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One Hundred Seventh Calendar Day - Sixty-eighth Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, April 29, 1997 The House met pursuant to adjournment at 9:15 a.m., Speaker Corbett in the chair. Prayer was offered by Reverend Gil Dawes, Hispanic United Methodist Church, Des Moines. The Journal of Monday, April 28, 1997 was approved. MESSAGE FROM THE SENATE The following message was received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 29, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 731, a bill for an act relating to public budgeting, regulatory, and organizational matters, making fund transfers and appropriations, and providing technical provisions, and providing effective dates. MARY PAT GUNDERSON, Secretary SENATE AMENDMENT CONSIDERED Dinkla of Guthrie called up for consideration House File 642, a bill for an act relating to limited partnerships and the rights and duties of limited partners, partnership agreements, duties of the secretary of state with respect to limited partnerships, and other related matters affecting foreign and domestic limited partnerships, and establishing fees and penalties, amended by the Senate, and moved that the House concur in the following Senate amendment H-1962: H-1962 1 Amend House File 642, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 30, by inserting after line 5 the 4 following: 5 "Sec. ___. Section 490.1109, subsection 3, 6 paragraph e, as enacted in 1997 Iowa Acts, House File 7 628, if enacted, is amended to read as follows: 8 e. "Interested shareholder" means any person, 9 other than the corporation and any direct or indirect 10 majority-owned subsidiary of the corporation, that is 11 the owner offifteenten percent or more of the 12 outstanding voting stock of the corporation, or is an 13 affiliate or associate of the corporation and was the 14 owner offifteenten percent or more of the 15 outstanding voting stock of the corporation at any 16 time within the three-year period immediately prior to 17 the date on which it is sought to be determined 18 whether such person is an interested shareholder, and 19 the affiliates and associates of such person. 20 "Interested shareholder" does not includeeither of21the following:22(1) A person who owns shares in excess of the23fifteen percent limitation and who acquired such24shares as follows:25(a) Pursuant to a tender offer commenced prior to26January 1, 1998, or pursuant to an exchange offer27announced prior to January 1, 1998, and commenced28within ninety days after such date, if such person29satisfies either of the following:30(i) Continues to own shares in excess of the31fifteen percent limitation or would continue to own32such shares but for action taken by the corporation.33(ii) Is an affiliate or associate of the34corporation and continues, or would continue but for35action taken by the corporation, to be the owner of36fifteen percent or more of the outstanding voting37stock of the corporation at any time within the three-38year period immediately prior to the date on which it39is sought to be determined whether such person is an40interested shareholder.41(b) From a person subject to subparagraph42subdivision (a) by gift, devise, or in a transaction43in which no consideration for the shares was44exchanged.45(2) Aa person whose ownership of shares in excess 46 of thefifteenten percent limitation is the result of 47 action taken solely by the corporation, provided that 48 such person is an interested shareholder if, after 49 such action by the corporation, the person acquires 50 additional shares of voting stock of the corporation, Page 2 1 other than as a result of further corporate action not 2 caused, directly or indirectly, by such person. 3 For purposes of determining whether a person is an 4 interested shareholder, the outstanding voting stock 5 of the corporation does not include any other unissued 6 stock of the corporation which may be issuable 7 pursuant to any agreement, arrangement, or 8 understanding, or upon exercise of conversion rights, 9 warrants, or options, or otherwise. 10 Sec. ___. Section 490A.102, subsections 13, 16, 11 and 18, Code 1997, are amended to read as follows: 12 13. "Limited liability company" or "domestic 13 limited liability company" meansan entity that isan 14 unincorporated association havingtwoone or more 15 members, andthat isorganized under or subject to 16 this chapter. 17 16. "Member" means a person with a membership 18 interest in a limited liability company under this 19 chapter or, with respect to a foreign limited 20 liability company, under the laws of the state, 21 foreign country, or other foreign jurisdiction under 22 which such company is organized. 23 18. "Operating agreement" means any agreement, 24 written or oral, of the members as to the affairs of a 25 limited liability company and the conduct of its 26 business. 27 Sec. ___. Section 490A.202, subsection 17, Code 28 1997, is amended by striking the subsection and 29 inserting in lieu thereof the following: 30 17. Indemnify and hold harmless a member, manager, 31 or other person against a claim, liability, or other 32 demand, as provided in an operating agreement. 33 Sec. ___. Section 490A.303, subsection 1, 34 paragraph d, Code 1997, is amended to read as follows: 35 d. The period of its duration, whichshall notmay 36 be perpetual. 37 Sec. ___. NEW SECTION. 490A.304 CONVERSION OF 38 CERTAIN ENTITIES TO A LIMITED LIABILITY COMPANY. 39 1. As used in this section, the term "other 40 entity" means a corporation, business trust or 41 association, real estate investment trust, common-law 42 trust, or any other unincorporated business, including 43 any partnership, whether general or limited, or a 44 foreign limited liability company. 45 2. Any other entity may convert to a domestic 46 limited liability company by complying with subsection 47 8 and filing in the office of the secretary of state 48 both of the following: 49 a. Articles of conversion to a limited liability 50 company executed by one or more authorized persons. Page 3 1 b. Articles of organization executed by one or 2 more authorized persons. 3 3. The articles of conversion to a limited 4 liability company shall state all of the following: 5 a. The date on which, and jurisdiction where, the 6 converting entity was first created, formed, 7 incorporated, or otherwise came into being and, if it 8 has changed, its jurisdiction immediately prior to its 9 conversion to a domestic limited liability company. 10 b. The name of the converting entity immediately 11 prior to the filing of the articles of conversion to a 12 limited liability company. 13 c. The name of the limited liability company. 14 d. The future effective date or time certain of 15 the conversion to a limited liability company if it is 16 not to be effective upon the filing of the articles of 17 conversion and the articles of organization. 18 4. Upon the filing in the office of the secretary 19 of state of the articles of conversion and the 20 articles of organization or upon the future effective 21 date or time of the articles of conversion and the 22 articles of organization, the converting entity shall 23 be converted into a domestic limited liability company 24 and the limited liability company, from that date or 25 time, is subject to this chapter, except that the 26 existence of the limited liability company is deemed 27 to have commenced on the date the converting entity 28 commenced its existence in the jurisdiction in which 29 the converting entity was first created, formed, 30 incorporated, or otherwise came into being. 31 5. The conversion of an entity into a domestic 32 limited liability company does not affect any 33 obligations or liabilities of the other entity 34 incurred prior to its conversion to a domestic limited 35 liability company, or the personal liability of any 36 person incurred prior to such conversion. 37 6. When a conversion is effective, for all 38 purposes of the laws of this state, all of the rights, 39 privileges, and powers of the converting entity, and 40 all property, real, personal, and mixed, and all debts 41 due to the converting entity, as well as all other 42 things and causes of action belonging to such entity, 43 are vested in the domestic limited liability company 44 and are the property of the domestic limited liability 45 company as they were of the converting entity. The 46 title to any real property vested by deed or otherwise 47 in the converting entity shall not revert or be in any 48 way impaired by reason of this chapter, and all rights 49 of creditors and all liens upon any property of such 50 other entity are preserved unimpaired, and all debts, Page 4 1 liabilities, and duties of the converting entity shall 2 attach to the domestic limited liability company, and 3 may be enforced against it to the same extent as if 4 the debts, liabilities, and duties had been incurred 5 or contracted by the domestic limited liability 6 company. 7 7. Unless otherwise agreed, or as required under 8 the laws of a jurisdiction other than this state, the 9 converting entity is not required to wind up its 10 affairs or pay its liabilities and distribute its 11 assets, and the conversion does not constitute a 12 dissolution of the converting entity. 13 8. Prior to filing the articles of conversion to a 14 limited liability company with the office of the 15 secretary of state, an operating agreement must be 16 approved in the manner provided for by the documents, 17 instrument, agreement, or other writing, as the case 18 may be, governing the internal affairs of the 19 converting entity and the conduct of its business or 20 by applicable law, as appropriate. 21 9. This section shall not be construed to limit 22 the ability to change the law governing, or the 23 domicile of, a converting entity to this state by any 24 other means provided for in an operating agreement or 25 as otherwise permitted by law, including by the 26 amendment of an operating agreement. 27 Sec. ___. NEW SECTION. 490A.305 SERIES OF 28 MEMBERS, MANAGERS, OR MEMBERSHIP INTERESTS. 29 1. An operating agreement may establish or provide 30 for the establishment of designated series of members, 31 managers, or membership interests having separate 32 rights, powers, or duties with respect to specified 33 property or obligations of the limited liability 34 company or profits and losses associated with 35 specified property or obligations, and, to the extent 36 provided in the operating agreement, any such series 37 may have a separate business purpose or investment 38 objective. 39 2. Notwithstanding contrary provisions of this 40 chapter, the debts, liabilities, and obligations 41 incurred, contracted for, or otherwise existing with 42 respect to a particular series shall be enforceable 43 against the assets of that series only, and not 44 against the assets of the limited liability company 45 generally, if all of the following apply: 46 a. The operating agreement creates one or more 47 series. 48 b. Separate and distinct records are maintained 49 for the series and the assets associated with the 50 series are held and accounted for separately from the Page 5 1 other assets of the limited liability company, or from 2 any other series of the limited liability company. 3 c. The operating agreement provides for such 4 limitation on liabilities. 5 d. Notice of the limitation on liabilities of a 6 series is set forth in the articles of organization of 7 the limited liability company. Filing of articles of 8 organization containing a notice of the limitation on 9 liabilities of a series in the office of the secretary 10 of state constitutes notice of the limitation on 11 liabilities of such series. 12 3. Notwithstanding section 490A.601, or a contrary 13 provision in an operating agreement, a member or 14 manager may agree to be obligated personally for any 15 or all of the debts, obligations or liabilities of one 16 or more series. 17 4. An operating agreement may provide for classes 18 or groups of members or managers associated with a 19 series having such relative rights, powers, and duties 20 as the operating agreement may provide. The operating 21 agreement may provide for the future creation of 22 additional classes or groups of members or managers 23 associated with the series having such relative 24 rights, powers, and duties as may from time to time be 25 established, including rights, powers, and duties 26 senior to existing classes and groups of members or 27 managers associated with the series. An operating 28 agreement may provide for the taking of an action, 29 including the amendment of the operating agreement, 30 without the vote or approval of any member or manager 31 or class or group of members or managers, including 32 all action to create under the provisions of the 33 operating agreement a class or group of the series of 34 membership interests that was not previously 35 outstanding. An operating agreement may provide that 36 any member or class or group of members associated 37 with a series have no voting rights. 38 5. An operating agreement may grant to all or 39 certain identified members or managers or a specified 40 class or group of the members or managers associated 41 with a series the right to vote on any matter 42 separately or with all or any class or group of the 43 members or managers associated with the series. 44 Voting by members or managers associated with a series 45 may be on a per capita, number, financial interest, 46 class, group, or other basis. 47 6. Unless otherwise provided in an operating 48 agreement, the management of a series shall be vested 49 in the members associated with such series in 50 proportion to the then-current percentage or other Page 6 1 interest of members in the profits of the series owned 2 by all of the members associated with such series. 3 The decision of members owning more than fifty percent 4 of the series or other interest in the profits shall 5 control. However, if an operating agreement provides 6 for the management of the series, in whole or in part, 7 by a manager, the management of the series, to the 8 extent so provided, is vested in the manager who shall 9 be chosen as provided in the operating agreement. The 10 manager of the series shall also hold the offices and 11 have the responsibilities accorded to managers as set 12 forth in the operating agreement. A series may have 13 more than one manager. A manager shall cease to be a 14 manager with respect to a series as provided in the 15 operating agreement. Except as otherwise provided in 16 the operating agreement, an event under this chapter 17 or identified in an operating agreement that causes a 18 manager to cease to be a manager with respect to a 19 series, by itself, shall not cause the manager to 20 cease to be a manager of the limited liability company 21 or with respect to any other series of the limited 22 liability company. 23 7. Notwithstanding any other provision of this 24 chapter, except subsections 8 and 11 and unless 25 otherwise provided in an operating agreement, at the 26 time a member associated with a series that has been 27 established pursuant to subsection 1 becomes entitled 28 to receive a distribution with respect to such series, 29 the member has the status of, and is entitled to, all 30 remedies available to a creditor of the series with 31 respect to the distribution. An operating agreement 32 may provide for the establishment of a record date 33 with respect to allocations and distributions with 34 respect to a series. 35 8. Notwithstanding any other provision of this 36 chapter, a limited liability company may make a 37 distribution with respect to a series that has been 38 established pursuant to subsection 1. However, a 39 limited liability company shall not make a 40 distribution with respect to a series that has been 41 established pursuant to subsection 1 to the extent 42 that at the time of the distribution, after giving 43 effect to the distribution, all liabilities of such 44 series, other than liabilities to members on account 45 of their membership interests with respect to such 46 series and liabilities for which the recourse of 47 creditors is limited to specified property of such 48 series, exceed the fair value of the assets associated 49 with such series. However, the fair value of an asset 50 of the series that is subject to a liability for which Page 7 1 the recourse of creditors is limited shall be included 2 in the assets associated with such series only to the 3 extent that the fair value of that asset exceeds that 4 liability. A member who receives a distribution in 5 violation of this subsection, and who knew at the time 6 of the distribution that the distribution violated 7 this subsection, is liable for the amount of the 8 distribution. Subject to section 490A.807, which 9 applies to any distribution made with respect to a 10 series under this subsection, this subsection shall 11 not affect any obligation or liability of a member 12 under an agreement or other applicable law for the 13 amount of a distribution. 14 9. Unless otherwise provided in the operating 15 agreement, a member shall cease to be associated with 16 a series and to have the power to exercise any rights 17 or powers of a member with respect to such series upon 18 the assignment of all of the member's membership 19 interest with respect to such series. Except as 20 otherwise provided in an operating agreement, an event 21 under this chapter or identified in an operating 22 agreement that causes a member to cease to be 23 associated with a series, by itself, shall not cause 24 such member to cease to be associated with any other 25 series or terminate the continued membership of a 26 member in the limited liability company. 27 10. Subject to section 490A.1301, except to the 28 extent otherwise provided in the operating agreement, 29 a series may be terminated and its affairs wound up 30 without causing the dissolution of the limited 31 liability company. The termination of a series 32 established pursuant to subsection 1 shall not affect 33 the limitation on liabilities of such series provided 34 by subsection 2. A series is terminated and its 35 affairs shall be wound up upon the dissolution of the 36 limited liability company under section 490A.1301 or 37 otherwise upon the first to occur of the following: 38 a. At the time specified in the operating 39 agreement. 40 b. Upon the happening of events specified in the 41 operating agreement. 42 c. Unless otherwise provided in the operating 43 agreement, upon the written consent of all members 44 associated with such series. 45 d. The termination of such series under subsection 46 10. 47 11. Notwithstanding section 490A.1303, unless 48 otherwise provided in the operating agreement, any of 49 the following persons may wind up the affairs of the 50 series: Page 8 1 a. A manager associated with a series who has not 2 wrongfully terminated the series. 3 b. If there is no manager of a series, the members 4 associated with the series or a person approved by the 5 members associated with the series. 6 c. If there is more than one class or group of 7 members associated with the series, then by each class 8 or group of members associated with the series, in 9 either case, by members who own more than fifty 10 percent of the then-current percentage or other 11 interest in the profits of the series owned by all of 12 the members associated with the series or by the 13 members of each class or group associated with the 14 series. 15 However, if the series has been established 16 pursuant to subsection 1, the district court of the 17 county in which the limited liability company has its 18 principal place of business, upon cause shown, may 19 wind up the affairs of the series upon application of 20 any member associated with the series or the member's 21 legal representative or assignee, and in connection 22 with such winding up, may appoint a liquidating 23 trustee. The persons winding up the affairs of a 24 series, in the name of the limited liability company 25 and for and on behalf of the limited liability company 26 and such series, may take all actions with respect to 27 the series as are permitted under section 490A.1303. 28 The persons winding up the affairs of a series shall 29 provide for the claims and obligations of the series 30 as provided in section 490A.1304 and distribute the 31 assets of the series as provided in section 490A.1304. 32 Actions taken pursuant to this subsection shall not 33 affect the liability of members and shall not impose 34 liability on a liquidating trustee. 35 12. On application by or for a member or manager 36 associated with a series established pursuant to 37 subsection 1, the district court in the county in 38 which the limited liability company has its principal 39 place of business may enter an order for dissolution 40 of such series if it is not reasonably practicable to 41 carry on the business of the series in conformity with 42 the operating agreement. 43 13. A foreign limited liability company that is 44 registering to do business in this state under this 45 chapter which is governed by an operating agreement 46 that establishes or provides for the establishment of 47 designated series of members, managers, or membership 48 interests having separate rights, powers, or duties 49 with respect to specified property or obligations of 50 the foreign limited liability company, or profits and Page 9 1 losses associated with the specified property or 2 obligations, shall indicate that fact on the 3 application for registration as a foreign limited 4 liability company. In addition, the foreign limited 5 liability company shall state on the application 6 whether the debts, liabilities, and obligations 7 incurred, contracted for, or otherwise existing with 8 respect to a particular series, if any, are 9 enforceable against the assets of such series only, 10 and not against the assets of the foreign limited 11 liability company generally. 12 Sec. ___. NEW SECTION. 490A.306 ADMISSION OF 13 MEMBERS. 14 1. In connection with the formation of a limited 15 liability company, a person is admitted as a member of 16 the limited liability company upon the later to occur 17 of the following: 18 a. The formation of the limited liability company. 19 b. The time provided in, and upon compliance with, 20 the operating agreement or, if the operating agreement 21 does not so provide, when the person's admission is 22 reflected in the records of the limited liability 23 company. 24 2. After the formation of a limited liability 25 company, a person is admitted as a member of the 26 limited liability company as follows: 27 a. In the case of a person who is not an assignee 28 of a membership interest, including a person acquiring 29 a membership interest directly from the limited 30 liability company and a person to be admitted as a 31 member of the limited liability company without 32 acquiring a membership interest in the limited 33 liability company, at the time provided in and upon 34 compliance with the operating agreement or, if the 35 operating agreement does not so provide, upon the 36 consent of all members and the person's admission 37 being reflected in the records of the limited 38 liability company. 