 403.19, subsection 2, or as 26 otherwise provided in this section: 27 a. General county services under section 331.422, 28 subsection 1. 29 b. Rural county services under section 331.422, 30 subsection 2. 31 c. Other taxes under section 331.422, subsection 32 4. 33 2. EXCEPTIONS. The limitations provided in 34 subsection 1 do not apply to the levies made for the 35 following: 36 a. Debt service to be deposited into the debt 37 service fund pursuant to section 331.430. 38 b. Taxes approved by a vote of the people which 39 are payable during the fiscal year beginning July 1, 40 1999, or July 1, 2000. 41 c. Hospitals pursuant to chapters 37, 347, and 42 347A. 43 d. Emergency management to be deposited into the 44 local emergency management fund and expended for 45 development of hazardous substance teams pursuant to 46 chapter 29C. 47 e. Unusual need for additional moneys to finance 48 existing programs which would provide substantial 49 benefit to county residents or compelling need to 50 finance new programs which would provide substantial Page 18 1 benefit to county residents. The increase in taxes 2 levied under this exception for the fiscal year 3 beginning July 1, 1999, is limited to no more than the 4 product of the total tax dollars levied in the fiscal 5 year beginning July 1, 1998, and the percent change, 6 computed to two decimal places, in the price index for 7 government purchases by type for state and local 8 governments computed for the third quarter of calendar 9 year 1998 from that computed for the third quarter of 10 calendar year 1997. 11 For purposes of this paragraph, the price index for 12 government purchases by type for state and local 13 governments is defined by the bureau of economic 14 analysis of the United States department of commerce 15 and published in table 7.11 of the national income and 16 products accounts. For the fiscal year beginning July 17 1, 1999, the price index used shall be the revision 18 published in the November 1998 of the United States 19 department of commerce publication, "survey of current 20 business". For purposes of this paragraph, tax 21 dollars levied in the fiscal year beginning July 1, 22 1998, shall not include funds levied for paragraphs 23 "a", "b", and "c" of this subsection. 24 Application of this exception shall require an 25 original publication of the budget and a public 26 hearing and a second publication and a second hearing 27 both in the manner and form prescribed by the director 28 of the department of management, notwithstanding the 29 provisions of section 331.434. The publications and 30 hearings prescribed in this paragraph shall be held 31 and the budget certified no later than March 15. The 32 taxes levied for counties whose budgets are certified 33 after March 15, 1999, shall be frozen at the fiscal 34 year beginning July 1, 1998, level. 35 3. APPEAL PROCEDURES. In lieu of the procedures 36 in sections 24.48 and 331.426, which procedures do not 37 apply for taxes payable in the fiscal year beginning 38 July 1, 1999, if a county needs to raise property tax 39 dollars from a tax levy in excess of the limitations 40 imposed by subsection 1, the following procedures 41 apply: 42 a. Not later than March 1, and after the 43 publication and public hearing on the budget in the 44 manner and form prescribed by the director of the 45 department of management, notwithstanding section 46 331.434, the county shall petition the state appeal 47 board for approval of a property tax increase in 48 excess of the increase provided for in subsection 2, 49 paragraph "e", on forms furnished by the director of 50 the department of management. Applications received Page 19 1 after March 1 shall be automatically ineligible for 2 consideration by the board. 3 b. Additional costs incurred by the county due to 4 any of the following circumstances shall be the basis 5 for justifying the excess in property tax dollars: 6 (1) Natural disaster or other life-threatening 7 emergencies. 8 (2) 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. 13 (3) Need for additional moneys for health care, 14 treatment, and facilities pursuant to section 331.424, 15 subsection 1, paragraphs "a" and "b". 16 (4) Judgments, settlements, and related costs 17 arising out of civil claims against the county and its 18 officers, employees, and agents, as defined in chapter 19 670. 20 c. The state appeal board shall approve, 21 disapprove, or reduce the amount of excess property 22 tax dollars requested. The board shall take into 23 account the intent of this section to provide property 24 tax relief. The decision of the board shall be 25 rendered at a regular or special meeting of the board 26 within twenty days of the board's receipt of an 27 appeal. 28 d. Within seven days of receipt of the decision of 29 the state appeal board, the county shall adopt and 30 certify its budget under section 331.434, which budget 31 may be protested as provided in section 331.436. The 32 budget shall not contain an amount of property tax 33 dollars in excess of the amount approved by the state 34 appeal board. 35 4. Rate adjustment by county auditor. In addition 36 to the requirement of the county auditor in section 37 444.3 to establish a rate of tax which does not exceed 38 the rate authorized by law, the county auditor shall 39 also adjust the rate if the amount of property tax 40 dollars to be raised is in excess of the amount 41 specified in subsection 1, as may be adjusted pursuant 42 to subsection 3. 43 Sec. 21. Section 444.27, Code 1995, is amended to 44 read as follows: 45 444.27 SECTIONS VOID. 46 1. For purposes of section 444.25, sections 24.48 47 and 331.426 are void for the fiscal years beginning 48 July 1, 1993, and July 1, 1994. For purposes of 49 section 444.25A, sections 24.48 and 331.426 are void 50 for the fiscal years beginning July 1, 1995, and July Page 20 1 1, 1996. 2 2. For purposes of sections 444.25B and 444.25C, 3 sections 24.48 and 331.426 are void for the fiscal 4 years beginning July 1, 1997, July 1, 1998, and July 5 1, 1999. 6 Sec. 22. Section 445.23, Code 1995, is amended to 7 read as follows: 8 445.23 STATEMENT OF TAXES DUE. 9 1.Upon request, theThe county treasurer shall 10 state in writing the full amount of taxes against a 11 parcel, all sales for unpaid taxes, and the amount 12 needed to redeem the parcel, if redeemable. If the 13 person requesting the statement is not the titleholder 14 of record or contract holder of record of the parcel, 15 that person shall pay a fee at the rate of two dollars 16 per parcel for each year for which information is 17 requested, and the money shall be deposited in the 18 county general fund. 19 2. The county treasurer shall include in a 20 prominent place on the tax statement the amount of 21 each of the following state tax credits that apply to 22 the parcel and amount by which each credit reduced the 23 taxes due on the parcel: 24 a. Homestead credit under chapter 425. 25 b. Military service credit under chapter 426A. 26 c. Extraordinary credit under chapter 425. 27 d. Mental health, mental retardation, and de- 28 velopmental disabilities property tax relief under 29 section 331.438A. 30 e. Farm tax credit under chapter 426. 31 Sec. 23. REPEAL. 1994 Iowa Acts, chapter 1163, 32 section 8, is repealed. 33 Sec. 24. DEPARTMENT OF HUMAN SERVICES -- ICFMR 34 REQUIREMENT. The department of human services shall 35 consult with the department of inspections and 36 appeals, the Iowa state association of counties, and 37 the Iowa association of rehabilitation and residential 38 facilities in adopting administrative rules 39 identifying optimum staffing ratios for intermediate 40 care facilities for the mentally retarded (ICFMR). 41 The administrative rules shall be implemented on or 42 before January 1, 1996. 43 Sec. 25. COUNTY ADJUSTMENT FACTOR PAYMENT -- 44 FISCAL YEAR 1995-1996. 45 1. For the fiscal year beginning July 1, 1995, the 46 adjustment factor payment from the mental health, 47 mental retardation, and developmental disabilities 48 property tax relief fund specified in section 331.438A 49 shall be paid as provided in this section. An 50 eligible county may apply to the department of human Page 21 1 services for an adjustment factor payment to reimburse 2 costs paid by the county in that fiscal year for 3 services to persons with mental illness, mental 4 retardation, or developmental disabilities in 5 accordance with the county's management plan approved 6 pursuant to section 331.439. Eligible costs shall be 7 limited to eligible consumers of services who were not 8 served in the previous fiscal year, unusual cost 9 increases, service cost inflation, and investments for 10 quality and efficiency improvements. Reimbursement 11 shall not be provided from the fund for applications 12 received after August 10, 1995. 13 2. Payment from the fund shall be limited to the 14 amount designated for this purpose and if applications 15 received exceed the available funding, payments shall 16 be prorated. The department of human services shall 17 notify the director of revenue and finance of the 18 amounts due a county under this section. The director 19 shall draw warrants on the relief fund payable to the 20 county treasurer in the amount due to each county. 