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House Journal: Monday, April 17, 2000

JOURNAL OF THE HOUSE

Ninety-ninth Calendar Day - Sixty-fourth Session Day

Hall of the House of Representatives
Des Moines, Iowa, Monday, April 17, 2000

The House met pursuant to adjournment at 1:50 p.m., Dix of
Butler in the chair.

Prayer was sung by Nikki Peters, a junior at Marshalltown High
School.

The Journal of Friday, April 14, 2000 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by students from Nora Springs-
Rock Falls Community School.

SPECIAL PRESENTATION

Prior to convening, students from the Nora Springs-Rock Falls
Peacemakers addressed the House regarding promoting a mediation
program accompanied by Layton Zbornik who began the Peacemakers
program. He and the students have traveled throughout the midwest
promoting their program.

SENATE AMENDMENT CONSIDERED

Nelson-Forbes of Marshall called up for consideration House File
2433, a bill for an act relating to community college governance,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-8862:

H-8862

1 Amend House File 2433, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, line 20, by striking the words
4 "certified annual report with the".
5 2. Page 1, line 29, by striking the word "eleven"
6 and inserting the following: "thirteen".
7 3. Page 2, by striking lines 16 through 18 and

8 inserting the following:
9 "(___) The Iowa association of school boards shall
10 appoint one member.
11 (___) The Iowa state education association shall
12 appoint one member.
13 (___) The Iowa association of business and industry
14 shall appoint one member."
15 4. Page 2, by striking lines 24 through 31 and
16 inserting the following: "education for approval and
17 adoption."
18 5. Page 3, by inserting after line 19 the
19 following:
20 " ___. A plan to improve sharing of data on student
21 academic performance and career planning between
22 school districts and community colleges. The plan
23 shall be developed utilizing community college
24 personnel and the bureau of community colleges.
25 ___. A report on strategic planning transmitted to
26 the senate and house standing committees on education
27 and the joint appropriations subcommittee on education
28 by January 15, 2001."
29 6. By striking page 3, line 20 through page 4,
30 line 5.
31 7. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-8862.

Nelson-Forbes of Marshall 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. 2433)

The ayes were, 90:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Garman Gipp Greimann
Greiner Hahn Hansen Hoffman
Holmes Holveck Horbach Houser
Huseman Huser Jacobs Jager
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Millage
Mundie Murphy Myers Nelson-Forbes
O'Brien Osterhaus Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey Siegrist, Spkr. Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Fossen
Weidman Welter Whitead Wise
Witt Dix,
Presiding

 


The nays were, 6:
Frevert Parmenter Shoultz Stevens
Warnstadt Weigel

 


Absent or not voting, 4:
Doderer Grundberg Heaton Van Engelenhoven

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

CONSIDERATION OF BILLS
Regular Calendar

House File 2573, a bill for an act relating to eligibility for United
States armed forces retired special motor vehicle license plates, 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?" (H.F. 2573)

The ayes were, 97:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brunkhorst Bukta
Carroll Cataldo Chiodo Cohoon
Connors Cormack Davis Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greimann Greiner Grundberg Hahn
Hansen Hoffman Holmes Holveck
Horbach Houser Huseman Huser
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Millage Mundie Murphy
Myers Nelson-Forbes O'Brien Osterhaus
Parmenter Raecker Rants Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Siegrist, Spkr. Stevens
Sukup Sunderbruch Taylor, D. Taylor, T.
Teig Thomas Thomson Tyrrell
Van Fossen Warnstadt Weidman Weigel
Welter Whitead Wise Witt
Dix,
Presiding

 


The nays were, none.

Absent or not voting, 3:
Brauns Heaton Van Engelenhoven

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

Ways and Means Calendar

House File 2569, a bill for an act exempting the sale of livestock
ear tags by certain nonprofit organizations from the sales and use
taxes, with report of committee recommending passage, was taken up
for consideration.

Teig of Hamilton offered the following amendment H-8876 filed by
him and moved its adoption:

H-8876

1 Amend House File 2569 as follows:
2 1. Page 1, line 5, by striking the figure "(3)"
3 and inserting the following: "(6)".

Amendment H-8876 was adopted.


Teig of Hamilton moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (H.F. 2569)

The ayes were, 98:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greimann Greiner Grundberg
Hahn Hansen Hoffman Holmes
Holveck Horbach Houser Huseman
Huser Jacobs Jager Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lord Martin Mascher May
Mertz Metcalf Millage Mundie
Murphy Myers Nelson-Forbes O'Brien
Osterhaus Parmenter Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey Shoultz Siegrist, Spkr.
Stevens Sukup Sunderbruch Taylor, D.
Taylor, T. Teig Thomas Thomson
Tyrrell Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Dix,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Heaton Van Engelenhoven

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2433, 2569 and 2573.

SENATE AMENDMENT CONSIDERED

Sukup of Franklin called up for consideration House File 2548, a
bill for an act relating to the administration of the tax and related
laws by the department of revenue and finance, including
administration of state individual income, corporate income, sales
and use, hotel and motel, real estate transfer, environmental
protection charge on petroleum diminution, property, motor fuel,
special fuel, cigarette and tobacco products, and inheritance taxes,
treatment of motor fuel under the local option taxes, and authorizing
tax agreements with Indian tribes, and including effective and
retroactive applicability date provisions, amended by the Senate, and
moved that the House concur in the following Senate amendment
H-8907:

H-8907

1 Amend House File 2548, 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 15.331A, subsection 2, Code
6 1999, is amended to read as follows:
7 2. The eligible business or a supporting business
8 shall, not more than six months one year after project
9 completion, make application to the department for any
10 refund of the amount of the taxes paid pursuant to
11 chapter 422 or 423 upon any goods, wares, or
12 merchandise, or services rendered, furnished, or
13 performed, including water, sewer, gas, and electric
14 utility services. The application shall be made in
15 the manner and upon forms to be provided by the
16 department, and the department shall audit the claim
17 and, if approved, issue a warrant to the eligible
18 business or supporting business in the amount of the
19 sales or use tax which has been paid to the state of
20 Iowa under a contract. A claim filed by the eligible
21 business or a supporting business in accordance with
22 this section shall not be denied by reason of a
23 limitation provision set forth in chapter 421, 422, or
24 423.
25 Sec. 2. Section 404.4, unnumbered paragraph 2,
26 Code 1999, is amended to read as follows:
27 An application shall be filed for each new
28 exemption claimed. The first application for an
29 exemption shall be filed by the owner of the property
30 with the governing body of the city or county in which
31 the property is located by February 1 of the

32 assessment year for which the exemption is first
33 claimed, but not later than the year in which all
34 improvements included in the project are first
35 assessed for taxation, unless, upon the request of the
36 owner at any time, the governing body of the city or
37 county provides by resolution that the owner may file
38 an application by February 1 of any other assessment
39 year selected by the governing body in which case the
40 exemption is allowed for the number of years remaining
41 in the exemption schedule selected. The application
42 shall contain, but not be limited to, the following
43 information: The nature of the improvement, its cost,
44 the estimated or actual date of completion, the
45 tenants that occupied the owner's building on the date
46 the city or county adopted the resolution referred to
47 in section 404.2, subsection 1, and which exemption in
48 section 404.3 or in the different schedule, if one has
49 been adopted, will be elected.
50 Sec. 3. Section 421.17, subsection 16, Code

Page 2

1 Supplement 1999, is amended to read as follows:
2 16. To call upon any a state department agency or
3 institution for technical advice and data which may be
4 of value in connection with the work of assessment and
5 taxation the department.
6 Sec. 4. NEW SECTION. 421.46 TAX AGREEMENTS WITH
7 INDIAN TRIBES.
8 1. "Indian country" means the Indian country as
9 defined in 18 U.S.C. 1151, and includes trust land
10 as defined by the United States secretary of the
11 interior.
12 2. The department and the governing council of an
13 Indian tribe may enter into an agreement to provide
14 for the collection and distribution or refund by the
15 department within Indian country of any tax or fee
16 imposed by the state and administered by the
17 department.
18 An agreement may also provide for the collection
19 and distribution by the department of any tribal tax
20 or fee imposed by tribal ordinance. The agreement may
21 provide for the retention of an administrative fee by
22 the department which fee shall be an agreed upon
23 percentage of the gross revenue of the tribal tax or
24 fee collected.
25 3. The provisions of this section shall not be
26 construed to establish or relinquish any jurisdiction
27 the state or an Indian tribe might have to levy or
28 collect from any person any tax or fee within or
29 without Indian country.
30 Sec. 5. Section 421.60, subsection 2, Code 1999,

31 is amended by adding the following new paragraph:
32 NEW PARAGRAPH. m. (1) The director may abate
33 unpaid state sales and use taxes and local sales and
34 services taxes owed by a retailer in the event that
35 the retailer failed to collect tax from the purchaser
36 as a result of erroneous written advice issued by the
37 department that was specially directed to the retailer
38 by the department and the retailer is unable to
39 collect the tax, interest, or penalties from the
40 purchaser. Before the tax, interest, and penalties
41 shall be abated on the basis of erroneous written
42 advice, the retailer must present a copy of the
43 retailer's request for written advice to the
44 department and a copy of the department's reply. The
45 department shall not maintain a position against the
46 retailer that is inconsistent with the erroneous
47 written advice, except on the basis of subsequent
48 written advice sent by the department to that
49 retailer, or a change in state or federal law, a
50 reported court case to the contrary, a contrary rule

Page 3

1 adopted by the department, a change in material facts
2 or circumstances relating to the retailer, or the
3 retailer's misrepresentation or incomplete or
4 inadequate representation of material facts and
5 circumstances in requesting the written advice.
6 (2) The director shall abate the unpaid state
7 sales and use taxes and any local sales and services
8 taxes owed by a retailer where the retailer failed to
9 collect the tax from the purchaser on the charges paid
10 for access to on-line computer services as a result of
11 erroneous written advice issued by the department
12 regarding the taxability of charges paid for access to
13 on-line computer services. To qualify for the
14 abatement under this subparagraph, the erroneous
15 written advice shall have been issued by the
16 department prior to July 1, 1999, and shall have been
17 specially directed to the retailer by the department.
18 (3) The director shall prepare quarterly reports
19 summarizing each case in which abatement of tax,
20 interest, or penalties was made. However, the report
21 shall not disclose the identity of the taxpayer. An
22 abatement authorized by this paragraph to a retailer
23 shall not preclude the department from proceeding to
24 collect the liability from a purchaser.
25 Sec. 6. Section 422.45, subsection 56, Code
26 Supplement 1999, is amended to read as follows:
27 56. The gross receipts from charges paid to a
28 provider for access to on-line computer services. For
29 purposes of this subsection, "on-line computer

30 service" means a service that provides or enables
31 computer access by multiple users to the internet or
32 to other information made available through a computer
33 server.
34 Sec. 7. Section 422.47, subsection 2, Code
35 Supplement 1999, is amended by striking the
36 subsection.
37 Sec. 8. Section 422.52, subsection 6, paragraph a,
38 Code Supplement 1999, is amended to read as follows:
39 a. If a purchaser fails to pay tax imposed by this
40 division to the retailer required to collect the tax,
41 then in addition to all of the rights, obligations,
42 and remedies provided, the tax is payable by the
43 purchaser directly to the department, and sections
44 422.50, 422.51, 422.52, 422.54, 422.55, 422.56,
45 422.57, 422.58, and 422.59 apply to the purchaser.
46 For failure, the retailer and purchaser are liable,
47 unless the circumstances described in section 421.60,
48 subsection 2, paragraph "m", or section 422.47,
49 subsection 3, paragraph "b" or "e", or subsection 4,
50 paragraph "b" or "d", are applicable.

