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One Hundred-ninth Calendar Day - Seventy-second Session Day
Hall of the House of Representatives
Des Moines, Iowa, Thursday, April 27, 1995
The House met pursuant to adjournment at 8:45 a.m., Speaker pro
tempore Van Maanen of Marion in the chair.
Prayer was offered by Monsignor Leonard M. Ziegmann, St. Francis
of Assisi Catholic Church, Rockwell City.
The Journal of Wednesday, April 26, 1995 was approved.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
File 575 and Senate File 473.
CONSIDERATION OF BILLS
Ways and Means Calendar
Senate File 473, a bill for an act relating to the refund of
property taxes paid erroneously and providing effective and
retroactive applicability dates, 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?" (S.F. 473)
The ayes were, 98:
Arnold Baker Bell 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 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 Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 2:
Brammer Van Fossen
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Appropriations Calendar
House File 575, a bill for an act establishing the Iowa hope
loan program, creating an Iowa hope loan fund, and providing for
other properly related matters, was taken up for consideration.
Metcalf of Polk offered the following amendment H-4084 filed by
her and moved its adoption:
H-4084
1 Amend House File 575 as follows:
2 1. Page 1, line 35, by striking the word
3 "annual".
Amendment H-4084 was adopted.
Metcalf 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. 575)
The ayes were, 98:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brauns Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. 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 Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Van Maanen,
Presiding
The nays were, 1:
Brunkhorst
Absent or not voting, 1:
Brammer
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that the
following bills be immediately messaged to the Senate: House
File 575 and Senate File 473.
RULES SUSPENDED
Gipp of Winneshiek asked and received unanimous consent to
suspend the rules for the immediate consideration of House File
572 and Senate File 239.
Ways and Means Calendar
House File 572, a bill for an act relating to imposing a prison
and jail surcharge on scheduled fines and forfeitures and
providing for the appropriation and disposition of the proceeds
from the surcharge for prisons and jails, was taken up for
consideration.
Shoultz of Black Hawk offered the following amendment H-4104
filed by him and moved its adoption:
H-4104
1 Amend House File 572 as follows:
2 1. Page 4, line 27, by inserting after the word
3 "used" the following: "as follows:
4 (1) Sixty percent of the amount deposited from the
5 surcharge shall be used only for traffic safety and
6 accident prevention programs.
7 (2) Forty percent of the amount deposited from the
8 surcharge shall be used".
9 2. Title page, line 4, by inserting after the
10 word "jails" the following: "and traffic safety
11 programs".
Amendment H-4104 lost.
Grundberg of Polk offered the following amendment H-4111 filed
by her and moved its adoption:
H-4111
1 Amend House File 572 as follows:
2 1. Page 4, line 33, by striking the word "Five"
3 and inserting the following: "If the violation is
4 other than a violation of a city ordinance, five".
5 2. Page 5, line 2, by inserting after the word
6 "facilities." the following: "The other five dollars
7 of the surcharge shall be transferred to the treasurer
8 of the county in which the violation occurred to be
9 deposited in the general fund of the county and used
10 only for the expansion of the capacity of the county
11 jail or the maintenance of county jail facilities."
12 3. Page 5, line 4, by striking the words "five
13 dollars of the" and inserting the following: "the
14 entire".
15 4. Page 5, line 9, by striking the words "five
16 dollars of the" and inserting the following: "the
17 entire".
Amendment H-4111 was adopted.
Shoultz of Black Hawk asked and received unanimous consent to
withdraw amendment H-4106 filed by him on April 26, 1995.
Lamberti 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. 572)
The ayes were, 96:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Branstad Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Corbett, Spkr. Cormack
Cornelius Daggett Dinkla Disney
Doderer Drake Eddie 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 Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Van Maanen,
Presiding
The nays were, 2:
Drees Ertl
Absent or not voting, 2:
Brammer Brauns
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Unfinished Business Calendar
The House resumed consideration of Senate File 239, a bill for
an act relating to the provision of mediation in dissolution of
marriage proceedings, previously deferred and placed on the
unfinished business calendar.
Kremer of Buchanan offered the following amendment H-3817 filed
by the committee on judiciary and moved its adoption:
H-3817
1 Amend Senate File 239, as passed by the Senate, as
2 follows:
3 1. Page 1, line 10, by inserting after the word
4 "intervention." the following: "The court may, in
5 deciding whether to order the parties to participate
6 in mediation, consider whether ordering mediation may
7 place a party at risk of domestic abuse if there is a
8 credible history of domestic abuse between the
9 parties."
10 2. Page 1, line 29, by inserting after the word
11 "advisable." the following: "The court may, in
12 deciding whether to order the parties or a child to
13 participate in mediation, consider whether ordering
14 mediation may place a party or a child at risk of
15 domestic or child abuse if there is a credible history
16 of domestic or child abuse in the family."
The committee amendment H-3817 was adopted.
McCoy of Polk offered the following amendment H-3962 filed by
him and moved its adoption:
H-3962
1 Amend Senate File 239, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting after line 31 the
4 following:
5 "Sec. ___. Section 598.41, Code 1995, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 7. If an application for
8 modification of a decree or a petition for
9 modification of an order is filed, based upon
10 differences between the parents regarding the custody
11 arrangement established under the decree or order, the
12 court may require the parents to participate in
13 mediation to attempt to resolve the differences
14 between the parents."
15 2. By renumbering as necessary.
Amendment H-3962 was adopted.
Kremer of Buchanan moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 239)
The ayes were, 99:
Arnold Baker Bell 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 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 Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter Wise
Witt Van Maanen, Presiding
The nays were, none.
Absent or not voting, 1:
Brammer
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 File 572 and Senate File 239.
Ways and Means Calendar
House File 569, a bill for an act relating to the motor vehicle
leasing tax and providing an applicability provision, with
report of committee recommending passage, was taken up for
consideration
Rants of Woodbury offered the following amendment H-4117 filed
by Rants, Gipp and Lamberti from the floor and moved its
adoption:
H-4117
1 Amend House File 569 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 423.4, Code 1995, is amended
5 by adding the following new subsection:
6 NEW SUBSECTION. 16. Vehicles subject to
7 registration under chapter 321, with a gross vehicle
8 weight rating of less than sixteen thousand pounds,
9 excluding motorcycles and motorized bicycles, under
10 the following conditions:
11 a. The present purchaser of the vehicle was the
12 prior lessee of the vehicle.
13 b. The lease of the vehicle was entered into on or
14 after July 1, 1995, and was for a period of twelve
15 months or more.
16 c. The use tax on the vehicle was paid by the
17 lessor as provided in section 423.6, subsection 1."
18 2. Title page, by striking lines 1 and 2 and
19 inserting the following: "An Act relating to the
20 taxation of leased motor vehicles."
A non-record roll call was requested.
The ayes were 17, nays 52.
Amendment H-4117 lost.
Halvorson of Clayton offered amendment H-4042 filed by him as
follows:
H-4042
1 Amend House File 569 as follows:
2 1. Page 1, by inserting after line 4 the
3 following:
4 "Sec. ___. Section 423.2, Code 1995, is amended to
5 read as follows:
6 423.2 IMPOSITION OF TAX.
7 An excise tax is imposed on the use in this state
8 of tangible personal property purchased for use in
9 this state, at the rate of five percent of the
10 purchase price of the property. An excise tax is
11 imposed on the use of leased vehicles at the rate of
12 five percent of the amount otherwise subject to tax as
13 calculated pursuant to section 423.7A, subsection 2.
14 The excise tax is imposed upon every person using the
15 property within this state until the tax has been paid
16 directly to the county treasurer or the state
17 department of transportation, to a retailer, or to the
18 department. An excise tax is imposed on the use in
19 this state of services enumerated in section 422.43 at
20 the rate of five percent. This tax is applicable
21 where services are rendered, furnished, or performed
22 in this state or where the product or result of the
23 service is used in this state. This tax is imposed on
24 every person using the services or the product of the
25 services in this state until the user has paid the tax
26 either to an Iowa use tax permit holder or to the
27 department."
28 2. By renumbering as necessary.
Halvorson of Clayton offered the following amendment H-4118, to
amendment H-4042, filed by him from the floor and moved its
adoption:
H-4118
1 Amend the amendment, H-4042, to House File 569, as
2 follows:
3 1. Page 1, line 13, by striking the word and
4 figure ", subsection 2".
Amendment H-4118 was adopted.
On motion by Halvorson of Clayton, amendment H-4042, as amended,
was adopted.
Dinkla of Guthrie 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. 569)
The ayes were, 95:
Baker Bell 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 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 Vande Hoef
Veenstra Warnstadt Weidman Weigel
Wise Witt Van Maanen,
Presiding
The nays were, 4:
Arnold Gipp Rants Welter
Absent or not voting, 1:
Brammer
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 569 be immediately messaged to the Senate.
On motion by Siegrist of Pottawattamie, the House was recessed
at 11:00 a.m., until 1:00 p.m.
AFTERNOON SESSION
The House reconvened at 1:00 p.m., Speaker Corbett in the chair.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has, on April 27, 1995, insisted on its amendment to
Senate File 150, a bill for an act relating to child abuse
involving termination of parental rights in certain abuse or
neglect cases and access by other states to child abuse
information, and the members of the Conference Committee on the
part of the Senate are: The Senator from Johnson, Senator
Dvorsky, Chair; the Senator from Story, Senator Hammond; The
Senator from Polk, Senator Szymoniak; the Senator from Shelby,
Senator Boettger; and the Senator from Polk, Senator Kramer.
JOHN F. DWYER, Secretary
CONFERENCE COMMITTEE APPOINTED
(Senate File 150)
The Speaker announced the appointment of the conference
committee to consider the differences between the House and
Senate concerning Senate File 150: Salton of Palo Alto, Chair;
Boddicker of Cedar, Veenstra of Sioux, Jochum of Dubuque and
Burnett of Story.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of Senate
File 472.
CONSIDERATION OF BILLS
Ways and Means Calendar
Senate File 472, a bill for an act relating to the local option
sales and services tax by authorizing political subdivisions
that will receive
revenues from the tax to issue bonds in anticipation of the
receipt of the revenues and providing an effective date and a
retroactive applicability date, was taken up for consideration.
Teig of Hamilton offered the following amendment H-4098 filed by
the committee on ways and means and moved its adoption:
H-4098
1 Amend Senate File 472, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 422B.1, subsection 1, Code
6 1995, is amended to read as follows:
7 1. A county may impose by ordinance of the board
8 of supervisors local option taxes authorized by this
9 chapter, subject to this section and subject to the
10 exception provided in subsection 1A.
11 Sec. ___. Section 422B.1, Code 1995, is amended by
12 adding the following new subsection:
13 NEW SUBSECTION. 1A. a. A city whose corporate
14 boundaries include areas of two counties may impose by
15 ordinance of its city council a local sales and
16 services tax if all of the following apply:
17 (1) All the residents of the city live in one
18 county.
19 (2) The county in which the city residents reside
20 has held an election on the question of the imposition
21 of a local sales and services tax and a majority of
22 those voting on the question in the city favored its
23 imposition.
24 (3) The city has entered into an agreement on the
25 distribution of the sales and services tax revenues
26 collected from the area where the city tax is imposed
27 with the county where such area is located.
28 b. The city council of a city authorized to impose
29 a local sales and services tax pursuant to paragraph
30 "a" shall only do so subject to all of the following
31 restrictions:
32 (1) The tax shall only be imposed in the area of
33 the city located in the county where none of its
34 residents reside.
35 (2) The tax shall be at the same rate and become
36 effective at the same time as the county tax imposed
37 in the other area of the city.
38 (3) The tax once imposed shall continue to be
39 imposed until the county imposed tax is reduced or
40 increased in rate or repealed, and then the city
41 imposed tax shall also be reduced or increased in rate
42 or repealed in the same amount and be effective on the
43 same date.
44 (4) The tax shall be imposed on the same basis as
45 provided in section 422B.8 and notification
46 requirements in section 422B.9 apply.
47 (5) The city shall assist the department of
48 revenue and finance to identify the businesses in the
49 area which are to collect the city imposed tax. The
50 process shall be ongoing as long as the city tax is
Page 2
1 imposed.
2 c. The agreement on the distribution of the
3 revenues collected from the city imposed tax shall
4 provide that fifty percent of such revenues shall be
5 remitted to the county in which the part of the city
6 where the city tax is imposed is located.
7 d. The latest certified federal census preceding
8 the election held by the county on the question of
9 imposition of the local sales and services tax shall
10 be used in determining if the city qualifies under
11 paragraph "a", subparagraph (1) to impose its own tax
12 and in determining the area where the city tax may be
13 imposed under paragraph "b", subparagraph (1).