39 b. In the case of an assignee of a membership 40 interest, as provided in section 490A.903 and at the 41 time provided in and upon compliance with the 42 operating agreement, or if the operating agreement 43 does not so provide, when any such person's permitted 44 admission is reflected in the records of the limited 45 liability company. 46 c. Unless otherwise provided in an agreement of 47 merger, in the case of a person acquiring a membership 48 interest in a surviving or resulting limited liability 49 company pursuant to a merger approved pursuant to 50 section 490A.1203, at the time provided in and upon Page 10 1 compliance with the operating agreement of the 2 surviving or resulting limited liability company. 3 3. A person may be admitted to a limited liability 4 company as a member of the limited liability company 5 and may receive a membership interest in the limited 6 liability company without making a contribution or 7 being obligated to make a contribution to the limited 8 liability company. Unless otherwise provided in an 9 operating agreement, a person may be admitted to a 10 limited liability company as a member of the limited 11 liability company without acquiring a membership 12 interest in the limited liability company. 13 Sec. ___. NEW SECTION. 490A.307 CLASSES AND 14 VOTING. 15 1. An operating agreement may provide for classes 16 or groups of members and the relative rights, powers, 17 and duties of such members, and may provide for the 18 future creation of additional classes or groups of 19 members having such relative rights, powers, and 20 duties as may from time to time be established, 21 including rights, powers, and duties senior to 22 existing classes and groups of members. An operating 23 agreement may provide for taking action, including the 24 amendment of the operating agreement, without the vote 25 or approval of any member or class or group of 26 members, including an action to create a class or 27 group of membership interests that was not previously 28 outstanding. An operating agreement may provide that 29 any member or class or group of members has no voting 30 rights. 31 2. An operating agreement may grant to all or 32 certain identified members or a specified class or 33 group of the members the right to vote separately or 34 with all or any class or group of members or managers 35 on any matter. Voting by members may be on a per 36 capita, number, financial interest, class, group, or 37 any other basis. 38 3. An operating agreement which grants a right to 39 vote may set forth provisions relating to notice of 40 the time, place, or purpose of any meeting at which 41 any matter is to be voted on by any members, waiver of 42 any notice, action by consent without meeting, the 43 establishment of a record date, quorum requirements, 44 voting in person or by proxy, or any other matter with 45 respect to the exercise of any such right to vote. 46 Sec. ___. NEW SECTION. 490A.603 LIABILITY OF 47 MEMBERS. 48 1. Except as otherwise provided in this chapter or 49 by written agreement of a member, a member or manager 50 of a limited liability company is not personally Page 11 1 liable solely by reason of being a member or manager 2 of the limited liability company under any judgment, 3 or in any other manner, for any debt, obligation, or 4 liability of the limited liability company, whether 5 that liability or obligation arises in contract, tort, 6 or otherwise. 7 2. A member of a limited liability company is 8 personally liable under a judgment or for any debt, 9 obligation, or liability of the limited liability 10 company, whether that liability or obligation arises 11 in contract, tort, or otherwise, under the same or 12 similar circumstances and to the same extent as a 13 shareholder of a corporation may be personally liable 14 for any debt, obligation, or liability of the 15 corporation, except that the failure to hold meetings 16 of members or managers or the failure to observe 17 formalities pertaining to the calling or conduct of 18 meetings shall not be considered a factor tending to 19 establish that the members have personal liability for 20 any debt, obligation, or liability of the limited 21 liability company. 22 3. Nothing in this section shall be construed to 23 affect the liability of a member of a limited 24 liability company to third parties for the member's 25 participation in tortious conduct. 26 Sec. ___. Section 490A.702, subsection 4, Code 27 1997, is amended by striking the subsection and 28 inserting in lieu thereof the following: 29 4. Except as provided in subsection 4A, the 30 validity of an act of a limited liability company is 31 not challengeable on the ground that the limited 32 liability company lacks or lacked the power or 33 authority to act. 34 Sec. ___. Section 490A.702, Code 1997, is amended 35 by adding the following new subsections: 36 NEW SUBSECTION. 4A. A limited liability company's 37 power to act may be challenged in the following 38 proceedings: 39 a. In an action by a member against the limited 40 liability company to enjoin an unauthorized act. 41 b. In an action by the limited liability company 42 against an incumbent or former manager, employee, or 43 agent of the limited liability company, either 44 directly, derivatively, or through a receiver, 45 trustee, or other legal representative. 46 c. By the attorney general under section 47 490A.1409. 48 NEW SUBSECTION. 4B. In a member's proceeding 49 under subsection 4A, paragraph "a", to enjoin an 50 unauthorized act, the court may enjoin or set aside Page 12 1 the act if equitable and if all affected persons are 2 parties to the proceeding. The court may award 3 damages, other than anticipated profits, for loss 4 suffered by the limited liability company or another 5 party as a result of the unauthorized act being 6 enjoined. 7 Sec. ___. Section 490A.703, Code 1997, is amended 8 by adding the following new subsection: 9 NEW SUBSECTION. 2A. a. A written operating 10 agreement or other writing may provide for a person to 11 be admitted as a member of a limited liability 12 company, or to become an assignee of a limited 13 liability company membership interest or other rights 14 or powers of a member, to the extent that either of 15 the following occurs: 16 (1) If the person, or a representative authorized 17 by the person orally, in writing, or by other action 18 such as payment for a limited liability company 19 interest, executes the operating agreement or any 20 other writing evidencing the intent of such person to 21 become a member or assignee. 22 (2) Without execution of the operating agreement 23 or similar writing, if the person or such authorized 24 representative of the person complies with the 25 conditions for becoming a member or assignee as set 26 forth in the operating agreement or any other writing 27 and requests orally, in writing, or by other action 28 such as payment for a limited liability company 29 interest, that the records of the limited liability 30 company reflect such admission or assignment. 31 b. A written operating agreement or another 32 written agreement or writing is not unenforceable by 33 reason of its not having been signed by a person being 34 admitted as a member or becoming an assignee, or the 35 member's or assignee's representative, as provided in 36 paragraph "a". 37 Sec. ___. NEW SECTION. 490A.704A RESIGNATION OR 38 WITHDRAWAL OF MEMBER. 39 1. a. This section applies to a limited liability 40 company whose original articles of organization are 41 filed with the secretary of state on or after July 1, 42 1997. 43 b. This section applies to a limited liability 44 company whose original articles of organization are 45 filed with the secretary of state and effective on or 46 prior to June 30, 1997, if such company's operating 47 agreement provides that it is subject to this section. 48 c. If no provision is made in the operating 49 agreement, a limited liability company whose original 50 articles of organization were filed with the secretary Page 13 1 of state and effective on or prior to June 30, 1997, 2 is subject to section 490A.704. 3 2. A member may resign or withdraw from a limited 4 liability company only at the time or upon the 5 happening of an event specified in an operating 6 agreement and pursuant to the operating agreement. 7 3. Unless an operating agreement provides 8 otherwise, a member may not resign or withdraw from a 9 limited liability company prior to the dissolution and 10 winding up of the limited liability company. However, 11 if the articles of organization or an operating 12 agreement do not specify the time or the events upon 13 the happening of which a member may resign or 14 withdraw, a member may resign or withdraw from the 15 limited liability company in the event any amendment 16 to the articles of organization or operating agreement 17 that is adopted over the member's written dissent 18 adversely affects the rights or preferences of the 19 dissenting member's membership interest in any of the 20 ways described in paragraphs "a" through "e". A 21 resignation or withdrawal in the event of such dissent 22 and adverse effect is deemed to have occurred as of 23 the effective date of the amendment, if the member 24 gives notice to the limited liability company not more 25 than sixty days after the date of the amendment. In 26 valuing the member's distribution pursuant to this 27 subsection, any depreciation in anticipation of the 28 amendment shall be excluded. An amendment that does 29 any of the following is subject to this subsection: 30 a. Alters or abolishes a member's right to receive 31 a distribution. 32 b. Alters or abolishes a member's right to 33 voluntarily withdraw or resign. 34 c. Alters or abolishes a member's right to vote on 35 any matter, except as the rights may be altered or 36 abolished through the acceptance of contributions or 37 the making of contribution agreements. 38 d. Alters or abolishes a member's preemptive right 39 to make contributions. 40 e. Establishes or changes the conditions for or 41 consequences of expulsion. 42 4. A member withdrawing under this section is not 43 liable for damages for the breach of any agreement not 44 to withdraw. 45 5. An operating agreement may provide that a 46 membership interest may be assigned prior to the 47 dissolution and winding up of the limited liability 48 company. 49 Sec. ___. NEW SECTION. 490A.705A CLASSES OF 50 MANAGERS AND VOTING. Page 14 1 1. An operating agreement may provide for classes 2 or groups of managers having such relative rights, 3 powers, and duties as the operating agreement may 4 provide, and may make provision for the future 5 creation of additional classes or groups of managers 6 having such relative rights, powers, and duties as may 7 from time to time be established, including rights, 8 powers, and duties senior to existing classes and 9 groups of managers. An operating agreement may 10 provide for taking action, including the amendment of 11 the operating agreement, without the vote or approval 12 of any manager or class or group of managers, 13 including an action to create a class or group of 14 membership interests that was not previously 15 outstanding. 16 2. An operating agreement may grant to all or 17 certain identified managers or a specified class or 18 group of managers the right to vote on any matter, 19 separately or with all or any class or group of 20 managers or members. Voting by managers may be on a 21 per capita, number, financial interest, class, group, 22 or any other basis. 23 3. An operating agreement which grants a right to 24 vote may set forth provisions relating to notice of 25 the time, place, or purpose of any meeting at which 26 any matter is to be voted on by any manager or class 27 or group of managers, waiver of any such notice, 28 action by consent without a meeting, the establishment 29 of a record date, quorum requirements, voting in 30 person or by proxy, or any other matter with respect 31 to the exercise of any such right to vote. 32 Sec. ___. Section 490A.709, subsection 2, 33 unnumbered paragraph 1, Code 1997, is amended to read 34 as follows: 35 Each member has the right for any purpose 36 reasonably related to the member's interest as a 37 member of the limited liability company, upon 38 reasonable request and subject to reasonable standards 39 as may be set forth in an operating agreement, to do 40 any of the following: 41 Sec. ___. NEW SECTION. 490A.710 DELEGATION OF 42 RIGHTS AND POWERS TO MANAGE. 43 Unless otherwise provided in the operating 44 agreement, a member or manager of a limited liability 45 company may delegate to one or more other persons the 46 member's or manager's rights and powers to manage and 47 control the business and affairs of the limited 48 liability company, including to agents and employees 49 of a member or manager of the limited liability 50 company, and to delegate by a management agreement or Page 15 1 another agreement with other persons. Unless 2 otherwise provided in the operating agreement, such 3 delegation by a member or manager of a limited 4 liability company shall not cause the member or 5 manager to cease to be a member or manager of the 6 limited liability company. 7 Sec. ___. NEW SECTION. 490A.711 CONTRACTUAL 8 APPRAISAL RIGHTS. 9 An operating agreement or an agreement of merger 10 may provide that contractual appraisal rights with 11 respect to a membership interest or another interest 12 in a limited liability company are available for any 13 class or group of members or membership interests in 14 connection with an amendment of an operating 15 agreement, a merger in which the limited liability 16 company is a constituent party to the merger, or the 17 sale of all or substantially all of the limited 18 liability company's assets. The district court of the 19 county in which the limited liability company has its 20 principal place of business has jurisdiction to hear 21 and determine any matter relating to such appraisal 22 rights. 23 Sec. ___. NEW SECTION. 490A.712 CESSATION OF 24 MEMBERSHIP. 25 A person ceases to be a member of a limited 26 liability company upon the occurrence of any of the 27 following events: 28 1. The person withdraws or resigns from the 29 limited liability company. 30 2. The person is removed as a member pursuant to 31 the operating agreement. 32 3. Unless otherwise provided in the operating 33 agreement or with the consent of all other members, 34 the person does any of the following: 35 a. Makes an assignment for the benefit of 36 creditors. 37 b. Files a voluntary petition in bankruptcy. 38 c. Is adjudged bankrupt or insolvent or has 39 entered against the person an order for relief in any 40 bankruptcy or insolvency proceeding. 41 d. Files a petition or answer seeking for that 42 person any reorganization, arrangement, composition, 43 readjustment, liquidation, dissolution, or similar 44 relief under any statute or rule. 45 e. Seeks, consents to, or acquiesces in the 46 appointment of a trustee, receiver, or liquidator for 47 the member or for all or any substantial part of the 48 member's properties. 49 f. Files an answer or other pleading admitting or 50 failing to contest the material allegations of a Page 16 1 petition filed against the person in any proceeding 2 described in this subsection. 3 4. Unless otherwise provided in the operating 4 agreement, or with the consent of all other members, 5 the continuation of any proceeding against the person 6 seeking reorganization, arrangement, composition, 7 readjustment, liquidation, dissolution, or similar 8 relief under any statute or rule for one hundred 9 twenty days after the commencement of such proceeding, 10 or the appointment of a trustee, receiver, or 11 liquidator for the member or for all or any 12 substantial part of the member's properties without 13 the member's agreement or acquiescence, which 14 appointment is not vacated or stayed for one hundred 15 twenty days or, if the appointment is stayed, for one 16 hundred twenty days after the expiration of the stay 17 during which period the appointment is not vacated. 18 5. Unless otherwise provided in the operating 19 agreement or with the consent of all other members, in 20 the case of a member who is an individual, the 21 individual's death or adjudication by a court of 22 competent jurisdiction as incompetent to manage the 23 individual's person or property. 24 6. Unless otherwise provided in the operating 25 agreement or with the consent of all other members, in 26 the case of a member who is acting as a member by 27 virtue of being a trustee of a trust, the termination 28 of the trust. 29 7. Unless otherwise provided in the operating 30 agreement or with the consent of all other members, in 31 the case of a member that is a partnership or another 32 limited liability company, the dissolution and 33 commencement of winding up of the partnership or 34 limited liability company. 35 8. Unless otherwise provided in the operating 36 agreement or with the consent of all other members, in 37 the case of a member that is a corporation, the 38 dissolution of the corporation or the revocation of 39 its articles of incorporation. 40 9. Unless otherwise provided in the operating 41 agreement or with the consent of all other members, in 42 the case of a member that is an estate, the 43 distribution by the fiduciary of the estate's entire 44 interest in the limited liability company. 45 Sec. ___. Section 490A.801, Code 1997, is amended 46 by adding the following new subsection: 47 NEW SUBSECTION. 4. An operating agreement may 48 provide that the interest of any member who fails to 49 make a contribution that the member is obligated to 50 make is subject to specified penalties for, or Page 17 1 specified consequences of, such failure. The penalty 2 or consequence may take the form of reducing or 3 eliminating the defaulting member's proportionate 4 interest in a limited liability company, subordinating 5 the member's membership interest to that of a 6 nondefaulting member, a forced sale of the member's 7 membership interest, forfeiture of the member's 8 membership interest, the lending by other members of 9 the amount necessary to meet the member's commitment, 10 a fixing of the value of the member's membership 11 interest by appraisal or by formula and redemption, or 12 sale of the member's membership interest at such value 13 or other penalty or consequence. 14 Sec. ___. NEW SECTION. 490A.809 RIGHT TO 15 DISTRIBUTION. 16 Subject to sections 490A.807 and 490A.1304, and 17 unless otherwise provided in an operating agreement, 18 at the time a member becomes entitled to receive a 19 distribution, the member has the status of, and is 20 entitled to all remedies available to, a creditor of 21 the limited liability company with respect to the 22 distribution. An operating agreement may provide for 23 the establishment of a record date with respect to 24 allocations and distributions by a limited liability 25 company. 26 Sec. ___. Section 490A.902, unnumbered paragraph 27 1, Code 1997, is amended to read as follows: 28 Unless otherwise provided in the articles of 29 organization or an operating agreement, a membership 30 interest in a limited liability company is assignable 31 in whole or in part. An assignment of an interest in 32 a limited liability company does notof itself 33 dissolve the limited liability company.AnExcept as 34 provided in the articles of organization or an 35 operating agreement, an assignment does not entitle 36 the assignee to participate in the management and 37 affairs of the limited liability company or to become 38 or to exercise any rights of a member.SuchExcept as 39 provided in the articles of organization or an 40 operating agreement, an assignment entitles the 41 assignee to receive, to the extent assigned, only the 42 distribution to which the assignor would be entitled. 43 Except as provided in the articles of organization or 44 an operating agreement, a member ceases to be a member 45 upon assignment of the member's entire membership 46 interest. 47 Sec. ___. Section 490A.1301, subsection 3, Code 48 1997, is amended by striking the subsection." 49 2. Title page, line 1, by inserting after the 50 word "to" the following: "the organization and Page 18 1 operation of certain legal entities, including". 2 3. Title page, line 5, by inserting after the 3 word "partnerships," the following: "and including 4 limited liability companies and the conversion of 5 other entities to limited liability companies, and the 6 rights, duties, obligations, and interests of members 7 and managers with respect to such companies,". 8 4. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1962. Dinkla of Guthrie moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 642) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Cormack Dinkla Dix Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Connors Doderer Ford Nelson The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. ADOPTION OF HOUSE RESOLUTION 12 Garman of Story called up for consideration House Resolution 12, a resolution honoring Mr. Harry Cannon upon his retirement as the Deputy Director for Prison Industries of the Iowa Department of Corrections, and moved its adoption. The motion prevailed and the resolution was adopted. Garman of Story introduced Mr. Harry Cannon and his wife, Madalene. The House rose in appreciation. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 642 be immediately messaged to the Senate. ADOPTION OF HOUSE CONCURRENT RESOLUTION 22 Dinkla of Guthrie called up for consideration House Concurent Resolution 22, a concurrent resolution requesting the Legislative Council to establish a task force to study Iowa's system of state and local taxation and requiring reporting by certain dates, amended by the Senate, and moved that the House concur in the following Senate amendment H-1961: H-1961 1 Amend House Concurrent Resolution 22, as amended, 2 passed, and reprinted by the House, as follows: 3 1. Page 2, line 30, by striking the word "shall" 4 and inserting the following: "may". 5 2. Page 3, line 29, by striking the word "force." 6 and inserting the following: "force; and" 7 3. By striking page 3, line 30 through page 4, 8 line 6. 9 4. Page 4, line 14, by inserting after the word 10 "shall" the following: "present a progress". 11 5. Page 4, line 16, by inserting after the word 12 "convening" the following: "and shall present its 13 final report along with any recommendations to the 14 General Assembly meeting in 1999 upon its convening". 15 6. Page 4, by inserting after line 16 the 16 following: 17 "BE IT FURTHER RESOLVED, That recommendations 18 contained in the progress report prepared by the task 19 force or contained in the final report prepared by the 20 task force shall be drafted as study bills by the 21 legislative service bureau for consideration by the 22 General Assembly." 23 7. By renumbering, relettering, or redesignating 24 and correcting internal references as necessary. The motion prevailed and the House concurred in the Senate amendment H-1961. Dinkla of Guthrie moved the adoption of House Concurrent Resolution 22. The motion prevailed and the resolution was adopted. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House Concurrent Resolution 22 be immediately messaged to the Senate. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of Senate Files 544, 553 and 541. Ways and Means Calendar Senate File 544, a bill for an act relating to the designation of unincorporated areas of a county as rural improvement zones, providing for improvement projects in the zones, authorizing the issuance of certificates of indebtedness, and payment of the indebtedness by tax increment financing and an annual standby tax by such zones, with report of committee recommending passage, was taken up for consideration. Dinkla of Guthrie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. Under the provision of Rule 76, Jacobs of Polk refrained from voting. On the question "Shall the bill pass?" (S.F. 544) The ayes were, 86: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Cohoon Cormack Dinkla Dix Doderer Dolecheck Drake Eddie Foege Ford Frevert Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Huser Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 10: Chiodo Dotzler Drees Falck Fallon Garman Holveck Kreiman Schrader Shoultz Absent or not voting, 4: Churchill Connors Jacobs Nelson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Regular Calendar Senate File 541, a bill for an act relating to child day care provisions involving group day care homes and establishing a child care home pilot project, with report of committee recommending amendment and passage, was taken up for consideration. Veenstra of Sioux in the chair at 10:00 a.m. Kremer of Buchanan offered the following amendment H-1956 filed by the committee on human resources and moved its adoption: H-1956 1 Amend Senate File 541, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 2, line 7, by striking the word "six" and 4 inserting the following: "four". 5 2. Page 3, line 15, by striking the word "may" 6 and inserting the following: "shall". 7 3. Page 7, line 15, by striking the word "six" 8 and inserting the following: "four". The committee amendment H-1956 was adopted. Kremer of Buchanan moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 541) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Maanen Vande Hoef Warnstadt Weidman Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, none. Absent or not voting, 3: Connors Nelson Van Fossen 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 553, a bill for an act relating to the tax treatment of financial institutions and their shareholders which have made an election under subchapter S of the Internal Revenue Code and including a retroactive applicability date provision, with report of committee recommending amendment and passage, was taken up for consideration. Larson of Linn offered the following amendment H-1974 filed by the committee on ways and means and moved its adoption: H-1974 1 Amend Senate File 553, as passed by the Senate, as 2 follows: 3 1. Page 1, by striking lines 8 through 11 and 4 inserting the following: "amount of the tax credit by 5 recomputing the amount of tax under this division by 6 reducing the taxable income of the taxpayer by the 7 taxpayer's pro rata share of the items of income and 8 expense of the financial institution and subtracting 9 the credits allowed under section 422.12. This 10 recomputed tax shall be subtracted from the amount of 11 tax computed under this division after the deduction 12 for". A non-record roll call was requested. The ayes were 45, nays 34. The committee amendment H-1974 was adopted. Larson 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. 553) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Warnstadt Weidman Weigel Welter Whitead Wise Witt Veenstra, Presiding The nays were, none. Absent or not voting, 2: Connors Nelson 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 544, 553 and 541. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON ADMINISTRATION AND RULES Senate Concurrent Resolution 1, a concurrent resolution relating to the compensation of chaplains, officers and employees of the seventy-seventh general assembly. Fiscal Note is not required. Recommended Amend and Do Pass with amendment H-1976 April 29, 1997. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of Senate Concurrent Resolution 1. ADOPTION OF SENATE CONCURRENT RESOLUTION 1 Rants of Woodbury called up for consideration Senate Concurrent Resolution 1, a concurrent resolution relating to the compensation of chaplains, officers and employees of the seventy-seventh general assembly, as follows: 1 SENATE CONCURRENT RESOLUTION 1 2 BY COMMITTEE ON RULES AND ADMINISTRATION 3 A concurrent resolution relating to the compensation 4 of chaplains, officers and employees of the 5seventy-sixthseventy-seventh general assembly. 6 Whereas, section 2.11 of the Code provides that 7 "The compensation of the chaplains, officers, and 8 employees of the general assembly shall be fixed by 9 joint action of the house and senate by resolution at 10 the opening of each session, or as soon thereafter as 11 conveniently can be done", Now Therefore, 12 Be It Resolved By The Senate, The House Concurring, 13 That the compensation for the following officers for 14 the period commencing January9, 199513, 1997 and 15 ending January13, 199711, 1999, shall be within the 16 following ranges: 17 Secretary of the Senate and Chief 18 Clerk of the House.................$44,373 to$76,58019 $46,847 to $80,849 20 Within the indicated ranges the exact compensation 21 shall be set or adjusted for the senate officers by 22 the senate rules and administration committee and for 23 the house officers by the house administration and 24 rules committee. The committees shall report the 25 exact compensation assigned to each position on the 26 next legislative day, or, if such action is during the 27 interim, on the first day the senate or house shall 28 convene. Any action by the senate or house to 29 disapprove or amend the report shall be effective the 30 day after the action. Page 2 1 Be It Further Resolved, That the compensation of 2 the employees of theseventy-sixthseventy-seventh 3 general assembly is set, effective from January9,4199513, 1997, until January13, 199711, 1999, in 5 accordance with the following salary schedule: 6#8 #9 #10 #11#127$12,022.40 $12,625.60 $13,270.40 $13,936.00$14,643.2085.78 6.07 6.386.70 7.049 10#13 #14 #15 #16#1711$15,350.40 $16,161.60 $17,014.40 $17,867.20$18,678.40127.38 7.77 8.188.59 8.9813 14#18 #19 #20 #21#2215$19,572.80 $20,488.00 $21,528.00 $22,526.40$23,628.80169.41 9.85 10.3510.83 11.3617 18#23 #24 #25 #26#2719$24,772.80 $25,916.80 $27,206.40 $28,475.20$29,848.002011.91 12.46 13.0813.69 14.3521 22#28 #29 #30 #31#3223$31,304.00 $32,801.60 $34,361.60 $36,046.40$37,731.202415.05 15.77 16.5217.33 18.1425 26#33 #34 #35 #36#3727$39,603.20 $41,454.40 $43,430.40 $45,531.20$47,736.002819.04 19.93 20.8821.89 22.9529 30#38 #39 #40 #41#42Page 3 1$50,003.20 $52,416.00 $54,974.40 $57,595.20$60,382.40224.04 25.20 26.4327.69 29.033 4 #8 #9 #10 #11 #12 5 $12,688.00 $13,332.80 $13,998.40 $14,705.60 $15,454.40 6 6.10 6.41 6.73 7.07 7.43 7 8 #13 #14 #15 #16 #17 9 $16,203.20 $17,056.00 $17,971.20 $18,865.60 $19,718.40 10 7.79 8.20 8.64 9.07 9.48 11 12 #18 #19 #20 #21 #22 13 $20,654.40 $21,632.00 $22,734.40 $23,774.40 $24,939.20 14 9.93 10.40 10.93 11.43 11.99 15 16 #23 #24 #25 #26 #27 17 $26,166.40 $27,352.00 $28,724.80 $30,056.00 $31,512.00 18 12.58 13.15 13.81 14.45 15.15 19 20 #28 #29 #30 #31 #32 21 $33,051.20 $34,632.00 $36,296.00 $38,064.00 $39,832.00 22 15.89 16.65 17.45 18.30 19.15 23 24 #33 #34 #35 #36 #37 25 $41,808.00 $43,763.20 $45,864.00 $48,068.80 $50,398.40 26 20.10 21.04 22.05 23.11 24.23 27 28 #38 #39 #40 #41 #42 29 $52,790.40 $55,348.80 $58,032.00 $60,798.40 $63,752.00 30 25.38 26.61 27.90 29.23 30.65 Page 4 1 2 #43 #44 #45 #46 #47 3 $66,747.20 $70,012.80 $73,361.60 $76,856.00 $80,537.60 4 32.09 33.66 35.27 36.95 38.72 5 In this schedule, each numbered block shall be the 6 yearly and hourly compensation for the pay grade of 7 the number heading the block. Within each grade there 8 shall be six steps numbered "1" through "6". In the 9 above schedule the steps for all grades are determined 10 in the following manner. Each numbered block is 11 counted as the "1" step for that grade. The next 12 higher block is counted as the "2" step; the next 13 higher block is the "3" step; the next higher block is 14 the ""4";" step; the next higher block is the "5" step; 15 the next higher block is the "6" step. 16 All employees shall be available to work daily 17 until completion of the senate's and house of 18 representatives' business. The employee's division 19 supervisor shall schedule all employees' working hours 20 to, as far as possible, maintain regular working 21 hours. 22 All employees, other than those designated "part- 23 time" shall be compensated for 40 hours of work in a 24 one-week pay period. Secretaries to senators and 25 representatives are presumed to have 40 hours of work 26 each week the legislature is in session and shall be 27 paid only on that basis. Except for the personnel 28 designated to the contrary in this resolution, 29 employees who are required to work in excess of 40 30 hours in a one-week pay period shall either be Page 5 1 compensated at a rate of pay equal to one and one-half 2 times the hourly pay provided in this resolution or 3 allowed compensatory time off at a rate of one and 4 one-half hours for each hour of overtime. 5 The following personnel shall not be paid an 6 overtime premium: 7 Secretary of the Senate 8 Chief Clerk of the House 9 Assistant Secretary of the Senate 10 Assistant Chief Clerk of the House 11 Senate Legal Counsel 12 House Legal Counsel 13 Finance Officer 14 Senior Finance Officer 15 Senior Journal Editor 16 All Administrative Assistants 17 All Research Analysts 18 All Research Assistants 19 All Secretaries to Senators and Representatives 20 All Caucus Staff Directors 21 AllSeniorCaucus Secretaries 22 Administrative, Executive, and Confidential 23 Secretaries to President, Speaker, Leader or 24 Secretary of Senate or Chief Clerk of House 25 This list may be modified pursuant to the annual 26 review authorized in this resolution. 27Beginning with the convening of the Seventy-seventh28General Assembly, all caucus secretaries shall not be29paid an overtime premium.30 Be It Further Resolved, That part-time employees Page 6 1 shall be compensated at the scheduled hourly rate for 2 their pay grade and step. 3 Be It Further Resolved, That compensatory time off 4 shall be granted to employees not eligible for the 5 overtime premium in a uniform manner for all 6 legislative employees as determined by the legislative 7 council. 8 Be It Further Resolved, That in the event the 9 promulgated by the personnel commission pursuant to 10 salary schedule for employees of the State of Iowa as 11 section 19A.9, subsection 2, Code19951997, is 12 revised upward at any time during theseventy-sixth13 seventy-seventh general assembly, such revised 14 schedule shall simultaneously be adopted for the 15 compensation of the employees of theseventy-sixth16 seventy-seventh general assembly assigned a grade by 17 this resolution. The pay ranges of those positions 18 specifically listed on page one of this resolution 19 shall be automatically adjusted to reflect any cost of 20 living increases granted to those employees not 21 included in the collective bargaining agreements made 22 final under chapter 20 of the Code and increases 23 provided by the legislative council for agency 24 directors. 25 Be It Further Resolved, That adjustments in the 26 positions and compensation listed in this resolution 27 may be made through an annual interim review of all 28 legislative employees for internal equity and to 29 assure compliance with appropriate legal standards for 30 granting of overtime and compensatory time off. Such Page 7 1 review shall be conducted by a legislative committee 2 made up of members of the service committee of 3 legislative council and the appropriate salary 4 subcommittees of the senate and house. Only one such 5 review may be done in any fiscal year and adjustments 6 suggested must be approved by the appropriate hiring 7 body. 8 Be It Further Resolved, That the employees of the 9seventy-sixthseventy-seventh general assembly be 10 placed in the following pay grades: 11 EMPLOYEES OF THE HOUSE 12 Sr. Assistant Chief Clerk of the House Grade 41 13 Assistant Chief Clerk of the House III Grade 38 14 Assistant Chief Clerk of the House II Grade 35 15 Assistant Chief Clerk of the House I Grade 32 16 Legal Counsel II Grade 35 17 Legal Counsel I Grade 32 18 Legal Counsel Grade 30 19 Sr. Caucus Staff Director Grade 41 20 Caucus Staff Director Grade 38 21 Administrative Assistant to Leader 22 or Speaker Grade 27 23 Administrative Assistant I to Leader 24 or Speaker Grade 29 25 Administrative Assistant II to Leader 26 or Speaker Grade 32 27 Administrative Assistant III to Leader,28 or Speaker, or Speaker Pro TemporeGrade 35 29 Sr. Administrative Assistant to 30 Leader or Speaker Grade 38 Page 8 1 Research Assistant Grade 24 2 Legislative Research Analyst Grade 27 3 Legislative Research Analyst I Grade 29 4 Legislative Research Analyst II Grade 32 5 Legislative Research Analyst III Grade 35 6 Sr. Legislative Research Analyst Grade 38 7 Secretary to Leader or Speaker Grade 19 8 Caucus Secretary Grade 21 9 Senior Caucus Secretary Grade 24 10 Administrative Secretary to Leader, 11 Speaker, or Chief Clerk Grade 21 12 Executive Secretary to Leader, 13 Speaker or Chief Clerk Grade 24 14 Confidential Secretary to Leader, 15 Speaker, or Chief Clerk Grade 27 16 Clerk to Chief Clerk Grade 16 17 Supervisor of Secretaries Grade 21 18 Supervisor of Secretaries I Grade 24 19 Supervisor of Secretaries II Grade 27 20 Senior Editor Grade 30 21 Editor II Grade 25 22 Editor I Grade 22 23 Assistant Editor Grade 19 24 Compositor/Desk Top Specialist Grade 17 25 Sr. Text Processor Grade 25 26 Text Processor II Grade 22 27 Text Processor I Grade 19 28 Senior Finance Officer Grade 31 29 Finance Officer II Grade 27 30 Finance Officer I Grade 24 Page 9 1 Assistant Finance Officer Grade 21 2 Recording Clerk II Grade 24 3 Recording Clerk I Grade 21 4 Assistant Legal Counsel Grade 27 5 Engrossing & Enrolling Processor Grade 27 6 Assistant to the Legal Counsel Grade 19 7 Indexer II Grade 25 8 Indexer I Grade 22 9 Indexing Assistant Grade 19 10 Supply Clerk Grade 16 11 Switchboard Operator Grade 14 12 Legislative Secretary Grade 15 13 Legislative Committee Secretary Grade 17 14 Bill Clerk Grade 14 15 Assistant Bill Clerk Grade 12 16 Postmaster Grade 12 17 Sergeant-at-Arms Grade 17 18 Assistant Sergeant-at-Arms Grade 14 19 Chief Doorkeeper Grade 12 20 Doorkeepers Grade 11 21 Pages Minimum Wage 22Be It Further Resolved, That authorization for the23position of Administrative Assistant III to Speaker24Pro Tempore ends July 1, 1996.25 EMPLOYEES OF THE SENATE 26 Sr. Assistant Secretary of the Senate Grade 41 27 Assistant Secretary of the Senate III Grade 38 28 Assistant Secretary of the Senate II Grade 35 29 Assistant Secretary of the Senate I Grade 32 30 Legal Counsel II Grade 35 Page 10 1 Legal Counsel I Grade 32 2 Legal Counsel Grade 30 3 Sr. Caucus Staff Director Grade 41 4 Caucus Staff Director Grade 38 5 Administrative Assistant to Leader 6 or President Grade 27 7 Administrative Assistant I to Leader 8 or President Grade 29 9 Administrative Assistant II to Leader 10 or President Grade 32 11 Administrative Assistant III to Leader 12 or President Grade 35 13 Sr. Administrative Assistant to 14 Leader or President Grade 38 15 Research Assistant Grade 24 16 Legislative Research Analyst Grade 27 17 Legislative Research Analyst I Grade 29 18 Legislative Research Analyst II Grade 32 19 Legislative Research Analyst III Grade 35 20 Sr. Legislative Research Analyst Grade 38 21 Caucus Secretary Grade 21 22 Senior Caucus Secretary Grade 24 23 Secretary to Leader or President Grade 19 24 Administrative Secretary to Leader, President, 25President Pro Tempore,or 26 Secretary of the Senate Grade 21 27 Executive Secretary to Leader, President, 28 or Secretary of the Senate Grade 24 29 Confidential Secretary to Leader, President, 30 or Secretary of the Senate Grade 27 Page 11 1 Supervisor of Secretaries Grade 21 2 Supervisor of Secretaries I Grade 24 3 Supervisor of Secretaries II Grade 27 4 Senior Editor Grade 30 5 Editor II Grade 25 6 Editor I Grade 22 7 Assistant Editor Grade 19 8 Compositor/Desk Top Specialist Grade 17 9 Assistant Legal Counsel Grade 27 10 Assistant to the Legal Counsel Grade 19 11 Proofreader Grade 16 12 Senior Finance Officer Grade 31 13 Finance Officer II Grade 27 14 Finance Officer I Grade 24 15 Assistant Finance Officer Grade 21 16 Recording Clerk II Grade 24 17 Recording Clerk I Grade 21 18 Indexer II Grade 25 19 Indexer I Grade 22 20 Indexing Assistant Grade 19 21 Records and Supply Clerk Grade 18 22 Switchboard Operator Grade 14 23 Legislative Secretary Grade 15 24 Legislative Committee Secretary Grade 17 25 Bill Clerk Grade 14 26 Assistant Bill Clerk Grade 12 27 Postmaster Grade 12 28 Sergeant-at-Arms Grade 17 29 Assistant Sergeant-at-Arms Grade 14 30 Chief Doorkeeper Grade 12 Page 12 1 Doorkeepers Grade 11 2 Pages Minimum Wage 3Be It Further Resolved, That authorization for the4position of Administrative Secretary to President Pro5Tempore ends July 1, 1996.6 Be It Further Resolved, That there shall be four 7 classes of appointments as employees of the general 8 assembly: 9 A "permanent full-time" or "permanent part-time" 10 employee is one who is employed the year around and 11 eligible to receive state benefits. 12 An "exempt full-time" employee is one who is 13 employed for the period of the sessions with 14 extensions post-session and pre-session as scheduled. 15 This class is eligible to receive state benefits with 16 the cost of benefits to the state to be paid by the 17 employee when not on the payroll. 18 A "session-only" employee is one who is employed 19 for only a portion of the year, usually the 20 legislative session. This class is not eligible for 21 state benefits, except IPERS, and insurance as 22 provided in section 2.40. 23 A "part-time" employee is one who is employed to 24 work less than 40 hours per week. This class is not 25 eligible for state benefits, except IPERS if eligible. 26 Be It Further Resolved, That the exact 27 classification for individuals in a job series created 28 by this resolution shall be set or changed for senate 29 employees by the senate rules and administration 30 committee and for the house employees by the house Page 13 1 administration and rules committee. The committees 2 shall base the classification upon the following 3 factors: 4 1. The extent of formal education required of the 5 position; and, 6 2. The extent of the responsibilities to be 7 assigned to the position; and, 8 3. The amount of supervision placed over the 9 position; and, 10 4. The number of persons the position is assigned 11 to supervise and skill and responsibilities of those 12 positions supervised. 13 The committees shall report the exact 14 classifications assigned to each individual on the 15 next legislative day, or, if such action is during the 16 interim, on the first day the senate or house shall 17 convene. Any action by the senate or house to 18 disapprove a report or a portion of a report shall be 19 effective the day after the action. 20 Recommendations for a pay grade for a new position 21 shall be developed in accordance with the factor 22 scores in the comparable worth report. Beginning in 2319971999, every four years the senate rules and 24 administration committee, the house administration and 25 rules committee, and the legislative council shall 26 review all positions in the legislative branch to 27 assure conformity to comparable worth. 28 Be It Futher Resolved, That a senator or 29 representative may employ a secretary who in the 30 judgment of the senator or representative employing Page 14 1 such person, possesses the necessary skills to perform 2 the duties such senator or representative shall 3 designate, under the administrative direction, as 4 appropriate, of the secretary of the senate or the 5 chief clerk of the house. 6 Each standing committee chairperson, ethics 7 committee chairperson, and each appropriations 8 subcommittee chairperson shall designate a secretary 9 who is competent to perform the following duties: 10 prepare committee minutes, committee reports, type 11 committee correspondence, maintain committee records, 12 and otherwise assist the committee. Such duties shall 13 be performed in accordance with standards which shall 14 be provided by the secretary of the senate and chief 15 clerk of the house. In making the designation, 16 chairpersons shall consider persons for possible 17 designation as the secretary to the committee in the 18 following order: 19 First: The secretary to the chairperson. 20 Second: The secretary to the committee's vice- 21 chairperson. 22 Third: The secretary to any other member of the 23 committee. 24 Fourth: The secretary to any other member in the 25 same house as the committee. 26 Be It Further Resolved, That a Legal Counsel II 27 shall be a person who has graduated from an accredited 28 school of law and is admitted to practice in Iowa as 29 an Attorney and Counselor at Law and possesses either 30 a Masters of Law degree or has at least two years of Page 15 1 legal experience after admission to practice. 2 A Legal Counsel I shall be a person who has 3 graduated from an accredited school of law and is 4 admitted to practice in Iowa as an Attorney and 5 Counselor at Law. 6 Be It Further Resolved, That employees of the 7 general assembly may be eligible for either: 8 a) increases in salary grade or step based on 9 evaluation of their job performance and 10 recommendations of their administrative officers, 11 subject to approval of the senate committee on rules 12 and administration or the house committee on 13 administration and rules, as appropriate, provided, 14 however, that for promotions between classes with a 15 three or more pay grade difference, the employee shall 16 be given a two-step increase in pay or the employee's 17 salary shall be adjusted to the entry level in the 18 grade of the new position, whichever is greater; or 19 b) mobility within a pay grade at the discretion 20 of the chief clerk of the house upon recommendation by 21 the employee's division supervisor on the part of the 22 house, and the discretion of the employee's division 23 supervisor on the part of the senate, subject to the 24 approval of the house committee on administration and 25 rules or the senate committee on rules and 26 administration, as appropriate _ in accord with the 27 following schedule: 28 (1) Progression from step "1" to "2" for a newly 29 hired employee - six months of actual employment. 30 (2) Progression from step "1" to "2" following Page 16 1 promotion within a job series - twelve months of 2 actual employment in that position. 3 (3) Progression from step "2" to "3", and step "3" 4 to "4", and step "4" to "5", and step "5" to "6" - 5 twelve months of actual employment. 6 Be It Further Resolved, that in addition to the 7 steps provided in the preceding paragraph, that 8 secretaries to senators and representatives who were 9 employees of the senate or house of representatives 10 during any general assembly prior to January 9, 1989, 11 and who have received certification for passing a 12 typing and shorthand performance examination shall be 13 eligible for two additional steps. 