Page 4

1 Sec. 9. Section 422.53, subsection 3, Code
2 Supplement 1999, is amended to read as follows:
3 3. The department shall grant and issue to each
4 applicant a permit for each place of business within
5 the state. a permit is not assignable and is valid
6 only for the person in whose name it is issued and for
7 the transaction of business at the place designated or
8 a place of relocation within the state if the
9 ownership remains the same.
10 Sec. 10. Section 422.110, unnumbered paragraph 1,
11 Code Supplement 1999, is amended to read as follows:
12 In lieu of the fuel tax refund provided in section
13 452A.17, a person or corporation subject to taxation
14 under divisions II or III of this chapter may elect to
15 receive an income tax credit. The person or
16 corporation which elects to receive an income tax
17 credit shall cancel its refund permit obtained under
18 section 452A.18 within thirty days after the first day
19 of its tax year or the permit becomes invalid at that
20 time. For the purposes of this section, "person"
21 includes a person claiming a tax credit based upon the
22 person's pro rata share of the earnings from a
23 partnership, limited liability company, or corporation
24 which is not subject to a tax under division II or III
25 of this chapter as a partnership, limited liability
26 company, or corporation. If the election to receive
27 an income tax credit has been made, it remains
28 effective for at least one tax year, and for

29 subsequent tax years unless a change is requested and
30 a new refund permit applied for within thirty days
31 after the first day of the person's or corporation's
32 tax year. The income tax credit shall be the amount
33 of the Iowa fuel tax paid on fuel purchased by the
34 person or corporation and is subject to the conditions
35 provided in section 452A.17 with the exception that
36 the income tax credit is not available for refunds
37 relating to casualty losses, transport diversions,
38 pumping credits, blending errors, idle time, power
39 takeoffs, reefer units, and exports by eligible
40 purchasers distributors.
41 Sec. 11. Section 422A.1, Code 1999, is amended by
42 adding the following new unnumbered paragraph after
43 unnumbered paragraph 1:
44 NEW UNNUMBERED PARAGRAPH. Within ten days of the
45 election at which a majority of those voting on the
46 question favors the imposition, repeal, or change in
47 the rate of the hotel and motel tax, the county
48 auditor shall give written notice by sending a copy of
49 the abstract of votes from the favorable election to
50 the director of revenue and finance.

Page 5

1 Sec. 12. Section 422B.8, unnumbered paragraph 1,
2 Code Supplement 1999, is amended to read as follows:
3 A local sales and services tax at the rate of not
4 more than one percent may be imposed by a county on
5 the gross receipts taxed by the state under chapter
6 422, division IV. A local sales and services tax
7 shall be imposed on the same basis as the state sales
8 and services tax or in the case of the use of natural
9 gas, natural gas service, electricity, or electric
10 service on the same basis as the state use tax and
11 shall not be imposed on the sale of any property or on
12 any service not taxed by the state, except the tax
13 shall not be imposed on the gross receipts from the
14 sale of motor fuel or special fuel as defined in
15 chapter 452a which is consumed for highway use or in
16 watercraft or aircraft if the fuel tax is paid on the
17 transaction and a refund has not or will not be
18 allowed, on the gross receipts from the rental of
19 rooms, apartments, or sleeping quarters which are
20 taxed under chapter 422a during the period the hotel
21 and motel tax is imposed, on the gross receipts from
22 the sale of equipment by the state department of
23 transportation, on the gross receipts from the sale of
24 self-propelled building equipment, pile drivers,
25 motorized scaffolding, or attachments customarily
26 drawn or attached to self-propelled building
27 equipment, pile drivers, and motorized scaffolding,

28 including auxiliary attachments which improve the
29 performance, safety, operation, or efficiency of the
30 equipment and replacement parts and are directly and
31 primarily used by contractors, subcontractors, and
32 builders for new construction, reconstruction,
33 alterations, expansion, or remodeling of real property
34 or structures, and on the gross receipts from the sale
35 of a lottery ticket or share in a lottery game
36 conducted pursuant to chapter 99E and except the tax
37 shall not be imposed on the gross receipts from the
38 sale or use of natural gas, natural gas service,
39 electricity, or electric service in a city or county
40 where the gross receipts from the sale of natural gas
41 or electric energy are subject to a franchise fee or
42 user fee during the period the franchise or user fee
43 is imposed. A local sales and services tax is
44 applicable to transactions within those incorporated
45 and unincorporated areas of the county where it is
46 imposed and shall be collected by all persons required
47 to collect state gross receipts taxes. However, a
48 person required to collect state retail sales tax
49 under chapter 422, division IV, is not required to
50 collect local sales and services tax on transactions

Page 6

1 delivered within the area where the local sales and
2 services tax is imposed unless the person has physical
3 presence in that taxing area. All cities contiguous
4 to each other shall be treated as part of one
5 incorporated area and the tax would be imposed in each
6 of those contiguous cities only if the majority of
7 those voting in the total area covered by the
8 contiguous cities favor its imposition.
9 Sec. 13. Section 422E.3, subsection 2, Code
10 Supplement 1999, is amended to read as follows:
11 2. The tax shall be imposed on the same basis as
12 the state sales and services tax or in the case of the
13 use of natural gas, natural gas service, electricity,
14 or electric service on the same basis as the state use
15 tax and shall not be imposed on the sale of any
16 property or on any service not taxed by the state,
17 except the tax shall not be imposed on the gross
18 receipts from the sale of motor fuel or special fuel
19 as defined in chapter 452A which is consumed for
20 highway use or in watercraft or aircraft if the fuel
21 tax is paid on the transaction and a refund has not or
22 will not be allowed, on the gross receipts from the
23 rental of rooms, apartments, or sleeping quarters
24 which are taxed under chapter 422A during the period
25 the hotel and motel tax is imposed, on the gross
26 receipts from the sale of equipment by the state

27 department of transportation, on the gross receipts
28 from the sale of self-propelled building equipment,
29 pile drivers, motorized scaffolding, or attachments
30 customarily drawn or attached to self-propelled
31 building equipment, pile drivers, and motorized
32 scaffolding, including auxiliary attachments which
33 improve the performance, safety, operation, or
34 efficiency of the equipment, and replacement parts and
35 are directly and primarily used by contractors,
36 subcontractors, and builders for new construction,
37 reconstruction, alterations, expansion, or remodeling
38 of real property or structures, and on the gross
39 receipts from the sale of a lottery ticket or share in
40 a lottery game conducted pursuant to chapter 99E and
41 except the tax shall not be imposed on the gross
42 receipts from the sale or use of natural gas, natural
43 gas service, electricity, or electric service in a
44 city or county where the gross receipts from the sale
45 of natural gas or electric energy are subject to a
46 franchise fee or user fee during the period the
47 franchise or user fee is imposed.
48 Sec. 14. Section 423.4, subsection 9, Code
49 Supplement 1999, is amended to read as follows:
50 9. Vehicles subject to registration which are

Page 7

1 transferred from a business or individual conducting a
2 business within this state as a sole proprietorship,
3 or partnership, or limited liability company to a
4 corporation formed by the sole proprietorship, or
5 partnership, or limited liability company for the
6 purpose of continuing the business when all of the
7 stock of the corporation so formed is owned by the
8 sole proprietor and the sole proprietor's spouse, or
9 by all the partners in the case of a partnership, or
10 by all of the members in the case of a limited
11 liability company. This exemption is equally
12 available where the vehicles subject to registration
13 are transferred from a corporation to a sole
14 proprietorship, or partnership, or limited liability
15 company formed by that corporation for the purpose of
16 continuing the business when all of the incidents of
17 ownership are owned by the same person or persons who
18 were stockholders of the corporation.
19 This exemption also applies where the vehicles
20 subject to registration are transferred from a
21 corporation as part of the liquidation of the
22 corporation to its stockholders if within three months
23 of such transfer the stockholders retransfer those
24 vehicles subject to registration to a sole
25 proprietorship, partnership, or limited liability

26 company for the purpose of continuing the business of
27 the corporation when all of the incidents of ownership
28 are owned by the same person or persons who were
29 stockholders of the corporation.
30 Sec. 15. Section 424.10, subsections 1 and 3, Code
31 Supplement 1999, are amended to read as follows:
32 1. As soon as practicable after a return is filed
33 and in any event within five three years after the
34 return is filed the department shall examine it,
35 assess and determine the charge due if the return is
36 found to be incorrect, and give notice to the
37 depositor of such the assessment and determination as
38 provided in subsection 2. The period for the
39 examination and determination of the correct amount of
40 the charge is unlimited in the case of a false or
41 fraudulent return made with the intent to evade the
42 charge or in the case of a failure to file a return.
43 If the determination that a return is incorrect is the
44 result of an audit of the books and records of the
45 depositor, the charge, or additional charge, if any is
46 found due, shall be assessed and determined and the
47 notice to the depositor shall be given by the
48 department within one year after the completion of the
49 examination of the books and records.
50 3. If the amount paid is greater than the correct

Page 8

1 charge, penalty, and interest due, the department
2 shall refund the excess, with interest after sixty
3 days from the date of payment at the rate in effect
4 under section 421.7, pursuant to rules prescribed by
5 the director. However, the director shall not allow a
6 claim for refund that has not been filed with the
7 department within five three years after the charge
8 payment upon which a refund is claimed became due, or
9 one year after the charge payment was made, whichever
10 time is later. A determination by the department of
11 the amount of charge, penalty, and interest due, or
12 the amount of refund for any excess amount paid, is
13 final unless the person aggrieved by the determination
14 appeals to the director for a revision of the
15 determination within sixty days from the date of the
16 notice of determination of charge, penalty, and
17 interest due or refund owing. The director shall
18 grant a hearing, and upon hearing the director shall
19 determine the correct charge, penalty, and interest
20 due or refund owing, and notify the appellant of the
21 decision by mail. The decision of the director is
22 final unless the appellant seeks judicial review of
23 the director's decision under section 424.13.
24 Sec. 16. Section 424.10, subsection 2, Code

25 Supplement 1999, is amended to read as follows:
26 2. If a return required by this chapter is not
27 filed, or if a return when filed is incorrect or
28 insufficient and the maker fails to file a corrected
29 or sufficient return within twenty days after the
30 return is required by notice from the department, the
31 department shall determine the amount of charge due
32 from information as the department may be able to
33 obtain and, if necessary, may estimate the charge on
34 the basis of external indices or factors. The
35 department shall give notice of the determination to
36 the person liable for the charge. The determination
37 shall fix the charge unless the person against whom it
38 is assessed shall, within sixty days after the date of
39 the notice of the determination, apply to the director
40 for a hearing or unless the taxpayer person against
41 whom it is assessed contests the determination by
42 paying the tax charge, interest, and penalty and
43 timely filing a claim for refund. At the hearing
44 evidence may be offered to support the determination
45 or to prove that it is incorrect. After the hearing
46 the director shall give notice of the decision to the
47 person liable for the charge.
48 If a depositor's, receiver's, or other person's
49 challenge relates to the diminution rate, the burden
50 of proof upon the challenger shall only be satisfied

Page 9

1 by clear and convincing evidence.
2 Sec. 17. Section 424.12, Code 1999, is amended to
3 read as follows:
4 424.12 RECORDS REQUIRED.
5 It shall be is the duty of every depositor required
6 to make a report and pay any charge under this
7 chapter, to preserve such records as the director may
8 require, and it shall be is the duty of every
9 depositor to preserve for a period of five three years
10 all invoices and other records; and all such books,
11 invoices, and other records shall be open to
12 examination at any time by the department, and shall
13 be made available within this state for such
14 examination upon reasonable notice when the director
15 shall so order. When requested to do so by any person
16 from whom a charge payer is seeking credit, or with
17 whom the charge payer is negotiating the sale of any
18 personal property, or by any other person having a
19 legitimate interest in such information, the director,
20 upon being satisfied that such a situation exists,
21 shall inform such that person as to the amount of
22 unpaid charges due by the charge payer under the
23 provisions of this chapter. The giving of such

24 information under such circumstances shall not be
25 deemed a violation of section 422.72 as applied to
26 this chapter.
27 Section 422.72 applies to this chapter as if the
28 environmental protection charge were a tax.
29 Sec. 18. Section 424.13, subsection 2, Code 1999,
30 is amended to read as follows:
31 2. For cause and upon a showing by the director
32 that collection of the tax charge in dispute is in
33 doubt, the court may order the petitioner to file with
34 the clerk a bond for the use of the respondent, with
35 sureties approved by the clerk, in the amount of tax
36 the charge appealed from, conditioned that the
37 petitioner shall perform the orders of the court.
38 Sec. 19. Section 424.15, unnumbered paragraph 1,
39 Code 1999, is amended to read as follows:
40 If it appears that, as a result of mistake, an
41 amount of a charge, penalty, or interest has been paid
42 which was not due under the provisions of this
43 chapter, then such that amount shall be refunded to
44 such person the charge payer by the department. A
45 claim for refund that has not been filed with the
46 department within five three years after the charge
47 payment upon which a refund is claimed became due, or
48 one year after such that charge payment was made,
49 whichever time is the later, shall not be allowed by
50 the director.

