Previous Day: Tuesday, April 22	Next Day: Thursday, April 24
Senate Journal: Index	House Journal: Index
Legislation: Index	Bill History: Index

House Journal: Wednesday, April 23, 2003

JOURNAL OF THE HOUSE

One Hundred First Calendar Day - Seventy-second Session Day

Hall of the House of Representatives
Des Moines, Iowa, Wednesday, April 23, 2003

The House met pursuant to adjournment at 8:52 a.m., Speaker
Rants in the chair.

Prayer was offered by Reverend John O'Connor, pastor of St.
Boniface Catholic Church, New Vienna. He was the guest of
Representative Steve Lukan of Dubuque County.

The Journal of April 22, 2003 was approved.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Speaker Rants.

The House stood at ease at 9:00 p.m., until the fall of the gavel.

The House resumed session at 11:25 a.m., Speaker Rants in the
chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-one members present, thirty-
nine absent.

ADOPTION OF SENATE CONCURRENT RESOLUTION 8

Freeman of Buena Vista called up for consideration Senate
Concurrent Resolution 8, a concurrent resolution supporting the
completion of U.S. Highway 20 across northern Iowa and requesting
federal assistance, and moved its adoption.

The motion prevailed and the resolution was adopted.

CONSIDERATION OF BILLS
Ways and Means Calendar

House File 681, a bill for an act relating to tax credits and
associated refunds for cooperatives engaged in the production of
value-added agricultural products, and providing for its applicability,
was taken up for consideration.

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

On the question "Shall the bill pass?" (H.F. 681)

The ayes were, 96:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boggess	Bukta
Chambers	Cohoon	Connors	Dandekar
Davitt	De Boef	Dennis	Dix
Dolecheck	Drake	Eichhorn	Elgin
Foege	Ford	Freeman	Frevert
Gaskill	Gipp	Granzow	Greimann
Greiner	Hahn	Hansen	Hanson
Heaton	Heddens	Hoffman	Hogg
Horbach	Hunter	Huseman	Huser
Hutter	Jacobs	Jenkins	Jochum
Jones	Klemme	Kramer	Kuhn
Kurtenbach	Lalk	Lensing	Lukan
Lykam	Maddox	Manternach	Mascher
McCarthy	Mertz	Miller	Murphy
Myers	Oldson	Olson, D.	Olson, S.
Osterhaus	Paulsen	Petersen	Quirk
Raecker	Rasmussen	Rayhons	Reasoner
Roberts	Sands	Schickel	Shoultz
Smith	Stevens	Struyk	Swaim
Taylor, T.	Thomas	Tjepkes	Tymeson
Upmeyer	Van Engelenhoven	Van Fossen, J.K.	Van Fossen, J.R.
Watts	Wendt	Whitaker	Whitead
Wilderdyke	Winckler	Wise	Mr. Speaker
			Rants

The nays were, none.

Absent or not voting, 4:

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

IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
File 681 and Senate Concurrent Resolution 8.

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 23, 2003, passed the following bill in which the concurrence of the Senate was
asked:

House File 304, a bill for an act relating to the payment by a county of the
agricultural land tax credit and reimbursement to the county of its payment and
providing an effective date.

Also: That the Senate has on April 23, 2003, passed the following bill in which the
concurrence of the Senate was asked:

House File 558, a bill for an act authorizing the department of human services to
disclose information regarding the listing of an individual in the child or dependent
abuse registry or the sex offender registry when it is necessary for the protection of a
child or a dependent adult.

Also: That the Senate has on April 23, 2003, passed the following bill in which the
concurrence of the Senate was asked:

House File 577, a bill for an act providing for a waiver of deadline requirements
relating to whole-grade sharing agreements in specified school districts, and providing
an effective date.

Also: That the Senate has on April 23, 2003, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 359, a bill for an act relating to landlords, tenants, and actions for
forcible entry or detention.

Also: That the Senate has on April 23, 2003, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 366, a bill for an act relating to the Iowa probate code, including
provisions relating to state inheritance, gift taxes, and trusts and including an
applicability date provision.

MICHAEL E. MARSHALL, Secretary

HOUSE FILE 491 WITHDRAWN

Drake of Pottawattamie asked and received unanimous consent to
withdraw House File 491 from further consideration by the House.

On motion by Gipp of Winneshiek, the House was recessed at
11:45 a.m., until 1:15 p.m.

AFTERNOON SESSION

The House reconvened at 1:16 p.m., Jacobs of Polk in the chair.

QUORUM CALL

A non-record roll call was requested to determine that a quorum
was present. The vote revealed sixty-one members present, thirty-
nine absent.

INTRODUCTION OF BILL

House Joint Resolution 10, by Greiner, a joint resolution
nullifying amendments to administrative rules of the environmental
protection commission of the department of natural resources relating
to ammonia and hydrogen sulfide ambient air regulations and
providing an effective date.

Read first time and referred to committee on environmental
protection.

CONSIDERATION OF BILLS
Ways and Means Calendar

House File 679, a bill for an act relating to the new jobs and
income program and providing a tax credit, was taken up for
consideration.

Shoultz of Black Hawk asked and received unanimous consent
that amendment H-1439 be deferred.

Eichhorn of Hamilton asked and received unanimous consent to
withdraw amendment H-1403 filed by him and Miller of Webster on
April 22, 2003.

Lukan of Dubuque offered the following amendment H-1378 filed
by him and moved its adoption:

H-1378

1 Amend House File 679 as follows:
2 1. Page 5, by inserting after line 13 the
3 following:
4 "Sec. . EFFECTIVE AND RETROACTIVE APPLICABILITY
5 DATES. Sections 2 and 3 of this Act, relating to the
6 franchise tax credit, being deemed of immediate
7 importance, take effect May 1, 2003, and, if approved
8 by the governor after May 1, 2003, shall apply
9 retroactively to May 1, 2003."
10 2. Title page, line 1, by striking the words
11 "program and" and inserting the following:
12 "program,".
13 3. Title page, line 2, by inserting after the
14 word "credit" the following: ", and providing
15 effective and retroactive applicability dates".
16 4. By renumbering as necessary.

Amendment H-1378 was adopted.

Jochum of Dubuque asked and received unanimous consent that
amendment H-1341 be deferred.

Shoultz of Black Hawk offered the following amendment H-1439,
previously deferred, filed by him from the floor and moved its
adoption:

H-1439

1 Amend House File 679 as follows:
2 1. Page 1, by inserting before line 1 the
3 following:
4 "Section 1. NEW SECTION. 15.115 ACCOUNTABILITY.
5 1. If the department of economic development
6 determines that a recipient of financial assistance in
7 the form of a tax credit under a program administered
8 by the department of economic development has not met
9 performance measures and benchmarks developed by the
10 department, the department of economic development
11 shall notify the department of revenue and finance.
12 Upon notification, the department of revenue and
13 finance shall initiate an investigation of the failure
14 of the recipient to achieve the performance measures
15 and benchmarks. If the department of revenue and
16 finance determines that the performance and benchmarks
17 were not met by the recipient, the department of

18 revenue and finance shall initiate proceedings to
19 recover state taxes received by the recipient.
20 2. Any state taxes recovered by the department of
21 revenue and finance shall be deposited in the state
22 tax recovery fund. The state tax recovery fund is
23 created in the state treasury under the control of the
24 department of revenue and finance. Moneys in the fund
25 are appropriated to the department of revenue and
26 finance for purposes of initiating investigations and
27 recovery proceedings under this section. On June 30
28 of each fiscal year, any unobligated moneys remaining
29 in the fund shall be deposited in a fund enacted by
30 the general assembly during the 2003 legislative
31 session and funded with bond sale proceeds totaling
32 more than five hundred million dollars."
33 2. Title page, line 1, by inserting after the
34 word "program" the following: ", economic development
35 accountability and funding,".
36 3. By renumbering as necessary.

Amendment H-1439 lost.

Jochum of Dubuque asked and received unanimous consent to
withdraw amendment H-1341, previously deferred, filed by her on
April 15, 2003.

The House stood at ease at 1:40 p.m., until the fall of the gavel.

The House resumed session at 1:55 p.m., Jacobs of Polk in the
chair.

Huser of Polk offered the following amendment H-1442 filed by her
from the floor and moved its adoption:

H-1442

1 Amend House File 679 as follows:
2 1. Page 4, by inserting after line 20 the
3 following:
4 "Sec. ___. Section 15E.193B, subsection 4, Code
5 2003, is amended to read as follows:
6 4. The eligible housing business shall complete
7 its building or rehabilitation within two years from
8 the time the business begins construction on the
9 single-family homes and dwelling units. The failure
10 to complete construction or rehabilitation within two
11 years shall result in the eligible housing business
12 becoming ineligible and subject to the repayment
13 requirements and penalties enumerated in subsection 7.
14 The department may extend the prescribed two-year

15 completion period if the department determines that
16 completion within the two-year period is impossible or
17 impractical as a result of a substantial loss caused
18 by flood, fire, earthquake, storm, or other
19 catastrophe. For purposes of this subsection,
20 "substantial loss" means damage or destruction in an
21 amount in excess of thirty percent of the project's
22 expected eligible basis as set forth in the eligible
23 housing business's application."
24 2. Title page, by striking line 1 and inserting
25 the following: "An Act relating to economic
26 development by modifying the new jobs and income
27 program and the enterprise zone program and
28 providing".
29 3. By renumbering as necessary.

Amendment H-1442 was adopted.

Lukan of Dubuque 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. 679)

The ayes were, 98:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boggess	Bukta
Carroll	Chambers	Cohoon	Connors
Dandekar	Davitt	De Boef	Dennis
Dix	Dolecheck	Drake	Eichhorn
Elgin	Fallon	Foege	Ford
Freeman	Frevert	Gaskill	Granzow
Greimann	Greiner	Hahn	Hansen
Hanson	Heaton	Heddens	Hoffman
Hogg	Horbach	Hunter	Huseman
Huser	Hutter	Jenkins	Jochum
Jones	Klemme	Kramer	Kuhn
Kurtenbach	Lalk	Lensing	Lukan
Lykam	Maddox	Manternach	Mascher
McCarthy	Mertz	Miller	Murphy
Myers	Oldson	Olson, D.	Olson, S.
Osterhaus	Paulsen	Petersen	Quirk
Raecker	Rants, Spkr.	Rasmussen	Rayhons
Reasoner	Roberts	Sands	Schickel
Shoultz	Smith	Stevens	Struyk
Swaim	Taylor, D.	Taylor, T.	Thomas
Tjepkes	Tymeson	Upmeyer	Van Engelenhoven
Van Fossen, J.K.	Van Fossen, J.R.	Watts	Wendt
Whitaker	Whitead	Wilderdyke	Winckler
Wise	Jacobs,
	Presiding
The nays were, none.

Absent or not voting, 2:

Boddicker	Gipp

Alons	Arnold	Baudler	Bell
Berry	Boal	Boggess	Bukta
Carroll	Chambers	Cohoon	Connors
Dandekar	Davitt	De Boef	Dennis
Dix	Dolecheck	Drake	Eichhorn
Elgin	Fallon	Foege	Ford
Freeman	Frevert	Gaskill	Gipp
Granzow	Greimann	Greiner	Hahn
Hansen	Hanson	Heddens	Hoffman
Hogg	Horbach	Hunter	Huseman
Huser	Hutter	Jenkins	Jochum
Jones	Klemme	Kramer	Kuhn
Kurtenbach	Lalk	Lensing	Lukan
Lykam	Maddox	Manternach	Mascher
McCarthy	Mertz	Miller	Murphy
Myers	Oldson	Olson, D.	Olson, S.
Osterhaus	Paulsen	Petersen	Quirk
Raecker	Rasmussen	Rayhons	Reasoner
Roberts	Sands	Schickel	Shoultz
Smith	Stevens	Struyk	Swaim
Taylor, D.	Taylor, T.	Thomas	Tjepkes
Tymeson	Upmeyer	Van Engelenhoven	Van Fossen, J.K.
Van Fossen, J.R.	Watts	Wendt	Whitaker
Whitead	Wilderdyke	Winckler	Wise
Jacobs,
Presiding

The nays were, none.

Absent or not voting, 3:

Boddicker	Heaton	Rants, Spkr.

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

IMMEDIATE MESSAGE

Klemme of Plymouth asked and received unanimous consent that
House File 675 be immediately messaged to the Senate.

HOUSE FILE 582 WITHDRAWN

Upmeyer of Hancock asked and received unanimous consent to
withdraw House File 582 from further consideration by the House.

Roberts of Carroll in the chair at 2:13 p.m.

House File 663, a bill for an act relating to the establishment of a
school infrastructure financing program by providing for the sharing
of revenues from local option sales and services taxes for school
infrastructure purposes and providing for the use of the revenues
from the local option tax for school infrastructure or property tax
relief purposes and including an effective date, was taken up for
consideration.

Tymeson of Madison offered the following amendment H-1375 filed
by her and moved its adoption:

H-1375

1 Amend House File 663 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 422E.1, subsections 2 and 3,
5 Code 2003, are amended to read as follows:
6 2. The maximum rate of tax shall be one percent.
7 The tax shall be imposed without regard to any other
8 local sales and services tax authorized in chapter
9 422B, and is repealed at the expiration of a period of
10 ten years of imposition or a shorter period as
11 provided in the ballot proposition. However, all
12 local option sales and services taxes for school
13 infrastructure purposes are repealed December 31,
14 2022.