14 e. A city is not authorized to impose a local
15 sales and services tax under this subsection after
16 January 1, 1998. A city that has imposed a local
17 sales and services tax under this subsection on or
18 before January 1, 1998, may continue to collect the
19 tax until such time as the tax is repealed by the city
20 and the fact that that area acquires residents after
21 the tax is imposed shall not affect the imposition or
22 collection of the tax.
23 Sec. ___. Section 422B.1, subsection 5, paragraph
24 a, unnumbered paragraph 1, Code 1995, is amended to
25 read as follows:
26 If a majority of those voting on the question of
27 imposition of a local option tax favor imposition of a
28 local option tax, the governing body of that county
29 shall impose the tax at the rate specified for an
30 unlimited period. However, in the case of a local
31 sales and services tax, the county shall not impose
32 the tax in any incorporated area or the unincorporated
33 area if the majority of those voting on the tax in
34 that area did not favor its imposition. For purposes
35 of the local sales and services tax, all cities
36 contiguous to each other shall be treated as part of
37 one incorporated area and the tax shall be imposed in
38 each of those contiguous cities only if the majority
39 of those voting on the tax in the total area covered
40 by the contiguous cities favored its imposition. The
41 local option tax may be repealed or the rate increased
42 or decreased or the use thereof changed after an
43 election at which a majority of those voting on the
44 question of repeal or rate or use change favored the
45 repeal or rate or use change. The election at which
46 the question of repeal or rate or use change is
47 offered shall be called and held in the same manner
48 and under the same conditions as provided in
49 subsections 3 and 4 for the election on the imposition
50 of the local option tax. However, in the case of a
Page 3
1 local sales and services tax where the tax has not
2 been imposed countywide, the question of repeal or
3 imposition or rate or use change shall be voted on
4 only by the qualified electors of the areas of the
5 county where the tax has been imposed or has not been
6 imposed, as appropriate. However, the governing body
7 of the incorporated area or unincorporated area where
8 the local sales and services tax is imposed may, upon
9 its own motion, request the county commissioner of
10 elections to hold an election in the incorporated or
11 unincorporated area, as appropriate, on the question
12 of the change in use of local sales and services tax
13 revenues. The election may be held at any time but
14 not sooner than sixty days following publication of
15 the ballot proposition. If a majority of those voting
16 in the incorporated or unincorporated area on the
17 change in use favor the change, the governing body of
18 that area shall change the use to which the revenues
19 shall be used. The ballot proposition shall list the
20 present use of the revenues, the proposed use, and the
21 date after which revenues received will be used for
22 the new use."
23 2. Page 1, by inserting after line 10 the
24 following:
25 "Sec. ___. Section 422B.10, subsection 1, Code
26 1995, is amended to read as follows:
27 1. The director shall credit the local sales and
28 services tax receipts and interest and penalties from
29 a county imposed tax to the county's account in the
30 local sales and services tax fund and from a city
31 imposed tax under section 422B.1, subsection 1A, to
32 the city's account in the local sales and services tax
33 fund. If the director is unable to determine from
34 which county any of the receipts were collected, those
35 receipts shall be allocated amongst among the
possible
36 counties based on allocation rules adopted by the
37 director.
38 Sec. ___. Section 422B.10, Code 1995, is amended
39 by adding the following new subsection:
40 NEW SUBSECTION. 4A. From each city's account, the
41 percent of revenues agreed to be distributed to the
42 county in the agreement entered into as provided in
43 section 422B.1, subsection 1A, paragraph "a",
44 subparagraph (3) and paragraph "c", shall be deposited
45 into the appropriate county's account to be remitted
46 as provided in subsections 3 and 4. The remaining
47 revenues in the city's account shall be remitted to
48 the city council. If a county does not have an
49 account, its percent of the revenues shall be remitted
50 directly to the county board of supervisors."
Page 4
1 3. Page 2, line 4, by striking the words "a city"
2 and inserting the following: "an issuer".
3 4. Page 2, by striking lines 6 through 9 and
4 inserting the following: "revenues of the local
5 option sales and services tax, and not from property
6 tax, by following the authorization procedures set
7 forth for cities in section 384.83. Bonds may be
8 issued for the purpose of".
9 5. Page 2, by striking lines 20 and 21 and
10 inserting the following: "the bonds are to bear, and
11 the right to petition for an election, to be published
12 at least once in a".
13 6. Page 2, by striking lines 26 through 32 and
14 inserting the following:
15 "If at any time before the date fixed for taking
16 action for the issuance of the bonds, a petition
17 signed by three percent of the registered voters of
18 the bond issuer is filed, asking that the question of
19 issuing the bonds be submitted to the registered
20 voters, the governing body shall either by resolution
21 declare the proposal to issue the bonds to have been
22 abandoned or shall direct the county commissioner of
23 elections to call a special election upon the question
24 of issuing the bonds. The proposition of issuing
25 bonds under this subsection is not approved unless the
26 vote in favor of the proposition is equal to at least
27 sixty percent of the vote cast. If a petition is not
28 filed, or if a petition is filed and the proposition
29 of issuing the bonds is approved at an election, the
30 governing body acting on behalf of the issuer may
31 proceed with the authorization and issuance of the
32 bonds. Bonds may".
33 7. Page 3, line 22, by striking the word "used"
34 and inserting the following: "issued".
35 8. Title page, line 4, by inserting after the
36 word "revenues" the following: ", by authorizing the
37 imposition of the tax in certain cities located in two
38 counties, and by setting the procedure for changing
39 the use of revenues from the tax,".
The committee amendment H-4098 was adopted.
Teig of Hamilton moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 472)
The ayes were, 98:
Arnold Baker Bell 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 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:
Brammer Moreland
The bill having received a constitutional majority was declared
to have passed the House and the title as amended was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 472 be immediately messaged to the Senate.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Dinkla of Guthrie, until his return, on request of Siegrist of
Pottawattamie.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
File 577.
House File 577, a bill for an act relating to the creation of
real estate improvement districts, authorizing the issuance of
general obligation bonds and revenue bonds, the imposition of ad
valorem property taxes, special assessments and fees, and other
related matters, was taken up for consideration.
Disney of Polk offered amendment H-4114 filed by him as follows:
H-4114
1 Amend House File 577 as follows:
2 1. Page 3, by striking lines 9 through 16 and
3 inserting the following: "objections to a subsequent
4 annexation by a city if all or the major part of the
5 district is located within two miles of the boundaries
6 of a city."
7 2. Page 4, line 4, by inserting after the words
8 "parcels of land" the following: ", all or the major
9 part of which is".
10 3. Page 12, line 2, by inserting after the word
11 "if" the following: "all or the major part of".
12 4. Page 15, line 28, by inserting after the word
13 "bonds," the following: "including the power to enter
14 into short-term loans and issue warrants,".
Disney of Polk offered the following amendment H-4120, to
amendment H-4114, filed by him from the floor and moved its
adoption:
H-4120
1 Amend the amendment, H-4114, to House File 577, as
2 follows:
3 1. Page 1, by inserting after line 9 the
4 following:
5 " . Page 11, lines 34 and 35, by striking the
6 words: "located within two miles of the boundaries of
7 a city".
8 . Page 12, line 1, by inserting after the word
9 "housing" the following: "and shall comply with all
10 city design and construction standards for the public
11 improvements authorized in section 358C.3"."
12 2. By renumbering as necessary.
Amendment H-4120 was adopted.
On motion by Disney of Polk, amendment H-4114, as amended, 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. 577)
The ayes were, 97:
Arnold Baker Bell 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 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 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:
Fallon
Absent or not voting, 2:
Brammer Moreland
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 577 be immediately messaged to the Senate.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 27, 1995, amended the House amendment,
concurred in the House amendment as amended, and passed the
following bill in which the concurrence of the House is asked:
Senate File 69, a bill for an act relating to county
expenditures of property taxes for mental health and
developmental disabilities costs by providing for reduction of
property taxes, making appropriations, and providing an
effective date.
JOHN F. DWYER, Secretary
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for the immediate consideration of House
File 573.
House File 573, a bill for an act relating to economic
development by establishing a workforce development fund,
providing for the transfer of certain employer withholding
amounts to the workforce development fund, and establishing a
loan loss reserve program, was taken up for consideration.
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. 573)
The ayes were, 91:
Arnold Baker Bell Bernau
Blodgett Boddicker Boggess Bradley
Brand Brauns Burnett Carroll
Cataldo Churchill Cohoon Connors
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
Lord Main Martin Mascher
May McCoy Mertz Meyer
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, 6:
Branstad Brunkhorst Coon Fallon
Metcalf Millage
Absent or not voting, 3:
Brammer Larson Moreland
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 573 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 April 27, 1995, passed the following bill in
which the concurrence of the Senate was asked:
House File 159, a bill for an act relating to the production of
ornamental, flowering, or vegetable plants for purposes of the
state sales tax.
Also: That the Senate has on April 27, 1995, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 185, a bill for an act relating to the sales,
services, and use tax exemption for items used by printers and
publishers, limiting the amount of refunds, and providing
retroactive and applicability date provisions.
JOHN F. DWYER, Secretary
CONSIDERATION OF HOUSE CONCURRENT RESOLUTION 40
Siegrist of Pottawattamie asked and received unanimous consent
for the immediate consideration of House Concurrent Resolution
40, a concurrent resolution designating June 17, 1995, as the
day to celebrate the ending of slavery and to recognize the
worth and value of all people, and moved its adoption.
The motion prevailed and the resolution was adopted.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House Concurrent Resolution 40 be immediately messaged to
the Senate.
The House stood at ease at 2:23 p.m., until the fall of the
gavel.
The House reconvened at 4:10 p.m., Speaker pro tempore
Van Maanen of Marion in the chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-nine members present,
twenty-one absent.
SENATE AMENDMENT CONSIDERED
Halvorson of Clayton called up for consideration, Senate File
69, a bill for an act relating to county expenditures of
property taxes for mental health and developmental disabilities
costs by providing for reduction of property taxes, making
appropriations, and providing an effective date, amended by the
House, further amended by the Senate and moved that the House
concur in the following Senate amendment H-4121 to the House
amendment:
H-4121
1 Amend the House amendment, S-3082, to Senate File
2 69 as passed by the Senate as follows:
3 1. By striking page 1, line 1, through page 44,
4 line 25, and inserting the following:
5 "Amend Senate File 69, as passed by the Senate, as
6 follows:
7 1. By striking everything after the enacting
8 clause and inserting the following:
9 "DIVISION I
10 INCOME TAX
11 Section 1. Section 422.7, Code 1995, is amended by
12 adding the following new subsection:
13 NEW SUBSECTION. 33. For a person who is disabled,
14 or is fifty-five years of age or older, or is the
15 surviving spouse of an individual or a survivor having
16 an insurable interest in an individual who would have
17 qualified for the exemption under this subsection for
18 the tax year, subtract, to the extent included, the
19 total amount of a governmental or other pension or
20 retirement pay, including, but not limited to, defined
21 benefit or defined contribution plans, annuities,
22 individual retirement accounts, plans maintained or
23 contributed to by an employer, or maintained or
24 contributed to by a self-employed person as an
25 employer, and deferred compensation plans or any
26 earnings attributable to the deferred compensation
27 plans, up to a maximum of three thousand dollars for a
28 person who files a separate state income tax return
29 and up to a maximum of six thousand dollars for a
30 husband and wife who file a joint state income tax
31 return. However, a surviving spouse who is not
32 disabled or fifty-five years of age or older can only
33 exclude the amount of pension or retirement pay
34 received as a result of the death of the other spouse.
35 Sec. 2. Section 422.12, subsection 1, paragraph c,
36 Code 1995, is amended to read as follows:
37 c. For each dependent, an additional fifteen
forty
38 dollars. As used in this section, the term
39 "dependent" has the same meaning as provided by the
40 Internal Revenue Code.
41 Sec. 3. TAXATION STUDY. The legislative council
42 is requested to establish a taxation study during the
43 1995 legislative interim period. The study would
44 address taxation of businesses, including subchapter S
45 corporations, taxation incentives and disincentives
46 for economic development, and the long-term objectives
47 of business taxation. The legislative council is
48 requested to authorize up to $100,000 for consultants
49 and other costs associated with the business taxation
50 study.
Page 2
1 Sec. 4. RETROACTIVE APPLICABILITY. This division
2 of this Act applies retroactively to January 1, 1995,
3 for tax years beginning on or after that date.