Page 10

1 Sec. 20. Section 427.1, subsection 14, unnumbered
2 paragraph 1, Code Supplement 1999, is amended to read
3 as follows:
4 A society or organization claiming an exemption
5 under subsection 5 or subsection 8 shall file with the
6 assessor not later than April 15 February 1 a
7 statement upon forms to be prescribed by the director
8 of revenue and finance, describing the nature of the
9 property upon which the exemption is claimed and
10 setting out in detail any uses and income from the
11 property derived from the rentals, leases, or other
12 uses of the property not solely for the appropriate
13 objects of the society or organization. Upon the
14 filing and allowance of the claim, the claim shall be
15 allowed on the property for successive years without
16 further filing as long as the property is used for the
17 purposes specified in the original claim for
18 exemption. When the property is sold or transferred,
19 the county recorder shall provide notice of the
20 transfer to the assessor. The notice shall describe
21 the property transferred and the name of the person to
22 whom title to the property is transferred.

23 Sec. 21. Section 427.1, subsection 16, Code
24 Supplement 1999, is amended to read as follows:
25 16. REVOKING OR MODIFYING EXEMPTION. Any taxpayer
26 or any taxing district may make application to the
27 director of revenue and finance for revocation or
28 modification for any exemption, based upon alleged
29 violations of this chapter. The director of revenue
30 and finance may also on the director's own motion set
31 aside or modify any exemption which has been granted
32 upon property for which exemption is claimed under
33 this chapter. The director of revenue and finance
34 shall give notice by mail to the taxpayer or taxing
35 district applicant and to the societies or
36 organizations claiming an exemption upon property,
37 exemption of which is questioned before or by the
38 director of revenue and finance, and shall hold a
39 hearing prior to issuing any order for revocation or
40 modification. An order made by the director of
41 revenue and finance revoking or modifying an exemption
42 shall be applicable to the tax year commencing with
43 the tax year in which the application is made to the
44 director of revenue and finance or the tax year
45 commencing with the tax year in which the director's
46 own motion is filed. An order made by the director of
47 revenue and finance revoking or modifying an exemption
48 is subject to judicial review in accordance with
49 chapter 17A, the Iowa administrative procedure Act.
50 Notwithstanding the terms of that Act, petitions for

Page 11

1 judicial review may be filed in the district court
2 having jurisdiction in the county in which the
3 property is located, and must be filed within thirty
4 days after any order revoking or modifying an
5 exemption is made by the director of revenue and
6 finance.
7 Sec. 22. Section 427.1, subsection 20, Code
8 Supplement 1999, is amended to read as follows:
9 20. IMPOUNDMENT STRUCTURES. The impoundment
10 structure and any land underlying an impoundment
11 located outside an incorporated city, which are not
12 developed or used directly or indirectly for
13 nonagricultural income-producing purposes and which
14 are maintained in a condition satisfactory to the soil
15 and water conservation district commissioners of the
16 county in which the impoundment structure and the
17 impoundment are located. A person owning land which
18 qualifies for a property tax exemption under this
19 subsection shall apply to the county assessor each
20 year before the first of July not later than February
21 1 for the exemption. The application shall be made on

22 forms prescribed by the department of revenue and
23 finance. The first application shall be accompanied
24 by a copy of the water storage permit approved by the
25 administrator of the environmental protection division
26 of the department of natural resources and a copy of
27 the plan for the construction of the impoundment
28 structure and the impoundment. The construction plan
29 shall be used to determine the total acre-feet of the
30 impoundment and the amount of land which is eligible
31 for the property tax exemption status. The county
32 assessor shall annually review each application for
33 the property tax exemption under this subsection and
34 submit it, with the recommendation of the soil and
35 water conservation district commissioners, to the
36 board of supervisors for approval or denial. An
37 applicant for a property tax exemption under this
38 subsection may appeal the decision of the board of
39 supervisors to the district court.
40 PARAGRAPH DIVIDED. As used in this subsection,
41 "impoundment" means a reservoir or pond which has a
42 storage capacity of at least eighteen acre-feet of
43 water or sediment at the time of construction;
44 "storage capacity" means the total area below the
45 crest elevation of the principal spillway including
46 the volume of any excavation in the area; and
47 "impoundment structure" means a dam, earthfill, or
48 other structure used to create an impoundment.
49 Sec. 23. Section 427.1, subsection 22, unnumbered
50 paragraph 2, Code Supplement 1999, is amended to read

Page 12

1 as follows:
2 Application for this exemption shall be filed with
3 the commissioners of the soil and water conservation
4 district in which the property is located, not later
5 than April 15 February 1 of the assessment year, on
6 forms provided by the department of revenue and
7 finance. The application shall describe and locate
8 the property to be exempted and have attached to it an
9 aerial photo of that property on which is outlined the
10 boundaries of the property to be exempted. In the
11 case of an open prairie which is or includes a gully
12 area susceptible to severe erosion, an approved
13 erosion control plan must accompany the application.
14 Upon receipt of the application, the commissioners
15 shall certify whether the property is eligible to
16 receive the exemption. The commissioners shall not
17 withhold certification of the eligibility of property
18 because of the existence upon the property of an
19 abandoned building or structure which is not used for
20 economic gain. If the commissioners certify that the

21 property is eligible, the application shall be
22 forwarded to the board of supervisors by May 1 of that
23 assessment year with the certification of the eligible
24 acreage. An application must be accompanied by an
25 affidavit signed by the applicant that if an exemption
26 is granted, the property will not be used for economic
27 gain during the assessment year in which the exemption
28 is granted.
29 Sec. 24. Section 427.1, subsection 30, Code
30 Supplement 1999, is amended to read as follows:
31 30. MOBILE HOME PARK STORM SHELTER. A structure
32 constructed as a storm shelter at a mobile home park
33 as defined in section 435.1. An application for this
34 exemption shall be filed with the assessing authority
35 not later than April fifteenth February 1 of the first
36 year for which the exemption is requested, on forms
37 provided by the department of revenue and finance.
38 The application shall describe and locate the storm
39 shelter to be exempted. If the storm shelter
40 structure is used exclusively as a storm shelter, all
41 of the structure's assessed value shall be exempt from
42 taxation. If the storm shelter structure is not used
43 exclusively as a storm shelter, the storm shelter
44 structure shall be assessed for taxation at seventy-
45 five percent of its value as commercial property.
46 Sec. 25. Section 427.16, subsection 2, Code 1999,
47 is amended to read as follows:
48 2. Application for the exemption shall be filed
49 with the assessor, not later than March 1 February 1
50 of the assessment year, on forms provided by the

Page 13

1 department of revenue and finance. The exemption
2 application shall include an approved application for
3 certified substantial rehabilitation from the state
4 historic preservation officer and documentation of
5 additional property tax relief or financial assistance
6 currently allowed for the real property. Upon receipt
7 of the application, the assessor shall certify whether
8 or not the property is eligible to receive the
9 exemption and shall forward the application to the
10 board.
11 Sec. 26. Section 427C.3, Code 1999, is amended to
12 read as follows:
13 427C.3 FOREST RESERVATION.
14 A forest reservation shall contain not less than
15 two hundred growing forest trees on each acre. If the
16 area selected is a forest containing the required
17 number of growing forest trees, it shall be accepted
18 as a forest reservation under this chapter provided
19 application is made or on file on or before April 15

20 February 1 of the exemption year. If any buildings
21 are standing on an area selected as a forest
22 reservation under this section or a fruit-tree
23 reservation under section 427C.7 one acre of that area
24 shall be excluded from the tax exemption. However,
25 the exclusion of that acre shall not affect the area's
26 meeting the acreage requirement of section 427C.2.
27 Sec. 27. Section 427C.7, Code 1999, is amended to
28 read as follows:
29 427C.7 FRUIT-TREE RESERVATION - DURATION OF
30 EXEMPTION.
31 A fruit-tree reservation shall contain on each
32 acre, at least forty apple trees, or seventy other
33 fruit trees, growing under proper care and annually
34 pruned and sprayed. A reservation may be claimed as a
35 fruit-tree reservation, under this chapter, for a
36 period of eight years after planting provided
37 application is made or on file on or before April 15
38 February 1 of the exemption year.
39 Sec. 28. Section 428A.8, Code 1999, is amended by
40 adding the following new unnumbered paragraph:
41 NEW UNNUMBERED PARAGRAPH. Any tax or additional
42 tax found to be due shall be collected by the county
43 recorder. If the county recorder is unable to collect
44 the tax, it will be collected by the director of
45 revenue and finance in the same manner as taxes are
46 collected in chapter 422, division III. If collected
47 by the director of revenue and finance, the director
48 shall pay the county its proportionate share of the
49 tax. Section 422.25, subsections 1, 2, 3, and 4,
50 sections 422.26, 422.28 to 422.30, and 422.73,

Page 14

1 consistent with this chapter, apply with respect to
2 the collection of any tax or additional tax found to
3 be due, in the same manner and with the same effect as
4 if the deed, instrument, or writing were an income tax
5 return within the meaning of those statutes.
6 Sec. 29. Section 437A.3, subsection 1, unnumbered
7 paragraph 1, Code Supplement 1999, is amended to read
8 as follows:
9 "Assessed value" means the base year assessed
10 value, as adjusted by section 437A.19, subsection 2.
11 "Base year assessed value", for a taxpayer other than
12 an electric company, natural gas company, or electric
13 cooperative, means the value attributable to property
14 identified in section 427A.1, subsection 1, paragraph
15 "h", certified by the department of revenue and
16 finance to the county auditors for the assessment date
17 of January 1, 1997, and the value attributable to
18 property identified in section 427A.1 and section

19 427B.17, subsection 5, as certified by the local
20 assessors to the county auditors for the assessment
21 date of January 1, 1997. However, "base year assessed
22 value", for purposes of property of a taxpayer that is
23 a municipal utility, which property is not a major
24 addition, was initially assessed to the taxpayer as of
25 January 1, 1998, and is not located in a county where
26 the taxpayer had property that was assessed for
27 purposes of this chapter as of January 1, 1997, is the
28 value attributable to such property for the assessment
29 date of January 1, 1998.
30 Sec. 30. Section 450.4, subsection 5, Code 1999,
31 is amended to read as follows:
32 5. On the value of that portion of any lump sum or
33 installment payments which will be includable as net
34 income as defined in section 422.7 as received by a
35 beneficiary under an annuity which was purchased under
36 an employees pension or retirement plan.
37 Sec. 31. Section 450.4, Code 1999, is amended by
38 adding the following new subsections:
39 NEW SUBSECTION. 7. The value of that portion of
40 any lump sum or installment payments which are
41 received by a beneficiary under an annuity which was
42 purchased under an employee's pension or retirement
43 plan where the employee is a nonresident of Iowa at
44 the time of death.
45 NEW SUBSECTION. 8. The value of that portion of
46 any lump sum or installment payments which are
47 received by a beneficiary under an annuity which was
48 purchased under an employee's pension or retirement
49 pan which was excluded from net income as set forth in
50 section 422.7, subsection 31.