15 3. Local sales and services tax moneys received by
16 a county for school infrastructure purposes pursuant
17 to this chapter shall be utilized ~~solely~~ for school
18 infrastructure needs or property tax relief. For
19 purposes of this chapter, "school infrastructure"
20 means those activities for which a school district is
21 authorized to contract indebtedness and issue general
22 obligation bonds under section 296.1, except those
23 activities related to a teacher's or superintendent's
24 home or homes. These activities include the
25 construction, reconstruction, repair, demolition work,
26 purchasing, or remodeling of schoolhouses, stadiums,
27 gyms, fieldhouses, and bus garages and the procurement
28 of schoolhouse construction sites and the making of
29 site improvements. Additionally, "school
30 infrastructure" includes the payment or retirement of
31 outstanding bonds previously issued for school
32 infrastructure purposes as defined in this subsection,
33 and the payment or retirement of bonds issued under
34 section 422E.4.
35 Sec. 2. Section 422E.2, subsection 3, Code 2003,
36 is amended to read as follows:
37 3. The county commissioner of elections shall
38 submit the question of imposition of a local sales and
39 services tax for school infrastructure purposes at a
40 state general election or at a special election held
41 at any time other than the time of a city regular
42 election. The election shall not be held sooner than
43 sixty days after publication of notice of the ballot
44 proposition. The ballot proposition shall specify the
45 rate of tax, the date the tax will be imposed and
46 repealed, and shall contain a statement as to the
47 specific purpose or purposes for which the revenues
48 shall be expended. The content of the ballot
49 proposition shall be substantially similar to the
50 petition of the board of supervisors or motions of a

Page 2

1 school district or school districts requesting the
2 election as provided in subsection 2, as applicable,
3 including the rate of tax, imposition and repeal date,
4 and the specific purpose or purposes for which the
5 revenues will be expended. The dates for the
6 imposition and repeal of the tax shall be as provided
7 in subsection 1. The rate of tax shall not be more
8 than one percent ~~as set by the county board of~~
9 ~~supervisors~~. The state commissioner of elections
10 shall establish by rule the form for the ballot
11 proposition which form shall be uniform throughout the
12 state.
13 Sec. 3. Section 422E.2, Code 2003, is amended by

14 adding the following new subsection:
15 NEW SUBSECTION. 3A. a. Each school district
16 located within the county may submit a revenue purpose
17 statement to the county commissioner of elections no
18 later than sixty days prior to the election indicating
19 the specific purpose or purposes for which the local
20 sales and services tax for school infrastructure
21 revenue and supplemental school infrastructure amount
22 revenue will be expended. The revenues received
23 pursuant to this chapter shall be expended for the
24 purposes indicated in the revenue purpose statement.
25 The revenue purpose statement may include information
26 regarding the school district's use of the revenues to
27 provide for property tax relief or debt reduction. A
28 copy of the revenue purpose statement shall be made
29 available for public inspection in accordance with
30 chapter 22, shall be posted at the appropriate polling
31 places of each school district during the hours that
32 the polls are open, and be published in a newspaper of
33 general circulation in the school district no sooner
34 than twenty days and no later than ten days prior to
35 the election.
36 b. If a revenue purpose statement is not submitted
37 sixty days prior to the election or revenues remain
38 after fulfilling the purpose specified in the revenue
39 purpose statement, the revenues shall be used to
40 reduce the following levies in the following order:
41 (1) Bond levies under sections 298.18 and 298.18A
42 and all other debt levies, until the moneys received
43 or the levies are reduced to zero.
44 (2) The regular physical plant and equipment levy
45 under section 298.2, until the moneys received or the
46 levy is reduced to zero.
47 (3) The voter-approved physical plant and
48 equipment levy and income surtax, if any, under
49 section 298.2, until the moneys received or the levy
50 and income surtax, if any, is reduced to zero.

Page 3

1 (4) The public educational and recreational levy
2 under section 300.2, until the moneys received or the
3 levy is reduced to zero.
4 (5) The schoolhouse tax levy under section 278.1,
5 subsection 7, Code 1989, until the moneys received or
6 the levy is reduced to zero.
7 Any money remaining after the reduction of the
8 levies specified in this paragraph "b" may be used for
9 any authorized infrastructure purpose of the school
10 district.
11 c. Counties holding an election on the local sales
12 and services tax for school infrastructure purposes on

13 or after April 1, 2003, but before July 1, 2003, which
14 approve the imposition of the tax at the election
15 shall expend the revenues for any authorized
16 infrastructure purpose of the school district.
17 Sec. 4. Section 422E.2, subsection 4, Code 2003,
18 is amended to read as follows:
19 4. a. The tax may be repealed or the rate
20 increased, but not above one percent, or decreased, or
21 the use of the revenues changed after an election at
22 which a majority of those voting on the question of
23 repeal, or rate change, or change in use favored the
24 repeal, or rate change, or change in use. The
25 election at which the question of repeal, or rate
26 change, or change in use is offered shall be called
27 and held in the same manner and under the same
28 conditions as provided in this section for the
29 election on the imposition of the tax. However, an
30 election on the change in use shall only be held in
31 the school district where the change in use is
32 proposed to occur. The election may be held at any
33 time but not sooner than sixty days following
34 publication of the ballot proposition. However, the
35 tax shall not be repealed before it has been in effect
36 for one year.
37 b. Within ten days of the election at which a
38 majority of those voting on the question favors the
39 imposition, repeal, or change in the rate of the tax,
40 the county auditor shall give written notice of the
41 result of the election by sending a copy of the
42 abstract of the votes from the favorable election to
43 the director of revenue and finance. Election costs
44 shall be apportioned among school districts within the
45 county on a pro rata basis in proportion to the number
46 of registered voters in each school district who
47 reside within the county and the total number of
48 registered voters within the county.
49 c. A local option sales and services tax shall not
50 be repealed or reduced in rate if obligations are

Page 4

1 outstanding which are payable as provided in section
2 422E.4, unless funds sufficient to pay the principal,
3 interest, and premium, if any, on the outstanding
4 obligations at and prior to maturity have been
5 properly set aside and pledged for that purpose.
6 However, this paragraph does not apply to the repeal
7 of the tax on December 31, 2022, as specified in
8 section 422E.1, subsection 2.
9 Sec. 5. Section 422E.3, subsection 4, Code 2003,
10 is amended to read as follows:
11 4. The director of revenue and finance shall

12 credit tax receipts and interest and penalties from
13 the local sales and services tax for school
14 infrastructure purposes to an account within the
15 ~~county's local sales and services tax fund, as created~~
16 ~~in section 422B.10, subsection 1~~ secure an advanced
17 vision for education fund, as provided in section
18 422E.3A, maintained in the name of the school district
19 or school districts located within the county. If the
20 director is unable to determine from which county any
21 of the receipts were collected, those receipts shall
22 be allocated among the possible counties based on
23 allocation rules adopted by the director.
24 Sec. 6. Section 422E.3, subsection 5, unnumbered
25 paragraph 1, Code 2003, is amended to read as follows:
26 d. (1) If more than one school district, or a
27 portion of a school district, is located within the
28 county, tax receipts shall be remitted to each school
29 district or portion of a school district in which the
30 county tax is imposed in a pro rata share based upon
31 the ratio which the ~~percentage of~~ actual enrollment
32 for the school district that attends school in the
33 county bears to ~~the percentage of~~ the total combined
34 actual enrollments for all school districts that
35 attend school in the county.
36 (2) The combined actual enrollment for a county,
37 for purposes of this section, shall be determined for
38 each county ~~imposing a sales and services tax for~~
39 ~~school infrastructure purposes~~ by the department of
40 management based on the actual enrollment figures
41 reported by October 1 to the department of management
42 by the department of education pursuant to section
43 257.6, subsection 1. The combined actual enrollment
44 count shall be forwarded to the director of ~~the~~
45 ~~department of management~~ revenue and finance by March
46 1, annually, for purposes of supplying estimated tax
47 payment figures and making estimated tax payments
48 pursuant to this section for the following fiscal
49 year.
50 e. Notwithstanding the amount of tax receipts

Page 5

1 credited to the account within the secure an advanced
2 vision for education fund maintained in the name of a
3 school district, the amount of tax receipts the school
4 district shall receive from the tax imposed in the
5 county shall be determined as provided in section
6 422E.3A, subsection 2.
7 Sec. 7. Section 422E.3, subsection 7, Code 2003,
8 is amended to read as follows:
9 7. Construction contractors may make application
10 to the department for a refund of the additional local

11 sales and services tax paid under this chapter by
12 reason of taxes paid on goods, wares, or merchandise
13 under the conditions specified in section 422B.11.
14 The refund shall be paid by the department from the
15 appropriate school district's account in the ~~local~~
16 ~~sales and services tax~~ secure an advanced vision for
17 education fund. The penalty provisions contained in
18 section 422B.11, subsection 3, shall apply regarding
19 an erroneous application for refund of local sales and
20 services tax paid under this chapter.
21 Sec. 8. NEW SECTION. 422E.3A SECURE AN ADVANCED
22 VISION FOR EDUCATION FUND.
23 1. A secure an advanced vision for education fund
24 is created as a separate and distinct fund in the
25 state treasury under the control of the department of
26 revenue and finance. Moneys in the fund include
27 revenues credited to the fund pursuant to this
28 chapter, appropriations made to the fund, and other
29 moneys deposited into the fund. Any amounts disbursed
30 from the fund shall be utilized for school
31 infrastructure purposes or property tax relief.
32 2. The moneys credited in a fiscal year to the
33 secure an advanced vision for education fund shall be
34 distributed as follows:
35 a. A school district that is located in whole or
36 in part in a county that voted on and approved prior
37 to April 1, 2003, the local sales and services tax for
38 school infrastructure purposes and that has a sales
39 tax capacity per student above the guaranteed school
40 infrastructure amount shall receive an amount equal to
41 its pro rata share of the local sales and services tax
42 receipts as provided in section 422E.3, subsection 5,
43 paragraph "d".
44 b. (1) A school district that is located in whole
45 or in part in a county that voted on and approved
46 prior to April 1, 2003, the local sales and services
47 tax for school infrastructure purposes and that has a
48 sales tax capacity per student below its guaranteed
49 school infrastructure amount shall receive an amount
50 equal to its pro rata share of the local sales and

Page 6

1 services tax receipts as provided in section 422E.3,
2 subsection 5, paragraph "d", plus an amount equal to
3 its supplemental school infrastructure amount.
4 (2) A school district that is located in whole or
5 in part in a county that voted on and approved on or
6 after April 1, 2003, the local sales and services tax
7 for school infrastructure purposes shall receive an
8 amount equal to its pro rata share of the local sales
9 and services tax receipts as provided in section

10 422E.3, subsection 5, paragraph "d", not to exceed its
11 guaranteed school infrastructure amount. However, if
12 the school district's pro rata share is less than its
13 guaranteed school infrastructure amount, the district
14 shall receive an additional amount equal to its
15 supplemental school infrastructure amount.
16 (3) A school district that is located in whole or
17 in part in a county that voted on and approved the
18 continuation of the tax on or after April 1, 2003, the
19 local sales and services tax for school infrastructure
20 purposes shall receive an amount equal to its pro rata
21 share of the local sales and services tax receipts as
22 provided in section 422E.3, subsection 5, paragraph
23 "d", not to exceed its guaranteed school
24 infrastructure amount. However, if the school
25 district's pro rata share is less than its guaranteed
26 school infrastructure amount, the district shall
27 receive an additional amount equal to its supplemental
28 school infrastructure amount.
29 (4) The amount distributed under this paragraph
30 "b" which a school district receives shall not exceed
31 the guaranteed school infrastructure amount. A school
32 district qualifying for a supplemental school
33 infrastructure amount pursuant to this paragraph "b"
34 shall not receive more than the guaranteed school
35 infrastructure amount in any subsequent year.
36 c. In the case of a school district located in
37 more than one county, the amount to be distributed to
38 the school district shall be separately computed for
39 each county based upon the school district's actual
40 enrollment that attends school in the county.
41 3. a. The director of revenue and finance by June
42 1 preceding each fiscal year shall compute the
43 guaranteed school infrastructure amount for each
44 school district, each school district's sales tax
45 capacity per student for each county, the statewide
46 tax revenues per student, and the supplemental school
47 infrastructure amount for the coming fiscal year.
48 b. For purposes of distributions under subsection
49 2:
50 (1) "Guaranteed school infrastructure amount"

Page 7

1 means for a school district the statewide tax revenues
2 per student, multiplied by the quotient of the tax
3 rate percent imposed in the county, divided by one
4 percent and multiplied by the quotient of the number
5 of quarters the tax is imposed during the fiscal year
6 divided by four quarters.
7 (2) "Sales tax capacity per student" means for a
8 school district the estimated amount of revenues that

9 a school district receives or would receive if a local
10 sales and services tax for school infrastructure
11 purposes is imposed at one percent in the county
12 pursuant to section 422E.2, divided by the school
13 district's actual enrollment as determined in section
14 422E.3, subsection 5, paragraph "d".
15 (3) "Statewide tax revenues per student" means the
16 amount determined by estimating the total revenues
17 that would be generated by a one percent local option
18 sales and services tax for school infrastructure
19 purposes if imposed by all the counties during the
20 entire fiscal year and dividing this estimated revenue
21 amount by the sum of the combined actual enrollment
22 for all counties as determined in section 422E.3,
23 subsection 5, paragraph "d", subparagraph (2).
24 (4) "Supplemental school infrastructure amount"
25 means the guaranteed school infrastructure amount for
26 the school district less its pro rata share of local
27 sales and services tax for school infrastructure
28 purposes as provided in section 422E.3, subsection 5,
29 paragraph "d".
30 4. a. For the purposes of distribution under
31 subsection 2, paragraph "b", subparagraph (1), a
32 school district with a sales tax capacity per student
33 below its guaranteed school infrastructure amount
34 shall use the amount equal to the guaranteed school
35 infrastructure amount less the pro rata share amount
36 in accordance with section 422E.3, subsection 5,
37 paragraph "d", for the purpose of paying principal and
38 interest on outstanding bonds previously issued for
39 school infrastructure purposes as defined in section
40 422E.1, subsection 3. Any money remaining after the
41 payment of all principal and interest on outstanding
42 bonds previously issued for infrastructure purposes
43 may be used for any authorized infrastructure purpose
44 of the school district. If a majority of the voters
45 in the school district approves the use of revenue
46 pursuant to a revenue purpose statement in an election
47 held after July 1, 2003, in the school district
48 pursuant to section 422E.2, the school district may
49 use the amount for the purposes specified in its
50 revenue purpose statement.