14 Be It Further Resolved, That in addition to the 15 steps provided in the preceding paragraph, that 16 secretaries to senators and representatives shall be 17 eligible for a maximum of three additional grades 18 beyond grade 15, in any combination, as provided in 19 this paragraph: 20 1. One additional grade for a secretary to a 21 standing committee chair, ethics committee chair or 22 appropriations subcommittee chair who is not the 23 designated committee secretary. 24 2. One additional grade for a secretary to a vice- 25 chairperson or ranking member of a standing committee, 26 ethics committee or appropriations subcommittee. 27 3. One additional grade for a secretary to the 28 chairperson of the chaplain's committee. 29 4. Two additional grades for a secretary to an 30 assistant floor leader or speaker pro tempore or Page 17 1 president pro tempore. 2 5. One additional grade for a designated committee 3 secretary who is also the designated committee 4 secretary for an additional standing committee, ethics 5 committee, or appropriations subcommittee. 6 Be It Further Resolved, Thatin the event the7secretary to the chairperson of the chaplain's8committee is the secretary to the president, speaker,9or the majority or minority leader, such secretary10shall receive one additional stepa legislative 11 employee designated to assist the chairperson of the 12 chaplain's committee in the committee's duties shall 13 receive one additional step. 14 Be It Further Resolved, That the entrance salary 15 for employees of the general assembly shall be at step 16 1 in the grade of the position held. Such employee 17 may be hired above the entrance step if possessing 18 outstanding and unusual experience for the position, 19 provided that the entrance is not beyond step 3. Such 20 employee who is hired above the entrance step shall be 21 mobile above that step in the same period of time as 22 other employees in that same step. An officer or 23 employee who is moved to another position may be 24 considered for partial or full credit for their 25 experience in the former position in determining the 26 step in the new grade. 27 The entry level for the position of research 28 analyst shall be Legislative Research Analyst, unless 29 extraordinary conditions justify increasing that entry 30 level; however, that entry level may not be increased Page 18 1 beyond Legislative Research Analyst I. A research 2 analyst must have shown knowledge of legislative rules 3 and procedures as well as the Code of Iowa to be 4 considered at any level above a Legislative Research 5 Analyst. 6 Be It Further Resolved, That a pay increase for 7 employees of one step within the pay grade for the 8 position may be made for exceptionally meritorious 9 service in addition to step increases provided for in 10 this resolution, at the discretion of the chief clerk 11 upon recommendation by the employee's division 12 supervisor on the part of the house, and upon 13 recommendation by the employee's division supervisor 14 on the part of the senate, and the approval of the 15 senate committee on rules and administration or the 16 house committee on administration and rules. 17 Exceptionally meritorious service pay increases shall 18 be governed by the following: 19 a. The employee must have served in the position 20 for at least twelve months; 21 b. Written justification, setting forth in detail 22 the nature of the exceptionally meritorious service 23 rendered, must be submitted to the senate rules and 24 administration committee or house administration and 25 rules committee and approved in advance of granting 26 the pay increase; 27 c. No more than one exceptionally meritorious 28 service pay increase may be granted in any twelve- 29 month period. 30 d. Such meritorious service pay increase shall not Page 19 1 be granted beyond the six-step maximum for that 2 position. 3 Be It Further Resolved, That the senate rules and 4 administration committee and the house administration 5 and rules committee shall both hire officers and 6 employees for their respective bodies and fill any 7 vacancies which may occur, to be effective at such 8 time as they shall set. The committee shall report 9 the names of those it has hired for the positions 10 specified in this resolution or the filling of any 11 vacancies on the next legislative day or, if such 12 action is during the interim, on the first day the 13 senate or house shall convene. Any action by the 14 senate or house to amend or disapprove a report or a 15 portion of a report shall be effective the day after 16 the action. 17 The chief clerk of the house shall submit to the 18 house committee on administration and rules and the 19 secretary of the senate shall submit to the senate 20 committee on rules and administration the list of 21 names, or amendments thereto, of employee 22 classifications and recommended pay step for each 23 officer and employee. Such list shall include 24 recommendations for the pay step for all employees. 25 Each respective committee shall approve or amend the 26 list of recommended classifications and pay steps and 27 publish said list in the journal. 28 Be It Further Resolved, That permanent employees of 29 the general assembly shall receive vacation 30 allowances, sick leave, health and accident insurance, Page 20 1 life insurance, and disability income insurance as are 2 provided for full-time permanent state employees. The 3 computations shall be maintained by the finance 4 officers in each house and coordinated with the 5 department of revenue and finance. 6 Be It Further Resolved, That should any employee 7 have a grievance, the grievance shall be resolved as 8 provided by procedures determined by the senate rules 9 and administration committee for senate employees or 10 the house administration and rules committee for house 11 employees. 12 Be It Further Resolved, That the general assembly 13 adopt a resolution similar to this resolution which 14 provides for the compensation and benefits of all 15 legislative central staff agency employees for the 16seventy-sixthseventy-seventh general assembly. The 17 resolution shall be adopted as soon as practicable 18 after the convening of the seventy-sixth general 19 assembly, and published in the journals of the senate 20 and house. 21 Be It Further Resolved, That the compensation of 22 chaplains officiating at the opening of the daily 23 sessions of the house of representatives and the 24 senate of theseventy-sixthseventy-seventh general 25 assembly be fixed at ten dollars for each house of the 26 general assembly, and that mileage for chaplains be 27 fixed at the rate oftwenty-onetwenty-four cents per 28 mile to and from the State Capitol. Rants of Woodbury offered the following amendment H-1976 filed by the committee on administration and rules, filed from the floor and moved its adoption: H-1976 1 Amend Senate Concurrent Resolution 1, as passed by 2 the Senate, as follows: 3 1. Page 17, by striking lines 6 through 13 and 4 inserting the following: 5 "BE IT FURTHER RESOLVED, That in the event the 6 secretary to the chairperson of the chaplain's 7 committee is the secretary to the president, president 8 pro tempore, speaker, speaker pro tempore, or the 9 majority or minority leader, such secretary shall 10 receive one additional step." The committee amendment H-1976 was adopted. Rants of Woodbury moved the adoption of Senate Concurrent Resolution 1, as amended. The motion prevailed and the resolution, as amended, was adopted. IMMEDIATE MESSAGE Barry of Harrison asked and received unanimous consent that Senate Concurrent Resolution 1 be immediately messaged to the Senate. SENATE AMENDMENT CONSIDERED Drake of Pottawattamie called up for consideration House File 266, a bill for an act relating to the administration of state individual income, corporate, motor fuel, and other taxes; property taxes, property tax credits and replacement claims; sales, services, and use taxes; tax refund setoffs; and other duties of the department and director of revenue and finance; providing a penalty; and providing a retroactive applicability date provision, amended by the Senate amendment H-1957 as follows: H-1957 1 Amend House File 266, as passed by the House, as 2 follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "Section 1. Section 321.19, subsection 1, 6 unnumbered paragraph 2, Code 1997, is amended to read 7 as follows: 8 The department shall furnish, on application, free 9 of charge, distinguishing plates for vehicles thus 10 exempted, which plates except plates on Iowa highway 11 safety patrol vehicles shall bear the word "official" 12 and the department shall keep a separate record. 13 Registration plates issued for Iowa highway safety 14 patrol vehicles, except unmarked patrol vehicles, 15 shall bear two red stars on a yellow background, one 16 before and one following the registration number on 17 the plate, which registration number shall be the 18 officer's badge number. Registration plates issued 19 for a county sheriff's patrol vehicles shall display 20 one seven-pointed gold star followed by the letter "S" 21 and the call number of the vehicle. However, the 22 director of general services or the director of 23 transportation may order the issuance of regular 24 registration plates for any exempted vehicle used by 25 peace officers in the enforcement of the law, persons 26 enforcing chapter 124 and other laws relating to 27 controlled substances, persons in the department of 28 justice, the alcoholic beverages division of the 29 department of commerce,andthe department of 30 inspections and appeals, and the department of revenue 31 and finance, who are regularly assigned to conduct 32 investigations which cannot reasonably be conducted 33 with a vehicle displaying "official" state 34 registration plates, and persons in the lottery 35 division of the department of revenue and finance 36 whose regularly assigned duties relating to security 37 or the carrying of lottery tickets cannot reasonably 38 be conducted with a vehicle displaying "official" 39 registration plates. For purposes of sale of exempted 40 vehicles, the exempted governmental body, upon the 41 sale of the exempted vehicle, may issue for in-transit 42 purposes a pasteboard card bearing the words "Vehicle 43 in Transit", the name of the official body from which 44 the vehicle was purchased, together with the date of 45 the purchase plainly marked in at least one-inch 46 letters, and other information required by the 47 department. The in-transit card is valid for use only 48 within forty-eight hours after the purchase date as 49 indicated on the bill of sale which shall be carried 50 by the driver. Page 2 1 Sec. 2. Section 331.427, subsection 1, unnumbered 2 paragraph 1, Code 1997, is amended to read as follows: 3 Except as otherwise provided by state law, county 4 revenues from taxes and other sources for general 5 county services shall be credited to the general fund 6 of the county, including revenues received under 7 sections 101A.3, 101A.7, 123.36, 123.143, 142B.6, 8 176A.8, 321.105, 321.152, 321G.7, 331.554, subsection 9 6, 341A.20, 364.3, 368.21,422.65,422A.2, 428A.8, 10 430A.3, 433.15, 434.19, 445.57, 453A.35, 458A.21, 11 483A.12, 533.24, 556B.1, 567.10, 583.6, 602.8108, 12 904.908, and 906.17, and chapter 405A, and the 13 following: 14 Sec. 3. NEW SECTION. 405A.10 FRANCHISE TAX 15 REVENUE ALLOCATION. 16 For the fiscal year beginning July 1, 1997, and 17 each subsequent fiscal year, there is appropriated 18 from the general fund of the state to the department 19 of revenue and finance the sum of eight million eight 20 hundred thousand dollars which shall be paid quarterly 21 on warrants by the director as allocated pursuant to 22 section 422.65. 23 Sec. 4. Section 421.4, Code 1997, is amended to 24 read as follows: 25 421.4 DEPUTIES. 26 The director may appoint deputy directors and may 27 designate one or more of the deputies as acting 28 director. A deputy designated to serve in the absence 29 of the director has all of the powers possessed by the 30 director. The director may employ certified public 31 accountants, engineering and technical assistants, and 32 other employees, or independent contractors necessary 33 to protect the interests of the state and any 34 political subdivision. 35 Sec. 5. Section 421.17, subsection 21, paragraph 36 b, subparagraph (3), Code 1997, is amended to read as 37 follows: 38 (3) The child support recovery unit, the foster 39 care recovery unit, and the investigations division of 40 the department of inspections and appeals shall, at 41 least annually, submit to the department of revenue 42 and finance for setoff the debts described in this 43 subsection,which are at least fifty dollars44 constituting a minimum amount determined by rule of 45 the department of revenue and finance, on a date to be 46 specified by the department of human services and the 47 department of inspections and appeals by rule. 48 Sec. 6. Section 421.17, Code 1997, is amended by 49 adding the following new subsection: 50 NEW SUBSECTION. 22A. To develop, modify, or Page 3 1 contract with vendors to create or administer systems 2 or programs which identify nonfilers of returns or 3 nonpayers of taxes administered by the department. 4 Fees for services, reimbursements, or other 5 remuneration paid under contract may be funded from 6 the amount of tax, penalty, interest, or fees actually 7 collected and shall be paid only after the amount is 8 collected. An amount is appropriated from the amount 9 of tax, penalty, interest, and fees actually 10 collected, not to exceed the amount collected, which 11 are sufficient to pay for services, reimbursement, or 12 other remuneration pursuant to this subsection. 13 Vendors entering into a contract with the department 14 pursuant to this subsection are subject to the 15 requirements and penalties of the confidentiality laws 16 of this state regarding tax information. 17 Sec. 7. Section 421.17, subsection 23, paragraphs 18 c, d, and g, Code 1997, are amended to read as 19 follows: 20 c. The college student aid commission shall, at 21 least annually, submit to the department of revenue 22 and finance for setoff the guaranteed student loan 23 defaults,which are at least fifty dollars24 constituting a minimum amount set by rule of the 25 department of revenue and finance, on a date or dates 26 to be specified by the college student aid commission 27 by rule. 28 d. Upon submission of a claim, the department of 29 revenue and finance shall notify the college student 30 aid commission whether the defaulter is entitled to a 31 refund or rebate ofat least fifty dollarsthe minimum 32 amount set by rule of the department and if so 33 entitled shall notify the commission of the amount of 34 the refund or rebate and of the defaulter's address on 35 the income tax return. Section 422.72, subsection 1, 36 does not apply to this paragraph. 37 g. The department of revenue and finance shall, 38 after notice has been sent to the defaulter by the 39 college student aid commission, set off the amount of 40 the default against the defaulter's income tax refund 41 or rebateif both the amount of the default and the42refund or rebate are at least fifty dollars43 constituting a minimum amount set by rule of the 44 department. The department shall refund any balance 45 of the income tax refund or rebate to the defaulter. 46 The department of revenue and finance shall 47 periodically transfer the amount set off to the 48 college student aid commission. If the defaulter 49 gives written notice of intent to contest the claim, 50 the commission shall hold the refund or rebate until Page 4 1 final disposition of the contested claim pursuant to 2 chapter 17A or by court judgment. The commission 3 shall notify the defaulter in writing upon completion 4 of setoff. 5 Sec. 8. Section 421.17, subsection 25, paragraph 6 c, Code 1997, is amended to read as follows: 7 c. The clerk of the district court, on the first 8 day of February and August of each calendar year, 9 shall submit to the department for setoff the debts 10 described in this subsection,which are at least fifty11dollarsconstituting a minimum amount set by rule of 12 the department. 13 Sec. 9. Section 421.17, subsection 29, paragraphs 14 a and e, Code 1997, are amended to read as follows: 15 a. For purposes of this subsection unless the 16 context requires otherwise: 17 (1) "State agency" means a board, commission, 18 department, including the department of revenue and 19 finance, or other administrative office or unit of the 20 state of Iowa or any other state entity reported in 21 the Iowa comprehensive annual financial report. The 22 term "state agency" does not include the general 23 assembly, the governor, or any political subdivision 24 of the state, or its offices and units. 25 (2) "Department" means the department of revenue 26 and finance and any other state agency that maintains 27 a separate accounting system and elects to establish a 28 debt collection setoff procedure for collection of 29 debts owed to the state or its agencies. 30 (3) The term "person" does not include a state 31 agency. 32 e. Before setoff, the amount of a person's claim 33 on a state agency and the amount of a person's 34 liability to a state agency shallbe at least fifty35dollarsconstitute a minimum amount set by rule of the 36 department. 37 Sec. 10. NEW SECTION. 421.61 UNCONSTITUTIONALLY 38 WITHHELD TAX BENEFITS. 39 If a provision in the Code grants a tax benefit to 40 taxpayers that is unconstitutionally withheld from 41 other taxpayers as expressed in an Iowa attorney 42 general's opinion based upon decisions of the Iowa 43 supreme court, United States supreme court, or other 44 courts of competent jurisdiction, the tax benefit 45 shall also be granted to the adversely affected 46 taxpayers as if the unconstitutional provision did not 47 exist. 48 Sec. 11. Section 422.5, subsection 1, paragraph j, 49 subparagraph (2), unnumbered paragraph 1, Code 1997, 50 is amended to read as follows: Page 5 1 The tax imposed upon the taxable income of a 2 resident shareholder in a value-added corporation 3 which has in effect for the tax year an election under 4 subchapter S of the Internal Revenue Code and carries 5 on business within and without the state may be 6 computed by reducing the amount determined pursuant to 7 paragraphs "a" through "i" by the amounts of 8 nonrefundable credits under this division and by 9 multiplying this resulting amount by a fraction of 10 which the resident's net income allocated to Iowa, as 11 determined in section 422.8, subsection 2, paragraph 12 "b", is the numerator and the resident's total net 13 income computed under section 422.7 is the 14 denominator. If a resident shareholder has elected to 15 take advantage of this subparagraph, and for the next 16 tax year elects not to take advantage of this 17 subparagraph, the resident shareholder shall not 18 reelect to take advantage of this subparagraph for the 19 three tax years immediately following the first tax 20 year for which the shareholder elected not to take 21 advantage of this subparagraph, unless the director 22 consents to the reelection. Thisparagraph23 subparagraph also applies to individuals who are 24 residents of Iowa for less than the entire tax year. 25 Sec. 12. Section 422.20, subsection 3, unnumbered 26 paragraph 1, Code 1997, is amended to read as follows: 27 Unless otherwise expressly permitted by section 28 421.17, subsections 21, 22, 22A, 23, 25, 29, and 32, 29 sections 252B.9, 421.19, 421.28, 422.72, and 452A.63, 30 and this section, a tax return, return information, or 31 investigative or audit information shall not be 32 divulged to any person or entity, other than the 33 taxpayer, the department, or internal revenue service 34 for use in a matter unrelated to tax administration. 35 Sec. 13. Section 422.32, subsection 4, Code 1997, 36 is amended to read as follows: 37 4. "Corporation" includes joint stock companies, 38 and associations organized for pecuniary profit, and 39publicly tradedpartnerships and limited liability 40 companies taxed as corporations under the Internal 41 Revenue Code. 42 Sec. 14. Section 422.42, subsections 1 and 14, 43 Code 1997, are amended to read as follows: 44 1. "Agricultural production" includes the 45 production of flowering, ornamental, or vegetable 46 plants in commercial greenhouses or otherwise and 47 production from aquaculture. "Agricultural products" 48 include flowering, ornamental, or vegetable plants and 49 those products of aquaculture. 50 14. "Retail sale" or "sale at retail" means the Page 6 1 sale to a consumer or to any person for any purpose, 2 other than for processing, for resale of tangible 3 personal property or taxable services, or for resale 4 of tangible personal property in connection with 5 taxable services; and includes the sale of gas, 6 electricity, water, and communication service to 7 retail consumers or users; but does not include 8 agricultural breeding livestock and domesticated fowl; 9 and does not include commercial fertilizer, 10 agricultural limestone, herbicide, pesticide, 11 insecticide, food, medication, or agricultural drain 12 tile, including installation of agricultural drain 13 tile, any of which are to be used in disease control, 14 weed control, insect control, or health promotion of 15 plants or livestock produced as part of agricultural 16 production for market; and does not include 17 electricity, steam, or any taxable service when 18 purchased and used in the processing of tangible 19 personal property intended to be sold ultimately at 20 retail. When used by a manufacturer of food products, 21 carbon dioxide in a liquid, solid, or gaseous form, 22 electricity, steam, and other taxable services are 23 sold for processing when used to produce marketable 24 food products for human consumption, including but not 25 limited to, treatment of material to change its form, 26 context, or condition, in order to produce the food 27 product, maintenance of quality or integrity of the 28 food product, changing or maintenance of temperature 29 levels necessary to avoid spoilage or to hold the food 30 product in marketable condition, maintenance of 31 environmental conditions necessary for the safe or 32 efficient use of machinery and material used to 33 produce the food product, sanitation and quality 34 control activities, formation of packaging, placement 35 into shipping containers, and movement of the material 36 or food product until shipment from the building of 37 manufacture. Tangible personal property is sold for 38 processing within the meaning of this subsection only 39 when it is intended that the property will, by means 40 of fabrication, compounding, manufacturing, or 41 germination become an integral part of other tangible 42 personal property intended to be sold ultimately at 43 retail; or will be consumed as fuel in creating heat, 44 power, or steam for processing including grain drying, 45 or for providing heat or cooling for livestock 46 buildings or for greenhouses or buildings or parts of 47 buildings dedicated to the production of flowering, 48 ornamental, or vegetable plants intended for sale in 49 the ordinary course of business, or for use in 50 cultivation of agricultural products by aquaculture, Page 7 1 or for generating electric current, or in implements 2 of husbandry engaged in agricultural production; or 3 the property is a chemical, solvent, sorbent, or 4 reagent, which is directly used and is consumed, 5 dissipated, or depleted, in processing personal 6 property which is intended to be sold ultimately at 7 retail or consumed in the maintenance or repair of 8 fabric or clothing, and which may not become a 9 component or integral part of the finished product. 