4 DIVISION II
5 SUPPLEMENTAL LEVY AND COUNTY MENTAL HEALTH FUND
6 Sec. 5. Section 123.38, unnumbered paragraph 2,
7 Code 1995, is amended to read as follows:
8 Any licensee or permittee, or the licensee's or
9 permittee's executor or administrator, or any person
10 duly appointed by the court to take charge of and
11 administer the property or assets of the licensee or
12 permittee for the benefit of the licensee's or
13 permittee's creditors, may voluntarily surrender a
14 license or permit to the division. When a license or
15 permit is surrendered the division shall notify the
16 local authority, and the division or the local
17 authority shall refund to the person surrendering the
18 license or permit, a proportionate amount of the fee
19 received by the division or the local authority for
20 the license or permit as follows: If a license or
21 permit is surrendered during the first three months of
22 the period for which it was issued, the refund shall
23 be three-fourths of the amount of the fee; if
24 surrendered more than three months but not more than
25 six months after issuance, the refund shall be one-
26 half of the amount of the fee; if surrendered more
27 than six months but not more than nine months after
28 issuance, the refund shall be one-fourth of the amount
29 of the fee. No refund shall be made, however, for any
30 special liquor permit, nor for a liquor control
31 license, wine permit, or beer permit surrendered more
32 than nine months after issuance. For purposes of this
33 paragraph, any portion of license or permit fees used
34 for the purposes authorized in section 331.424,
35 subsection 1, paragraphs "a", and "b", "c", "d",
"e",
36 "f", "g", and "h", and in section 331.424A, shall
not
37 be deemed received either by the division or by a
38 local authority. No refund shall be made to any
39 licensee or permittee, upon the surrender of the
40 license or permit, if there is at the time of
41 surrender, a complaint filed with the division or
42 local authority, charging the licensee or permittee
43 with a violation of this chapter. If upon a hearing
44 on a complaint the license or permit is not revoked or
45 suspended, then the licensee or permittee is eligible,
46 upon surrender of the license or permit, to receive a
47 refund as provided in this section; but if the license
48 or permit is revoked or suspended upon hearing the
49 licensee or permittee is not eligible for the refund
50 of any portion of the license or permit fee.
Page 3
1 Sec. 6. Section 218.99, Code 1995, is amended to
2 read as follows:
3 218.99 COUNTY AUDITORS TO BE NOTIFIED OF PATIENTS'
4 PERSONAL ACCOUNTS.
5 The administrator of a division of the department
6 of human services in control of a state institution
7 shall direct the business manager of each institution
8 under the administrator's jurisdiction which is
9 mentioned in section 331.424, subsection 1, paragraphs
10 "a" through "g" and "b" and for which services are
11 paid under section 331.424A to quarterly inform the
12 auditor of the county of legal settlement of any
13 patient or resident who has an amount in excess of two
14 hundred dollars on account in the patients' personal
15 deposit fund and the amount on deposit. The
16 administrators shall direct the business manager to
17 further notify the auditor of the county at least
18 fifteen days before the release of funds in excess of
19 two hundred dollars or upon the death of the patient
20 or resident. If the patient or resident has no county
21 of legal settlement, notice shall be made to the
22 director of the department of human services and the
23 administrator of the division of the department in
24 control of the institution involved.
25 Sec. 7. Section 225C.4, subsection 2, paragraph b,
26 Code 1995, is amended to read as follows:
27 b. Establish mental health and mental retardation
28 services for all institutions under the control of the
29 director of human services and establish an autism
30 unit, following mutual planning with and consultation
31 from the medical director of the state psychiatric
32 hospital, at an institution or a facility administered
33 by the administrator to provide psychiatric and
34 related services and other specific programs to meet
35 the needs of autistic persons as defined in section
36 331.424, subsection 1, and to furnish appropriate
37 diagnostic evaluation services.
38 Sec. 8. Section 331.301, subsection 12, Code 1995,
39 is amended to read as follows:
40 12. The board of supervisors may credit funds to a
41 reserve for the purposes authorized by subsection 11
42 of this section; section 331.424, subsection 1,
43 paragraph "l" "f"; and section 331.441, subsection
2,
44 paragraph "b". Moneys credited to the reserve, and
45 interest earned on such moneys, shall remain in the
46 reserve until expended for purposes authorized by
47 subsection 11 of this section; section 331.424,
48 subsection 1, paragraph "l" "f"; or section 331.441,
49 subsection 2, paragraph "b".
50 Sec. 9. Section 331.424, subsection 1, Code 1995,
Page 4
1 is amended to read as follows:
2 1. For general county services, an amount
3 sufficient to pay the charges for the following:
4 a. To the extent that the county is obligated by
5 statute to pay the charges for:
6 (1) Care and treatment of patients by a state
7 mental health institute.
8 (2) Care and treatment of patients by either of
9 the state hospital-schools or by any other facility
10 established under chapter 222 and diagnostic
11 evaluation under section 222.31.
12 (3) Care and treatment of patients under chapter
13 225.
14 (4) (1) Care and treatment of persons at the
15 alcoholic treatment center at Oakdale. However, the
16 county may require that an admission to the center
17 shall be reported to the board by the center within
18 five days as a condition of the payment of county
19 funds for that admission.
20 (5) (2) Care of children admitted or committed to
21 the Iowa juvenile home at Toledo.
22 (6) (3) Clothing, transportation, medical, or
23 other services provided persons attending the Iowa
24 braille and sight saving school, the Iowa school for
25 the deaf, or the state hospital-school for severely
26 handicapped children at Iowa City, for which the
27 county becomes obligated to pay pursuant to sections
28 263.12, 269.2, and 270.4 through 270.7.
29 b. To the extent that the board deems it advisable
30 to pay, the charges for professional evaluation,
31 treatment, training, habilitation, and care of persons
32 who are mentally retarded, autistic persons, or
33 persons who are afflicted by any other developmental
34 disability, at a suitable public or private facility
35 providing inpatient or outpatient care in the county.
36 As used in this paragraph:
37 (1) "Developmental disability" has the meaning
38 assigned that term by 42 U.S.C. sec. 6001(7) (1976),
39 Supp. II, 1978, and Supp. III, 1979.
40 (2) "Autistic persons" means persons, regardless
41 of age, with severe communication and behavior
42 disorders that became manifest during the early stages
43 of childhood development and that are characterized by
44 a severely disabling inability to understand,
45 communicate, learn, and participate in social
46 relationships. "Autistic persons" includes but is not
47 limited to those persons afflicted by infantile
48 autism, profound aphasia, and childhood psychosis.
49 c. Care and treatment of persons placed in the
50 county hospital, county care facility, a health care
Page 5
1 facility as defined in section 135C.1, subsection 6,
2 or any other public or private facility, which
3 placement is in lieu of admission or commitment to or
4 is upon discharge, removal, or transfer from a state
5 mental health institute, hospital-school, or other
6 facility established pursuant to chapter 222.
7 d. Amounts budgeted by the board for the cost of
8 establishment and initial operation of a community
9 mental health center in the manner and subject to the
10 limitations provided by state law.
11 e. b. Foster care and related services provided
12 under court order to a child who is under the
13 jurisdiction of the juvenile court, including court-
14 ordered costs for a guardian ad litem under section
15 232.71.
16 f. The care, admission, commitment, and
17 transportation of mentally ill patients in state
18 hospitals, to the extent that expenses for these
19 services are required to be paid by the county,
20 including compensation for the advocate appointed
21 under section 229.19.
22 g. Amounts budgeted by the board for mental health
23 services or mental retardation services furnished to
24 persons on either an outpatient or inpatient basis, to
25 a school or other public agency, or to the community
26 at large, by a community mental health center or other
27 suitable facility located in or reasonably near the
28 county, provided that services meet the standards of
29 the mental health and developmental disabilities
30 commission created in section 225C.5 and are
31 consistent with the annual plan for services approved
32 by the board.
33 h. Reimbursement on behalf of mentally retarded
34 persons under section 249A.12.
35 i. c. Elections, and voter registration pursuant
36 to chapter 48A.
37 j. d. Employee benefits under chapters 96, 97B,
38 and 97C, which are associated with salaries for
39 general county services.
40 k. e. Joint county and city building authorities
41 established under section 346.27, as provided in
42 subsection 22 of that section.
43 l. f. Tort liability insurance, property
44 insurance, and any other insurance that may be
45 necessary in the operation of the county, costs of a
46 self-insurance program, costs of a local government
47 risk pool, and amounts payable under any insurance
48 agreements to provide or procure such insurance, self-
49 insurance program, or local government risk pool.
50 m. g. The maintenance and operation of the
courts,
Page 6
1 including but not limited to the salary and expenses
2 of the clerk of the district court and other employees
3 of the clerk's office, and bailiffs, court costs if
4 the prosecution fails or if the costs cannot be
5 collected from the person liable, costs and expenses
6 of prosecution under section 189A.17, salaries and
7 expenses of juvenile court officers under chapter 602,
8 court-ordered costs in domestic abuse cases under
9 section 236.5, the county's expense for confinement of
10 prisoners under chapter 356A, temporary assistance to
11 the county attorney, county contributions to a
12 retirement system for bailiffs, reimbursement for
13 judicial magistrates under section 602.6501, claims
14 filed under section 622.93, interpreters' fees under
15 section 622B.7, uniform citation and complaint
16 supplies under section 805.6, and costs of prosecution
17 under section 815.13.
18 n. h. Court-ordered costs of conciliation
19 procedures under section 598.16.
20 o. i. Establishment and maintenance of a joint
21 county indigent defense fund pursuant to an agreement
22 under section 28E.19.
23 p. j. The maintenance and operation of a local
24 emergency management agency established pursuant to
25 chapter 29C.
26 The board may require a public or private facility,
27 as a condition of receiving payment from county funds
28 for services it has provided, to furnish the board
29 with a statement of the income, assets, and legal
30 residence including township and county of each person
31 who has received services from that facility for which
32 payment has been made from county funds under
33 paragraphs "a" through "h" and "b". However, the
34 facility shall not disclose to anyone the name or
35 street or route address of a person receiving services
36 for which commitment is not required, without first
37 obtaining that person's written permission.
38 Parents or other persons may voluntarily reimburse
39 the county or state for the reasonable cost of caring
40 for a patient or an inmate in a county or state
41 facility.
42 Sec. 10. NEW SECTION. 331.424A COUNTY MENTAL
43 HEALTH, MENTAL RETARDATION, AND DEVELOPMENTAL
44 DISABILITIES SERVICES FUND.
45 1. For the purposes of this chapter, unless the
46 context otherwise requires, "services fund" means the
47 county mental health, mental retardation, and
48 developmental disabilities services fund created in
49 subsection 2. The county finance committee created in
50 section 333A.2 shall consult with the state-county
Page 7
1 management committee in adopting rules and prescribing
2 forms for administering the services fund.
3 2. For the fiscal year beginning July 1, 1996, and
4 succeeding fiscal years, county revenues from taxes
5 and other sources designated for mental health, mental
6 retardation, and developmental disabilities services
7 shall be credited to the mental health, mental
8 retardation, and developmental disabilities services
9 fund of the county. The board shall make
10 appropriations from the fund for payment of services
11 provided under the county management plan approved
12 pursuant to section 331.439.
13 3. For the fiscal year beginning July 1, 1996, and
14 succeeding fiscal years, receipts from the state or
15 federal government for such services shall be credited
16 to the services fund, including moneys allotted to the
17 county from the state payment made pursuant to section
18 331.439 and moneys allotted to the county for property
19 tax relief pursuant to section 426B.1.
20 4. For the fiscal year beginning July 1, 1996, and
21 for each subsequent fiscal year, the county shall
22 certify a levy for payment of services. Unless
23 otherwise provided by state law, for each fiscal year,
24 county revenues from taxes imposed by the county
25 credited to the services fund shall not exceed an
26 amount equal to the amount of base year expenditures
27 for services in the fiscal year beginning July 1,
28 1993, and ending June 30, 1994, as defined in section
29 331.438 less the amount of property tax relief to be
30 received pursuant to section 426B.2, subsections 1 and
31 3, in the fiscal year for which the budget is
32 certified. The county auditor and the board of
33 supervisors shall reduce the amount of the levy
34 certified for the services fund by the amount of
35 property tax relief to be received.
36 5. Appropriations specifically authorized to be
37 made from the mental health, mental retardation, and
38 developmental disabilities services fund shall not be
39 made from any other fund of the county.
40 Sec. 11. Section 444.25A, subsection 3, paragraph
41 b, subparagraph (3), Code 1995, is amended to read as
42 follows:
43 (3) Need for additional moneys for health care,
44 treatment, and facilities, including mental health and
45 mental retardation care and treatment pursuant to
46 section 331.424, subsection 1, paragraphs "a" through
47 "h" and "b".
