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One hundreth Calendar Day - Sixty-six Session Day Hall of the House of Representatives Des Moines, Iowa, Tuesday, April 18, 1995 The House met pursuant to adjournment at 8:45 a.m., Speaker Corbett in the chair. Prayer was offered by Candy Boucher, Marshalltown, Catholic Campus Minister for Drake University. The Journal of Monday, April 17, 1995 was approved. SENATE AMENDMENTS CONSIDERED Arnold of Lucas called up for consideration House File 128, a bill for an act relating to administrative procedures of rural water districts, amended by the Senate, and moved that the House concur in the following Senate amendment H-3835: H-3835 1 Amend House File 128, as passed by the House, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 331.555, subsection 6, Code 6 1995, is amended to read as follows: 7 6. The treasurer shall keep all funds invested to 8 the extent practicable and may invest the funds 9 jointly with one or more counties, judicial district 10 departments of correctional services, cities,orcity 11 utilities, or rural water districts created under 12 chapter 357A pursuant to a joint investment agreement. 13 All investments of funds shall be subject to sections 14 12B.10 and 12B.10A and other applicable law." 15 2. Page 1, by inserting after line 15 the 16 following: 17 "Sec. ___. Section 357A.11, Code 1995, is amended 18 by adding the following new subsection: 19 NEW SUBSECTION. 12. Place all funds in 20 investments to the extent practicable and may invest 21 the funds jointly with one or more counties, judicial 22 district departments of correctional services, cities, 23 or city utilities pursuant to a joint investment 24 agreement. All investments of funds shall be subject 25 to sections 12B.10 and 12B.10A and other applicable 26 law." 27 3. Page 1, by inserting after line 31 the 28 following: 29 "Sec. ___. Section 384.21, Code 1995, is amended 30 to read as follows: 31 384.21 JOINT INVESTMENT OF FUNDS. 32 A city or a city utility board shall keep all funds 33 invested to the extent practicable and may invest the 34 funds jointly with one or more cities, utility boards, 35 judicial district departments of correctional 36 services,orcounties, or rural water districts 37 created under chapter 357A pursuant to a joint 38 investment agreement. All investments of funds shall 39 be subject to sections 12B.10 and 12B.10A and other 40 applicable law. 41 Sec. ___. Section 905.6, subsection 4, Code 1995, 42 is amended to read as follows: 43 4. Prepare all budgets and fiscal documents, and 44 certify for payment all expenses and payrolls lawfully 45 incurred by the district department. The director may 46 invest funds which are not needed for current 47 expenses, jointly with one or more cities, city 48 utilities,orcounties, or rural water districts 49 created under chapter 357A pursuant to a joint 50 investment agreement. All investment of funds shall Page 2 1 be subject to sections 12B.10 and 12B.10A and other 2 applicable law." 3 4. Title page, line 1, by inserting after the 4 word "procedures" the following: "and the joint 5 investment of funds". 6 5. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-3835. Arnold of Lucas 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. 128) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Van Maanen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Mr. Speaker Corbett The nays were, none. Absent or not voting, 4: Brammer Churchill Ertl Grubbs The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. Speaker pro tempore Van Maanen of Marion in the chair at 9:05 a.m. Carroll of Poweshiek called up for consideration House File 483, a bill for an act relating to activities of the department of human services, including provisions involving the state hospital- schools and other institutions, commitments of persons with mental retardation, and the department's public housing unit, amended by the Senate, and moved that the House concur in the following Senate amendment H-3837: H-3837 1 Amend House File 483, as passed by the House, as 2 follows: 3 1. Page 2, by inserting after line 32 the 4 following: 5 "Sec. ___. Section 222.1, unnumbered paragraph 1, 6 Code 1995, is amended to read as follows: 7 The Glenwood state hospital-school and the Woodward 8 state hospital-school shall be maintained for the 9 purpose of providing treatment, training, instruction, 10 care, habilitation, and support ofmentally retarded11 persons with mental retardation or other disabilities 12 in this state." 