21 The warrants shall be paid in a timely manner to 22 enable the county to accrue the payment in the 23 county's 1995-1996 fiscal year. 24 3. Notwithstanding section 8.33, moneys in the 25 relief fund allocated for the adjustment payment which 26 remain unobligated or unexpended at the close of the 27 fiscal year ending June 30, 1996, shall not revert to 28 the general fund of the state but shall remain 29 available for adjustment payments in the succeeding 30 fiscal year. 31 Sec. 26. INTERIM COMMITTEE CREATED. The 32 legislative council is requested to establish an 33 interim committee comprised of members of the general 34 assembly with the charge of developing a system to 35 regulate and contain county expenditures for mental 36 health, mental retardation, and developmental 37 disabilities services and to develop a formula for 38 distribution of property tax relief moneys to counties 39 under section 331.438A, subsection 2. In addition, 40 the committee should consider proposals from counties 41 and other interested persons for a distribution 42 formula factor which rewards or provides incentives 43 for economy and efficiency in providing mental health, 44 mental retardation, and developmental disabilities 45 services; and a mechanism for a county to appeal to 46 the state if it is believed the county is unfairly 47 treated under an established funding formula. The 48 committee should be directed to report to the governor 49 and the general assembly prior to the 1996 legislative 50 session. Page 22 1 Sec. 27. FUNDING OF SESSION LAW REQUIREMENTS. If 2 section 1 of this Act is enacted on or before March 3 31, 1995, the requirements of 1994 Iowa Acts, chapter 4 1163, section 8, subsection 1, to enact an 5 appropriation to fully fund the provisions of section 6 249A.12, subsection 4, shall be considered to be met 7 and the repeals contained in 1994 Iowa Acts, chapter 8 1163, section 8, subsection 1, shall be void. 9 Sec. 28. EFFECTIVE DATES. 10 1. Sections 2, 3, 4, 5, and 6 of this division of 11 this Act take effect July 1, 1996. 12 2. Sections 7, 8, 9, 16, and 18 of this Act take 13 effect January 1, 1996, and are applicable to taxes 14 paid in the fiscal year beginning July 1, 1996, and 15 succeeding fiscal years. 16 3. The remainder of this Act, being deemed of 17 immediate importance, takes effect upon enactment." 18 2. Title page, by striking lines 1 through 4 and 19 inserting the following: "An Act relating to funding 20 and levies for mental health, mental retardation, and 21 developmental disabilities services, providing an 22 appropriation, and providing effective dates and 23 applicability provisions." Halvorson of Clayton offered amendment H-3405, to amendment H-3339, filed by Halvorson, Rants, Gipp, Coon, Larson, Veenstra, Thomson, Nutt, Salton, Huseman, Sukup, Boddicker, Main, Houser, Boggess, Carroll, Millage, Weidman, Hammitt, Gries, Arnold, Brauns, Drake, Harrison, Welter, Martin, Hanson, Cornelius, Tyrrell, Meyer, Grubbs, Hurley, Daggett, Eddie, Greiner, Branstad, Siegrist, Lamberti, Heaton, Renken, Cormack, Vande Hoef, Van Fossen, and Garman, from the floor as follows: H-3405 1 Amend the amendment, H-3339, to House File 336 as 2 follows: 3 1. Page 1, by striking line 4 and inserting the 4 following: 5 "DIVISION I 6 PROPERTY TAX-RELATED PROVISIONS 7 Sec. ___. MENTAL HEALTH, MENTAL RETARDATION, AND 8 DEVELOPMENTAL DISABILITIES PROPERTY TAX RELIEF FUND. 9 There is appropriated from the general fund of the 10 state to the department of mental health, mental 11 retardation, and developmental disabilities property 12 tax relief fund for the fiscal year beginning July 1, 13 1995, and ending June 30, 1996, the following amount, 14 or so much thereof as is necessary, to be used for the 15 purposes designated: 16 For property tax relief in accordance with the 17 provisions of section 331.438A, subsection 2: 18 .................................................. $ 54,400,000 19 Sec. 2. MEDICAL ASSISTANCE COSTS FOR SERVICES". 20 2. Page 12, line 10, by inserting before the word 21 "disabilities" the following: "developmental". 22 3. By striking page 20, line 43, through page 21, 23 line 30. 24 4. Page 22, line 2, by striking the words and 25 figure "section 1 of this Act" and inserting the 26 following: "section 2 of this division of this Act". 27 5. Page 22, line 12, by inserting after the word 28 "of" the following: "this division of". 29 6. Page 22, by striking lines 16 and 17 and 30 inserting the following: 31 "3. The remainder of this division of this Act, 32 being deemed of immediate importance, takes effect 33 upon enactment. 34 DIVISION II 35 SUBCHAPTER S CORPORATIONS 36 Sec. ___. Section 422.5, subsection 1, paragraph 37 j, Code 1995, is amended by adding the following new 38 unnumbered paragraph: 39 NEW UNNUMBERED PARAGRAPH. The tax imposed upon the 40 taxable income of a resident shareholder in a 41 corporation which has in effect for the tax year an 42 election under subchapter S of the Internal Revenue 43 Code and carries on business within and without the 44 state shall be computed by reducing the amount 45 determined pursuant to paragraphs "a" through "i" by 46 the amounts of nonrefundable credits under this 47 division and by multiplying this resulting amount by a 48 fraction of which the resident's net income allocated 49 to Iowa, as determined in section 422.8, subsection 2, 50 paragraph "b", is the numerator and the resident's Page 2 1 total net income computed under section 422.7 is the 2 denominator. This paragraph also applies to 3 individuals who are residents of Iowa for less than 4 the entire tax year. 5 Sec. ___. Section 422.5, subsection 1, paragraph 6 k, unnumbered paragraph 4, Code 1995, is amended to 7 read as follows: 8 In the case of a resident, including a resident 9 estate or trust, the state's apportioned share of the 10 state alternative minimum tax is one hundred percent 11 of the state alternative minimum tax computed in this 12 subsection. In the case of a resident or part year 13 resident shareholder in a corporation which has in 14 effect for the tax year an election under subchapter S 15 of the Internal Revenue Code and carries on business 16 within and without the state, a nonresident, including 17 a nonresident estate or trust, or an individual, 18 estate, or trust that is domiciled in the state for 19 less than the entire tax year, the state's apportioned 20 share of the state alternative minimum tax is the 21 amount of tax computed under this subsection, reduced 22 by the applicable credits in sections 422.10 through 23 422.12 and this result multiplied by a fraction with a 24 numerator of the sum of state net income allocated to 25 Iowa as determined in section 422.8, subsection 2, 26 paragraph "a" or "b" as applicable, plus tax 27 preference items, adjustments, and losses under 28 subparagraph (1) attributable to Iowa and with a 29 denominator of the sum of total net income computed 30 under section 422.7 plus all tax preference items, 31 adjustments, and losses under subparagraph (1). In 32 computing this fraction, those items excludable under 33 subparagraph (1) shall not be used in computing the 34 tax preference items. Married taxpayers electing to 35 file separate returns or separately on a combined 36 return must allocate the minimum tax computed in this 37 subsection in the proportion that each spouse's 38 respective preference items, adjustments, and losses 39 under subparagraph (1) bear to the combined preference 40 items, adjustments, and losses under subparagraph (1) 41 of both spouses. 42 Sec. ___. Section 422.8, subsection 2, Code 1995, 43 is amended to read as follows: 44 2. a. Nonresident's net income allocated to Iowa 45 is the net income, or portion thereof, which is 46 derived from a business, trade, profession, or 47 occupation carried on within this state or income from 48 any property, trust, estate, or other source within 49 Iowa. However, income derived from a business, trade, 50 profession, or occupation carried on within this state Page 3 1 and income from any property, trust, estate, or other 2 source within Iowa shall not include distributions 3 from pensions, including defined benefit or defined 4 contribution plans, annuities, individual retirement 5 accounts, and deferred compensation plans or any 6 earnings attributable thereto so long as the 7 distribution is directly related to an individual's 8 documented retirement and received while the 9 individual is a nonresident of this state. If a 10 business, trade, profession, or occupation is carried 11 on partly within and partly without the state, only 12 the portion of the net income which is fairly and 13 equitably attributable to that part of the business, 14 trade, profession, or occupation carried on within the 15 state is allocated to Iowa for purposes of section 16 422.5, subsection 1, paragraph "j", and section 422.13 17 and income from any property, trust, estate, or other 18 source partly within and partly without the state is 19 allocated to Iowa in the same manner, except that 20 annuities, interest on bank deposits and interest- 21 bearing obligations, and dividends are allocated to 22 Iowa only to the extent to which they are derived from 23 a business, trade, profession, or occupation carried 24 on within the state. 