48 Sec. 12. EFFECTIVE AND APPLICABILITY DATES. This
49 division of this Act takes effect January 1, 1996, and
50 is applicable to taxes payable in the fiscal year
Page 8
1 beginning July 1, 1996, and subsequent fiscal years.
2 DIVISION III
3 PROPERTY TAX RELIEF PROVISIONS
4 Sec. 13. Section 222.60, unnumbered paragraph 1,
5 Code 1995, as amended by 1995 Iowa Acts, House File
6 483, section 12, is amended to read as follows:
7 All necessary and legal expenses for the cost of
8 admission or commitment or for the treatment,
9 training, instruction, care, habilitation, support and
10 transportation of persons with mental retardation, as
11 provided for in the county management plan provisions
12 implemented pursuant to section 331.439, subsection 1,
13 in a state hospital-school, or in a special unit, or
14 any public or private facility within or without the
15 state, approved by the director of the department of
16 human services, shall be paid by either:
17 Sec. 14. Section 331.438, subsection 1, paragraph
18 b, Code 1995, is amended to read as follows:
19 b. "State payment" means the payment made by the
20 state to a county determined to be eligible for the
21 payment in accordance with section 331.439.
22 1A. Except as modified based upon the actual
23 amount of the appropriation for purposes of state
24 payment under section 331.439, the amount of the state
25 payment for a fiscal year shall be calculated as fifty
26 percent of the amount by which the county's qualified
27 expenditures during the immediately preceding fiscal
28 year were in excess of the amount of the county's base
29 year expenditures by applying the inflation factor
30 adjustment established in accordance with section
31 331.439, subsection 3, for that fiscal year to the
32 amount of county expenditures for qualified services
33 in the previous fiscal year. A state payment is the
34 state funding a county receives pursuant to section
35 426B.2, subsection 2. Any state funding received by a
36 county for property tax relief in accordance with
37 section 426B.2, subsections 1 and 3, is not a state
38 payment and shall not be included in the state payment
39 calculation made pursuant to this subsection.
40 Sec. 15. Section 331.439, Code 1995, is amended by
41 striking the section and inserting in lieu thereof the
42 following:
43 331.439 ELIGIBILITY FOR STATE PAYMENT.
44 1. The state payment to eligible counties under
45 this section shall be made as provided in sections
46 331.438 and 426B.2. A county is eligible for the
47 state payment, as defined in section 331.438, for the
48 fiscal year beginning July 1, 1996, and for subsequent
49 fiscal years if the director of human services, in
50 consultation with the state-county management
Page 9
1 committee, determines for a specific fiscal year that
2 all of the following conditions are met:
3 a. The county accurately reported by October 15
4 the county's expenditures for mental health, mental
5 retardation, and developmental disabilities services
6 for the previous fiscal year on forms prescribed by
7 the department of human services.
8 b. The county developed and implemented a county
9 management plan for the county's mental health, mental
10 retardation, and developmental disabilities services
11 in accordance with the provisions of this paragraph.
12 The plan shall comply with the administrative rules
13 adopted for this purpose by the council on human
14 services and is subject to the approval of the
15 director of human services in consultation with the
16 state-county management committee created in section
17 331.438. The plan shall include a description of the
18 county's service management provision for mental
19 health, mental retardation, and developmental
20 disabilities services. For mental retardation and
21 developmental disabilities service management, the
22 plan shall describe the county's development and
23 implementation of a managed system of cost-effective
24 individualized services and shall comply with the
25 provisions of paragraph "d". The goal of this part of
26 the plan shall be to assist the individuals served to
27 be as independent, productive, and integrated into the
28 community as possible. The service management
29 provisions for mental health shall comply with the
30 provisions of paragraph "c".
31 c. (1) For mental health service management, the
32 county may either directly implement a system of
33 service management and contract with service
34 providers, or contract with a private entity to manage
35 the system, provided all requirements of this lettered
36 paragraph are met by the private entity. The mental
37 health service management shall incorporate a single
38 entry point and clinical assessment process developed
39 in accordance with the provisions of section 331.440.
40 The county shall submit this part of the plan to the
41 department of human services for approval by April 1
42 for the succeeding year. Initially, this part of the
43 plan shall be submitted to the department by April 1,
44 1996, and the county shall implement the approved plan
45 by July 1, 1996.
46 (2) The basis for determining whether a managed
47 care system for mental health proposed by a county is
48 comparable to a mental health managed care contractor
49 approved by the department of human services shall
50 include but is not limited to all of the following
Page 10
1 elements which shall be specified in administrative
2 rules adopted by the council on human services in
3 consultation with the state-county management
4 committee:
5 (a) The enrollment and eligibility process.
6 (b) The scope of services included.
7 (c) The method of plan administration.
8 (d) The process for managing utilization and
9 access to services and other assistance.
10 (e) The quality assurance process.
11 (f) The risk management provisions and fiscal
12 viability of the provisions, if the county contracts
13 with a private managed care entity.
14 d. For mental retardation and developmental
15 disabilities services management, the county must
16 either develop and implement a managed system of care
17 which addresses a full array of appropriate services
18 and cost-effective delivery of services or contract
19 with a state-approved managed care contractor or
20 contractors. Any system or contract implemented under
21 this paragraph shall incorporate a single entry point
22 and clinical assessment process developed in
23 accordance with the provisions of section 331.440.
24 The elements of the managed system of care and the
25 state-approved managed care contract or contracts
26 shall be specified in rules developed by the
27 department of human services in consultation with the
28 state-county management committee and adopted by the
29 council on human services. Initially, this part of
30 the plan shall be submitted to the department for
31 approval on or before October 1, 1996, and shall be
32 implemented on or before January 1, 1997. In fiscal
33 years succeeding the fiscal year of initial
34 implementation, this part of the plan shall be
35 submitted to the department of human services for
36 approval by April 1 for the succeeding fiscal year.
37 e. Changes to the approved plan are submitted at
38 least sixty days prior to the proposed change and are
39 not to be implemented prior to the director of human
40 services' approval.
41 2. The county management plan shall address the
42 county's criteria for serving persons with chronic
43 mental illness, including any rationale used for
44 decision making regarding this population.
45 3. a. For the fiscal year beginning July 1, 1996,
46 and succeeding fiscal years, the county's mental
47 health, mental retardation, and developmental
48 disabilities service expenditures for a fiscal year
49 are limited to a fixed budget amount. The fixed
50 budget amount shall be the amount identified in the
Page 11
1 county's management plan and budget for the fiscal
2 year. The county shall be allowed an inflation factor
3 adjustment for services paid from the county's
4 services fund under section 331.424A which is in
5 accordance with the county's management plan and
6 budget, implemented pursuant to this section.
7 b. Based upon information contained in county
8 management plans and budgets, the state-county
9 management committee shall recommend an inflation
10 factor adjustment to the council on human services by
11 November 15 for the succeeding fiscal year. The
12 inflation factor adjustment shall address costs
13 associated with new consumers of service, service cost
14 inflation, and investments for economy and efficiency.
15 The council on human services shall recommend to the
16 governor the amount of the inflation factor adjustment
17 for the succeeding fiscal year for inclusion in the
18 governor's proposed budget for the succeeding fiscal
19 year.
20 c. If the general assembly has not revised the
21 amount of the inflation factor adjustment for a fiscal
22 year on the date county budgets must be approved and
23 levies must be certified for that fiscal year, the
24 budgets and levies shall utilize the inflation factor
25 adjustment for that fiscal year recommended by the
26 governor in the governor's proposed budget.
27 4. A county may provide assistance to service
28 populations with disabilities to which the county has
29 historically provided assistance but who are not
30 included in the service management provisions required
31 under subsection 1, subject to the availability of
32 funding.
33 5. Notwithstanding any other provision of law to
34 the contrary, a county shall have no obligation to pay
35 for or provide mental health, mental retardation, or
36 developmental disabilities services for any person
37 that applies through the county's single entry point
38 and clinical assessment process after the moneys in
39 the county services fund under section 331.424A are
40 expended.
41 6. A county shall implement the county's
42 management plan in a manner so as to provide adequate
43 funding for the entire fiscal year by budgeting for
44 ninety-nine percent of the funding anticipated to be
45 available for the plan. A county may expend all of
46 the funding anticipated to be available for the plan.
47 7. The director's approval of a county's mental
48 health, mental retardation, and developmental
49 disabilities services management plan shall not be
50 construed to constitute certification of the county's
Page 12
1 budget.
2 Sec. 16. Section 331.440, subsection 1, Code 1995,
3 is amended by adding the following new paragraph:
4 NEW PARAGRAPH. c. The single entry point and
5 clinical assessment process shall include provision
6 for the county's participation in a management
7 information system developed in accordance with rules
8 adopted pursuant to subsection 3.
9 Sec. 17. NEW SECTION. 426B.1 APPROPRIATIONS --
10 PROPERTY TAX RELIEF FUND.
11 1. A property tax relief fund is created in the
12 state treasury under the authority of the department
13 of revenue and finance. The fund shall be separate
14 from the general fund of the state and shall not be
15 considered part of the general fund of the state
16 except in determining the cash position of the state
17 for payment of state obligations. The moneys in the
18 fund are not subject to the provisions of section 8.33
19 and shall not be transferred, used, obligated,
20 appropriated, or otherwise encumbered except as
21 provided in this section. Moneys in the fund may be
22 used for cash flow purposes, provided that any moneys
23 so allocated are returned to the fund by the end of
24 each fiscal year. However, the fund shall be
25 considered a special account for the purposes of
26 section 8.53, relating to elimination of any GAAP
27 deficit. For the purposes of this chapter, unless the
28 context otherwise requires, "property tax relief fund"
29 means the property tax relief fund created in this
30 section.
31 2. There is appropriated to the property tax
32 relief fund for the indicated fiscal years from the
33 general fund of the state the following amounts:
34 a. For the fiscal year beginning July 1, 1995,
35 sixty-one million dollars.
36 b. For the fiscal year beginning July 1, 1996,
37 seventy-eight million dollars.
38 c. For the fiscal year beginning July 1, 1997, and
39 succeeding fiscal years, ninety-five million dollars.
40 Sec. 18. NEW SECTION. 426B.2 PROPERTY TAX RELIEF
41 FUND DISTRIBUTIONS.
42 Moneys in the property tax relief fund shall be
43 utilized in each fiscal year as follows in the order
44 listed:
45 1. The first sixty-one million dollars plus the
46 amount paid pursuant to subsection 3 in the previous
47 fiscal year in the property tax relief fund shall be
48 distributed to counties under this subsection. A
49 county's proportion of the moneys shall be equivalent
50 to the sum of the following three factors:
Page 13
1 a. One-third based upon the county's proportion of
2 the state's general population.
3 b. One-third based upon the county's proportion of
4 the state's total taxable property valuation assessed
5 for taxes payable in the previous fiscal year.
6 c. One-third based upon the county's proportion of
7 all counties' base year expenditures, as defined in
8 section 331.438.
9 Moneys provided to a county for property tax relief
10 in a fiscal year in accordance with this section shall
11 not be less than the amount provided for property tax
12 relief in the previous fiscal year.
13 2. Payment of moneys to eligible counties of the
14 state payment in accordance with the provisions of
15 sections 331.438 and 331.439.
16 3. For the fiscal year beginning July 1, 1996, and
17 succeeding fiscal years, the department of human
18 services shall estimate the amount of moneys required
19 for the state payment pursuant to subsection 2.
20 Moneys remaining in the property tax relief fund
21 following the payment made pursuant to subsection 1
22 and the estimated amount of the state payment pursuant
23 to subsection 2 shall be paid for property tax relief
24 in the same manner as provided in subsection 1 to
25 counties eligible for state payment under subsection
26 2. These payments shall continue until the combined
27 amount of the payments made under this subsection and
28 subsection 1 are equal to fifty percent of the total
29 of all counties' base year expenditures as defined in
30 section 331.438. The amount of moneys paid to a
31 county pursuant to this subsection shall be added in
32 subsequent fiscal years to the amount of moneys paid
33 under subsection 1.
34 4. Moneys remaining in the property tax relief
35 fund following the payments made pursuant to
36 subsections 1, 2, and 3 shall be transferred to the
37 homestead credit fund created in section 425.1. This
38 transfer shall continue until the homestead credit is
39 fully funded.