13 2. Page 8, by inserting after line 35 the 14 following: 15 "Sec. ___. Section 222.60, unnumbered paragraph 1, 16 Code 1995, is amended to read as follows: 17 All necessary and legal expenses for the cost of 18 admission or commitment or for the treatment, 19 training, instruction, care, habilitation, support and 20 transportation ofpatientspersons with mental 21 retardation in a state hospital-schoolfor the22mentally retarded, or in a special unit, or any public 23 or private facility within or without the state, 24 approved by the director of the department of human 25 services, shall be paid by either:" The motion prevailed and the House concurred in the Senate amendment H-3837. Carroll of Poweshiek 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. 483) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Brammer Ertl Myers The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Blodgett of Cerro Gordo called up for consideration House File 41, a bill for an act relating to the establishment of legal settlement for certain blind persons and providing an effective date, amended by the Senate amendment H-3863 as follows: H-3863 1 Amend House File 41, as passed by the House, as 2 follows: 3 1. Page 1, by inserting before line 1 the 4 following: 5 "Section 1. Section 230.12, Code 1995, is amended 6 by adding the following new subsection: 7 NEW SUBSECTION. 4. An action filed or an 8 alternative dispute resolution stipulated to under 9 this section is subject to the applicable provisions 10 of sections 230.13 and 230.14." 11 2. Page 1, line 3, by inserting after the figure 12 "6." the following: "a." 13 3. Page 1, by striking line 5 and inserting the 14 following: "state. 15 b. A blind personreceiving assistancewho has 16 resided in". 17 4. Page 1, line 7, by inserting after the word 18 "chapter" the following: ", except as specified in 19 paragraph "c"." 20 5. Page 1, by striking lines 8 and 9 and 21 inserting the following: "However, a22 c. A blind person who is an inpatient or resident 23 of,oris supported". 24 6. Page 1, line 18, by inserting after the word 25 "located" the following: ", unless the blind person 26 has resided in the county in which the institution, 27 facility, or provider is located for a period of six 28 months prior to the date of commencement of receipt of 29 assistance under the laws of this state or for a 30 period of six months subsequent to the date of 31 termination of assistance under the laws of this 32 state". 33 7. Page 1, by inserting after line 18 the 34 following: 35 "Sec. 100. BLIND PERSONS CURRENTLY RECEIVING 36 ASSISTANCE -- REDETERMINATION -- CONTINUATION OF 37 PAYMENT FOR ASSISTANCE. 38 1. For purposes of redetermination of legal 39 settlement under subsection 2, section 252.17 shall 40 not apply to a blind person who acquired legal 41 settlement in this state on or after July 1, 1994, and 42 prior to the effective date of this Act. 43 2. If legal settlement of a blind person receiving 44 assistance under the laws of this state was 45 established in this state under state law in effect on 46 the effective date of this Act, eligibility of the 47 blind person for future assistance may be 48 redetermined. At the time of the redetermination of 49 the eligibility for assistance, if the blind person 50 had no legal settlement in this state prior to receipt Page 2 1 of the assistance, the state shall pay the costs of 2 assistance provided under the laws of this state 3 subsequent to the time of redetermination." 4 8. Page 1, by inserting before line 19 the 5 following: 6 "Sec. ___. APPLICABILITY. With the exception of 7 section 100, this Act shall not be construed to have 8 retroactive applicability or effect and shall not be 9 construed to affect, deny, or negate assistance, 10 service, or treatment provided to individuals prior to 11 the effective date of this Act." 12 9. Title page, by striking line 2, and inserting 13 the following: "certain persons, providing for the 14 Act's applicability, and providing an effective date." Brauns of Muscatine offered the following amendment H-3931, to the Senate amendment H-3863 filed by him and moved its adoption: H-3931 1 Amend the Senate amendment, H-3863, to House File 2 41, as passed by the House, as follows: 3 1. Page 1, by inserting after line 34 the 4 following: 5 ""Sec. ___. Section 347.16, subsection 3, Code 6 1995, is amended to read as follows: 7 3. Care and treatment may be furnished in a county 8 public hospital to any sick or injured person who has 9 legal settlement outside the county which maintains 10 the hospital, subject to such policies and rules