Page 8

1 b. Nothing in this section shall prevent a school
2 district from using its sales tax capacity per student
3 or guaranteed school infrastructure amount to pay
4 principal and interest on obligations issued pursuant
5 to section 422E.4.
6 5. In the case of a deficiency in the fund to pay
7 the supplemental school infrastructure amounts in

8 full, the amount available in the fund less the sales
9 and services tax revenues for school infrastructure
10 purposes attributed to each school district should be
11 allocated based on the proportion of actual enrollment
12 in the district to the combined actual enrollment in
13 the counties where the sales and services tax for
14 school infrastructure purposes has been imposed and
15 the school districts in the counties qualify for the
16 supplemental school infrastructure amount.
17 6. A school district with less than two hundred
18 fifty actual enrollment or less than one hundred
19 actual enrollment in the high school shall not expend
20 the supplemental school infrastructure amount received
21 for new construction or for payments for bonds issued
22 for new construction against the supplemental school
23 infrastructure amount without prior application to the
24 department of education and receipt of a certificate
25 of need pursuant to this subsection. However, a
26 certificate of need is not required for the payment of
27 outstanding bonds issued for new construction pursuant
28 to section 296.1, before April 1, 2003. A certificate
29 of need is also not required for repairing
30 schoolhouses or buildings, equipment, technology, or
31 transportation equipment for transporting students as
32 provided in section 298.3, or for construction
33 necessary for compliance with the federal Americans
34 With Disabilities Act pursuant to 42 U.S.C. � 12101-
35 12117. In determining whether a certificate of need
36 shall be issued or denied, the department shall
37 consider all of the following:
38 a. Enrollment trends in the grades that will be
39 served at the new construction site.
40 b. The infeasibility of remodeling,
41 reconstructing, or repairing existing buildings.
42 c. The fire and health safety needs of the school
43 district.
44 d. The distance, convenience, cost of
45 transportation, and accessibility of the new
46 construction site to the students to be served at the
47 new construction site.
48 e. Availability of alternative, less costly, or
49 more effective means of serving the needs of the
50 students.

Page 9

1 f. The financial condition of the district,
2 including the effect of the decline of the budget
3 guarantee and unspent balance.
4 g. Broad and long-term ability of the district to
5 support the facility and the quality of the academic
6 program.

7 h. Cooperation with other educational entities
8 including other school districts, area education
9 agencies, postsecondary institutions, and local
10 communities.
11 Sec. 9. Section 422E.4, unnumbered paragraphs 1
12 and 2, Code 2003, are amended to read as follows:
13 The board of directors of a school district shall
14 be authorized to issue negotiable, interest-bearing
15 school bonds, without election, and utilize tax
16 receipts derived from the sales and services tax for
17 school infrastructure purposes and the supplemental
18 school infrastructure amount distributed pursuant to
19 section 422E.3A, subsection 2, paragraph "b", for
20 principal and interest repayment. Proceeds of the
21 bonds issued pursuant to this section shall be
22 utilized solely for school infrastructure needs as
23 school infrastructure is defined in section 422E.1,
24 subsection 3. Issuance of bonds pursuant to this
25 section shall be permitted only in a district which
26 has imposed a local sales and services tax for school
27 infrastructure purposes pursuant to section 422E.2.
28 The provisions of sections 298.22 through 298.24 shall
29 apply regarding the form, rate of interest,
30 registration, redemption, and recording of bond issues
31 pursuant to this section, with the exception that the
32 maximum period during which principal on the bonds is
33 payable shall not exceed ~~a ten-year period, or~~ the
34 date of repeal stated on the ballot proposition.
35 A school district in which a local option sales tax
36 for school infrastructure purposes has been imposed
37 shall be authorized to enter into a chapter 28E
38 agreement with one or more cities or a county whose
39 boundaries encompass all or a part of the area of the
40 school district. A city or cities entering into a
41 chapter 28E agreement shall be authorized to expend
42 its designated portion of the local option sales and
43 services tax revenues for any valid purpose permitted
44 in this chapter or authorized by the governing body of
45 the city. A county entering into a chapter 28E
46 agreement with a school district in which a local
47 option sales tax for school infrastructure purposes
48 has been imposed shall be authorized to expend its
49 designated portion of the local option sales and
50 services tax revenues to provide property tax relief

Page 10

1 within the boundaries of the school district located
2 in the county. A school district where a local option
3 sales and services tax is imposed is also authorized
4 to enter into a chapter 28E agreement with another
5 school district, a community college, or an area

6 education agency which is located partially or
7 entirely in or is contiguous to the county where the
8 tax is imposed. The school district or community
9 college shall only expend its designated portion of
10 the local option sales and services tax for
11 infrastructure purposes. The area education agency
12 shall only expend its designated portion of the local
13 option school infrastructure sales tax for
14 infrastructure and maintenance purposes.
15 Sec. 10. NEW SECTION. 422E.6 REPEAL.
16 This chapter is repealed June 30, 2023, for fiscal
17 years beginning after that date.
18 Sec. 11. EFFECTIVE DATE. This Act, being deemed
19 of immediate importance, takes effect upon enactment."

A non-record roll call was requested.

The ayes were 45, nays 17.

Amendment H-1375 was adopted placing out of order the following
amendments:

Amendment H-1227 filed by Wendt of Woodbury on April 2, 2003.
Amendment H-1278 filed by Wendt of Woodbury on April 7, 2003.
Amendment H-1286 filed by Hogg of Linn on April 8, 2003.
Amendment H-1351 filed by Tymeson of Madison on April 16,
2003.
Amendment H-1360 filed by Hogg of Linn on April 16, 2003.

SENATE FILE 445 SUBSTITUTED FOR HOUSE FILE 663

Tymeson of Madison asked and received unanimous consent to
substitute Senate File 445 for House File 663.

Senate File 445, a bill for an act relating to the establishment of a
school infrastructure financing program by providing for the sharing
of revenues from local option sales and services taxes for school
infrastructure purposes and providing for the use of the revenues
from the local option tax for school infrastructure or property tax
relief purposes and including an effective date, was taken up for
consideration.

Wendt of Woodbury offered the following amendment H-1364 filed
by him and moved its adoption:

H-1364

1 Amend Senate File 445, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by inserting before line 1 the
4 following:
5 "Section 1. NEW SECTION. 298.2A PHYSICAL PLANT
6 AND EQUIPMENT LEVY STATE FUND - DISTRIBUTION.
7 1. A physical plant and equipment levy state fund
8 is created as a separate and distinct fund in the
9 state treasury under the control of the department of
10 education. Moneys in the fund include revenues
11 deposited into the fund pursuant to subsection 2,
12 appropriations made to the fund, and other moneys
13 deposited into the fund. Any moneys disbursed from
14 the fund shall be used as provided in section 298.3.
15 2. For the school budget year beginning July 1,
16 2004, and for each succeeding budget year, the county
17 treasurer shall remit to the department of education
18 for deposit into the physical plant and equipment levy
19 state fund the property tax revenues received from the
20 collection during the school budget year of the
21 regular physical plant and equipment levy.
22 3. The amount deposited in the physical plant and
23 equipment levy state fund in a budget year shall be
24 distributed as follows:
25 a. A school district that imposed during the
26 budget year beginning July 1, 2003, the regular
27 physical plant and equipment levy and that has an
28 infrastructure tax capacity per student above the
29 guaranteed school infrastructure amount shall receive
30 an amount equal to the amount raised by its regular
31 physical plant and equipment levy.
32 b. (1) A school district that imposed during the
33 budget year beginning July 1, 2003, the regular
34 physical plant and equipment levy and that has an
35 infrastructure tax capacity per student below its
36 guaranteed school infrastructure amount shall receive
37 an amount equal to the amount raised by its regular
38 physical plant and equipment levy plus an amount equal
39 to its supplemental school infrastructure amount.
40 (2) A school district that did not impose during
41 but imposed after the budget year beginning July 1,
42 2003, the regular physical plant and equipment levy
43 shall receive an amount equal to the amount raised by
44 the regular physical plant and equipment levy, not to
45 exceed its guaranteed school infrastructure amount.
46 However, if the amount raised is less than its
47 guaranteed school infrastructure amount, the district
48 shall receive an additional amount equal to its
49 supplemental school infrastructure amount.
50 (3) A school district that had not imposed during

Page 2

1 the prior budget year the regular physical plant and
2 equipment levy shall receive an amount equal to the
3 amount raised by the regular physical plant and
4 equipment levy not to exceed its guaranteed school
5 infrastructure amount. However, if the amount raised
6 is less than its guaranteed school infrastructure
7 amount, the district shall receive an additional
8 amount equal to its supplemental school infrastructure
9 amount.
10 (4) The amount distributed under this paragraph
11 "b" which a school district receives shall not exceed
12 the guaranteed school infrastructure amount. A school
13 district qualifying for a supplemental school
14 infrastructure amount pursuant to this paragraph "b"
15 shall not receive more than the guaranteed school
16 infrastructure amount in any subsequent year.
17 4. a. The department of education by June 1
18 preceding each budget year shall compute the
19 guaranteed school infrastructure amount for each
20 school district, each school district's infrastructure
21 tax capacity per student, the statewide tax revenues
22 per student, and the supplemental school
23 infrastructure amount for the coming budget year.
24 b. For purposes of distributions under subsection
25 2:
26 (1) "Guaranteed school infrastructure amount"
27 means for a school district the statewide tax revenues
28 per student, multiplied by the quotient of the regular
29 physical plant and equipment levy rate per thousand
30 dollars imposed in the school district, divided by
31 thirty-three cents per thousand dollars.
32 (2) "Infrastructure tax capacity per student"
33 means for a school district the estimated amount of
34 revenues that a school district receives or would
35 receive if the regular physical plant and equipment
36 levy of thirty-three cents per thousand dollars is
37 imposed divided by the school district's actual
38 enrollment as determined in section 257.6, subsection
39 1.
40 (3) "Statewide tax revenues per student" means the
41 amount determined by estimating the total revenues
42 that would be generated by a regular physical plant
43 and equipment levy of thirty-three cents per thousand
44 dollars if imposed by all the school districts during
45 the budget year and dividing this estimated revenue
46 amount by the sum of the combined actual enrollment
47 for all school districts as determined in section
48 257.6, subsection 1.
49 (4) "Supplemental school infrastructure amount"
50 means the guaranteed school infrastructure amount for

Page 3

1 the school district less the amount raised by its
2 regular physical plant and equipment levy.
3 5. In the case of a deficiency in the fund to pay
4 the supplemental school infrastructure amounts in
5 full, the amount available in the fund less the amount
6 raised by the regular levy attributed to each school
7 district should be allocated based on the proportion
8 of actual enrollment in the district to the combined
9 actual enrollment of the school districts that qualify
10 for the supplemental school infrastructure amount.
11 6. A school district with less than two hundred
12 fifty actual enrollment or less than one hundred
13 actual enrollment in the high school shall not expend
14 the supplemental school infrastructure amount received
15 for new construction or for payments for bonds issued
16 for new construction against the supplemental school
17 infrastructure amount without prior application to the
18 department of education and receipt of a certificate
19 of need pursuant to this subsection. However, a
20 certificate of need is not required for the payment of
21 outstanding bonds issued for new construction pursuant
22 to section 296.1, before April 1, 2003. A
23 certification of need is also not required for
24 repairing schoolhouses or buildings, equipment,
25 technology, or transportation equipment for
26 transporting students as provided in section 298.3, or
27 for construction necessary for compliance with the
28 federal Americans With Disabilities Act pursuant to 42
29 U.S.C. � 12101-12117. In determining whether a
30 certificate of need shall be issued, the department
31 shall consider all of the following:
32 a. Enrollment trends in the grades that will be
33 served at the new construction site.
34 b. The infeasibility of remodeling,
35 reconstructing, or repairing existing buildings.
36 c. The fire and health safety needs of the school
37 district.
38 d. The distance, convenience, cost of
39 transportation, and accessibility of the new
40 construction site to the students to be served at the
41 new construction site.
42 e. Availability of alternative, less costly, or
43 more effective means of serving the needs of the
44 students.
45 f. Any other criteria deemed appropriate as set by
46 rules of the state board of education.
47 7. This section does not apply to the collection
48 and distribution of any voter-approved physical plant
49 and equipment levy."
50 2. Title page, line 4, by inserting after the

Page 4

1 word "purposes" the following: "and the regular
2 physical plant and equipment levies".

A non-record roll call was requested.

The ayes were 37, nays 47.

Amendment H-1364 lost.

Huser of Polk asked and received unanimous consent that
amendment H-1438 be deferred.