25 b. A resident's income allocable to Iowa is the 26 income determined under section 422.7 reduced by items 27 of income and expenses from a subchapter S corporation 28 which pass directly to the shareholders under 29 provisions of the Internal Revenue Code and increased 30 by the greater of the following: 31 (1) The net income or loss of the corporation 32 which is fairly and equitably attributable to this 33 state under section 422.33, subsections 2 and 3. 34 (2) The taxpayer's pro rata share of an amount 35 deemed distributed to shareholders which when added to 36 the salaries, wages, or other compensation for 37 services performed by all shareholders will equal ten 38 percent of the net income of the corporation computed 39 in accordance with section 422.35 and considering 40 items of income and expense which pass directly to the 41 shareholders under provisions of the Internal Revenue 42 Code before deduction of shareholder's salaries, 43 wages, or other compensation for services performed. 44 (3) Any cash or the value of any property 45 distributions made to the extent they are paid from 46 income upon which Iowa income tax has not been paid as 47 determined under rules of the director. 48 Sec. ___. Section 422.8, Code 1995, is amended by 49 adding the following new subsection: 50 NEW SUBSECTION. 6. If the resident or part year Page 4 1 resident is a shareholder of a corporation which has 2 in effect an election under subchapter S of the 3 Internal Revenue Code, subsections 1 and 3 do not 4 apply to any income taxes paid to another state or 5 foreign country on the income from the corporation 6 which has in effect an election under subchapter S of 7 the Internal Revenue Code. 8 Sec. ___. This division of this Act, being deemed 9 of immediate importance, takes effect upon enactment 10 and applies retroactively to January 1, 1995, for tax 11 years beginning on or after that date. 12 DIVISION III 13 MACHINERY AND EQUIPMENT 14 EXEMPTION AND REPLACEMENT FUNDS 15 Sec. ___. Section 427B.17, Code 1995, is amended 16 by striking the section and inserting in lieu thereof 17 the following: 18 427B.17 PROPERTY SUBJECT TO SPECIAL VALUATION. 19 1. Property defined in section 427A.1, subsection 20 1, paragraphs "e" and "j", shall be valued by the 21 local assessor as follows: 22 a. For the assessment year beginning January 1, 23 1995, at twenty-six percent of the net acquisition 24 cost. 25 b. For the assessment year beginning January 1, 26 1996, at twenty-two percent of the net acquisition 27 cost. 28 c. For the assessment year beginning January 1, 29 1997, at eighteen percent of the net acquisition cost. 30 d. For the assessment year beginning January 1, 31 1998, at fourteen percent of the net acquisition cost. 32 e. For the assessment year beginning January 1, 33 1999, at ten percent of the net acquisition cost. 34 f. For the assessment year beginning January 1, 35 2000, at six percent of the net acquisition cost. 36 g. For the assessment year beginning January 1, 37 2001, and all subsequent assessment years, at zero 38 percent of the net acquisition cost. 39 2. For purposes of this section: 40 a. Property assessed by the department of revenue 41 and finance pursuant to sections 428.24 to 428.29, or 42 chapters 433, 434, and 436 to 438 shall not receive 43 the benefits of this section. 44 Any electric power generating plant which operated 45 during the preceding assessment year at a net capacity 46 factor of more than twenty percent, shall not receive 47 the benefits of this section. For purposes of this 48 section, "electric power generating plant" means any 49 name plate rated electric power generating plant, in 50 which electric energy is produced from other forms of Page 5 1 energy, including all taxable land, buildings, and 2 equipment used in the production of such energy. "Net 3 capacity factor" means net actual generation divided 4 by the product of net maximum capacity times the 5 number of hours the unit was in the active state 6 during the assessment year. Upon commissioning, a 7 unit is in the active state until it is de- 8 commissioned. "Net actual generation" means net 9 electrical megawatt hours produced by the unit during 10 the preceding assessment year. "Net maximum capacity" 11 means the capacity the unit can sustain over a 12 specified period when not restricted by ambient 13 conditions or equipment deratings, minus the losses 14 associated with station service or auxiliary loads. 15 b. The net acquisition cost of property acquired 16 before January 1, 1995, which was owned or used by a 17 related person shall be the net acquisition cost of 18 the transferor of the property. 19 c. "Related person" means a person who owns or 20 controls the taxpayer's business and another business 21 entity from which property is acquired or leased or to 22 which property is sold or leased. Business entities 23 are owned or controlled by the same person if the same 24 person directly or indirectly owns or controls fifty 25 percent or more of the assets or any class of stock or 26 who directly or indirectly has an interest of fifty 27 percent or more in the ownership or profits. 28 d. "Net acquisition cost" means the acquired cost 29 of the property, including all foundations and 30 installation cost less any excess cost adjustment. 31 3. Property assessed pursuant to this section 32 shall not be eligible to receive a partial exemption 33 under sections 427B.1 to 427B.6. 34 4. The taxpayer's valuation of property defined in 35 section 427A.1, subsection 1, paragraphs "e" and "j", 36 and located in an urban renewal area for which an 37 urban renewal plan provides for the division of taxes 38 as provided in section 403.19 to pay the principal and 39 interest on loans, advances, bonds issued under the 40 authority of section 403.9, subsection 1, or 41 indebtedness incurred by a city or county to finance 42 an urban renewal project within the urban renewal 43 area, if such loans, advances, or bonds were issued or 44 indebtedness incurred, on or after January 1, 1982, 45 and on or before June 30, 1995, shall be limited to 46 thirty percent of the net acquisition cost of the 47 property. Such property located in an urban renewal 48 area shall not be valued pursuant to subsection 1 49 until the assessment year following the calendar year 50 in which the obligations created by any loans, Page 6 1 advances, bonds, or indebtedness payable from the 2 division of taxes as provided in section 403.19 have 3 been retired. The taxpayer's valuation for such 4 property shall then be the valuation specified in 5 subsection 1 for the applicable assessment year. If 6 the loans, advances, or bonds issued, or indebtedness 7 incurred between January 1, 1982, and June 30, 1995, 8 are refinanced or refunded after June 30, 1995, the 9 valuation of such property shall then be the valuation 10 specified in subsection 1 for the applicable 11 assessment year beginning with the assessment year 12 following the calendar year in which any of those 13 loans, advances, bonds, or other indebtedness are 14 refinanced or refunded after June 30, 1995. 15 5. For the purpose of dividing taxes under section 16 260E.4 or 260F.4, the employer's or business's 17 valuation of property defined in section 427A.1, 18 subsection 1, paragraphs "e" and "j", and used to fund 19 a new jobs training project which project's first 20 written agreement providing for a division of taxes as 21 provided in section 403.19, is approved on or before 22 June 30, 1995, shall be limited to thirty percent of 23 the net acquisition cost of the property. An 24 employer's or business's taxable property used to fund 25 a new jobs training project shall not be valued 26 pursuant to subsection 1 until the assessment year 27 following the calendar year in which the certificates 28 or other funding obligations have been retired or 29 escrowed. The taxpayer's valuation for such property 30 shall then be the valuation specified in subsection 1 31 for the applicable assessment year. If the 32 certificates issued, or other funding obligations 33 incurred, between January 1, 1982, and June 30, 1995, 34 are refinanced or refunded after June 30, 1995, the 35 valuation of such property shall then be the valuation 36 specified in subsection 1 for the applicable 37 assessment year beginning with the assessment year 38 following the calendar year in which those 39 certificates or other funding obligations are 40 refinanced or refunded after June 30, 1995. 41 Sec. ___. NEW SECTION. 427B.18 ASSESSOR AND 42 COUNTY AUDITOR DUTIES. 43 1. On or before July 1 of each year, the assessor 44 shall determine the taxpayer's valuation of the 45 property specified in section 427B.17 for that year 46 and the valuation of the property if the property were 47 valued, for assessment purposes, at thirty percent of 48 net acquisition cost and shall report the valuations 49 to the county auditor. 