| Alons | Baudler | Bell | Berry |
| Boal | Boddicker | Boggess | Bukta |
| Chambers | Cohoon | Dandekar | Davitt |
| De Boef | Dennis | Dix | Dolecheck |
| Drake | Eichhorn | Elgin | Foege |
| Freeman | Frevert | Gaskill | Gipp |
| Granzow | Greimann | Greiner | 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 | Mertz | Miller | Murphy |
| Myers | Olson, D. | Olson, S. | Paulsen |
| Quirk | Raecker | Rants, Spkr. | Rasmussen |
| Rayhons | Reasoner | Sands | Smith |
| Stevens | Struyk | Taylor, D. | Taylor, T. |
| Thomas | Tjepkes | Tymeson | Upmeyer |
| Van Engelenhoven | Van Fossen, J.K. | Watts | Wendt |
| Whitead | Winckler | Wise | Roberts, |
| Presiding | |||
The nays were, 12:
| Arnold | Connors | Ford | Hahn |
| McCarthy | Oldson | Petersen | Schickel |
| Shoultz | Swaim | Van Fossen, J.R. | Whitaker |
Absent or not voting, 4:
| Carroll | Fallon | Osterhaus | Wilderdyke |
The bill having received a constitutional majority was declared to
have passed the House and the title, as amended, was agreed to.
HOUSE FILE 620 WITHDRAWN
Lukan of Dubuque asked and received unanimous consent to
withdraw House File 620 from further consideration by the House.
Ways and Means Calendar
House File 692, a bill for an act relating to taxation of property
and income and including effective date and applicability date
provisions, was taken up for consideration.
Carroll of Poweshiek offered the following amendment H-1455
filed by him from the floor and moved its adoption:
H-1455
1 Amend House File 692 as follows:
2 1. Page 1, line 16, by striking the words "as
3 promptly as possible" and inserting the following:
4 "
5 receiving the assessment notice in section 441.23".
6 2. Page 2, by inserting after line 5, the
7 following:
8 "Sec. . NEW SECTION. 441.20 LEGISLATIVE
9 INTENT.
10 It is the intent of the general assembly that there
11 be transparency in the property tax system. It is
12 further the intent of the general assembly that
13 property assessments for purposes of property taxation
14 be equal and uniform within classes of property. It
15 is further the intent of the general assembly to
16 minimize the impact that maintenance and upkeep by the
17 owner of property has on the assessment of that
18 property and that there be predictability in increases
19 of property assessments and that such predictability
20 be based primarily on the actions of the property
21 owner. It is further the intent of the general
22 assembly to minimize the impact that increases in
23 assessed value of property will have on property taxes
24 paid and that any increases will be primarily the
25 result of direct action taken by the local taxing
26 authority in setting budget amounts rather than by
27 increases in market value of property."
28 3. Page 2, by striking lines 12 through 19.
29 4. Page 7, by inserting after line 9, the
30 following:
31 "d. If a county enters into a contract before May
32 1, 2003, for a comprehensive revaluation by a private
33 appraiser and such revaluation is for the assessment
34 year beginning January 1, 2006, the valuations
35 determined under the comprehensive revaluation for
36 that assessment year shall be divided by the
37 cumulative inflation factor for the assessment year
38 beginning January 1, 2006, and that quotient shall be
39 considered the valuation of the property for the
40 assessment year beginning January 1, 2005."
41 5. Page 7, by inserting after line 9, the
42 following:
43 "6A. Notwithstanding any other provision of this
44 section, the assessed value per square foot of a
45 structure times the total number of square feet of the
46 structure shall not exceed its fair and reasonable
47 market value for the assessment year, except for
48 agricultural structures which shall be valued
49 exclusively as provided in subsection 5."
50 6. Page 10, by inserting after line 9, the
Page 2
1 following:
2 "c. Buildings for human habitation that are used
3 as commercial ventures, including but not limited to
4 hotels, motels, rest homes, and structures containing
5 three or more separate living quarters shall not be
6 considered residential property."
7 7. Page 10, line 25, by inserting after the word
8 "assessment." the following: "The notification shall
9 include a supplemental return form for the person to
10 list the person's property and any additions or
11 modifications completed in the prior year to a
12 structure located on the property, as required in
13 section 441.19."