Hogg of Linn offered the following amendment H-1376 filed by him
and moved its adoption:

H-1376

1 Amend Senate File 445, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 9, by striking the word and
4 figures "December 31, 2022" and inserting the
5 following: "June 30, 2013".
6 2. Page 4, line 30, by striking the word and
7 figures "December 31, 2022" and inserting the
8 following: "June 30, 2013".
9 3. Page 12, line 23, by striking the figure
10 "2023" and inserting the following: "2013".
11 4. Page 12, by inserting after line 24 the
12 following:
13 "Sec. . NEW SECTION. 422F.1 SCHOOL
14 MISCELLANEOUS INCOME FUND - STATE SALES TAX REVENUES.
15 1. A school miscellaneous income fund is created
16 as a separate and distinct fund in the state treasury
17 under the control of the department of revenue and
18 finance. Moneys in the fund include revenues
19 appropriated to the fund as provided in subsection 2
20 and other moneys deposited into or appropriated to the
21 fund.
22 2. For the fiscal year beginning July 1, 2013, and
23 for each subsequent fiscal year, there is appropriated
24 from the general fund of the state to the school
25 miscellaneous income fund an amount equal to the
26 amount raised during the fiscal year by a one percent
27 sales tax pursuant to chapter 422, division IV.
28 3. The moneys in the school miscellaneous income
29 fund shall be distributed during the fiscal year to
30 each school district on a per pupil basis. The amount
31 per pupil shall be determined by dividing the total

32 amount in the fund by the combined actual enrollment
33 for all school districts in the state. The actual
34 enrollment for each school district is the actual
35 enrollment figures reported by October 1 to the
36 department of management by the department of
37 education pursuant to section 257.6, subsection 1.
38 The combined actual enrollment count shall be
39 forwarded to the department of revenue and finance by
40 March 1, annually, for purposes of supplying estimated
41 tax payment figures and making estimated tax payments
42 pursuant to section 422F.2 for the following fiscal
43 year.
44 Sec. . NEW SECTION. 422F.2 DISTRIBUTION OF
45 FUND MONEYS.
46 1. The director of revenue and finance by August
47 15 of each fiscal year shall send to each school
48 district an estimate of the amount of moneys from the
49 school miscellaneous income fund each school district
50 will receive for the year and for each month of the

Page 2

1 year. At the end of each month, the director may
2 revise the estimates for the year and remaining
3 months.
4 2. The director shall remit ninety-five percent of
5 the estimated distributions for the school district to
6 the school district on or before August 31 of the
7 fiscal year and on or before the last day of each
8 following month.
9 3. The director shall remit a final payment of the
10 remainder of distributions due for the fiscal year
11 before November 10 of the next fiscal year. If an
12 overpayment has resulted during the previous fiscal
13 year, the November payment shall be adjusted to
14 reflect any overpayment.
15 4. Moneys received by a school district pursuant
16 to this chapter may be used for any educational
17 purposes for which the school district may spend
18 moneys.
19 Sec. . NEW SECTION. 422F.3 EFFECTIVE DATE.
20 This chapter takes effect January 1, 2013."
21 5. Title page, line 6, by inserting after the
22 word "purposes" the following:", and providing for
23 state sales tax revenues to be used for school
24 educational purposes,".

Amendment H-1376 lost.

Tymeson of Madison offered the following amendment H-1374 filed
by her and moved its adoption:

H-1374

1 Amend Senate File 445, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, line 22, by inserting after the word
4 "improvements" the following: "and those activities
5 for which revenues under section 298.3 or 300.2 may be
6 spent".

Amendment H-1374 was adopted.

Hogg of Linn offered the following amendment H-1377 filed by him
and moved its adoption:

H-1377

1 Amend Senate File 445, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. By striking page 5, line 34, through page 6,
4 line 4, and inserting following:
5 "e. The amount of tax receipts credited to the
6 account within the secure an advanced vision for
7 education fund maintained in the name of a school
8 district shall be distributed to that school district
9 as provided in paragraphs "a", "b", and "c". Any
10 additional moneys available to the school district
11 from the fund shall be determined and distributed as a
12 supplemental school infrastructure amount as provided
13 in section 422E.3A, subsection 3."
14 2. Page 6, line 25, by inserting after the word
15 "fund." the following: "Appropriations made to the
16 fund shall be credited to a separate appropriations
17 account."
18 3. By striking page 6, line 28 through page 10,
19 line 5 and inserting the following:
20 "2. a. For purposes of the distributions in
21 subsection 3, the department of education, in
22 consultation with the departments of management and
23 revenue and finance, shall compute by June 1 preceding
24 each budget year the income surtax capacity, property
25 tax infrastructure capacity, and sales tax capacity
26 for each school district in the state even if the
27 school district is not located in whole or in part in
28 a county that has imposed the local sales and services
29 tax for school infrastructure purposes under this
30 chapter.
31 (1) "Actual enrollment for a school district"

32 means the actual enrollment as reported by October 1
33 to the department of management by the department of
34 education pursuant to section 257.6, subsection 1.
35 (2) "Income surtax capacity" means the estimated
36 amount of revenues that a school district would
37 receive if an income surtax of twenty percent was
38 imposed on the individual income tax liability for the
39 preceding calendar year of individuals residing in the
40 school district divided by the school district's
41 actual enrollment.
42 (2) "Property tax infrastructure capacity" means
43 the sum of a school district's levies under sections
44 298.2 and 298.18 when the levies are imposed to the
45 maximum extent allowable under law in the budget year
46 on property located within the school district divided
47 by the school district's actual enrollment.
48 (3) "Sales tax capacity" means the estimated
49 amount of revenues that a school district receives or
50 would receive if a local sales and services tax for

Page 2

1 school infrastructure is imposed at one percent
2 pursuant to this chapter, divided by the school
3 district's actual enrollment.
4 (4) "Tax capacity inequity" means the difference
5 between the highest total tax capacity in the state
6 and a school district's total tax capacity.
7 (5) "Total tax capacity" means the sum of a school
8 district's income surtax capacity plus property tax
9 infrastructure capacity plus sales tax capacity.
10 3. The appropriations credited in a fiscal year to
11 the appropriations account of the secure an advanced
12 vision for education fund shall be distributed as a
13 supplemental school infrastructure amount as follows:
14 a. The department of education shall compute the
15 total tax capacity and the tax capacity inequity of
16 each school district located in the state.
17 b. The department of revenue and finance, in
18 conjunction with the department of education, shall
19 distribute a supplemental school infrastructure amount
20 to each school district that has a tax capacity
21 inequity. The amount of the supplemental school
22 infrastructure amount distributed shall be an equal
23 percentage of the tax capacity inequity to each of
24 such school districts multiplied by the actual
25 enrollment for each such school district. However, a
26 school district shall not receive more than its tax
27 capacity inequity amount multiplied by its actual
28 enrollment."

29 4. Page 11, line 16, by striking the words and
30 figure "2, paragraph "b"" and inserting the following:
31 "3".

Speaker Rants in the chair at 3:00 p.m.

A non-record roll call was requested.

The ayes were 43, nays 51.

Amendment H-1377 lost.

Huser of Polk asked and received unanimous consent to withdraw
amendment H-1438, previously deferred, filed by her from the floor.

Huser of Polk called up for consideration the motion to reconsider
the vote by which amendment H-1374 to Senate File 445 filed by her
from the floor, was adopted by the House.

A non-record roll call was requested.

The ayes were 31, nays 51.

The motion to reconsider lost.

SPECIAL PRESENTATION

Lukan of Dubuque introduced to the House the Honorable Joe Ertl
former state representative from Dubuque County.

The House rose and expressed its welcome.

Shoultz of Black Hawk offered the following amendment H-1445
filed by him from the floor and moved its adoption:

H-1445

1 Amend Senate File 445, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 12, by striking lines 25 and 26 and
4 inserting the following:
5 "Sec. . CONTINGENT EFFECTIVE DATE. This Act is
6 contingent upon and takes effect upon the date of the
7 enactment of an Act creating the Iowa values fund and

8 making an appropriation from that fund of $250,000,000
9 to the secure an advanced vision for education fund."

Amendment H-1445 lost.

Tymeson of Madison 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. 445)

The ayes were, 67:

Alons	Arnold	Baudler	Bell
Boggess	Bukta	Carroll	Chambers
Cohoon	Davitt	De Boef	Dennis
Dix	Dolecheck	Drake	Eichhorn
Freeman	Frevert	Gaskill	Gipp
Granzow	Greiner	Hahn	Hansen
Hanson	Heaton	Hoffman	Horbach
Huseman	Jacobs	Jenkins	Jones
Klemme	Kramer	Kuhn	Kurtenbach
Lalk	Lukan	Maddox	Manternach
Mertz	Miller	Olson, D.	Olson, S.
Osterhaus	Quirk	Raecker	Rasmussen
Rayhons	Reasoner	Roberts	Sands
Schickel	Smith	Struyk	Swaim
Thomas	Tjepkes	Tymeson	Upmeyer
Van Engelenhoven	Van Fossen, J.R.	Watts	Whitaker
Wilderdyke	Wise	Mr. Speaker
		Rants

The nays were, 32:

Berry	Boal	Connors	Dandekar
Elgin	Fallon	Foege	Ford
Greimann	Heddens	Hogg	Hunter
Huser	Hutter	Jochum	Lensing
Lykam	Mascher	McCarthy	Murphy
Myers	Oldson	Paulsen	Petersen
Shoultz	Stevens	Taylor, D.	Taylor, T.
Van Fossen, J.K.	Wendt	Whitead	Winckler

Absent or not voting and 1:

Boddicker

The bill having received a constitutional majority was declared to
have passed the House and the title 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 23, 2003, passed the following bill in which the concurrence of the Senate was
asked:

House File 650, a bill for an act relating to the assessment of a correctional fee by a
county or municipality, and to the prosecution of certain criminal offenses committed in
a municipality located in two or more counties.

Also: That the Senate has on April 23, 2003, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate is asked:

Senate File 354, a bill for an act implementing the federal Indian Child Welfare
Act.

Also: That the Senate has on April 23, 2003, concurred in the House amendment
and passed the following bill in which the concurrence of the Senate was asked:

Senate File 402, a bill for an act relating to the admissibility of prior criminal
offenses into evidence in the prosecution of certain sexual offenses.

Also: That the Senate has on April 23, 2003, passed the following bill in which the
concurrence of the Senate was asked:

Senate File 443, a bill for an act relating to criteria for community-based seed
capital funds and providing a retroactive applicability date.

MICHAEL E. MARSHALL, Secretary

HOUSE FILE 399 WITHDRAWN

Lukan of Dubuque asked and received unanimous consent to
withdraw House File 399 from further consideration by the House.

Speaker pro tempore Carroll in the chair at 4:30 p.m.

Unfinished Business Calendar

House File 598, a bill for an act relating to criminal sentencing by
permitting a conditional discharge, reclassifying certain felonies, and
reopening a sentence that requires a maximum accumulation of
earned time credits of fifteen percent of the total term of confinement,
and providing penalties, was taken up for consideration.

Maddox of Polk asked and received unanimous consent to
withdraw amendment H-1215 filed by him on April 1, 2003, placing
the following amendments out of order:

Amendment H-1263 filed by Jenkins of Black Hawk on April 3,
2003.
Amendment H-1265 filed by Heaton of Henry, et al., on April 3,
2003.
Amendment H-1266 filed by Swaim of Davis on April 3, 2003.
Amendment H-1267 filed by Swaim of Davis on April 3, 2003.
Amendment H-1268 filed by Baudler of Adair on April 3, 2003.
Amendment H-1269 filed by Swaim of Davis on April 3, 2003.
Amendment H-1270 filed by Swaim of Davis on April 3, 2003.

Maddox of Polk offered the following amendment H-1358 filed by
him and moved its adoption:

H-1358

1 Amend House File 598 as follows:
2 1. By striking everything after the enacting
3 clause and inserting the following:
4 "Section 1. Section 124.401, subsection 1,
5 paragraph a, unnumbered paragraph 1, Code 2003, is
6 amended to read as follows:
7 Violation of this subsection, with respect to the
8 following controlled substances, counterfeit
9 substances, or simulated controlled substances is a
10 class "B" felony, and notwithstanding section 902.9,
11 subsection 2, shall be punished by confinement for no
12 more than ~~fifty~~ thirty-five years and a fine of not
13 more than one million dollars:
14 Sec. 2. Section 124.401, subsection 1, paragraph
15 a, subparagraph (2), unnumbered paragraph 1, Code
16 2003, is amended to read as follows:
17 More than five ~~kilograms~~ hundred grams of a mixture
18 or substance containing a detectable amount of any of
19 the following:
20 Sec. 3. Section 124.401, subsection 1, paragraph
21 a, subparagraph (2), subparagraph subdivisions (d) and
22 (e), Code 2003, are amended by striking the
23 subparagraph subdivisions.
24 Sec. 4. Section 124.401, subsection 1, paragraph
25 a, Code 2003, is amended by adding the following new
26 subparagraph:
27 NEW SUBPARAGRAPH. (7) More than five kilograms of
28 a mixture or substance containing a detectable amount
29 of any of the following:

30 (a) Methamphetamine, its salts, isomers, or salts
31 of isomers.
32 (b) Amphetamine, its salts, isomers, and salts of
33 isomers.
34 (c) Any compound, mixture, or preparation which
35 contains any quantity of any of the substances
36 referred to in subparagraph subdivisions (a) and (b).
37 Sec. 5. Section 124.401, subsection 1, paragraph
38 b, subparagraph (2), unnumbered paragraph 1, Code
39 2003, is amended to read as follows:
40 More than ~~five~~ one hundred grams but not more than
41 five ~~kilograms~~ hundred grams of any of the following:
42 Sec. 6. Section 124.401, subsection 1, paragraph
43 b, subparagraph (3), Code 2003, is amended to read as
44 follows:
45 (3) More than ~~five~~ ten grams but not more than
46 fifty grams of a mixture or substance described in
47 subparagraph (2) which contains cocaine base.
48 Sec. 7. Section 124.401, subsection 1, paragraph
49 c, subparagraph (2), unnumbered paragraph 1, Code
50 2003, is amended to read as follows:

Page 2

1 ~~Five~~ One hundred grams or less of any of the
2 following:
3 Sec. 8. Section 124.401, subsection 1, paragraph
4 c, subparagraph (3), Code 2003, is amended to read as
5 follows:
6 (3) ~~Five~~ Ten grams or less of a mixture or
7 substance described in subparagraph (2) which contains
8 cocaine base.
9 Sec. 9. Section 124.413, unnumbered paragraph 1,
10 Code 2003, is amended to read as follows:
11 A person sentenced pursuant to section 124.401,
12 subsection 1, paragraph "a", "b", ~~"c",~~ "e", or "f",
13 shall not be eligible for parole until the person has
14 served a minimum period of confinement of one-third of
15 the maximum indeterminate sentence prescribed by law.
16 Sec. 10. Section 229A.8A, subsection 4, Code 2003,
17 is amended to read as follows:
18 4. For purposes of registering as a sex offender
19 under chapter 692A, a person placed in the
20 transitional release program shall be ~~classified a~~
21 ~~"high-risk" sex offender and~~ required to register and
22 public notification shall be as provided in section
23 ~~692A.13A, subsection 2~~ 692A.13. A committed person
24 who refuses to register as a sex offender is not
25 eligible for placement in a transitional release
26 program.
27 Sec. 11. Section 692A.2A, subsections 2 and 3,
28 Code 2003, are amended to read as follows:

29 2. A person shall not reside within ~~two~~ one
30 thousand three hundred twenty feet of the real
31 property comprising a public or nonpublic elementary
32 or secondary school or a child care facility.
33 3. A person who resides within ~~two~~ one thousand
34 three hundred twenty feet of the real property
35 comprising a public or nonpublic elementary or
36 secondary school, or a child care facility, commits an
37 aggravated misdemeanor.
38 Sec. 12. Section 692A.2A, subsection 4, unnumbered
39 paragraph 1, Code 2003, is amended to read as follows:
40 A person residing within ~~two~~ one thousand three
41 hundred twenty feet of the real property comprising a
42 public or nonpublic elementary or secondary school or
43 a child care facility does not commit a violation of
44 this section if any of the following apply:
45 Sec. 13. Section 692A.5, subsection 1, paragraph
46 h, Code 2003, is amended to read as follows:
47 h. Inform the person, if the person's residency is
48 restricted under section 692A.2A, that the person
49 shall not reside within ~~two~~ one thousand three hundred
50 twenty feet of the real property comprising a public

Page 3

1 or nonpublic elementary or secondary school, or a
2 child care facility.
3 Sec. 14. Section 692A.13, Code 2003, is amended by
4 striking the section and inserting in lieu thereof the
5 following:
6 692A.13 AVAILABILITY OF RECORDS.
7 1. The department may provide relevant information
8 from the sex offender registry to the following:
9 a. A criminal or juvenile justice agency, an
10 agency of the state, any sex offender registry of
11 another state, or the federal government.
12 b. The general public through the sex offender
13 registry's web page.
14 c. The single contact repository established
15 pursuant to section 135C.33, in accordance with the
16 rules adopted by the department.
17 2. A criminal or juvenile justice agency may
18 provide relevant information from the sex offender
19 registry to the following:
20 a. A criminal or juvenile justice agency, an
21 agency of the state, or any sex offender registry of
22 another state, or the federal government.
23 b. The general public, including public and
24 private agencies, organizations, public places, public
25 and private schools, child care facilities, religious
26 and youth organizations, neighbors, neighborhood
27 associations, community meetings, and employers.

28 Registry information may be distributed to the public
29 through printed materials, visual or audio press
30 releases, or through a criminal or juvenile justice
31 agency's web page.
32 3. Any member of the public may contact a county
33 sheriff's office or police department to request
34 relevant information from the registry regarding a
35 specific person required to register under this
36 chapter. The request for information shall be in
37 writing, and shall include the name of the person and
38 at least one of the following identifiers pertaining
39 to the person about whom the information is sought:
40 a. The date of birth of the person.
41 b. The social security number of the person.
42 c. The address of the person.
43 The request for information is a confidential
44 record under chapter 22 and is not subject to
45 dissemination.
46 4. A county sheriff shall also provide to any
47 person upon request access to a list of all
48 registrants in that county. However, records of a
49 person protected under 18 U.S.C. 3521 shall not be
50 disclosed.

Page 4

1 5. Relevant information provided to the general
2 public may include the offender's name, address, a
3 photograph, locations frequented by the offender,
4 relevant criminal history information from the
5 registry, and any other relevant information.
6 Relevant information provided to the public shall not
7 include the identity of any victim.
8 6. Notwithstanding sections 232.147 through
9 232.151, records concerning convictions which are
10 committed by a minor may be released in the same
11 manner as records of convictions of adults.
12 Sec. 15. Section 901.4, Code 2003, is amended to
13 read as follows:
14 901.4 PRESENTENCE INVESTIGATION REPORT
15 CONFIDENTIAL - DISTRIBUTION.
16 The presentence investigation report is
17 confidential and the court shall provide safeguards to
18 ensure its confidentiality, including but not limited
19 to sealing the report, which may be opened only by
20 further court order. At least three days prior to the
21 date set for sentencing, the court shall serve all of
22 the presentence investigation report upon the
23 defendant's attorney and the attorney for the state,
24 and the report shall remain confidential except upon
25 court order. However, the court may conceal the
26 identity of the person who provided confidential

27 information. The report of a medical examination or
28 psychological or psychiatric evaluation shall be made
29 available to the attorney for the state and to the
30 defendant upon request. The reports are part of the
31 record but shall be sealed and opened only on order of
32 the court. If the defendant is committed to the
33 custody of the Iowa department of corrections and is
34 not a class "A" felon, a copy of the presentence
35 investigation report shall be forwarded to the
36 director with the order of commitment by the clerk of
37 the district court and to the board of parole at the
38 time of commitment. The presentence investigation
39 report may also be released by the department of
40 corrections or a judicial district department of
41 correctional services pursuant to section 904.602 to
42 another jurisdiction for the purpose of providing
43 interstate probation and parole compact services or
44 evaluations. The defendant or the defendant's
45 attorney may file with the presentence investigation
46 report, a denial or refutation of the allegations, or
47 both, contained in the report. The denial or
48 refutation shall be included in the report. If the
49 person is sentenced for an offense which requires
50 registration under chapter 692A, the court shall

Page 5

1 release the report to the department ~~which is~~
2 ~~responsible under section 692A.13A for performing the~~
3 ~~assessment of risk~~ of public safety.
4 Sec. 16. Section 901.5, subsection 13, Code 2003,
5 is amended by striking the subsection.
6 Sec. 17. NEW SECTION. 901.5B REOPENING OF
7 SENTENCE FOR PERSONS SERVING SENTENCE SUBJECT TO
8 MAXIMUM ACCUMULATION OF EARNED TIME OF FIFTEEN
9 PERCENT.
10 1. A defendant serving a sentence under section
11 902.12 prior to the effective date of this Act, who is
12 sentenced by the court to the custody of the director
13 of the department of corrections, may have the
14 judgment and sentence reopened for resentencing if all
15 of the following apply:
16 a. The county attorney from the county which
17 prosecuted the defendant files a motion in the
18 sentencing court to reopen the sentence of the
19 defendant. The county attorney shall notify the
20 victim pursuant to section 915.13 of the filing of the
21 motion. The motion shall specify that the county
22 attorney has informed the victim about the filing of
23 the motion, and that the victim has thirty days from
24 the date of the filing of the motion to file a written
25 objection with the court.

26 b. No written objection is filed or if a written
27 objection is filed, and upon hearing the court grants
28 the motion.
29 2. Upon the court granting the motion to reopen
30 the sentence, the court shall order that the defendant
31 be eligible for consideration of parole or work
32 release in the same manner as a defendant serving a
33 sentence under section 902.12.
34 3. For purposes of calculating earned time under
35 section 903A.2, the sentencing date for a defendant
36 whose sentence has been reopened under this section
37 shall be the date of the original sentencing order.
38 4. The filing of a motion or reopening of a
39 sentence under this section shall not constitute
40 grounds to stay any other court proceedings, or to
41 toll or restart the time for filing of any posttrial
42 motion or any appeal.
43 Sec. 18. Section 902.11, unnumbered paragraph 1,
44 Code 2003, is amended to read as follows:
45 A person serving a sentence for conviction of a
46 felony~~, other than a forcible felony under section~~
47 ~~902.12~~, who has a criminal record of one or more prior
48 convictions for a forcible felony or a crime of a
49 similar gravity in this or any other state, shall be
50 denied parole or work release unless the person has

Page 6

1 served at least one-half of the maximum term of the
2 defendant's sentence. However, the mandatory sentence
3 provided for by this section does not apply if either
4 of the following apply:
5 Sec. 19. Section 902.12, unnumbered paragraph 1,
6 Code 2003, is amended to read as follows:
7 ~~Except as otherwise provided in section 903A.2, a~~ A
8 person serving a sentence for conviction of the
9 following ~~forcible~~ felonies shall ~~serve one hundred~~
10 ~~percent of the maximum term of the person's sentence~~
11 ~~and shall not be released on~~ be denied parole or work
12 release unless the person has served at least seven-
13 tenths of the maximum term of the person's sentence:
14 Sec. 20. Section 902.12, subsection 5, unnumbered
15 paragraph 2, Code 2003, is amended to read as follows:
16 ~~Except as otherwise provided in section 903A.2, a~~
17 ~~person serving a sentence for conviction under~~
18 6. Vehicular homicide in violation of section
19 707.6A, subsection 1 or 2, ~~shall serve one hundred~~
20 ~~percent of the maximum term of the person's sentence~~
21 ~~and shall not be released on parole or work release~~ if
22 the person was also convicted under section 321.261,
23 subsection 3, based on the same facts or event that
24 resulted in the conviction under section 707.6A,

25 subsection 1 or 2.
26 Sec. 21. Section 903.4, Code 2003, is amended to
27 read as follows:
28 903.4 PROVIDING PLACE OF CONFINEMENT.
29 All persons sentenced to confinement for a period
30 of one year or less shall be confined in a place to be
31 furnished by the county where the conviction was had
32 unless the person is presently committed to the
33 custody of the director of the Iowa department of
34 corrections, in which case the provisions of section
35 901.8 apply~~, or unless the person is serving a~~
36 ~~determinate term of confinement of one year pursuant~~
37 ~~to section 902.3A~~. All persons sentenced to
38 confinement for a period of more than one year shall
39 be committed to the custody of the director of the
40 Iowa department of corrections to be confined in a
41 place to be designated by the director and the cost of
42 the confinement shall be borne by the state. The
43 director may contract with local governmental units
44 for the use of detention or correctional facilities
45 maintained by the units for the confinement of such
46 persons.
47 Sec. 22. Section 905.6, Code 2003, is amended by
48 adding the following new subsection:
49 NEW SUBSECTION. 9. Notify the board of parole,
50 thirty days prior to release, of the release from a

Page 7

1 residential facility operated by the district
2 department of a person serving a sentence under
3 section 902.12.
4 Sec. 23. NEW SECTION. 905.11 RESIDENTIAL
5 FACILITY RESIDENCY - MINIMUM.
6 A person who is serving a sentence under section
7 902.12, the maximum term of which exceeds ten years,
8 and who is released on parole or work release shall
9 reside in a residential facility operated by the
10 district department for a period of not less than one
11 year.
12 Sec. 24. Section 906.4, Code 2003, is amended by
13 adding the following new unnumbered paragraph after
14 unnumbered paragraph 1:
15 NEW UNNUMBERED PARAGRAPH. A person on parole or
16 work release who is serving a sentence under section
17 902.12 shall begin parole or work release in a
18 residential facility operated by a judicial district
19 department of correctional services.
20 Sec. 25. Section 907.3, subsection 1, paragraph m,
21 Code 2003, is amended by striking the paragraph.
22 Sec. 26. Section 907.3, subsection 2, paragraph g,
23 Code 2003, is amended by striking the paragraph.

24 Sec. 27. Section 907.3, subsection 3, paragraph g,
25 Code 2003, is amended by striking the paragraph.
26 Sec. 28. Section 915.13, subsection 1, Code 2003,
27 is amended by adding the following new paragraph:
28 NEW PARAGRAPH. h. The filing of a motion to
29 reopen a sentence of a defendant pursuant to section
30 901.5B. Notwithstanding section 915.10, the notice
31 shall be served by certified mail. Notice shall
32 include the scheduled date, time, and place of any
33 hearing to reopen a sentence and that the victim has
34 thirty days from the date of the service of the motion
35 to file a written objection with the court.
36 Sec. 29. Sections 692A.13A and 902.3A, Code 2003,
37 are repealed.
38 Sec. 30. APPLICABILITY OF AVAILABLE RECORDS IN THE
39 SEX OFFENDER REGISTRY. Section 692A.13, as amended by
40 this Act, shall apply retroactively to all offenders
41 on the registry.
42 Sec. 31. EFFECTIVE DATE. The section of this Act
43 amending section 692A.13, being deemed of immediate
44 importance, takes effect upon enactment."
45 2. Title page, by striking lines 1 through 5 and
46 inserting the following: "An Act relating to the
47 criminal sentencing and procedure by modifying the
48 penalties for certain offenses related to controlled
49 substances, modifying dissemination of sex offender
50 registry information and residence restrictions for a

Page 8

1 sex offender, repealing certain determinate sentences,
2 changing the parole and work release eligibility of a
3 person serving a sentence that requires a maximum
4 accumulation of earned time credits of fifteen percent
5 of the total term of confinement and by permitting the
6 reopening of such a sentence, providing a penalty, and
7 providing an effective date."