50 2. On or before July 1, 1996, and on or before Page 7 1 July 1 of each subsequent year, the county auditor 2 shall prepare a statement listing for each taxing 3 district in the county: 4 a. Beginning with the assessment year beginning 5 January 1, 1995, the difference between the assessed 6 valuation of property defined in section 427A.1, 7 subsection 1, paragraphs "e" and "j", and assessed 8 pursuant to section 427B.17 and the valuation of the 9 property if the property were valued, for assessment 10 purposes, at thirty percent of net acquisition cost. 11 b. The tax levy rate for each taxing district 12 levied against assessments made as of January 1 of the 13 previous year. 14 c. The industrial machinery, equipment and 15 computers tax replacement claim for each taxing 16 district, which is equal to the amount determined 17 pursuant to paragraph "a", multiplied by the tax rate 18 specified in paragraph "b". 19 3. The county auditor shall certify and forward 20 one copy of the statement to the department of revenue 21 and finance not later than July 1 of each year. 22 Sec. ___. NEW SECTION. 427B.19 REPLACEMENT. 23 Each county treasurer shall be paid an amount equal 24 to the following percentages of the industrial 25 machinery, equipment and computers tax replacement 26 claim for that county determined pursuant to section 27 427B.18, subsection 2: 28 1. For the fiscal year beginning July 1, 1996, 29 ninety percent. 30 2. For the fiscal year beginning July 1, 1997, 31 seventy-five percent. 32 3. For the fiscal year beginning July 1, 1998, 33 sixty percent. 34 4. For the fiscal year beginning July 1, 1999, 35 forty-five percent. 36 5. For the fiscal year beginning July 1, 2000, 37 thirty percent. 38 6. For the fiscal year beginning July 1, 2001, 39 twenty percent. 40 7. For the fiscal year beginning July 1, 2002, 41 twenty percent. 42 8. For the fiscal year beginning July 1, 2003, 43 twenty percent. 44 9. For the fiscal year beginning July 1, 2004, 45 fifteen percent. 46 10. For the fiscal year beginning July 1, 2005, 47 ten percent. 48 Sec. ___. NEW SECTION. 427B.19A FUND CREATED. 49 1. The industrial machinery, equipment and 50 computers property tax replacement fund is created. Page 8 1 There is appropriated annually from the general fund 2 of the state to the department of revenue and finance 3 to be credited to the industrial machinery, equipment 4 and computers property tax replacement fund, the 5 amounts specified in section 427B.19B. 6 2. Each county treasurer shall be paid from the 7 fund created in this section the amount calculated 8 pursuant to section 427B.19. The payment shall be 9 made in two equal installments on or before September 10 30 and March 30 of each year. The county treasurer 11 shall apportion the payment in the manner provided in 12 section 445.57. 13 3. If an amount appropriated in section 427B.19B 14 for a fiscal year is insufficient to pay all claims 15 according to the replacement schedule in section 16 427B.19, the director shall prorate the disbursements 17 from the fund to the county treasurers and shall 18 notify the county auditors of the pro rata percentage 19 on or before August 1. If an amount appropriated in 20 section 427B.19B for a fiscal year is in excess of the 21 amount necessary to pay all claims according to the 22 replacement schedule in section 427B.19, the director 23 shall prorate the disbursements from the fund to the 24 county treasurers, notwithstanding the amount 25 calculated pursuant to section 427B.19, and shall 26 notify the county auditors of the pro rata percentage 27 on or before August 1. 28 4. The replacement amount paid to each school 29 district shall be regarded as property tax for the 30 purposes of the school foundation property tax levy in 31 section 257.3 and the additional property tax levy in 32 section 257.4. The department of management shall 33 annually make the adjustments necessary to implement 34 this subsection. 35 Sec. ___. NEW SECTION. 427B.19B APPROPRIATION. 36 There is appropriated in each of the following 37 fiscal years from the general fund of the state to the 38 industrial machinery, equipment and computers property 39 tax replacement fund the following amounts: 40 1. For the fiscal year beginning July 1, 1996, 41 eight million, one hundred thousand dollars. 42 2. For the fiscal year beginning July 1, 1997, 43 fifteen million, two hundred thousand dollars. 44 3. For the fiscal year beginning July 1, 1998, 45 twenty-one million, one hundred thousand dollars. 46 4. For the fiscal year beginning July 1, 1999, 47 twenty-three million, four hundred thousand dollars. 48 5. For the fiscal year beginning July 1, 2000, 49 twenty-one million, one hundred thousand dollars. 50 6. For the fiscal year beginning July 1, 2001, Page 9 1 eighteen million, one hundred thousand dollars. 2 7. For the fiscal year beginning July 1, 2002, 3 twenty-four million dollars. 4 8. For the fiscal year beginning July 1, 2003, 5 twenty-five million, six hundred thousand dollars. 6 9. For the fiscal year beginning July 1, 2004, 7 twenty million, four hundred thousand dollars. 8 10. For the fiscal year beginning July 1, 2005, 9 fourteen million, five hundred thousand dollars. 10 Sec. ___. NEW SECTION. 427B.19C PHASEOUT OF TAX. 11 Effective on July 1, 2002, all property taxes on 12 property defined in section 427A.1, subsection 1, 13 paragraphs "e" and "j", are repealed. For assessment 14 years beginning on or after January 1, 2005, such 15 property shall not be listed or assessed. This 16 section shall prevail over all inconsistent statutes. 17 Sec. ___. NEW SECTION. 427B.19D GUARANTEE OF 18 STATE REPLACEMENT FUNDS. 19 If for any reason an appropriation specified in 20 section 427B.19B is not made or the appropriation made 21 is less than that specified in section 427B.19B for 22 the applicable fiscal year, the director of revenue 23 and finance shall compute for each county the 24 difference between the total of all replacement claims 25 for taxing districts within the county and the amount 26 paid to the county treasurer for disbursement to the 27 taxing districts in the county. The department shall 28 divide that difference by the consolidated tax levy 29 rate in each county computed for the fiscal year in 30 which the specified appropriation should have been 31 made and shall certify the amount of taxable value 32 necessary to raise the difference at that tax rate. 33 The department shall notify the local assessor of such 34 amount of taxable value. The assessor, for the 35 assessment year beginning January 1 preceding the 36 fiscal year for which the specified appropriation was 37 not made, shall reassess all taxable property 38 described in section 427B.17 in the county at a 39 percentage of net acquisition cost which will yield 40 such taxable value and the property shall be assessed 41 and taxed in such manner for taxes due and payable in 42 the following fiscal year in addition to being 43 assessed and taxed in the applicable manner under 44 section 427B.17. Property tax dollar amounts 45 certified pursuant to this section shall not be 46 considered property tax dollars certified for purposes 47 of the property tax limitation in chapter 444. 48 Sec. ___. NEW SECTION. 427B.19E INDUSTRIAL 49 MACHINERY, EQUIPMENT AND COMPUTERS RELIEF FUND. 50 1. The industrial machinery, equipment and Page 10 1 computers relief fund is created. There is 2 appropriated annually from the general fund of the 3 state to the department of revenue and finance to be 4 credited to the relief fund, the following amounts: 5 a. For the fiscal year beginning July 1, 1996, one 6 million, nine hundred thousand dollars. 7 b. For the fiscal year beginning July 1, 1997, one 8 million, eight hundred thousand dollars. 9 c. For the fiscal year beginning July 1, 1998, one 10 million, nine hundred thousand dollars. 11 Moneys in the fund at the end of a fiscal year 12 shall not revert to the general fund of the state, 13 notwithstanding section 8.33. 14 2. a. The purpose of the industrial machinery, 15 equipment and computers relief fund is to provide 16 funds to those taxing districts in which an increase 17 in property tax revenue has not been realized as a 18 result of the elimination of the property tax on 19 property assessed pursuant to section 427B.17. 20 Beginning with the fiscal year beginning July 1, 1996, 21 a taxing district may apply for funds under this 22 section by filing an application with the director of 23 the department of management not later than March 1 24 preceding the fiscal year in which the funds will be 25 distributed. The state appeal board shall approve, 26 disapprove, or reduce the amount of funds requested by 27 the taxing district. 28 b. On forms provided by the department of 29 management, the taxing district shall request an 30 amount not exceeding the product of the decrease in 31 assessed valuation for the fiscal year for which the 32 application is filed compared to the assessed 33 valuation in the previous fiscal year, as determined 34 pursuant to subsection 3, and the property tax rate 35 applied in the previous fiscal year, less any property 36 tax replacement funds received pursuant to section 37 427B.19A in the previous fiscal year. The taxing 38 district shall also submit with the application the 39 district's plan to improve its future budget position. 40 c. Claims approved by the state appeal board shall 41 be paid to the taxing district by October 1 following 42 submission of the application for funds. 