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Eightieth Calendar Day - Fifty-fourth Session Day
Hall of the House of Representatives
Des Moines, Iowa, Wednesday, March 27, 1996
The House met pursuant to adjournment at 8:53 a.m., Speaker
Corbett in the chair.
Prayer was offered by Imam Farooq Abo-Elzahab, Islamic Center,
Cedar Rapids.
The Journal of Tuesday, March 26, 1996 was approved.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Arnold of Lucas and Dinkla of Guthrie, both until their arrival,
on request of Siegrist of Pottawattamie; Baker of Polk, until
his arrival, on request of Schrader of Marion.
CONSIDERATION OF BILLS
Regular Calendar
Senate File 2122, a bill for an act relating to unclaimed
property held by the state, fraudulent practices to obtain the
property, and establishing a penalty, with report of committee
recommending passage, was taken up for consideration.
Bradley of Clinton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2122)
The ayes were, 95:
Bell Bernau Blodgett Boddicker
Boggess Bradley Brand Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Churchill Cohoon Connors Coon
Cormack Daggett Dinkla
Disney Doderer Drake Drees
Eddie Ertl Fallon Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harper Harrison Heaton Holveck
Houser Huseman Jacobs Jochum
Klemme Koenigs
Kreiman Kremer Lamberti Larkin
Larson Lord Main Martin
Mascher May Mertz Metcalf
Meyer Millage Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie Osterhaus
Rants Renken Salton Schrader
Schulte Shoultz Siegrist Sukup
Taylor 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, 5:
Arnold Baker Brammer Hurley McCoy
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2013, a bill for an act requiring the licensure of
respiratory care therapists and creating a board for respiratory
care practitioners, with report of committee recommending
passage, was taken up for consideration.
Thomson of Linn moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2013)
The ayes were 80:
Bell Bernau Blodgett Boddicker
Boggess Bradley Brammer Brand Brauns
Burnett Cataldo Churchill Cohoon
Connors Coon Cormack
Daggett Dinkla Disney Doderer Drake
Drees Eddie Gipp Greig
Greiner Gries Grubbs Hahn
Halvorson Hammitt Barry Hanson Harper
Harrison Heaton Holveck
Houser Huseman Jacobs Jochum Koenigs
Kreiman Kremer Lamberti Larkin
Main Martin Mascher May
McCoy Mertz Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
Nutt O'Brien Ollie
Osterhaus Rants Renken
Salton Schrader Schulte Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Van Maanen Veenstra
Warnstadt Weidman Weigel Wise
Mr. Speaker Corbett
The nays were, 16:
Branstad Brunkhorst Carroll Fallon
Garman Grundberg Klemme Larson
Lord Metcalf Meyer Millage
Shoultz Vande Hoef Welter Witt
Absent or not voting, 4:
Arnold Baker Ertl Hurley
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2127, a bill for an act relating to the
confidentiality of social security numbers of the owners of
unclaimed property, with report of committee recommending
passage, was taken up for consideration.
Bradley of Clinton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2127)
The ayes were, 96:
Bell Bernau Blodgett Boddicker
Boggess Bradley Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Cormack Daggett
Dinkla Disney Doderer Drees
Eddie Fallon Garman Gipp
Greig Greiner Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
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
Osterhaus Rants Renken Salton
Schrader Schulte Shoultz Siegrist
Sukup Taylor 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, 4:
Arnold Baker Drake Ertl
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:
Senate Files 2013, 2122, 2127.
HOUSE FILE 2174 WITHDRAWN
Bradley of Clinton asked and received unanimous consent to
withdraw House File 2174 from further consideration by the House.
Senate File 2235, a bill for an act relating to the use of
alternative licensing for nursing facilities and providing for a
contingent effective date, with report of committee recommending
passage, was taken up for consideration.
Murphy of Dubuque asked and received unanimous consent to
withdraw amendment H-5503 filed by him on March 20, 1996.
Martin of Scott 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. 2235)
The ayes were, 95:
Bell Bernau Blodgett Boddicker
Boggess Bradley Brammer Brand Branstad
Brauns Brunkhorst Burnett Carroll
Cataldo Churchill Cohoon Connors
Coon Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Fallon Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn
Halvorson Hammitt Barry 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
Moreland Mundie Murphy Myers
Nelson, B. Nelson, L. Nutt O'Brien
Ollie Osterhaus Rants Renken
Salton Schrader Shoultz Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Mr. Speaker
Corbett
The nays were, 2:
Millage Schulte
Absent or not voting, 3:
Arnold Baker Ertl
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Cataldo of Polk in the chair at 9:27 a.m.
Senate File 2062, a bill for an act relating to statutory
corrections which may adjust language to reflect current
practices, insert earlier omissions, delete redundancies and
inaccuracies, delete temporary language, resolve inconsistencies
and conflicts, update ongoing provisions, or remove ambiguities,
and providing effective and retroactive applicability dates,
with report of committee recommending amendment and passage, was
taken up for consideration.
Nutt of Woodbury offered the following amendment H-5496 filed by
the committee on judiciary and moved its adoption:
H-5496
1 Amend Senate File 2062, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 3, by inserting after line 14 the
4 following:
5 "Sec. ___. Section 85.36, subsection 9, paragraph
6 a, Code Supplement 1995, is amended to read as
7 follows:
8 a. In computing the compensation to be allowed a
9 volunteer fire fighter, emergency medical care
10 provider, reserve peace officer, volunteer ambulance
11 driver, volunteer emergency rescue technician as
12 defined in section 147A.1, or emergency medical
13 technician trainee, the earnings as a fire fighter,
14 emergency medical care provider, reserve peace
15 officer, volunteer ambulance driver, volunteer
16 emergency rescue technician, or emergency medical
17 technician trainee shall be disregarded and the
18 volunteer fire fighter, emergency medical care
19 provider, reserve peace officer, volunteer ambulance
20 driver, volunteer emergency rescue technician, or
21 emergency medical technician trainee shall be paid an
22 amount equal to the compensation the volunteer fire
23 fighter, emergency medical care provider, reserve
24 peace officer, volunteer ambulance driver, volunteer
25 emergency rescue technician, or emergency medical
26 technician trainee would be paid if injured in the
27 normal course of the volunteer fire fighter's,
28 emergency medical care provider's, reserve peace
29 officer's, volunteer ambulance driver's, volunteer
30 emergency rescue technician's, or emergency medical
31 technician trainee's regular employment or an amount
32 equal to one hundred and forty percent of the
33 statewide average weekly wage, whichever is greater.
34 Sec. ___. Section 85.61, subsection 2, Code
35 Supplement 1995, is amended to read as follows:
36 2. "Employer" includes and applies to a person,
37 firm, association, or corporation, state, county,
38 municipal corporation, school corporation, area
39 education agency, township as an employer of volunteer
40 fire fighters, volunteer emergency rescue technicians,
41 and emergency medical care providers only, benefited
42 fire district, and the legal representatives of a
43 deceased employer. "Employer" includes and applies to
44 a rehabilitation facility approved for purchase-of-
45 service contracts or for referrals by the department
46 of human services or the department of education.
47 Sec. ___. Section 85.61, subsection 7, unnumbered
48 paragraph 3, Code Supplement 1995, is amended to read
49 as follows:
50 Personal injuries sustained by volunteer emergency
Page 2
1 rescue technicians or emergency medical care providers
2 as defined in section 147A.1 arise in the course of
3 employment if the injuries are sustained at any time
4 from the time the volunteer emergency rescue
5 technicians or emergency medical care providers are
6 summoned to duty until the time those duties have been
7 fully discharged.
8 Sec. ___. Section 85.61, subsection 11, unnumbered
9 paragraph 3, Code Supplement 1995, is amended to read
10 as follows:
11 "Worker" or "employee" includes an emergency
12 medical care provider as defined in section 147A.1, a
13 volunteer emergency rescue technician as defined in
14 section 147A.1, a volunteer ambulance driver, or an
15 emergency medical technician trainee, only if an
16 agreement is reached between such worker or employee
17 and the employer for whom the volunteer services are
18 provided that workers' compensation coverage under
19 chapters 85, 85A, and 85B is to be provided by the
20 employer. An emergency medical care provider or
21 volunteer emergency rescue technician who is a worker
22 or employee under this paragraph is not a casual
23 employee. "Volunteer ambulance driver" means a person
24 performing services as a volunteer ambulance driver at
25 the request of the person in charge of a fire
26 department or ambulance service of a municipality.
27 "Emergency medical technician trainee" means a person
28 enrolled in and training for emergency medical
29 technician certification."
30 2. Page 8, by inserting after line 12 the
31 following:
32 "Sec. ___. Section 707A.1, subsection 1, as
33 enacted by 1996 Iowa Acts, Senate File 2066, section
34 1, is amended to read as follows:
35 1. "Licensed health care professional" means a
36 physician and surgeon, podiatrist podiatric
physician,
37 osteopath, osteopathic physician and surgeon,
38 physician assistant, nurse, dentist, or pharmacist
39 required to be licensed under chapter 147."
40 3. Page 9, line 10, by inserting before the word
41 "Section" the following: "1."
42 4. Page 9, by inserting after line 12 the
43 following:
44 "2. The sections of this Act which amend section
45 85.36, subsection 9, paragraph "a", and section 85.61,
46 subsection 2, subsection 7, unnumbered paragraph 3,
47 and subsection 11, unnumbered paragraph 3, being
48 deemed of immediate importance, take effect upon
49 enactment and apply retroactively to July 1, 1995."
50 5. By renumbering and correcting internal
Page 3
1 references as necessary.
The committee amendment H-5496 was adopted.
Nutt of Woodbury moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (S.F. 2062)
The ayes were, 95:
Bell Bernau Blodgett Boddicker
Boggess Bradley Brammer Brand
Branstad Brauns Brunkhorst Burnett
Carroll Churchill Cohoon Connors
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Drake Drees
Eddie Ertl Fallon Garman Gipp
Greig Greiner Gries Grubbs
Hahn Halvorson Hammitt Barry Hanson
Harper Harrison Heaton Holveck
Houser Hurley Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Kremer Lamberti Larkin Larson
Lord Main Mascher May
McCoy Mertz Metcalf Meyer
Millage Moreland Mundie Murphy
Myers Nelson, B. Nelson, L. Nutt
O'Brien Ollie Osterhaus Rants
Renken Salton Schrader Schulte
Shoultz Siegrist Sukup Taylor Teig
Thomson Tyrrell Van Fossen Van
Maanen Vande Hoef Veenstra Warnstadt
Weidman Weigel Welter Wise
Witt Cataldo,
Presiding
The nays were, 3:
Doderer Grundberg Martin
Absent or not voting, 2:
Arnold Baker
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Senate File 2282, a bill for an act relating to the requirement
of notifying a consumer of a change in the terms of an open-end
credit agreement, with report of committee recommending passage,
was taken up for consideration.
Van Fossen of Scott 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. 2282)
The ayes were, 95:
Bell Bernau Blodgett Boddicker
Boggess Bradley Brammer Branstad
Brauns Brunkhorst Burnett Carroll
Churchill Cohoon Connors Coon
Corbett, Spkr. Cormack Daggett Dinkla
Disney Doderer Drake Drees
Ertl Fallon Garman Gipp
Greig Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry 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 Osterhaus
Rants Renken Salton Schrader
Schulte Shoultz Siegrist Sukup
Taylor Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Warnstadt Weidman Weigel Welter
Wise Witt Cataldo, Presiding
The nays were, none.
Absent or not voting, 5:
Arnold Baker Brand Eddie
Greiner
The bill having received a constitutional majority was declared
to have passed the House and the title was agreed to.
Ways and Means Calendar
Senate File 2449, a bill for an act changing the computation of
the inflation factors for the tax brackets and standard
deduction under the individual income tax; changing the
computation of taxable income of certain subchapter S
corporations and their shareholders; increasing inheritance tax
exemptions for certain relatives; increasing the amount of the
appropriations for homestead credit, military service credit,
and low-income credit and reimbursement claims; providing income
tax credits for investing in a qualified venture capital
company; establishing
incentives for family farm animal feeding operations and making
an appropriation; adjusting the funding for the family farm and
agricultural land tax credits; establishing a study of the
property tax system as the sole or major source of local funding
and of alternate sources of funding for school, city, and county
services, the repayment of bonds or other debt obligations, and
capital improvements; and providing effective and applicability
date provisions, with report of committee recommending passage,
was taken up for consideration.
The House stood at ease at 9:47 a.m., until the fall of the
gavel.
The House resumed session at 10:58 a.m., Speaker Corbett in the
chair.
Halvorson of Clayton offered amendment H-5523 filed by him as
follows:
H-5523
1 Amend Senate File 2449, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "DIVISION I
6 INCOME TAX INDEXATION
7 Section 1. Section 422.4, subsection 1, paragraphs
8 a and d, Code 1995, are amended to read as follows:
9 a. "Annual inflation factor" means an index,
10 expressed as a percentage, determined by the
11 department by October 15 of the calendar year
12 preceding the calendar year for which the factor is
13 determined, which reflects the purchasing power of the
14 dollar as a result of inflation during the fiscal year
15 ending in the calendar year preceding the calendar
16 year for which the factor is determined. In
17 determining the annual inflation factor, the
18 department shall use the annual percent change, but
19 not less than zero percent, in the implicit price
20 deflator for the gross national product gross
domestic
21 product price deflator computed for the second quarter
22 of the calendar year by the bureau of economic
23 analysis of the United States department of commerce
24 and shall add one-half all of that percent change to
25 one hundred percent. The annual inflation factor and
26 the cumulative inflation factor shall each be
27 expressed as a percentage rounded to the nearest one-
28 tenth of one percent. The annual inflation factor
29 shall not be less than one hundred percent.
30 d. Notwithstanding the computation of the annual
31 inflation factor under paragraph "a", the annual
32 inflation factor is one hundred percent for any
33 calendar year in which the unobligated state general
34 fund balance on June 30 as certified by the director
35 of the department of management by October 10, is less
36 than sixty million dollars. Notwithstanding section
37 8.58, in determining the unobligated state general
38 fund balance on June 30, unobligated moneys in the
39 cash reserve fund and Iowa economic emergency fund on
40 June 30 shall be counted as part of the unobligated
41 state general fund balance for purposes of this
42 paragraph.
43 Sec. 2. Section 422.4, subsection 2, paragraph a,
44 Code 1995, is amended to read as follows:
45 a. "Annual standard deduction factor" means an
46 index, expressed as a percentage, determined by the
47 department by October 15 of the calendar year
48 preceding the calendar year for which the factor is
49 determined, which reflects the purchasing power of the
50 dollar as a result of inflation during the fiscal year
Page 2
1 ending in the calendar year preceding the calendar
2 year for which the factor is determined. In
3 determining the annual standard deduction factor, the
4 department shall use the annual percent change, but
5 not less than zero percent, in the implicit price
6 deflator for the gross national product gross
domestic
7 product price deflator computed for the second quarter
8 of the calendar year by the bureau of economic
9 analysis of the United States department of commerce
10 and shall add one-half all of that percent change to
11 one hundred percent. The annual standard deduction
12 factor and the cumulative standard deduction factor
13 shall each be expressed as a percentage rounded to the
14 nearest one-tenth of one percent. The annual standard
15 deduction factor shall not be less than one hundred
16 percent.
17 Sec. 3. This division of this Act, being deemed of
18 immediate importance, takes effect upon enactment and
19 applies to the computation of the annual inflation
20 factor and annual standard deduction factor for
21 calendar years beginning on or after January 1, 1996.
22 The department of revenue and finance shall adjust the
23 annual inflation factor and annual standard deduction
24 factor previously computed for the 1996 calendar year
25 to reflect the change made in the computation of those
26 factors in this Act.
27 DIVISION II
28 INHERITANCE TAXATION
29 Sec. 4. Section 450.7, subsection 1, unnumbered
30 paragraph 1, Code Supplement 1995, is amended to read
31 as follows:
32 Except for the share of the estate passing to the
33 surviving spouse, father or mother, each son and
34 daughter, including legally adopted sons and daughters
35 or biological sons and daughters, stepchildren, and
36 grandchildren, the tax is a charge against and a lien
37 upon the estate subject to tax under this chapter, and
38 all property of the estate or owned by the decedent
39 from the death of the decedent until paid, subject to
40 the following limitation:
41 Sec. 5. Section 450.9, subsection 1, Code 1995, is
42 amended to read as follows:
43 1. Surviving spouse, father or mother, son or
44 daughter, including legally adopted sons and daughters
45 or biological sons and daughters, stepchildren, or
46 grandchild, the entire amount of property, interest in
47 property, and income.
48 Sec. 6. Section 450.9, subsections 2 and 3, Code
49 1995, are amended by striking the subsections.
50 Sec. 7. Section 450.10, subsection 1, unnumbered
Page 3
1 paragraph 1, Code 1995, is amended to read as follows:
2 When the property, interest, or income passes to
3 the father or mother, or to a child or a lineal
4 descendant of the decedent, grantor, donor, or vendor,
5 including a legally adopted child or biological child
6 entitled to inherit under the laws of this state not
7 included in subsection 7, the tax imposed shall be on
8 the individual share so passing in excess of the
9 exemptions allowed as follows:
10 Sec. 8. Section 450.10, subsection 2, unnumbered
11 paragraph 1, Code 1995, is amended to read as follows:
12 When the property or any interest therein in
13 property, or income therefrom from property
taxable
14 under the provisions of this chapter passes to the
15 brother or sister, son-in-law, or daughter-in-law, or
16 step-children, the rate of tax imposed on the
17 individual share so passing shall be as follows:
18 Sec. 9. Section 450.10, subsection 7, Code 1995,
19 is amended to read as follows:
20 7. Property, interest in property, or income
21 passing to the surviving spouse, father or mother, son
22 or daughter, including legally adopted sons and
23 daughters or biological sons and daughters, stepchild,
24 or grandchild, is not taxable under this section.
25 Sec. 10. This division of this Act applies to
26 estates of decedents dying on or after July 1, 1996.
27 DIVISION III
28 SCHOOL PROPERTY TAX
29 Sec. 11. Section 257.3, subsection 1, unnumbered
30 paragraph 1, Code Supplement 1995, is amended to read
31 as follows:
32 Except as provided in subsections 2 and 3, a A
33 school district shall cause to be levied each year,
34 for the school general fund, a foundation property tax
35 equal to five four dollars and forty
fifteen cents per
36 thousand dollars of assessed valuation on all taxable
37 property in the district. The county auditor shall
38 spread the foundation levy over all taxable property
39 in the district.
40 Sec. 12. Section 257.3, subsections 2 and 3, Code
41 Supplement 1995, are amended by striking the
42 subsections.