Page 15

1 Sec. 32. Section 450.10, subsection 4, Code 1999,
2 is amended to read as follows:
3 4. When the property or any interest therein in
4 property or income therefrom from property, taxable
5 under the provisions of this chapter, passes to any
6 firm, corporation, or society organized for profit
7 either under the laws of this state or of any other
8 state, territory, province or country, including
9 fraternal and social organizations which do not
10 qualify for exemption under sections 170(c) and 2055
11 of the Internal Revenue Code, the rate of tax imposed
12 shall be as follows:
13 Fifteen percent on the entire amount so passing.
14 Sec. 33. Section 452A.2, Code Supplement 1999, is
15 amended by adding the following new subsections:
16 NEW SUBSECTION. 4A. "Denatured ethanol" means
17 ethanol that is to be blended with gasoline, has been

18 derived from cereal grains, complies with American
19 society of testing materials designation D-4806-95b,
20 and may be denatured only as specified in Code of
21 Federal Regulations, Titles 20, 21, and 27. Alcohol
22 and denatured ethanol have the same meaning in this
23 chapter.
24 NEW SUBSECTION. 18A. "Racing fuel" means leaded
25 gasoline of one hundred ten octane or more that does
26 not meet American society of testing materials
27 designation D-4814 for gasoline and is sold in bulk
28 for use in nonregistered motor vehicles.
29 Sec. 34. Section 452A.2, subsection 17, paragraph
30 a, Code Supplement 1999, is amended to read as
31 follows:
32 a. All products commonly or commercially known or
33 sold as gasoline, including ethanol blended gasoline,
34 casinghead, and absorption or natural gasoline,
35 regardless of their classifications or uses, and
36 including transmix which serves as a buffer between
37 fuel products in the pipeline distribution process.
38 Sec. 35. Section 452A.3, subsection 5, paragraph
39 a, Code Supplement 1999, is amended by adding the
40 following new unnumbered paragraph:
41 NEW UNNUMBERED PARAGRAPH. Tax shall not be paid
42 when the sale of alcohol occurs within a terminal from
43 an alcohol manufacturer to an Iowa licensed supplier.
44 The tax shall be paid by the Iowa licensed supplier
45 when the invoiced gross gallonage of the alcohol or
46 the alcohol part of ethanol blended gasoline is
47 withdrawn from a terminal for delivery in this state.
48 Sec. 36. Section 452A.17, subsection 1, paragraph
49 a, Code Supplement 1999, is amended by adding the
50 following new subparagraph:

Page 16

1 NEW SUBPARAGRAPH. (10) Racing fuel.
2 Sec. 37. EFFECTIVE AND APPLICABILITY DATES. This
3 Act, being deemed of immediate importance, takes
4 effect upon enactment, except as follows:
5 1. Sections 15, 17, 19, 20, 22, 23, 24, 25, 26,
6 and 27 of this Act, amending Code sections 424.10,
7 424.12, 424.15, 427.1, 427.16, 427C.3, and 427C.7,
8 take effect January 1, 2001, and apply to claims filed
9 on or after that date.
10 2. Sections 30, 31, and 32 of this Act, amending
11 Code sections 450.4 and 450.10, take effect July 1,
12 2000, for estates of decedents dying on or after that
13 date.
14 3. Section 29 of this Act applies retroactively to
15 January 1, 2000, for tax years beginning on and after
16 that date."

17 2. Title page, lines 6 and 7, by striking the
18 words "cigarette and tobacco products,".

Roll call was requested by Schrader of Marion and Chiodo of Polk.

On the question "Shall the House concur in the Senate amendment
H-8907?" (H.F. 2548)

The ayes were, 50:
Bell Bradley Brunkhorst Bukta
Cataldo Chiodo Cohoon Connors
Cormack Davis Doderer Dotzler
Drees Falck Fallon Foege
Ford Frevert Garman Greimann
Grundberg Holveck Huser Jochum
Kreiman Kuhn Larkin Mascher
May Mertz Mundie Murphy
Myers O'Brien Osterhaus Parmenter
Reynolds Richardson Scherrman Schrader
Shoultz Stevens Taylor, D. Taylor, T.
Thomas Warnstadt Weigel Whitead
Wise Witt

 


The nays were, 49:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Brauns Carroll Dolecheck Drake
Eddie Gipp Greiner Hahn
Hansen Heaton Hoffman Holmes
Horbach Houser Huseman Jacobs
Jager Jenkins Johnson Kettering
Klemme Larson Lord Martin
Metcalf Millage Nelson-Forbes Raecker
Rants Rayhons Shey Siegrist, Spkr.
Sukup Sunderbruch Teig Thomson
Tyrrell Van Fossen Weidman Welter
Dix,
Presiding

 


Absent or not voting, 1:
Van Engelenhoven

 


The motion prevailed and the House concurred in the Senate
amendment H-8907.

Sukup of Franklin 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. 2548)

The ayes were, 96:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greimann Greiner Grundberg
Hahn Hansen Hoffman Holmes
Holveck Horbach Houser Huseman
Huser Jacobs Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Siegrist, Spkr. Stevens Sukup
Sunderbruch Taylor, D. Taylor, T. Teig
Thomas Thomson Tyrrell Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Dix,
Presiding

 


The nays were, 1:
Jager

 


Absent or not voting, 3:
Heaton Lord Van Engelenhoven

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

The House stood at ease at 2:53 p.m., until the fall of the gavel.

The House resumed session at 4:28 p.m., Speaker pro tempore
Sukup in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed seventy-two members present,
twenty-eight absent.

Unfinished Business Calendar

Senate File 2241, a bill for an act relating to the consolidation of
certain criminal offenses concerning computer access, damage, or
theft, video rental theft, election bribery, and voting duress, with
report of committee recommending passage, was taken up for
consideration.

Ford of Polk asked and received unanimous consent to withdraw
amendment H-8446 filed by him on March 21, 2000.

Ford of Polk asked and received unanimous consent to withdraw
amendment H-8448 filed by him on March 21, 2000.

Ford of Polk offered the following amendment H-8668 filed by him
and Baudler of Adair and moved its adoption:

H-8668

1 Amend Senate File 2241, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 123.3, Code 1999, is amended
6 by adding the following new subsection:
7 NEW SUBSECTION. 12A. "Designated security
8 employee" means an agent or employee of a licensee or
9 permittee who is primarily employed for security
10 purposes.
11 Sec. 2. Section 123.31, Code 1999, is amended by
12 adding the following new subsection:
13 NEW SUBSECTION. 6A. A statement, if required by
14 the local authority indicating whether all designated
15 security employees have received training and
16 certification as provided in section 123.32."
17 Sec. 3. Section 123.32, Code 1999, is amended by
18 adding the following new subsection:
19 NEW SUBSECTION. 3A. A local authority, as a
20 condition of obtaining a license or permit may require
21 a designated security employee as defined in section

22 123.3, to be trained and certified in security
23 methods. The training shall include but is not
24 limited to mediation techniques, civil rights or
25 unfair practices awareness as provided in section
26 216.7, and providing instruction on the proper
27 physical restraint methods used against a person who
28 has become combative."
29 2. Title page, by striking lines 2 and 3, and
30 inserting the following: "and to security employee
31 training and to the issuance of a liquor license or
32 permit."
33 3. By renumbering as necessary.

Amendment H-8668 was adopted.

Ford of Polk offered the following amendment H-8738 filed by him
and moved its adoption:

H-8738

1 Amend Senate File 2241 as passed by the Senate as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 124.401, subsection 1,
6 paragraph a, subparagraph (2), unnumbered paragraph 1,
7 Code Supplement 1999, is amended to read as follows:
8 More than five kilograms of a any compound, mixture
9 or, preparation, or substance containing a detectable
10 amount of any of the following:
11 Sec. 2. Section 124.401, subsection 1, paragraph
12 a, subparagraph (2), subparagraph subdivisions (a),
13 (b), and (c), Code Supplement 1999, are amended by
14 striking the subparagraph subdivisions.
15 Sec. 3. Section 124.401, subsection 1, paragraph
16 a, subparagraph (2), subparagraph subdivision (f),
17 Code Supplement 1999, is amended to read as follows:
18 (f) Any compound, mixture, or preparation which
19 contains any quantity of any of the substances
20 referred to in subparagraph subdivisions (a) through
21 (e) this subparagraph (2).
22 Sec. 4. Section 124.401, subsection 1, paragraph
23 a, subparagraph (3), Code Supplement 1999, is amended
24 to read as follows:
25 (3) More than fifty grams of a any compound,
26 mixture or, preparation, or substance described in
27 subparagraph (2) which contains cocaine base.
28 containing a detectable amount of any of the
29 following:
30 (a) Coca leaves, except coca leaves and extracts
31 of coca leaves from which cocaine, ecgonine, and

32 derivatives of ecgonine or their salts have been
33 removed.
34 (b) Cocaine, its salts, optical and geometric
35 isomers, and salts of isomers.
36 (c) Ecgonine, its derivatives, their salts,
37 isomers, and salts of isomers.
38 (d) Cocaine base.
39 Sec. 5. Section 124.401, subsection 1, paragraph
40 b, subparagraph (2), Code Supplement 1999, is amended
41 by striking the subparagraph.
42 Sec. 6. Section 124.401, subsection 1, paragraph
43 b, subparagraph (3), Code Supplement 1999, is amended
44 to read as follows:
45 (3) More than five grams but not more than fifty
46 grams of a any compound, mixture, preparation, or
47 substance described in subparagraph (2) which contains
48 cocaine base. containing a detectable amount of any of
49 the following:
50 (a) Coca leaves, except coca leaves and extracts

Page 2

1 of coca leaves from which cocaine, ecgonine, and
2 derivatives of ecgonine or their salts have been
3 removed.
4 (b) Cocaine, its salts, optical and geometric
5 isomers, and salts of isomers.
6 (c) Ecgonine, its derivatives, their salts,
7 isomers, and salts of isomers.
8 (d) Cocaine base.
9 Sec. 7. Section 124.401, subsection 1, paragraph
10 c, subparagraph (2), Code Supplement 1999, is amended
11 by striking the subparagraph.
12 Sec. 8. Section 124.401, subsection 1, paragraph
13 c, subparagraph (3), Code Supplement 1999, is amended
14 to read as follows:
15 (3) Five grams or less of a any compound, mixture,
16 preparation, or substance described in subparagraph
17 (2) which contains cocaine base. containing a
18 detectable amount of any of the following:
19 (a) Coca leaves, except coca leaves and extracts
20 of coca leaves from which cocaine, ecgonine, and
21 derivatives of ecgonine or their salts have been
22 removed.
23 (b) Cocaine, its salts, optical and geometric
24 isomers, and salts of isomers.
25 (c) Ecgonine, its derivatives, their salts,
26 isomers, and salts of isomers.
27 (d) Cocaine base.
28 Sec. 9. Section 232.22, subsection 1, paragraph e,
29 subparagraph (2), Code 1999, is amended to read as
30 follows:

31 (2) A mixture or substance containing cocaine, its
32 salts, optical and geometric isomers, and salts of
33 isomers, and if the act was committed by an adult, it
34 would be a violation of section 124.401, subsection 1,
35 paragraph "a", subparagraph (2) (3), subparagraph
36 subdivision (b), paragraph "b", subparagraph (2) (3),
37 subparagraph subdivision (b), or paragraph "c",
38 subparagraph (2) (3), subparagraph subdivision (b)."
39 2. Title page, by striking lines 2 and 3, and
40 inserting the following: "and relating to criminal
41 offenses concerning cocaine, or cocaine-related
42 substances."
43 3. By renumbering as necessary.

Amendment H-8738 was adopted.