43 3. To be eligible to receive funds under this 44 section, a taxing district must show that there has 45 been a decrease of more than three percent in the 46 assessed valuation for taxes payable in the fiscal 47 year for which the application is submitted compared 48 to the assessed valuation for taxes payable in the 49 previous fiscal year, which decrease is attributable 50 to the elimination of the property tax on industrial Page 11 1 machinery, equipment and computers pursuant to section 2 427B.17. The taxing district, to be eligible for 3 funds, must also show that the district has exhausted 4 all other lawful alternatives for improving the 5 district's budget position. 6 4. If the amount appropriated in this section is 7 insufficient to pay all applications approved, the 8 director of revenue and finance shall prorate the 9 disbursements from the relief fund and shall report 10 the amount of the shortfall to the director of the 11 department of management. By January 1 of the 12 following year, the director of the department of 13 management shall submit to the general assembly a plan 14 for the funding of approved applications that were not 15 fully funded in that fiscal year. 16 5. Amounts received pursuant to this section shall 17 not be considered property tax dollars certified for 18 purposes of the property tax limitation in chapter 19 444. 20 6. The department of revenue and finance and the 21 department of management shall adopt rules necessary 22 to implement this section. 23 DIVISION IV 24 INCOME TAX 25 Sec. ___. Section 422.7, Code 1995, is amended by 26 adding the following new subsection: 27 NEW SUBSECTION. 33. For a person who is disabled, 28 or is fifty-five years of age or older, or is the 29 surviving spouse of an individual or a survivor having 30 an insurable interest in an individual who would have 31 qualified for the exemption under this subsection for 32 the tax year, subtract, to the extent included, the 33 total amount of a governmental or other pension, 34 retirement pay, annuity, or other similar periodic 35 payment made under a plan maintained or contributed to 36 by an employer, or maintained or contributed to by a 37 self-employed person as an employer, up to a maximum 38 of three thousand dollars for a person who files a 39 separate state income tax return, and up to a maximum 40 of six thousand dollars for a husband and wife who 41 file a joint state income tax return. However, a 42 surviving spouse who is not disabled or fifty-five 43 years of age or older can only exclude the amount of 44 annuities or other similar periodic payments received 45 as a result of the death of the other spouse. 46 Sec. ___. Section 422.12, subsection 1, paragraph 47 c, Code 1995, is amended to read as follows: 48 c. For each dependent, an additionalfifteensixty 49 dollars. As used in this section, the term 50 "dependent" has the same meaning as provided by the Page 12 1 Internal Revenue Code. 2 Sec. ___. APPLICABILITY. This division of this 3 Act applies retroactively to January 1, 1995, for tax 4 years beginning on or after that date. 5 DIVISION V 6 CASH RESERVE AND SPECIAL FUNDS 7 Sec. ___. Section 8.56, subsection 1, Code 1995, 8 is amended to read as follows: 9 1. A cash reserve fund is created in the state 10 treasury. The cash reserve fund shall be separate 11 from the general fund of the state and shall not be 12 considered part of the general fund of the state 13 except in determining the cash position of the state 14 as provided in subsection 3. The moneys in the cash 15 reserve fund are not subject to section 8.33 and shall 16 not be transferred, used, obligated, appropriated, or 17 otherwise encumbered except as provided in this 18 section. Notwithstanding section 12C.7, subsection 2, 19 interest or earnings on moneys deposited in the cash 20 reserve fund shall be credited to the rebuild Iowa 21economic emergency fundinfrastructure fund created in 22 section 8.57. Moneys in the cash reserve fund may be 23 used for cash flow purposes provided that any moneys 24 so allocated are returned to the cash reserve fund by 25 the end of each fiscal year. However, the fund shall 26 be considered a special account for the purposes of 27 section 8.53. 28 Sec. ___. Section 8.56, subsection 4, paragraph b, 29 Code 1995, is amended to read as follows: 30 b. In addition to the requirements of paragraph 31 "a", an appropriation shall not be made from the cash 32 reserve fundwhich would cause the fund's balance to33be less than three percent of the adjusted revenue34estimate for the year for which the appropriation is35madeunless the bill or joint resolution making the 36 appropriation is approved by vote of at least three- 37 fifths of the members of both chambers of the general 38 assembly and is signed by the governor. 39 Sec. ___. Section 8.57, subsection 1, paragraph a, 40 Code 1995, is amended by striking the paragraph and 41 inserting in lieu thereof the following: 42 a. The cash reserve goal percentage for fiscal 43 years beginning on or after July 1, 1995, is five 44 percent of the adjusted revenue estimate. For each 45 fiscal year beginning on or after July 1, 1995, in 46 which the appropriation of the surplus existing in the 47 general fund of the state at the conclusion of the 48 prior fiscal year pursuant to paragraph "b" was not 49 sufficient for the cash reserve fund to reach the cash 50 reserve goal percentage for the current fiscal year, Page 13 1 there is appropriated from the general fund of the 2 state an amount to be determined as follows: 3 (1) If the balance of the cash reserve fund in the 4 current fiscal year is not more than four percent of 5 the adjusted revenue estimate for the current fiscal 6 year, the amount of the appropriation under this 7 lettered paragraph is one percent of the adjusted 8 revenue estimate for the current fiscal year. 9 (2) If the balance of the cash reserve fund in the 10 current fiscal year is more than four percent but less 11 than five percent of the adjusted revenue estimate for 12 that fiscal year, the amount of the appropriation 13 under this lettered paragraph is the amount necessary 14 for the cash reserve fund to reach five percent of the 15 adjusted revenue estimate for the current fiscal year. 16 (3) The moneys appropriated under this lettered 17 paragraph shall be credited in equal and proportionate 18 amounts in each quarter of the current fiscal year. 19 Sec. ___. Section 8.57, subsection 1, paragraph b, 20 Code 1995, is amended to read as follows: 21 b.Commencing June 30, 1993, theThe surplus 22 existing in the general fund of the state at the 23 conclusion of the fiscal year is appropriated for 24 distribution in the succeeding fiscal year as provided 25 inthis sectionsubsections 2 and 3. Moneys credited 26 to the cash reserve fund from the appropriation made 27 in this paragraph shall not exceed the amount 28 necessary for the cash reserve fund to reach the cash 29 reserve goal percentage for the succeeding fiscal 30 year. As used in this paragraph, "surplus" means the 31 excess of revenues and other financing sources over 32 expenditures and other financing uses for the general 33 fund of the state in a fiscal year. 34 Sec. ___. Section 8.57, subsection 5, Code 1995, 35 is amended to read as follows: 36 5. a. A rebuild Iowa infrastructureaccountfund 37 is created under the authority of the department of 38 management.MoneysThe fund shall consist of 39 appropriations made to the fund and transfers of 40 interest, earnings, and moneys from other funds as 41 provided by law. The fund shall be separate from the 42 general fund of the state and the balance in the fund 43 shall not be considered part of the balance of the 44 general fund of the state. However, the fund shall be 45 considered a special account for the purposes of 46 section 8.53, relating to generally accepted 47 accounting principles. 48 b. Notwithstanding section 8.33, moneys in the 49 infrastructure fund which remain unencumbered or 50 unobligated at the end of a fiscal year shall not Page 14 1 revert to any fund but shall remain available for 2 infrastructure expenditures in the succeeding fiscal 3 year. Notwithstanding section 12C.7, subsection 2, 4 interest or earnings on moneys in the infrastructure 5 fund shall be credited to the infrastructure fund. 6 c. Moneys in theaccountfund in a fiscal year 7 shall be used as directed by the general assembly for 8 public infrastructure-related expenditures. 9 d. The general assembly may provide that all or 10 part of the moneys deposited in the GAAP deficit 11 reduction account created in this section shall be 12 transferred to the infrastructureaccountfund in lieu 13 of appropriation of the moneys to the Iowa economic 14 emergency fund. 15 Sec. ___. TRANSFER TO INFRASTRUCTURE FUND. Moneys 16 in the Iowa economic emergency fund, created in 17 section 8.55, at the conclusion of the fiscal year 18 beginning July 1, 1994, shall be transferred to the 19 rebuild Iowa infrastructure account. 20 Sec. ___. EFFECTIVE DATE. This division of this 21 Act, being deemed of immediate importance, takes 22 effect upon enactment."" 23 7. Page 22, lines 21 and 22, by striking the 24 words ", providing an appropriation," and inserting 25 the following: "; deductions for pension income, 26 treatment of income from subchapter S corporations, 27 and increased dependent credit for state individual 28 income tax purposes; machinery and equipment phase-in 29 exemption and reimbursement for property tax purposes; 30 relating to the cash reserve and an infrastructure 31 fund; providing appropriations,". 