43 Sec. 13. Section 257.3, subsection 4, Code
44 Supplement 1995, is amended to read as follows:
45 4. RAILWAY CORPORATIONS. For purposes of section
46 257.1, the "amount per pupil of foundation property
47 tax" does not include the tax levied under subsection
48 1, 2, or 3 on the property of a railway corporation,
49 or on its trustee if the corporation has been declared
50 bankrupt or is in bankruptcy proceedings.
Page 4
1 Sec. 14. Section 275.55, unnumbered paragraph 4,
2 Code 1995, is amended by striking the unnumbered
3 paragraph.
4 Sec. 15. Section 425A.3, subsection 1, Code 1995,
5 is amended to read as follows:
6 1. The family farm tax credit fund shall be
7 apportioned each year in the manner provided in this
8 chapter so as to give a credit against the tax on each
9 eligible tract of agricultural land within the several
10 school districts of the state in which the levy for
11 the general school fund exceeds five four dollars
and
12 forty fifteen cents per thousand dollars of assessed
13 value. The amount of the credit on each eligible
14 tract of agricultural land shall be the amount the tax
15 levied for the general school fund exceeds the amount
16 of tax which would be levied on each eligible tract of
17 agricultural land were the levy for the general school
18 fund five four dollars and forty fifteen
cents per
19 thousand dollars of assessed value for the previous
20 year. However, in the case of a deficiency in the
21 family farm tax credit fund to pay the credits in
22 full, the credit on each eligible tract of
23 agricultural land in the state shall be proportionate
24 and applied as provided in this chapter.
25 Sec. 16. Section 425A.5, Code 1995, is amended to
26 read as follows:
27 425A.5 COMPUTATION BY COUNTY AUDITOR.
28 The family farm tax credit allowed each year shall
29 be computed as follows: On or before March 1, the
30 county auditor shall list by school districts all
31 tracts of agricultural land which are entitled to
32 credit, the taxable value for the previous year, the
33 budget from each school district for the previous
34 year, and the tax rate determined for the general fund
35 of the school district in the manner prescribed in
36 section 444.3 for the previous year, and if the tax
37 rate is in excess of five four dollars and forty
38 fifteen cents per thousand dollars of assessed value,
39 the auditor shall multiply the tax levy which is in
40 excess of five four dollars and forty
fifteen cents
41 per thousand dollars of assessed value by the total
42 taxable value of the agricultural land entitled to
43 credit in the school district, and on or before March
44 1, certify the total amount of credit and the total
45 number of acres entitled to the credit to the
46 department of revenue and finance.
47 Sec. 17. Section 426.3, Code 1995, is amended to
48 read as follows:
49 426.3 WHERE CREDIT GIVEN.
50 The agricultural land credit fund shall be
Page 5
1 apportioned each year in the manner hereinafter
2 provided in this chapter so as to give a credit
3 against the tax on each tract of agricultural lands
4 within the several school districts of the state in
5 which the levy for the general school fund exceeds
6 five four dollars and forty fifteen cents
per thousand
7 dollars of assessed value; the amount of such credit
8 on each tract of such lands shall be the amount the
9 tax levied for the general school fund exceeds the
10 amount of tax which would be levied on said the
tract
11 of such lands were the levy for the general school
12 fund five four dollars and forty fifteen
cents per
13 thousand dollars of assessed value for the previous
14 year, except in the case of a deficiency in the
15 agricultural land credits fund to pay said credits in
16 full, in which case the credit on each eligible tract
17 of such lands in the state shall be proportionate and
18 shall be applied as hereinafter provided in this
19 chapter.
20 Sec. 18. Section 426.6, unnumbered paragraph 1,
21 Code 1995, is amended to read as follows:
22 The agricultural land tax credit allowed each year
23 shall be computed as follows: On or before the first
24 of June the county auditor shall list by school
25 districts all tracts of agricultural lands which they
26 are entitled to credit, together with the taxable
27 value for the previous year, together with the budget
28 from each school district for the previous year, and
29 the tax rate determined for the general fund of the
30 district in the manner prescribed in section 444.3 for
31 the previous year, and if such the tax rate is in
32 excess of five four dollars and forty
fifteen cents
33 per thousand dollars of assessed value, the auditor
34 shall multiply the tax levy which is in excess of five
35 four dollars and forty fifteen cents per
thousand
36 dollars of assessed value by the total taxable value
37 of the agricultural lands entitled to credit in the
38 district, and on or before the first of June certify
39 the amount to the department of revenue and finance.
40 Sec. 19.
41 1. Sections 11 through 14 of this division of this
42 Act, being deemed of immediate importance, take effect
43 upon enactment, and apply to the computation of school
44 foundation property taxes payable during school budget
45 years beginning on or after July 1, 1996.
46 2. Sections 15 through 18 of this division of this
47 Act take effect January 1, 1997, and apply to the
48 computation of family farm tax credits and
49 agricultural land tax credits granted for property
50 taxes payable in school budget years beginning on or
Page 6
1 after July 1, 1997."
2 2. Title page, by striking lines 1 through 17 and
3 inserting the following: "An Act relating to taxation
4 within the state by changing the computation of the
5 inflation factors for the tax brackets and standard
6 deduction of the state individual income tax,
7 exemptions from the state inheritance tax, and
8 reducing the school district uniform levy for purposes
9 of providing tax relief and providing effective and
10 retroactive and other applicability date provisions."
Wise of Lee offered the following amendment H-5652, to amendment
H-5523, filed by him and moved its adoption:
H-5652
1 Amend the amendment, H-5523, to Senate File 2449,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 6, by striking the word
5 "INDEXATION".
6 2. Page 2, by inserting after line 16 the
7 following:
8 "Sec. 100. NEW SECTION. 422.120 LIVESTOCK
9 PRODUCTION TAX CREDIT ALLOWED.
10 1. a. There is allowed a state tax credit for
11 livestock production operations located in the state.
12 The amount of the credit equals ten cents for each
13 corn equivalent consumed by the livestock in the
14 production operation as specified under this section.
15 The credit shall be refunded as provided in section
16 422.122.
17 b. The credit shall be available to an individual
18 or corporate taxpayer who owns livestock and who
19 receives, or accrues in the case of an accrual-basis
20 taxpayer, more than one half of the taxpayer's gross
21 income from farming or ranching operations during the
22 tax year. Gross income from farming or ranching is
23 the amount reported as gross income on schedule F, or
24 the equivalent schedule, of the taxpayer's income tax
25 return, the total gains from sales of breeding
26 livestock, and, if applicable, the taxpayer's
27 distributive share of income from farming or ranching
28 from a partnership, limited liability company,
29 subchapter S corporation, or an estate or trust. To
30 determine whether a taxpayer receives more than one-
31 half of gross income from farming or ranching, the
32 taxpayer's amount of gross income from farming or
33 ranching shall be divided by the taxpayer's total
34 gross income as defined in section 61 of the federal
35 Internal Revenue Code.
36 2. The amount of the credit per operation is
37 determined by adding together for each head of
38 livestock in the operation the product of ten cents
39 times the number of corn equivalents consumed by that
40 head of livestock. The amount of livestock production
41 credit per operation per tax year shall not exceed
42 three thousand dollars and the amount of livestock
43 production credit per taxpayer per tax year shall not
44 exceed three thousand dollars.
45 The maximum amount of corn equivalents for a head
46 of livestock in a production operation is the
47 following:
48 a. Hog operations: Corn
equivalents:
49 (1) Farrow to finish 13.0
50 (2) Farrow to feeder pig 2.6
Page 2
1 (3) Finishing feeder pigs 10.4
2 b. Poultry operations:
3 (1) Layers
0.88
4 (2) Turkeys
1.5
5 (3) Broilers
0.15
6 c. Beef operations:
7 (1) Cow-calf
111.5
8 (2) Stocker
41.5
9 (3) Feedlot
75.0
10 (4) Dairy
350.0
11 d. Sheep operations:
12 (1) Ewe flock
20.5
13 (2) Feedlot
4.1
14 3. If the livestock operation is carried on partly
15 within and partly without the state, the portion of
16 the operation attributable to this state shall be
17 determined pursuant to rules adopted by the
18 department. The department may adjust the allocation
19 upon request of the taxpayer in order to reflect the
20 actual livestock operation carried on within this
21 state.
22 4. An individual may claim the livestock
23 production tax credit allowed a partnership, limited
24 liability company, subchapter S corporation, or estate
25 or trust electing to have the income taxed directly to
26 the individual. The amount claimed by the individual
27 shall be based upon the pro rata share of the
28 individual's earning of the partnership, limited
29 liability company, subchapter S corporation, or estate
30 or trust.
31 5. A fraudulent claim for a credit refund under
32 this division shall cause the forfeiture of any right
33 or interest to a tax credit refund in subsequent tax
34 years under this division.
35 Sec. 101. NEW SECTION. 422.121 APPROPRIATION.
36 There is appropriated annually from the general
37 fund of the state ten million dollars to refund the
38 credits allowed under this division.
39 Sec. 102. NEW SECTION. 422.122 REFUND OF
40 LIVESTOCK PRODUCTION CREDIT CLAIMS.
41 1. For the tax year the total amount of livestock
42 production credit refund claims that shall be paid
43 shall not exceed ten million dollars. If the total
44 dollar amount of the refund claims exceeds that
45 amount, each claim shall be paid an amount equal to
46 ten million dollars divided by the total number of
47 claims, not to exceed the amount of the taxpayer's
48 claim. Remaining funds shall be prorated among those
49 claims not paid in full in the proportion that each
50 such claim bears to the total amount of such claims
Page 3
1 not paid in full.
2 2. In the case where refund claims are not paid in
3 full, the amount of the refund to which the taxpayer
4 is entitled is the amount computed in subsection 1,
5 and paid to the taxpayer, and the taxpayer is not
6 entitled to any unpaid portion of a claim and is not
7 entitled to carry forward or backward to another tax
8 year any unpaid portion of a claim. A taxpayer shall
9 not use a refund as an estimated payment for the
10 succeeding tax year.
11 3. A taxpayer must file a claim for refund within
12 ten months from the close of the taxpayer's tax year.
13 An extension for filing shall not be allowed. The
14 department shall determine by February 28 of the
15 calendar year following the calendar year in which the
16 claims were filed if the total amount of claims for
17 refund exceeds ten million dollars for the tax year.
18 If the claim is not payable on February 28 because the
19 taxpayer is a fiscal year filer, the claim shall be
20 considered as a claim filed for the following tax
21 year.
22 4. A claim for refund shall be made on claim forms
23 to be made available by the department. In order for
24 a taxpayer to have a valid refund claim, the taxpayer
25 must supply legible copies of documents the director
26 deems necessary to verify the amount of the refund."
27 3. Page 2, by inserting after line 26 the
28 following:
29 "Sec. ___. APPLICABILITY. Sections 100 through
30 102 of this division of this Act apply to tax years
31 beginning on or after January 1, 1997."
32 4. Page 6, line 9, by inserting after the word
33 "relief" the following: ", providing a livestock
34 production income tax credit,".
35 5. By renumbering as necessary.
Roll call was requested by Bernau of Story and Mascher of
Johnson.
Rule 75 was invoked.
On the question "Shall amendment H-5652, to amendment H-5523, be
adopted?" (S.F. 2449)
The ayes were, 38:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Jochum Koenigs Kreiman
Larkin Main Mascher May
Mertz Moreland Mundie Murphy
Myers Nelson, L. O'Brien Ollie
Osterhaus Salton Schrader Shoultz
Taylor Teig Warnstadt Weigel
Wise Witt
The nays were, 59:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Coon Cormack Daggett
Dinkla Disney Drake Eddie
Garman Gipp Greig Greiner
Gries Grundberg Hahn
Halvorson Hammitt Barry Hanson Harrison
Heaton Holveck Houser Hurley
Huseman
Jacobs Klemme Kremer
Lamberti Larson Lord Martin
McCoy Metcalf Meyer Millage
Nelson, B. Nutt Rants Renken
Schulte Siegrist Sukup Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Mr. Speaker
Corbett
Absent or not voting, 3:
Arnold Ertl Grubbs
Amendment H-5652 lost.
Fallon of Polk offered the following amendment H-5630, to
amendment H-5523 filed by him and moved its adoption:
H-5630
1 Amend the amendment, H-5523, to Senate File 2449,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by striking line 6 and inserting the
5 following: "INCOME TAXATION".
6 2. Page 2, by inserting after line 16 the
7 following:
8 "Sec. ___. Section 422.7, Code Supplement 1995, is
9 amended by adding the following new subsection:
10 NEW SUBSECTION. 35. Subtract the portion of the
11 special assessment installment paid during the tax
12 year which constitutes interest, as determined by the
13 director."
14 3. Page 2, line 21, by inserting after the figure
15 "1996." the following: "This division of this Act
16 applies retroactively to January 1, 1996, to tax years
17 beginning on or after that date."
18 4. Page 6, line 6, by striking the word "of" and
19 inserting the following: "and allowing an interest
20 deduction for special assessments for".
Amendment H-5630 lost.
Speaker pro tempore Van Maanen of Marion in the chair at 11:33
a.m.
Brammer of Linn offered the following amendment H-5655, to
amendment H-5523, filed by him from the floor and moved its
adoption:
H-5655
1 Amend the amendment, H-5523, to Senate File 2449,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, by inserting after line 26 the
5 following:
6 "DIVISION
7 INCOME AND TOBACCO TAXES
8 Sec. 55. Section 142B.6, Code 1995, is amended to
9 read as follows:
10 142B.6 CIVIL PENALTY FOR VIOLATION _ UNIFORM
11 APPLICATION ENFORCEMENT.
12 A person who smokes in those areas prohibited in
13 section 142B.2, or who violates section 142B.4, shall
14 pay a civil fine pursuant to section 805.8, subsection
15 11, for each violation.
16 Judicial magistrates shall hear and determine
17 violations of this chapter. The civil penalties paid
18 pursuant to this chapter shall be deposited in the
19 county treasury.
20 Enforcement of this chapter shall be implemented in
21 an equitable manner throughout the state. For the
22 purpose of equitable and uniform implementation,
23 application, and enforcement of state and local laws
24 and regulations, the provisions of this chapter shall
25 supersede any local law or regulation which is
26 inconsistent with or conflicts with the provisions of
27 this chapter. The Iowa department of public health
28 shall adopt rules to enforce this chapter.
29 Sec. 56. NEW SECTION. 142C.1 LEGISLATIVE
30 FINDINGS _ CIGARETTE AND TOBACCO PRODUCTS.
31 Following an analysis of data regarding cigarettes
32 and tobacco products and the addictive nature of the
33 nicotine contained in these products which was
34 provided by the Iowa department of public health, the
35 United States environmental protection agency, the
36 United States public health service, the world health
37 organization, the American cancer society, the
38 American heart association, the American lung
39 association, the American medical association, the
40 American dental association, the American public
41 health association, the national cancer institute, and
42 the international agency for research on cancer, the
43 general assembly finds and declares all of the
44 following:
45 1. That cigarettes and tobacco products, with
46 their inherent and supplemented quantities of
47 nicotine, are highly addictive and that use of these
48 products threatens the health and lives of Iowans.
49 2. That environmental tobacco smoke is a group A
50 carcinogen known to cause lung cancer in nonsmokers as
Page 2
1 well as in smokers.
2 3. That tobacco and resultant environmental
3 tobacco smoke are the highest causative agents in
4 increased mortality and morbidity in the state.
5 4. That the federal Americans with Disabilities
6 Act specifies that persons sensitive to tobacco smoke,
7 including persons with asthma, are "handicapped
8 persons" and that businesses are required to make
9 reasonable accommodations to allow handicapped persons
10 access to offices and workplaces.
11 5. That a principal manufacturer of tobacco
12 products has admitted to these findings, has agreed to
13 a financial settlement based upon the damage caused by
14 the effects of these products, and has agreed to limit
15 advertising in accordance with the limitations
16 established by the United States environmental
17 protection agency.
18 6. That based upon all of the above, the general
19 assembly declares the use of cigarettes and tobacco
20 products to be an immediate health emergency of
21 epidemic proportions and a menace as an entry-level
22 drug in the youth population of the state and will
23 enact legislation to address this public health
24 problem.
25 Sec. 57. NEW SECTION. 249A.30 RECOVERY OF
26 MEDICAL ASSISTANCE EXPENDITURE _ CIGARETTE AND
27 TOBACCO PRODUCTS _ RELATED MEDICAL EXPENSES BY
28 RESIDENT RECIPIENTS.
29 1. Notwithstanding chapter 668, the attorney
30 general shall institute a civil action on behalf of
31 the state against any manufacturer of cigarettes or
32 other tobacco products to recover the full amount of
33 medical assistance provided by the state to a resident
34 of the state for the payment of medical services which
35 are reasonably attributable to the use of cigarettes
36 or tobacco products and all reasonable expenses
37 associated with instituting the action.
38 2. In determining liability in an action under
39 this section, all of the following shall apply:
40 a. Any manufacturer of cigarettes or other tobacco
41 products shall be strictly liable for the medical
42 expenses reasonably attributable to the use of the
43 manufacturer's product, without regard to any
44 negligence, intent, warnings, or other conduct or
45 knowledge on the part of the manufacturer.
46 b. The state may recover medical expenses, without
47 regard to the defenses of assumption of the risk,
48 contributory or comparative negligence, or other
49 defenses which might be asserted.
50 c. Any action instituted by the attorney general
Page 3
1 is independent of any rights or causes of action of
2 any individual.
3 3. In determining the extent of the liability of
4 any manufacturer under this section, the court shall
5 apply the following evidentiary presumptions:
6 a. The ratio of the expenses attributable to the
7 use of cigarettes or tobacco products produced by any
8 manufacturer to the expenses of all manufacturers is
9 presumed to be equivalent to the ratio of the sales by
10 the manufacturer within the state during the most
11 recent year for which data are available to the sales
12 of all manufacturers for that year.
13 b. The medical expenses for individuals
14 attributable to the use of cigarettes or tobacco
15 products shall be based on reliable estimates for the
16 class of persons affected, rather than proof of the
17 cause of expenses in the case of any particular
18 individual.
19 c. Estimates of medical expenses shall be based on
20 epidemiological, scientific, survey, and other data,
21 determined by the director of public health to be
22 reliable and reasonably available. The Iowa
23 department of public health shall adopt rules to
24 specify the methodology for making the estimates in
25 any action under this section.
26 d. A defendant shall have the opportunity to rebut
27 any presumption by clear and convincing evidence,
28 provided that the court shall take reasonable steps to
29 ensure that determination of damages is concluded in a
30 timely and expeditious manner and that no party to the
31 action is permitted to unduly delay the conclusion of
32 the action.
33 4. For the purposes of this section, "cigarette"
34 and "tobacco products" mean cigarette and tobacco
35 products as defined in section 453A.1.