10 The distribution to the public of free newspapers or 11 shoppers guides is a retail sale for purposes of the 12 processing exemption. 13 Sec. 15. Section 422.43, Code 1997, is amended by 14 adding the following new subsection: 15 NEW SUBSECTION. 12. A tax of five percent is 16 imposed upon the gross receipts from the sales of 17 prepaid telephone calling cards and prepaid 18 authorization numbers. For the purpose of this 19 division, the sales of prepaid telephone calling cards 20 and prepaid authorization numbers are sales of 21 tangible personal property. 22 Sec. 16. Section 422.45, subsection 7, unnumbered 23 paragraph 1, Code 1997, is amended to read as follows: 24 A private nonprofit educational institution in this 25 state, nonprofit private museum in this state, tax- 26 certifying or tax-levying body or governmental 27 subdivision of the state, including the state board of 28 regents, state department of human services, state 29 department of transportation, a municipally owned 30 solid waste facility which sells all or part of its 31 processed waste as fuel to a municipally owned public 32 utility, and all divisions, boards, commissions, 33 agencies, or instrumentalities of state, federal, 34 county, or municipal government which do not have 35 earnings going to the benefit of an equity investor or 36 stockholder, may make application to the department 37 for the refund of the sales, services, or use tax upon 38 the gross receipts of all sales of goods, wares, or 39 merchandise, or from services rendered, furnished, or 40 performed, to a contractor, used in the fulfillment of 41 a written contract with the state of Iowa, any 42 political subdivision of the state, or a division, 43 board, commission, agency, or instrumentality of the 44 state or a political subdivision, a private nonprofit 45 educational institution in this state, or a nonprofit 46 private museum in this state if the property becomes 47 an integral part of the project under contract and at 48 the completion of the project becomes public property, 49 is devoted to educational uses, or becomes a nonprofit 50 private museum; except goods, wares, or merchandise, Page 8 1 or services rendered, furnished, or performed used in 2 the performance of any contract in connection with the 3 operation of any municipal utility engaged in selling 4 gas, electricity, or heat to the general public or in 5 connection with the operation of a municipal pay 6 television system; and except goods, wares, and 7 merchandise used in the performance of a contract for 8 a "project" under chapter 419 as defined in that 9 chapter other than goods, wares, or merchandise used 10 in the performance of a contract for a "project" under 11 chapter 419 for which a bond issue was approved by a 12 municipality prior to July 1, 1968, or for which the 13 goods, wares, or merchandise becomes an integral part 14 of the project under contract and at the completion of 15 the project becomes public property or is devoted to 16 educational uses. 17 Sec. 17. Section 422.45, subsection 18, Code 1997, 18 is amended to read as follows: 19 18. Gross receipts from the sale of tangible 20 personal property, except vehicles subject to 21 registration, to a person regularly engaged in the 22 business of leasing if the period of the lease is for 23 more thanone yearfive months, or in the consumer 24 rental purchase business if the property is to be 25 utilized in a transaction involving a consumer rental 26 purchase agreement as defined in section 537.3604, 27 subsection 8, and the leasing or consumer rental of 28 the property is subject to taxation under this 29 division. If tangible personal property exempt under 30 this subsection is made use of for any purpose other 31 than leasing, renting, or consumer rental purchase, 32 the person claiming the exemption under this 33 subsection is liable for the tax that would have been 34 due except for this subsection. The tax shall be 35 computed upon the original purchase price. The 36 aggregate of the tax paid on the leasing, renting, or 37 rental purchase of such tangible personal property, 38 not to exceed the amount of the sales tax owed, shall 39 be credited against the tax. This sales tax is in 40 addition to any sales or use tax that may be imposed 41 as a result of the disposal of such tangible personal 42 property. 43 Sec. 18. Section 422.45, subsection 39, paragraphs 44 a and c, Code 1997, are amended to read as follows: 45 a. The implement, machinery, or equipment is 46 directly and primarily used in livestock or dairy 47 production, use in aquaculture production, or in the 48 production of flowering, ornamental, or vegetable 49 plants. 50 c. The replacement part is essential to any repair Page 9 1 or reconstruction necessary to the farm machinery's or 2 equipment's exempt use in livestock or dairy 3 production, use in aquaculture production, or in the 4 production of flowering, ornamental, or vegetable 5 plants. 6 Sec. 19. Section 422.47, subsection 4, paragraph 7 f, Code 1997, is amended to read as follows: 8 f. In this section, "fuel" includes gas, 9 electricity, water, heat, steam, and any other 10 tangible personal property consumed in creating heat, 11 power, or steam. In this section, "fuel consumed in 12 processing" means fuel used or disposed of for 13 processing including grain drying, for providing heat 14 or cooling for livestock buildings or for greenhouses 15 or buildings or parts of buildings dedicated to the 16 production of flowering, ornamental, or vegetable 17 plants intended for sale in the ordinary course of 18 business, for use in aquaculture production, or for 19 generating electric current, or in implements of 20 husbandry engaged in agricultural production. In this 21 subsection, "fuel exemption certificate" means an 22 exemption certificate given by the purchaser under 23 penalty of perjury to assist retailers in properly 24 accounting for nontaxable sales of fuel consumed in 25 processing. In this subsection, "substantial change" 26 means a change in the use or disposition of tangible 27 personal property and services by the purchaser such 28 that the purchaser pays less than ninety percent of 29 the purchaser's actual sales tax liability. A change 30 includes a misstatement of facts in an application 31 made pursuant to paragraph "c" or in a fuel exemption 32 certificate. 33 Sec. 20. Section 422.53, Code 1997, is amended by 34 adding the following new subsection: 35 NEW SUBSECTION. 8. a. Except as provided in 36 paragraph "b", purchasers, users, and consumers of 37 tangible personal property or enumerated services 38 taxed pursuant to this division, chapter 423, or 39 chapter 422B, may be authorized, pursuant to rules 40 adopted by the director, to remit tax owed directly to 41 the department instead of the tax being collected and 42 paid by the seller. To qualify for a direct pay tax 43 permit, the purchaser, user, or consumer must accrue a 44 tax liability of more than four thousand dollars in 45 tax under this division and chapter 423, in a 46 semimonthly period and make deposits and file returns 47 pursuant to section 422.52. This authority shall not 48 be granted or exercised except upon application to the 49 director and then only after issuance by the director 50 of a direct pay tax permit. Page 10 1 b. The granting of a direct pay tax permit is not 2 authorized for any of the following: 3 (1) Taxes imposed on the sales, furnishing, or 4 service of gas, electricity, water, heat, pay 5 television service, and communication service. 6 (2) Taxes imposed under sections 423.7 and 423.7A 7 and chapter 422C. 8 Sec. 21. Section 422.65, Code 1997, is amended to 9 read as follows: 10 422.65 ALLOCATION OF REVENUE. 11 All moneys received from the franchise tax shall be 12 deposited in the state general fund.Commencing with13the fiscal year beginning July 1, 1993, there is14appropriated for each fiscal year from the franchise15tax money received and deposited in the state general16fund the sum of eight million eight hundred thousand17dollars which shall be paid quarterly on warrants by18the director, after certification by the director,19 Franchise tax moneys appropriated in section 405A.10 20 are allocated as follows: 21 1. Sixty percent to the general fund of the city 22 from which the tax is collected. 23 2. Forty percent to the county from which the tax 24 is collected. 25 If the financial institution maintains one or more 26 offices for the transaction of business, other than 27 its principal office, a portion of its franchise tax 28 shall be allocated to each office, based upon a 29 reasonable measure of the business activity of each 30 office. The director shall prescribe, for each type 31 of financial institution, a method of measuring the 32 business activity of each office. Financial 33 institutions shall furnish all necessary information 34 for this purpose at the request of the director. 35Quarterly, the director shall certify to the36treasurer of state the amounts to be paid to each city37and county from the state general fund. All moneys38received from the franchise tax are appropriated39according to the provisions of this section.40 Sec. 22. Section 422.72, subsection 3, unnumbered 41 paragraph 1, Code 1997, is amended to read as follows: 42 Unless otherwise expressly permitted by section 43 421.17, subsections 21, 22, 22A, 23, 25, 29, and 32, 44 sections 252B.9, 421.19, 421.28, 422.20, and 452A.63, 45 and this section, a tax return, return information, or 46 investigative or audit information shall not be 47 divulged to any person or entity, other than the 48 taxpayer, the department, or internal revenue service 49 for use in a matter unrelated to tax administration. 50 Sec. 23. Section 422.72, Code 1997, is amended by Page 11 1 adding the following new subsection: 2 NEW SUBSECTION. 7. Notwithstanding subsection 3, 3 the director shall provide state tax returns and 4 return information in response to a subpoena issued by 5 the court pursuant to rule of criminal procedure 5 6 commanding the appearance before the attorney general 7 or an assistant attorney general if the subpoena is 8 accompanied by affidavits from such person and from a 9 sworn peace officer member of the department of public 10 safety affirming that the information is necessary for 11 the investigation of a felony violation of chapter 124 12 or chapter 706B. The affidavits accompanying the 13 subpoenas and the information provided by the director 14 shall remain a confidential record which may be 15 disseminated only to a prosecutor or peace officer 16 involved in the investigation, or to the taxpayer who 17 filed the information and to the court in connection 18 with the filing of criminal charges or institution of 19 a forfeiture action. A person who knowingly files a 20 false affidavit with the director to secure 21 information or who divulges information received under 22 this subsection in a manner prohibited by this 23 subsection commits a serious misdemeanor. 24 Sec. 24. Section 423.1, subsection 8, Code 1997, 25 is amended to read as follows: 26 8. "Retailer maintaining a place of business in 27 this state" or any like term includes any retailer 28 having or maintaining within this state, directly or 29 by a subsidiary, an office, distribution house, sales 30 house, warehouse, or other place of business, or any 31agentrepresentative operating within this state under 32 the authority of the retailer or its subsidiary, 33 irrespective of whethersuchthat place of business or 34agentrepresentative is located here permanently or 35 temporarily, or whether the retailer or subsidiary is 36 admitted to do business within this state pursuant to 37 chapter 490. 38 Sec. 25. Section 423.25, Code 1997, is amended to 39 read as follows: 40 423.25 TAXATION IN ANOTHER STATE. 41 If any person who causes tangible personal property 42 to be brought into this state or who uses in this 43 state services enumerated in section 422.43 has 44 already paid a tax in another state in respect to the 45 sale or use of the property or the performance of the 46 service, or an occupation tax in respect to the 47 property or service, in an amount less than the tax 48 imposed by this title, the provisions of this title 49 shall apply, but at a rate measured by the difference 50 only between the rate fixed in this title and the rate Page 12 1 by which the previous tax on the sale or use, or the 2 occupation tax, was computed. If the tax imposed and 3 paid in the other state is equal to or more than the 4 tax imposed by this title, then a tax is not due in 5 this state on the personal property or service. 6 Sec. 26. Section 425.7, subsection 3, Code 1997, 7 is amended to read as follows: 8 3. If the director of revenue and finance 9 determines that a claim for homestead credit has been 10 allowed by the board of supervisors which is not 11 justifiable under the law and not substantiated by 12 proper facts, the director may, at any time within 13 thirty-six months from July 1 of the year in which the 14 claim is allowed, set aside the allowance. Notice of 15 the disallowance shall be given to the county auditor 16 of the county in which the claim has been improperly 17 granted and a written notice of the disallowance shall 18 also be addressed to the claimant at the claimant's 19 last known address. The claimant or board of 20 supervisors may appeal to the state board of tax 21 review pursuant to section 421.1, subsection 4. The 22 claimant or the board of supervisors may seek judicial 23 review of the action of thedirector of revenue and24financestate board of tax review in accordance with 25the Iowa administrative procedure Actchapter 17A. 26 If a claim is disallowed by the director of revenue 27 and finance and not appealed to the state board of tax 28 review or appealed to and upheld by the state board of 29 tax review and a petition for judicial review is not 30 filed with respect to the disallowance, any amounts of 31 credits allowed and paid from the homestead credit 32 fund including the penalty, if any, become a lien upon 33 the property on which credit was originally granted, 34 if still in the hands of the claimant, and not in the 35 hands of a bona fide purchaser, and any amount so 36 erroneously paid including the penalty, if any, shall 37 be collected by the county treasurer in the same 38 manner as other taxes and the collections shall be 39 returned to the department of revenue and finance and 40 credited to the homestead credit fund. The director 41 of revenue and finance may institute legal proceedings 42 against a homestead credit claimant for the collection 43 of payments made on disallowed credits and the 44 penalty, if any. If a homestead credit is disallowed 45 and the claimant failed to give written notice to the 46 assessor as required by section 425.2 when the 47 property ceased to be used as a homestead by the 48 claimant, a civil penalty equal to fifty percent of 49 the amount of the disallowed credit is assessed 50 against the claimant. Page 13 1 Sec. 27. Section 426A.6, Code 1997, is amended to 2 read as follows: 3 426A.6 SETTING ASIDE ALLOWANCE. 4 If the director of revenue and finance determines 5 that a claim for military service tax exemption has 6 been allowed by a board of supervisors which is not 7 justifiable under the law and not substantiated by 8 proper facts, the director may, at any time within 9 thirty-six months from July 1 of the year in which the 10 claim is allowed, set aside the allowance. Notice of 11 the disallowance shall be given to the county auditor 12 of the county in which the claim has been improperly 13 granted and a written notice of the disallowance shall 14 also be addressed to the claimant at the claimant's 15 last known address. The claimant or the board of 16 supervisors may appeal to the state board of tax 17 review pursuant to section 421.1, subsection 4. The 18 claimant or the board of supervisors may seek judicial 19 review of the action of thedirector of revenue and20financestate board of tax review in accordance with 21 chapter 17A. If a claim is disallowed by the director 22 of revenue and finance and not appealed to the state 23 board of tax review or appealed to and upheld by the 24 state board of tax review and a petition for judicial 25 review is not filed with respect to the disallowance, 26 the credits allowed and paid from the general fund of 27 the state become a lien upon the property on which the 28 credit was originally granted, if still in the hands 29 of the claimant and not in the hands of a bona fide 30 purchaser, the amount so erroneously paid shall be 31 collected by the county treasurer in the same manner 32 as other taxes, and the collections shall be returned 33 to the department of revenue and finance and credited 34 to the general fund of the state. The director of 35 revenue and finance may institute legal proceedings 36 against a military service tax exemption claimant for 37 the collection of payments made on disallowed 38 exemptions. 39 Sec. 28. Section 426B.1, subsection 1, Code 1997, 40 is amended to read as follows: 41 1. A property tax relief fund is created in the 42 state treasury under the authority of the department 43 ofrevenue and financehuman services. The fund shall 44 be separate from the general fund of the state and 45 shall not be considered part of the general fund of 46 the state except in determining the cash position of 47 the state for payment of state obligations. The 48 moneys in the fund are not subject to the provisions 49 of section 8.33 and shall not be transferred, used, 50 obligated, appropriated, or otherwise encumbered Page 14 1 except as provided in this chapter. Moneys in the 2 fund may be used for cash flow purposes, provided that 3 any moneys so allocated are returned to the fund by 4 the end of each fiscal year. However, the fund shall 5 be considered a special account for the purposes of 6 section 8.53, relating to elimination of any GAAP 7 deficit. For the purposes of this chapter, unless the 8 context otherwise requires, "property tax relief fund" 9 means the property tax relief fund created in this 10 section. 11 Sec. 29. Section 426B.4, Code 1997, is amended to 12 read as follows: 13 426B.4 RULES. 14 The council on human services shall consult with 15 the state-county management committee created in 16 section 331.438 and the director ofrevenue and17financehuman services in prescribing forms and 18 adopting rules pursuant to chapter 17A to administer 19 this chapter. 20 Sec. 30. Section 427.1, subsection 16, Code 1997, 21 is amended to read as follows: 22 16. REVOKING EXEMPTION. Any taxpayer or any 23 taxing district may make application to the director 24 of revenue and finance for revocation for any 25 exemption, based upon alleged violations of this 26 chapter. The director of revenue and finance may also 27 on the director's own motion set aside any exemption 28 which has been granted upon property for which 29 exemption is claimed under this chapter. The director 30 of revenue and finance shall give notice by mail to 31 the taxpayer or taxing district applicant and to the 32 societies or organizations claiming an exemption upon 33 property, exemption of which is questioned before or 34 by the director of revenue and finance,and shall hold 35 a hearing prior to issuing any order for revocation. 36 An order made by the director of revenue and finance 37 revoking or modifying an exemption is subject to 38 judicial review in accordance with chapter 17A, the 39 Iowa administrative procedure Act. Notwithstanding 40 the terms of that Act, petitions for judicial review 41 may be filed in the district court having jurisdiction 42 in the county in which the property is located, and 43 must be filed within thirty days after any order 44 revoking an exemption is made by the director of 45 revenue and finance. 46 Sec. 31. Section 427.5, unnumbered paragraphs 1 47 and 2, Code 1997, are amended to read as follows: 48 A person named in section 427.3, who is a resident 49 of and domiciled in the state of Iowa, shall receive a 50 reduction equal to the exemption, to be made from any Page 15 1 property owned by the person or owned by a family farm 2 corporation of which the person is a shareholder and 3 who occupies the property and so designated by 4 proceeding as provided in the section. To be eligible 5 to receive the exemption the person claiming it shall 6 have recorded in the office of the county recorder of 7 the county in which is located the property designated 8 for the exemption, evidence of property ownership by 9 that person or the family farm corporation of which 10 the person is a shareholder and the military 11 certificate of satisfactory service, order 12 transferring to inactive status, reserve, retirement, 13 order of separation from service, honorable discharge 14 or a copy of any of these documents of the person 15 claiming or through whom is claimed the exemption. 16 The person shall file with the appropriate assessor 17 on forms obtained from the assessor the claim for 18 exemption for the year for which the person is first 19 claiming the exemption. The claim shall be filed not 20 later than July 1 of the year for which the person is 21 claiming the exemption. The claim shall set out the 22 fact that the person is a resident of and domiciled in 23 the state of Iowa, and a person within the terms of 24 section 427.3, and shall give the volume and page on 25 which the certificate of satisfactory service, order 26 of separation, retirement, furlough to reserve, 27 inactive status, or honorable discharge or certified 28 copy thereof is recorded in the office of the county 29 recorder, and may include the designation of the 30 property from which the exemption is to be made, and 31 shall further state that the claimant is the equitable 32 or legal owner of the property designated or if the 33 property is owned by a family farm corporation, that 34 the person is a shareholder of that corporation and 35 that the person occupies the property. 36 Sec. 32. Section 427B.19, subsection 3, unnumbered 37 paragraph 1, Code 1997, is amended to read as follows: 38 On or beforeJuly 1, 1996, and on or before July39 September 1 of eachsucceedingfiscal year through 40 June 30, 2006, the county auditor shall prepare a 41 statement, based upon the report received pursuant to 42 subsections 1 and 2, listing for each taxing district 43 in the county: 44 Sec. 33. Section 427B.19, subsection 4, Code 1997, 45 is amended to read as follows: 46 4. The county auditor shall certify and forward 47 one copy of the statement to the department of revenue 48 and finance not later thanJulySeptember 1 of each 49 year. 50 Sec. 34. Section 427B.19A, subsection 2, Code Page 16 1 1997, is amended to read as follows: 2 2. If an amount appropriated for a fiscal year is 3 insufficient to pay all claims, the director shall 4 prorate the disbursements from the fund to the county 5 treasurers and shall notify the county auditors of the 6 pro rata percentage on or beforeAugust 1September 7 30. 