Davis of Wapello offered amendment H-8884 filed by him as
follows:

H-8884

1 Amend Senate File 2241, as passed by the Senate, as
2 follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. Section 124.401, subsection 5,
6 unnumbered paragraph 1, Code Supplement 1999, is
7 amended to read as follows:
8 It is unlawful for any person knowingly or
9 intentionally to possess a controlled substance unless
10 such substance was obtained directly from, or pursuant
11 to, a valid prescription or order of a practitioner
12 while acting in the course of the practitioner's
13 professional practice, or except as otherwise
14 authorized by this chapter. Any person who violates
15 this subsection is guilty of a serious misdemeanor for
16 a first offense. A person who commits a violation of
17 this subsection and who has previously been convicted
18 of violating this subsection chapter or chapter 124A,
19 124B, or 453B is guilty of an aggravated misdemeanor.
20 A person who commits a violation of this subsection
21 and has previously been convicted two or more times of
22 violating this subsection chapter or chapter 124A,
23 124B, or 453B is guilty of a class "D" felony."
24 2. Title page, lines 1 and 2, by striking the
25 words "consolidation of certain criminal offenses
26 concerning" and inserting the following: "criminal
27 offenses concerning possession of a controlled
28 substance,".
29 3. By renumbering as necessary.


Shoultz of Black Hawk rose on a point of order that amendment H-
8884 was not germane.

The Speaker ruled the point not well taken and amendment
H-8884 germane.

Millage of Scott moved to defer Senate File 2241.

A non-record roll call was requested.

The ayes were 45, nays 51.

The motion to defer lost.

On motion by Davis of Wapello amendment H-8884 was adopted.

Ford of Polk asked and received unanimous consent to withdraw
amendment H-8447 filed by him on March 21, 2000.

Parmenter of Story asked and received unanimous consent to
withdraw amendment H-8338 filed by him on March 14, 2000.

The following amendment H-8918 filed by Baudler of Adair from
the floor was adopted by unanimous consent, placing out of order
lines 29 through 32 of amendment H-8668, lines 39 through 42, page
2, of amendment H-8738 and lines 24 through 28 of amendment
H-8884, all previously adopted:

H-8918

1 Amend Senate File 2241, as passed by the Senate, as
2 follows:
3 1. Title page by striking lines 1 through 3 and
4 inserting the following: "An Act relating to
5 penalties and regulations concerning certain criminal
6 offenses and liquor licenses and permits."

Baudler of Adair 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. 2241)


The ayes were, 95:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Dolecheck Dotzler Drake
Drees Eddie Falck Foege
Ford Frevert Garman Gipp
Greimann Greiner Hahn Hansen
Hoffman Holmes Holveck Horbach
Houser Huseman Huser Jacobs
Jager Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Raecker
Rants Rayhons Reynolds Richardson
Scherrman Schrader Shey Shoultz
Siegrist, Spkr. Stevens Sunderbruch Taylor, D.
Taylor, T. Teig Thomas Thomson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Sukup,
Presiding

 


The nays were, 3:
Doderer Fallon Parmenter

 


Absent or not voting, 2:
Heaton

 


The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.

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 17, 2000, passed the following bill in which the concurrence of the Senate was
asked:

House File 2474, a bill for an act providing for the adoption of administrative rules
requiring school districts and accredited nonpublic schools to adopt policies relating to

health services, media services programs and guidance programs as part of the
accreditation standards applicable to school districts.

Also: That the Senate has on April 17, 2000, passed the following bill in which the
concurrence of the House is asked:

Senate File 2448, a bill for an act establishing a health enhancement and value-
added energy initiative, providing for revenues, the expenditure of moneys, and
providing for penalties.

MICHAEL E. MARSHALL, Secretary

Ways and Means Calendar

House File 2568, a bill for an act relating to the taxation of prop-
erty used by the Iowa national guard, was taken up for consideration.

SENATE FILE 2444 SUBSTITUTED FOR HOUSE FILE 2568

Larson of Linn asked and received unanimous consent to sub-
stitute Senate File 2444 for House File 2568.

Senate File 2444, a bill for an act relating to the taxation of prop-
erty used by the Iowa national guard, was taken up for consideration.

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. 2444)

The ayes were, 96:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Carroll Cataldo Chiodo
Cohoon Connors Cormack Davis
Dix Dolecheck Dotzler Drake
Eddie Falck Foege Ford
Frevert Garman Gipp Greimann
Greiner Hahn Hansen Heaton
Hoffman Holmes Holveck Horbach
Houser Huseman Huser Jacobs
Jager Jenkins Jochum Johnson
Kettering Klemme Kreiman Kuhn
Larkin Larson Lord Martin
Mascher May Mertz Metcalf
Millage Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Siegrist, Spkr. Stevens Sunderbruch
Taylor, D. Taylor, T. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt Sukup,
Presiding

 


The nays were, 2:
Fallon

 


Absent or not voting, 2:
Grundberg

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
Senate File 2444 be immediately messaged to the Senate.

Appropriations Calendar

House File 2567, a bill for an act relating to the compensation
and benefits for public officials and employees, providing for related
matters, and making appropriations, was taken up for consideration.

Millage of Scott offered the following amendment H-8911 filed by
him from the floor and moved its adoption:

H-8911

1 Amend House File 2567 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. STATE COURTS - JUSTICES, JUDGES, AND
5 MAGISTRATES.
6 1. The salary rates specified in subsection 2 are
7 for the fiscal year beginning July 1, 2000, effective
8 for the pay period beginning June 23, 2000, and for
9 subsequent fiscal years until otherwise provided by

10 the general assembly. The salaries provided for in
11 this section shall be paid from funds appropriated to
12 the judicial branch from the salary adjustment fund or
13 if the appropriation is not sufficient, from the funds
14 appropriated to the judicial branch pursuant to any
15 Act of the general assembly.
16 2. The following annual salary rates shall be paid
17 to the persons holding the judicial positions
18 indicated during the fiscal year beginning July 1,
19 2000, effective with the pay period beginning June 23,
20 2000, and for subsequent pay periods.
21 a. Chief justice of the supreme court:
22 $ 117,400
23 b. Each justice of the supreme court:
24 $ 113,200
25 c. Chief judge of the court of appeals:
26 $ 113,100
27 d. Each associate judge of the court of appeals:
28 $ 108,900
29 e. Each chief judge of a judicial district:
30 $ 107,900
31 f. Each district judge except the chief judge of a
32 judicial district:
33 $ 103,500
34 g. Each district associate judge:
35 $ 90,200
36 h. Each associate juvenile judge:
37 $ 90,200
38 i. Each associate probate judge:
39 $ 90,200
40 j. Each judicial magistrate:
41 $ 26,900
42 k. Each senior judge:
43 $ 6,000
44 Sec. 2. SALARY RATE LIMITS. Persons receiving the
45 salary rates established under section 1 of this Act
46 shall not receive any additional salary adjustments
47 provided by this Act.
48 Sec. 3. ELECTIVE EXECUTIVE OFFICIALS.
49 1. The annual salary rates specified in this
50 section are effective for the fiscal year beginning

Page 2

1 July 1, 2000, with the pay period beginning June 23,
2 2000, and for subsequent fiscal years until otherwise
3 provided by the general assembly. The salaries
4 provided for in this section shall be paid from funds
5 appropriated to the department or agency specified in
6 this section from the salary adjustment fund or if the
7 appropriation is not sufficient, from the funds
8 appropriated to the department or agency pursuant to

9 any Act of the general assembly.
10 2. The following annual salary rates shall be paid
11 to the person holding the position indicated:
12 a. OFFICE OF THE GOVERNOR
13 (1) Salary for the governor:
14 $ 107,482
15 (2) Salary for the lieutenant governor:
16 $ 76,698
17 b. DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
18 Salary for the secretary of agriculture:
19 $ 87,990
20 c. DEPARTMENT OF JUSTICE
21 Salary for the attorney general:
22 $ 105,430
23 d. OFFICE OF THE AUDITOR OF STATE
24 Salary for the auditor of state:
25 $ 87,990
26 e. OFFICE OF THE SECRETARY OF STATE
27 Salary for the secretary of state:
28 $ 87,990
29 f. OFFICE OF THE TREASURER OF STATE
30 Salary for the treasurer of state:
31 $ 87,990
32 Sec. 4. APPOINTED STATE OFFICERS. The governor
33 shall establish a salary for appointed nonelected
34 persons in the executive branch of state government
35 holding a position enumerated in section 5 of this Act
36 within the range provided, by considering, among other
37 items, the experience of the individual in the
38 position, changes in the duties of the position, the
39 incumbent's performance of assigned duties, and
40 subordinates' salaries. If a department charged with
41 information technology is created by the general
42 assembly, the governor shall establish a salary for
43 the director of the department within salary range 9
44 as provided in section 5 of this Act. However, the
45 attorney general shall establish the salary for the
46 consumer advocate, the chief justice of the supreme
47 court shall establish the salary for the state court
48 administrator, the ethics and campaign disclosure
49 board shall establish the salary of the executive
50 director, and the state fair board shall establish the

Page 3

1 salary of the secretary of the state fair board, each
2 within the salary range provided in section 5 of this
3 Act.
4 The governor, in establishing salaries as provided
5 in section 5 of this Act, shall take into
6 consideration other employee benefits which may be
7 provided for an individual including, but not limited

8 to, housing.
9 A person whose salary is established pursuant to
10 section 5 of this Act and who is a full-time, year-
11 round employee of the state shall not receive any
12 other remuneration from the state or from any other
13 source for the performance of that person's duties
14 unless the additional remuneration is first approved
15 by the governor or authorized by law. However, this
16 provision does not exclude the reimbursement for
17 necessary travel and expenses incurred in the
18 performance of duties or fringe benefits normally
19 provided to employees of the state.
20 Sec. 5. STATE OFFICERS - SALARY RATES AND RANGES.
21 The following annual salary ranges are effective for
22 the positions specified in this section for the fiscal
23 year beginning July 1, 2000, and for subsequent fiscal
24 years until otherwise provided by the general
25 assembly. The governor or other person designated in
26 section 4 of this Act shall determine the salary to be
27 paid to the person indicated at a rate within the
28 salary ranges indicated from funds appropriated by the
29 general assembly for that purpose.
30 1. The following are salary ranges 1 through 5 for
31 the fiscal year beginning July 1, 2000, effective with
32 the pay period beginning June 23, 2000:
33 SALARY RANGES Minimum Maximum
34 a. Range 1 $ 8,800 $29,000
35 b. Range 2 $32,200 $58,500
36 c. Range 3 $44,100 $68,200
37 d. Range 4 $53,100 $78,000
38 e. Range 5 $62,400 $87,800
39 2. The following are range 1 positions: There are
40 no range 1 positions for the fiscal year beginning
41 July 1, 2000.
42 3. The following are range 2 positions:
43 administrator of the arts division of the department
44 of cultural affairs, administrators of the division of
45 persons with disabilities, the division on the status
46 of women, the division on the status of African-
47 Americans, the division of deaf services, and the
48 division of Latino affairs of the department of human
49 rights, and administrator of the division of
50 professional licensing and regulation of the

Page 4

1 department of commerce.
2 4. The following are range 3 positions:
3 administrator of the division of emergency management
4 of the department of public defense, administrator of
5 the division of criminal and juvenile justice planning
6 of the department of human rights, administrator of

7 the division of community action agencies of the
8 department of human rights, executive director of the
9 commission of veterans affairs, and chairperson and
10 members of the employment appeal board of the
11 department of inspections and appeals.
12 5. The following are range 4 positions:
13 superintendent of banking, superintendent of credit
14 unions, administrator of the alcoholic beverages
15 division of the department of commerce, state public
16 defender, and chairperson, vice chairperson, and
17 members of the board of parole.
18 6. The following are range 5 positions: consumer
19 advocate, drug policy coordinator, labor commissioner,
20 workers' compensation commissioner, administrator of
21 the historical division of the department of cultural
22 affairs, administrator of the public broadcasting
23 division of the department of education, and
24 commandant of the veterans home.
25 7. The following are salary ranges 6 through 9 for
26 the fiscal year beginning July 1, 2000, effective with
27 the pay period beginning June 23, 2000:
28 SALARY RANGES Minimum Maximum
29 a. Range 6 $48,200 $ 78,000
30 b. Range 7 $66,000 $ 88,500
31 c. Range 8 $70,800 $102,700
32 d. Range 9 $79,000 $122,500
33 8. The following are range 6 positions: director
34 of the department of human rights, director of the
35 Iowa state civil rights commission, executive director
36 of the college student aid commission, director of the
37 department for the blind, and executive director of
38 the ethics and campaign disclosure board.
39 9. The following are range 7 positions: director
40 of the department of cultural affairs, director of the
41 department of elder affairs, and director of the law
42 enforcement academy.
43 10. The following are range 8 positions: the
44 administrator of the state racing and gaming
45 commission of the department of inspections and
46 appeals, director of the department of inspection and
47 appeals, director of the department of general
48 services, director of the department of personnel,
49 commissioner of public safety, commissioner of
50 insurance, executive director of the Iowa finance