as 11 the board of hospital trustees may adopt. If care and 12 treatment is provided under this subsection to a 13 person who is indigent, the county in which that 14 person has legal settlement shall pay to the board of 15 hospital trustees the fair and reasonable cost of the 16 care and treatment provided by the county public 17 hospital unless the cost of the indigent person's care 18 and treatment is otherwise provided for. If care and 19 treatment is provided to an indigent person under this 20 subsection, the county public hospital furnishing the 21 care and treatment shall immediately notify, by 22 regular mail, the auditor of the county of legal 23 settlement of the indigent person of the provision of 24 care and treatment to the indigent person." 25 2. By renumbering as necessary. Amendment H-3931 was adopted. On motion by Blodgett of Cerro Gordo, the House concurred in the Senate amendment H-3863, as amended. Blodgett of Cerro Gordo moved that the bill, as amended by the Senate, further amended 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. 41) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Brammer Brunkhorst Ertl Grundberg The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 41, 128 and 483. SENATE AMENDMENT CONSIDERED Boddicker of Cedar called up for consideration House File 346, a bill for an act relating to the verification and defendant's signature required for uniform citations and complaints, amended by the Senate, and moved that the House concur in the following Senate amendment H-3902: H-3902 1 Amend House File 346 as follows: 2 1. Page 1, by inserting before line 1 the 3 following: 4 "Section 1. Section 805.3, Code 1995, is amended 5 to read as follows: 6 805.3 PROCEDURE. 7 Before the cited person is released, the person 8 shall sign the citation, under penalty of providing 9 false information under section 719.3, properly 10 identifying the person cited. The person's signature 11 shall also serve as a written promise to appear in 12 court at the time and place specified. A copy of the 13 citation shall be given to the person." 14 2. Page 1, by striking lines 1 through 21 and 15 inserting the following: 16 "Sec. ___. Section 805.6, subsection 1, paragraph 17 a, unnumbered paragraph 2, Code 1995, is amended to 18 read as follows: 19 The uniform citation and complaint shall contain 20 spaces for the parties' names; the address of the 21 alleged offender; the registration number of the 22 offender's vehicle; the information required by 23 section 805.2;a promise to appear as provided in24section 805.3 and a place where the cited person may25sign the promise to appear;a warning which states "I 26 hereby swear and affirm that the information provided 27 by me on this citation is true under penalty of 28 providing false information"; and a statement that 29 providing false information is a violation of section 30 719.3; a list of the scheduled fines prescribed by 31 section 805.8, either separately or by group, and a 32 statement of the court costs payable in scheduled 33 violation cases, whether or not a court appearance is 34 required or is demanded; a brief explanation of 35 sections 805.9 and 805.10; and a space where the 36 defendant may sign an admission of the violation when 37 permitted by section 805.9; and the uniform citation 38 and complaint shall require that the defendant appear 39 before a court at a specified time and place. The 40 uniform citation and complaint also may contain a 41 space for the imprint of a credit card, and may 42 contain any other information which the commissioner 43 of public safety and the director of natural resources 44 may determine." 45 3. Title page, line 2, by inserting after the 46 word "complaints" the following: "and to providing 47 false information on a uniform citation and complaint 48 and making an existing penalty applicable". The motion prevailed and the House concurred in the Senate amendment H-3902. Boddicker of Cedar 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. 346) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Brammer Brunkhorst Ertl The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. Meyer of Sac called up for consideration House File 289, a bill for an act relating to solid waste tonnage fees, amended by the Senate, and moved that the House concur in the following Senate amendment H-3833: H-3833 1 Amend House File 289 as amended, passed, and 2 reprinted by the House as follows: 3 1. Page 3, line 24, by striking the word "twenty- 4 five" and inserting the following: "twenty-five5 fifty". The motion prevailed and the House concurred in the Senate amendment H-3833. Meyer of Sac 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. 