8 Sec. 35. Section 428.4, unnumbered paragraph 3, 9 Code 1997, is amended to read as follows: 10 Any buildings erected, improvements made, or 11 buildings or improvements removed in a year after the 12 assessment of the class of real estate to which they 13 belong, shall be valued, listed, and assessed and 14 reported by the assessor to the county auditor after 15 approval of the valuations by the local board of 16 review, andsaidthe auditor shall thereupon enter the 17 taxable value of such building or taxable improvement 18 on the tax list as a part of real estate to be taxed. 19 If such buildings or improvements are erected or made 20 by any person other than the owner of the land, they 21 shall be listed and assessed to the owner of the 22 buildings or improvements as real estate. 23 Sec. 36. Section 440.1, Code 1997, is amended to 24 read as follows: 25 440.1 ASSESSMENT OF OMITTED PROPERTY. 26 When the director of revenue and finance is vested 27 with the power and duty to assess property andsaidan 28 assessment has, for any reason, been omitted, the 29 director shall proceed to assesssaidthe property for 30 each of the omitted years, not exceeding five years31last past. The omitted assessment shall only apply to 32 the assessment year in which the omitted assessment is 33 made and the four prior assessment years. Chapter 429 34 shall apply to assessments of omitted property. 35 Sec. 37. Section 441.8, unnumbered paragraphs 6 36 and 7, Code 1997, are amended to read as follows: 37 Upon receiving credit equal to one hundred fifty 38 hours of classroom instruction during the assessor's 39 current term of office of which at least ninety of the 40 one hundred fifty hours are from courses requiring an 41 examination upon conclusion of the course, the 42 director of revenue and finance shall certify to the 43 assessor's conference board that the assessor is 44 eligible to be reappointed to the position. For 45assessors whose present terms of office expire before46six years from January 1, 1979, or who arepersons 47 appointed to complete an unexpired term, the number of 48 credits required to be certified as eligible for 49 reappointment shall be prorated according to the 50 amount of time remaining in the present term of the Page 17 1 assessor. If the person was an assessor in another 2 jurisdiction, the assessor may carry forward any 3 credit hours received in the previous position in 4 excess of the number that would be necessary to be 5 considered current in that position. 6 Within each six-year period followingJanuary 1,71980 orthe appointment of a deputy assessorappointed8after January 1, 1979, the deputy assessor shall 9 comply with this section except that upon the 10 successful completion of ninety hours of classroom 11 instruction of which at least sixty of the ninety 12 hours are from courses requiring an examination upon 13 conclusion of the course, the deputy assessor shall be 14 certified by the director of revenue and finance as 15 being eligible to remain in the position. If a deputy 16 assessor fails to comply with this section, the deputy 17 assessor shall be removed from the position until 18 successful completion of the required hours of credit. 19 If a deputy is appointed to the office of assessor, 20 the hours of credit obtained as deputy pursuant to 21 this section shall be credited to that individual as 22 assessor and for the individual to be reappointed at 23 the expiration of the term as assessor, that 24 individual must obtain the credits which are necessary 25 to total the number of hours for reappointment. 26 Sec. 38. Section 441.11, Code 1997, is amended to 27 read as follows: 28 441.11 INCUMBENT DEPUTY ASSESSORS. 29 The director of revenue and finance shall grant a 30 restricted certificate to any deputy assessor holding 31 office as of January 1, 1976. A deputy assessor 32 possessing such a certificate shall be considered 33 eligible to remain in the deputy's present position 34 provided continuing education requirements are met. 35 To become eligible for another deputy assessor 36 position, a deputy assessor presently holding office 37 is required to obtain certification as provided for in 38 section 441.5 and 441.10. The number of credit hours 39 required for certification as eligible for appointment 40 as a deputy in a jurisdiction other than where the 41 deputy is currently serving shall be prorated 42 according to the completed portion of the deputy's 43 six-year continuing education period. 44 Sec. 39. Section 444.26, Code 1997, is amended to 45 read as follows: 46 444.26 PROPERTY TAX LEVY LIMITATIONS NOT AFFECTED. 47 Sections444.25,444.25A,and 444.25B shall not be 48 construed as removing or otherwise affecting the 49 property tax limitations otherwise provided by law for 50 any tax levy of the political subdivision, except Page 18 1 that, upon an appeal from the political subdivision, 2 the state appeal board may approve a tax levy 3 consistent with the provisions of section 24.48 or 4 331.426. 5 Sec. 40. Section 444.27, subsection 1, Code 1997, 6 is amended to read as follows: 7 1.For purposes of section 444.25, sections 24.488and 331.426 are void for the fiscal years beginning9July 1, 1993, and July 1, 1994.For purposes of 10 section 444.25A, sections 24.48 and 331.426 are void 11 for the fiscal years beginning July 1, 1995, and July 12 1, 1996. 13 Sec. 41. Section 445.32, Code 1997, is amended to 14 read as follows: 15 445.32 LIENS ON BUILDINGS OR IMPROVEMENTS. 16 If a building or improvement is erected or made by 17 a person other than the owner of the land on which the 18 building or improvement is located, as provided for in 19 section 428.4, the taxes on the building or 20 improvement are and remain a lien on the building or 21 improvement from the date of levy until paid. If the 22 taxes on the building or improvement become 23 delinquent, as provided in section 445.37, the county 24 treasurer shall collect the tax as provided in 25 sections 445.3 and 445.4. This section does not apply 26 to special assessments, or rates or charges. 27 Sec. 42. Section 452A.17, subsection 1, paragraph 28 a, Code 1997, is amended by adding the following new 29 subparagraph: 30 NEW SUBPARAGRAPH. (9) Undyed special fuel used in 31 watercraft. 32 Sec. 43. Section 452A.17, subsection 1, paragraph 33 b, subparagraphs (4) and (5), Code 1997, are amended 34 to read as follows: 35 (4) The claim shall state the gallonage of motor 36 fuel or undyed special fuel that was used or will be 37 used by the claimant other than inwatercraft or38 aircraft or to propel motor vehicles, the manner in 39 which the motor fuel or undyed special fuel was used 40 or will be used, and the equipment in which it was 41 used or will be used. 42 (5) The claim shall state whether the claimant 43 used fuel forwatercraft oraircraft or to propel 44 motor vehicles from the same tanks or receptacles in 45 which the claimant kept the motor fuel or undyed 46 special fuel on which the refund is claimed. 47 Sec. 44. Section 452A.65, unnumbered paragraph 1, 48 Code 1997, is amended to read as follows: 49 In addition to the tax or additional tax, the 50 taxpayer shall pay a penalty as provided in section Page 19 1 421.27. The taxpayer shall also pay interest on the 2 tax or additional tax at the rate in effect under 3 section 421.7 counting each fraction of a month as an 4 entire month, computed from the date the return was 5 required to be filed. If the amount of the tax as 6 determined by the appropriate state agency is less 7 than the amount paid, the excess shall be refunded 8 with interest, the interest to begin to accrue on the 9 first day of thethirdsecond calendar month following 10 the date of payment or the date the return was due to 11 be filed or was filed, whichever is the latest, at the 12 rate in effect under section 421.7 counting each 13 fraction of a month as an entire month under the rules 14 prescribed by the appropriate state agency.In lieu15of a refund allowed under this section, the licensee16may request that the department allow the refund to be17held as a credit for the licensee.Claims for refund 18 filed under sections 452A.17 and 452A.21 shall accrue 19 interest beginning with the first day of the second 20 calendar month following the date the refund claim is 21 received by the department. 22 Sec. 45. Section 633.699, subsection 7, Code 1997, 23 is amended to read as follows: 24 7. To make any required division, allocation, or 25 distribution in whole or in part in money, securities, 26 or other property, and in undivided interests therein 27 pro rata, nonpro rata, or in combination of these 28 methods, and to continue to hold any remaining 29 undivided interest in trust. 30 Sec. 46. Section 633.703A, subsection 1, 31 unnumbered paragraph 1, Code 1997, is amended to read 32 as follows: 33 In order to allow a trust to qualify as a marital 34 deduction trust for federal estate tax purposes, as a 35 qualified subchapter S trust for federal income tax 36 purposes, as separate trusts for federal generation- 37 skipping tax purposes, or for any other federal or 38 state income, estate, excise, or inheritance tax 39 benefit or to facilitate the administration of a trust 40 or trusts, the governing instrument of a trust may be 41 amended as follows to permit the trust to be divided 42 in cash or in kind, including in undivided interests, 43 by pro rata or nonpro rata division, or in any 44 combination thereof, into one or more separate trusts 45 or be consolidated with one or more other trusts into 46 a single trust: 47 Sec. 47. Section 99D.14, subsection 6, Code 1997, 48 as amended by 1997 Iowa Acts, House File 212, section 49 2, is amended to read as follows: 50 6. Real property used in the operation of a Page 20 1 racetrack or racetrack enclosure which is exempt from 2 property taxation under another provision of the law, 3 including being exempt because it is owned by a city, 4 county, state, or charitable or nonprofit entity, may 5 be subject to real property taxation by any taxing 6 district in which the real property used in the 7 operation of the racetrack or racetrack enclosure is 8 located. To subject such real property to taxation, 9 the taxing authority of the taxing district shall pass 10 a resolution imposing the tax and, if the resolution 11 is passed prior to September 1, 1997, shall notify the 12countylocal assessor, director of revenue and13finance,and the owner of record of the real property 14 by September 1, 1997, preceding the fiscal year in 15 which the real property taxes are due and payable. 16 The assessed value shall be determined and notice of 17 the assessed value shall be provided to the county 18 auditor by thedepartment of revenue and financelocal 19 assessor by October 15, 1997, and the owner may 20 protest the assessed value to thestatelocal board of 21taxreview by December 1, 1997. For resolutions 22 passed on or after September 1, 1997, the taxing 23 authority shall notify the local assessor and owner of 24 record prior to the next assessment year and the 25 valuation and appeal shall be done in the manner and 26 time as for other valuations. Property taxes due as a 27 result of this subsection shall be paid to the county 28 treasurer in the manner and time as other property 29 taxes. The county treasurer shall remit the tax 30 revenue to those taxing authorities imposing the 31 property tax under this subsection. Real property 32 subject to tax as provided in this subsection shall 33 continue to be taxed until such time as the taxing 34 authority of the taxing district repeals the 35 resolution subjecting the property to taxation. 36Notwithstanding section 99D.7, the department of37revenue and finance shall adopt rules to implement38this subsection.39 Sec. 48. Sections 236.15A, 427A.13, 440.2, 440.3, 40 440.4, 444.25, and 444.28, Code 1997, are repealed. 41 Sec. 49. Sections 11 and 13 of this Act which 42 amend sections 422.5 and 422.32 apply retroactively to 43 January 1, 1997, for tax years beginning on or after 44 that date. 45 Sec. 50. Section 17 of this Act, amending section 46 422.45, subsection 18, being deemed of immediate 47 importance, takes effect upon enactment. 48 Sec. 51. Sections 6, 12, and 22 of this Act, 49 enacting section 421.17, subsection 22A and amending 50 section 422.20 and section 422.72, subsection 3, and Page 21 1 relating to contractual agreements by the department 2 of revenue and finance, being deemed of immediate 3 importance, take effect upon enactment. 4 Sec. 52. Section 20 of this Act, enacting section 5 422.53, subsection 8, takes effect January 1, 1998. 6 Sec. 53. Sections 42 and 43 of this Act, amending 7 section 452A.17, subsection 1, being deemed of 8 immediate importance, take effect upon enactment and 9 apply retroactively to July 1, 1996." 10 2. Title page , by striking lines 1 through 7 and 11 inserting the following: "An Act relating to the 12 administration of state individual income, corporate, 13 franchise, motor fuel, and other taxes; collection of 14 taxes and use of collection receipts; property taxes; 15 property tax credits and replacement claims; sales, 16 services, and use taxes and the imposition thereof on 17 sales of prepaid telephone calling cards and prepaid 18 authorization numbers; tax refund setoffs; and other 19 duties of the department and director of revenue and 20 finance; providing a penalty; and including effective 21 and retroactive applicability date provisions." Taylor of Linn asked and received unanimous consent that amendment H-1972, to the Senate amendment H-1957, be deferred. Falck of Fayette offered the following amendment H-1969, to the Senate amendment H-1957, filed by Falck, et al., and moved its adoption: H-1969 1 Amend the Senate amendment, H-1957, to House File 2 266, as passed by the House, as follows: 3 1. Page 5, by inserting after line 24 the 4 following: 5 "Sec. 651. Section 422.7, Code 1997, is amended by 6 adding the following new subsection: 7 NEW SUBSECTION. 35. The amount of salary paid by 8 a business to a nonproduction worker which exceeds 9 thirty times the average annual wage paid to the 10 production workers of that business shall not be 11 allowed as a deduction in determining net income under 12 this section." 13 2. Page 20, by inserting after line 44 the 14 following: 15 "Sec. ___. Section 651 of this Act, enacting 16 section 422.7, subsection 35, applies retroactively to 17 January 1, 1997." Drake of Pottawattamie rose on a point of order that amendment H-1969, to the Senate amendment H-1957, was not germane. The Speaker ruled the point well taken and amendment H-1969 not germane. Rants of Woodbury offered amendment H-1971, to the Senate amendment H-1957, filed by Rants, et al., as follows: H-1971 1 Amend the Senate amendment, H-1957, to House File 2 266, as passed by the House, as follows: 3 1. Page 9, by inserting after line 5 the 4 following: 5 "Sec. 601. Section 422.45, Code 1997, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 52. The gross receipts from 8 charges for access to or use of internet computer 9 services and from charges for access to or use of 10 other contracted on-line computer services if access 11 or use is by way of a local or in-state long distance 12 telephone number and if the predominate on-line 13 computer service offered is two-way transmission and 14 receipt of information from one site to another. 15 This subsection is repealed July 1, 1998." 16 2. Page 21, by inserting after line 3 the 17 following: 18 "Sec. ___. Section 601 of this Act, enacting 19 section 422.45, subsection 52, being deemed of 20 immediate importance, takes effect upon enactment." Bernau of Story rose on a point of order that amendment H-1971, to the Senate amendment H-1957, was not germane. The Speaker ruled the point well taken and amendment H-1971 not germane. Taylor of Linn offered the following amendment H-1972, to the Senate amendment H-1957, previously deferred, filed by him and moved its adoption: H-1972 1 Amend the Senate amendment, H-1957, to House File 2 266, as passed by the House, as follows: 3 1. By striking page 2, line 48, through page 3, 4 line 16. 5 2. Page 5, by striking lines 25 through 34. 6 3. Page 10, by striking lines 40 through 49. 7 4. By striking page 20, line 48, through page 21, 8 line 3. Amendment H-1972 lost. On motion by Drake of Pottawattamie, the House concurred in the Senate amendment H-1957. Drake of Pottawattamie moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 266) The ayes were, 80: Arnold Bell Bernau Blodgett Boggess Bradley Brand Bukta Burnett Carroll Cataldo Chapman Churchill Cohoon Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Hahn Hansen Holmes Holveck Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Larkin Lord Martin Mascher May Mertz Metcalf Meyer Moreland Mundie Murphy Myers O'Brien Osterhaus Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Teig Thomas Thomson Van Maanen Vande Hoef Warnstadt Weidman Weigel Whitead Wise Witt Veenstra, Presiding The nays were, 17: Barry Boddicker Brunkhorst Chiodo Corbett, Spkr. Grundberg Heaton Houser Kreiman Lamberti Larson Millage Rants Taylor Tyrrell Van Fossen Welter Absent or not voting, 3: Brauns Connors Nelson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that House File 266 be immediately messaged to the Senate. RULE 57 SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend Rule 57, relating to committee notice and agenda for a meeting of the agriculture committee, to consider Senate File 555. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 29, 1997, concurred in the House amendment to the Senate amendment, and passed the following bill in which the concurrence of the Senate was asked: House File 702, a bill for an act relating to human services and facility requirements involving the single entry point process for mental health and developmental disabilities services, regional planning councils, human services institution employee record checks, decategorization of adult disability services funding, legal settlement involving community-based providers of treatment or services, and the operating requirements of an intermediate care facility for persons with mental retardation. Also: That the Senate has on April 29, 1997, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 473, a bill for an act requiring owners of agricultural drainage wells to prevent surface water intake into the wells, providing for the closure of certain wells and the construction of alternative drainage systems, providing state assistance for closing agricultural drainage wells, prohibiting the construction and use of certain structures located in agricultural drainage well areas, providing for the assessment and collection of certain drainage district expenses, providing penalties, and providing an effective date. MARY PAT GUNDERSON, Secretary On motion by Siegrist of Pottawattamie, the House was recessed at 11:50 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:15 p.m., Speaker Corbett in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty members present, forty absent. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 545. Ways and Means Calendar Senate File 545, a bill for an act relating to the nonrenewal or suspension of motor vehicle licenses for failure to pay indebtedness owed to or being collected by the state in pilot project counties, and providing an effective date, with report of committee recommending passage, was taken up for consideration. Drake of Pottawattamie 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. 545) The ayes were, 97: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Churchill Cohoon Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 3: Chiodo Connors Nelson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 545 be immediately messaged to the Senate. The House stood at ease at 1:30 p.m., until the fall of the gavel. The House resumed session at 4:30 p.m., Speaker pro tempore Van Maanen of Marion in the chair. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 29, 1997, passed the following bill in which the concurrence of the Senate was asked: House File 729, a bill for an act relating to reporting and depositing of local option sales and services taxes to the department of revenue and finance by retailers and increasing the amount of estimated distribution and frequency of distribution to cities and counties by the department of revenue and finance. Also: That the Senate has on April 29, 1997, adopted the conference committee report and passed Senate File 391, a bill for an act relating to and making appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the nonreversion of certain moneys, establishing a toll-free road and weather reporting system, eliminating the motor vehicle use tax as the funding source for the value-added agricultural products and processes financial assistance program and the renewable fuels and coproducts fund, and providing for the designation of access Iowa highways, and providing effective dates. Also: That the Senate has on April 29, 1997, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 541, a bill for an act relating to child day care provisions involving group day care homes and establishing a child care home pilot project. Also: That the Senate has on April 29, 1997, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 553, a bill for an act relating to the tax treatment of financial institutions and their shareholders which have made an election under subchapter S of the Internal Revenue Code and including a retroactive applicability date provision. MARY PAT GUNDERSON, Secretary ADOPTION OF THE REPORT OF THE CONFERENCE COMMITTEE (Senate File 391) Brauns of Muscatine called up for consideration the report of the conference committee on Senate File 391 and moved the adoption of the conference committee report and the amendments contained therein as follows: REPORT OF THE CONFERENCE COMMITTEE ON SENATE FILE 391 To the President of the Senate and the Speaker of the House of Representatives: We, the undersigned members of the conference committee appointed to resolve the differences between the Senate and the House of Representatives on Senate File 391, a bill for an Act relating to and making appropriations to the state department of transportation, including allocation and use of moneys from the general fund of the state, road use tax fund, and primary road fund, providing for the nonreversion of certain moneys, establishing a toll-free road and weather reporting system, eliminating the motor vehicle use tax as the funding source for the value-added agricultural products and processes financial assistance program and the renewable fuels and coproducts fund, and providing for the designation of access Iowa highways, and providing effective dates, respectfully make the following report: 1. That the Senate recedes from its amendment, H-1701. 