36 Sec. 58. Section 422.9, subsection 1, Code
37 Supplement 1995, is amended to read as follows:
38 1. An optional standard deduction, after deduction
39 of federal income tax, equal to one two thousand
two
40 four hundred thirty sixty dollars for a married
person
41 who files separately or a single person or equal to
42 three six thousand thirty sixty dollars for
a husband
43 and wife who file a joint return, a surviving spouse,
44 or an unmarried head of household. The optional
45 standard deduction shall not exceed the amount
46 remaining after deduction of the federal income tax.
47 Sec. 59. Section 422B.1, subsections 3, 4, 5, 6,
48 8, and 9, Code Supplement 1995, are amended to read as
49 follows:
50 3. A local option tax shall be imposed only after
Page 4
1 an election at which a majority of those voting on the
2 question favors imposition and shall then be imposed
3 until repealed as provided in subsection 6, paragraph
4 "a". If the tax is a local vehicle tax imposed by a
5 county, it shall apply to all incorporated and
6 unincorporated areas of the county. If the tax is a
7 local sales and services tax or a local cigarette and
8 tobacco tax imposed by a county, it shall only apply
9 to those incorporated areas and the unincorporated
10 area of that county in which a majority of those
11 voting in the area on the tax favors its imposition.
12 For purposes of the local sales and services tax or a
13 local cigarette and tobacco tax, all cities contiguous
14 to each other shall be treated as part of one
15 incorporated area and the tax would be imposed in each
16 of those contiguous cities only if the majority of
17 those voting in the total area covered by the
18 contiguous cities favors its imposition. For purposes
19 of the local sales and services tax or a local
20 cigarette and tobacco tax, a city is not contiguous to
21 another city if the only road access between the two
22 cities is through another state.
23 4. a. A county board of supervisors shall direct
24 within thirty days the county commissioner of
25 elections to submit the question of imposition of a
26 local vehicle tax, or a local sales and services
tax,
27 or a local cigarette and tobacco tax to the registered
28 voters of the incorporated and unincorporated areas of
29 the county upon receipt of a petition, requesting
30 imposition of a local vehicle tax, or a local sales
31 and services tax, or a local cigarette and tobacco
32 tax, signed by eligible electors of the whole county
33 equal in number to five percent of the persons in the
34 whole county who voted at the last preceding state
35 general election. In the case of a local vehicle tax,
36 the petition requesting imposition shall specify the
37 rate of tax and the classes, if any, that are to be
38 exempt. If more than one valid petition is received,
39 the earliest received petition shall be used.
40 b. The question of the imposition of a local sales
41 and services tax or a local cigarette and tobacco tax
42 shall be submitted to the registered voters of the
43 incorporated and unincorporated areas of the county
44 upon receipt by the county commissioner of elections
45 of the motion or motions, requesting such submission,
46 adopted by the governing body or bodies of the city or
47 cities located within the county or of the county, for
48 the unincorporated areas of the county, representing
49 at least one half of the population of the county.
50 Upon adoption of such motion, the governing body of
Page 5
1 the city or county, for the unincorporated areas,
2 shall submit the motion to the county commissioner of
3 elections and in the case of the governing body of the
4 city shall notify the board of supervisors of the
5 adoption of the motion. The county commissioner of
6 elections shall keep a file on all the motions
7 received and, upon reaching the population
8 requirements, shall publish notice of the ballot
9 proposition concerning the imposition of the local
10 sales and services tax or a local cigarette and
11 tobacco tax. A motion ceases to be valid at the time
12 of the holding of the regular election for the
13 election of members of the governing body which
14 adopted the motion. The county commissioner of
15 elections shall eliminate from the file any motion
16 that ceases to be valid. The manner provided under
17 this paragraph for the submission of the question of
18 imposition of a local sales and services tax or a
19 local cigarette and tobacco tax is an alternative to
20 the manner provided in paragraph "a".
21 5. The county commissioner of elections shall
22 submit the question of imposition of a local option
23 tax at a state general election or at a special
24 election held at any time other than the time of a
25 city regular election. The election shall not be held
26 sooner than sixty days after publication of notice of
27 the ballot proposition. The ballot proposition shall
28 specify the type and rate of tax and in the case of a
29 vehicle tax the classes that will be exempt and in the
30 case of a local sales and services tax or a local
31 cigarette and tobacco tax the date it will be imposed.
32 The ballot proposition shall also specify the
33 approximate amount of local option tax revenues that
34 will be used for property tax relief and shall contain
35 a statement as to the specific purpose or purposes for
36 which the revenues shall otherwise be expended. If
37 the county board of supervisors decides under
38 subsection 6 to specify a date on which the local
39 option sales and services tax or a local cigarette and
40 tobacco tax shall automatically be repealed, the date
41 of the repeal shall also be specified on the ballot.
42 The rate of the vehicle tax shall be in increments of
43 one dollar per vehicle as set by the petition seeking
44 to impose the tax. The rate of a local sales and
45 services tax shall not be more than one percent as set
46 by the governing body. The rate of the cigarette and
47 tobacco tax shall not be more than ten percent as set
48 by the governing body. The state commissioner of
49 elections shall establish by rule the form for the
50 ballot proposition which form shall be uniform
Page 6
1 throughout the state.
2 6. a. If a majority of those voting on the
3 question of imposition of a local option tax favor
4 imposition of a local option tax, the governing body
5 of that county shall impose the tax at the rate
6 specified for an unlimited period. However, in the
7 case of a local sales and services tax or a local
8 cigarette and tobacco tax, the county shall not impose
9 the tax in any incorporated area or the unincorporated
10 area if the majority of those voting on the tax in
11 that area did not favor its imposition. For purposes
12 of the local sales and services tax or a local
13 cigarette and tobacco tax, all cities contiguous to
14 each other shall be treated as part of one
15 incorporated area and the tax shall be imposed in each
16 of those contiguous cities only if the majority of
17 those voting on the tax in the total area covered by
18 the contiguous cities favored its imposition. The
19 local option tax may be repealed or the rate increased
20 or decreased or the use thereof changed after an
21 election at which a majority of those voting on the
22 question of repeal or rate or use change favored the
23 repeal or rate or use change. The election at which
24 the question of repeal or rate or use change is
25 offered shall be called and held in the same manner
26 and under the same conditions as provided in
27 subsections 4 and 5 for the election on the imposition
28 of the local option tax. However, in the case of a
29 local sales and services tax or a local cigarette and
30 tobacco tax where the tax has not been imposed
31 countywide, the question of repeal or imposition or
32 rate or use change shall be voted on only by the
33 registered voters of the areas of the county where the
34 tax has been imposed or has not been imposed, as
35 appropriate. However, the governing body of the
36 incorporated area or unincorporated area where the
37 local sales and services tax or a local cigarette and
38 tobacco tax is imposed may, upon its own motion,
39 request the county commissioner of elections to hold
40 an election in the incorporated or unincorporated
41 area, as appropriate, on the question of the change in
42 use of local sales and services tax revenues. The
43 election may be held at any time but not sooner than
44 sixty days following publication of the ballot
45 proposition. If a majority of those voting in the
46 incorporated or unincorporated area on the change in
47 use favor the change, the governing body of that area
48 shall change the use to which the revenues shall be
49 used. The ballot proposition shall list the present
50 use of the revenues, the proposed use, and the date
Page 7
1 after which revenues received will be used for the new
2 use.
3 When submitting the question of the imposition of a
4 local sales and services tax or a local cigarette and
5 tobacco tax, the county board of supervisors may
6 direct that the question contain a provision for the
7 repeal, without election, of the local sales and
8 services tax or a local cigarette and tobacco tax on a
9 specific date, which date shall be the end of a
10 calendar quarter.
11 b. Within ten days of the election at which a
12 majority of those voting on the question favors the
13 imposition, repeal, or change in the rate of a local
14 option tax, the governing body shall give written
15 notice to the director of revenue and finance or, in
16 the case of a local vehicle tax, to the director of
17 the department of transportation, of the result of the
18 election.
19 8. Local option taxes authorized to be imposed as
20 provided in this chapter are a local sales and
21 services tax, a local cigarette and tobacco tax, and a
22 local vehicle tax. The rate of the tax shall be in
23 increments of one dollar per vehicle for a vehicle tax
24 as set on the petition seeking to impose the vehicle
25 tax. The rate of a local sales and services tax shall
26 not be more than one percent as set by the governing
27 body. The rate of the local cigarette and tobacco tax
28 shall not be more than ten percent as set by the
29 governing body.
30 9. In a county that has imposed a local option
31 sales and services tax or a local option cigarette and
32 tobacco tax, the board of supervisors shall,
33 notwithstanding any contrary provision of this
34 chapter, repeal the local option sales and services
35 tax in the unincorporated areas or in an incorporated
36 city area in which the tax has been imposed upon
37 adoption of its own motion for repeal in the
38 unincorporated areas or upon receipt of a motion
39 adopted by the governing body of that incorporated
40 city area requesting repeal. The board of supervisors
41 shall repeal the local option sales and services tax
42 effective at the end of the calendar quarter during
43 which it adopted the repeal motion or the motion for
44 the repeal was received. For purposes of this
45 subsection, incorporated city area includes an
46 incorporated city which is contiguous to another
47 incorporated city.
48 Sec. 60. NEW SECTION. 422B.5 LOCAL CIGARETTE AND
49 TOBACCO TAX.
50 A local cigarette and tobacco tax at the rate of
Page 8
1 not more than ten percent may be imposed by a county
2 on the gross receipts from sales of cigarettes and
3 tobacco products sold at retail by a retailer as
4 defined under chapter 422, division IV. A local
5 cigarette and tobacco tax shall be imposed only if the
6 retailer is required under section 422.53 to have a
7 state tax permit to collect the state sales and
8 services tax. A local cigarette and tobacco tax is
9 applicable to transactions within those incorporated
10 and unincorporated areas of the county where it is
11 imposed and shall be collected by all persons required
12 to collect state gross receipts taxes. All cities
13 contiguous to each other shall be treated as part of
14 one incorporated area and the tax would be imposed in
15 each of those contiguous cities only if the majority
16 of those voting in the total area covered by the
17 contiguous cities favor its imposition.
18 The amount of the sale, for purposes of determining
19 the amount of the local cigarette and tobacco tax,
20 does not include the amount of any state gross
21 receipts taxes but does include the amount of any tax
22 imposed under chapter 453A.
23 A tax permit other than the state tax permit
24 required under section 422.53 shall not be required by
25 local authorities.
26 Sec. 61. NEW SECTION. 422B.6 ADMINISTRATION.
27 A local cigarette and tobacco tax shall be imposed
28 either January 1, April 1, July 1 or October 1
29 following the notification of the director of revenue
30 and finance.
31 A local cigarette and tobacco tax shall be repealed
32 only on March 31, June 30, September 30, or December
33 31. However, a local cigarette and tobacco tax shall
34 not be repealed before the tax has been in effect for
35 one year. At least forty days before the imposition
36 or repeal of the tax, a county shall provide notice of
37 the action by certified mail to the director of
38 revenue and finance.
39 The director of revenue and finance shall
40 administer a local cigarette and tobacco tax as nearly
41 as possible in conjunction with the administration of
42 state gross receipts tax laws. The director shall
43 provide appropriate forms or provide on the regular
44 state tax forms for reporting local cigarette and
45 tobacco tax liability.
46 The ordinance of a county board of supervisors
47 imposing a local cigarette and tobacco tax shall adopt
48 by reference the applicable provisions of the
49 appropriate sections of chapter 422, division IV. All
50 powers and requirements of the director to administer
Page 9
1 the state gross receipts tax law are applicable to the
2 administration of a local cigarette and tobacco tax
3 law, including but not limited to, the provisions of
4 sections 422.25, subsection 4, 422.30, 422.48 to
5 422.52, 422.54 to 422.58, 422.67, 422.68, 422.69,
6 subsection 1, and 422.70 to 422.75. Local officials
7 shall confer with the director of revenue and finance
8 for assistance in drafting the ordinance imposing a
9 local cigarette and tobacco tax. A certified copy of
10 the ordinance shall be filed with the director as soon
11 as possible after passage.
12 The director, in consultation with local officials,
13 shall collect and account for a local cigarette and
14 tobacco tax. The director shall certify each quarter
15 the amount of local cigarette and tobacco tax receipts
16 and any interest and penalties to be credited to the
17 "local cigarette and tobacco tax fund" established in
18 the office of the treasurer of state.
19 All local tax moneys and interest and penalties
20 received or refunded one hundred eighty days or more
21 after the date on which the county repeals its local
22 cigarette and tobacco tax shall be deposited in or
23 withdrawn from the state general fund.
24 Sec. 62. NEW SECTION. 422B.7 PAYMENT TO LOCAL
25 GOVERNMENTS.
26 1. The director shall credit the local cigarette
27 and tobacco tax receipts and interest and penalties
28 from the tax imposed in the unincorporated area of a
29 county to the county's account in the local cigarette
30 and tobacco tax fund and from the tax imposed in the
31 unincorporated area of a city to the city's account in
32 the local cigarette and tobacco tax fund. If the
33 director is unable to determine from which county any
34 of the receipts were collected, those receipts shall
35 be allocated among the possible counties based on
36 allocation rules adopted by the director.
37 2. a. The director of revenue and finance within
38 fifteen days of the beginning of each fiscal year
39 shall send to each city or county where the local
40 option tax is imposed, an estimate of the amount of
41 tax moneys each city or county will receive for the
42 year and for each quarter of the year. At the end of
43 each quarter, the director may revise the estimates
44 for the year and remaining quarters.
45 b. The director of revenue and finance shall remit
46 ninety percent of the estimate tax receipts for the
47 city or county to the city or county after the end of
48 each quarter no later than the following dates:
49 November 10, February 10, May 10, and August 10.
50 c. The director of revenue and finance shall remit
Page 10
1 a final payment of the remainder of tax moneys due the
2 city or county for the fiscal year before the due date
3 for the payment of the first quarter of the next
4 fiscal year. If an overpayment has resulted during
5 the previous fiscal year, the first payment of the new
6 fiscal year shall be adjusted to reflect any
7 overpayment.
8 3. Local cigarette and tobacco tax moneys received
9 by a city or county shall be expended by the city or
10 county for the purpose of educating minors on the
11 addictiveness and harmful effects of cigarettes and
12 tobacco products and enforcing federal, state, and
13 local cigarette and tobacco laws.
14 Sec. 63. Section 422B.8, unnumbered paragraph 1,
15 Code Supplement 1995, is amended to read as follows:
16 A local sales and services tax at the rate of not
17 more than one percent may be imposed by a county on
18 the gross receipts taxed by the state under chapter
19 422, division IV. A local sales and services tax
20 shall be imposed on the same basis as the state sales
21 and services tax and may not be imposed on the sale of
22 any property or on any service not taxed by the state,
23 except the tax shall not be imposed on the gross
24 receipts from the sale of motor fuel or special fuel
25 as defined in chapter 452A, on the gross receipts from
26 the sale of cigarettes and tobacco products as defined
27 in chapter 453A during the period of local cigarette
28 and tobacco tax is imposed, on the gross receipts from
29 the rental of rooms, apartments, or sleeping quarters
30 which are taxed under chapter 422A during the period
31 the hotel and motel tax is imposed, on the gross
32 receipts from the sale of natural gas or electric
33 energy in a city or county where the gross receipts
34 are subject to a franchise fee or user fee during the
35 period the franchise or user fee is imposed, on the
36 gross receipts from the sale of equipment by the state
37 department of transportation, and on the gross
38 receipts from the sale of a lottery ticket or share in
39 a lottery game conducted pursuant to chapter 99E. A
40 local sales and services tax is applicable to
41 transactions within those incorporated and
42 unincorporated areas of the county where it is imposed
43 and shall be collected by all persons required to
44 collect state gross receipts taxes. All cities
45 contiguous to each other shall be treated as part of
46 one incorporated area and the tax would be imposed in
47 each of those contiguous cities only if the majority
48 of those voting in the total area covered by the
49 contiguous cities favor its imposition.
50 Sec. 64. Section 453A.1, subsections 3 and 4, Code
Page 11
1 1995, are amended by striking the subsections.
2 Sec. 65. Section 453A.2, Code 1995, is amended by
3 adding the following new subsection:
4 NEW SUBSECTION. 5. A violation of subsection 1 is
5 a violation of section 714.16, subsection 2, paragraph
6 "a".
7 Sec. 66. Section 453A.3, unnumbered paragraph 1,
8 Code 1995, is amended to read as follows:
9 A person who violates section 453A.2, subsection 1,
10 or section 453A.39 is guilty of a simple misdemeanor.
11 Sec. 67. Section 453A.6, subsection 1, Code 1995,
12 is amended to read as follows:
13 1. There is imposed, and shall be collected and
14 paid to the department, the following taxes on all
15 cigarettes used or otherwise disposed of in this state
16 for any purpose whatsoever:
17 Class A. On cigarettes weighing not more than
18 three pounds per thousand, eighteen mills a tax at
the
19 rate of three and six-tenths cents on each such
20 cigarette.
21 Class B. On cigarettes weighing more than three
22 pounds per thousand, eighteen mills on each such
23 cigarette.
24 Sec. 68. Section 453A.13, subsections 1 and 2,
25 Code 1995, are amended to read as follows:
26 1. PERMITS REQUIRED. Every distributor,
27 wholesaler, cigarette vendor, and retailer, now
28 engaged or who desires to become engaged in the sale
29 or use of cigarettes, upon which a tax is required to
30 be paid, shall obtain a state or retail cigarette
31 permit as a distributor, wholesaler, cigarette vendor,
32 or retailer, as the case may be.
33 2. ISSUANCE OR DENIAL.
34 a. The department shall issue state permits to
35 distributors, and wholesalers, and cigarette
vendors
36 subject to the conditions provided in this division.
37 Cities may issue retail permits to dealers within
38 their respective limits. County boards of supervisors
39 may issue retail permits to dealers in their
40 respective counties, outside of the corporate limits
41 of cities.
42 b. The department may deny the issuance of a
43 permit to a distributor, wholesaler, vendor or
44 retailer who is substantially delinquent in the
45 payment of a tax due, or the interest or penalty on
46 the tax, administered by the department at the time of
47 application. If the applicant is a partnership, a
48 permit may be denied if a partner is substantially
49 delinquent on any delinquent tax, penalty or interest.
50 If the applicant is a corporation, a permit may be
Page 12
1 denied if any officer having a substantial legal or
2 equitable interest in the ownership of the corporation
3 owes any delinquent tax, interest or penalty of the
4 applicant corporation.