Page 5

1 authority, director of revenue and finance, director
2 of the department of natural resources, director of
3 the department of corrections, and chairperson of the
4 utilities board. The other members of the utilities
5 board shall receive an annual salary within a range of

6 not less than 90 percent but not more than 95 percent
7 of the annual salary of the chairperson of the
8 utilities board.
9 11. The following are range 9 positions: director
10 of the department of education, director of human
11 services, director of the department of economic
12 development, executive director of the state board of
13 regents, director of the state department of
14 transportation, director of the department of
15 workforce development, lottery commissioner, director
16 of public health, the state court administrator,
17 secretary of the state fair board, and the director of
18 the department of management.
19 Sec. 6. PUBLIC EMPLOYMENT RELATIONS BOARD.
20 1. The salary rates specified in this section are
21 effective for the fiscal year beginning July 1, 2000,
22 with the pay period beginning June 23, 2000, and for
23 subsequent fiscal years until otherwise provided by
24 the general assembly. The salaries provided for in
25 this section shall be paid from funds appropriated to
26 the public employment relations board from the salary
27 adjustment fund, or if the appropriation is not
28 sufficient from funds appropriated to the public
29 employment relations board pursuant to any other Act
30 of the general assembly.
31 2. The following annual salary rates shall be paid
32 to the persons holding the positions indicated:
33 a. Chairperson of the public employment relations
34 board:
35 $ 68,700
36 b. Two members of the public employment relations
37 board:
38 $ 64,000
39 Sec. 7. COLLECTIVE BARGAINING AGREEMENTS FUNDED -
40 GENERAL FUND. There is appropriated from the general
41 fund of the state to the salary adjustment fund for
42 distribution by the department of management to the
43 various state departments, boards, commissions,
44 councils, and agencies, including the state board of
45 regents, for the fiscal year beginning July 1, 2000,
46 and ending June 30, 2001, the amount of $42,173,997,
47 or so much thereof as may be necessary, to fully fund
48 the following annual pay adjustments, expense
49 reimbursements, and related benefits:
50 1. The collective bargaining agreement negotiated

Page 6

1 pursuant to chapter 20 for employees in the blue
2 collar bargaining unit.
3 2. The collective bargaining agreement negotiated
4 pursuant to chapter 20 for employees in the public

5 safety bargaining unit.
6 3. The collective bargaining agreement negotiated
7 pursuant to chapter 20 for employees in the security
8 bargaining unit.
9 4. The collective bargaining agreement negotiated
10 pursuant to chapter 20 for employees in the technical
11 bargaining unit.
12 5. The collective bargaining agreement negotiated
13 pursuant to chapter 20 for employees in the
14 professional fiscal and staff bargaining unit.
15 6. The collective bargaining agreement negotiated
16 pursuant to chapter 20 for employees in the university
17 of northern Iowa faculty bargaining unit.
18 7. The collective bargaining agreement negotiated
19 pursuant to chapter 20 for employees in the clerical
20 bargaining unit.
21 8. The collective bargaining agreement negotiated
22 pursuant to chapter 20 for employees in the
23 professional social services bargaining unit.
24 9. The collective bargaining agreement negotiated
25 pursuant to chapter 20 for employees in the community-
26 based corrections bargaining unit.
27 10. The collective bargaining agreement negotiated
28 pursuant to chapter 20 for employees in the judicial
29 branch of government bargaining unit.
30 11. The collective bargaining agreement negotiated
31 pursuant to chapter 20 for employees in the patient
32 care bargaining unit.
33 12. The collective bargaining agreement negotiated
34 pursuant to chapter 20 for employees in the science
35 bargaining unit.
36 13. The collective bargaining agreement negotiated
37 pursuant to chapter 20 for employees in the state
38 university of Iowa graduate student bargaining unit.
39 14. The collective bargaining agreement negotiated
40 pursuant to chapter 20 for employees in the state
41 university of Iowa hospital and clinics tertiary
42 health care bargaining unit.
43 15. The annual pay adjustments, related benefits,
44 and expense reimbursements referred to in sections 8
45 and 9 of this Act for employees not covered by a
46 collective bargaining agreement.
47 Sec. 8. NONCONTRACT STATE EMPLOYEES - GENERAL.
48 1. a. For the fiscal year beginning July 1, 2000,
49 the maximum salary levels of all pay plans provided
50 for in section 19A.9, subsection 2, as they exist for

Page 7

1 the fiscal year ending June 30, 2000, shall be
2 increased by 3 percent for the pay period beginning
3 June 23, 2000, and any additional changes in the pay

4 plans shall be approved by the governor.
5 b. For the fiscal year beginning July 1, 2000,
6 employees may receive a step increase or the
7 equivalent of a step increase.
8 2. The pay plans for state employees who are
9 exempt from chapter 19A and who are included in the
10 department of revenue and finance's centralized
11 payroll system shall be increased in the same manner
12 as provided in subsection 1, and any additional
13 changes in any executive branch pay plans shall be
14 approved by the governor.
15 3. This section does not apply to members of the
16 general assembly, board members, commission members,
17 salaries of persons set by the general assembly
18 pursuant to this Act, or set by the governor, other
19 persons designated in section 4 of this Act, employees
20 designated under section 19A.3, subsection 5, and
21 employees covered by 581 IAC 4.6(3).
22 4. The pay plans for the bargaining eligible
23 employees of the state shall be increased in the same
24 manner as provided in subsection 1, and any additional
25 changes in such executive branch pay plans shall be
26 approved by the governor. As used in this section,
27 "bargaining eligible employee" means an employee who
28 is eligible to organize under chapter 20, but has not
29 done so.
30 5. The policies for implementation of this section
31 shall be approved by the governor.
32 Sec. 9. STATE EMPLOYEES - STATE BOARD OF REGENTS.
33 Funds from the appropriation in section 7 of this Act
34 shall be allocated to the state board of regents for
35 the purposes of providing increases for state board of
36 regents employees covered by section 7 of this Act and
37 for employees not covered by a collective bargaining
38 agreement as follows:
39 1. For regents merit system employees and merit
40 supervisory employees to fund for the fiscal year,
41 increases comparable to those provided for similar
42 contract-covered employees in this Act.
43 2. For faculty members and professional and
44 scientific employees to fund for the fiscal year,
45 percentage increases comparable to those provided for
46 contract-covered employees in section 7, subsection 6,
47 of this Act.
48 Sec. 10. APPROPRIATIONS FROM ROAD FUNDS.
49 1. There is appropriated from the road use tax
50 fund to the salary adjustment fund for the fiscal year

Page 8

1 beginning July 1, 2000, and ending June 30, 2001, the
2 following amount, or so much thereof as may be

3 necessary, to be used for the purpose designated:
4 To supplement other funds appropriated by the
5 general assembly:
6 $ 1,113,641
7 2. There is appropriated from the primary road
8 fund to the salary adjustment fund, for the fiscal
9 year beginning July 1, 2000, and ending June 30, 2001,
10 the following amount, or so much thereof as may be
11 necessary, to be used for the purpose designated:
12 To supplement other funds appropriated by the
13 general assembly:
14 $ 5,682,160
15 3. Except as otherwise provided in this Act, the
16 amounts appropriated in subsections 1 and 2 shall be
17 used to fund the annual pay adjustments, expense
18 reimbursements, and related benefits for public
19 employees as provided in this Act.
20 Sec. 11. SPECIAL FUNDS - AUTHORIZATION. To
21 departmental revolving, trust, or special funds,
22 except for the primary road fund or the road use tax
23 fund, for which the general assembly has established
24 an operating budget, a supplemental expenditure
25 authorization is provided, unless otherwise provided,
26 in an amount necessary to fund salary adjustments as
27 otherwise provided in this Act.
28 Sec. 12. GENERAL FUND SALARY MONEYS. Funds
29 appropriated from the general fund of the state in
30 this Act relate only to salaries supported from
31 general fund appropriations of the state except for
32 employees of the state board of regents. The funds
33 appropriated from the general fund of the state for
34 employees of the state board of regents shall exclude
35 general university indirect costs and general
36 university federal funds.
37 Sec. 13. FEDERAL FUNDS APPROPRIATED. All federal
38 grants to and the federal receipts of the agencies
39 affected by this Act which are received and may be
40 expended for purposes of this Act are appropriated for
41 those purposes and as set forth in the federal grants
42 or receipts.
43 Sec. 14. USE OF SURPLUS HEALTH INSURANCE FUNDS.
44 The executive council shall transfer an amount, as
45 determined by the department of management, from the
46 health insurance surplus account to the health
47 insurance premium operating account for the fiscal
48 year beginning July 1, 2000, to reduce insurance
49 premiums. Any amount remaining in the health
50 insurance premium operating account at the end of the

Page 9

1 fiscal year beginning July 1, 2000, shall be

2 transferred to the health insurance surplus account.
3 Sec. 15. STATE TROOPER MEAL ALLOWANCE. The sworn
4 peace officers in the department of public safety who
5 are not covered by a collective bargaining agreement
6 negotiated pursuant to chapter 20 shall receive the
7 same per diem meal allowance as the sworn peace
8 officers in the department of public safety who are
9 covered by a collective bargaining agreement
10 negotiated pursuant to chapter 20.
11 Sec. 16. SALARY MODEL COORDINATOR. Of the funds
12 appropriated by section 7 of this Act, $133,800 for
13 the fiscal year beginning July 1, 2000, is allocated
14 to the department of management for salary and support
15 of the salary model coordinator who shall work in
16 conjunction with the legislative fiscal bureau to
17 maintain the state's salary model used for analyzing,
18 comparing, and projecting state employee salary and
19 benefit information, including information relating to
20 employees of the state board of regents. The
21 department of revenue and finance, the department of
22 personnel, the five institutions under the
23 jurisdiction of the state board of regents, the eight
24 judicial district departments of correctional
25 services, and the state department of transportation
26 shall provide salary data to the department of
27 management and the legislative fiscal bureau to
28 operate the state's salary model. The format and
29 frequency of provision of the salary data shall be
30 determined by the department of management and the
31 legislative fiscal bureau. The information shall be
32 used in collective bargaining processes under chapter
33 20 and in calculating the funding needs contained
34 within the annual salary adjustment legislation. A
35 state employee organization as defined in section
36 20.3, subsection 4, may request information produced
37 by the model, but the information provided shall not
38 contain information attributable to individual
39 employees.
40 Sec. 17. Section 546.2, subsection 2, Code 1999,
41 is amended to read as follows:
42 2. The chief administrative officer of the
43 department is the director. The director shall be
44 appointed annually by the governor from among those
45 individuals who serve as heads of the divisions within
46 the department. The appointment shall rotate among
47 the division heads such that the division head of any
48 one division shall not be appointed to be the director
49 for a second year until such time as each division
50 head has served as the director. A division head


Page 10

1 appointed to be the director shall fulfill the
2 responsibilities and duties of the director in
3 addition to the individual's responsibilities and
4 duties as the head of a division. However, the
5 administrator of the alcoholic beverages division
6 shall serve as director until June 30, 1995. The
7 director shall serve at the pleasure of the governor.
8 If the office of director becomes vacant, the vacancy
9 shall be filled in the same manner as the original
10 appointment was made.
11 Sec. 18. Section 7H.1, Code Supplement 1999, is
12 repealed."

Amendment H-8911 was adopted.

SENATE FILE 2450 SUBSTITUTED FOR HOUSE FILE 2567

Millage of Scott asked and received unanimous consent to sub-
stitute Senate File 2450 for House File 2567.