2. That the House amendment, S-3453, to Senate File 391, as amended, passed, and reprinted by the Senate, is amended as follows: 1. Page 1, by inserting after line 8 the following: " . Page 8, by inserting after line 21 the following:~ "Sec. ___. 1996 Iowa Acts, chapter 1218, section 51, subsection 3, is amended by striking the subsection and inserting in lieu thereof the following: 3. PRESENTATIONS AND REPEAL. The state transportation commission shall make a presentation to the joint appropriations subcommittee on transportation, infrastructure, and capitals not later than February 1, 1998, regarding the effect that complying with subsection 2 will have on the commission's compliance with section 313.2A. The department of economic development shall also make a presentation to the joint appropriations subcommittee on transportation, infrastructure, and capitals, not later than February 1, 1998, regarding the economic development impact of implementing subsection 2. This section is repealed effective July 1, 2000."" ON THE PART OF THE HOUSE: ON THE PART OF THE SENATE: BARRY BRAUNS, Chair RICHARD F. DRAKE, Chair HENRY RAYHONS MIKE CONNOLLY STEVEN WARNSTADT MARY LOU FREEMAN ROD HALVORSON STEVE KING The motion prevailed and the conference committee report was adopted. Brauns of Muscatine 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. 391) The ayes were, 72: Arnold Barry Bernau Blodgett Boggess Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chiodo Corbett, Spkr. Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Eddie Falck Ford Frevert Gipp Greig Greiner Gries Hansen Holmes Holveck Houser Huseman Huser Jenkins Jochum Kinzer Klemme Kremer Larkin Larson Lord Martin Mascher May Mertz Meyer Millage Mundie Myers Nelson Osterhaus Rants Rayhons Richardson Scherrman Shoultz Siegrist Sukup Taylor Thomas Thomson Tyrrell Veenstra Warnstadt Weidman Weigel Welter Whitead Van Fossen Van Maanen, Presiding The nays were, 25: Bell Boddicker Bradley Chapman Churchill Cohoon Drees Fallon Foege Garman Grundberg Hahn Heaton Koenigs Kreiman Lamberti Metcalf Moreland Murphy O'Brien Reynolds-Knight Schrader Vande Hoef Wise Witt Absent or not voting, 3: Connors Jacobs Teig The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Speaker Corbett in the chair at 4:37 p.m. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 391 be immediately messaged to the Senate. MOTION TO RECONSIDER WITHDRAWN (Senate File 472) Boggess of Taylor asked and received unanimous consent to withdraw the motion to reconsider Senate File 472, a bill for an act prohibiting a habitual violator or person charged with violation from constructing or expanding an animal feeding operation structure, filed by her on April 10, 1997. MOTION TO RECONSIDER WITHDRAWN (Senate File 472) Sukup of Franklin asked and received unanimous consent to withdraw the motion to reconsider Senate File 472, a bill for an act prohibiting a habitual violator or person charged with violation from constructing or expanding an animal feeding operation structure, filed by him on April 10, 1997. With the withdrawal of the motion to reconsider, amendment H-1983 filed by Carroll, Eddie, Meyer, Greig, Huseman, Dix, and Vande Hoef from the floor, and amendment H-1984 filed by Thomas from the floor are placed out of order. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 472 be immediately messaged to the Senate. SPECIAL PRESENTATION TO HOUSE PAGES Speaker Corbett invited the House Pages to the Speaker's station for a special presentation and thanked them for their service to the House of Representatives. Certificates of excellence for serving with honor and distinction as a House Page during the First Regular Session of the Seventy-seventh General Assembly were presented to the following Pages by Speaker Corbett and Minority Leader Schrader of Marion. Karin Anderson Amy Lincoln Sarah Armstrong Kris Lyons Kathryn Burford Jared McLaren Krista Burkle Jessica Miskimins Amanda Campbell Heather O'Hara Andrew Dorr Maryn Olson Christopher Hill Jennifer Pierce Jennifer Ipsen Christopher Rasmussen Kristina Kieffer Rebecca Reeder Kelli Kilgore Shuni Roth Krista Kloster Tomson Seller Courtney Kramer James Springhower Kelly Lang Jared Taylor COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON AGRICULTURE Senate File 555, a bill for an act relating to the control of pseudorabies, making corresponding changes, making penalties applicable, and providing for an effective date. Fiscal Note is not required. Recommended Do Pass April 29, 1997. RULES SUSPENDED Gipp of Winneshiek asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 555. Senate File 555, a bill for an act relating to the control of pseudorabies, making corresponding changes, making penalties applicable, and providing for an effective date, with report of committee recommending passage, was taken up for consideration. Eddie of Buena Vista 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. 555) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Connors The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 555 be immediately messaged to the Senate. The House stood at ease at 5:00 p.m., until the fall of the gavel. The House resumed session at 6:28 p.m., Speaker Corbett in the chair. MESSAGES FROM THE SENATE The following messages were received from the Senate: Mr. Speaker: I am directed to inform your honorable body that the Senate has on April 29, 1997, adopted the following resolution in which the concurrence of the Senate was asked: House Concurrent Resolution 23, a concurrent resolution to request that the Congress of the United States maintain and renew its commitment to America's corn growers and this nation's ethanol industry by supporting a tax exemption and by taking other actions to increase this nation's commitment to the production and use of ethanol. Also: That the Senate has on April 29, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 697, a bill for an act relating to certain procedures of the ethics and campaign disclosure board and filing requirements and certain requirements for use of campaign funds. Also: That the Senate has on April 29, 1997, amended and passed the following bill in which the concurrence of the House is asked: House File 734, a bill for an act relating to the criminal and civil justice system by providing for the imposition of a civil penalty for certain motor vehicle license suspensions, revocations, or bars, for the appropriation and distribution of the penalties collected, and for the imposition and payment of fees for probation and parole, and concerning inmate employment in private industry. Also: That the Senate has on April 29, 1997, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 472, a bill for an act prohibiting a habitual violator or person charged with violation from constructing or expanding an animal feeding operation structure. Also: That the Senate has on April 29, 1997, amended the House amendment, concurred in the House amendment as amended, and passed the following bill in which the concurrence of the House is asked: Senate File 549, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, the state board of regents, to the transfer of moneys from the interest for Iowa schools fund, and making related statutory changes and providing effective date and applicability provisions. MARY PAT GUNDERSON, Secretary SENATE AMENDMENT CONSIDERED Grundberg of Polk called up for consideration Senate File 549, a bill for an act relating to the funding of, operation of, and appropriation of moneys to the college student aid commission, the department of cultural affairs, the department of education, the state board of regents, to the transfer of moneys from the interest for Iowa schools fund, and making related statutory changes and providing effective date and applicability provisions, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-1989 to the House amendment: H-1989 1 Amend the House amendment, S-3782, to Senate File 2 549, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 1, by inserting after line 3 the 5 following: 6 " . Page 1, line 34, by inserting after the 7 figure "261.19A" the following: "or section 261.19 as 8 amended by 1997 Iowa Acts, House File 410, if 9 enacted". 10 2. Page 1, line 23, by striking the figure 11 "1,212,167" and inserting the following: "1,162,167". 12 3. Page 1, by striking lines 24 through 36. 13 4. Page 1, line 40, by striking the word 14 "collaborate" and inserting the following: 15 "coordinate activities". 16 5. Page 1, line 45, by striking the figure 17 "5,168,602" and inserting the following: "5,469,602". 18 6. Page 1, by striking lines 46 and 47. 19 7. Page 2, by striking lines 21 through 30. 20 8. Page 2, line 42, by striking the figure 21 "2,674,725" and inserting the following: "2,734,725". 22 9. Page 2, by striking line 44 and inserting the 23 following: "following: 24 The state library shall begin implementing the 1996 25 Iowa joint use library guide commencing July 1, 1997. 26 Reimbursement of the institutions of". 27 10. Page 3, by striking lines 3 through 6. 28 11. Page 3, by striking lines 10 through 26 and 29 inserting the following: 30 "Moneys appropriated to or paid to the department 31 of education for purposes of the reading recovery 32 program shall be allocated to area education agencies 33 in the proportion that the number of children who are 34 eligible for free or reduce price meals under the 35 federal National School Lunch Act and the federal 36 Child Nutrition Act of 1966, 42 U.S.C. "/g" 1751-1785, in 37 the basic enrollment of grades one through six in the 38 area served by an agency, bears to the sum of the 39 number of children who are eligible for free or 40 reduced price meals under the federal National School 41 Lunch Act and the federal Child Nutrition Act of 1966, 42 42 U.S.C. "/g" 1751-1785, in the basic enrollments of 43 grades one through six in all of the areas served by 44 area education agencies in the state for the budget 45 year." 46 12. Page 3, line 34, by striking the figure 47 "50,000" and inserting the following: "25,000". 48 13. By striking page 3, line 35, through page 4, 49 line 26. 50 14. By striking page 4, line 29, through page 5, Page 2 1 line 48, and inserting the following: 2 " $ 130,582,051 3 The funds appropriated in this subsection shall be 4 allocated as follows: 5 a. Merged Area I $ 6,236,541 6 b. Merged Area II $ 7,353,865 7 c. Merged Area III $ 6,943,989 8 d. Merged Area IV $ 3,383,065 9 e. Merged Area V $ 7,076,264 10 f. Merged Area VI $ 6,557,575 11 g. Merged Area VII $ 9,354,212 12 h. Merged Area IX $ 11,469,275 13 i. Merged Area X $ 17,802,012 14 j. Merged Area XI $ 19,018,739 15 k. Merged Area XII $ 7,554,167 16 l. Merged Area XIII $ 7,726,323 17 m. Merged Area XIV $ 3,426,976 18 n. Merged Area XV $ 10,689,360 19 o. Merged Area XVI $ 5,989,688"~ 20 15. Page 5, line 50, by striking the figure 21 "1,090,525" and inserting the following: "1,140,525". 22 16. Page 6, by striking lines 1 and 2. 23 17. Page 6, line 5, by striking the figure 24 "169,596,402" and inserting the following: 25 "169,721,402". 26 18. Page 6, by striking lines 7 through 13. 27 19. Page 6, by inserting after line 20 the 28 following: 29 " . Page 21, by striking lines 7 through 11." 30 20. Page 6, line 28, by striking the figure 31 "250,000" and inserting the following: "190,000". 32 21. Page 8, line 2, by striking the words "and 33 the center". 34 22. By striking page 8, line 50, through page 9, 35 line 3, and inserting the following: 36 ""Sec. ___. Section 294A.25, Code 1997, is amended 37 by adding the following new subsections:". 38 23. Page 9, by striking lines 11 through 44 and 39 inserting the following: "history, or geography. 40 NEW SUBSECTION. 4B. For the fiscal year beginning 41 July 1, 1997, and ending June 30, 1998, the amount of 42 fifty thousand dollars to the department of education 43 for the geography alliance. 44 NEW SUBSECTION. 7A. For the fiscal year beginning 45 July 1, 1997, and ending June 30, 1998, the amount of 46 seventy thousand dollars to the state board of regents 47 for equal distribution to the Iowa braille and sight 48 saving school and the Iowa state school for the deaf 49 from phase III moneys." 50 . Page 26, by striking lines 12 through 14 and Page 3 1 inserting the following: 2 "7. Commencing with the fiscal year beginning July 3 1,19961997, the amount offifty thousanddollars for4geography alliance and onetwo hundredeightythirty 5 thousand dollars"." 6 24. Page 10, by striking lines 7 through 9. 7 25. Page 10, by striking lines 11 through 13. 8 26. By renumbering, relettering, or redesignating 9 and correcting internal references as necessary. Roll call was requested by Murphy of Dubuque and Mascher of Johnson. On the question "Shall amendment H-1989 be adopted?" (S.F. 549) The ayes were, 55: Arnold Barry Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Cormack Dinkla Dix Dolecheck Drake Drees Eddie Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Houser Huseman Jacobs Jenkins Klemme Kremer Lamberti Larson Lord Martin Metcalf Meyer Millage Nelson Rants Rayhons Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Weidman Welter Mr. Speaker Corbett The nays were, 44: Bell Bernau Brand Bukta Burnett Cataldo Chapman Chiodo Cohoon Doderer Dotzler Falck Fallon Foege Ford Frevert Holveck Huser Jochum Kinzer Koenigs Kreiman Larkin Mascher May Mertz Moreland Mundie Murphy Myers O'Brien Osterhaus Reynolds-Knight Richardson Scherrman Schrader Shoultz Taylor Thomas Warnstadt Weigel Whitead Wise Witt Absent or not voting, 1: Connors The motion prevailed and the House concurred in the Senate amendment H-1989, to the House amendment. Grundberg of Polk moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 549) The ayes were, 98: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, 1: Kreiman Absent or not voting, 1: Connors The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that Senate File 549 be immediately messaged to the Senate. ADOPTION OF HOUSE CONCURRENT RESOLUTION 25 Blodgett of Cerro Gordo called up for consideration House Concurrent Resolution 25, a concurrent resolution requesting an interim committee on anatomical gift referral, and moved its adoption. The motion prevailed and the resolution was adopted. SENATE AMENDMENT CONSIDERED Lamberti of Polk called up for consideration House File 734, a bill for an act relating to the criminal and civil justice system by providing for the imposition of a civil penalty for certain motor vehicle license suspensions, revocations, or bars, for the appropriation and distribution of the penalties collected, and for the imposition and payment of fees for probation and parole, and concerning inmate employment in private industry, amended by the Senate, and moved that the House concur in the following Senate amendment H-1991: H-1991 1 Amend House File 734, as amended, passed, and 2 reprinted by the House, as follows: 3 1. Page 1, line 4, by inserting after the word 4 "privilege" the following: "for a conviction". 5 2. Page 1, line 6, by inserting after the word 6 "dollars." the following: "However, for persons age 7 nineteen or under, the civil penalty assessed shall be 8 fifty dollars." 9 3. Page 1, line 17, by inserting after the word 10 "dollars." the following: "However, for persons age 11 nineteen or under, the civil penalty assessed shall be 12 fifty dollars." 13 4. Page 2, by inserting after line 4 the 14 following: 15 "Sec. ___. Section 904.112, Code 1997, is amended 16 to read as follows: 17 904.112 INSTITUTIONAL RECEIPTS. 18All institutionalInstitutional receipts of the 19 department of corrections shall be deposited in the 20 general fund of the state exceptfor reimbursementsas 21 follows: 22 1. Reimbursement for services provided to another 23 institution or state agency, rentals charged to 24 employees or other persons for room, apartment, or 25 housing, and charges for meals. 26 2. Receipts which are specifically required to be 27 otherwise expended or deposited under this chapter. 28 Sec. ___. Section 904.311A, Code 1997, is amended 29 to read as follows: 30 904.311A PRISON RECYCLING FUND. 31The Iowa prisonA recycling fund for each prison 32 institution is createdand establishedas a separate 33 and distinct fund in the state treasury. All moneys 34 remitted to the department for the recycling 35 operationsin each fiscal year commencing with the36fiscal year beginning July 1, 1994,of a prison 37 institution shall be deposited in the fund established 38 for that institution. Notwithstanding section 12C.7, 39 subsection 2, interest or earnings on moneys deposited 40 intheeach fund shall be credited tothethat fund. 41 Notwithstanding section 8.33, moneys intheeach fund 42 shall not revert to the general fund of the state at 43 the close of a fiscal year but shall remain inthe44 that fund and be used as directed in this section in 45 the succeeding fiscal year. The treasurer of state 46 shall act as custodian oftheeach fund and disburse 47 moneys fromtheeach fund as directed by the 48 department for the purpose of payment of operating 49 expenses for recycling." 50 5. Page 6, line 16, by striking the word Page 2 1 "APPROPRIATION" and inserting the following: 2 "DEPOSIT". 3 6. Page 6, line 21, by striking the words 4 "appropriated to" and inserting the following: 5 "deposited with". 6 7. Title page, line 4, by striking the word 7 "appropriation" and inserting the following: 8 "deposit". 9 8. Title page, line 4, by striking the words "the 10 penalties" and inserting the following: "penalties 11 and fees". 12 9. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-1991. Lamberti of Polk moved that the bill, as amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 734) The ayes were, 99: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Fallon Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson O'Brien Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 1: Connors The bill having received a constitutional majority was declared to have passed the House and the title, as amended, was agreed to. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 734 be immediately messaged to the Senate. The House stood at ease at 6:52 p.m., until the fall of the gavel. The House resumed session at 7:12 p.m., Speaker Corbett in the chair. MOTION TO RECONSIDER PREVAILED Millage of Scott called up for consideration the motion to reconsider Senate File 542, filed on April 28, 1997, and moved to reconsider the vote by which Senate File 542, a bill for an act relating to and making supplemental appropriations for the fiscal year beginning July 1, 1996, and providing an effective date, passed the House and was placed on its last reading on April 28, 1997. A non-record roll call was requested. The ayes were 60, nays none. The motion prevailed and the House reconsidered Senate File 542. Brunkhorst of Bremer asked and received unanimous consent to reconsider the vote by which amendment H-1930 was adopted, found on page 1634 of the House Journal. Brunkhorst of Bremer asked and received unanimous consent to withdraw amendment H-1930 filed by him on April 24, 1997, placing out of order amendment H-1941, filed by Brunkhorst on April 28, 1997. Millage of Scott offered the following amendment H-1992 filed by him from the floor and moved its adoption: H-1992 1 Amend Senate File 542, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 8, by inserting before line 3 the 4 following: 5 "___. To the department of education to develop an 6 initiative to improve access to education through 7 distance learning in postsecondary institutions: 8 $ 50,000" 9 2. Page 8, by inserting after line 7 the 10 following: 11 "Sec. ___. FISCAL YEAR 1997-1998 LOTTERY TRANSFER. 12 Notwithstanding the requirement in section 99E.10, 13 subsection 1, to transfer lottery revenue remaining 14 after expenses are deducted, notwithstanding the 15 requirement under section 99E.20, subsection 2, for 16 the commissioner to certify and transfer a portion of 17 the lottery fund to the CLEAN fund, and 18 notwithstanding the appropriations and allocations in 19 section 99E.34, all lottery revenues received during 20 the fiscal year beginning July 1, 1997, and ending 21 June 30, 1998, after deductions as provided in section 22 99E.10, subsection 1, and as appropriated under any 23 Act of the Seventy-seventh General Assembly, 1997 24 Session, shall not be transferred to and deposited 25 into the CLEAN fund but shall be transferred and 26 credited to the general fund of the state." 27 3. Page 10, by inserting after line 10 the 28 following: 29 "DIVISION 30 Sec. ___. Section 279.51, subsection 1, unnumbered 31 paragraph 1, Code 1997, is amended to read as follows: 32 There is appropriated from the general fund of the 33 state to the department of education for the fiscal 34 year beginning July 1,19961997, and each succeeding 35 fiscal year, the sum offourteenfifteen millionfive36 one hundredtwentyseventy thousand dollars. 37 Sec. ___. Section 279.51, subsection 1, paragraph 38 b, Code 1997, is amended to read as follows: 39 b. For the fiscal year beginning July 1,199640 1997, and for each succeeding fiscal year,seveneight 41 millionsixthree hundredseventytwenty thousand 42 dollars of the funds appropriated shall be allocated 43 to the child development coordinating council 44 established in chapter 256A for the purposes set out 45 in subsection 2 of this section and section 256A.3. 46 DIVISION 47 Sec. ___. NEW SECTION. 12C.26 TOBACCO SETTLEMENT 48 FUND. 49 A tobacco settlement fund is created in the office 50 of the treasurer of state. After payment of Page 2 1 litigation costs, the state portion of any moneys paid 2 to the state by tobacco companies in settlement of the 3 state's lawsuit for recovery of public expenditures 4 associated with tobacco use shall be deposited in the 5 tobacco settlement fund. Moneys deposited in the fund 6 shall be used only as provided in appropriations from 7 the fund to the department of human services for the 8 medical assistance program and to the Iowa department 9 of public health for programs to reduce smoking by 10 teenage youth. For purposes of this section, 11 "litigation costs" are those costs itemized by the 12 attorney general and submitted to and approved by the 13 general assembly. 14 Sec. ___. 1997 Iowa Acts, House File 715, section 15 9, subsection 3, unnumbered paragraph 1, if enacted, 16 is amended to read as follows: 17 For the purposes of this subsection, the term 18 "poverty level" means the poverty level defined by the 19 poverty income guidelines published by the United 20 States department of health and human services. 21 EffectiveOctoberJuly 1, 1997, the department shall 22 increase to 125 percent the maximum federal poverty 23 level used to determine eligibility for state child 24 care assistance. Based upon the availability of the 25 funding provided in subsection 2 the department shall 26 establish waiting lists for state child care 27 assistance in descending order of prioritization as 28 follows: 29 Sec. ___. 1997 Iowa Acts, Senate File 131, section 30 1, amending section 239.14, if enacted, is repealed. 31 Sec. ___. 1997 Iowa Acts, Senate File 131, section 32 2, amending section 239.17, if enacted, is repealed. 33 DIVISION 34 Sec. ___. BUDGETING FOR RESULTS. 