289) The ayes were, 94: Arnold Baker Bell Bernau Blodgett Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 6: Boddicker Brammer Brunkhorst Ertl Greig Schulte The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: House Files 289 and 346. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of Senate File 292, a bill for an act relating to the powers and duties of the department of natural resources by authorizing the use of certain revenue to repay loans related to sewage collection and treatment plants in state parks and recreation areas. Bernau 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?" (S.F. 292) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Brammer Eddie Ertl Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 347, a bill for an act establishing a study regarding the inclusion of health care coverage costs for preventive care services and mental health and substance abuse treatment services under basic and standard health benefit plans, and providing for conditional effectiveness, previously deferred and placed on the unfinished business calendar. Metcalf 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. 347) The ayes were, 92: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Burnett Carroll Cataldo Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drees Eddie Fallon Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Wise Witt Van Maanen, Presiding The nays were, 2: Churchill Garman Absent or not voting, 6: Brammer Brunkhorst Drake Ertl Teig Welter The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 228, a bill for an act relating to the statewide notification center by providing that the center is subject to the open meetings and public records law, requiring certain financial information to be reported, establishing an audit requirement, and providing a penalty, previously deferred and placed on the unfinished business calendar. Klemme of Plymouth 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. 228) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Brammer Ertl Myers The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 228, 292 and 347. The House resumed consideration of Senate File 432, a bill for an act relating to sexually violent predators, by providing that the place of commitment shall be under the control of the department of corrections, by requiring the state to pay the costs incurred by a county for services in sexually violent offender proceedings, and providing an effective date, previously deferred and placed on the unfinished business calendar. Coon of Warren offered the following amendment H-3818 filed by the committee on judiciary and moved its adoption: H-3818 1 Amend Senate File 432, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 4, by inserting after the words 4 "notify the" the following: "county attorney for the 5 county in which the person was convicted and the". The committee amendment H-3818 was adopted. Coon of Warren offered the following amendment H-3843 filed by him and moved its adoption: H-3843 1 Amend Senate File 432, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. By striking page 1, line 35 through page 2, 4 line 22. 5 2. Page 2, line 33, by striking the word 6 "corrections" and inserting the following: "human 7 services". 8 3. Title page, by striking lines 1 through 3 and 9 inserting the following: "An Act relating to sexually 10 violent predators, by providing notice of the petition 11 to the attorney general by specifying the location for 12 trial, by requiring the state to pay the". 13 4. By renumbering as necessary. Amendment H-3843 was adopted. Coon of Warren offered the following amendment H-3961 filed by him and moved its adoption: H-3961 1 Amend Senate File 432, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 3, by inserting after line 7 the 4 following: 5 "Sec. ___. Section 910A.9A, Code 1995, is amended 6 to read as follows: 7 910A.9A NOTIFICATION BY DEPARTMENT OF HUMAN 8 SERVICES. 9 The department of human services shall notify a 10 victim registered with the department, regarding a 11 juvenile adjudicated delinquent for a violent crime, 12 committed to the custody of the department of human 13 services, and placed at the state training school at 14 Eldora or Toledo, or regarding a person determined to 15 be a sexually violent predator under chapter 709C, and 16 committed to the custody of the department of human 17 services, of the following: 18 1. The date on which the juvenile or sexually 19 violent predator is expected to be temporarily 20 released from the custody of the department of human 21 services, and whether the juvenile is expected to 22 return to the community where the registered victim 23 resides. 