5 Sec. 69. Section 453A.13, subsection 3, unnumbered
6 paragraph 1, Code 1995, is amended to read as follows:
7 All permits provided for in this division shall
8 expire on June 30 of each year. A permit shall not be
9 granted or issued until the applicant has paid for the
10 period ending June 30 next, to the department or the
11 city or county granting the permit, the fees provided
12 for in this division. The annual state permit fee for
13 a distributor, cigarette vendor, and wholesaler is one
14 hundred dollars when the permit is granted during the
15 months of July, August, or September. However,
16 whenever a state permit holder operates more than one
17 place of business, a duplicate state permit shall be
18 issued for each additional place of business on
19 payment of five dollars for each duplicate state
20 permit, but refunds as provided in this division do
21 not apply to any duplicate permit issued.
22 Sec. 70. Section 453A.13, subsection 6, Code 1995,
23 is amended to read as follows:
24 6. NO SALES WITHOUT PERMIT. No distributor,
25 wholesaler, cigarette vendor, or retailer shall sell
26 any cigarettes until such application has been filed
27 and the fee prescribed paid for a permit and until
28 such permit is obtained and only while such permit is
29 unrevoked and unexpired.
30 Sec. 71. Section 453A.22, subsection 2, unnumbered
31 paragraph 1, Code 1995, is amended to read as follows:
32 If a retailer or employee of a retailer has
33 violated section 453A.2, or 453A.36, subsection 6,
or
34 453A.39, the department or local authority, in
35 addition to the other penalties fixed for such
36 violations in this section, shall assess a penalty
37 upon the same hearing and notice as prescribed in
38 subsection 1 as follows:
39 Sec. 72. Section 453A.22, subsection 2, unnumbered
40 paragraph 1, Code 1995, is amended to read as follows:
41 If a retailer or employee of a retailer has
42 violated section 453A.2, or 453A.36, subsection 6,
or
43 453A.39 8, or 9, the department or local authority,
in
44 addition to the other penalties fixed for such
45 violations in this section, shall assess a penalty
46 upon the same hearing and notice as prescribed in
47 subsection 1 as follows:
48 Sec. 73. Section 453A.36, subsection 6, Code 1995,
49 is amended by striking the subsection and inserting in
50 lieu thereof the following:
Page 13
1 6. a. A person shall not sell cigarettes or
2 tobacco products through a vending machine or through
3 self-service displays in this state.
4 b. A manufacturer, distributor, wholesaler,
5 retailer, distributing agent or agent thereof shall
6 not give away cigarettes or tobacco products at any
7 time in connection with the manufacturer's,
8 distributor's, wholesaler's, retailers', distributing
9 agent's or agent's thereof promotion of the business
10 or product.
11 c. It is unlawful for any manufacturer,
12 distributor, wholesaler, retailer, distributing agent
13 or agent thereof to advertise on any advertising
14 device cigarettes or other tobacco products within one
15 thousand feet of any playground, elementary school,
16 middle school, high school, or other facility when
17 such facility is being used primarily by persons under
18 age eighteen for recreational, educational, or other
19 purposes.
20 d. A manufacturer, distributor, wholesaler,
21 retailer, distributing agent or agent thereof shall
22 not advertise cigarettes or tobacco products on
23 advertising devices in this state, no matter where
24 located, including but not limited to advertising
25 devices located on public transportation or at the
26 point-of-sale, shall be in black and white text only.
27 e. A manufacturer, distributor, wholesaler,
28 retailer, distributing agent or agent thereof shall
29 not sell or distribute in this state promotional items
30 and prizes, including but not limited to caps, T-
31 shirts, and bags, which bear the logo or name of a
32 cigarette or tobacco product, and shall not utilize
33 proof-of-purchase exchanges for cigarettes or other
34 tobacco products in this state.
35 f. Any cigarettes or tobacco products or related
36 items sold or distributed in this state are subject to
37 all of the following, as applicable:
38 (1) All sales of cigarettes and tobacco products
39 shall be made in face-to-face sales, and age
40 verification shall be required for each sale.
41 (2) All cigarettes and tobacco products shall be
42 located behind a counter or in another location which
43 is under the exclusive control of the seller and which
44 is not directly accessible to the general public.
45 g. In addition to any other penalty which applies
46 to a violation of this subsection, any person, as
47 specified in this subsection, who violates this
48 subsection, is guilty of a serious misdemeanor.
49 Sec. 74. Section 453A.42, subsection 8, Code 1995,
50 is amended to read as follows:
Page 14
1 8. "Place of business" means any place where
2 tobacco products are sold or where tobacco products
3 are manufactured, stored, or kept for the purpose of
4 sale or consumption, including any vessel, vehicle,
5 airplane, or train, or vending machine.
6 Sec. 75. Section 453A.43, subsection 1, unnumbered
7 paragraph 1, Code 1995, is amended to read as follows:
8 A tax is imposed upon all tobacco products in this
9 state and upon any person engaged in business as a
10 distributor of tobacco products, at the rate of
11 twenty-two forty-four percent of the wholesale sales
12 price of the tobacco products, except little cigars as
13 defined in section 453A.42. Little cigars shall be
14 subject to the same rate of tax imposed upon
15 cigarettes in section 453A.6, payable at the time and
16 in the manner provided in section 453A.6; and stamps
17 shall be affixed as provided in division I of this
18 chapter. The tax on tobacco products, excluding
19 little cigars, shall be imposed at the time the
20 distributor does any of the following:
21 Sec. 76. Section 453A.43, subsection 2, unnumbered
22 paragraph 1, Code 1995, is amended to read as follows:
23 A tax is imposed upon the use or storage by
24 consumers of tobacco products in this state, and upon
25 the consumers, at the rate of twenty-two forty-four
26 percent of the cost of the tobacco products.
27 Sec. 77. Section 453A.56, Code 1995, is amended to
28 read as follows:
29 453A.56 UNIFORM APPLICATION.
30 Enforcement of this chapter shall be implemented in
31 an equitable manner throughout the state. For the
32 purpose of equitable and uniform implementation,
33 application, and enforcement of state and local laws
34 and regulations, the provisions of this chapter shall
35 supersede any local law or regulation which is
36 inconsistent with or conflicts with the provisions of
37 this chapter, unless the local law or regulation is
38 more restrictive in application in which case the more
39 restrictive portion of the local law or regulation
40 shall supersede any inconsistent or conflicting
41 provision of this chapter. This section and any
other
42 provision in this chapter shall not prohibit the
43 imposition of a local option cigarette and tobacco tax
44 under chapter 422B.
45 Sec. 78. NEW SECTION. 453A.57 IOWA DO NOT START-
46 STOP SMOKING FUND ESTABLISHED.
47 1. An Iowa do not start-stop smoking fund is
48 created within the state treasury under the control of
49 the Iowa department of public health. Moneys received
50 by the department from fees collected and designated
Page 15
1 for this purpose shall be deposited in the state
2 treasury to the credit of the fund and are
3 appropriated for the purposes specified in this
4 section. Notwithstanding section 8.33, any unexpended
5 balance in the fund at the end of each fiscal year
6 shall be retained in the fund. Any interest and
7 earnings on investments from money in the fund shall
8 be credited to the fund, section 12C.7
9 notwithstanding.
10 2. Every manufacturer, distributor, distributing
11 agent, wholesaler, retailer, or subjobber who engages
12 in the sale, distribution, or use of cigarettes or
13 tobacco products in this state, upon which a tax is
14 required to be paid, and who is required to obtain a
15 permit or license, shall pay, in addition to any fee
16 for a permit, a fee of one hundred dollars at the time
17 of application for a permit or license. If a state
18 permit holder operates more than one place of
19 business, the fee shall only be paid at the time of
20 the initial application for a permit or license. The
21 moneys collected shall be deposited in the Iowa do not
22 start-stop smoking fund created in this section.
23 3. The Iowa department of public health shall
24 develop and implement a do not start-stop smoking
25 education campaign to educate minors and others about
26 the hazards of using cigarettes and tobacco products.
27 Sec. 79. Section 453A.39, Code 1995, is repealed.
28 Sec. 80. Section 57 of this Act, relating to the
29 recovery of medical assistance expenditures due to
30 smoking, being deemed of immediate importance, takes
31 effect upon enactment.
32 Sec. 81. This division of this Act with the
33 exception of section 57 takes effect July 1, 1996, and
34 section 58 of this division applies to tax years
35 ending on or after that date.
36 Sec. 82. RETROACTIVE APPLICABILITY. The state may
37 recover, pursuant to section 249A.30, in addition to
38 any subsequent damages, any applicable damages
39 incurred within the two years preceding the date of
40 enactment of section 249A.30 of this Act."
41 2. Page 6, line 6, by inserting after the word
42 "tax," the following: "increasing the standard
43 deduction for individual income tax purposes,
44 increasing the tax rate on cigarettes and tobacco
45 products, and making other changes relating to
46 cigarette and tobacco products,".
47 3. Page 6, line 9, by inserting after the word
48 "relief" the following: ", providing penalties,".
Amendment H-5655 lost.
Bernau of Story offered the following amendment H-5653, to
amendment H-5523, filed by Bernau, et. al., and moved its
adoption:
H-5653
1 Amend the amendment, H-5523, to Senate File 2449,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, by inserting after line 26 the
5 following:
6 "DIVISION
7 PROPERTY TAX CREDITS FUNDING
8 Sec. ___. Section 8.59, Code 1995, is amended to
9 read as follows:
10 8.59 APPROPRIATIONS FREEZE.
11 Notwithstanding contrary provisions of the Code,
12 the amounts appropriated under the applicable sections
13 of the Code for fiscal years commencing on or after
14 July 1, 1993, are limited to those amounts expended
15 under those sections for the fiscal year commencing
16 July 1, 1992. If an applicable section appropriates
17 moneys to be distributed to different recipients and
18 the operation of this section reduces the total amount
19 to be distributed under the applicable section, the
20 moneys shall be prorated among the recipients. As
21 used in this section, "applicable sections" means the
22 following sections: 53.50, 229.35, 230.8, 230.11,
23 405A.8, 411.20, 425.1, 425.39, 426A.1, 663.44, and
24 822.5.
25 Sec. ___. Section 425.40, subsection 1, Code 1995,
26 is amended to read as follows:
27 1. A low-income tax credit and reimbursement fund
28 is created. There is appropriated annually from the
29 general fund of the state to the department of revenue
30 and finance to be credited to the low-income tax
31 credit and reimbursement fund an amount sufficient to
32 implement this division."
33 2. Page 6, line 7, by inserting after the word
34 "tax," the following: "fully funding the homestead
35 and military tax credits and the low-income credit and
36 reimbursement programs,".
Roll call was requested by Bernau of Story and McCoy of Polk.
Rule 75 was invoked.
On the question "Shall amendment H-5653, to amendment H-5523, be
adopted?" (S.F. 2449)
The ayes were, 36:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
McCoy Mertz Moreland
Mundie Murphy Myers Nelson, L.
O'Brien Ollie Osterhaus Schrader
Shoultz Taylor Warnstadt Weigel
Witt
The nays were, 60:
Blodgett Boddicker Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Churchill Coon Corbett, Spkr. Cormack
Daggett Dinkla Disney Drake
Eddie Ertl Garman Gipp
Greig Gries Grubbs
Grundberg Hahn Halvorson Hammitt Barry
Hanson Harrison Heaton Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer Millage
Nelson, B. Nutt Rants Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Vande Hoef Veenstra Weidman Welter
Van Maanen, Presiding
Absent or not voting, 4:
Arnold Greiner Houser Wise
Amendment H-5653 lost.
Shoultz of Black Hawk offered the following amendment H-5641, to
amendment H-5523, filed by him and moved its adoption:
H-5641
1 Amend the amendment, H-5523, to Senate File 2449,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, by inserting after line 26 the
5 following:
6 "DIVISION
7 ABATEMENT OF TAXES
8 Sec. ___. NEW SECTION. 427.8A PETITION FOR
9 SUSPENSION AND ABATEMENT OF TAXES DUE TO A DISASTER.
10 The board of supervisors may suspend or abate all
11 or part of taxes on a parcel of private property in
12 order to prevent or abate a public nuisance and to
13 encourage repair or reconstruction of private property
14 damaged due to a disaster. The owner of property
15 damaged due to a disaster may file a petition, duly
16 sworn to, with the board of supervisors, stating the
17 circumstances of the disaster and giving a statement
18 of parcels, as defined in section 445.1, damaged by
19 the disaster, and other information as the board may
20 require. The board of supervisors may order the
21 county treasurer to suspend the collection of the
22 taxes, special assessments, and rates or charges,
23 including interest, fees, and costs, which are
24 assessed against the petitioner or the petitioner's
25 estate for the current year and those unpaid for prior
26 years. If the owner agrees to repair the damage or
27 reconstruct the property, the board may also abate
28 future taxes, special assessments, and rates or
29 charges, including interest, fees, and costs for a
30 period not to exceed five years. The petition, when
31 approved, shall be filed by March 1 of the current tax
32 year with the treasurer.
33 For purposes of this section, "disaster" means
34 manmade and natural occurrences including, but not
35 limited to, fire, flood, earthquake, tornado, or
36 windstorm which results in damage exceeding fifty
37 percent of the property's assessed value."
38 2. Page 6, line 7, by inserting after the word
39 "tax," the following: "allowing for the suspension or
40 abatement of property taxes as a result of a
41 disaster,".
Amendment H-5641 lost.
Weigel of Chickasaw offered the following amendment H-5662, to
amendment H-5523, filed by him from the floor and moved its
adoption:
H-5662
1 Amend the amendment, H-5523, to Senate File 2449,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, by inserting after line 26 the
5 following:
6 "DIVISION
7 FAMILY FARM AND AGRICULTURAL LAND TAX CREDITS
8 Sec. ___. Section 425A.1, Code 1995, is amended to
9 read as follows:
10 425A.1 FAMILY FARM TAX CREDIT FUND.
11 The family farm tax credit fund is created in the
12 office of the treasurer of state. There shall be
13 transferred appropriated annually to the fund
the
14 first ten million dollars of the amount annually
15 appropriated to the agricultural land credit fund,
16 provided in section 426.1 an amount sufficient to
17 implement this chapter. Any balance in the fund on
18 June 30 shall revert to the general fund.
19 Sec. ___. Section 425A.2, subsection 4, Code 1995,
20 is amended to read as follows:
21 4. "Designated person" means one of the following:
22 a. If the owner is an individual, the designated
23 person includes the owner of the tract or a person
24 related to the owner as, the owner's spouse,
parent,
25 grandparent, the owner's child, grandchild,
or
26 stepchild, and their spouses, or the owner's relative
27 within the third degree of consanguinity, and the
28 relative's spouse.
29 b. If the owner is a partnership, a partner, or
30 the partner's spouse.
31 c. If the owner is a family farm corporation, a
32 family member who is a shareholder of the family farm
33 corporation or the shareholder's spouse.
34 d. If the owner is an authorized farm corporation,
35 a shareholder who owns at least fifty-one percent of
36 the stock of the authorized farm corporation or the
37 shareholder's spouse.
38 e. If the owner is an individual who leases the
39 tract to a family farm corporation, a shareholder of
40 the corporation if the combined stock of the family
41 farm corporation owned by the owner of the tract and
42 persons related to the owner as enumerated in
43 paragraph "a" is equal to at least fifty-one percent
44 of the stock of the family farm corporation.
45 f. If the owner is an individual who leases the
46 tract to a partnership, a partner if the combined
47 partnership interest owned by the owner of the tract
48 and persons related to the owner as enumerated in
49 paragraph "a" is equal to at least fifty-one percent
50 of the ownership interest of the partnership.
Page 2
1 Sec. ___. Section 426.1, Code 1995, is amended to
2 read as follows:
3 426.1 AGRICULTURAL LAND CREDIT FUND.
4 There is created as a permanent fund in the office
5 of the treasurer of state a fund to be known as the
6 agricultural land credit fund, and for the purpose of
7 establishing and maintaining this fund for each fiscal
8 year there is appropriated thereto to the fund from
9 funds in the general fund not otherwise appropriated
10 the sum of thirty-nine twenty-nine million one
hundred
11 thousand dollars of which the first ten million
12 dollars shall be transferred to and deposited into the
13 family farm tax credit fund created in section 425A.1.
14 Any balance in said fund on June 30 shall revert to
15 the general fund.
16 Sec. ___. This division of this Act, being deemed
17 of immediate importance, takes effect upon enactment
18 and applies to family farm tax credits and
19 agricultural land credits allowed for property taxes
20 due and payable in fiscal years beginning on or after
21 July 1, 1996."
22 2. Page 6, line 7, by inserting after the word
23 "tax," the following: "increasing the funding for the
24 family farm tax credit,".
Roll call was requested by Bernau of Story and Weigel of
Chickasaw.
Rule 75 was invoked.
On the question "Shall amendment H-5662, to amendment H-5523, be
adopted?" (S.F. 2449)
The ayes were, 37:
Baker Bell Bernau Brammer
Brand Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
McCoy Mertz Moreland Mundie
Murphy Myers Nelson, L. O'Brien
Ollie Osterhaus Schrader Shoultz
Taylor Warnstadt Weigel Wise
Witt
The nays were, 61:
Blodgett Boggess Bradley Branstad
Brauns Brunkhorst Carroll Churchill
Coon Corbett, Spkr. Cormack Daggett
Dinkla Disney Drake Eddie
Ertl Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer Millage
Nelson, B. Nutt Rants Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van
Fossen Vande Hoef Veenstra Weidman
Welter Van Maanen,
Presiding
Absent or not voting, 2:
Arnold Boddicker
Amendment H-5662 lost.
Shoultz of Black Hawk offered the following amendment H-5633, to
amendment H-5523, filed by him and Ollie and moved its adoption:
H-5633
1 Amend the amendment, H-5523, to Senate File 2449,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. By striking page 3, line 28, through page 6,
5 line 1, and inserting the following:
6 "SCHOOL FUNDING
7 Sec. ___. Section 256B.9, Code 1995, is amended by
8 adding the following new subsection:
9 NEW SUBSECTION. 10. For the school year
10 commencing July 1, 1996, the director of the
11 department of education shall report to the school
12 budget review committee the total statewide deficit,
13 actual or estimate for the most recent school year
14 available, in costs for providing instruction for
15 children requiring special education in the categories
16 of the weighting plan established under this section,
17 and for providing services to nonpublic school
18 students pursuant to section 256.12, subsection 2.
19 The school budget review committee shall adjust the
20 weighting plan beginning with the school year
21 beginning July 1, 1996, so as to eliminate the amount
22 of the statewide deficit as reported by the director.
23 Any adjustment to weightings made under this
24 subsection shall be in addition to any adjustments
25 made pursuant to subsection 4.