35 1. For the purposes of this section, unless the 36 context otherwise requires, the term "budgeting for 37 results" for a department or establishment as defined 38 in chapter 8 means the budgeting process which 39 includes steps for identifying and measuring desired 40 results by use of results-oriented performance 41 measures. Under budgeting for results the performance 42 measures are developed by a department or 43 establishment in collaboration with the department of 44 management and the legislative fiscal bureau for a 45 program administered by the department or 46 establishment. 47 2. If a new program commences on or after July 1, 48 1997, under a department or establishment or the 49 source of funding for a program administered by a 50 department or establishment is changed by law from the Page 3 1 source of funding used in the previous fiscal year, 2 the program may be included in budgeting for results 3 for the fiscal years beginning July 1, 1997, and July 4 1, 1998. 5 3. It is the intent of the general assembly to 6 consider requiring that all programs administered by 7 departments and establishments will be included in 8 budgeting for results. 9 4. The departments and establishments utilizing 10 budgeting for results, shall collect data as 11 determined by the department of management in 12 collaboration with the legislative fiscal bureau, for 13 use in evaluating the programs included in budgeting 14 for results. The data shall measure the effectiveness 15 of a program in achieving the stated desired results. 16 Analysis of the data and evaluations of the 17 effectiveness of a program in achieving the desired 18 results shall be submitted by the departments and 19 establishments to the governor and general assembly 20 for use in making budgetary and policy decisions. 21 DIVISION ___ 22 Sec. ___. NEW SECTION. 692.2A CRIMINAL HISTORY 23 DATA CHECK PREPAYMENT FUND. 24 1. A criminal history data check prepayment fund 25 is created in the state treasury under the control of 26 the department for the purpose of allowing any nonlaw 27 enforcement agency or person to deposit moneys as an 28 advance on fees required to conduct criminal history 29 data checks as provided in section 692.2. 30 2. The department shall adopt rules governing the 31 fund, including the crediting of deposits made to the 32 fund. Prepaid fees deposited in the fund are 33 appropriated to the department for use as provided in 34 section 692.2. 35 3. Interest or earnings on moneys deposited in the 36 fund shall not be credited to the fund or to the 37 agency or person who deposited the money but shall be 38 deposited in the general fund of the state as provided 39 in section 12C.7. Notwithstanding section 8.33, moneys 40 remaining in the criminal history data check 41 prepayment fund at the end of a fiscal year shall not 42 revert to the general fund of the state. 43 Sec. ___. DIRECTOR OF DEPARTMENT OF COMMERCE. 44 Notwithstanding section 546.2, subsection 2, the 45 governor may reappoint the commissioner of insurance 46 to be the director of the department of commerce for a 47 second year beginning July 1, 1997. 48 Sec. ___. 1996 Iowa Acts, chapter 1218, section 49 10, unnumbered paragraph 3, is amended to read as 50 follows: Page 4 1 Of the appropriation in this section, $50,000 shall 2 be used for costs associated with the renovation and 3 repair of the Allison monument located on the state 4 capitol complex.An effort shall be made by the5department of education to match this appropriation6from the citizens and the school children of Iowa as7occurred when the monument was initially built.8 Sec. ___. HOUSE FILE 453 - EFFECTIVE DATE. 1997 9 Iowa Acts, House File 453, if enacted, being deemed of 10 immediate importance, takes effect upon enactment of 11 this Act. 12 Sec. 100. FEDERAL WELFARE REFORM COMPLIANCE _ 13 CHILD SUPPORT ENFORCEMENT. For the fiscal year 14 beginning July 1, 1996, and ending June 30, 1997, 15 after $36,370,000 of child support revenue has been 16 collected by the department of human services and 17 deposited in the family investment program account 18 established in section 239B.11, notwithstanding 19 section 8.33, not more than $1,000,000 of the 20 remaining child support revenue collected and 21 deposited in the account which remains unobligated or 22 unexpended at the close of the fiscal year ending June 23 30, 1996, shall not revert to the general fund of the 24 state, but shall remain available and is appropriated 25 to the department for use in the succeeding fiscal 26 year for the purpose of implementing child support 27 enforcement changes necessitated by federal welfare 28 reform legislation. 29 Sec. ___. EFFECTIVE DATE. Section 100 of this 30 division of this Act, relating to federal welfare 31 reform compliance, being deemed of immediate 32 importance, takes effect upon enactment. 33 DIVISION " 34 4. Title page, line 1, by inserting before the 35 word "appropriations" the following: "and other". 36 5. Title page, by striking lines 2 and 3, and 37 inserting the following: "fiscal year beginning July 38 1, 1996, and subsequent fiscal years, reestablishing a 39 domestic abuse services income tax checkoff, including 40 retroactive applicability provisions, and providing 41 effective dates." 42 6. By renumbering, relettering, or redesignating 43 and correcting internal references as necessary. Amendment H-1992 was adopted. Millage of Scott offered the following amendment H-1993 filed by Millage, Jacobs and Greig from the floor and moved its adoption: H-1993 1 Amend Senate File 542, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 10, by inserting after line 10 the 4 following: 5 "DIVISION 6 Sec. ___. VALUE-ADDED PRODUCTION ASSISTANCE. 7 1. It is the intent of the general assembly to 8 support the creation of an ag-initiative 2000 9 subaccount in the community economic betterment 10 program account as provided in and for the purposes 11 stated in the Senate amendment, H-1975, to House File 12 731. As evidence of this support, the general 13 assembly directs the department of economic 14 development to use resources under existing financial 15 assistance programs to support the organization of 16 innovative ownership and management entities involving 17 valued-added agricultural processes. The department 18 shall explore all capital assistance opportunities and 19 may consider proposals from and negotiate with 20 potential entities. 21 2. The legislative council shall create a four- 22 member task force consisting of one senator of each 23 party and one representative of each party designated 24 by their respective leadership which shall assist the 25 department of economic development and the office of 26 the governor in any negotiations. 27 3. Proposals developed in conjunction with the 28 department, the governor, and the task force for 29 providing capital incentives or capital assistance 30 presently not available shall be presented to the 31 general assembly for its approval. 32 4. The department of economic development shall 33 report to the task force and the office of the 34 governor on its activities pursuant to this section." 35 2. By renumbering as necessary. Amendment H-1993 was adopted. Millage 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. 542) The ayes were, 96: Arnold Barry Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brauns Brunkhorst Bukta Burnett Carroll Cataldo Chapman Chiodo Churchill Cohoon Cormack Dinkla Dix Doderer Dolecheck Dotzler Drake Drees Eddie Falck Foege Ford Frevert Garman Gipp Greig Greiner Gries Grundberg Hahn Hansen Heaton Holmes Holveck Houser Huseman Huser Jacobs Jenkins Jochum Kinzer Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Martin Mascher May Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson Osterhaus Rants Rayhons Reynolds-Knight Richardson Scherrman Schrader Shoultz Siegrist Sukup Taylor Teig Thomas Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Whitead Witt Mr. Speaker Corbett The nays were, 3: Fallon O'Brien Wise Absent or not voting, 1: Connors The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 542 be immediately messaged to the Senate. REMARKS BY MINORITY LEADER SCHRADER Schrader of Marion offered the following remarks: Thank you, Mr. Speaker. Ladies and Gentlemen of the House, it's a tradition for the leaders to give a speech on the closing night of the session. The things I want to say are very important to me because I want to recognize some people that I think have made me look very good. They have made the Democratic caucus look very good, and have made the General Assembly look very good. First I would like to say thanks to Mark and Carolyn from my office, and Paulee, Anna, Tom, Jennifer, Jim, Mary, Ed, and Joe from our caucus staff. When you have great folks working for you, it's very easy for you to look good when you're out here in front. I also want to say thanks to the members of my caucus. Some of you folks on the other side of the aisle have served in the minority. Some of us served in the majority. Anyone that has served in each place knows darn well where you want to be. We're not where we'd like to be, but we made the best of being the minority party. And I thank the members of the House Democratic caucus for all their hard work and dedication to the people of Iowa, and their dedication to one another. To the members of the Republican caucus, I'd like to say thanks to you also. We've had our share of fights this session, but we've had our share of agreements. Either way, I think we work together in a way that the people of Iowa expect us to, and I think the people of Iowa are proud of us because of it. It's a far cry from the way things go on in Washington, D.C., and when I traveled to other states and talked with other leaders, I found that it's a far cry from the way things work in other legislatures. Much of the reason for that is because of the leaders that you folks on the Republican side of the aisle have chosen. Representative Siegrist has done a great job of running this place. I don't believe I've ever stood and asked a question at the end of the day or the end of the week that didn't get an answer. And that answer was accurate. I appreciate that, Representative Siegrist. I think you've done a great job. Speaker Corbett, I commend you on the hard work that you've done, leading your party through this session and the leadership that you've provided for your caucus and for the House. I think that the people of Iowa again are proud of the work that we've accomplished, and that's because of your leadership. I thank you for that. It's going to be a great summer, and like all of you I've got another life, and I'm looking forward to finding a dirt track somewhere, taking this suit off, and donning some blue jeans. Thanks very much. REMARKS BY MAJORITY LEADER SIEGRIST Siegrist of Pottawattamie offered the following remarks: Thank you, Mr. Speaker. Ladies and Gentlemen of the House, this may be a brief speech because coming in this morning, I was not confident we would be going home tonight. However, I am thrilled that I stand before you, just a few minutes away from adjourning the 1997 legislative session. It has been an extremely hectic week. However, I did find time to take a look at my opening day speech that I gave 107 days ago. At that time, I outlined a narrow but focused agenda for the majority party. I said that we would do something that needed to be done, and that was to fully fund our commitments to the educational system in the State of Iowa. The second item was to pass Learnfare. Thirdly, we wanted to pass the "Restore the Outdoors" plan to repair our state park system. Fourthly, was to urge the U.S. Congress to pass a balanced budget amendment. Fifthly, was to make an impact on the juvenile crime problem in the State of Iowa, and finally, to cut the tax burden in the State of Iowa by eliminating the inheritance tax, cut income taxes across the board, and provide property tax relief. I am happy to say that we accomplished all six goals this legislative session. Beyond that, many other issues were addressed, ranging from providing more state money for needed housing programs in the state, to fully funding the tax credits to the cities and counties and schools in the State of Iowa. We have ensured that our roads will be safer by enacting some of the toughest drunk driver laws in the nation. We have provided a tremendous increase in our child care funding for welfare recipients as we work to make sure our welfare recipients can find jobs and become tax paying citizens of our state. We provided additional funding for case management so that our senior citizens can stay longer in their own homes and maintain their dignity as they grow old in our state. The area of juvenile crime saw substantial new funding ranging from building additional beds at Eldora to providing additional money for preventive programs for our delinquent juveniles. And we made sure that our regents institutions maintain their highly regarded academic image by embarking upon a major capital improvement program at each of the institutions. The list goes on and on, and I know that when we leave here, all of us - Democrats and Republicans - will be talking about the many good things that we did. I think that the legacy of this session will be realized several months from now as this state reaps the benefits of a reduced tax burden and the creation of many new jobs as a result of our actions this year. I am confident that the actions we have taken this year will result in higher wages for our workers, more jobs for our citizens, and a better future for our children. All in all, a very productive legislative session for the people of Iowa. As we go home tonight, I am sure that I cannot thank everyone that needs to be thanked, but I will try. Thanks to everyone who makes this place run - from the doormen to the phone operators, to the people in the Fiscal Bureau, the Service Bureau, the post office, and, of course, the Pages. This place wouldn't be as pleasant to work in without your help. Special thanks go to our caucus staffs. I won't name all of the members of the Republican caucus staff, but suffice it to say, you make a huge difference to the future of Iowa by making sure we have the proper and necessary information. Thanks again! Liz, Alyce, Gayle and Jeff, thank you for helping me run this place as smoothly as I think it was run this year. To the members of the lobby whom I have been avoiding the last several days, thanks once again. You have proven that Iowa is a unique, honest and upstanding state to watch the political process. I have found every one of you to be honest, competent and full of integrity. The information you provide us allows us to make the best decisions for the people of Iowa. While nationally, lobbyist seems to be a bad word, in this chamber, we recognize you as people necessary in the legislative process. To the members of the press, as always, thank you for your coverage of this body. I have always found the reporting to be fair, even handed, and enlightening. I have tried to be honest with you, and I have appreciated the respect you have shown me. You always report the facts; however, on certain days, I wonder about some of the columns you write. To Representative Schrader, may the roads be circular without bumps, and the minority caucus, thank you. We had disagreements, but by and large, we worked in a very cooperative manner and it made this session more pleasant. To House Republicans and the leadership team, thank you. We did it together and we have much to be proud of. Susan, Becky and Sarah - what more can I say that I haven't said before. You guys run the place and I try not to screw it up. And finally, Mr. Speaker, thank you for all your hard work in what could have been a stressful relationship because of perceived future political plans. We worked hand-in-hand and got the job done. Ladies and Gentlemen, it is time to go home. Working together, we have made a difference. It hasn't been easy but we got it done. The stress and pressure of the session is about to be released. As Jimmy Buffet, my favorite writer, who I am going to see in concert this weekend, said in a recent song - "What's the remedy? We are not talking about rocket science. The answer to your question's very plain to see. You need a holiday. Take a holiday." Mr. Speaker, Ladies and Gentlemen, I am going to go home, see my wife, Valerie, and my son, Evan, and take a holiday and re-energize myself. I look forward to seeing you all next January. Thank you very much. REMARKS BY SPEAKER CORBETT Speaker Corbett offered the following remarks: Well to my colleagues, or should I say my friends, I want to thank you for your services here, your work this year, your dedication to the state of Iowa, and your commitment to making the future of this state bright. I want to thank you Representative Schrader for your cooperation. As one of those members who has had a chance to serve in the minority, I appreciate and understand the role and the impact that you have during this session. So thank you for your cooperation. For Representative Siegrist, I thank you for your leadership, and you're lucky we're not meeting in that primary next June. For all the people who work behind the scenes to keep this House rolling, thank you very much. There's a natural tendency in politics to have friction between the two parties. Golda Meir said, "You cannot shake hands with a clenched fist." It is my hope that when we walk out of those doors in a few minutes, we pat each other on the back and share in the successes of this year. And let's work to build on our joint accomplishments in setting an agenda for next year. I started off the beginning of this session quoting a quote I've said, "The greatest work you will ever do is within the walls of your own home." They call this place a house, and we've had some great accomplishments within the walls of this house. But it is not our home, and it's time to go home. So I wish you all the best and have a great summer. Thank you for your work. ADOPTION OF HOUSE CONCURRENT RESOLUTION 27 Siegrist of Pottawattamie asked and received unanimous consent for the immediate consideration of House Concurrent Resolution 27, a concurrent resolution to provide for adjournment sine die, as follows and moved its adoption: 1 HOUSE CONCURRENT RESOLUTION 27 2 by Siegrist and Schrader 3 A House concurrent resolution to provide for 4 adjournment sine die. 5 Be It Resolved By The House Of Representatives, The 6 Senate Concurring, That when adjournment is had on 7 Tuesday, April 29, 1997, it shall be the final 8 adjournment of the 1997 Regular Session of the 9 Seventy-seventh General Assembly. The motion prevailed and the resolution was adopted. EXPLANATIONS OF VOTE On Monday, April 28, I inadvertently voted "nay" on House File 733. I meant to vote "aye." METCALF of Polk I was necessarily absent from the House chamber on April 28 and 29, 1997. Had I been present, I would have voted "aye" on House Files 142, 266, 456, 540, 612, 636, 642, 662, 702, 722, 724, 726, 730, 733, 734 and Senate Files 161, 410, 529, 541, 542, 544 and 553. NELSON of Marshall BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR The Chief Clerk of the House submitted the following report: Mr. Speaker: The Chief Clerk of the House respectfully reports that the following bills have been examined and found correctly enrolled, signed by the Speaker of the House and the President of the Senate, and presented to the Governor for his approval on this 29th day of April, 1997: House Files 306, 307, 492, 515, 615, 616, 628, 643, 645, 680, 692, 694, 701, and 717. ELIZABETH A. ISAACSON Chief Clerk of the House Report adopted. BILLS SIGNED BY THE GOVERNOR A communication was received from the Governor announcing that on April 29, 1997, he approved and transmitted to the Secretary of State the following bills: House File 331, an act relating to the authorization of school officials to conduct searches of students, student protected areas, lockers, desks, and other facilities and spaces and including effective and applicability provisions. Senate File 193, an act relating to the election of trustees for special land use districts. HOUSE AND SENATE FILES REREFERRED TO COMMITTEE Under the provisions of House Rule 45, the following House Files and Senate Files are rereferred to the committees listed: House File 504 Ways and Means House File 564 Commerce-Regulation House File 580 State Government House File 639 Labor and Industrial Relations House File 663 Judiciary House File 665 Judiciary House File 667 Judiciary House File 670 Commerce-Regulation House File 672 Agriculture House File 681 Environmental Protection House File 682 Local Government House File 706 Agriculture House File 716 Ways and Means House File 720 Ways and Means Senate File 40 Judiciary Senate File 117 Judiciary Senate File 357 State Government Senate File 359 State Government Senate File 420 Transportation Senate File 429 Natural Resources Senate File 459 Human Resources PRESENTATION OF VISITORS The Speaker announced that the following visitors were present in the House chamber: Forty-eight 4th grade students from Woodbury Central School, Moville, accompanied by Mr. Jefferes, Miss Perret, and Mrs. Love. By Klemme of Plymouth. Ten Talented and Gifted Leadership class students from Orient-Macksburg School, Orient, accompanied by Roberta Hepburn. By Kremer of Buchanan and Dinkla of Guthrie. Fifty-two 4th grade students from East Elementary School, Ankeny, accompanied by Julie Snyder. By Lamberti of Polk. 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 1997\488 Joey Woody, Cedar Falls - For breaking the University Collegiate record for 400 Intermediate Hurdles, 1997 Drake Relays. 1997\489 Erik Naaktgeboren, Central City - For attaining the rank of Eagle Scout, the highest rank in the Boy Scouts of America. 1997\490 Michael J. Feller, Sibley-Ocheyedan High School, Sibley - For being selected a Northwest Regional Winner for the Des Moines Register's 1997 Academic All-State Team. 1997\491 Mike Wallinga, Hartley-Melvin-Sanborn High School, Hartley - For being named to the Des Moines Register's 1997 Academic All-State Team. 1997\492 Jill Dinkla, Guthrie Center - For receiving 2nd place in the 1997 State of Iowa Knights of Columbus Spelling Bee. 1997\493 Michael Rosenberg of West High School, Waterloo - For being named to the Des Moines Register's 1997 Academic All-State Team. 1997\494 Sarah Gray, Cedar Falls - For winning three straight titles in the 1997 Drake Relays High School 3,000 run. PETITION FILED The following petition was received and placed on file: By Holveck of Polk from One thousand one hundred forty-six Supporters of Public Libraries favoring "Enrich Iowa: Fund Libraries." AMENDMENTS FILED H_1975 H.F. 731 Senate Amendment H_1977 H.F. 731 Richardson of Warren H_1978 H.F. 731 Osterhaus of Jackson H_1979 H.F. 731 Chiodo of Polk H_1980 H.F. 731 Osterhaus of Jackson H_1981 H.F. 731 Chiodo of Polk H_1982 H.F. 731 Chiodo of Polk H_1985 H.F. 731 Chiodo of Polk H_1986 H.F. 731 Chiodo of Polk H_1987 H.F. 731 Fallon of Polk H_1988 H.F. 731 Fallon of Polk H_1990 H.F. 697 Senate Amendment The House stood at ease at 7:37 p.m., until the fall of the gavel.
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Iowa General Assembly
Index: House Journal (77th General Assembly: Session 1)
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