24 2. The juvenile's or the sexually violent 25 predator's escape from custody. 26 3. The recommendation by the department to 27 consider the juvenile or sexually violent predator for 28 release or placement. 29 4. The date on which the juvenile or sexually 30 violent predator is expected to be released from a 31 facility pursuant to a plan of placement." 32 2. Title page, line 5, by inserting after the 33 word "proceedings," the following: "providing for 34 notification of victims,". 35 3. By numbering and renumbering as necessary. Amendment H-3961 was adopted. Coon of Warren 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. 432) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 2: Brammer Ertl The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. The House resumed consideration of Senate File 85, a bill for an act providing for the regulation of farm deer and making penalties applicable, previously deferred and placed on the unfinished business calendar. Salton of Palo Alto offered the following amendment H-3555 filed by the committee on agriculture and moved its adoption: H-3555 1 Amend Senate File 85, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 5, by striking the word "deer" 4 and inserting the following: "deer;". 5 2. Page 1, line 7, by striking the word "elk" and 6 inserting the following: "elk;". 7 3. Page 2, by striking lines 15 through 28. The committee amendment H-3555 was adopted. Salton of Palo Alto offered amendment H-3920 filed by him and requested division as follows: H-3920 1 Amend Senate File 85, as amended, passed, and 2 reprinted by the Senate, as follows: H-3920A 3 1. By striking page 1, line 1 through page 2, 4 line 14. H-3920B 5 2. Page 2, by striking line 32 and inserting the 6 following: "farm deer. As used in this paragraph, 7 "farm deer" means an animal belonging to the cervidae 8 family and classified as part of the dama species of 9 the dama genus, commonly referred to as fallow deer; 10 part of the elaphus species of the cervus genus, 11 commonly referred to as red deer or elk; or part of 12 the nippon species of the cervus genus, commonly 13 referred to as sika. However, a farm deer does not 14 include any unmarked free ranging elk." 15 3. Page 3, line 1, by inserting after the word 16 "deer" the following: ", as defined in section 17 481A.1". 18 4. Page 3, by inserting after line 2 the 19 following: 20 "Sec. ___. The department of agriculture and land 21 stewardship shall conduct a study relating to the 22 needs and desirability of adopting or enhancing animal 23 health requirements including health certificates for 24 farm deer. In conducting the study, the department 25 shall solicit comments and participation from 26 organizations representing farm deer producers, cattle 27 producers, pork producers, sheep producers, and the 28 department of natural resources. As used in this 29 section, "farm deer" means an animal belonging to the 30 cervidae family and classified as part of the dama 31 species of the dama genus, commonly referred to as 32 fallow deer; part of the elaphus species of the cervus 33 genus, commonly referred to as red deer or elk; or 34 part of the nippon species of the cervus genus, 35 commonly referred to as sika. However, a farm deer 36 does not include any unmarked free ranging elk." 37 5. By renumbering as necessary. Salton of Palo Alto asked and received unanimous consent to withdraw amendment H-3920A. On motion by Salton of Palo Alto, amendment H-3920B, was adopted. Salton of Palo Alto 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. 85) The ayes were, 90: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May Metcalf Meyer Millage Moreland Mundie Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Sukup Teig Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 4: Drees Grundberg McCoy Mertz Absent or not voting, 6: Brammer Corbett, Spkr. Ertl Murphy Siegrist Thomson The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 106, a bill for an act to provide disaster leave for certain state employees, previously deferred and placed on the unfinished business calendar. Jacobs 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. 106) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Brammer Corbett, Spkr. Ertl Grundberg Siegrist 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: Senate Files 85, 106 and 432. HOUSE REFUSED TO CONCUR Hahn of Muscatine called up for consideration House File 553, a bill for an act relating to agriculture and natural resources, including for appropriations involving agriculture and natural resources, providing related statutory changes, and providing effective dates, amended by the Senate, and moved that the House concur in the following Senate amendment H-3945: H-3945 1 Amend House File 553, as amended, passed, and 2 reprinted by the House, as follows: 3 1. By striking everything after the enacting 4 clause and inserting the following: 5 "DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP 6 Section 1. GENERAL APPROPRIATION. There is 7 appropriated from the general fund of the state to the 8 department of agriculture and land stewardship for the 9 fiscal year beginning July 1, 1995, and ending June 10 30, 1996, the following amounts, or so much thereof as 11 is necessary, to be used for the purposes designated: 12 1. ADMINISTRATIVE DIVISION 13 a. For salaries, support, maintenance, the support 14 of the state 4-H foundation, support of the statistics 15 bureau, and miscellaneous purposes, and for the 16 salaries and support of not more than the following 17 full-time equivalent positions: 18 $ 1,763,343 19 FTEs 44.50 20 (1) Of the funds appropriated in this paragraph 21 "a", $319,550 and 7.00 FTEs shall be used to support 22 horticulture. 23 (2) Of the amount appropriated in this paragraph 24 "a", $50,000 shall be allocated to the state 4-H 25 foundation to foster the development of Iowa's youth 26 and to encourage them to study the subject of 27 agriculture. 28 (3) Of the amount appropriated in this paragraph 29 "a", $130,100 and 4.00 FTEs shall be allocated to the 30 statistics bureau to provide county-by-county 31 information on land in farms, production by crop, 32 acres by crop, and county prices by crop. This 33 information shall be made available to the department 34 of revenue and finance for use in the productivity 35 formula for valuing and equalizing the values of 36 agricultural land. 37 (4) Of the amount appropriated in this paragraph 38 "a", not more than $5,000 shall be allocated to the 39 Iowa polled hereford junior association in connection 40 with the 1995 national junior hereford show. 41 (5) As a condition of the amount appropriated in 42 this paragraph "a", none of the following positions 43 shall be supported from the amount: 44 (a) Any executive officer II in the department 45 after September 30, 1995. 46 (b) Any public service executive II in the 47 information bureau after June 30, 1995. 48 (c) Any information specialist III in the 49 information bureau after June 30, 1995. 50 b. For the operations of the dairy trade practices Page 2 1 bureau: 2 $ 66,273 3 c. For the purpose of performing commercial feed 4 audits: 5 $ 61,932 6 d. For the purpose of performing fertilizer 7 audits: 8 $ 61,932 9 2. REGULATORY DIVISION 10 a. For salaries, support, maintenance, 11 miscellaneous purposes, and for not more than the 12 following full-time equivalent positions: 13 $ 3,792,298 14 FTEs 122.50 15 Of the moneys appropriated in this paragraph "a", 16 $34,300 is allocated for purposes of purchasing 17 equipment for grain examiners to comply with 18 requirements of the United States department of labor 19 occupational safety and health administration. 20 b. For the costs of inspection, sampling, 21 analysis, and other expenses necessary for the 22 administration of chapters 192, 194, and 195: 23 $ 642,122 24 3. LABORATORY DIVISION 25 a. For salaries, support, maintenance, and 26 miscellaneous purposes, including the administration 27 of the gypsy moth program, and for not more than the 28 following full-time equivalent positions: 29 $ 845,528 30 FTEs 76.10 31 (1) Of the amount appropriated in this paragraph 32 "a", $110,000 shall be used to administer a program 33 relating to the detection, surveillance, and 34 eradication of the gypsy moth. The department shall 35 allocate and use the appropriation made in this 36 paragraph before moneys other than those appropriated 37 in this paragraph are used to support the program. 38 (2) Of the amount appropriated in this paragraph 39 "a", $25,000 shall be allocated to Iowa state 40 university for purposes of supporting multiflora rose 41 eradication research and projects. 42 (3) Of the amount appropriated in this paragraph 43 "a", $25,000 shall be allocated to support aerial 44 spray calibration efforts at Iowa state university. 