26 Sec. ___. Section 257.1, subsection 2, unnumbered
27 paragraph 2, Code Supplement 1995, is amended to read
28 as follows:
29 For the budget year commencing July 1, 1991 1996,
30 and for each succeeding budget year the regular
31 program foundation base per pupil is eighty-three
32 eighty-five percent of the regular program state cost
33 per pupil, except that the regular program foundation
34 base per pupil for the portion of weighted enrollment
35 that is additional enrollment because of special
36 education is seventy-nine percent of the regular
37 program state cost per pupil. For each succeeding
38 budget year, the regular program foundation base shall
39 increase one-half of one percent per year until the
40 regular program foundation base reaches ninety percent
41 of the regular program state cost per pupil. For the
42 budget year commencing July 1, 1991 1996, and for
each
43 succeeding budget year the special education support
44 services foundation base is seventy-nine eighty-five
45 percent of the special education support services
46 state cost per pupil. It shall increase at the same
47 rate as the regular program foundation base. The
48 combined foundation base is the sum of the regular
49 program foundation base and the special education
50 support services foundation base.
Page 2
1 Sec. ___. Section 257.11, unnumbered paragraph 1,
2 Code Supplement 1995, is amended to read as follows:
3 In order to provide additional funds for school
4 districts which send their resident pupils to another
5 school district or to a community college for classes,
6 which jointly employ and share the services of
7 teachers under section 280.15, which use the services
8 of a teacher employed by another school district, or
9 which jointly employ and share the services of a
10 school superintendent under section 280.15 or 273.7A,
11 have established programs for returning dropouts and
12 dropout prevention, or which have established gifted
13 and talented children programs, a supplementary
14 weighting plan for determining enrollment is adopted
15 as follows:
16 Sec. ___. Section 257.11, Code Supplement 1995, is
17 amended by adding the following new subsections:
18 NEW SUBSECTION. 8. GIFTED AND TALENTED CHILDREN
19 PROGRAMS. School districts that have established
20 gifted and talented children programs approved
21 pursuant to sections 257.42 through 257.49 may receive
22 supplementary weighting for each pupil enrolled in the
23 program equal to two-tenths. However, the total
24 additional weighting allowed under this subsection for
25 a budget year for a school district shall not result
26 in additional funding in excess of the lesser of the
27 product of one-fifth of the district cost per pupil
28 multiplied by one-twentieth of the budget enrollment,
29 or of the amount established by the department of
30 management, as required in section 257.46, to be
31 raised from supplementary weighting.
32 NEW SUBSECTION. 9. RETURNING DROPOUTS AND DROPOUT
33 PREVENTION PROGRAMS. School districts that have
34 established returning dropouts and dropout prevention
35 programs approved pursuant to sections 257.38 through
36 257.41 may receive supplementary weighting for each
37 pupil enrolled in the program equal to two-tenths.
38 However, the total additional weighting allowed under
39 this subsection for a budget year for a school
40 district shall not result in additional funding in
41 excess of the lesser of the product of one-fifth of
42 the district cost per pupil multiplied by one-
43 twentieth of the budget enrollment, or of the amount
44 established by the department of management, as
45 required in section 257.41, to be raised from
46 supplementary weighting.
47 Sec. ___. Section 257.20, subsection 1, Code 1995,
48 is amended to read as follows:
49 1. In order to determine the amount of
50 instructional support state aid and the amount of
Page 3
1 local funding for the instructional support program
2 for a district, the department of management shall
3 divide the total assessed valuation in the state by
4 the total budget enrollment for the budget year in the
5 state to determine a state assessed valuation per
6 pupil and shall divide the assessed valuation in each
7 district by the district's budget enrollment for the
8 budget year to determine the district assessed
9 valuation per pupil. The department of management
10 shall multiply the ratio of the state's valuation per
11 pupil to the district's valuation per pupil by twenty-
12 five hundredths and subtract that result from one to
13 determine the portion of the instructional support
14 program budget that is local funding. The remaining
15 portion of the budget shall be funded by instructional
16 support state aid. However, for the budget year
17 beginning July 1, 1992, only, the amount of state aid
18 is three and one-quarter percent less than the amount
19 computed under this paragraph for that budget year.
20 Sec. ___. Section 257.20, subsection 2, paragraphs
21 a and b, Code 1995, are amended by striking the
22 paragraphs.
23 Sec. ___. Section 257.20, subsection 3, Code 1995,
24 is amended by striking the subsection.
25 Sec. ___. Section 257.38, unnumbered paragraphs 1
26 and 2, Code 1995, are amended to read as follows:
27 Boards of school districts, individually or jointly
28 with boards of other school districts, requesting to
29 use additional allowable growth receive
supplementary
30 weighting for programs for returning dropouts and
31 dropout prevention, shall annually submit
32 comprehensive program plans for the programs and
33 budget costs, including requests for additional
34 allowable growth supplementary weighting for funding
35 the programs, to the department of education as
36 provided in this chapter. The program plans shall
37 include:
38 Program plans shall identify the parts of the plan
39 that will be implemented first upon approval of the
40 application. If a district is requesting to use
41 additional allowable growth receive supplementary
42 weighting to finance the program, it shall not
43 identify more than five percent of its budget
44 enrollment for the budget year as returning dropouts
45 and potential dropouts.
46 Sec. ___. Section 257.40, Code 1995, is amended to
47 read as follows:
48 257.40 PLANS FOR RETURNING DROPOUTS AND DROPOUT
49 PREVENTION.
50 The board of directors of a school district
Page 4
1 requesting to use additional allowable growth
receive
2 supplementary weighting for programs for returning
3 dropouts and dropout prevention shall submit
4 applications for approval for the programs to the
5 department not later than November 1 preceding the
6 budget year during which the program will be offered.
7 The department shall review the program plans and
8 shall prior to January 15 either grant approval for
9 the program or return the request for approval with
10 comments of the department included. An unapproved
11 request for a program may be resubmitted with
12 modifications to the department not later than
13 February 1. Not later than February 15, the
14 department shall notify the department of management
15 and the school budget review committee of the names of
16 the school districts for which programs using
17 additional allowable growth receiving supplementary
18 weighting for funding have been approved and the
19 approved budget of each program listed separately for
20 each school district having an approved program.
21 Sec. ___. Section 257.41, Code 1995, is amended to
22 read as follows:
23 257.41 FUNDING FOR PROGRAMS FOR RETURNING DROPOUTS
24 AND DROPOUT PREVENTION.
25 The budget of an approved program for returning
26 dropouts and dropout prevention for a school district,
27 after subtracting funds received from other sources
28 for that purpose, shall be funded annually on a basis
29 of one-fourth or more from the district cost of the
30 school district and up to three-fourths by an increase
31 in allowable growth as defined in section 257.8
32 receipt of supplementary weighting as provided in
33 section 257.11, subsection 9. Annually, the
34 department of management shall establish a modified
35 allowable growth the amount of additional funding
36 needed to be raised from the supplementary weighting
37 for each such district equal to the difference between
38 the approved budget for the program for returning
39 dropouts and dropout prevention for that district and
40 the sum of the amount funded from the district cost of
41 the school district plus funds received from other
42 sources.
43 Sec. ___. Section 257.42, unnumbered paragraph 1,
44 Code 1995, is amended to read as follows:
45 Boards of school districts, individually or jointly
46 with the boards of other school districts, requesting
47 to use additional allowable growth receive
48 supplementary weighting for gifted and talented
49 children programs, may annually submit program plans
50 for gifted and talented children programs and budget
Page 5
1 costs, including requests for additional allowable
2 growth supplementary weighting for funding the
3 programs, to the department of education and to the
4 applicable gifted and talented children advisory
5 council, if an advisory council has been established,
6 as provided in this chapter.
7 Sec. ___. Section 257.42, unnumbered paragraphs 4
8 and 5, Code 1995, are amended to read as follows:
9 The department of education shall adopt rules under
10 chapter 17A relating to the administration of sections
11 257.42 through 257.49. The rules shall prescribe the
12 format of program plans submitted under section 257.43
13 and shall require that programs fulfill specified
14 objectives. The department shall encourage and assist
15 school districts to provide programs for gifted and
16 talented children whether or not additional allowable
17 growth supplementary weighting is requested under
this
18 chapter.
19 The department may request that the staff of the
20 auditor of state conduct an independent program audit
21 to verify that the gifted and talented children
22 programs funded by additional allowable growth
23 supplementary weighting conform to a district's
24 program plans.
25 Sec. ___. Section 257.45, subsection 1, Code 1995,
26 is amended to read as follows:
27 1. The board of directors of a school district
28 requesting to use additional allowable growth
receive
29 supplementary weighting for gifted and talented
30 children programs shall submit applications for
31 approval for the programs to the department not later
32 than November 1 preceding the fiscal year during which
33 the program will be offered. The board shall also
34 submit a copy of the program plans to the gifted and
35 talented children advisory council, if an advisory
36 council has been established. The department shall
37 review the program plans and shall prior to January 15
38 either grant approval for the program or return the
39 request for approval with comments of the department
40 included. Any unapproved request for a program may be
41 resubmitted with modifications to the department not
42 later than a date established by the department. Not
43 later than February 15 the department shall notify the
44 department of management and the school budget review
45 committee of the names of the school districts for
46 which gifted and talented children programs using
47 additional allowable growth receiving supplementary
48 weighting for funding have been approved and the
49 approved budget of each program listed separately for
50 each school district having an approved program.
Page 6
1 Sec. ___. Section 257.46, Code 1995, is amended to
2 read as follows:
3 257.46 FUNDING.
4 The budget of an approved gifted and talented
5 children program for a school district, after
6 subtracting funds received from other sources for that
7 purpose, shall be funded annually on a basis of one-
8 fourth or more from the district cost of the school
9 district and up to three-fourths by an increase in
10 allowable growth as defined in section 257.8 receipt
11 of supplementary weighting as provided in section
12 257.11, subsection 8. The approved budget for a
13 gifted and talented children program shall not exceed
14 an amount equal to one and twenty-four-hundredths
15 percent of the district cost per pupil of the district
16 for the base year multiplied by the budget enrollment
17 of the district for the budget year. Annually, the
18 department of management shall establish a modified
19 allowable growth the amount of additional funding
20 needed to be raised from the supplementary weighting
21 for each such district equal to the difference between
22 the approved budget for the gifted and talented
23 children program for that district and the sum of the
24 amount funded from the district cost of the school
25 district plus funds received from other sources.
26 If any portion of the gifted and talented program
27 budget remains unexpended at the end of the budget
28 year, the part of the remainder equal to the
29 proportion of the original budget which was funded by
30 an increase in allowable growth, as defined in section
31 257.8, supplementary weightings shall be carried
over
32 to the subsequent budget year and added to the gifted
33 and talented program budget for that year.
34 Sec. ___. This division of this Act, being deemed
35 of immediate importance, takes effect upon enactment,
36 and applies to the computation of school funding for
37 school budget years commencing on or after July 1,
38 1996.""
39 2. Page 6, by striking line 8 and inserting the
40 following: "providing additional state aid for
41 purposes".
A non-record roll call was requested.
The ayes were 30, nays 49.
Amendment H-5633 lost.
Brand of Benton offered amendment H-5668, to amendment H-5523,
filed by him from the floor as follows:
H-5668
1 Amend the amendment, H-5523, to Senate File 2449,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 6, by striking the word
5 "INDEXATION".
6 2. Page 2, by inserting after line 16 the
7 following:
8 "Sec. ___. NEW SECTION. 422.12F CAPITAL GAIN
9 CREDIT.
10 1. The taxes imposed under this division shall be
11 reduced by a capital gain credit equal to fifty
12 percent of the net capital gain of the taxpayer on the
13 sale of agricultural land to a beginning farmer under
14 the "Farm-On" program of the agricultural extension
15 service. However, to receive the credit both the
16 taxpayer and the beginning farmer must be enrolled in
17 the "Farm-On" program prior to the sale of the
18 agricultural land.
19 2. The taxpayer must completely fill out the
20 return and determine the taxpayer's tax liability
21 without deduction for the credit allowed in subsection
22 1 and pay the amount of tax owed. The taxpayer shall
23 then recompute the taxpayer's income tax liability
24 pursuant to this division with the deduction for the
25 credit allowed in subsection 1 on a special return.
26 This special return shall be filed with the regular
27 return and constitutes a claim for refund of the
28 difference between the amount of tax the taxpayer paid
29 on the regular return and the amount of tax determined
30 on the special return.
31 3. For any tax year, the aggregate amount of
32 refund claims that shall be paid pursuant to this
33 section shall not exceed ten million dollars. If, for
34 a tax year, the aggregate amount of refund claims
35 filed pursuant to this section exceeds ten million
36 dollars, each claim for refund shall be paid on a pro
37 rata basis so that the aggregate amount of refund
38 claims does not exceed ten million dollars. In the
39 case where refund claims are not allowed in full, the
40 amount of the refund to which the taxpayer is entitled
41 under this section is the pro rata amount that was
42 paid and the taxpayer is not entitled to a refund of
43 the unpaid portion and is not entitled to carry that
44 amount forward or backward to another tax year.
45 Taxpayers shall not use refunds as estimated payments
46 for the succeeding tax year. The department shall
47 determine by October 1 of the tax year following the
48 tax year for which the refund claim is filed if the
49 aggregate amount of refund claims exceeds ten million
50 dollars for the tax year. Notwithstanding any
Page 2
1 provision, interest shall not be due on any refund
2 claims that are paid by December 31 of the tax year
3 following the tax year for which the refund claim is
4 filed. For taxpayers that are fiscal year filers, the
5 amount of the refund claim allowed shall be in the
6 same ratio as the refund claims allowed for the tax
7 year in which the taxpayer's fiscal year began."
8 3. Page 2, line 21, by inserting after the figure
9 "1996." the following: "This division of this Act
10 applies retroactively to January 1, 1996, to tax years
11 beginning on or after that date."
12 4. Page 6, line 6, by striking the word "of" and
13 inserting the following: "and providing a credit for
14 the sale of farmland to a beginning farmer under".
Speaker Corbett in the chair at 1:04 p.m.
Brand of Benton moved the adoption of amendment H-5668, to
amendment H-5523.
A non-record roll call was requested.
The ayes were 25, nays 57.
Amendment H-5668 lost.
LEAVE OF ABSENCE
Leave of absence was granted as follows:
Tyrrell of Iowa, until his return, on request of Siegrist of
Pottawattamie.
Wise of Lee offered the following amendment H-5670, to amendment
H-5523, filed by Wise, Shoultz and Ollie from the floor and
moved its adoption:
H-5670
1 Amend amendment, H-5523, to Senate File 2449, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, line 28, by striking the words
5 "PROPERTY TAX" and inserting the following:
6 "FUNDING".
7 2. By striking page 3, line 29, through page 6,
8 line 1, and inserting the following:
9 "Sec. ___. Section 257.1, subsection 2, unnumbered
10 paragraph 2, Code Supplement 1995, is amended to read
11 as follows:
12 For the budget year commencing July 1, 1991 1996,
13 and for each succeeding budget year the regular
14 program foundation base per pupil is eighty-three
15 eighty-seven percent of the regular program state cost
16 per pupil, except that the regular program foundation
17 base per pupil for the portion of weighted enrollment
18 that is additional enrollment because of special
19 education is seventy-nine percent of the regular
20 program state cost per pupil. For each succeeding
21 budget year, the regular program foundation base shall
22 increase one-half of one percent per year until the
23 regular program foundation base reaches ninety percent
24 of the regular program state cost per pupil. For the
25 budget year commencing July 1, 1991 1996, and for
each
26 succeeding budget year the special education support
27 services foundation base is seventy-nine
eighty-seven
28 percent of the special education support services
29 state cost per pupil. It shall increase at the same
30 rate as the regular program foundation base. The
31 combined foundation base is the sum of the regular
32 program foundation base and the special education
33 support services foundation base.
34 Sec. ___. This division of this Act, being deemed
35 of immediate importance, takes effect upon enactment,
36 and applies to the computation of school funding for
37 school budget years commencing on or after July 1,
38 1996."
39 3. Page 6, by striking line 8 and inserting the
40 following: "providing additional state aid to school
41 districts for purposes".
42 4. By renumbering as necessary.
Roll call was requested by Wise of Lee and Ollie of Clinton.
On the question "Shall amendment H-5670, to amendment H-5523, be
adopted?" (S.F. 2449)
The ayes were, 36:
Bell Bernau Brammer Brand
Burnett Cataldo Cohoon Connors
Doderer Drees Fallon Hanson
Harper Holveck Jochum Koenigs
Kreiman Larkin Mascher May
McCoy Moreland Mundie Murphy
Myers Nelson, L. O'Brien Ollie
Osterhaus Schrader Shoultz Taylor
Warnstadt Weigel Wise Witt
The nays were, 57:
Blodgett Boddicker Boggess Branstad
Brauns Brunkhorst Churchill Coon
Cormack Daggett Dinkla Disney
Drake Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn
Halvorson Hammitt Barry Harrison Heaton
Houser Hurley Huseman Jacobs
Klemme Kremer Lamberti Larson
Martin Mertz Metcalf Meyer
Millage Nelson, B. Nutt Rants
Renken Salton Schulte Siegrist
Sukup Teig Thomson Van Fossen
Van Maanen Vande Hoef Veenstra Weidman
Welter Mr. Speaker
Corbett
Absent or not voting, 7:
Arnold Baker Bradley Carroll
Lord Main Tyrrell
Amendment H-5670 lost.
Carroll of Poweshiek in the chair at 1:52 p.m.
Speaker Corbett in the chair at 1:55 p.m.
Halvorson of Clayton moved the adoption of amendment H-5523.
Roll call was requested by Siegrist of Pottawattamie and Rants
of Woodbury.
On the question "Shall amendment H-5523 be adopted?" (S.F. 2449)
The ayes were, 62:
Arnold Blodgett Boddicker Boggess
Bradley Branstad Brauns Brunkhorst
Carroll Churchill Coon Cormack
Daggett Dinkla Disney Drake
Eddie Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Mertz Metcalf Meyer
Millage Mundie Nelson, B. Nutt
Rants Renken Salton Schulte
Siegrist Sukup Teig Thomson
Van Fossen Van Maanen Veenstra Weidman
Welter Mr. Speaker
Corbett
The nays were, 34:
Bell Bernau Brammer Brand
Burnett Cataldo Cohoon Connors
Doderer Drees Ertl Fallon
Harper Holveck Jochum
Koenigs Kreiman Larkin Mascher
May McCoy Moreland Myers
Nelson, L. O'Brien Ollie Osterhaus
Schrader Shoultz Taylor Warnstadt
Weigel Wise Witt
Absent or not voting, 4:
Baker Murphy Tyrrell Vande Hoef
Amendment H-5523 was adopted.
Halvorson of Clayton moved that the bill be read a last time now
and placed upon its passage which motion prevailed and the bill
was read a last time.