Senate File 2450, a bill for an act relating to the compensation
and benefits for public officials and employees, providing for related
matters, and making appropriations, was taken up for consideration.

Millage of Scott offered the following amendment H-8910 filed by
him from the floor and moved its adoption:

H-8910

1 Amend Senate File 2450, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 10, by striking lines 29 through 33 and
4 inserting the following: "state."

Amendment H-8910 was adopted.

Rants of Woodbury moved that the bill be read a last time now and
placed upon its passage which motion prevailed and the bill was read
a last time.

On the question "Shall the bill pass?" (S.F. 2450)


The ayes were, 92:
Arnold Barry Baudler Bell
Blodgett Boal Boddicker Boggess
Bradley Brauns Brunkhorst Bukta
Carroll Cataldo Chiodo Cohoon
Connors Cormack Davis Dix
Dolecheck Dotzler Drake Drees
Eddie Falck Foege Ford
Frevert Garman Gipp Greimann
Greiner Grundberg Hahn Hansen
Heaton Hoffman Holmes Holveck
Horbach Huseman Huser Jacobs
Jager Jenkins Jochum Kettering
Klemme Kreiman Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Millage
Mundie Murphy Myers Nelson-Forbes
O'Brien Osterhaus Parmenter Raecker
Rants Rayhons Reynolds Richardson
Scherrman Schrader Shey Shoultz
Siegrist, Spkr. Stevens Sunderbruch Taylor, D.
Taylor, T. Teig Thomas Thomson
Tyrrell Van Engelenhoven Warnstadt Weidman
Whitead Wise Witt Sukup,
Presiding

 


The nays were, 7:
Alons Fallon Houser Johnson
Van Fossen Weigel Welter

 


Absent or not voting, 1:
Doderer

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent to
immediately message Senate File 2450 to the Senate.

HOUSE FILE 2567 WITHDRAWN

Millage of Scott asked and received unanimous consent to
withdraw House File 2567 from further consideration by the House.


HOUSE FILE 2568 WITHDRAWN

Larson of Linn asked and received unanimous consent to withdraw
House File 2568 from further consideration by the House.

House File 2563, a bill for an act exempting from the sales and
use taxes the gross receipts from all sales of goods and services used
in fulfillment of a construction contract for a nonprofit hospital,
providing for refunds, and including an effective and retroactive
applicability date provision, was taken up for consideration.

Blodgett of Cerro Gordo moved that the bill be read a last time
now and placed upon its passage which motion prevailed and the bill
was read a last time.

On the question "Shall the bill pass?" (H.F. 2563)

The ayes were, 99:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Cataldo Chiodo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Foege
Ford Frevert Garman Gipp
Greimann Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach Houser Huseman
Huser Jacobs Jager Jenkins
Jochum Johnson Kettering Klemme
Kreiman Kuhn Larkin Larson
Lord Martin Mascher May
Mertz Metcalf Millage Mundie
Murphy Myers Nelson-Forbes O'Brien
Osterhaus Parmenter Raecker Rants
Rayhons Reynolds Richardson Scherrman
Schrader Shey Shoultz Siegrist, Spkr.
Stevens Sukup Sunderbruch Taylor, D.
Taylor, T. Teig Thomas Thomson
Tyrrell Van Engelenhoven Van Fossen Warnstadt
Weidman Weigel Welter Whitead
Wise Witt Carroll,
Presiding

 




The nays were, 1:
Fallon

 


Absent or not voting, none.

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

House File 2570, a bill for an act exempting the increase in
assessed value of a farm structure due to improvements made to the
structure to preserve it as a barn, was taken up for consideration.

Fallon of Polk asked and received unanimous consent to withdraw
amendment H-8914 filed by him from the floor.

Houser 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?" (H.F. 2570)

The ayes were, 95:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boggess
Bradley Brauns Brunkhorst Bukta
Cataldo Chiodo Cohoon Connors
Cormack Davis Dix Doderer
Dolecheck Dotzler Drake Drees
Eddie Falck Fallon Foege
Ford Frevert Garman Gipp
Greimann Greiner Grundberg Hahn
Hansen Heaton Hoffman Holmes
Holveck Horbach Houser Huseman
Jacobs Jager Jenkins Jochum
Johnson Kettering Klemme Kreiman
Kuhn Larkin Larson Lord
Martin Mascher May Mertz
Metcalf Mundie Murphy Myers
Nelson-Forbes O'Brien Osterhaus Parmenter
Raecker Rants Rayhons Reynolds
Richardson Scherrman Schrader Shey
Shoultz Siegrist, Spkr. Stevens Sukup
Sunderbruch Taylor, D. Teig Thomas
Thomson Tyrrell Van Engelenhoven Van Fossen
Warnstadt Weidman Weigel Welter
Whitead Wise Witt
The nays were, 2:

 

Taylor, T.


 


Absent or not voting, 2:
Millage

 


Under the provision of Rule 76, conflict of interest, Carroll of
Poweshiek (presiding), refrained from voting.

The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

Senate File 2419, a bill for an act providing for limitations on
investments by city hospitals, with report of committee recom-
mending passage, was taken up for consideration.

Blodgett of Cerro Gordo 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. 2419)

The ayes were, 98:
Alons Arnold Barry Baudler
Bell Blodgett Boal Boddicker
Boggess Bradley Brauns Brunkhorst
Bukta Cataldo Chiodo Cohoon
Connors Cormack Davis Dix
Doderer Dolecheck Dotzler Drake
Drees Eddie Falck Fallon
Foege Ford Frevert Garman
Gipp Greimann Greiner Grundberg
Hahn Hansen Heaton Hoffman
Holmes Holveck Horbach Houser
Huseman Huser Jacobs Jager
Jenkins Jochum Johnson Kettering
Klemme Kreiman Kuhn Larkin
Larson Lord Martin Mascher
May Mertz Metcalf Mundie
Murphy Myers Nelson-Forbes O'Brien
Osterhaus Parmenter Raecker Rayhons
Reynolds Richardson Scherrman Schrader
Shey Shoultz Siegrist, Spkr. Stevens
Sukup Sunderbruch Taylor, D. Taylor, T.
Teig Thomas Thomson Tyrrell
Van Engelenhoven Van Fossen Warnstadt Weidman
Weigel Welter Whitead Wise
Witt Carroll,
Presiding

 


The nays were, none.

Absent or not voting, 2:
Millage Rants

 


The bill having received a constitutional majority was declared to
have passed the House and the title was agreed to.

INTRODUCTION OF BILL

House File 2576, by Rants and Schrader, a bill for an act
providing a death benefit for certain volunteer emergency services
providers killed in the line of duty and providing a standing
appropriation.

Read first time and referred to committee on appropriations.

SENATE MESSAGE CONSIDERED

Senate File 2448, by committee on ways and means, a bill for an
act establishing a health enhancement and value-added energy
initiative, providing for revenues, the expenditure of moneys, and
providing for penalties.

Read first time and referred to committee on appropriations.

IMMEDIATE MESSAGES

Rants of Woodbury asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 2563, 2570 and Senate File 2419.

The House stood at ease at 6:03 p.m., until the fall of the gavel.

The House resumed session at 6:17 p.m., Carroll of Poweshiek in
the chair.


MOTION TO RECONSIDER

Sukup of Franklin moved to reconsider the vote by which House
File 2548 found on page 1542 of the House Journal passed the House
and was placed on its last reading.

Roll call was requested by Schrader of Marion and T. Taylor of
Linn.

On the question "Shall the House reconsider the vote by which
House File 2548 passed the House?"

The ayes were, 52:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Dix Dolecheck
Drake Eddie Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Mertz Metcalf
Millage Nelson-Forbes Raecker Rants
Rayhons Shey Siegrist, Spkr. Sukup
Sunderbruch Teig Tyrrell Van Engelenhoven
Van Fossen Weidman Welter Carroll,
Presiding

 


The nays were, 47:
Bell Brunkhorst Bukta Cataldo
Chiodo Cohoon Connors Cormack
Davis Doderer Dotzler Drees
Falck Fallon Foege Ford
Garman Greimann Holveck Huser
Jochum Kreiman Kuhn Larkin
Mascher May Mundie Murphy
Myers O'Brien Osterhaus Parmenter
Reynolds Richardson Scherrman Schrader
Shoultz Stevens Taylor, D. Taylor, T.
Thomas Thomson Warnstadt Weigel
Whitead Wise Witt

 


Absent or not voting, 1:
Frevert

 


The motion to reconsider prevailed.

Bradley of Clinton moved to reconsider the vote by which the
Senate amendment H-8907, printed on pages 1525 through 1541 of
the House Journal, to House File 2548 was concurred in by the House
on April 17, 2000.

Roll call was requested by Schrader of Marion and Myers of
Johnson.

On the question "Shall the House reconsider the vote by which it
concurred in the Senate amendment H-8907?"

The ayes were, 51:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Dix Dolecheck
Drake Eddie Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Metcalf Millage
Nelson-Forbes Raecker Rants Rayhons
Shey Siegrist, Spkr. Sukup Sunderbruch
Teig Tyrrell Van Engelenhoven Van Fossen
Weidman Welter Carroll,
Presiding

 


The nays were, 47:
Bell Brunkhorst Bukta Cataldo
Chiodo Cohoon Connors Cormack
Davis Doderer Dotzler Drees
Falck Fallon Foege Ford
Garman Greimann Holveck Huser
Jochum Kreiman Kuhn Larkin
Mascher May Mundie Murphy
Myers O'Brien Osterhaus Parmenter
Reynolds Richardson Scherrman Schrader
Shoultz Stevens Taylor, D. Taylor, T.
Thomas Thomson Warnstadt Weigel
Whitead Wise Witt

 


Absent or not voting, 2:
Mertz

 


The motion prevailed and the House reconsidered the Senate
amendment H-8907.

Sukup of Franklin moved that the House concur in the Senate
amendment H-8907.

Roll call was requested by Schrader of Marion and T. Taylor of
Linn.

On the question "Shall the House concur in the Senate amendment
H-8907?" (H.F. 2548)

The ayes were, 47:
Bell Brunkhorst Bukta Cataldo
Chiodo Cohoon Connors Cormack
Davis Doderer Dotzler Drees
Falck Fallon Foege Ford
Garman Greimann Holveck Huser
Jochum Kreiman Kuhn Larkin
Mascher May Mundie Murphy
Myers O'Brien Osterhaus Parmenter
Reynolds Richardson Scherrman Schrader
Shoultz Stevens Taylor, D. Taylor, T.
Thomas Thomson Warnstadt Weigel
Whitead Wise Witt

 


The nays were, 52:
Alons Arnold Barry Baudler
Blodgett Boal Boddicker Boggess
Bradley Brauns Dix Dolecheck
Drake Eddie Gipp Greiner
Grundberg Hahn Hansen Heaton
Hoffman Holmes Horbach Houser
Huseman Jacobs Jager Jenkins
Johnson Kettering Klemme Larson
Lord Martin Mertz Metcalf
Millage Nelson-Forbes Raecker Rants
Rayhons Shey Siegrist, Spkr. Sukup
Sunderbruch Teig Tyrrell Van Engelenhoven
Van Fossen Weidman Welter Carroll,
Presiding

 


Absent or not voting, 1:
Frevert

 


The motion lost and the House refused to concur in the Senate
amendment H-8907.


IMMEDIATE MESSAGE

Rants of Woodbury asked and received unanimous consent that
House File 2548 be immediately messaged to the Senate.

MOTION TO RECONSIDER
(Senate File 2241)

I move to reconsider the vote by which Senate File 2241 passed the
House on April 17, 2000.

MILLAGE of Scott

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on Monday,
April 17, 2000. Had I been present, I would have voted "aye" on
House Files 2433, 2569 and 2573.

HEATON of Henry

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 17th day of April; 2000: House Files 2470, 2486, 2492, 2510 and 2522.

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 14, 2000, he approved and transmitted to the Secretary of
State the following bills:

House File 2146, an act relating to the authority of the board of educational
examiners over certification and licensing of para-educators and practitioners.