45 b. For the operations of the commercial feed 46 programs: 47 $ 735,631 48 c. For the operations of the pesticide programs: 49 $ 1,271,464 50 Of the amount appropriated in this paragraph "c", Page 3 1 $200,000 shall be allocated to Iowa state university 2 for purposes of training commercial pesticide 3 applicators. 4 d. For the operations of the fertilizer programs: 5 $ 626,630 6 4. SOIL CONSERVATION DIVISION 7 a. For salaries, support, maintenance, assistance 8 to soil conservation districts, miscellaneous 9 purposes, and for not more than the following full- 10 time equivalent positions: 11 $ 5,676,476 12 FTEs 177.30 13 (1) Of the amount appropriated in this paragraph 14 "a", $330,000 shall be used to reimburse commissioners 15 of soil and water conservation districts for 16 administrative expenses. Moneys used for the payment 17 of meeting dues by counties shall be matched on a 18 dollar-for-dollar basis by the soil conservation 19 division. 20 (2) Of the amount appropriated and the number of 21 full-time equivalent positions allocated in this 22 paragraph "a", $165,000 and 6.50 FTEs shall be used to 23 provide that 13 part-time field office secretary I 24 positions are made full-time positions. Of the amount 25 appropriated and the number of full-time equivalent 26 positions allocated in paragraph "a", $55,000 and 1 27 FTE shall be used to support a public service 28 executive I position in the field services section of 29 the division. 30 b. To provide financial incentives for soil 31 conservation practices under chapter 161A: 32 $ 5,918,606 33 c. The following requirements apply to the moneys 34 appropriated in paragraph "b": 35 (1) Not more than 5 percent of the moneys 36 appropriated in paragraph "b" may be allocated for 37 cost sharing to abate complaints filed under section 38 161A.47. 39 (2) Of the moneys appropriated in paragraph "b", 5 40 percent shall be allocated for financial incentives to 41 establish practices to protect watersheds above 42 publicly owned lakes of the state from soil erosion 43 and sediment as provided in section 161A.73. 44 (3) Not more than 30 percent of a district's 45 allocation of moneys as financial incentives may be 46 provided for the purpose of establishing management 47 practices to control soil erosion on land that is row 48 cropped, including but not limited to no-till 49 planting, ridge-till planting, contouring, and contour 50 strip-cropping as provided in section 161A.73. Page 4 1 (4) The state soil conservation committee created 2 in section 161A.4 may allocate moneys to conduct 3 research and demonstration projects to promote 4 conservation tillage and nonpoint source pollution 5 control practices. 6 (5) The financial incentive payments may be used 7 in combination with department of natural resources 8 moneys. 9 d. The provisions of section 8.33 shall not apply 10 to the moneys appropriated in paragraph "b". 11 Unencumbered or unobligated moneys remaining on June 12 30, 1999, from moneys appropriated in paragraph "b" 13 for the fiscal year beginning July 1, 1995, shall 14 revert to the general fund on August 31, 1999. 15 Sec. 2. FARMERS' MARKET COUPON PROGRAM. There is 16 appropriated from the general fund of the state to the 17 department of agriculture and land stewardship for the 18 fiscal year beginning July 1, 1995, and ending June 19 30, 1996, the following amount, or so much thereof as 20 is necessary, to be used for the purposes designated: 21 For salaries, support, maintenance, and 22 miscellaneous purposes, to be used by the department 23 to continue and expand the farmers' market coupon 24 program by providing federal special supplemental food 25 program recipients with coupons redeemable at farmers' 26 markets, and for not more than the following full-time 27 equivalent positions: 28 $ 215,335 29 FTEs 1.00 30 Sec. 3. PSEUDORABIES ERADICATION PROGRAM. 31 1. There is appropriated from the general fund of 32 the state to the department of agriculture and land 33 stewardship for the fiscal year beginning July 1, 34 1995, and ending June 30, 1996, the following amount, 35 or so much thereof as is necessary, to be used for the 36 purpose designated: 37 For support of the pseudorabies eradication 38 program: 39 $ 900,200 40 2. Persons, including organizations interested in 41 swine production in this state and in the promotion of 42 Iowa pork products who contribute support to the 43 program, are encouraged to increase financial support 44 for purposes of ensuring the program's effective 45 continuation. 