14 8. Page 11, by striking lines 30 through 32, and
15 inserting the following: "the number of structures,
16 and the total square footage of the structures by
17 class of property, and showing the values affixed to
18 agricultural land and the assessed value per square
19 foot affixed to
20 of property of all".
21 9. Page 15, by inserting after line 21, the
22 following:
23 "Sec. . NEW SECTION. 441.47A EQUALIZATION OF
24 INFLATION FACTORS.
25 The director of revenue and finance on or about
26 August 15, 2007, and every two years thereafter, shall
27 order the equalization of the assessed value per
28 square foot resulting from the application of the
29 cumulative inflation factor in the several assessing
30 jurisdictions in each case as may be necessary to
31 bring such values as fixed by the assessor in cases of
32 purchases of property and newly constructed property
33 to the values determined for the assessment year
34 beginning January 1, 2005. In equalizing the effects
35 of the application of the cumulative inflation factor,
36 the department shall make use of reports issued by
37 Iowa state university of science and technology which
38 reports shall more precisely indicate, on a county-by-
39 county basis, annual and cumulative inflation factors
40 for each county. If the cumulative inflation factor
41 for an assessing jurisdiction as reported by Iowa
42 state university of science and technology is five
43 percent above or below the cumulative inflation factor
44 as defined in section 441.21, subsection 7, the
45 director shall notify the assessor by mail of the
46 equalization of the effects of the cumulative
47 inflation factor for the assessing jurisdiction. The
48 assessor shall recompute the assessments made pursuant
49 to section 441.21, subsection 3, paragraph "b",
50 subparagraph (1), subsection 4, paragraph "b",
Page 3
1 subparagraph (1), and subsection 5, paragraph "b",
2 subparagraph (1), by applying the equalized inflation
3 factor. The assessor shall send notice of the
4 equalized assessments to all affected property
5 owners."
6 10. Page 25, by striking line 3, and inserting
7 the following: "whether or not maximum square footage
8 rates and land tax rates should be imposed and, if
9 such rates are recommended, the imposition of rates".
10 11. By renumbering as necessary.
Amendment H-1455 was adopted.
Speaker Rants in the chair at 7:56 p.m.
Kurtenbach of Story 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. 692)
The ayes were, 81:
| Alons | Arnold | Baudler | Berry |
| Boal | Boddicker | Boggess | Bukta |
| Carroll | Chambers | Connors | Dandekar |
| Davitt | De Boef | Dennis | Dix |
| Dolecheck | Drake | Eichhorn | Elgin |
| Fallon | Foege | Freeman | Frevert |
| Gipp | Granzow | Greiner | Hahn |
| Hansen | Hanson | Heaton | Hoffman |
| Horbach | Hunter | Huseman | Huser |
| Hutter | Jacobs | Jenkins | Jochum |
| Jones | Klemme | Kramer | Kuhn |
| Kurtenbach | Lalk | Lensing | Lukan |
| Lykam | Manternach | McCarthy | Murphy |
| Myers | Oldson | Olson, S. | Paulsen |
| Petersen | Quirk | Raecker | Rasmussen |
| Rayhons | Reasoner | Roberts | Sands |
| Schickel | Shoultz | Stevens | Struyk |
| Thomas | Tjepkes | Tymeson | Upmeyer |
| Van Engelenhoven | Van Fossen, J.K. | Van Fossen, J.R. | Watts |
| Wendt | Whitead | Wilderdyke | Wise |
| Mr. Speaker | |||
| Rants | |||
The nays were, 18:
| Bell | Cohoon | Ford | Gaskill |
| Greimann | Heddens | Hogg | Maddox |
| Mascher | Mertz | Miller | Olson, D. |
| Smith | Swaim | Taylor, D. | Taylor, T. |
| Whitaker | Winckler | ||
Absent or not voting, 1:
| Osterhaus |
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 24, 2003, concurred in the House amendment, to the Senate amendment, and
passed the following bill in which the concurrence of the Senate was asked:
House File 584, a bill for an act providing for exceptions to liability for certain
activities.
Also: That the Senate has on April 24, 2003, passed the following bill in which the
concurrence of the Senate was asked:
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.