32 8. By renumbering and correcting internal 33 references as necessary. On motion by Halvorson of Clayton, the following amendment H-3410, to amendment H-3405, to amendment H-3339, was adopted by unanimous consent. H-3410 1 Amend amendment, H-3405, to amendment H-3339, to 2 House File 336 as follows: 3 1. Page 1, line 10, by striking the words 4 "department of". Halvorson of Clayton moved the adoption of amendment H-3405, as amended, to amendment H-3339. Roll call was requested by Wise of Lee and Witt of Black Hawk. On the question "Shall amendment H-3405, as amended, to amendment H-3339, be adopted?" (H.F. 336) The ayes were, 95: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Rants, Presiding The nays were, 2: Churchill Fallon Absent or not voting, 3: Bell Brammer Meyer Amendment H-3405, as amended, was adopted. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-3352, to amendment H-3339, filed by Murphy, et. al., on March 20, 1995. Murphy of Dubuque asked and received unanimous consent to withdraw amendment H-3389, to amendment H-3339, filed by him on March 21, 1995. Houser of Pottawattamie offered the following amendment H-3379, to amendment H-3339, filed by him and Myers and moved its adoption: H-3379 1 Amend the amendment, H-3339, to House File 336 as 2 follows: 3 1. Page 9, line 33, by striking the word and 4 figures "October 15, 1995," and inserting the 5 following: "January 5, 1996,". 6 2. Page 9, line 34, by striking the word 7 "January" and inserting the following: "March". 8 3. Page 9, line 50, by inserting after the word 9 "services." the following: "Initially, this part of 10 the plan shall be submitted within nine months of the 11 date by which the department approves a managed care 12 contractor." 13 4. Page 10, line 2, by striking the word "six" 14 and inserting the following: "twelve". Amendment H-3379 was adopted. On motion by Hammitt of Harrison, amendment H-3339, as amended, was adopted. With the adoption of amendment H-3339, as amended, the following amendments were placed out of order: H-3293 filed by Murphy of Dubuque, et. al., on March 13, 1995. H-3403, to amendment H-3293, filed by Murphy of Dubuque from the floor. H-3306, to amendment H-3293, filed by Murphy of Dubuque on March 15, 1995. H-3351, to amendment H-3293, filed by Murphy of Dubuque on March 20, 1995. H-3295 filed by Houser of Pottawattamie and Myers on March 14, 1995. 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?" (H.F. 336) The ayes were, 96: Arnold Baker Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Rants, Presiding The nays were, 1: Fallon Absent or not voting, 3: Bell Brammer Meyer 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 House File 336 be immediately messaged to the Senate. Renken of Grundy in the chair at 3:04 p.m. Regular Calendar House File 362, a bill for an act relating to the statute of limitations for products liability actions and providing immunity from products liability under certain circumstances, was taken up for consideration. Kreiman of Wapello offered the following amendment H-3399 filed by Moreland, et. al., and moved its adoption: H-3399 1 Amend House File 362 as follows: 2 1. Page 1, line 14, by inserting after the word 3 "consumption" the following: ", unless the product is 4 designed for a useful life of greater than ten years. 5 If the product has a useful life of greater than ten 6 years, the action shall not be commenced more than two 7 years after the expiration of the useful life of the 8 product". Roll call was requested by Holveck of Polk and Wise of Lee. Rule 75 was invoked. On the question "Shall amendment H-3399 be adopted?" (H.F. 362) The ayes were, 37: Baker Bernau Brand Burnett Cataldo Cohoon Connors Coon Dinkla Doderer Drees Fallon Harper Holveck Hurley Jochum Koenigs Kreiman Larkin Mascher May McCoy Millage Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 58: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harrison Heaton Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Mertz Metcalf Nelson, B. Nutt Rants Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Renken, Presiding Absent or not voting, 5: Bell Brammer Grundberg Houser Meyer Amendment H-3399 lost. Dinkla of Guthrie offered amendment H-3396 filed by him and Moreland as follows: H-3396 1 Amend House File 362 as follows: 2 1. Page 1, by inserting after line 17 the fol- 3 lowing: "The ten-year statute of repose shall not 4 apply if a manufacturer knew, or should have known, 5 that the product it placed into the stream of commerce 6 was defective at any time prior to its sale, lease 7 bailment, or installation for use or consumption." Dinkla of Guthrie offered the following amendment H-3412, to amendment H-3396, filed by him and Bradley from the floor and moved its adoption: H-3412 1 Amend the amendment, H-3396, to House File 362 as 2 follows: 3 1. Page 1, by striking lines 4 through 7 and 4 inserting the following: "apply in cases of fraud or 5 intentional misrepresentation by a manufacturer."" Amendment H-3412 lost. Dinkla of Guthrie asked and received unanimous consent to defer action on amendment H-3396. Moreland of Wapello offered the following amendment H-3402 filed by Moreland, et. al., and moved its adoption: H-3402 1 Amend House File 362 as follows: 2 1. Page 1, by inserting after line 17 the 3 following: 4 "Sec. ___. NEW SECTION. 624B.1 TITLE -- 5 DEFINITION. 6 1. This chapter shall be known as the "Sunshine in 7 Litigation Act." 8 2. For the purposes of this chapter, unless the 9 context otherwise requires, "court records" means any 10 of the following: 11 a. All documents of any nature filed in connection 12 with any matter before any civil court, except any of 13 the following: 14 (1) Documents filed with a court in camera, only 15 for the purpose of obtaining a ruling on the 16 discoverability of such documents. 17 (2) Documents in court files to which access is 18 otherwise restricted by law. 19 b. Settlement agreements, not filed of record, 20 that seek to restrict disclosure of information 21 concerning matters that have a probable adverse effect 22 upon the general public health or safety, the 23 administration of public office, or the operation of 24 government. 25 c. Discovery, not filed of record, concerning 26 matters that have a probable adverse effect upon the 27 general health or safety, the administration of public 28 office, or the operation of government, except 29 discovery not filed of record in cases originally 30 initiated to preserve bona fide trade secrets or other 31 intangible property rights. 32 Sec. ___. NEW SECTION. 624B.2 SEALING RECORDS. 33 A court order or opinion issued in the adjudication 34 of a case shall not be sealed. Other court records 35 are presumed to be open to the general public but may 36 be sealed only upon a showing pursuant to the 37 procedures of this chapter and all of the following: 38 1. A specific, serious, and substantial interest 39 which clearly outweighs the presumption of openness 40 and any probable adverse effect that sealing will have 41 upon the general public health or safety. 42 2. No less restrictive means than sealing the 43 records will adequately and effectively protect the 44 specific interest asserted. 45 Sec. ___. NEW SECTION. 624B.3 COERCION. 46 A person shall not offer an inducement to a party 47 to a civil action designed to influence that party in 48 regard to the sealing of any court record. Violation 49 of this section is punishable as a contempt of court. 50 Sec. ___. NEW SECTION. 624B.4 NOTICE. Page 2 1 Court records may be sealed only upon a party's 2 written motion, which shall be open to public 3 inspection. The movant shall post a public notice in 4 the manner that notices for meetings of county 5 governmental bodies are required to be posted. The 6 notice shall contain the content of the motion, 7 identify the case in which the motion has been filed, 8 and state that a hearing will be held in open court on 9 the motion and that any person may intervene and be 10 heard concerning the motion. The notice shall also 11 contain the date and time of the hearing and a brief 12 but specific description of the nature of the case, 13 the court records sought to be sealed, and the 14 identity of the movant. A verified copy of the notice 15 shall be filed by the movant with the clerk of the 16 supreme court. 17 Sec. ___. NEW SECTION. 624B.5 HEARING. 18 A hearing shall be held in open court on a motion 19 to seal court records as soon as practicable but not 20 less than fourteen days after notice is posted 21 pursuant to section 624B.4 Nonparties may intervene 22 as a matter of right for the limited purpose of 23 participating in the proceedings which will determine 24 whether court records are sealed. The court may 25 inspect records in camera. 26 Sec. ___. NEW SECTION. 624B.6 TEMPORARY SEALING 27 ORDER. 