On the question "Shall the bill pass?" (S.F. 2449)
The ayes were, 95:
Arnold Bell Bernau Blodgett
Boddicker Boggess Bradley Brand
Branstad Brauns Brunkhorst Burnett
Carroll Cataldo Churchill Cohoon
Connors Coon Cormack Daggett
Dinkla Disney Doderer Drake
Drees Eddie Ertl Garman
Gipp Greig Greiner Gries
Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson 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 Nelson, B.
Nelson, L. Nutt O'Brien Ollie
Osterhaus Rants Renken Salton
Schrader Schulte Shoultz Siegrist
Sukup Taylor Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Warnstadt Weidman Weigel
Welter Wise Witt Mr. Speaker
Corbett
The nays were, 4:
Brammer Fallon Harper Myers
Absent or not voting, 1:
Baker
The bill having received a constitutional majority was declared
to have passed the House and the title, as amended, was agreed
to.
IMMEDIATE MESSAGES
Siegrist of Pottawattamie asked and received unanimous consent
that the following bills be immediately messaged to the Senate:
Senate Files 2062, 2235, 2282 and 2449.
SPECIAL PRESENTATION
Nelson of Pottawattamie presented to the House Brian Heithoff
and Joseph Reid, representatives of the Fourth and Fifth Grade
Classes of Gunn Elementary School, Council Bluffs. The classes,
and their teacher Mrs. Heithoff, have taken "The Capitol
Bulilding Restoration" as an ongoing project. Through bake
sales, car washes, and donations from organizations, companies
and families, the students were able to present a check for
$2,153.82 to Speaker Corbett to be used for the Capitol Building
restoration project.
The House rose and expressed its appreciation.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 27, 1996, amended and passed the
following bill in which the concurrence of the House is asked:
House File 514, a bill for an act relating to Iowa motor vehicle
registration plates, by providing for special United States
armed forces retired plates, special plates for education and an
Iowa education transportation enhancement fund, and special
silver and bronze star plates, providing for special
registration plates with distinguishing processed emblems,
providing for required plate specifications, making penalties
applicable, and providing an effective date.
Also: That the Senate has on March 27, 1996, passed the
following bill in which the concurrence of the Senate was asked:
House File 2230, a bill for an act relating to the duties of the
department of inspections and appeals concerning liens on
improper provider payments from the department of human
services, the administration of certain health care statutes,
and the conducting of audits.
Also: That the Senate has on March 27, 1996, passed the
following bill in which the concurrence of the Senate was asked:
House File 2409, a bill for an act relating to the regulation of
activities of state banks and state bank affiliates, interstate
branching or banking, and personnel of the banking division,
state banks, and state bank affiliates, and the regulation of
financial transactions involving such entities and personnel.
Also: That the Senate has on March 4, 1996, passed the following
bill in which the concurrence of the House is asked:
Senate File 2216, a bill for an act providing that the
examination for commercial applicators of pesticides be given at
each community college.
Also: That the Senate has on March 27, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2280, a bill for an act relating to filing fees
charged by county recorders and eliminating a surcharge fee.
Also: That the Senate has on March 27, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2368, a bill for an act providing for the regulation
of investment securities under Article 8 of the Uniform
Commercial Code, and providing conforming changes, and an
effective date.
Also: That the Senate has on March 18, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2411, a bill for an act providing the state auditor
with the right to examine documents of state officers and
departments.
Also: That the Senate has on March 27, 1996, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 113, a concurrent resolution
declaring Miss Iowa an official hostess for the State of Iowa.
Also: That the Senate has on March 27, 1996, adopted the
following resolution in which the concurrence of the House is
asked:
Senate Concurrent Resolution 116, a Senate concurrent resolution
to urge the federal government to restore requirements for the
reporting of information regarding cattle fed in Iowa feedlots.
JOHN F. DWYER, Secretary
SENATE MESSAGES CONSIDERED
Senate File 2216, by committee on agriculture, a bill for an
act providing that the examination for commercial applicators of
pesticides be given at each community college.
Read first time and referred to committee on agriculture.
Senate File 2280, by committee on local government, a bill
for an act relating to filing fees charged by county recorders
and eliminating a surcharge fee.
Read first time and passed on file.
Senate File 2411, by committee on state government, a bill
for an act providing the state auditor with the right to examine
documents of state officers and departments.
Read first time and referred to committee on state government.
On motion by Siegrist of Pottawattamie, the House was recessed
at 2:30 p.m., until 3:30 p.m.
AFTERNOON SESSION
The House reconvened at 3:43 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 eighty-one members present,
nineteen absent.
MOTIONS TO RECONSIDER WITHDRAWN
(Senate File 2423)
Kreiman of Davis and Greiner of Washington asked and received
unanimous consent to withdraw the motion to reconsider Senate
File 2423, a bill for an act prohibiting a person from
soliciting another person to arrange a sex act with a child and
making a penalty applicable, filed by them on March 25, 1996.
IMMEDIATE MESSAGE
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2423 be immediately messaged to the Senate.
RULES SUSPENDED
Siegrist of Pottawattamie asked and received unanimous consent
to suspend the rules for immediate consideration of Senate File
2446.
CONSIDERATION OF BILLS
Appropriations Calendar
Senate File 2446, a bill for an act relating to agriculture and
natural resources, by providing for appropriations, providing
related statutory changes, and providing effective dates, with
report of committee recommending amendment and passage, was
taken up for consideration.
Hahn of Muscatine offered amendment H-5482 filed by the
committee on appropriations as follows:
H-5482
1 Amend Senate File 2446, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking everything after the enacting
4 clause and inserting the following:
5 "DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
6 Section 1. GENERAL APPROPRIATION. There is
7 appropriated from the general fund of the state to the
8 department of agriculture and land stewardship for the
9 fiscal year beginning July 1, 1996, and ending June
10 30, 1997, the following amounts, or so much thereof as
11 is necessary, to be used for the purposes designated:
12 1. ADMINISTRATIVE DIVISION
13 a. For salaries, support, maintenance, the support
14 of the state 4-H foundation, support of the statistics
15 bureau, and miscellaneous purposes, and for the
16 salaries and support of not more than the following
17 full-time equivalent positions:
18 $ 1,586,111
19 FTEs 41.45
20 (1) Of the funds appropriated in this paragraph
21 "a", $322,406 and 7.00 FTEs shall be used to support
22 horticulture. The president of the state horticulture
23 society or the president's designee and the department
24 shall consult and mutually agree on all expenditures
25 of moneys in this subparagraph and on the filling of
26 full-time equivalent positions, as allocated in this
27 subparagraph.
28 (2) Of the amount appropriated in this paragraph
29 "a", $50,000 shall be allocated to the state 4-H
30 foundation to foster the development of Iowa's youth
31 and to encourage them to study the subject of
32 agriculture.
33 (3) Of the amount appropriated and full-time
34 equivalent positions authorized in this paragraph "a",
35 $130,519 and 4.00 FTEs shall be allocated to the
36 statistics bureau to provide county-by-county
37 information on land in farms, production by crop,
38 acres by crop, and county prices by crop. This
39 information shall be made available to the department
40 of revenue and finance for use in the productivity
41 formula for valuing and equalizing the values of
42 agricultural land.
43 (4) Of the amount appropriated in this paragraph
44 "a", not more than $5,000 shall be allocated to the
45 Iowa limousin cattle junior association in connection
46 with the 1996 national junior limousin cattle show.
47 b. For the operations of the dairy trade practices
48 bureau:
49 $ 66,846
50 c. For the purpose of performing commercial feed
Page 2
1 audits:
2 $ 64,698
3 d. For the purpose of performing fertilizer
4 audits:
5 $ 64,697
6 2. REGULATORY DIVISION
7 a. For salaries, support, maintenance,
8 miscellaneous purposes, and for not more than the
9 following full-time equivalent positions:
10 $ 3,848,960
11 FTEs 122.50
12 b. For the costs of inspection, sampling,
13 analysis, and other expenses necessary for the
14 administration of chapters 192, 194, and 195:
15 $ 651,220
16 3. LABORATORY DIVISION
17 a. For salaries, support, maintenance, and
18 miscellaneous purposes, including the administration
19 of the gypsy moth program, and for not more than the
20 following full-time equivalent positions:
21 $ 875,475
22 FTEs 85.10
23 (1) Of the amount appropriated in this paragraph
24 "a", $110,000 shall be used to administer a program
25 relating to the detection, surveillance, and
26 eradication of the gypsy moth. The department shall
27 allocate and use the appropriation made in this
28 paragraph before moneys other than those appropriated
29 in this paragraph are used to support the program.
30 (2) Of the amount appropriated and the number of
31 full-time equivalent positions authorized in this
32 paragraph "a", $49,850 and 1.00 FTE shall be used to
33 support a regional entomologist for purposes of
34 conducting laboratory inspection activities.
35 (3) Of the amount appropriated in this paragraph
36 "a", $82,000 shall be used for the acquisition of
37 laboratory equipment, including, but not limited to, a
38 fat analyzer and a nitrogen protein combustion
39 analyzer.
40 (4) Of the number of full-time equivalent
41 positions authorized in this paragraph "a" and funded
42 in paragraph "c", 1.00 FTE shall be used to support an
43 organics program coordinator who shall assure
44 compliance of organic foods sold commercially within
45 the state with federal regulations relating to organic
46 foods.
47 b. For the operations of the commercial feed
48 programs:
49 $ 742,499
50 c. For the operations of the pesticide programs:
Page 3
1 $ 1,291,781
2 Of the amount appropriated in this paragraph "c",
3 $200,000 shall be allocated to Iowa state university
4 for purposes of training commercial pesticide
5 applicators.
6 d. For the operations of the fertilizer programs:
7 $ 633,832
8 4. SOIL CONSERVATION DIVISION
9 a. For salaries, support, maintenance, assistance
10 to soil conservation districts, miscellaneous
11 purposes, and for not more than the following full-
12 time equivalent positions:
13 $ 5,805,591
14 FTEs 171.28
15 Of the amount appropriated in this paragraph "a",
16 $330,000 shall be used to reimburse commissioners of
17 soil and water conservation districts for
18 administrative expenses. Moneys used for the payment
19 of meeting dues by counties shall be matched on a
20 dollar-for-dollar basis by the soil conservation
21 division.
22 b. To provide financial incentives for soil
23 conservation practices under chapter 161A:
24 $ 6,418,606
25 c. The following requirements apply to the moneys
26 appropriated in paragraph "b":
27 (1) Not more than 5 percent of the moneys
28 appropriated in paragraph "b" may be allocated for
29 cost sharing to abate complaints filed under section
30 161A.47.
31 (2) Of the moneys appropriated in paragraph "b", 5
32 percent shall be allocated for financial incentives to
33 establish practices to protect watersheds above
34 publicly owned lakes of the state from soil erosion
35 and sediment as provided in section 161A.73.
36 (3) Not more than 30 percent of a district's
37 allocation of moneys as financial incentives may be
38 provided for the purpose of establishing management
39 practices to control soil erosion on land that is row
40 cropped, including but not limited to no-till
41 planting, ridge-till planting, contouring, and contour
42 strip-cropping as provided in section 161A.73.
43 (4) The state soil conservation committee created
44 in section 161A.4 may allocate moneys to conduct
45 research and demonstration projects to promote
46 conservation tillage and nonpoint source pollution
47 control practices.
48 (5) The financial incentive payments may be used
49 in combination with department of natural resources
50 moneys.
Page 4
1 d. The provisions of section 8.33 shall not apply
2 to the moneys appropriated in paragraph "b".
3 Unencumbered or unobligated moneys remaining on June
4 30, 2000, from moneys appropriated in paragraph "b"
5 for the fiscal year beginning July 1, 1996, shall
6 revert to the general fund on August 31, 2000.
7 Sec. 2. AUTHORITY OF ADMINISTRATIVE UNITS.
8 Notwithstanding any other provision of law or
9 departmental policy or practice, for the fiscal year
10 beginning July 1, 1996, and ending June 30, 1997, the
11 following shall apply to the department of agriculture
12 and land stewardship:
13 1. Each division director of the department, and
14 not the secretary of agriculture or the secretary's
15 designee, shall be responsible for carrying out
16 functions of that division as required by law
17 including this Act. Each division director shall be
18 the sole authority within the department for
19 establishing and approving a budget and for
20 authorizing the expenditure of moneys for purposes
21 provided in this Act, including functions described in
22 section 1 of this Act for that director's division,
23 including but not limited to authorizing the payment
24 of salaries, support, and maintenance; the support of
25 full-time equivalent positions; and the filling of
26 full-time equivalent positions.
27 2. The divisions of the department shall not be
28 reorganized or restructured. The head of an
29 administrative unit of the department serving at the
30 secretary's pleasure, including each division
31 director, shall not be subject to action by the
32 department, including the secretary of agriculture or
33 the secretary's designee, that affects the employment
34 position or status of the unit's head, unless the
35 action increases the salary or benefits, or increases
36 the powers and duties, of the administrative unit's
37 head.
38 This section shall not affect accounting or payroll
39 requirements, policies, or practices. This section
40 shall not affect the powers and duties of the
41 department of management, the department of personnel,
42 or affect the provisions of any collective bargaining
43 agreement.
44 Sec. 3. FARMERS' MARKET COUPON PROGRAM. There is
45 appropriated from the general fund of the state to the
46 department of agriculture and land stewardship for the
47 fiscal year beginning July 1, 1996, and ending June
48 30, 1997, the following amount, or so much thereof as
49 is necessary, to be used for the purposes designated:
50 For salaries, support, maintenance, and
Page 5
1 miscellaneous purposes, to be used by the department
2 to continue and expand the farmers' market coupon
3 program by providing federal special supplemental food
4 program recipients with coupons redeemable at farmers'
5 markets, and for not more than the following full-time
6 equivalent positions:
7 $ 215,807
8 FTEs 1.00
9 Sec. 4. PSEUDORABIES ERADICATION PROGRAM.
10 1. There is appropriated from the general fund of
11 the state to the department of agriculture and land
12 stewardship for the fiscal year beginning July 1,
13 1996, and ending June 30, 1997, the following amount,
14 or so much thereof as is necessary, to be used for the
15 purpose designated:
16 For support of the pseudorabies eradication
17 program:
18 $ 900,300
19 2. Persons, including organizations interested in
20 swine production in this state and in the promotion of
21 Iowa pork products who contribute support to the
22 program, are encouraged to increase financial support
23 for purposes of ensuring the program's effective
24 continuation.
25 Sec. 5. HORSE AND DOG RACING. There is
26 appropriated from the moneys available under section
27 99D.13 to the regulatory division of the department of
28 agriculture and land stewardship for the fiscal year
29 beginning July 1, 1996, and ending June 30, 1997, the
30 following amount, or so much thereof as is necessary,
31 to be used for the purpose designated:
32 For salaries, support, maintenance, and
33 miscellaneous purposes for the administration of
34 section 99D.22:
35 $ 192,560
36 Sec. 6. As a condition of the appropriations made
37 to the department of agriculture and land stewardship
38 in sections 1, 3, 4, and 5 of this Act, the position
39 of deputy secretary of agriculture, established
40 pursuant to section 14A.1, shall be eliminated.
41 Sec. 7. INTERSTATE COMPACT ON AGRICULTURAL GRAIN
42 MARKETING. There is appropriated from the general
43 fund of the state to the interstate agricultural grain
44 marketing commission for the fiscal year beginning
45 July 1, 1996, and ending June 30, 1997, the following
46 amount, or so much thereof as is necessary, to be used
47 for the purpose designated:
48 For carrying out duties of the commission as
49 provided in Article IV of the interstate compact on
50 agricultural grain marketing as provided in chapter
Page 6
1 183:
2 $ 80,000
3 DEPARTMENT OF NATURAL RESOURCES
4 Sec. 8. GENERAL APPROPRIATION. There is
5 appropriated from the general fund of the state to the
6 department of natural resources for the fiscal year
7 beginning July 1, 1996, and ending June 30, 1997, the
8 following amounts, or so much thereof as is necessary,
9 to be used for the purposes designated:
10 1. ADMINISTRATIVE AND SUPPORT SERVICES
11 For salaries, support, maintenance, miscellaneous
12 purposes, and for not more than the following full-
13 time equivalent positions:
14 $ 2,052,389
15 FTEs 119.25
16 Of the amount appropriated and the number of full-
17 time equivalent positions authorized in this
18 subsection 1, at least $200,000 and 4.00 FTEs shall be
19 used by administration and support services to support
20 a compliance and permit assistance team to facilitate
21 cooperation between the department and persons
22 regulated by the department in order to ensure
23 efficient compliance with applicable legal
24 requirements.
25 2. PARKS AND PRESERVES DIVISION
26 For salaries, support, maintenance, miscellaneous
27 purposes, and for not more than the following full-
28 time equivalent positions:
29 $ 5,546,988
30 FTEs 195.73
31 3. FORESTS AND FORESTRY DIVISION
32 For salaries, support, maintenance, miscellaneous
33 purposes, and for not more than the following full-
34 time equivalent positions:
35 $ 1,494,908
36 FTEs 48.71
37 4. ENERGY AND GEOLOGICAL RESOURCES DIVISION
38 For salaries, support, maintenance, miscellaneous
39 purposes, and for not more than the following full-
40 time equivalent positions:
41 $ 1,681,228
42 FTEs 52.00
43 5. a. ENVIRONMENTAL PROTECTION DIVISION
44 (1) For salaries, support, maintenance,
45 miscellaneous purposes, and for not more than the
46 following full-time equivalent positions:
47 $ 2,026,509
48 FTEs 218.00
49 (2) Of the amount appropriated and the number of
50 full-time equivalent positions authorized in
Page 7
1 subparagraph (1) at least $480,600 and 9.00 FTEs shall
2 be used to support the regulation of animal feeding
3 operations.
4 (3) Of the number of full-time equivalent
5 positions authorized in subparagraph (1), 1.00 FTE
6 shall be used to support administration of the waste
7 tire management fund, if enacted in 1996 Iowa Acts,
8 House File 2433.
9 b. WATER QUALITY PROTECTION FUND
10 For allocation to the administrative account of the
11 water quality protection fund established pursuant to
12 section 455B.183A, to carry out the purpose of that
13 account:
14 $ 879,000
15 (1) Of the number of full-time equivalent
16 positions authorized in paragraph "a", 36.00 FTEs
17 shall be dedicated to carrying out the provisions of
18 chapter 455B relating to the administration,
19 regulation, and enforcement of the federal Safe
20 Drinking Water Act and to support the program to
21 assist water supply systems as provided in section
22 455B.183B. However, the limitation on full-time
23 equivalent positions provided in paragraph "a", shall
24 not limit the number of additional full-time
25 equivalent positions supported by moneys deposited in
26 the water quality protection fund as provided in
27 section 455B.183A, in order to carry out the
28 provisions of division III of chapter 455B relating to
29 the administration, regulation, and enforcement of the
30 federal Safe Drinking Water Act, and the
31 administration of the program to assist water supply
32 systems pursuant to section 455B.183B.