Also: That the Senate has on April 24, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 444, a bill for an act relating to the requirements for receiving a
property tax exemption for open prairies and wildlife habitats and including an
applicability date provision.
Also: That the Senate has on April 24, 2003, passed the following bill in which the
concurrence of the House is asked:
Senate File 448, a bill for an act relating to the department of corrections and its
duties regarding treatment and education of inmates at various correctional facilities,
release of presentence reports, optional inmate treatment and education provision,
expansion of and appeals regarding earned time credits, change to the inmate savings
and inmate telephone rebate fund, and payment of supervision fees.
MICHAEL E. MARSHALL, Secretary
INTRODUCTION OF BILLS
House File 693, by Gipp and Myers, a bill for an act establishing
a new century learning technology initiative, commission, and fund,
and providing an effective date and for contingent implementation.
Read first time and referred to committee on education.
House File 694, by committee on appropriations, a bill for an act
relating to the judicial branch including by establishing a judicial
district and judicial election district redistricting process, making
changes to the nomination, appointment, and retention of judges,
expanding magistrate courts, eliminating the position of alternate
district associate judge, permitting district judgeships to be
apportioned or transferred to another judicial district, requiring the
county sheriff to serve a summons in certain delinquency
proceedings, eliminating the participation of the foster care review
board in voluntary foster care placements, waiving the filing fee and
court costs in certain contempt actions, changing the duties of and the
procedures related to the clerk of the district court, providing that
interest on a judgment be calculated upon the one year treasury
constant maturity plus two percent, expanding the access of the
deferred judgment docket, prohibiting regional litigation centers,
modifying the schedule of the probate court, providing for a fee, and
providing for a study.
Read first time and placed on the appropriations calendar.
SENATE MESSAGE CONSIDERED
Senate File 444, by committee on ways and means, a bill for an
act relating to the requirements for receiving a property tax
exemption for open prairies and wildlife habitats and including an
applicability date provision.
Read first time and passed on file.
IMMEDIATE MESSAGES
Gipp of Winneshiek asked and received unanimous consent that
the following bills be immediately messaged to the Senate: House
File 692, Senate Files 275 and 368.
DENIED GENERAL CLAIMS BY THE STATE APPEAL BOARD
SUBMITTED TO THE 80TH GENERAL ASSEMBLY
April 2003
Claim Full Name City Type Amount
G011403 Martin Luther Homes Clive Medical Care $4,628.26
of Iowa, Inc.
G011404 Martin Luther Homes Clive Medical Care $2,433.20
of Iowa, Inc.
G011405 Martin Luther Homes Clive Medical Care $3,650.08
of Iowa, Inc.
G011444 Martin Luther Homes Des Moines Credit $881.22
of Iowa
G030066 Mitchell Wesley Lenexa License $189.00
Munson Refund
G030126 Karen Ann Co. Inc. Des Moines IRP Refund Unspecified
G030226 Gary Robert Hartman Olathe License $18.00
Refund
G030232 Linn Co. Dept. of Cedar Rapids Committal $7,164.80
Human Resources
Mgmt.
G030358 K & R Express, Ltd. Waterloo IRP Refund $8,475.00
G030372 Thomas Allen Mount Pleasant Refund $12.00
Caldwell Penalty
G030429 Judy Ellis Worley Cedar Rapids Refund $35.00
Penalty
G030511 Christine Lynn Cedar Rapids Refund $557.00
Sepulveda Penalty
G030512 Cynthia A. Hall Monticello Refund Unspecified
Penalty
REPORT OF THE CHIEF CLERK OF THE HOUSE
MR. SPEAKER: Pursuant to House Rule 42, I report that in
enrolling bills the following corrections were made:
House File 319
Page 1, line 10 - Take out extra space after (3).
Page 1, line 16 - Underscore first parenthesis of (a)
MARGARET A. THOMSON
Chief Clerk of the House
BILLS ENROLLED, SIGNED AND SENT TO GOVERNOR
The Chief Clerk of the House submitted the following report:
Mr. Speaker: The Chief Clerk of the House respectfully reports that the following
bills have been examined and found correctly enrolled, signed by the Speaker of the
House and the President of the Senate, and presented to the Governor for his approval
on this 24th day of April, 2003: House Files 547, 548, 551, 557, 617, 647 and 648.