House File 2331, an act relating to operating a motorboat or sailboat while
intoxicated and providing penalties.

House File 2394, an act to eliminate the regulation of frozen food locker plants by
the department of agriculture and land stewardship.

House File 2423, an act creating a brownfield redevelopment program and fund and
a brownfield redevelopment advisory council.

House File 2442, an act relating to international relations including the creation of
an international relations advisory council and the designation of legislative and
executive branch protocol officers.

House File 2542, an act relating to distributions made to and income from missing
property of certain persecuted victims of World War II and their heirs, including
effective and retroactive applicability dates.

Senate File 324, an act relating to certain franchise agreements and the rights and
responsibilities of the parties under such agreements.

Senate File 2158, an act relating to the limitation on deposits which may be held by
a depository institution or holding company and establishment of a procedure for
determining compliance with such limitation, providing for the Act's applicability, and
providing an effective date.

Senate File 2248, an act relating to the college student aid commission's
membership, duties, and authority, and related federal employment reports.

Senate File 2254, an act relating to child support, immunity from liability for
financial institutions relating to data matching and levies against accounts, including
medical support and payment of costs to financial institutions for data matching and
automation program development and providing for retroactive applicability.

Senate File 2307, an act relating to public and workplace safety and wage collection
laws administered by the labor commissioner, including changes in the regulation of
boilers in places of public assembly and of elevator installers, and of employers under
the wage payment collection law.

Senate File 2416, an act relating to energy conservation including making
appropriations of petroleum overcharge funds.

Also: That on April 17, 2000, he approved and transmitted to the
Secretary of State the following bills:

House File 2376, an act relating to veterans preference in public employment.

House File 2393, an act relating to the certification of persons as confinement site
manure applicators, providing for fees, and making penalties applicable.


Senate File 2079, an act relating to the prohibition of shipping or importing into the
state, or the offering for sale, selling, transporting, distributing, or possessing within
the state, of cigarettes and tobacco products which were previously exported from or
which are manufactured for use outside the United States, making penalties
applicable, and providing an effective date.

Senate File 2366, an act relating to the purchase, possession, and sale of cigarettes
and tobacco products and providing penalties.

GOVERNOR'S VETO MESSAGE

A copy of the following communication was received and placed on
file:

April 14, 2000

Michael Marshall
Secretary of the Senate
State Capitol Building
L O C A L

Dear Mr. Marshall:

I hereby transmit Senate File 2274, an act declaring Executive Order number 7 and
Executive Order number 11, enacted by this office on September 14, 1999, null and
void.

I am unable to approve Senate File 2274 and hereby transmit it to you in
accordance with Article III, Section 16, of the Constitution of the State of Iowa.

I am profoundly disappointed that the legislature has chosen to invest valuable
state resources to draft, debate, and pass this bill. I have made it very clear from the
outset that Executive Order number 7 and Executive Order number 11 constitutes
good state policy and are constitutionally sound.

Both orders constitute the appropriate exercise of gubernatorial authority under
Iowa law. Executive Order number 7 does not depart from the policy expressly stated
in the Iowa Code, which states that "it is the policy of this state to provide equal
opportunity in state employment to all persons."

It is unnecessary to submit the provisions set out in Executive Order number 7 to
the general assembly for legislative approval. Any attempt by the legislature to
portray this order as clandestine legislation fails to recognize that the executive branch
may adopt policies that administer state statutes when such administration does not
contravene those statutes. It also ignores the fact that the Iowa Senate followed a
similar legal interpretation when it redrafted the Legislative Council's Affirmative
Action Policy to provide protection to persons, regardless of sexual orientation, without
presenting the new policy to the governor for approval through the ordinary course of
the legislative process.


Executive Order number 11 also constitutes a valid exercise of gubernatorial
authority. Iowa law permits state agencies to waive their enforcement of agency rules
in compliance with state and federal law. A number of state agencies currently issue
waivers under certain circumstances. As the supreme executive magistrate for the
state, the holder of this office possesses the legal authority to direct executive branch
agencies to adopt a common waiver provision. By signing Senate File 2274 into law, I
would disrupt the balance between our two branches of government by relinquishing
authority vested within the executive branch.

The executive orders send a clear message that all persons within the executive
branch of state government will be afforded an equal opportunity in employment. They
also ensure that individuals and businesses will benefit from an efficient, economical,
and responsive state government.

For the above reasons, I hereby respectfully disapprove of Senate File 2274.

Sincerely,
Thomas J. Vilsack
Governor

PRESENTATION OF VISITORS

The Speaker announced that the following visitors were present in
the House chamber:

Twenty-six fifth grade students from Pleasant Valley School,
Pleasant Valley, accompanied by Mark Wilson. By Bradley of
Clinton.

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

2000\835 Rhoda Sebastian, Davenport - For celebrating her 87th birthday.

2000\836 Vera Paulina Schnack, Davenport - For celebrating her 85th birthday.

2000\837 Frances and Russell Venator, Ottumwa - For celebrating their 62nd
wedding anniversary.

2000\838 Dot Short, Ottumwa - For celebrating her 90th birthday.

2000\839 Irene D. Caviness, Ottumwa - For celebrating her 93rd birthday.


2000\840 Carroll J. White, Ottumwa - For celebrating his 80th birthday.

2000\841 Tiffany Rumbaugh, Mingo - For being named a United States National
Award Winner in History and Government by the United States
Achievement Academy.

2000\842 Agnes Lynch, Wacoma - For celebrating her 80th birthday.

2000\843 Maggie Keck, Bonaparte - For celebrating her 100th birthday.

2000\844 Ed and Ruth Drobny, Fairfield - For celebrating their 65th wedding
anniversary.

2000\845 North High School Jazz Band and Director Larry Kisor, Sioux City -
For winning the 4A Iowa State Jazz Championship.

2000\846 Marilyn and Elmer Cech, Ely - For celebrating their 50th wedding
anniversary.

2000\847 Edna M. Mixdorf, Jesup - For celebrating her 92nd birthday.

2000\848 Tony Fruth, Manchester - For celebrating his 80th birthday.

2000\849 David Anderson, Dunlap - For attaining the rank of Eagle Scout, the
highest rank in the Boy Scouts of America.

2000\850 Fern and Rex Sells, Toledo - For celebrating their 65th wedding
anniversary.

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 WAYS AND MEANS

Committee Bill (Formerly House File 2575), providing financial assistance to
communities and school districts by creating a school infrastructure program and fund,
continuing the community attraction and tourism development program and fund,
creating a vision Iowa board, creating a vision Iowa program and fund, providing
bonding authority to the treasurer of state, and exempting certain income from
taxation.

Fiscal Note is not required.

Recommended Amend and Do Pass April 17, 2000.

RESOLUTION FILED

HCR 123, by Mundie, a concurrent resolution requesting that the
President of the United States, the United States Secretary of
Agriculture, and the United States Congress immediately take all
actions necessary to reevaluate and amend the 1996 "Freedom to
Farm Bill" in order to preserve family farms.

Laid over under Rule 25.

AMENDMENTS FILED

H-8908 H.F. 2530 Holmes of Scott
H-8909 H.F. 2560 Jager of Black Hawk
H-8912 S.F. 2245 Blodgett of Cerro Gordo
H-8913 S.F. 2245 Huser of Polk
H-8915 S.F. 2433 Falck of Fayette
H-8916 H.F. 2572 Mascher of Johnson
H-8917 H.F. 2571 Dix of Butler
H-8919 H.F. 2496 Wise of Lee
H-8920 H.F. 2530 Wise of Lee
Jenkins of Black Hawk

On motion by Rants of Woodbury the House adjourned at 7:30
p.m., until 8:45 a.m., Tuesday, April 18, 2000.

Correction to Journal of April 13, 2000

Page 1473 - Amendment H-8849 was adopted and should have been printed as follows:

H-8849

1 Amend Senate File 2429, as passed by the Senate, as
2 follows:
3 1. Page 18, by inserting after line 6 the
4 following:
5 "Sec. 100. Section 232.190, Code 1999, is amended
6 to read as follows:
7 232.190 COMMUNITY GRANT FUND.
8 1. A community grant fund is established in the
9 state treasury under the control of the division of
10 criminal and juvenile justice planning of the
11 department of human rights for the purposes of
12 awarding grants under this section. The criminal and
13 juvenile justice planning advisory council and the
14 juvenile justice advisory council shall assist the

15 division in administering grants awarded under this
16 section. The departments of education, human
17 services, public health, and public safety, and the
18 governor's alliance on substance abuse shall advise
19 the division on grant application and selection award
20 criteria and performance measures for the programs.
21 Not more than five percent of the moneys appropriated
22 to the fund shall be used for administrative purposes.
23 2. A city, county, or entity organized under
24 chapter 28E Any decategorization governance board
25 organized in accordance with section 232.188 may apply
26 to the division for a grant on a matching basis to
27 fund juvenile crime prevention programs that emphasize
28 positive youth development. The match may be obtained
29 from private sources, other state programs, or federal
30 programs. The division shall adopt rules establishing
31 required matching fund levels that progressively
32 increase as applicants receive a second or subsequent
33 year of consecutive funding through the community
34 grant fund. The division shall not accept an
35 application for a fourth or subsequent consecutive
36 year of funding. However, cities, counties, or
37 entities organized under chapter 28E receiving grants
38 prior to July 1, 1998, may apply and receive funding
39 for an additional two consecutive years beyond June
40 30, 1998 for awarding of grant moneys, including but
41 not limited to data factors and a methodology for use
42 in allocating moneys among the decategorization
43 projects based upon a project's proportion of the
44 state's population of children.
45 3. Applications for moneys from the community
46 grant fund shall define the geographical boundaries of
47 the site chosen to benefit from the funds from this
48 program and shall demonstrate a collaborative effort
49 by all relevant local government and school officials
50 and service agencies with authority, responsibilities,

Page 2

1 or other interests within the chosen site
2 decategorization project area. Proposed plans set
3 forth in the applications shall reflect a community-
4 wide consensus in how to remediate community problems
5 related to juvenile crime and shall describe how the
6 funds from this program will be used in a manner
7 consistent with the human investment strategy of the
8 state as developed pursuant to section 8A.1. Services
9 provided under a grant through this program shall be
10 comprehensive, preventive, community-based, and shall
11 utilize flexible delivery systems and promote youth
12 development. The division shall establish a point
13 system for determining eligibility for grants from the

14 fund based upon the nature and breadth of the proposed
15 community juvenile crime prevention plans and the
16 extent to which the proposals include viable plans to
17 sustain the funding and local governance of the
18 proposed juvenile crime prevention services and
19 activities following the proposed grant period. A
20 plan for grant moneys under this section shall be a
21 part of or be consistent with the annual child welfare
22 services plan developed by the governance board of the
23 decategorization project area and submitted to the
24 department of human services and Iowa empowerment
25 board pursuant to section 232.188.
26 4. The division shall provide potential applicants
27 for grant moneys decategorization governance boards
28 with information describing comprehensive community
29 planning techniques and performance measures for this
30 program and. The division shall establish a
31 monitoring system for this program that requires
32 participating cities, counties, and entities organized
33 under chapter 28E decategorization governance boards
34 to report information with which to measure program
35 performance. The division shall solicit input from
36 cities, counties, and service-providing agencies on
37 the establishment of program performance measures and
38 the structure of the program monitoring system.
39 Applications for grant moneys shall state specific
40 results sought to be obtained by any service or
41 activity funded by a grant under this section and
42 shall describe how their desired results are related
43 to the program's performance measures.
44 5. This section is repealed effective June 30,
45 2000 2005. The division of criminal and juvenile
46 justice planning shall annually submit an annual a
47 report to the general assembly by January 15 regarding
48 the program's performance measures and the
49 effectiveness of the services and activities funded
50 under this section."

Page 3

1 2. Page 19, by inserting after line 7 the
2 following:
3 "4. Section 100 of this Act, relating to the
4 community grant fund, being deemed of immediate
5 importance, takes effect upon enactment."
6 3. By renumbering as necessary.


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