28 A temporary sealing order may issue upon motion and 29 notice to any parties who have answered in the case, 30 upon a showing of compelling need from specific facts 31 shown by affidavit or by verified petition that 32 immediate and irreparable injury will result to a 33 specific interest of the movant before notice can be 34 posted and a hearing held. A temporary sealing order 35 shall set forth the time for the hearing required by 36 section 624B.5 and shall direct the movant to give the 37 notice required by section 624B.4. The court may 38 modify or withdraw any temporary order upon motion by 39 any party or intervenor, following notice to all 40 parties and a hearing conducted as soon as 41 practicable. Issuance of a temporary order shall not 42 reduce the burden of proof of the party seeking to 43 seal court records. 44 Sec. ___. NEW SECTION. 624B.7 ORDER ON MOTION TO 45 SEAL COURT RECORDS. 46 A motion relating to sealing or opening court 47 records shall be decided by written order, open to 48 public inspection, which shall state the style and 49 number of the case, the specific reasons for finding 50 and concluding whether the showing required by section Page 3 1 624B.2 has been made, the specific court records or 2 portions of court records which are to be sealed, and 3 the period of time the records are to be sealed. The 4 order shall not be included in any judgment or other 5 order but shall be a separate document in the case. 6 However, failure to comply with this requirement shall 7 not affect the appealability of the order. 8 Sec. ___. NEW SECTION. 624B.8 CONTINUING 9 JURISDICTION. 10 Any person may intervene as a matter of right at 11 any time before or after judgment to seal or open 12 court records. A court that issues an order sealing 13 court records retains continuing jurisdiction to 14 enforce, alter, or vacate that order. An order 15 sealing or opening court records shall be reconsidered 16 on motion of any party or intervenor, who had actual 17 notice of the hearing preceding issuance of the order, 18 without first showing changed circumstances materially 19 affecting the order. The circumstances need not be 20 related to the case in which the order was issued. 21 However, the burden of making the showing required by 22 section 624B.2 shall be on the party seeking to seal 23 records. 24 Sec. ___. NEW SECTION. 624B.9 APPEAL. 25 An order or a portion of an order, relating to 26 sealing or opening court records, shall be deemed to 27 be severed from the case and a final judgment which 28 may be appealed by any party or intervenor who 29 participated in the hearing preceding issuance of such 30 order. The appellate court may abate the appeal and 31 order the trial court to direct that further public 32 notice be given, to hold further hearings, or to make 33 additional findings. 34 Sec. ___. NEW SECTION. 624B.10 APPLICABILITY 35 DATE. 36 Access to documents in court files not defined as 37 court records by this chapter remains governed by 38 existing law. This chapter does not apply to any 39 court records sealed in an action in which a final 40 judgment has been entered before July 1, 1996. This 41 chapter applies to cases pending on July 1, 1996, only 42 with regard to court records filed or exchanged on or 43 after July 1, 1996, and any motion filed on or after 44 July 1, 1996, to alter or vacate an order restricting 45 access to court records issued before July 1, 1996." 46 2. Title page, line 3, by inserting after the 47 word "circumstances" the following: "and to public 48 access to court records, and providing for the Act's 49 applicability". 50 3. By renumbering as necessary. Roll call was requested by Moreland of Wapello and Cataldo of Polk. On the question "Shall amendment H-3402 be adopted?" (H.F. 362) The ayes were, 33: Baker Bernau Brand Burnett Cataldo Cohoon Connors Dinkla Doderer Drees Fallon Harper Holveck Jochum Koenigs Kreiman Lamberti Larkin Mascher Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 60: Arnold Blodgett Boggess Bradley Branstad Brauns Brunkhorst Carroll Churchill Coon Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Ertl Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kremer Larson Lord Main Martin May McCoy Mertz Metcalf Nelson, B. Nutt Rants Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Renken, Presiding Absent or not voting, 7: Bell Boddicker Brammer Eddie Grundberg Meyer Millage Amendment H-3402 lost. Moreland of Wapello offered the following amendment H-3391 filed by him and Dinkla and moved its adoption: H-3391 1 Amend House File 362 as follows: 2 1. Page 1, line 25, by striking the word 3 "primary" and inserting the following: "proximate". Amendment H-3391 was adopted. Moreland of Wapello offered the following amendment H-3394 filed by Moreland, et. al., and moved its adoption: H-3394 1 Amend House File 362 as follows: 2 1. Page 1, line 26, by inserting after the word 3 "failure" the following: "by the plaintiff or some 4 third person". Amendment H-3394 was adopted, placing out of order amendment H-3398 filed by Moreland, et. al., on March 21, 1995. Moreland of Wapello asked and received unanimous consent to defer action on amendment H-3390. Moreland of Wapello offered amendment H-3392 filed by him and Wise as follows: H-3392 1 Amend House File 362 as follows: 2 1. Page 1, by inserting after line 32 the 3 following: 4 "Sec. ___. A person whose right to file an action 5 is cut off by this Act shall be eligible for 6 assistance through the state assistance program." Bradley of Clinton rose on a point of order that amendment H-3392 was not germane. The Speaker ruled the point well taken and amendment H-3392 not germane. Moreland of Wapello offered the following amendment H-3393 filed by Moreland, et. al., and moved its adoption: H-3393 1 Amend House File 362 as follows: 2 1. Page 1, by inserting after line 32 the 3 following: 4 In an action seeking recovery of damages for 5 personal injury or death caused by a product, the 6 manufacturer of the product shall provide to the 7 plaintiff the results of all tests performed on the 8 product by the manufacturer or another person at the 9 request of the manufacturer." A non-record roll call was requested. The ayes were 31, nays 52. Amendment H-3393 lost. Brand of Wapello offered the following amendment H-3395 filed by Moreland, et. al., and moved its adoption: H-3395 1 Amend House File 362 as follows: 2 1. Page 1, by inserting after line 32 the 3 following: 4 "Sec. ___. CONDITIONAL REPEAL. The commissioner 5 of insurance shall track premium costs for products 6 liability insurance for Iowa manufacturers and report 7 to the general assembly annually the change in costs 8 attributable to the enactment of this Act. Section 9 614.1, subsection 2A and section 668.3A are repealed 10 effective June 30, 1999, unless the reports from the 11 commissioner of insurance show an aggregate decrease 12 in products liability insurance rates." 13 2. Title page, line 3, by inserting after the 14 word "circumstances" the following: "and providing a 15 conditional repeal date". A non-record roll call was requested. The ayes were 27, nays 49. Amendment H-3395 lost. Holveck of Polk offered amendment H-3397 filed by Moreland, et. al., as follows: H-3397 1 Amend House File 362 as follows: 2 1. Page 1, by inserting after line 32 the 3 following: 4 "Sec. ___. APPLICABILITY. This Act applies only 5 to causes of action accruing on or after July 1, 6 1995." 7 2. Title page, line 3, by inserting after the 8 word "circumstances" the following: "and providing 9 for the Act's applicability". Dinkla of Guthrie offered the following amendment H-3422, to amendment H-3397, filed by Dinkla, Moreland, Larson and Bradley from the floor and moved its adoption: H-3422 1 Amend the amendment, H-3397, to House File 362 as 2 follows: 3 1. Page 1, by inserting after line 1 the 4 following: 5 " . Page 1, by inserting after line 17 the 6 following: 7 "This subsection does not apply to a manufacturer, 8 assembler, designer, supplier of specifications, 9 seller, or distributor of a product who is subject to 10 a federal consent decree, order, or agreement 11 recalling the product or prohibiting the sale or 12 further manufacture of the product."" 13 2. Page 1, by striking line 4 and inserting the 14 following: 15 "This section does not apply to a manufacturer, 16 assembler, designer, supplier of specifications, 17 seller, or distributor of a product who is subject to 18 a federal consent decree, order, or agreement 19 recalling the product or prohibiting the sale or 20 further manufacture of the product. 21 Sec. ___. APPLICABILITY. This Act applies only". 