40 5. The department of human services shall notify
41 the director of revenue and finance of the amounts due
42 a county in accordance with the provisions of this
43 section. The director of revenue and finance shall
44 draw warrants on the property tax relief fund, payable
45 to the county treasurer in the amount due to a county
46 in accordance with subsections 1 and 3 and mail the
47 warrants to the county auditors in September and March
48 of each year. Warrants for the state payment in
49 accordance with subsection 2 shall be mailed in
50 January of each year.
Page 14
1 Sec. 19. NEW SECTION. 426B.3 NOTIFICATION OF
2 MENTAL HEALTH, MENTAL RETARDATION, AND DEVELOPMENTAL
3 DISABILITIES EXPENDITURE RELIEF FUND PAYMENT.
4 1. The county auditor shall reduce the certified
5 budget amount received from the board of supervisors
6 for the succeeding fiscal year for the county mental
7 health, mental retardation, and developmental
8 disabilities services fund created in section 331.424A
9 by an amount equal to the amount the county will
10 receive from the property tax relief fund pursuant to
11 section 426B.2, subsections 1 and 3, for the
12 succeeding fiscal year and the auditor shall determine
13 the rate of taxation necessary to raise the reduced
14 amount. On the tax list, the county auditor shall
15 compute the amount of taxes due and payable on each
16 parcel before and after the amount received from the
17 property tax relief fund is used to reduce the county
18 budget. The director of revenue and finance shall
19 notify the county auditor of each county of the amount
20 of moneys the county will receive from the property
21 tax relief fund pursuant to section 426B.2,
22 subsections 1 and 3, for the succeeding fiscal year.
23 2. The amount of property tax dollars reduced on
24 each parcel as a result of the moneys received from
25 the property tax relief fund pursuant to section
26 426B.2, subsections 1 and 3, shall be noted on each
27 tax statement prepared by the county treasurer
28 pursuant to section 445.23.
29 Sec. 20. NEW SECTION. 426B.4 RULES.
30 The council on human services shall consult with
31 the state-county management committee created in
32 section 331.438 and the director of revenue and
33 finance in prescribing forms and adopting rules
34 pursuant to chapter 17A to administer this chapter.
35 Sec. 21. PROPERTY TAX RELIEF -- FISCAL YEAR 1995-
36 1996. For the fiscal year beginning July 1, 1995, the
37 department of management shall notify each county
38 auditor by June 1, 1995, of the amount the county will
39 receive from the property tax relief fund for property
40 tax relief pursuant to section 426B.2, subsection 1,
41 for that fiscal year. The county auditor shall reduce
42 by the notified amount the amount of the county's
43 certified budget to be raised by property tax for that
44 fiscal year which is to be expended for mental health,
45 mental retardation, and developmental disabilities
46 services and shall revise the rate of taxation as
47 necessary to raise the reduced amount. The county
48 auditor shall report the reduction in the certified
49 budget and the revised rate of taxation to the
50 department of management by June 30, 1995.
Page 15
1 Sec. 22. FUNDING OF SESSION LAW REQUIREMENTS. If
2 the appropriations in section 426B.1, subsection 2, as
3 created in this division of this Act, are enacted by
4 this Act, the requirements of 1994 Iowa Acts, chapter
5 1163, section 8, subsection 2, to fully fund
6 provisions of sections 331.438 and 331.439 shall be
7 considered to be met and the repeals contained in 1994
8 Iowa Acts, chapter 1163, section 8, subsection 2,
9 shall be void.
10 Sec. 23. STATE-COUNTY MANAGEMENT COMMITTEE REVIEW
11 -- 1995 INTERIM. The state-county management
12 committee created in section 331.438 shall review
13 statutory provisions and administrative rules which
14 are intended to regulate and contain county
15 expenditures for mental health, mental retardation,
16 and developmental disabilities (MH/MR/DD) services and
17 the formula for distribution of property tax relief
18 moneys to counties under section 426B.2. The
19 committee should consider proposals from counties and
20 other interested persons for a distribution formula
21 factor which rewards or provides incentives for
22 economy and efficiency in providing mental health,
23 mental retardation, and developmental disabilities
24 services; and a mechanism for a county to appeal to
25 the state if it is believed the county is unfairly
26 treated under an established funding formula. In
27 addition, the committee shall consider tort and other
28 liability issues associated with a county managing
29 MH/MR/DD expenditures in accordance with a fixed
30 budget and make recommendations to address the issues.
31 The committee shall review the dates required under
32 section 331.439 and chapter 426B, as enacted by this
33 Act and make recommendations for change if revisions
34 are deemed necessary. The committee shall report to
35 the governor and the general assembly on or before
36 December 1, 1995.
37 Sec. 24. LEVY STUDY. The county finance committee
38 created in chapter 333A shall consult with any
39 interested parties in studying the ramifications of
40 consolidating the county general basic levies and the
41 general supplemental levies and other proposals
42 involving the levies. The committee shall be assisted
43 by four legislators with one each appointed by the
44 following leaders: majority leader of the senate,
45 minority leader of the senate, speaker of the house of
46 representatives, and minority leader of the house of
47 representatives. The legislative appointees are
48 eligible for per diem and actual expenses for their
49 assistance to the committee. The committee shall
50 report to the governor and the general assembly with
Page 16
1 findings and recommendations on or before January 4,
2 1996.
3 Sec. 25. EFFECTIVE DATE. Section 21 of this
4 division of this Act, relating to property tax relief
5 for fiscal year 1995-1996, being deemed of immediate
6 importance, takes effect upon enactment.
7 DIVISION IV
8 COUNTY PROPERTY TAX LIMITATION
9 Sec. 26. Section 444.25A, subsection 1, Code 1995,
10 is amended to read as follows:
11 1. COUNTY LIMITATION. The maximum amount of
12 property tax dollars which may be certified by a
13 county for taxes payable in the fiscal year beginning
14 July 1, 1995, shall not exceed the amount of property
15 tax dollars certified by the county for taxes payable
16 in the fiscal year beginning July 1, 1994, minus the
17 amount of property tax relief moneys to be received by
18 the county for the fiscal year beginning July 1, 1995,
19 pursuant to section 426B.2, subsection 1, and the
20 maximum amount of property tax dollars which may be
21 certified by a county for taxes payable in the fiscal
22 year beginning July 1, 1996, shall not exceed the
23 amount of property tax dollars certified by the county
24 for taxes payable in the fiscal year beginning July 1,
25 1995, minus the amount by which the property tax
26 relief moneys to be received by the county in the
27 fiscal year beginning July 1, 1996, pursuant to
28 section 426B.2, subsections 1 and 3, exceeds the
29 amount of the property tax relief moneys received in
30 the fiscal year beginning July 1, 1995, for each of
31 the levies for the following, except for the levies on
32 the increase in taxable valuation due to new
33 construction, additions or improvements to existing
34 structures, remodeling of existing structures for
35 which a building permit is required, annexation, and
36 phasing out of tax exemptions, and on the increase in
37 valuation of taxable property as a result of a
38 comprehensive revaluation by a private appraiser under
39 a contract entered into prior to January 1, 1992, or
40 as a result of a comprehensive revaluation directed or
41 authorized by the conference board prior to January 1,
42 1992, with documentation of the contract,
43 authorization, or directive on the revaluation
44 provided to the director of revenue and finance, if
45 the levies are equal to or less than the levies for
46 the previous year, levies on that portion of the
47 taxable property located in an urban renewal project
48 the tax revenues from which are no longer divided as
49 provided in section 403.19, subsection 2, or as
50 otherwise provided in this section:
Page 17
1 a. General county services under section 331.422,
2 subsection 1.
3 b. Rural county services under section 331.422,
4 subsection 2.
5 c. Other taxes under section 331.422, subsection
6 4.
7 Sec. 27. NEW SECTION. 444.25B PROPERTY TAX
8 LIMITATION FOR FISCAL YEAR 1998.
9 1. COUNTY LIMITATION. The maximum amount of
10 property tax dollars which may be certified by a
11 county for taxes payable in the fiscal year beginning
12 July 1, 1997, shall not exceed the amount of property
13 tax dollars certified by the county for taxes payable
14 in the fiscal year beginning July 1, 1996, minus the
15 amount by which the property tax relief moneys to be
16 received by the county in the fiscal year beginning
17 July 1, 1997, pursuant to section 426B.2, subsections
18 1 and 3, exceeds the amount of the property tax relief
19 moneys received in the fiscal year beginning July 1,
20 1996, for each of the levies for the following, except
21 for the levies on the increase in taxable valuation
22 due to new construction, additions or improvements to
23 existing structures, remodeling of existing structures
24 for which a building permit is required, annexation,
25 and phasing out of tax exemptions, and on the increase
26 in valuation of taxable property as a result of a
27 comprehensive revaluation by a private appraiser under
28 a contract entered into prior to January 1, 1992, or
29 as a result of a comprehensive revaluation directed or
30 authorized by the conference board prior to January 1,
31 1992, with documentation of the contract,
32 authorization, or directive on the revaluation
33 provided to the director of revenue and finance, if
34 the levies are equal to or less than the levies for
35 the previous year, levies on that portion of the
36 taxable property located in an urban renewal project
37 the tax revenues from which are no longer divided as
38 provided in section 403.19, subsection 2, or as
39 otherwise provided in this section:
40 a. General county services under section 331.422,
41 subsection 1.
42 b. Rural county services under section 331.422,
43 subsection 2.
44 c. Other taxes under section 331.422, subsection
45 4.
46 2. EXCEPTIONS. The limitations provided in
47 subsection 1 do not apply to the levies made for the
48 following:
49 a. Debt service to be deposited into the debt
50 service fund pursuant to section 331.430.
Page 18
1 b. Taxes approved by a vote of the people which
2 are payable during the fiscal year beginning July 1,
3 1997.
4 c. Hospitals pursuant to chapters 37, 347, and
5 347A.
6 d. Emergency management to be deposited into the
7 local emergency management fund and expended for
8 development of hazardous substance teams pursuant to
9 chapter 29C.
10 e. Unusual need for additional moneys to finance
11 existing programs which would provide substantial
12 benefit to county residents or compelling need to
13 finance new programs which would provide substantial
14 benefit to county residents. The increase in taxes
15 levied under this exception for the fiscal year
16 beginning July 1, 1997, is limited to no more than the
17 product of the total tax dollars levied in the fiscal
18 year beginning July 1, 1996, and the percent change,
19 computed to two decimal places, in the price index for
20 government purchases by type for state and local
21 governments computed for the third quarter of calendar
22 year 1996 from that computed for the third quarter of
23 calendar year 1995.
24 For purposes of this paragraph, the price index for
25 government purchases by type for state and local
26 governments is defined by the bureau of economic
27 analysis of the United States department of commerce
28 and published in table 7.11 of the national income and
29 products accounts. For the fiscal year beginning July
30 1, 1997, the price index used shall be the revision
31 published in the November 1996 edition of the United
32 States department of commerce publication, "survey of
33 current business". For purposes of this paragraph,
34 tax dollars levied in the fiscal year beginning July
35 1, 1996, shall not include funds levied for paragraphs
36 "a", "b", and "c" of this subsection.
37 Application of this exception shall require an
38 original publication of the budget and a public
39 hearing and a second publication and a second hearing
40 both in the manner and form prescribed by the director
41 of the department of management, notwithstanding the
42 provisions of section 331.434. The publications and
43 hearings prescribed in this paragraph shall be held
44 and the budget certified no later than March 15. The
45 taxes levied for counties whose budgets are certified
46 after March 15, 1997, shall be frozen at the fiscal
47 year beginning July 1, 1996, level.
48 3. APPEAL PROCEDURES. In lieu of the procedures
49 in sections 24.48 and 331.426, which procedures do not
50 apply for taxes payable in the fiscal year beginning
Page 19
1 July 1, 1997, if a county needs to raise property tax
2 dollars from a tax levy in excess of the limitations
3 imposed by subsection 1, the following procedures
4 apply:
5 a. Not later than March 1, and after the
6 publication and public hearing on the budget in the
7 manner and form prescribed by the director of the
8 department of management, notwithstanding section
9 331.434, the county shall petition the state appeal
10 board for approval of a property tax increase in
11 excess of the increase provided for in subsection 2,
12 paragraph "e", on forms furnished by the director of
13 the department of management. Applications received
14 after March 1 shall be automatically ineligible for
15 consideration by the board.
16 b. Additional costs incurred by the county due to
17 any of the following circumstances shall be the basis
18 for justifying the excess in property tax dollars:
19 (1) Natural disaster or other life-threatening
20 emergencies.
21 (2) Unusual need for additional moneys to finance
22 existing programs which would provide substantial
23 benefit to county residents or compelling need to
24 finance new programs which would provide substantial
25 benefit to county residents.
26 (3) Need for additional moneys for health care,
27 treatment, and facilities pursuant to section 331.424,
28 subsection 1, paragraphs "a" and "b".
29 (4) Judgments, settlements, and related costs
30 arising out of civil claims against the county and its
31 officers, employees, and agents, as defined in chapter
32 670.