Amendment H-1358 was adopted.

SENATE FILE 422 SUBSTITUTED FOR HOUSE FILE 598

Maddox of Polk asked and received unanimous consent to
substitute Senate File 422 for House File 598.

Senate File 422, a bill for an act relating to the criminal
sentencing and procedure by modifying the penalties for certain
offenses related to controlled substances, modifying dissemination of
sex offender registry information and residence restrictions for a sex

offender, repealing certain determinate sentences, changing the
parole and work release eligibility of a person serving a sentence that
requires a maximum accumulation of earned time credits of fifteen
percent of the total term of confinement and by permitting the
reopening of such a sentence, providing a penalty, and providing an
effective date, was taken up for consideration.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Boddicker of Cedar on request of Gipp of Winneshiek.

Maddox of Polk offered amendment H-1357 filed by him as follows:

H-1357

1 Amend Senate File 422, as amended, passed, and
2 reprinted by the Senate, as follows:
3 1. Page 1, by striking lines 1 through 9.
4 2. By striking page 2, line 13, through page 6,
5 line 3.
6 3. By striking page 6, line 6, through page 7,
7 line 31.
8 4. Page 8, by striking lines 15 through 34.
9 5. Page 9, by striking lines 6 through 14.
10 6. Page 9, by striking line 15, and inserting the
11 following:
12 "Sec. . Section 902.3A, Code 2003, is".
13 7. Page 9, by striking lines 17 through 22.
14 8. Title page, by striking lines 3 through 10 and
15 inserting the following: "controlled substances and
16 repealing certain determinate sentences."
17 9. By renumbering as necessary.

Baudler of Adair offered amendment H-1381, to amendment H-
1357, as follows:

H-1381

1 Amend the amendment, H-1357, to Senate File 422, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 2 the
5 following:
6 " . Page 1, by inserting before line 1 the
7 following:
8 "Sec. . Section 124.212, subsection 5,

9 unnumbered paragraph 1, Code 2003, is amended to read
10 as follows:
11 Unless specifically excepted in paragraph "b" or
12 ~~"c"~~, or listed in another schedule, any material,
13 compound, mixture, or preparation which contains any
14 quantity of the following substance, including its
15 salts, optical isomers, and salts of such optical
16 isomers:
17 Sec. . Section 124.212, subsection 5, Code
18 2003, is amended by adding the following new paragraph
19 after paragraph a:
20 NEW PARAGRAPH. aa. Any dietary supplement if the
21 dietary supplement is a naturally occurring ephedrine
22 alkaloid or associated salts, isomers, salts of
23 isomers, or a combination of these substances that are
24 contained in a matrix of organic material.
25 Sec. . Section 124.212, subsection 5, paragraph
26 c, Code 2003, is amended by striking the paragraph.""
27 2. Page 1, line 15, by striking the word "and"
28 and inserting the following: ", modifying schedule V
29 controlled substances, and".

Fallon of Polk rose on a point of order that amendment H-1381
was not germane, to amendment H-1357.

The Speaker ruled the point well taken and amendment H-1381
not germane to amendment H-1357.

Fallon of Polk offered the following amendment H-1405, to
amendment H-1357, filed by him and moved its adoption:

H-1405

1 Amend the amendment, H-1357, to Senate File 422, as
2 amended, passed, and reprinted by the Senate as
3 follows:
4 1. Page 1, by inserting after line 3 the
5 following:
6 " . Page 1, line 13, by striking the words
7 "five ~~kilograms~~ hundred grams" and inserting the
8 following: "~~five kilograms~~ one kilogram".
9 . Page 1, by inserting after line 18 the
10 following:
11 "Sec. . Section 124.401, subsection 1,
12 paragraph a, subparagraph (3), Code 2003, is amended
13 to read as follows:
14 (3) More than ~~fifty~~ one hundred grams of a mixture
15 or substance described in subparagraph (2) which
16 contains cocaine base."
17 . Page 1, lines 33 and 34, by striking the

18 words "five ~~kilograms~~ hundred grams" and inserting the
19 following: "~~five kilograms~~ one kilogram".
20 . Page 2, line 2, by striking the word "fifty"
21 and inserting the following: "~~fifty~~ one hundred"."
22 2. By renumbering as necessary.

Amendment H-1405 lost.

Heaton of Henry offered amendment H-1437, to amendment H-
1357, filed by Heaton, Horbach of Tama and Shoultz of Black Hawk,
from the floor as follows:

H-1437

1 Amend the amendment, H-1357, to Senate File 422, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 3 the
5 following:
6 " . Page 2, by inserting after line 12, the
7 following:
8 "Sec. . NEW SECTION. 321J.2C PERSONS FOUND
9 NOT GUILTY.
10 1. Notwithstanding any other provision of this
11 chapter to the contrary, if any prosecution for a
12 violation of section 321J.2 or 321J.2A does not result
13 in a conviction, and the defendant's driver's license
14 or nonresident operating privilege has been revoked
15 under section 321J.12 for the occurrence from which
16 the arrest arose, the department shall, upon receipt
17 of the court order finding the defendant not guilty,
18 immediately rescind the revocation order and reinstate
19 the defendant's license.
20 2. Notwithstanding section 321.12 or any other
21 provision of chapter 321 or 321J to the contrary, the
22 director shall immediately destroy any operating
23 records pertaining to a revocation under section
24 321J.12 for the occurrence from which an arrest arose
25 when the defendant was subsequently prosecuted and
26 found not guilty upon receipt of the court order
27 finding the defendant not guilty.""
28 2. Page 1, by inserting after line 13 the
29 following:
30 " . Title page, line 1, by inserting before the
31 word "procedure" the following: "administrative"."
32 3. Page 1, line 15 by inserting after the word
33 "substances" the following: ", by reinstating a
34 driver's license upon a finding of not guilty in an
35 operating-while-intoxicated offense,".
Baudler of Adair rose on a point of order that amendment H-1437

was not germane, to amendment H-1357.

The Speaker ruled the point well taken and amendment H-1437
not germane, to amendment H-1357.

Heaton of Henry moved to suspend the rules to consider
amendment H-1437.

A non-record roll call was requested.

The ayes were 52, nays 38.

The motion to suspend the rules prevailed.

Heaton of Henry moved the adoption of amendment H-1437 to
amendment H-1357.

A non-record roll call was requested.

The ayes were 53, nays 38.

Amendment H-1437 was adopted.

Swaim of Davis asked and received unanimous consent to
withdraw amendment H-1434 to amendment H-1357 filed by him
from the floor.

Maddox of Polk offered the following amendment H-1409, to
amendment H-1357, filed by him from the floor and moved its
adoption:

H-1409

1 Amend the amendment, H-1357, to Senate File 422, as
2 amended, passed, and reprinted by the Senate as
3 follows:
4 1. Page 1, by inserting after line 5, the
5 following:
6 " . Page 6, line 10, by striking the words
7 "prior to the effective date of this Act,".
8 . Page 6, line 24, by striking the word "Upon"
9 and inserting the following: "Notwithstanding section

10 902.12, upon".

11 . Page 6, lines 26 and 27, by striking the
12 words "in the same manner as a defendant serving a
13 sentence under section 902.12".
14 . Page 6, line 31, by inserting after the word
15 "order" the following: ", and the reopening of the
16 sentence does not change the manner in which earned
17 time is calculated pursuant to section 903A.2"."
18 2. Page 1, by striking lines 6 and 7, and
19 inserting the following:
20 " . Page 7, by striking lines 1 through 31."
21 3. Page 1, by striking line 9.
22 4. Page 1, line 15, by inserting after the word
23 "substances" the following: "by permitting the
24 reopening of certain sentences,".

Amendment H-1409 was adopted.

Maddox of Polk offered the following amendment H-1441, to
amendment H-1357, filed by him from the floor and moved its
adoption:

H-1441

1 Amend the amendment, H-1357, to Senate File 422, as
2 amended, passed, and reprinted by the Senate, as
3 follows:
4 1. Page 1, by inserting after line 9 the
5 following:
6 " . Page 9, by inserting before line 15, the
7 following:
8 "Sec. . Section 915.14, Code 2003, is amended
9 to read as follows:
10 915.14 NOTIFICATION BY CLERK OF THE DISTRICT
11 COURT.
12 The clerk of the district court shall notify a
13 registered victim of all dispositional orders of the
14 case in which the victim was involved and may advise
15 the victim of any other orders regarding custody or
16 confinement. If a motion to reopen the sentence has
17 been filed pursuant to section 901.5B, the clerk of
18 the district court shall notify a registered victim of
19 the case in which the victim was involved. The notice
20 shall include the scheduled date, time, and place of
21 the hearing, and the clerk shall notify the victim of
22 a cancellation or postponement of any hearing
23 regarding the motion to reopen.""
24 2. By renumbering as necessary.

Amendment H-1441 was adopted.

On motion by Maddox of Polk, amendment H-1357, as amended,
was adopted.

Speaker Rants in the chair at 6:32 p.m.

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

On the question "Shall the bill pass?" (S.F. 422)

The ayes were, 72:

Arnold	Berry	Boal	Boggess
Bukta	Carroll	Cohoon	Connors
De Boef	Dennis	Dix	Drake
Elgin	Foege	Ford	Freeman
Frevert	Gipp	Granzow	Greimann
Greiner	Hahn	Hansen	Hanson
Heaton	Heddens	Hoffman	Hogg
Horbach	Hunter	Huseman	Jacobs
Jenkins	Jochum	Jones	Klemme
Kramer	Kuhn	Kurtenbach	Lalk
Lensing	Lukan	Lykam	Maddox
Manternach	Mascher	Miller	Murphy
Myers	Oldson	Olson, S.	Osterhaus
Petersen	Quirk	Raecker	Rasmussen
Roberts	Sands	Shoultz	Smith
Swaim	Taylor, D.	Taylor, T.	Thomas
Upmeyer	Watts	Wendt	Whitead
Wilderdyke	Winckler	Wise	Mr. Speaker
			Rants

The nays were, 26:

Alons	Baudler	Bell	Chambers
Dandekar	Davitt	Dolecheck	Eichhorn
Fallon	Gaskill	Huser	Hutter
McCarthy	Mertz	Olson, D.	Paulsen
Rayhons	Reasoner	Schickel	Stevens
Struyk	Tjepkes	Tymeson	Van Fossen, J.K.
Van Fossen, J.R.	Whitaker

Absent or not voting, 2:

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

SENATE MESSAGE CONSIDERED

Senate File 443, by committee on ways and means, a bill for an
act relating to criteria for community-based seed capital funds and
providing a retroactive applicability date.

Read first time and referred to committee on ways and means.

IMMEDIATE MESSAGE

Gipp of Winneshiek asked and received unanimous consent that
Senate File 422 be immediately messaged to the Senate.

Appropriations Calendar

House File 672, a bill for an act relating to the regulation of adult
day services, providing for appropriations and penalties, and
providing an effective date, was taken up for consideration.

Upmeyer of Hancock offered the following amendment H-1408
filed by her from the floor and moved its adoption:

H-1408

1 Amend House File 672 as follows:
2 1. Page 1, by inserting after line 9, the
3 following:
4 " . "Department" means the department of elder
5 affairs created in chapter 231."
6 2. Page 1, by striking lines 19 through 21.
7 3. Page 1, by striking lines 23 through 28, and
8 inserting the following: "recognized accrediting
9 entity that the department recognizes as having
10 specific adult day services program standards
11 equivalent to the standards established by the
12 department for adult day services."
13 4. Page 2, by striking line 7, and inserting the
14 following: "appeals".
15 5. Page 2, by striking lines 9 and 10, and
16 inserting the following:
17 "3. The department shall establish, by".
18 6. Page 2, by striking lines 13 through 15, and
19 inserting the following: "related to adult day
20 services programs. The department, in establishing

21 standards for adult".
22 7. Page 2, line 20, by inserting after the word
23 "with" the following: "the department of inspections
24 and appeals and".
25 8. Page 2, by striking lines 24 through 26, and
26 inserting the following: "adult day services
27 programs, the department in consultation with the
28 department of inspections and appeals and affected
29 industry, professional, and".
30 9. Page 2, by striking lines 31 and 32, and
31 inserting the following:
32 "5. The department may establish by".
33 10. Page 3, by striking lines 14 through 16, and
34 inserting the following: "comply with the rules
35 adopted by the department for an adult day services
36 program."
37 11. Page 4, line 1, by striking the words
38 "political subdivision" and inserting the following:
39 "governmental unit".
40 12. Page 4, by striking lines 7 and 8, and
41 inserting the following:
42 "5. The department shall adopt rules".
43 13. Page 4, line 13, by inserting after the word
44 "with" the following: "the department of inspections
45 and appeals and".
46 14. By striking page 4, line 24 through page 5,
47 line 7 and inserting the following:
48 "2. a. The department of inspections and appeals
49 shall collect adult day services certification fees.
50 The fees shall be deposited in the general fund of the

Page 2

1 state.
2 b. The following certification and related fees
3 shall apply to adult day services programs:
4 (1) For a two-year initial certification, seven
5 hundred fifty dollars.
6 (2) For a two-year recertification, one thousand
7 dollars.
8 (3) For a blueprint review, nine hundred dollars.
9 (4) For an optional preliminary plan review, five
10 hundred dollars."
11 15. Page 8, line 8, by striking the words "of
12 elder affairs".
13 16. Page 10, line 26, by inserting after the word
14 "the" the following: "department of elder affairs and
15 the".
16 17. Page 11, by striking lines 11 through 23, and
17 inserting the following: "fire marshal shall be
18 deposited in the general fund of the state."
19 18. Title page, line 2, by striking the words

20 "appropriations and".
21 19. By renumbering as necessary.