22 3. By renumbering as necessary. Amendment H-3422 was adopted. On motion by Holveck of Polk, amendment H-3397, as amended, was adopted. The Speaker announced that amendment H-3411, to amendment H-3390, filed from the floor by Bradley of Clinton, was out of order. The House resumed consideration of amendment H-3390. Division was requested as follows: H-3390 1 Amend House File 362 as follows: H-3390A 2 1. Page 1, by inserting after line 32 the follow- 3 ing: 4 "Sec. ___. APPLICABILITY. This Act applies only 5 to products manufactured on or after July 1, 1995." H-3390B 6 2. Title page, line 3, by inserting after the 7 word "circumstances" the following: "and providing 8 for the Act's applicability". Bernau of Story moved the adoption of amendment H-3390A. Roll call was requested by Moreland of Wapello and Kreiman of Davis. On the question "Shall amendment H-3390A be adopted?" (H.F. 362) The ayes were, 35: Baker Bernau Brand Burnett Cataldo Cohoon Connors Dinkla Doderer Drees Fallon Harper Holveck Hurley Jochum Koenigs Kreiman Larkin Mascher May McCoy Millage Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Warnstadt Weigel Wise Witt The nays were, 60: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Coon Corbett, Spkr. Cormack Cornelius Daggett Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin Mertz Metcalf Meyer Nelson, B. Nutt Rants Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Renken, Presiding Absent or not voting, 5: Bell Brammer Churchill Grundberg Shoultz Amendment H-3390A lost, placing out of order amendment H-3390B out of order. MOTION TO RECONSIDER PREVAILED Bradley of Clinton called up for immediate consideration the motion to reconsider amendment H-3412, to amendment H-3396, to House File 362, filed by him from the floor and moved to reconsider the vote by which amendment H-3412, to amendment H-3396, failed to be adopted by the House on March 22, 1995. A non-record roll call was requested. The ayes were 56, nays 31. The motion prevailed and the House reconsidered amendment H-3412, to amendment H-3396, found of page 930 of the House Journal. Dinkla of Guthrie moved the adoption of amendment H-3412, to amendment H-3396. A non-record roll call was requested. The ayes were 58, nays 28. Amendment H-3412 was adopted. The House resumed consideration of amendment H-3396, as amended, previously deferred and found on page 930 of the House Journal. Speaker Corbett in the chair at 6:20 p.m. On motion by Dinkla of Guthrie, amendment H-3396, as amended, was adopted. Bradley of Clinton 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?" (H.F. 362) The ayes were, 63: Arnold Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Coon Cormack Cornelius Daggett Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Huseman Jacobs Klemme Kremer Lamberti Larson Lord Main Martin May Mertz Metcalf Meyer Mundie Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 33: Baker Bernau Brand Burnett Cataldo Cohoon Connors Dinkla Doderer Drees Fallon Harper Holveck Hurley Jochum Koenigs Kreiman Larkin Mascher McCoy Millage Moreland Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Warnstadt Weigel Wise Witt Absent or not voting, 4: Bell Brammer Churchill Shoultz The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. MOTION TO REFER Moreland of Wapello moved that House File 394, presently on the calendar, be referred to committee on judiciary. Roll call was requested by Moreland of Wapello and Cataldo of Polk. On the question "Shall House File 394 be referred to committee on judiciary?" The ayes were, 32: Bernau Brand Burnett Cataldo Cohoon Connors Doderer Drees Harper Holveck Hurley Jochum Koenigs Kreiman Lamberti Larkin Mascher May McCoy Millage Moreland Mundie Murphy Nelson, L. O'Brien Ollie Running Schrader Warnstadt Weigel Wise Witt The nays were, 61: Arnold Baker Blodgett Boddicker Boggess Bradley Branstad Brauns Brunkhorst Carroll Coon Cormack Cornelius Daggett Dinkla Disney Drake Eddie Ertl Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harrison Heaton Houser Huseman Jacobs Klemme Kremer Larson Lord Main Martin Metcalf Meyer Nelson, B. Nutt Rants Renken Salton Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett Absent or not voting, 7: Bell Brammer Churchill Fallon Mertz Myers Shoultz The motion to refer lost. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 362 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 March 22, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 341, a bill for an act relating to delinquency charges on credit cards used to purchase or lease goods or services from less than one hundred persons not related to the card issuer. Also: That the Senate has on March 22, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 346, a bill for an act relating to the establishment of practitioner review committees for the purposes of evaluating and monitoring practitioners who self-report physical or mental impairments. Also: That the Senate has on March 22, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 351, a bill for an act authorizing certain cities to appoint additional members to certain city commissions. Also: That the Senate has on March 22, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 370, a bill for an act eliminating the requirement for the rotation of names on election ballots. Also: That the Senate has on March 22, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 375, a bill for an act relating to abandoned property subject to control by the treasurer of state. Also: That the Senate has on March 22, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 376, a bill for an act relating to the regulation of credit unions by authorizing additional powers and defining certain business relationships and establishing a penalty. Also: That the Senate has on March 22, 1995, adopted the following resolution in which the concurrence of the House is asked: Senate Concurrent Resolution 23, a concurrent resolution urging support of public broadcasting in Iowa. JOHN F. DWYER, Secretary EXPLANATION OF VOTE I was necessarily absent from the House chamber on March 21, 1995. Had I been present, I would have voted "aye" on House File 471. BRADLEY of Clinton I was temporarily absent from the House chamber on Wednesday, March 22, 1995. Had I been present, I would have voted "aye" on amendment H-3405 to House File 336 and House File 336; "nay" on amendments H-3399 and H-3402 to House File 362. MEYER of Sac PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Thirteen seventh grade students from Sully Christian School, Sully, accompanied by Mary Dirksen, Mary Fopma, Scott Roose and Dennis Vander Weerdt. By Carroll of Poweshiek. Sixteen high school students from Whiting High School, accompanied by Carlann Ooten. By Gries of Crawford. 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\147 Reverand Robert and Leila LeMont, Council Bluffs - For celebrating their 50th wedding anniversary. 1995\148 Al Bofenkamp, Cherokee - For twenty-five years of service to the Cherokee County Sheriff's Department. 1995\149 Coach Walton and the Boyden Hull Boy's Basketball Team - For winning 3rd place in the Class 1A, 1995 Boy's State Basketball Tournament. 1995\150 Sioux Center Boy's Basketball Team Members and Coaches - For winning 4th place in the Class 2A, 1995 Boy's State Basketball Tournament. 1995\151 MOCFV Boy's Basketball Team and Coaches, Maurice, Orange City, and Floyd Valley School District - For winning 2nd place in the Class 3A, 1995 Boy's State Basketball Tournament. 1995\152 Coach Jay Prescott and the Valley High Girl's Basketball Team, West Des Moines - For winning 2nd place in the Class 4A, 1995 Girl's State Basketball Tournament. 1995\153 Coach Bill Harris and the Valley High Boy's Basketball Team, West Des Moines - For winning 2nd place in the Class 4A, 1995 Boy's State Basketball Tournament. 1995\154 Angella Landis, Dubuque - For receiving a Best Community Scholarship. 1995\155 Jessica Kohl, Dubuque - For receiving a Best Community Scholarship. SUBCOMMITTEE ASSIGNMENTS Senate File 214 Transportation: Heaton, Chair; McCoy and Welter. Senate File 236 Transportation: Eddie, Chair; May and Salton. Senate File 311 Transportation: Welter, Chair; Larkin and Main. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS House Study Bill 319 Ways and Means: Dinkla, Chair; Bernau, Greig, Halvorson and Myers. House Study Bill 320 Ways and Means: Halvorson, Chair; Bernau, Dinkla, Greig and Myers. HOUSE STUDY BILL COMMITTEE ASSIGNMENT H.S.B. 321 Ways and Means Relating to changing the point of taxation of motor vehicle fuel by requiring suppliers, restrictive suppliers, importers, exporters, dealers, users, or blenders licenses, changing reporting periods, and adding penalties. RESOLUTION FILED SCR 24, by Hammond, Drake, Gronstal, Connolly, Szymoniak and Dvorsky, a concurrent resolution recognizing the Seventy-fifth Annii versary of the American Civil Liberties Union and the Sixtieth Anniversary of the Iowa Civil Liberties Union. Referred to committee on state government. AMENDMENTS FILED H-3404 H.F. 115 Drake of Pottawattamie Klemme of Plymouth Houser of Pottawattamie Greig of Emmet Drees of Carroll Boddicker of Cedar Cormack of Webster Garman of Story Arnold of Lucas H-3406 H.F. 160 Shoultz of Black Hawk H-3407 H.F. 303 Ollie of Clinton H-3408 H.F. 394 Moreland of Wapello H-3409 H.F. 394 Moreland of Wapello H-3413 H.F. 163 Weigel of Chickasaw H-3414 H.F. 230 Brunkhorst of Bremer Heaton of Henry H-3415 H.F. 386 Klemme of Plymouth H-3416 H.F. 163 Mundie of Webster H-3417 H.F. 394 Brand of Benton H-3418 H.F. 394 Brand of Benton H-3419 H.F. 394 O'Brien of Boone H-3420 H.F. 518 Fallon of Polk H-3421 H.F. 373 Greig of Emmet H-3423 H.F. 437 Weigel of Chickasaw H-3424 H.F. 163 Weigel of Chickasaw H-3425 H.F. 163 Weigel of Chickasaw H-3426 H.F. 163 Weigel of Chickasaw H-3427 H.F. 394 Doderer of Johnson On motion by Siegrist of Pottawattamie, the House adjourned at 7:27 p.m. until 8:45 a.m., Thursday, March 23, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
© 1995 Cornell College and League of Women Voters of Iowa
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