33 c. The state appeal board shall approve,
34 disapprove, or reduce the amount of excess property
35 tax dollars requested. The board shall take into
36 account the intent of this section to provide property
37 tax relief. The decision of the board shall be
38 rendered at a regular or special meeting of the board
39 within twenty days of the board's receipt of an
40 appeal.
41 d. Within seven days of receipt of the decision of
42 the state appeal board, the county shall adopt and
43 certify its budget under section 331.434, which budget
44 may be protested as provided in section 331.436. The
45 budget shall not contain an amount of property tax
46 dollars in excess of the amount approved by the state
47 appeal board.
48 4. Rate adjustment by county auditor. In addition
49 to the requirement of the county auditor in section
50 444.3 to establish a rate of tax which does not exceed
Page 20
1 the rate authorized by law, the county auditor shall
2 also adjust the rate if the amount of property tax
3 dollars to be raised is in excess of the amount
4 specified in subsection 1, as may be adjusted pursuant
5 to subsection 3.
6 Sec. 28. Section 444.27, Code 1995, is amended to
7 read as follows:
8 444.27 SECTIONS VOID.
9 1. For purposes of section 444.25, sections 24.48
10 and 331.426 are void for the fiscal years beginning
11 July 1, 1993, and July 1, 1994. For purposes of
12 section 444.25A, sections 24.48 and 331.426 are void
13 for the fiscal years beginning July 1, 1995, and July
14 1, 1996.
15 2. For purposes of section 444.25B, sections 24.48
16 and 331.426 are void for the fiscal year beginning
17 July 1, 1997.
18 DIVISION V
19 INDUSTRIAL MACHINERY, EQUIPMENT AND COMPUTERS PROPERTY
20 TAX
21 EXEMPTION AND REPLACEMENT
22 Sec. 29. Section 427B.17, Code 1995, is amended to
23 read as follows:
24 427B.17 PROPERTY SUBJECT TO SPECIAL VALUATION.
25 1. For property defined in section 427A.1,
26 subsection 1, paragraphs "e" and "j", acquired or
27 initially leased on or after January 1, 1982, the
28 taxpayer's valuation shall be limited to thirty
29 percent of the net acquisition cost of the property,
30 except as otherwise provided in subsections 2 and 3.
31 For purposes of this section, "net acquisition cost"
32 means the acquired cost of the property including all
33 foundations and installation cost less any excess cost
34 adjustment.
35 For purposes of this section subsection:
36 1. Property assessed by the department of revenue
37 and finance pursuant to sections 428.24 to 428.29, or
38 chapters 433, 434 and 436 to 438 shall not receive the
39 benefits of this section.
40 2. a. Property acquired before January 1, 1982,
41 which was owned or used before January 1, 1982, by a
42 related person shall not receive the benefits of this
43 section subsection.
44 3. b. Property acquired on or after January 1,
45 1982, which was owned and used by a related person
46 shall not receive any additional benefits under this
47 section subsection.
48 4. c. Property which was owned or used before
49 January 1, 1982, and subsequently acquired by an
50 exchange of like property shall not receive the
Page 21
1 benefits of this section subsection.
2 5. d. Property which was acquired on or after
3 January 1, 1982, and subsequently exchanged for like
4 property shall not receive any additional benefits
5 under this section subsection.
6 6. e. Property acquired before January 1, 1982,
7 which is subsequently leased to a taxpayer or related
8 person who previously owned the property shall not
9 receive the benefits of this section subsection.
10 7. f. Property acquired on or after January 1,
11 1982, which is subsequently leased to a taxpayer or
12 related person who previously owned the property shall
13 not receive any additional benefits under this section
14 subsection.
15 For purposes of this section subsection, "related
16 person" means a person who owns or controls the
17 taxpayer's business and another business entity from
18 which property is acquired or leased or to which
19 property is sold or leased. Business entities are
20 owned or controlled by the same person if the same
21 person directly or indirectly owns or controls fifty
22 percent or more of the assets or any class of stock or
23 who directly or indirectly has an interest of fifty
24 percent or more in the ownership or profits.
25 2. Property defined in section 427A.1, subsection
26 1, paragraphs "e" and "j", which is first assessed for
27 taxation in this state on or after January 1, 1995,
28 shall be exempt from taxation.
29 3. Property defined in section 427A.1, subsection
30 1, paragraphs "e" and "j", and assessed under section
31 427B.17, subsection 1, shall be valued by the local
32 assessor as follows for the following assessment
33 years:
34 a. For the assessment year beginning January 1,
35 1999, at twenty-two percent of the net acquisition
36 cost.
37 b. For the assessment year beginning January 1,
38 2000, at fourteen percent of the net acquisition cost.
39 c. For the assessment year beginning January 1,
40 2001, at six percent of the net acquisition cost.
41 d. For the assessment year beginning January 1,
42 2002, and succeeding assessment years, at zero percent
43 of the net acquisition cost.
44 4. Property assessed pursuant to this section
45 shall not be eligible to receive a partial exemption
46 under sections 427B.1 to 427B.6.
47 5. This section shall not apply to property
48 assessed by the department of revenue and finance
49 pursuant to sections 428.24 to 428.29, or chapters
50 433, 434, and 436 to 438, and such property shall not
Page 22
1 receive the benefits of this section.
2 Any electric power generating plant which operated
3 during the preceding assessment year at a net capacity
4 factor of more than twenty percent, shall not receive
5 the benefits of this section or of sections 15.332 and
6 15.334. For purposes of this section, "electric power
7 generating plant" means any name plate rated electric
8 power generating plant, in which electric energy is
9 produced from other forms of energy, including all
10 taxable land, buildings, and equipment used in the
11 production of such energy. "Net capacity factor"
12 means net actual generation divided by the product of
13 net maximum capacity times the number of hours the
14 unit was in the active state during the assessment
15 year. Upon commissioning, a unit is in the active
16 state until it is decommissioned. "Net actual
17 generation" means net electrical megawatt hours
18 produced by the unit during the preceding assessment
19 year. "Net maximum capacity" means the capacity the
20 unit can sustain over a specified period when not
21 restricted by ambient conditions or equipment
22 deratings, minus the losses associated with station
23 service or auxiliary loads.
24 6. The taxpayer's valuation of property defined in
25 section 427A.1, subsection 1, paragraphs "e" and "j",
26 and located in an urban renewal area for which an
27 urban renewal plan provides for the division of taxes
28 as provided in section 403.19 to pay the principal and
29 interest on loans, advances, bonds issued under the
30 authority of section 403.9, subsection 1, or
31 indebtedness incurred by a city or county to finance
32 an urban renewal project within the urban renewal
33 area, if such loans, advances, or bonds were issued or
34 indebtedness incurred, on or after January 1, 1982,
35 and on or before June 30, 1995, shall be limited to
36 thirty percent of the net acquisition cost of the
37 property. Such property located in an urban renewal
38 area shall not be valued pursuant to subsection 2 or
39 3, whichever is applicable, until the assessment year
40 following the calendar year in which the obligations
41 created by any loans, advances, bonds, or indebtedness
42 payable from the division of taxes as provided in
43 section 403.19 have been retired. The taxpayer's
44 valuation for such property shall then be the
45 valuation specified in subsection 2 or 3, whichever is
46 applicable, for the applicable assessment year. If
47 the loans, advances, or bonds issued, or indebtedness
48 incurred between January 1, 1982, and June 30, 1995,
49 are refinanced or refunded after June 30, 1995, the
50 valuation of such property shall then be the valuation
Page 23
1 specified in subsection 2 or 3, whichever is
2 applicable, for the applicable assessment year
3 beginning with the assessment year following the
4 calendar year in which any of those loans, advances,
5 bonds, or other indebtedness are refinanced or
6 refunded after June 30, 1995.
7 7. For the purpose of dividing taxes under section
8 260E.4 or 260F.4, the employer's or business's
9 valuation of property defined in section 427A.1,
10 subsection 1, paragraphs "e" and "j", and used to fund
11 a new jobs training project which project's first
12 written agreement providing for a division of taxes as
13 provided in section 403.19 is approved on or before
14 June 30, 1995, shall be limited to thirty percent of
15 the net acquisition cost of the property. An
16 employer's or business's taxable property used to fund
17 a new jobs training project shall not be valued
18 pursuant to subsection 2 or 3, whichever is
19 applicable, until the assessment year following the
20 calendar year in which the certificates or other
21 funding obligations have been retired or escrowed.
22 The taxpayer's valuation for such property shall then
23 be the valuation specified in subsection 1 for the
24 applicable assessment year. If the certificates
25 issued, or other funding obligations incurred, between
26 January 1, 1982, and June 30, 1995, are refinanced or
27 refunded after June 30, 1995, the valuation of such
28 property shall then be the valuation specified in
29 subsection 2 or 3, whichever is applicable, for the
30 applicable assessment year beginning with the
31 assessment year following the calendar year in which
32 those certificates or other funding obligations are
33 refinanced or refunded after June 30, 1995.
34 Sec. 30. NEW SECTION. 427B.18 REPLACEMENT.
35 Beginning with the fiscal year beginning July 1,
36 1996, each county treasurer shall be paid from the
37 industrial machinery, equipment and computers
38 replacement fund an amount equal to the amount of the
39 industrial machinery, equipment and computers tax
40 replacement claim, as calculated in section 427B.19.
41 Sec. 31. NEW SECTION. 427B.19 ASSESSOR AND
42 COUNTY AUDITOR DUTIES.
43 1. On or before July 1 of each fiscal year, the
44 assessor shall determine the total assessed value of
45 the property assessed under section 427B.17 for taxes
46 payable in that fiscal year and the total assessed
47 value of such property assessed as of January 1, 1994,
48 and shall report the valuations to the county auditor.
49 2. On or before July 1 of each fiscal year, the
50 assessor shall determine the valuation of all
Page 24
1 commercial and industrial property assessed for taxes
2 payable in that fiscal year and the valuation of such
3 property assessed as of January 1, 1994, and shall
4 report the valuations to the county auditor.
5 3. On or before July 1, 1996, and on or before
6 July 1 of each succeeding fiscal year through June 30,
7 2006, the county auditor shall prepare a statement,
8 based upon the report received pursuant to subsections
9 1 and 2, listing for each taxing district in the
10 county:
11 a. Beginning with the assessment year beginning
12 January 1, 1995, the difference between the assessed
13 valuation of property assessed pursuant to section
14 427B.17 for that year and the total assessed value of
15 such property assessed as of January 1, 1994. If the
16 total assessed value of the property assessed as of
17 January 1, 1994, is less, there is no tax replacement
18 for the fiscal year.
19 b. The tax levy rate for each taxing district for
20 that fiscal year.
21 c. The industrial machinery, equipment and
22 computers tax replacement claim for each taxing
23 district. For fiscal years beginning July 1, 1996,
24 and ending June 30, 2001, the replacement claim is
25 equal to the amount determined pursuant to paragraph
26 "a", multiplied by the tax rate specified in paragraph
27 "b". For fiscal years beginning July 1, 2001, and
28 ending June 30, 2006, the replacement claim is equal
29 to the product of the amount determined pursuant to
30 paragraph "a", less any increase in valuations
31 determined in paragraph "d", and the tax rate
32 specified in paragraph "b". If the amount subtracted
33 under paragraph "d" is more than the amount determined
34 in paragraph "a", there is no tax replacement for the
35 fiscal year.
36 d. Beginning with the assessment year beginning
37 January 1, 2000, the auditor shall reduce the amount
38 listed in paragraph "a", by the increase, if any, in
39 assessed valuations of commercial and industrial
40 property in the assessment year beginning January 1,
41 1994, and the assessment year for which taxes are due
42 and payable in that fiscal year. If the calculation
43 under this paragraph indicates a net decrease in
44 aggregate valuation of such property, the industrial
45 machinery, equipment and computers tax replacement
46 claim for each taxing district is equal to the amount
47 determined pursuant to paragraph "a", multiplied by
48 the tax rate specified in paragraph "b".
49 4. The county auditor shall certify and forward
50 one copy of the statement to the department of revenue
Page 25
1 and finance not later than July 1 of each year.
2 Sec. 32. NEW SECTION. 427B.19A FUND CREATED.
3 1. The industrial machinery, equipment and
4 computers property tax replacement fund is created.
5 For the fiscal year beginning July 1, 1996, through
6 the fiscal year ending June 30, 2006, there is
7 appropriated annually from the general fund of the
8 state to the department of revenue and finance to be
9 credited to the industrial machinery, equipment and
10 computers property tax replacement fund, an amount
11 sufficient to implement this division.
12 2. If an amount appropriated for a fiscal year is
13 insufficient to pay all claims, the director shall
14 prorate the disbursements from the fund to the county
15 treasurers and shall notify the county auditors of the
16 pro rata percentage on or before August 1.