Amendment H-1408 was adopted.

Upmeyer of Hancock 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. 672)

The ayes were, 97:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boggess	Bukta
Carroll	Chambers	Cohoon	Connors
Dandekar	Davitt	De Boef	Dennis
Dix	Dolecheck	Drake	Eichhorn
Elgin	Fallon	Foege	Ford
Freeman	Frevert	Gaskill	Gipp
Granzow	Greimann	Greiner	Hahn
Hanson	Heaton	Heddens	Hoffman
Hogg	Horbach	Hunter	Huseman
Huser	Hutter	Jacobs	Jenkins
Jochum	Jones	Klemme	Kramer
Kuhn	Kurtenbach	Lalk	Lensing
Lukan	Lykam	Maddox	Manternach
Mascher	McCarthy	Mertz	Miller
Murphy	Myers	Oldson	Olson, D.
Olson, S.	Osterhaus	Paulsen	Petersen
Quirk	Raecker	Rasmussen	Rayhons
Reasoner	Roberts	Sands	Schickel
Shoultz	Smith	Stevens	Struyk
Swaim	Taylor, D.	Taylor, T.	Thomas
Tjepkes	Tymeson	Upmeyer	Van Fossen, J.K.
Van Fossen, J.R.	Watts	Wendt	Whitaker
Whitead	Wilderdyke	Winckler	Wise
Mr. Speaker
Rants

The nays were, none.

Absent or not voting, 3:

Boddicker	Hansen	Van Engelenhoven

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

HOUSE FILE 596 WITHDRAWN

Upmeyer of Hancock asked and received unanimous consent to
withdraw House File 596 from further consideration by the House.

Ways and Means Calendar

House File 668, a bill for an act creating a university-based
research utilization program, providing tax credits, and making
appropriations, was taken up for consideration.

Jenkins of Black Hawk offered the amendment H-1400 filed by
him as follows:

H-1400

1 Amend House File 668 as follows:
2 1. Page 1, line 33, by inserting after the word
3 "department." the following: "The plan shall include
4 information concerning the applicant's Iowa employment
5 goals and projected impact on the Iowa economy. The
6 department shall only approve plans showing sufficient
7 potential impact on Iowa employment and economic
8 development."
9 2. Page 1, by inserting after line 35 the
10 following:
11 "d. The applicant provides annual reports to the
12 department that include employment statistics for the
13 applicant and the total taxable wages paid to Iowa
14 employees and reported to the department of revenue
15 and finance pursuant to section 422.16."
16 3. By striking page 2, line 34, through page 3,
17 line 14, and inserting the following:
18 "a. Review the information provided by the
19 department of revenue and finance pursuant to this
20 subsection and the annual report submitted by the
21 applicant pursuant to subsection 2, paragraph "d". If
22 the department determines that the business activities
23 of the applicant are not providing the benefits to
24 Iowa employment and economic development projected in
25 the applicant's approved five-year business plan, the
26 department shall not issue tax credit certificates for
27 that year to the applicant or university employee and
28 shall determine any related university share to be
29 equal to zero for that year.
30 b. Effective for the fiscal year beginning July 1,
31 2004, and for subsequent fiscal years, issue a tax
32 credit certificate to the approved business and the
33 university employee responsible for the development of
34 the technology utilized by the approved business in an
35 amount determined pursuant to subsection 5."

36 4. Page 3, line 15, by striking the letter "b."
37 and inserting the following: "c."
38 5. Page 3, line 19, by inserting after the word
39 "developed." the following: "A university share shall
40 not exceed two hundred twenty-five thousand dollars
41 per year per technology utilized. For each technology
42 utilized, the aggregate university share over a five-
43 year period shall not exceed six hundred thousand
44 dollars."
45 6. Page 3, line 32, by inserting after the word
46 "business." the following: "The value of a
47 certificate issued to an approved business shall not
48 exceed two hundred twenty-five thousand dollars. The
49 total aggregate value of certificates issued over a
50 five-year period to an approved business shall not

Page 2

1 exceed six hundred thousand dollars."
2 7. Page 4, line 6, by inserting after the word
3 "technology." the following: "Each year, the total
4 value of a certificate or certificates issued for a
5 utilized technology shall not exceed seventy-five
6 thousand dollars. For each technology utilized, the
7 total aggregate value of certificates issued over a
8 five-year period to the university employee
9 responsible for the development of the technology
10 shall not exceed two hundred thousand dollars."

Jenkins of Black Hawk offered the following amendment H-1410,
to amendment H-1400, filed by him from the floor and moved its
adoption:

H-1410

1 Amend the amendment, H-1400, to House File 668 as
2 follows:
3 1. Page 1, line 35, by inserting after the figure
4 "5." the following: "A tax credit certificate shall
5 contain the taxpayer's name, address, tax
6 identification number, the amount of the tax credit,
7 and other information required by the department of
8 revenue and finance."

Amendment H-1410 was adopted.

Hogg of Linn offered the following amendment H-1436, to
amendment H-1400, filed by him from the floor and moved its
adoption:
H-1436

1 Amend the amendment, H-1400, to House File 668 as
2 follows:
3 1. Page 1, by inserting after line 44 the
4 following:
5 " . Page 3, by inserting after line 25 the
6 following:
7 "c. For the fiscal year beginning July 1, 2004,
8 not more than two million dollars worth of
9 certificates shall be issued pursuant to paragraph
10 "b". For the fiscal year beginning July 1, 2005, and
11 every fiscal year thereafter, not more than ten
12 million dollars worth of certificates shall be issued
13 pursuant to paragraph "b".""

Amendment H-1436 was adopted.

On motion by Jenkins of Black Hawk amendment H-1400, as
amended, was adopted placing out of order amendment H-1435 filed
by Hogg of Linn from the floor.

Lukan of Dubuque 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. 668)

The ayes were, 94:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boggess	Bukta
Carroll	Chambers	Cohoon	Connors
Dandekar	Davitt	De Boef	Dennis
Dix	Dolecheck	Drake	Eichhorn
Elgin	Ford	Freeman	Frevert
Gaskill	Gipp	Granzow	Greimann
Greiner	Hahn	Hanson	Heaton
Heddens	Hoffman	Hogg	Horbach
Hunter	Huseman	Huser	Hutter
Jacobs	Jenkins	Jochum	Jones
Klemme	Kramer	Kuhn	Kurtenbach
Lalk	Lensing	Lukan	Lykam
Maddox	Manternach	Mascher	McCarthy
Mertz	Miller	Murphy	Myers
Oldson	Olson, D.	Olson, S.	Osterhaus
Paulsen	Petersen	Quirk	Raecker
Rasmussen	Rayhons	Reasoner	Roberts
Sands	Schickel	Shoultz	Smith
Struyk	Swaim	Taylor, D.	Taylor, T.
Thomas	Tjepkes	Tymeson	Upmeyer
Van Fossen, J.K.	Van Fossen, J.R.	Watts	Wendt
Whitaker	Whitead	Wilderdyke	Winckler
Wise	Mr. Speaker
	Rants

The nays were, 1:

Fallon

Absent or not voting, 5:

Boddicker	Foege	Hansen	Stevens
Van Engelenhoven

The bill having received a constitutional majority was declared to
have passed the House and the title 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 23, 2003, passed the following bill in which the concurrence of the Senate was
asked:

House File 225, a bill for an act modifying workers' compensation laws and
providing an effective date.

Also: That the Senate has on April 23, 2003, passed the following bill in which the
concurrence of the House is asked:

Senate File 451, a bill for an act providing for the jurisdiction and funding of roads
by transferring funding for and jurisdiction of certain primary and farm-to-market
roads, modifying the procedure for classification of area service "C" roads, and
establishing a street construction fund distribution advisory committee, and making
appropriations.

MICHAEL E. MARSHALL, Secretary

Ways and Means Calendar

House File 687, a bill for an act providing a sales and use tax
exemption for soy-based railroad rail lubricants, was taken up for
consideration.

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

On the question "Shall the bill pass?" (H.F. 687)

The ayes were, 89:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boggess	Bukta
Carroll	Chambers	Cohoon	Dandekar
Davitt	De Boef	Dennis	Dix
Dolecheck	Drake	Eichhorn	Elgin
Ford	Freeman	Frevert	Gipp
Granzow	Greimann	Greiner	Hahn
Hanson	Heaton	Heddens	Hoffman
Hogg	Horbach	Huseman	Huser
Hutter	Jacobs	Jenkins	Jochum
Jones	Klemme	Kramer	Kuhn
Kurtenbach	Lalk	Lensing	Lukan
Lykam	Maddox	Manternach	Mascher
McCarthy	Mertz	Miller	Myers
Oldson	Olson, D.	Olson, S.	Osterhaus
Paulsen	Petersen	Quirk	Raecker
Rasmussen	Rayhons	Reasoner	Roberts
Sands	Schickel	Shoultz	Smith
Stevens	Struyk	Swaim	Thomas
Tjepkes	Tymeson	Upmeyer	Van Fossen, J.K.
Van Fossen, J.R.	Watts	Wendt	Whitaker
Whitead	Wilderdyke	Winckler	Wise
Mr. Speaker
Rants

The nays were, 7:

Connors	Fallon	Gaskill	Hunter
Murphy	Taylor, D.	Taylor, T.

Absent or not voting, 4:

Boddicker	Foege	Hansen	Van Engelenhoven

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

HOUSE FILE 645 WITHDRAWN

Drake of Pottawattamie asked and received unanimous consent to
withdraw House File 645 from further consideration by the House.

HOUSE FILES 262, 571 and 663 WITHDRAWN

Tymeson of Madison asked and received unanimous consent to
withdraw House Files 262, 571 and 663 from further consideration by
the House.

SENATE AMENDMENT CONSIDERED

Heaton of Henry called up for consideration House File 560, a
bill for an act relating to medical assistance home and community-
based services waivers, amended by the Senate, and moved that the
House concur in the following Senate amendment H-1368:

H-1368

1 Amend House File 560, as amended, passed, and
2 reprinted by the House, as follows:
3 1. Page 1, by striking lines 3 through 10, and
4 inserting the following:
5 "NEW SUBSECTION. 6. a. Effective July 1, 2003,
6 the provisions of the home and community-based
7 services waiver for persons with mental retardation
8 shall include adult day care, prevocational, and
9 transportation services. Transportation shall be
10 included as a separately payable service.
11 b. The department of human services shall seek
12 federal approval to amend the home and community-based
13 services waiver for persons with mental retardation to
14 include day habilitation services. Inclusion of day
15 habilitation services in the waiver shall take effect
16 upon receipt of federal approval and no later than
17 July 1, 2004.
18 c. The person's county of legal settlement shall
19 pay for the nonfederal share of the cost of services
20 provided under the waiver and the state shall pay for
21 the nonfederal share of such costs if the person does
22 not have a county of legal settlement."
23 2. Page 1, by inserting after line 23, the
24 following:
25 "Sec. . REIMBURSEMENT - REVIEW - RATE
26 LIMITATIONS.
27 1. The department of human services shall review
28 the reimbursement methodology for the home and
29 community-based services waiver for persons with
30 mental retardation under the medical assistance
31 program in relationship to the goals and objectives of
32 the mental health and developmental disability
33 services system redesign being conducted by the mental
34 health and developmental disabilities commission. The

35 department shall submit a report of the findings of
36 the review and recommendations to the general assembly
37 by July 1, 2004.
38 2. For the fiscal year beginning July 1, 2003, the
39 department of human services in cooperation with the
40 Iowa state association of counties and the Iowa
41 association of community providers shall establish
42 payment rate limitations for the services provided
43 under the home and community-based services waiver for
44 persons with mental retardation that are consistent
45 with the limitations used for the same or similar
46 services that are funded one hundred percent by the
47 counties.
48 Sec. . EMERGENCY RULES. The department of
49 human services shall adopt administrative rules under
50 section 17A.4, subsection 2, and section 17A.5,

Page 2

1 subsection 2, paragraph "b", to implement the
2 provisions of this Act and the rules shall become
3 effective immediately upon filing or on a later
4 effective date specified in the rules, unless the
5 effective date is delayed by the administrative rules
6 review committee. Any rules adopted in accordance
7 with this section shall not take effect before the
8 rules are reviewed by the administrative rules review
9 committee. The delay authority provided to the
10 administrative rules review committee under section
11 17A.4, subsection 5, and section 17A.8, subsection 9,
12 shall be applicable to a delay imposed under this
13 section, notwithstanding a provision in those sections
14 making them inapplicable to section 17A.5, subsection
15 2, paragraph "b". Any rules adopted in accordance
16 with the provisions of this section shall also be
17 published as notice of intended action as provided in
18 section 17A.4."
19 3. By renumbering as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1368.