33 (2) In providing assistance to water supply
34 systems, the department shall provide priority to
35 water supply systems serving a population of seven
36 thousand or less. At least 2.00 FTEs shall be
37 allocated to provide assistance to systems serving a
38 population of seven thousand or less.
39 6. FISH AND WILDLIFE DIVISION
40 For not more than the following full-time
41 equivalent positions:
42 FTEs 342.18
43 7. WASTE MANAGEMENT ASSISTANCE DIVISION
44 For not more than the following full-time
45 equivalent positions:
46 FTEs 16.75
47 Sec. 9. STATE FISH AND GAME PROTECTION FUND _
48 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE.
49 1. There is appropriated from the state fish and
50 game protection fund to the division of fish and
Page 8
1 wildlife of the department of natural resources for
2 the fiscal year beginning July 1, 1996, and ending
3 June 30, 1997, the following amount, or so much
4 thereof as is necessary, to be used for the purposes
5 designated:
6 For administrative support, and for salaries,
7 support, maintenance, equipment, and miscellaneous
8 purposes:
9 $ 21,290,891
10 2. The department shall not expend more moneys
11 from the fish and game protection fund than provided
12 in this section, unless the expenditure derives from
13 contributions made by a private entity, or a grant or
14 moneys received from the federal government, and is
15 approved by the natural resource commission. The
16 department of natural resources shall promptly notify
17 the legislative fiscal bureau and the chairpersons and
18 ranking members of the joint appropriations
19 subcommittee on agriculture and natural resources
20 concerning the commission's approval.
21 Sec. 10. MARINE FUEL TAX RECEIPTS _ BOATING
22 FACILITIES AND ACCESS. There is appropriated from the
23 marine fuel tax receipts deposited in the general fund
24 of the state to the department of natural resources
25 for the fiscal year beginning July 1, 1996, and ending
26 June 30, 1997, the following amount, or so much
27 thereof as is necessary, to be used for the purpose
28 designated:
29 For purposes of maintaining and developing boating
30 facilities and access to public waters by the parks
31 and preserves division:
32 $ 411,311
33 Sec. 11. SNOWMOBILE FEES _ TRANSFER FOR
34 ENFORCEMENT PURPOSES. There is transferred on July 1,
35 1996, from the fees deposited under section 321G.7 to
36 the fish and game protection fund and appropriated to
37 the department of natural resources for the fiscal
38 year beginning July 1, 1996, and ending June 30, 1997,
39 the following amount, or so much thereof as is
40 necessary, to be used for the purpose designated:
41 For the purpose of enforcing snowmobile laws as
42 part of the state snowmobile program administered by
43 the department of natural resources:
44 $ 100,000
45 Sec. 12. VESSEL FEES _ TRANSFER FOR ENFORCEMENT
46 PURPOSES. There is transferred on July 1, 1996, from
47 the fees deposited under section 462A.52 to the fish
48 and game protection fund and appropriated to the
49 department of natural resources for the fiscal year
50 beginning July 1, 1996, and ending June 30, 1997, the
Page 9
1 following amount, or so much thereof as is necessary,
2 to be used for the purpose designated:
3 For the administration and enforcement of
4 navigation laws and water safety:
5 $ 1,250,000
6 Of the amount appropriated in this section, $50,000
7 may be used for purposes of controlling and
8 eradicating eurasian milfoil.
9 Notwithstanding section 8.33, moneys transferred
10 pursuant to this section which are unencumbered or
11 unobligated on June 30, 1997, shall be transferred on
12 July 1, 1997, to the special conservation fund
13 established by section 462A.52 to be used as provided
14 in that section, and shall not revert as provided in
15 section 8.33.
16 RESOURCES ENHANCEMENT AND PROTECTION
17 Sec. 13. GENERAL APPROPRIATION. Notwithstanding
18 the amount of the standing appropriation from the
19 general fund of the state under section 455A.18,
20 subsection 3, there is appropriated from the general
21 fund of the state to the Iowa resources enhancement
22 and protection fund, in lieu of the appropriation made
23 in section 455A.18, for the fiscal year beginning July
24 1, 1996, and ending June 30, 1997, the sum of
25 $8,000,000, of which all moneys shall be allocated as
26 provided in section 455A.19.
27 RELATED APPROPRIATIONS
28 Sec. 14. APPROPRIATION FROM ORGANIC NUTRIENT
29 MANAGEMENT FUND. There is appropriated from the
30 organic nutrient management fund to the following
31 entities in the fiscal year beginning July 1, 1996,
32 and ending June 30, 1997, the following amounts, or so
33 much thereof as is necessary, to be used for the
34 purpose designated:
35 To Iowa state university for supporting odor
36 control applications of animal feeding operations,
37 including confinement feeding operations, regulated by
38 the department of natural resources pursuant to
39 chapter 455B:
40 $ 500,000
41 1. Moneys provided under this section for odor
42 control applications of animal feeding operations
43 shall be provided on a dollar-for-dollar match with an
44 individual owner or operator and shall not exceed the
45 amount actually spent by or on behalf of the owner or
46 operator for odor control.
47 2. Notwithstanding section 8.33, moneys provided
48 under this subsection for odor control applications of
49 animal feeding operations shall not revert to the
50 organic nutrient management fund but shall remain
Page 10
1 available for use as provided in this subsection
2 during the fiscal year beginning July 1, 1997, and
3 ending June 30, 1998. The moneys appropriated in this
4 section which remain unexpended or unobligated on June
5 30, 1998, shall revert to the organic nutrient
6 management fund on August 31, 1998.
7 Sec. 15. MULTIFLORA ROSE ERADICATION.
8 1. There is appropriated from the general fund of
9 the state to Iowa state university for the fiscal year
10 beginning July 1, 1996, and ending June 30, 1997, the
11 following amount, or so much thereof as is necessary,
12 to be used for the purpose designated:
13 For supporting multiflora rose eradication research
14 and projects:
15 $ 25,000
16 2. Notwithstanding 1995 Iowa Acts, chapter 216,
17 section 19, subsection 2, moneys allocated pursuant to
18 1995 Iowa Acts, chapter 216, section 19, subsection 1,
19 paragraph "d", which remain unencumbered or
20 unobligated on June 30, 1996, shall not revert
21 pursuant to section 8.33, but shall remain available
22 to Iowa state university for purposes of supporting
23 multiflora rose eradication research and projects, for
24 subsequent fiscal years.
25 Sec. 16. NONREVERSION OF MONEYS ALLOCATED TO IOWA
26 GRAIN QUALITY INITIATIVE. Notwithstanding 1995 Iowa
27 Acts, chapter 216, section 19, subsection 2, moneys
28 allocated pursuant to 1995 Iowa Acts, chapter 216,
29 section 19, subsection 1, paragraph "f", subparagraph
30 (1), which remain unencumbered or unobligated on June
31 30, 1996, shall not revert pursuant to section 8.33,
32 but shall remain available to Iowa state university
33 for purposes of supporting the Iowa cooperative
34 extension service in agriculture and home economics in
35 establishing and administering an Iowa grain quality
36 initiative in subsequent fiscal years.
37 Sec. 17. TRANSFERS OF MONEYS REQUIRED TO BE
38 DEPOSITED IN THE WATER PROTECTION FUND.
39 Notwithstanding section 161C.4 and the reversion and
40 allocation provisions in section 455A.19, subsection
41 1, paragraph "c", of the unencumbered and unobligated
42 moneys remaining, which are required to be deposited
43 in the water protection fund created in section
44 161C.4, as provided in section 455A.19, subsection 1,
45 paragraph "c", the following amount shall be
46 transferred first from moneys required to be deposited
47 in the water protection practices account, and if
48 necessary from moneys required to be deposited in the
49 water quality protection projects account, which shall
50 be used for the following purposes:
Page 11
1 To the Loess Hills development and conservation
2 authority, for deposit in the Loess Hills development
3 and conservation fund created in section 161D.2 for
4 the purposes specified in section 161D.1:
5 $ 400,000
6 Sec. 18. REVENUE ADMINISTERED BY THE IOWA
7 COMPREHENSIVE UNDERGROUND STORAGE TANK FUND BOARD _
8 TRANSFER. There is appropriated from the unassigned
9 revenue fund administered by the Iowa comprehensive
10 underground storage tank fund board, to the department
11 of natural resources for the fiscal year beginning
12 July 1, 1996, and ending June 30, 1997, the following
13 amount, or so much thereof as is necessary, to be used
14 for the purpose designated:
15 For administration expenses of the underground
16 storage tank section of the department of natural
17 resources:
18 $ 75,000
19 Sec. 19. TRANSFER _ AIR QUALITY. For the fiscal
20 year beginning July 1, 1996, and ending June 30, 1997,
21 the department of natural resources shall transfer up
22 to $430,000 from the hazardous substance remedial fund
23 created pursuant to section 455B.423, to support
24 purposes related to carrying out the duties of the
25 commission under section 455B.133, or the director
26 under section 455B.134, or for carrying out the
27 provisions of chapter 455B, division II.
28 MISCELLANEOUS
29 Sec. 20. DOLLIVER MEMORIAL STATE PARK _ BRIDGE
30 CONSTRUCTION PROHIBITED _ ROAD EXPENSES SHARED.
31 1. The department shall not construct a bridge at
32 or near the historic ford of a stream across a
33 secondary road in Dolliver memorial state park. The
34 department may make repairs or improvements at the
35 historic ford to provide for flood control.
36 2. The department, pursuant to section 306.4,
37 shall enter into an agreement to match the
38 expenditures, not to exceed fifty percent of the cost
39 of each project, with the board of supervisors for the
40 reconstruction, repair, and maintenance of the
41 secondary road entering and exiting Dolliver memorial
42 state park.
43 Sec. 21. WITHDRAWAL FROM THE AGRICULTURAL GRAIN
44 MARKETING COMPACT _ REPEAL. Pursuant to article VI
45 of the agricultural grain marketing compact, the state
46 of Iowa withdraws from the compact by enacting this
47 section repealing the compact. Notwithstanding this
48 section, the state retains its membership in the
49 compact and shall continue to function under the
50 compact as if it were in effect, until one year
Page 12
1 following the effective date of this section and
2 notification of withdrawal by the governor of this
3 state to the interstate agricultural grain marketing
4 commission.
5 Sec. 22. STATE NURSERIES. Notwithstanding section
6 17A.2, subsection 10, paragraph "g", the department of
7 natural resources shall adopt administrative rules
8 establishing a range of prices of plant material grown
9 at the state forest nurseries to cover all expenses
10 related to the growing of the plants.
11 1. The department shall develop programs to
12 encourage the wise management and preservation of
13 existing woodlands and shall continue its efforts to
14 encourage forestation and reforestation on private and
15 public lands in the state.
16 2. The department shall encourage a cooperative
17 relationship between the state forest nurseries and
18 private nurseries in the state in order to achieve
19 these goals.
20 Sec. 23. TRANSFER OF MONEYS OR POSITIONS; CHANGES
21 IN TABLES OF ORGANIZATION _ NOTIFICATION. In
22 addition to the requirements of section 8.39, in each
23 fiscal quarter, the department of agriculture and land
24 stewardship and the department of natural resources
25 shall notify the chairpersons, vice chairpersons, and
26 ranking members of the joint appropriations
27 subcommittee on agriculture and natural resources for
28 the previous fiscal quarter of any transfer of moneys
29 or full-time equivalent positions made by either
30 department which is not authorized in this Act, or any
31 permanent position added to or deleted from either
32 department's table of organization.
33 Sec. 24. AIR QUALITY PROGRAM _ NONGENERAL FUND
34 SUPPORT. The department of natural resources for the
35 fiscal year beginning July 1, 1996, and ending June
36 30, 1997, shall not use moneys appropriated from the
37 general fund of the state pursuant to this Act, to
38 support any purpose related to carrying out the duties
39 of the commission under section 455B.133 or the
40 director under section 455B.134, or for carrying out
41 the provisions of chapter 455B, division II.
42 Notwithstanding section 455B.133B, the department
43 may use moneys deposited in the air contaminant source
44 fund created in section 455B.133B during the fiscal
45 year beginning July 1, 1996, and ending June 30, 1997,
46 for any purpose related to carrying out the duties of
47 the commission under section 455B.133 or the director
48 under section 455B.134, or for carrying out the
49 provisions of chapter 455B, division II.
50 Sec. 25. STUDY OF LOCATING FIELD OFFICE IN NORTH
Page 13
1 CENTRAL DISTRICT. The department of natural resources
2 shall conduct a study of the feasibility of locating a
3 field office in the department's north central
4 district. On or before January 1, 1997, the
5 department of natural resources shall submit a report
6 including findings and recommendations resulting from
7 the study to the committees of the general assembly
8 which have jurisdiction over natural resources.
9 Sec. 26. NATIVE AMERICAN WAR MEMORIAL. The
10 department of natural resources may purchase, with
11 funds which become available under chapter 465A for
12 the fiscal year beginning July 1, 1996, and ending
13 June 30, 1997, lands on which to locate a native
14 American war memorial.
15 Sec. 27. DEPARTMENTAL INFORMATION REQUIRED.
16 1. The department of agriculture and land
17 stewardship and the department of natural resources,
18 in cooperation as necessary with the department of
19 management and the department of personnel, shall
20 provide a list to the legislative fiscal bureau, on a
21 quarterly basis, of all permanent positions added to
22 or deleted from the departments' table of organization
23 in the previous fiscal quarter. This list shall
24 include at least the position number, salary range,
25 projected funding source or sources of each position,
26 and the reason for the addition or deletion. The
27 legislative fiscal bureau may use this information to
28 assist in the establishment of the full-time
29 equivalent position limits authorized in law for the
30 departments.
31 2. The department of natural resources shall
32 provide the legislative fiscal bureau information and
33 financial data by cost center, on at least a monthly
34 basis, relating to the indirect cost accounting
35 procedure, the amount of funding from each funding
36 source for each cost center, and the internal budget
37 system used by the department. The information shall
38 include but is not limited to financial data covering
39 the department's budget by cost center and funding
40 source prior to the start of the fiscal year, and to
41 the department's actual expenditures by cost center
42 and funding source after the accounting system has
43 been closed for that fiscal year.
44 3. The department of agriculture and land
45 stewardship shall provide the legislative fiscal
46 bureau information and financial data on at least a
47 monthly basis, relating to the internal budget system
48 used by the department. The information shall include
49 but is not limited to financial data covering the
50 department's budget prior to the start of the fiscal
Page 14
1 year, and to the department's actual expenditures
2 after the accounting system has been closed for that
3 fiscal year.
4 Sec. 28. TRUST FUND INFORMATION. The department
5 of revenue and finance in cooperation with each
6 appropriate agency shall track receipts to the general
7 fund of the state which under law were previously
8 collected to be used for specific purposes, or to be
9 credited to, or be deposited to a particular account
10 or fund, as provided in section 8.60.
11 The department of revenue and finance and each
12 appropriate agency shall prepare reports detailing
13 revenue from receipts previously deposited into each
14 of the funds. A report shall be submitted to the
15 legislative fiscal bureau at least once for each
16 three-month period as designated by the legislative
17 fiscal bureau.
18 Sec. 29. SOIL AND WATER CONSERVATION. The
19 division of soil conservation of the department of
20 agriculture and land stewardship shall establish a
21 voluntary financial incentive program under section
22 161A.73 which provides for the allocation of cost-
23 share moneys as financial incentives for the same
24 purposes that are supported from the soil and water
25 enhancement account of the resources enhancement and
26 protection fund as provided in section 455A.19, or by
27 the water protection practices account of the water
28 protection fund established pursuant to section
29 161C.4. The financial incentives shall not exceed
30 fifty percent of the estimated cost of establishing
31 the practices, or fifty percent of the actual cost,
32 whichever is less.
33 Sec. 30. PREFERENCE PROVIDED _ PERSONS MEETING
34 ELIGIBILITY REQUIREMENTS OF THE GREEN THUMB PROGRAM.
35 In its employment of persons in temporary positions in
36 conservation and outdoor recreation, the department of
37 natural resources shall give preference to persons
38 meeting eligibility requirements for the green thumb
39 program under section 15.227 and to persons working
40 toward an advanced education in natural resources and
41 conservation.
42 Sec. 31. Section 14A.1, Code 1995, is amended to
43 read as follows:
44 14A.1 DEPUTIES.
45 The secretary, auditor, and treasurer of state,
and
46 secretary of agriculture may each appoint, in writing,
47 any person, except one holding a state office, as
48 deputy, for whose acts the appointing officer shall be
49 responsible, and from whom the appointing officer
50 shall require bond, which appointment and bond must be
Page 15
1 approved by the officer having the approval of the
2 principal's bond, and such appointment may be revoked
3 in the same manner. The appointment and revocation
4 shall be filed with and kept by the secretary of
5 state. The state shall pay the reasonable cost of the
6 bonds required by this section.
7 Sec. 32. Section 159.14, Code 1995, is amended to
8 read as follows:
9 159.14 BONDS.
10 The secretary shall require every inspector or
11 employee who collects fees or handles funds belonging
12 to the state to give an official bond, properly
13 conditioned and signed by sufficient sureties, in a
14 sum to be fixed by the secretary, which bond shall be
15 approved by the secretary and filed in the office of
16 the secretary of state. This section shall not apply
17 to the deputy secretary of agriculture. The state
18 shall pay the reasonable cost of the bonds required by
19 this section.
20 Sec. 33. REPEAL. Chapter 183, Code 1995, is
21 repealed.
22 Sec. 34. EFFECTIVE DATES. Section 15, subsection
23 2, and sections 16, 21, and 33 of this Act, being
24 deemed of immediate importance, take effect upon
25 enactment."
26 2. Title page, by striking lines 2 and 3 and
27 inserting the following: "providing for
28 appropriations, and providing effective dates."
Schrader of Marion offered amendment H-5513, to the committee
amendment H-5482, filed by him and Koenigs as follows:
H-5513
1 Amend the amendment, H-5482, to Senate File 2446,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, line 18, by striking the figure
5 "1,586,111" and inserting the following: "1,788,434".
6 2. Page 1, line 19, by striking the figure
7 "41.45" and inserting the following: "45.45".
Carroll of Poweshiek in the chair at 4:10 p.m.
Schrader of Marion moved the adoption of amendment H-5513, to
the committee amendment H-5482.
Roll call was requested by Schrader of Marion and Murphy of
Dubuque.
Rule 75 was invoked.