17 3. The replacement claims shall be paid to each
18 county treasurer in equal installments in September
19 and March of each year. The county treasurer shall
20 apportion the replacement claim payments among the
21 eligible taxing districts in the county.
22 Sec. 33. NEW SECTION. 427B.19B GUARANTEE OF
23 STATE REPLACEMENT FUNDS.
24 For the fiscal years beginning July 1, 1996, and
25 ending June 30, 2006, if the industrial machinery,
26 equipment and computers property tax replacement fund
27 is insufficient to pay in full the total of the
28 amounts certified to the director of revenue and
29 finance, the director shall compute for each county
30 the difference between the total of all replacement
31 claims for each taxing district within the county and
32 the amount paid to the county treasurer for
33 disbursement to each taxing district in the county.
34 The assessor, for the assessment year for which taxes
35 are due and payable in the fiscal year for which a
36 sufficient appropriation was not made, shall revalue
37 all industrial machinery, equipment and computers
38 described in section 427B.17, subsections 2 and 3, in
39 the county at a percentage of net acquisition cost
40 which will yield from each taxing district its
41 shortfall and the property shall be assessed and taxed
42 in such manner for taxes due and payable in the
43 following fiscal year in addition to being assessed
44 and taxed in the applicable manner under section
45 427B.17. When conducting the revaluation, the
46 assessor shall increase the percentage of net
47 acquisition cost of such property by the same
48 percentage point. Property tax dollar amounts
49 certified pursuant to this section shall not be
50 considered property tax dollars certified for purposes
Page 26
1 of the property tax limitation in chapter 444.
2 Sec. 34. Section 257.3, subsection 1, Code 1995,
3 is amended by adding the following new unnumbered
4 paragraph:
5 NEW UNNUMBERED PARAGRAPH. The amount paid to each
6 school district for the tax replacement claim for
7 industrial machinery, equipment and computers under
8 section 427B.19A shall be regarded as property tax.
9 The portion of the payment which is foundation
10 property tax shall be determined by applying the
11 foundation property tax rate to the amount computed
12 under section 427B.19, subsection 3, paragraph "a", as
13 adjusted by paragraph "d", if any adjustment was made.
14 DIVISION VI
15 FISCAL YEAR 1996 PAYMENT
16 Sec. 35. FISCAL YEAR 1996 RELIEF FUND PAYMENT.
17 Notwithstanding 1995 Iowa Acts, House File 132,
18 section 13, the appropriation in that section shall
19 not be made from the general fund of the state but
20 shall be made from the property tax relief fund
21 created in section 426B.1, as enacted by this Act.
22 Notwithstanding section 426B.2, subsection 2, as
23 enacted by this Act, for the fiscal year beginning
24 July 1, 1995, the amount of moneys distributed under
25 that subsection shall be $54.4 million."
26 2. Title page, by striking lines 1 through 4 and
27 inserting the following: "An Act relating to tax
28 provisions involving state income tax, certain county
29 property tax and services associated with mental
30 health and developmental disabilities services, the
31 county property tax limitation, and property tax on
32 industrial machinery, equipment and computers,
33 providing appropriations, and providing effective and
34 applicability dates.""
The motion prevailed and the House concurred in the Senate
amendment H-4121, to the House amendment.
Halvorson of Clayton moved that the bill, as amended by the
House, further amended by the Senate and concurred in by the
House, be read a last time now and placed upon its passage which
motion prevailed and the bill was read a last time.
On the question "Shall the bill pass?" (S.F. 69)
The ayes were, 98:
Arnold Baker Bell 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 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, 1:
Fallon
Absent or not voting, 1:
Brammer
The bill having received a constitutional majority was declared
to have passed the House and the title as amended was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 69 be immediately messaged to the Senate.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 27, 1995, passed the following bill in
which the concurrence of the Senate was asked:
House File 117, a bill for an act relating to cost of play and
value of prizes of games of skill and games of chance conducted
at amusement concessions.
Also: That the Senate has on April 27, 1995, passed the
following bill in which the concurrence of the House is asked:
Senate File 471, a bill for an act relating to the wagering tax
on gambling games at pari-mutuel racetrack enclosures.
JOHN F. DWYER, Secretary
INTRODUCTION OF BILL
House File 578, by committee on appropriations, a bill for
an act relating to the Iowa communications network by providing
for the connection and support of certain Part III users,
directing the commission to develop a request for proposals for
additional connections, making appropriations, and making
related statutory changes.
Read first time and placed on the appropriations calendar.
SENATE MESSAGE CONSIDERED
Senate File 471, by committee on ways and means, a bill for
an act relating to the wagering tax on gambling games at
pari-mutuel racetrack enclosures.
Read first time and referred to committee on ways and means.
SENATE AMENDMENT CONSIDERED
Grubbs of Scott called up for consideration House File 185, a
bill for an act relating to the sales, services, and use tax
exemption for items used by printers and publishers, limiting
the amount of refunds, and providing retroactive and
applicability date provisions, amended by the Senate amendment
H-4123 as follows:
H-4123
1 Amend House File 185, as passed by the House, as
2 follows:
3 1. Page 2, line 5, by inserting after the word
4 "exemption." the following: ""Printer" means that
5 portion of a person's business engaged in printing
6 that completes a finished product for ultimate sale at
7 retail or means that portion of a person's business
8 used to complete a finished printed packaging material
9 used to package a product for ultimate sale at retail.
10 "Printer" does not mean an in-house printer who prints
11 or copyrights its own materials."
12 2. By renumbering, relettering, or redesignating
13 and correcting internal references as necessary.
Weigel of Chickasaw offered the following amendment H-4125, to
the Senate amendment H-4123, filed by him from the floor and
moved its adoption:
H-4125
1 Amend the Senate amendment, H-4123, to House File
2 185, as passed by the House, as follows:
3 1. Page 1, line 11, by inserting after the word
4 "materials." the following: ""Publisher" means a
5 newspaper and also means that portion of a person's
6 business engaged in after the effective date of this
7 Act that publishes for ultimate sale at wholesale or
8 retail or contracts for the manufacture or printing
9 for ultimate sale at wholesale or retail books,
10 pamphlets, periodicals, brochures, or magazines."
Amendment H-4125 lost.
Weigel of Chickasaw offered amendment H-4124, to the Senate
amendment H-4123, filed by him from the floor as follows:
H-4124
1 Amend the Senate amendment, H-4123, to House File
2 185, as passed by the House, as follows:
3 1. Page 1, by inserting after line 11 the
4 following:
5 " . Page 2, by striking line 10 and inserting
6 the following: "1995,".
7 . Page 2, line 11, by striking the words
8 "aggregate and".
9 . Page 2, by striking lines 13 through 17 and
10 inserting the following: "provision of law."
11 . Title page, lines 2 and 3, by striking the
12 words "limiting the amount of refunds,"."
Speaker pro tempore Van Maanen of Marion in the chair at 5:39
p.m.
Grubbs of Scott rose on a point of order that amendment H-4124
was not germane, to the Senate amendment H-4123.
The Speaker ruled the point well taken and amendment H-4124 not
germane, to the Senate amendment H-4123.
Weigel of Chickasaw offered the following amendment H-4126, to
the Senate amendment H-4123, filed by him from the floor and
moved its adoption:
H-4126
1 Amend the Senate amendment, H-4123, to House File
2 185, as passed by the House, as follows:
3 1. Page 1, line 11, by inserting after the word
4 "materials." the following:
5 ""Publisher" means that portion of an entity's
6 business that publishes for ultimate sale at retail or
7 contracts for the manufacture or printing for ultimate
8 sale at retail books, pamphlets, periodicals,
9 brochures, magazines, or newspapers."
Amendment H-4126 lost.
On motion by Grubbs of Scott, the House concurred in the Senate
amendment H-4123.
Grubbs of Scott moved that the bill, as amended by the Senate
and concurred in by the House, 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. 185)
The ayes were, 96:
Arnold Baker Bell 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 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 Myers Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Rants Renken Running Salton
Schrader Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Warnstadt Weidman
Weigel Welter Wise Van Maanen,
Presiding
The nays were, none.
Absent or not voting, 4:
Brammer Murphy Shoultz Witt
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 185 be immediately messaged to the Senate.
INTRODUCTION OF BILL
House File 579, by committee on appropriations, a bill for
an act relating to the compensation and benefits for public
officials and employees and making appropriations and providing
an effective date.
Read first time and placed on the appropriations calendar.
RULE 57 SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend Rule 57, relating to committee notice and agenda, for
an immediate meeting of the committee on ways and means.
The House stood at ease at 5:55 p.m., until the fall of the
gavel.
The House resumed session at 7:14 p.m., Speaker Corbett in the
chair.
QUORUM CALL
A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-three members present,
thirty-seven absent.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Holveck of Polk, until his return, on request of Schrader of
Marion.
RULES SUSPENDED
Siegrist Pottawattamie asked and received unanimous consent to
suspend the rules for the immediate consideration of House File
578.
Appropriations Calendar
House File 578, a bill for an act relating to the Iowa
communications network by providing for the connection and
support of certain Part III users, directing the commission to
develop a request for proposals for additional connections,
making appropriations, and making related statutory changes, was
taken up for consideration.
Harrison of Scott offered amendment H-4131 filed by Harrison,
Jacobs, Wise, Dinkla, Mascher, Nelson of Marshall, Myers, Jochum
and Brand from the floor as follows:
H-4131
1 Amend House File 578 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. APPROPRIATIONS.
5 1. PART III AUTHORIZED USERS.
6 a. There is appropriated from the general fund of
7 the state to the Iowa telecommunications network fund
8 under the control of the Iowa telecommunications and
9 technology commission for the fiscal year beginning
10 July 1, 1995, and ending June 30, 1996, the following
11 amount, or so much thereof as is necessary, to be used
12 for the purpose designated:
13 For the connection of a minimum of 100 Part III
14 authorized users as determined by the commission and
15 communicated to the general assembly:
16 $ 18,540,000
17 It is the intent of the general assembly that the
18 contracts for the connection of such authorized user
19 sites be awarded based on the low site-by-site,
20 defined geographical area, or merged area bids as
21 determined by the commission and communicated to the
22 general assembly. It is also the intent of the
23 general assembly that all area education agencies
24 which are not connected to the network be connected to
25 the network during the fiscal year which begins on
26 July 1, 1995. It is also the intent of the general
27 assembly that the contracts awarded for the
28 connections funded pursuant to this subsection include
29 a lease period of seven years with the option for an
30 extension of three additional years.
31 b. It is the intent of the general assembly that
32 the appropriation provided for in this section and the
33 connections to be made with that appropriation
34 represent the first phase of a plan the total cost of
35 which is anticipated to be approximately $94,690,000.
36 It is intended that the first four years of the plan
37 include the connection of a minimum of 474 Part III
38 authorized users. It is anticipated that the total
39 cost of connections to be completed in the first four
40 years of the plan which are to be funded by the
41 general assembly through general fund appropriations
42 is to be approximately $80,880,000 with additional
43 lease costs to be incurred in years five through eight
44 of approximately $13,810,000. The costs identified in
45 this paragraph include all maintenance costs
46 associated with state-owned hardware, and a three
47 percent increase for inflation in fiscal year 1997-
48 1998 and a six percent increase for inflation in
49 fiscal year 1998-1999.
50 2. SUPPORT SERVICES. There is appropriated from
Page 2
1 the general fund of the state to the Iowa
2 telecommunications network fund under the control of
3 the Iowa telecommunications and technology commission
4 for the fiscal year beginning July 1, 1995, and ending
5 June 30, 1996, the following amount, or so much
6 thereof as is necessary, to be used for the purposes
7 designated:
8 For purposes designated in paragraphs "a" through
9 "c":
10 $ 2,387,117
11 a. As a condition of the appropriation in this
12 subsection, $314,117 of the amount appropriated shall
13 be expended by the public broadcasting division of the
14 department of education to provide support for
15 functions related to the network, including but not
16 limited to the following functions: scheduling for
17 video classrooms; design, preparation, and support of
18 interactive classrooms; development of a central
19 information source on Internet relating to the
20 network; and coordinating the work of the education
21 telecommunications council. The division is
22 authorized an additional 7 FTEs for the purpose of
23 providing such support.
24 b. As a further condition of the appropriation in
25 this subsection, $1,573,000 of the amount appropriated
26 shall be allocated by the public broadcasting division
27 of the department of education to the regional
28 telecommunications councils established in section
29 8D.5. The regional telecommunications councils, with
30 assistance from the department of education, shall use
31 the funds to provide direct staff development for
32 educators, staff development for educational uses of
33 Internet and other on-line services, technical
34 assistance for network classrooms, and other related
35 activities.