MARGARET A. THOMSON
Chief Clerk of the House
Report adopted.
BILLS SIGNED BY THE GOVERNOR
A communication was received from the Governor announcing that
on April 22,2003, he approved and transmitted to the Secretary of
State the following bills:
House File 446, an Act relating to dealership agreements, and providing for the
Act's applicability.
House File 502, an Act relating to damage disclosure statements required for
transfer of ownership of motor vehicles and providing a penalty.
House File 604, an Act requiring state government annual reports made to the
General Assembly to include certain financial information.
House File 616, an Act prohibiting a cancellation penalty upon cancellation of a
purchase agreement for cemetery merchandise, funeral merchandise, and funeral
services.
House File 634, an Act relating to the conversion of cooperative associations
originally as business corporations.
COMMUNICATION RECEIVED
The following communication was received and filed in the office of
the Chief Clerk:
OFFICE OF AUDITOR OF STATE
Single audit report for fiscal year ended June 30, 2002, pursuant to Chapter 11.4,
Code of Iowa.
SUBCOMMITTEE ASSIGNMENTS
House File 183
Ways and Means: Paulsen, Chair; K. Kramer and Shoultz.
Senate File 371
Ways and Means: Kurtenbach, Chair; Frevert and Sands.
Senate File 441
Ways and Means: Boal, Chair; Jochum and Kurtenbach.
Senate File 442
Ways and Means: Paulsen, Chair; K. Kramer and Winckler.
Senate File 451
Appropriations: Horbach, Chair; Dix and Thomas.
HOUSE STUDY BILL COMMITTEE ASSIGNMENTS
H.S.B. 316 Ways and Means
Relating to Iowa individual income tax checkoffs, providing an income
tax checkoff to fund grants relating to veterans and Sullivan brothers
historic preservation, relating to the limitation on income tax
checkoffs, making an appropriation, and including effective and
applicability date provisions.
H.S.B. 317 Ways and Means
Relating to the administration of the tax and related laws by the
department of revenue and finance, including administration of state
individual income, sales, property, motor fuel, special fuel, cigarette,
tobacco, inheritance taxes, and local hotel and motel taxes, and the
premiums tax on mutual insurance associations, and including
effective and retroactive applicability date provisions.
COMMITTEE RECOMMENDATIONS
MR. SPEAKER: The Chief Clerk of the House respectfully reports
that the following committee recommendations have been received
and are on file in the office of the Chief Clerk.
MARGARET A. THOMSON
Chief Clerk of the House
COMMITTEE ON APPROPRIATIONS
Committee Bill (Formerly House File 643), concerning procedures, duties, and
fees related to the judicial branch.
Fiscal note is not required.
Recommended Amend and Do Pass April 23, 2003.
House File 676, a bill for an act establishing a veterans trust fund under the
control of the commission of veterans affairs and making an appropriation.
Fiscal note is required.
Recommended Amend and Do Pass with amendment H-1454 April 23,2003.
COMMITTEE ON WAYS AND MEANS
Senate File 384, a bill for an act relating to the Iowa education savings plan trust
and to the taxation of activities involving out-of-state qualified state tuition programs
and including effective and retroactive applicability date provisions.
Fiscal note is not required.
Recommended Amend and Do Pass with amendment H-1465 April 23,2003.
RESOLUTION FILED
HR 56, by Boddicker, a resolution honoring Iowa musicians Don
Daugherty and Glenn Dean Goodwin.
Laid over under Rule 25.
AMENDMENTS FILED
H-1451 S.F. 390 Mertz of Kossuth
H-1454 H.F. 676 Committee on Appropriations
H-1457 H.F. 686 Kramer of Polk
H-1463 H.F. 686 Ford of Polk
H-1465 S.F. 384 Committee on Ways and Means
H-1467 H.F. 686 Fallon of Polk
H-1468 H.F. 683 Fallon of Polk
H-1469 H.F. 686 Kramer of Polk
On motion by Gipp of Winneshiek the House adjourned at 8:02
p.m., until 8:45 a.m., Friday, April 25, 2003.
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