On the question "Shall amendment H-5513, to the committee
amendment H-5482, be adopted?" (S.F. 2446)
The ayes were, 37:
Baker Bell Bernau Brand
Branstad Burnett Cataldo Cohoon
Connors Doderer Drees Fallon
Garman Harper Holveck Jochum
Koenigs Kreiman Larkin Mascher
May McCoy Mertz Moreland
Mundie Murphy Myers Nelson, L.
O'Brien Ollie Osterhaus Schrader
Shoultz Taylor Warnstadt Weigel
Witt
The nays were, 58:
Arnold Blodgett Boggess Bradley
Brauns Churchill Coon Corbett,
Spkr. Cormack Daggett Dinkla Disney
Drake Eddie Ertl Gipp
Greig Greiner Gries Grubbs
Hahn Halvorson Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer Millage
Nelson, B. Nutt Rants Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van
Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Carroll,
Presiding
Absent or not voting, 5:
Boddicker Brammer Brunkhorst Grundberg
Wise
Amendment H-5513 lost.
Koenigs of Mitchell asked and received unanimous consent that
amendment H-5572, to the committee amendment H-5482, be deferred.
Koenigs of Mitchell asked and received unanimous consent that
amendment H-5628, to the committee amendment H-5482, be deferred.
Garman of Story offered amendment H-5536, to the committee
amendment H-5482, filed by her. Division was requested as
follows:
H-5536
1 Amend the amendment, H-5482, to Senate File 2446,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
H_5536A
4 1. Page 1, line 19, by striking the figure
5 "41.45" and inserting the following: "42.45".
H_5536B
6 2. Page 4, by striking lines 7 through 43.
H_5536A
7 3. Page 5, by striking lines 36 through 40.
8 4. By striking page 14, line 42, through page 15,
9 line 19.
10 5. By renumbering as necessary.
The House stood at ease at 4:32 p.m., until the fall of the
gavel.
The House resumed session at 5:40 p.m., Speaker Corbett in the
chair.
Garman of Story moved the adoption of amendment H-5536A, to the
committee amendment H-5482.
Roll call was requested by Connors of Polk and Schrader of
Marion.
On the question "Shall amendment H-5536A, to the committee
amendment H-5482, be adopted?" (S.F. 2446)
The ayes were, 38:
Baker Bell Brand Burnett
Carroll Cataldo Cohoon Connors
Doderer Drees Fallon Garman
Harper Harrison Holveck Jochum
Koenigs Kreiman Larkin Mascher
May McCoy Mertz Moreland
Mundie Murphy Myers Nelson, L.
O'Brien Ollie Osterhaus Schrader
Shoultz Taylor Warnstadt Weigel
Wise Witt
The nays were, 56:
Arnold Boggess Branstad Brauns
Brunkhorst Churchill Coon Cormack
Daggett Disney Drake Eddie
Ertl Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson Heaton
Houser Hurley Huseman Jacobs
Klemme Kremer Lamberti Larson
Lord Main Martin Metcalf
Meyer Millage Nelson, B. Nutt
Rants Renken Salton Schulte
Siegrist Sukup Teig Thomson
Tyrrell Van Fossen Van Maanen Vande Hoef
Veenstra Weidman Welter Mr. Speaker
Corbett
Absent or not voting, 6:
Bernau Blodgett Boddicker Bradley
Brammer Dinkla
Amendment H-5536A lost.
Mertz of Kossuth offered the following amendment H-5614, to the
committee amendment H-5482, filed by Mertz, et. al., and moved
its adoption:
H-5614
1 Amend the amendment, H-5482, to Senate File 2446,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 2, line 21, by striking the figure
5 "875,475" and inserting the following: "959,475".
6 2. Page 2, by inserting after line 46 the
7 following:
8 "( ) Of the amount appropriated in this
9 paragraph "a", $25,000 shall be used for inspections
10 of bottled water sold commercially within the state."
11 3. By renumbering as necessary.
Roll call was requested by Doderer of Johnson and Mascher of
Johnson.
On the question "Shall amendment H-5614, to the committee
amendment H-5482, be adopted?" (S.F. 2446)
The ayes were, 35:
Arnold Baker Bell Brand Burnett
Cataldo Cohoon Connors Doderer
Drees Fallon Harper Holveck
Jochum Koenigs Kreiman Larkin
Mascher May McCoy Mertz
Moreland Mundie Murphy Myers
Nelson, L. O'Brien Ollie Osterhaus
Schrader Taylor Warnstadt Weigel
Wise Witt
The nays were, 58:
Boggess Branstad Brauns Carroll
Churchill Coon Cormack Daggett
Dinkla Disney Drake Eddie
Ertl Garman Gipp Greig
Greiner Gries Grubbs Grundberg
Hahn Halvorson Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer
Millage Nelson, B. Nutt Rants
Renken Salton Schulte Siegrist
Sukup Teig Thomson Tyrrell
Van Fossen Van Maanen Vande Hoef Veenstra
Weidman Welter Mr. Speaker Corbett
Absent or not voting, 7:
Bernau Blodgett Boddicker Bradley
Brammer Brunkhorst Shoultz
Amendment H-5614 lost.
Hahn of Muscatine offered the following amendment H-5640, to the
committee amendment H-5482, filed by him and requested division
as follows:
H-5640
1 Amend the amendment, H-5482, to Senate File 2446,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
H_5640A
4 1. Page 2, line 34, by striking the word
5 "laboratory" and inserting the following: "field".
6 2. Page 2, line 36, by striking the word "shall"
7 and inserting the following: "may".
H_5640B
8 3. Page 13, line 10, by striking the word "may"
9 and inserting the following: "shall".
Hahn of Muscatine moved the adoption of amendment H-5640A, to
the committee amendment H-5482.
Amendment H-5640A was adopted.
Mertz of Kossuth offered the following amendment H-5615, to the
committee amendment H-5482, filed by Mertz, et. al., and moved
its adoption:
H-5615
1 Amend the amendment, H-5482, to Senate File 2446,
2 as amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 3, line 24, by striking the figure
5 "6,418,606" and inserting the following: "6,750,850".
Roll call was requested by Schrader of Marion and Murphy of
Dubuque.
On the question "Shall amendment H-5615, to the committee
amendment H-5482, be adopted?" (S.F. 2446)
The ayes were, 34:
Baker Bell Bernau Brand
Burnett Cataldo Cohoon Connors
Doderer Drees Fallon Harper
Holveck Jochum Koenigs Kreiman
Larkin Mascher May Mertz
Moreland Mundie Murphy Myers
Nelson, L. Ollie Osterhaus Schrader
Shoultz Taylor Warnstadt Weigel
Wise Witt
The nays were, 61:
Arnold Blodgett Boggess Bradley
Branstad Brauns Brunkhorst Carroll
Coon Cormack Daggett Dinkla
Disney Drake Eddie Ertl
Garman Gipp Greig Greiner
Gries Grubbs Grundberg Hahn
Halvorson Hammitt Barry Hanson
Harrison Heaton Houser Hurley
Huseman Jacobs Klemme Kremer
Lamberti Larson Lord Main
Martin Metcalf Meyer Millage
Nelson, B. Nutt Rants Renken
Salton Schulte Siegrist Sukup Teig
Thomson Tyrrell Van Fossen Van
Maanen Vande Hoef Veenstra Weidman
Welter Mr. Speaker Corbett
Absent or not voting, 5:
Boddicker Brammer Churchill McCoy
O'Brien
Amendment H-5615 lost.
Garman of Story called up for consideration amendment H-5536B,
to the committee amendment H-5482, found on page 1073 of the
House Journal.
Rants of Woodbury in the chair at 7:04 p.m.
Garman of Story moved the adoption of amendment H-5536B, to the
committee amendment H-5482.
Roll call was requested by Schrader of Marion and Murphy of
Dubuque
Rule 75 was invoked.
On the question "Shall amendment H-5536B, to the committee
amendment H-5482, be adopted?" (S.F.2446)
The ayes were, 60:
Arnold Baker Bell Bernau Boggess
Bradley Brand Branstad Burnett
Carroll Cataldo Cohoon Connors
Dinkla Doderer Drees Ertl
Fallon Garman Gipp Gries
Grundberg Harper Harrison Heaton
Holveck Hurley Huseman Jacobs
Jochum Klemme Koenigs Kreiman
Lamberti Larkin Lord Main
Martin Mascher May McCoy
Mertz Metcalf Moreland Mundie
Murphy Myers Nelson, B. Nelson, L.
Nutt Ollie Osterhaus Schrader
Shoultz Taylor Warnstadt Weidman
Weigel Wise Witt
The nays were, 36:
Brauns Brunkhorst Churchill Coon
Corbett, Spkr. Cormack Daggett Disney
Drake Eddie Greig Greiner
Grubbs Hahn Halvorson Hammitt
Barry Hanson Houser Kremer Larson
Meyer Millage Renken
Salton Schulte Siegrist Sukup
Teig Thomson Tyrrell Van Fossen
Van Maanen Vande Hoef Veenstra Welter
Rants, Presiding
Absent or not voting, 4:
Blodgett Boddicker Brammer O'Brien
Amendment H-5536B was adopted.
Siegrist of Pottawattamie asked and received unanimous consent
that Senate File 2446 be deferred and that the bill be placed on
the unfinished business calendar.
(The committee amendment H-5482 pending.)
SENATE FILE 2160 REFERRED
The Speaker announced that Senate File 2160, presently on the
calendar, was referred to committee on appropriations.
MESSAGES FROM THE SENATE
The following messages were received from the Senate:
Mr. Speaker: I am directed to inform your honorable body that
the Senate has on March 27, 1996, passed the following bill in
which the concurrence of the Senate was asked:
House File 308, a bill for an act relating to the election of
workers' compensation coverage by a limited liability company
member.
Also: That the Senate has on March 27, 1996, amended and passed
the following bill in which the concurrence of the House is
asked:
House File 2390, a bill for an act providing for the branding of
livestock.
Also: That the Senate has on March 27, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2077, a bill for an act relating to a property tax
exemption for a person who is totally disabled while on active
duty with the armed forces of the United States and providing an
effective date.
Also: That the Senate has on March 27, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2221, a bill for an act relating to alternate energy
production and purchasing requirements, and providing an
applicability provision and an effective date.
Also: That the Senate has on March 27, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2357, a bill for an act relating to school finance
providing for an increase in the amount certified for levy in
excess of that previously authorized for bonded indebtedness
repayment.
Also: That the Senate has on March 27, 1996, refused to concur
in the House amendment to the following bill in which the
concurrence of the Senate was asked:
Senate File 2443, a bill for an act appropriating funds to the
department of economic development, the Iowa finance authority,
certain board of regents institutions, the public employment
relations board, and the department of employment services, and
making related statutory changes.
Also: That the Senate has on March 27, 1996, passed the
following bill in which the concurrence of the House is asked:
Senate File 2452, a bill for an act relating to the
modernization of the vital statistics process and establishing a
fee.
JOHN F. DWYER, Secretary
EXPLANATION OF VOTE
I was temporarily absent from the House chamber the morning of
March 27, 1996. Had I been present, I would have voted "aye" on
Senate Files 2013, 2062, 2122, 2127, 2235, 2282 and "aye" on
amendments H-5652 and H-5662, to Senate File 2449, and "nay" on
amendments H-5653 and H-5670 to Senate File 2449.
ARNOLD of Lucas
PRESENTATION OF VISITORS
Holveck of Polk presented to the House the Honorable Janet
Adams, former member of the House representing Hamilton County.
The Speaker announced that the following visitors were present
in the House chamber:
Twelve Government students from Monticello High School,
Monticello, accompanied by Frank Frostestad. By Welter of Jones.
Thirty-eight junior students from Underwood Community High
School, Underwood, accompanied by Nick Benling, Kathy Knott, Don
Knudtson, Shelley Olberding and Craig Riemersma. By Drake of
Pottawattamie.
Fourty-four fourth and fifth grade students from Gunn
Elementary, Council Bluffs, accompanied by Mrs. Heithoff and Dr.
Ann Fox. By Nelson of Pottawattamie.
High School students from Highland Community Schools, Riverside,
accompanied by Mrs. Brennaman. By Greiner of Washington, Heaton
of Henry and Brauns of Muscatine.
COMMUNICATION RECEIVED
The following communication was received and filed in the office
of the Chief Clerk:
IOWA COLLEGE STUDENT AID COMMISSION
The 1993-1994 Information Digest of Postsecondary Education in
Iowa, pursuant to Chapter 261, Code of Iowa.
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
1996\364 Commander R.L. "Reinie" Dobson, Keokuk - For being
selected to attend the F.B.I. National Academy.
1996\365 Mark Rial, Ft. Dodge - For winning the Class 3A
championship in the 125 lb. weight class of the 1996 State
Wrestling Tournament.
1996\366 David J. Sohl, Hinton - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.
1996\367 Chad A. Greene, Hinton - For attaining the rank of
Eagle Scout, the highest rank in the Boy Scouts of America.
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 ADMINISTRATION AND RULES
Committee Resolution, a resolution relating to an annual budget
for the daily operations of the House of Representatives.
Fiscal Note is not required.
Recommended Amend and Do Pass March 26, 1996.
Committee Resolution, a concurrent resolution to approve and
confirm the appointment of the citizens' aide.
Fiscal Note is not required.
Recommended Do Pass March 26, 1996.
COMMITTEE ON APPROPRIATIONS
Senate File 2195, a bill for an act relating to the Iowa
communications network by providing for state ownership of a
Part III connection and for the connection and support of
certain Part III users, making appropriations, and providing
effective dates.
Fiscal Note is not required.
Recommended Amend and Do Pass with amendment H_5683 March 27,
1996.
Committee Bill (Formerly House Study Bill 750), appropriating
federal funds made available from federal block grants and other
federal grants, allocating portions of federal block grants, and
providing procedures if federal funds are more or less than
anticipated or if federal block grants are more or less than
anticipated or if categorical grants are consolidated into new
or existing block grants, and providing an effective date.
Fiscal Note is not required.
Recommended Amend and Do Pass March 27, 1996.
COMMITTEE ON ENVIRONMENTAL PROTECTION
Senate File 2301, a bill for an act relating to lead abatement
and inspection, training and certification requirements, and
providing penalties.
Fiscal Note is not required.
Recommended Do Pass March 20, 1996.
RESOLUTIONS FILED
HCR 122, by Schrader, a concurrent resolution to designate March
29, 1996, Iowa State Flag Day.
Laid over under Rule 25.
HCR 123, by committee on administration and rules, a concurrent
resolution to approve and confirm the appointment of the
citizens' aide.
Laid over under Rule 25.
HR 105, by Burnett and Bernau, a resolution congratulating the
Iowa State Cyclones Men's Basketball Team.
Laid over under Rule 25.
HR 106, by committee on administration and rules, a resolution
relating to an annual budget for the daily operations of the
House of Representatives.
Laid over under Rule 25.
SCR 113, by Drake, a concurrent resolution declaring Miss Iowa
an official hostess for the State of Iowa.
Laid over under Rule 25.
SCR 116, by Kibbie, a concurrent resolution to urge the federal
government to restore requirements for the reporting of
information regarding cattle fed in Iowa feedlots.
Referred to committee on agriculture.
AMENDMENTS FILED
H_5656 S.F. 2446 Garman of Story
H_5657 S.F. 2446 Hahn of Muscatine Mertz of Kossuth
H_5658 S.F. 2446 Weigel of Chickasaw
H_5659 S.F. 2446 Weigel of Chickasaw
H_5660 S.F. 2446 Koenigs of Mitchell
H_5661 S.F. 2446 Brand of Benton
H_5663 S.F. 2446 Sukup of Franklin
H_5664 H.F. 2304 Brauns of Muscatine
H_5665 S.F. 2399 Kreiman of Davis
H_5666 S.F. 2406 Kreiman of Davis
H_5667 S.F. 2448 Blodgett of Cerro Gordo
H_5669 S.F. 2446 Hahn of Muscatine
H_5671 H.F. 2298 Jacobs of Polk
H_5672 H.F. 2298 Jacobs of Polk
H_5673 H.F. 2416 Garman of Story
H_5674 S.F. 2186 Harper of Black Hawk
H_5675 S.F. 2324 Boddicker of Cedar
H_5676 S.F. 2399 Cataldo of Polk Boddicker of
Cedar Houser of Pottawattamie
Moreland of Wapello
H_5677 H.F. 514 Senate Amendment
H_5678 S.F. 2301 Rants of Woodbury
H_5679 S.F. 2448 Weigel of Chickasaw
H_5680 S.F. 2448 Weigel of Chickasaw
H_5681 S.F. 2448 Murphy of Dubuque
H_5682 S.F. 2446 Hahn of Muscatine
H_5683 S.F. 2195 Committee on
Appropriations
H_5684 H.F. 2390 Senate Amendment
H_5685 H.F. 2298 Metcalf of Polk
H_5686 H.F. 2298 Metcalf of Polk
H_5687 H.F. 2298 Metcalf of Polk
H_5688 H.F. 2298 Metcalf of Polk
H_5689 H.F. 2298 Metcalf of Polk
H_5690 H.F. 2298 Metcalf of Polk
H_5691 H.F. 2298 Metcalf of Polk
H_5692 H.F. 2298 Metcalf of Polk
H_5693 H.F. 2298 Metcalf of Polk
H_5694 H.F. 2298 Metcalf of Polk
H_5695 H.F. 2298 Metcalf of Polk
H_5696 H.F. 2298 Metcalf of Polk
H_5697 H.F. 2298 Metcalf of Polk
H_5698 H.F. 2481 Shoultz of Black Hawk
H_5699 H.F. 2481 Shoultz of Black Hawk
H_5700 S.F. 454 Witt of Black Hawk
Carroll of Poweshiek
H_5701 S.F. 2448 Mascher of Johnson
Mundie of Webster
H_5702 S.F. 2448 Mascher of Johnson
H_5703 S.F. 2448 Harrison of Scott
Brunkhorst of Bremer
H_5704 S.F. 2448 Weigel of Chickasaw
Murphy of Dubuque Kreiman of Davis
Mascher of Johnson Brand of Benton
Burnett of Story Bernau of Story
Witt of Black Hawk Mundie of Webster
H_5705 S.F. 2147 Brunkhorst of Bremer
Harrison of Scott
H_5706 S.F. 2375 Moreland of Wapello
H_5707 S.F. 2375 Kreiman of Davis
H_5708 S.F. 2448 Shoultz of Black Hawk
H_5709 S.F. 2448 Brand of Benton
H_5710 S.F. 2448 Brand of Benton
On motion by Siegrist of Pottawattamie, the House adjourned at
7:30 p.m., until 8:45 a.m., Thursday, March 28, 1996.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 2)
© 1996 Cornell College and League of Women Voters of Iowa
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