36 c. As a further condition of the appropriation in
37 this subsection, $500,000 of the amount appropriated
38 shall be expended by the university of northern Iowa
39 to coordinate staff development for educators using
40 educational technology in this state.
41 3. BRAILLE AND DEAF SCHOOLS. There is
42 appropriated from the general fund of the state to the
43 Iowa telecommunications network fund under the control
44 of the Iowa telecommunications and technology
45 commission for the fiscal year beginning July 1, 1995,
46 and ending June 30, 1996, the following amount, or so
47 much thereof as is necessary, to be used for the
48 purpose designated:
49 For the connection of the Iowa braille and sight
50 saving school established under chapter 269 and the
Page 3
1 school for the deaf established under chapter 270:
2 $ 286,000
3 4. STARC ARMORY. There is appropriated from the
4 general fund of the state to the department of public
5 defense for the fiscal year beginning July 1, 1995,
6 and ending June 30, 1996, the following amount, or so
7 much thereof as is necessary, to be used for the
8 purpose designated:
9 For salaries, support, maintenance, miscellaneous
10 purposes, and for not more than the following full-
11 time equivalent positions, for providing technical
12 assistance in the operation of the Iowa communications
13 network interactive classroom located at the STARC
14 armory national guard facility:
15 $ 100,000
16 FTEs 2.0
17 Sec. 2. ADDITIONAL CONNECTIONS. Notwithstanding
18 section 8D.13, subsection 5, the state may own and the
19 commission shall provide for the construction and
20 connection to the network of all of the following:
21 1. The heartland area education agency.
22 2. Fort Madison high school.
23 3. Seventeen sites identified by the commission
24 which are Part III authorized users and which are
25 located within one and one-half miles from a national
26 guard fiber optic cable route used or to be used for
27 connecting a facility, identified by the commission
28 and communicated to the general assembly.
29 4. Two sites identified by the commission which
30 are Part III authorized users and which are associated
31 with the Rock Island-Iowa national guard fiber
32 project.
33 Sec. 3. METRO CONNECTIONS. Notwithstanding the
34 provisions of chapter 8D, the commission shall provide
35 for the connection and normalization to the network of
36 the following:
37 1. The Dubuque, Iowa, metronet, which includes
38 three Part III schools on a leased network.
39 2. The Des Moines, Iowa, metronet, which includes
40 12 Part III schools on a leased network."
Meyer of Sac offered the following amendment H-4135, to
amendment H-4131, filed by him from the floor and moved its
adoption:
H-4135
1 Amend the amendment, H-4131, to House File 578 as
2 follows:
3 1. Page 1, by striking lines 23 and 24 and
4 inserting the following: "general assembly that no
5 additional area education agencies be connected to".
6 2. Page 3, by striking line 21.
7 3. By renumbering as necessary.
A non-record roll call was requested.
The ayes were 22, nays 50.
Amendment H-4135 lost.
Harrison of Scott offered the following amendment H-4136, to
amendment H-4131, filed by him from the floor and moved its
adoption:
H-4136
1 Amend the amendment, H-4131, to House File 578 as
2 follows:
3 1. Page 1, lines 6 and 7, by striking the words
4 "general fund of the state" and inserting the
5 following: "rebuild Iowa infrastructure account of
6 the state created in section 8.57, subsection 5,".
7 2. Page 2, line 10, by striking the figure
8 "2,387,117" and inserting the following: "1,700,000".
9 3. Page 2, line 12, by striking the figure
10 "314,117" and inserting the following: "250,000".
11 4. Page 2, line 22, by striking the figure "7"
12 and inserting the following: "5".
13 5. Page 2, line 25, by striking the figure
14 "1,573,000" and inserting the following: "1,200,000".
15 6. Page 2, line 37, by striking the figure
16 "500,000" and inserting the following: "250,000".
17 7. Page 2, line 42, by striking the words
18 "general fund of the state" and inserting the
19 following: "rebuild Iowa infrastructure account of
20 the state created in section 8.57, subsection 5,".
21 8. Page 3, line 2, by striking the figure
22 "286,000" and inserting the following: "250,000".
Amendment H-4136 was adopted.
Harrison of Scott moved the adoption of amendment H-4131, as
amended.
Roll call was requested by Brunkhorst of Bremer and Coon of
Warren.
On the question "Shall amendment H-4131, as amended, be
adopted?" (H.F. 578)
The ayes were, 61:
Arnold Baker Bell Bernau
Boggess Bradley Brand Branstad
Burnett Cataldo Churchill Cohoon
Connors Daggett Dinkla Disney
Doderer Greig Grubbs Grundberg
Hammitt Harper Harrison Holveck
Huseman Jacobs Jochum Koenigs
Lamberti Larkin Larson Main
Martin Mascher May Metcalf
Meyer Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. O'Brien
Ollie Rants Renken Running
Schrader Shoultz Siegrist Teig
Thomson Van Fossen Vande Hoef Warnstadt
Weidman Weigel Wise Witt
Mr. Speaker
Corbett
The nays were, 38:
Blodgett Boddicker Brauns Brunkhorst
Carroll Coon Cormack Cornelius
Drake Drees Eddie Ertl
Fallon Garman Gipp Greiner
Gries Hahn Halvorson Hanson
Heaton Houser Hurley Klemme
Kreiman Kremer Lord McCoy
Mertz Millage Nutt Salton
Schulte Sukup Tyrrell Van Maanen
Veenstra Welter
Absent or not voting, 1:
Brammer
Amendment H-4131, as amended, was adopted, placing out of order
the following amendments filed from the floor:
H-4130 filed by Brunkhorst of Bremer.
H-4134 filed by Meyer of Sac.
Brunkhorst of Bremer 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. 578)
The ayes were, 73:
Arnold Baker Bell Bernau
Boggess Bradley Brand Branstad
Burnett Cataldo Churchill Cohoon
Connors Daggett Dinkla Disney
Doderer Drees Gipp Greig
Gries Grubbs Grundberg Halvorson
Hammitt Hanson Harper Harrison
Heaton Holveck Houser Huseman
Jacobs Jochum Koenigs Lamberti
Larkin Larson Lord Main
Martin Mascher May Metcalf
Meyer Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. O'Brien
Ollie Rants Renken Running
Salton Schrader Schulte Shoultz
Siegrist Sukup Teig Thomson
Van Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Wise Witt
Mr. Speaker
Corbett
The nays were, 26:
Blodgett Boddicker Brauns Brunkhorst
Carroll Coon Cormack Cornelius
Drake Eddie Ertl Fallon
Garman Greiner Hahn Hurley
Klemme Kreiman Kremer McCoy
Mertz Millage Nutt Tyrrell
Van Fossen Welter
Absent or not voting, 1:
Brammer
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that House File 578 be immediately messaged to the Senate.
MESSAGE FROM THE SENATE
The following message was received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on April 27, 1995, amended and passed the
following bill in which the concurrence of the House is asked:
House File 126, a bill for an act relating to certain franchise
agreements by amending provisions relating to transfer,
termination, and nonrenewal of franchise agreements, and to a
civil cause of action for appropriate relief, and repealing
certain franchise provisions.
JOHN F. DWYER, Secretary
EXPLANATION OF VOTE
I was necessarily absent from the House chamber on Wednesday,
April 26, 1995. Had I been present, I would have voted "nay" on
amendment H-4088 to Senate File 481.
LARSON of Linn
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports
that the following bills have been examined and found correctly
enrolled, signed by the Speaker of the House and the President
of the Senate, and presented to the Governor for his approval on
this 27th day of April, 1995: House Files 41, 197, 387, 460,
461, 485, 490, 492, 504, 548.
ELIZABETH A. ISAACSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 27, 1995, he approved and transmitted to the Secretary
of State the following bills:
Senate File 66, an act relating to cruelty to police service
dogs and providing for enhanced penalties.
Senate File 152, an act relating to the name of those persons
who engage in the practice of podiatry.
Senate File 155, an act relating to employment services by
eliminating wage credit liability transfers and allowing all
employers relief from charges when an unemployment compensation
overpayment is made and providing an applicability date.
Senate File 176, an act relating to the filing of
intergovernmental agreements for the joint exercise of
governmental powers in certain counties.
Senate File 205, an act relating to shared superintendents for
purposes of the supplementary weighting plan for public school
districts and providing effective and retroactive applicability
dates.
Senate File 228, 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.
Senate File 341, 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.
Senate File 351, an act authorizing certain cities to appoint
additional members to certain city commissions.
Senate File 431, an act relating to child support collection,
including alternative measures for payment of costs for
nonpublic assistance services, the establishment of the amount
of child support required by certain parents who are nineteen
years of age or younger, payment of a child support obligation
under a modified order, provisions relating to the suspension,
revocation, nonissuance, and nonrenewal of certain licenses for
failure to pay support, and implementation provisions.
Senate File 433, an act relating to the family investment
program and related human services programs by requiring the
department of human services to apply for a federal waiver
regarding limited benefit plans and providing applicability
provisions.
PRESENTATION OF VISITORS
The Speaker announced that the following visitors were present
in the House chamber:
Seventy-one sixth grade students from Riverside Middle School,
Carson, accompanied by Louise Mercle. By Houser of Pottawattamie.
Ninety-five eleventh and twelfth grade students from North High
School, Sioux City, accompanied by Mr. Larry Twait, Mrs. Lucas
and Mr. Anderson. By Warnstadt and Nutt of Woodbury County.
Thirty-two sixth grade students from Roosevelt Elementary
School, Iowa City, accompanied by Vick Sanders. By Mascher and
Myers of Johnson.
Thirty fourth and fifth grade students from Grand Elementary,
Boxholm, accompanied by Mrs. Finnested. By O'Brien of Boone.
Fifteen eighth grade students from St. Patricks School, Sheldon,
accompanied by Pam Wehmeyer. By Vande Hoef of Osceola.
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\265 Maquoketa Community School - For being selected as Most
Outstanding Chapter four years in a row.
1995\266 Elaine Watters, Maquoketa - For being selected as
Outstanding Business Person of the Year.
1995\267 Molly Grant, Maquoketa - For being selected as the
1995-96 Future Business Leaders of America State Secretary.
1995\268 Amanda Ewoldt, Maquoketa - For being selected as the
1994-95 Future Business Leaders of America State President.
1995\269 Melissa Horner, Maquoketa - For being selected as the
1995-96 Future Business Leaders of America State Parliamentarian.
1995\270 Dani Beauchamp, Maquoketa - For being selected as the
1995-96 Future Business Leaders of America State Reporter.
1995\271 Bedford Ambulance Service, Bedford - For their
volunteer efforts on the fourth annual Make A Difference Day.
1995\272 Raja Chari, Cedar Falls - For being a finalist to the
Iowa Academic All-State Team.
1995\273 Tanner Ryan Rundall, Cedar Falls - For attaining the
rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
1995\274 Michael Emil Wilson, Cedar Falls - For attaining the
rank of Eagle Scout, the highest rank in the Boy Scouts of
America.
HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENTS
House Study Bill 331
Ways and Means: Halvorson, Chair; Dinkla, Larkin, Main and Myers.
House Study Bill 332
Ways and Means: Halvorson, Chair; Bernau, Dinkla, Greig and
Myers.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
ELIZABETH A. ISAACSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Committee Bill, relating to the compensation and benefits for
public officials and employees and making appropriations and
providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass April 27, 1995.
Committee Bill, relating to the Iowa communications network by
providing for the connection and support of certain Part III
users, directing the commission to develop a request for
proposals for additional connections, making appropriations, and
making related statutory changes.
Fiscal Note is not required.
Recommended Do Pass April 27, 1995.
COMMITTEE ON WAYS AND MEANS
Senate File 2, a bill for an act relating to the filing of
claims for credit or refund by retired federal employees as a
result of the unconstitutional taxation of federal pensions
under the state individual income tax.
Fiscal Note is not required.
Recommended Do Pass April 27, 1995.
AMENDMENTS FILED
H-4119 H.F. 576 Halvorson of Clayton
H-4122 H.F. 576 Renken of Grundy
Millage of Scott
Nelson of Pottawattamie
H-4127 H.F. 519 Greig of Emmet
H-4128 H.F. 519 Greig of Emmet
H-4129 H.F. 519 Greig of Emmet
H-4132 H.F. 519 Greig of Emmet
H-4133 H.F. 519 Greig of Emmet
H-4137 H.F. 576 Bernau of Story
H-4138 H.F. 579 Boddicker of Cedar
Metcalf of Polk
H-4139 H.F. 579 Running of Linn
H-4140 H.F. 126 Senate amendment
On motion by Siegrist of Pottawattamie, the House adjourned at
9:35 p.m. until 8:45 a.m., Friday, April 28, 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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