Heaton of Henry 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. 560)

The ayes were, 95:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boggess	Bukta
Carroll	Chambers	Cohoon	Connors
Dandekar	Davitt	De Boef	Dennis
Dix	Dolecheck	Eichhorn	Elgin
Fallon	Ford	Freeman	Frevert
Gaskill	Gipp	Granzow	Greimann
Greiner	Hahn	Hanson	Heaton
Heddens	Hoffman	Hogg	Horbach
Hunter	Huseman	Huser	Hutter
Jacobs	Jenkins	Jochum	Jones
Klemme	Kramer	Kuhn	Kurtenbach
Lalk	Lensing	Lukan	Lykam
Maddox	Manternach	Mascher	McCarthy
Mertz	Miller	Murphy	Myers
Oldson	Olson, D.	Olson, S.	Osterhaus
Paulsen	Petersen	Quirk	Raecker
Rasmussen	Rayhons	Reasoner	Roberts
Sands	Schickel	Shoultz	Smith
Stevens	Struyk	Swaim	Taylor, D.
Taylor, T.	Thomas	Tjepkes	Tymeson
Upmeyer	Van Fossen, J.K.	Van Fossen, J.R.	Watts
Wendt	Whitaker	Whitead	Wilderdyke
Winckler	Wise	Mr. Speaker
		Rants

The nays were, none.

Absent or not voting, 5:

Boddicker	Drake	Foege	Hansen
Van Engelenhoven

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

Granzow of Hardin called up for consideration House File 457, a
bill for an act expanding requirements for the transition of an
individual from the child welfare services system to adulthood,
amended by the Senate, and moved that the House concur in the
following Senate amendment H-1383:

H-1383

1 Amend House File 457, as passed by the House, as
2 follows:
3 1. Page 1, by striking lines 7 through 14 and
4 inserting the following: "~~living~~ adulthood. The

5 written plan of services and needs assessment shall be
6 developed with any person who may reasonably be
7 expected to be a service provider for the child when
8 the child becomes an adult or to become responsible
9 for the costs of services at that time, including but
10 not limited to the administrator of county general
11 relief under chapter 251 or 252 or of the single entry
12 point process implemented under section 331.440. If
13 the child is interested in pursuing".
14 2. Page 1, by inserting after line 34 the
15 following:
16 "Sec. . Section 232.2, subsection 22, Code
17 2003, is amended by adding the following new
18 paragraph:
19 NEW PARAGRAPH. d. If authorized by the court, a
20 guardian ad litem may continue a relationship with and
21 provide advice to a child for a period of time beyond
22 the child's eighteenth birthday."
23 3. By renumbering, relettering, or redesignating
24 and correcting internal references as necessary.

The motion prevailed and the House concurred in the Senate
amendment H-1383.

Granzow of Hardin 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. 457)

The ayes were, 95:

Alons	Arnold	Baudler	Bell
Berry	Boal	Boggess	Bukta
Carroll	Chambers	Cohoon	Connors
Dandekar	Davitt	De Boef	Dennis
Dix	Dolecheck	Drake	Eichhorn
Elgin	Fallon	Ford	Freeman
Frevert	Gaskill	Gipp	Granzow
Greimann	Greiner	Hahn	Hanson
Heaton	Heddens	Hoffman	Hogg
Horbach	Hunter	Huseman	Huser
Hutter	Jacobs	Jenkins	Jochum
Jones	Klemme	Kramer	Kuhn
Kurtenbach	Lalk	Lensing	Lukan
Lykam	Maddox	Manternach	Mascher
McCarthy	Mertz	Miller	Murphy
Myers	Oldson	Olson, D.	Olson, S.
Osterhaus	Paulsen	Petersen	Quirk
Raecker	Rasmussen	Rayhons	Reasoner
Roberts	Sands	Schickel	Shoultz
Smith	Stevens	Struyk	Swaim
Taylor, D.	Taylor, T.	Thomas	Tjepkes
Tymeson	Upmeyer	Van Fossen, J.K.	Van Fossen, J.R.
Wendt	Whitaker	Whitead	Wilderdyke
Winckler	Wise	Mr. Speaker
		Rants

The nays were, none.

Absent or not voting, 5:

Boddicker	Foege	Hansen	Van Engelenhoven
Watts

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

IMMEDIATE MESSAGES

Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
Files 457, 560, 668, 672 and 687.

SENATE MESSAGE CONSIDERED

Senate File 451, by committee on appropriations, a bill for an act
providing for the jurisdiction and funding of roads by transferring
funding for and jurisdiction of certain primary and farm-to-market
roads, modifying the procedure for classification of area service "C"
roads, and establishing a street construction fund distribution
advisory committee, and making appropriations.

Read first time and referred to committee on appropriations.

RULE 57 SUSPENDED

Gipp of Winneshiek asked and received unanimous consent to
suspend Rule 57, relating to committee notice and agenda, for a
meeting of the committee on environmental protection at 9:00 a.m.,
April 24, 2003.

MOTION TO RECONSIDER
(Senate File 445)

I move to reconsider the vote by which Senate File 445 passed the
House on April 23, 2003.

GIPP of Winneshiek

EXPLANATION OF VOTE

I was necessarily absent from the House chamber on April 23, 2003.
Had I been present, I would have voted "aye" on House File 675.

HEATON of Henry

BILL ENROLLED, SIGNED AND SENT TO
SECRETARY OF STATE

The Chief Clerk of the House submitted the following report:

Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
resolution has been examined and found correctly enrolled, signed by the Speaker of
the House and the President of the Senate, and presented to the Secretary of State for
his approval on this 23rd day of April, 2003: House Joint Resolution 5.

MARGARET A. THOMSON
Chief Clerk of the House

Report adopted.

PRESENTATION OF VISITORS

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

Twenty-nine students representing ten countries speaking seven
languages from West High Davenport, Davenport, Iowa, accompanied
by seven adults. By Winckler and Lykam of Scott.

Twenty-four fifth grade students from Lakeview Elementary,
Centerville, Iowa, accompanied by Debra Eddy, Myra McGill, Shawna
Stickler, Shawna Verice, and Tammy Carol. By Swaim of Davis.

CERTIFICATES OF RECOGNITION

MR. SPEAKER: The Chief Clerk of the House respectfully reports
that certificates of recognition have been issued as follows.

MARGARET A. THOMSON
Chief Clerk of the House

2003\1283 John and Betty Taylor, Iowa Falls - For celebrating their 50th
wedding anniversary.

2003\1284 Kenneth and Betty Chaplin, Iowa Falls - For celebrating their 50th
wedding anniversary.

2003\1285 Ben and Agnes Hall, Alden - For celebrating their 65th wedding
anniversary.

2003\1286 Bernard and Elsie Graanstra, Ocheyedan - For celebrating their
50th wedding anniversary.

2003\1287 Southern Cal Jazz Band, Southern Cal High School - For winning
first place in the Class 1-A Iowa State Jazz Competition.

2003\1288 Landon Streit, Manson - For being crowned State Physics Olympic
Champion.

2003\1289 Mark Sullivan, Manson - For being crowned State Physics Olympic
Champion.

2003\1290 Alison Truax, Vinton - For winning the U.S. National Science
Award.

2003\1291 Hulda McIlrath, Shellsburg - For celebrating her 90th birthday.

2003\1292 Verna Andresen, Keystone - For celebrating her 90th birthday.

2003\1293 Bengamin Vierkant, Mason City - For celebrating his 90th birthday.

2003\1294 Gerry Trebil, Mason City - For celebrating her 80th birthday.

2003\1295 Ruth Molstad, Mason City - For celebrating her 80th birthday.

2003\1296 Mayor Ann Hutchinson and the Bettendorf City Council, Bettendorf
- For celebrating its centennial on June 5th, 2003.

2003\1297 Nathan Berkhoudt, Muscatine - For being named a United States
National Award winner in mathematics.

2003\1298 June Hagie, Ames - For celebrating her 90th birthday.

2003\1299 Verlene and Don Mangels, Ames - For celebrating their 50th
wedding anniversary.

2003\1300 Dorothy and Gerald Hall, Madrid - For celebrating their 65th
wedding anniversary.

2003\1301 Myrtle Alsin, Madrid - For celebrating her 103rd birthday.

2003\1302 Clarence Blanchard, Hampton - For celebrating his 90th birthday.

2003\1303 Lila Brodbeck, Dumont - For celebrating her 80th birthday.

2003\1304 Joyce and Elwyn Brouwer, Sheffield - For celebrating their 55th
wedding anniversary.

2003\1305 Pete Lewerke, Garner - For celebrating his 90th birthday.

2003\1306 Mary Ann and Luverne Schmidt, Klemme - For celebrating their
55th wedding anniversary.

2003\1307 Mr. and Mrs. Keith Kline - For celebrating their 50th wedding
anniversary.

2003\1308 Raymond Jones, Davenport - For celebrating his 80th birthday.

2003\1309 Joseph L. Shepherd, Davenport - For celebrating his 80th birthday.

2003\1310 Mr. and Mrs. Robert Haase, Davenport - For celebrating their 50th
wedding anniversary.

2003\1311 Harriett and Elmer Muller, Holland - For celebrating their 50th
wedding anniversary.

2003\1312 John and Dot Middlekoop, Batavia - For celebrating their 50th
wedding anniversary.

2003\1313 Lowell and Darlene Rothbart, Grand Mound - For celebrating their
60th wedding anniversary.

2003\1314 Clarence Kinney, Grand Mound - For celebrating his 80th birthday.

2003\1315 Helen Goddard, Dewitt - For celebrating her 90th birthday.

2003\1316 Ronald and Darlene Woodall, Nashua - For celebrating their 50th
wedding anniversary.

2003\1317 Margaret Etringer, Waterloo - For celebrating her 80th birthday.

2003\1318 Gerald Swyter, Kanawha - For celebrating his 90th birthday.

2003\1319 Matthew Popowski, Garner - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2003\1320 Parmer Schlake, Garnavillo - For celebrating his 90th birthday.

2003\1321 Elizabeth Schaer, Elgin - For celebrating her 90th birthday.

2003\1322 Dick and Barb Stock, Greeley - For celebrating their 50th wedding
anniversary.

2003\1323 Dick and Marge Smith, Fayette - For celebrating their 50th wedding
anniversary.

2003\1324 Mildred and Paul Trmipe, Williamsburg - For celebrating their 60th
wedding anniversary.

2003\1325 Melvin Dahlstrom, Thornburg - For celebrating his 90th birthday.

2003\1226 Edna Teggatz, Williamsburg - For celebrating her 95th birthday.

2003\1327 Elaine and Quentin Schumacher, Dubuque - For celebrating their
50th wedding anniversary.

2003\1328 Kevin Hansen, Dubuque - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2003\1329 Anthony Arensdorf, Dubuque - For attaining the rank of Eagle
Scout, the highest rank in the Boy Scouts of America.

2003\1330 Steven Nesteby, Dubuque - For attaining the rank of Eagle Scout,
the highest rank in the Boy Scouts of America.

2003\1331 Eric Small, Dubuque - For attaining the rank of Eagle Scout, the
highest award in the Boy Scouts of America.

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.

MARGARET A. THOMSON
Chief Clerk of the House

COMMITTEE ON ECONOMIC GROWTH

House File 683, a bill for an act relating to economic development by creating an
Iowa values board and Iowa values fund, modifying the value-added agricultural
products and processes financial assistance program, providing endow Iowa seed
grants and endow Iowa tax credits, providing funding and tax credits for economic
development regions, creating workforce training and economic development funds for
community colleges, establishing a school financing program for school infrastructure
purposes, creating a cultural and entertainment district certification program,

increasing the availability of rehabilitation project tax credits, eliminating a small
business advisory council, making appropriations, and including effective date and
retroactive applicability provisions.

Fiscal Note is not required.

Recommended Do Pass April 21, 2003.

AMENDMENTS FILED

H-1411 H.F. 683 Fallon of Polk
H-1412 H.F. 683 Fallon of Polk
H-1413 H.F. 683 Fallon of Polk
H-1414 H.F. 683 Fallon of Polk
H-1415 H.F. 683 Fallon of Polk
H-1416 H.F. 683 Fallon of Polk
H-1417 H.F. 683 Fallon of Polk
H-1418 H.F. 683 Fallon of Polk
H-1419 H.F. 683 Fallon of Polk
H-1420 H.F. 683 Fallon of Polk
H-1421 H.F. 683 Fallon of Polk
H-1422 H.F. 683 Fallon of Polk
H-1423 H.F. 683 Fallon of Polk
H-1424 H.F. 683 Fallon of Polk
H-1425 H.F. 683 Fallon of Polk
H-1426 H.F. 683 Fallon of Polk
H-1427 H.F. 683 Fallon of Polk
H-1428 H.F. 683 Fallon of Polk
H-1429 H.F. 683 Fallon of Polk
H-1430 H.F. 683 Fallon of Polk
H-1431 H.F. 683 Fallon of Polk
H-1432 H.F. 683 Fallon of Polk
H-1433 H.F. 683 Fallon of Polk
H-1440 H.F. 690 Shoultz of Black Hawk
H-1443 H.F. 691 Heddens of Story
Wise of Lee
Cohoon of Des Moines
Wendt of Woodbury
Whitead of Woodbury
H-1444 H.F. 691 Wise of Lee
Bell of Jasper Cohoon of Des Moines
Bukta of Clinton Winkler of Scott
Lykam of Scott

H-1446 H.F. 691 Alons of Sioux
Lukan of Dubuque S. Olson of Clinton
Eichhorn of Hamilton Raecker of Polk
Rasmussen of Buchanan Van Engelenhoven of Marion
Hahn of Muscatine
H-1447 H.F. 685 Heaton of Henry
H-1448 H.F. 691 Heaton of Henry

On motion by Gipp of Winneshiek the House adjourned at 7:28
p.m., until 8:45 a.m., Thursday, April 24, 2003.

Previous Day: Tuesday, April 22	Next Day: Thursday, April 24
Senate Journal: Index	House Journal: Index
Legislation: Index	Bill History: Index

Comments about this site or page? hjourn@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Fri Aug 8 12:00:00 CDT 2003
URL: /DOCS/GA/80GA/Session.1/HJournal/Day/0423.html
jhf