46 Sec. 4. HORSE AND DOG RACING. There is 47 appropriated from the moneys available under section 48 99D.13 to the regulatory division of the department of 49 agriculture and land stewardship for the fiscal year 50 beginning July 1, 1995, and ending June 30, 1996, the Page 5 1 following amount, or so much thereof as is necessary, 2 to be used for the purpose designated: 3 For salaries, support, maintenance, and 4 miscellaneous purposes for the administration of 5 section 99D.22: 6 $ 191,106 7 Sec. 5. INTERSTATE COMPACT ON AGRICULTURAL GRAIN 8 MARKETING. There is appropriated from the general 9 fund of the state to the interstate agricultural grain 10 marketing commission for the fiscal year beginning 11 July 1, 1995, and ending June 30, 1996, the following 12 amount, or so much thereof as is necessary, to be used 13 for the purpose designated: 14 For carrying out duties of the commission as 15 provided in Article IV of the interstate compact on 16 agricultural grain marketing as provided in chapter 17 183: 18 $ 80,000 19 DEPARTMENT OF NATURAL RESOURCES 20 Sec. 6. GENERAL APPROPRIATION. There is 21 appropriated from the general fund of the state to the 22 department of natural resources for the fiscal year 23 beginning July 1, 1995, and ending June 30, 1996, the 24 following amounts, or so much thereof as is necessary, 25 to be used for the purposes designated: 26 1. ADMINISTRATIVE AND SUPPORT SERVICES 27 For salaries, support, maintenance, miscellaneous 28 purposes, and for not more than the following full- 29 time equivalent positions: 30 $ 1,834,654 31 FTEs 113.50 32 2. PARKS AND PRESERVES DIVISION 33 For salaries, support, maintenance, miscellaneous 34 purposes, and for not more than the following full- 35 time equivalent positions: 36 $ 5,510,462 37 FTEs 195.73 38 3. FORESTS AND FORESTRY DIVISION 39 For salaries, support, maintenance, miscellaneous 40 purposes, and for not more than the following full- 41 time equivalent positions: 42 $ 1,479,218 43 FTEs 48.71 44 4. ENERGY AND GEOLOGICAL RESOURCES DIVISION 45 For salaries, support, maintenance, miscellaneous 46 purposes, and for not more than the following full- 47 time equivalent positions: 48 $ 1,663,582 49 FTEs 52.00 50 5. ENVIRONMENTAL PROTECTION DIVISION Page 6 1 a. For salaries, support, maintenance, 2 miscellaneous purposes, and for not more than the 3 following full-time equivalent positions: 4 $ 1,591,943 5 . FTEs 206.00 6 b. Of the amount appropriated and the number of 7 full-time equivalent positions allocated in paragraph 8 "a" at least $49,300 and 1 FTE shall be used to 9 support the regulation of animal feeding operations. 10 6. WATER QUALITY PROTECTION FUND 11 a. For allocation to the administrative account of 12 the water quality protection fund established pursuant 13 to section 455B.183A, to carry out the purpose of that 14 account: 15 $ 404,000 16 b. Of the number of FTEs authorized in subsection 17 5, paragraph "a", 36 FTEs shall be dedicated to 18 carrying out the provisions of chapter 455B relating 19 to the administration, regulation, and enforcement of 20 the federal Safe Drinking Water Act and to support the 21 program to assist supply systems as provided in 22 section 455B.183B. However, the limitation on full- 23 time equivalent positions provided in subsection 5, 24 paragraph "a", shall not limit the number of 25 additional full-time equivalent positions supported by 26 moneys deposited in the water quality protection fund 27 as provided in section 455B.183A, in order to carry 28 out the provisions of division III of chapter 455B 29 relating to the administration, regulation, and 30 enforcement of the federal Safe Drinking Water Act, 31 and the administration of the program to assist supply 32 systems pursuant to section 455B.183B. 33 c. In providing assistance under this subsection, 34 the department shall provide priority to systems 35 serving a population of seven thousand or less. At 36 least two FTEs shall be allocated to provide 37 assistance to systems serving a population of seven 38 thousand or less. 39 7. FISH AND WILDLIFE DIVISION 40 For not more than the following full-time 41 equivalent positions: 42 FTEs 340.93 43 8. WASTE MANAGEMENT ASSISTANCE DIVISION 44 For not more than the following full-time 45 equivalent positions: 46 FTEs 16.75 47 Sec. 7. STATE FISH AND GAME PROTECTION FUND -- 48 APPROPRIATION TO THE DIVISION OF FISH AND WILDLIFE. 49 1. There is appropriated from the state fish and 50 game protection fund to the division of fish and Page 7 1 wildlife of the department of natural resources for 2 the fiscal year beginning July 1, 1995, and ending 3 June 30, 1996, the following amount, or so much 4 thereof as is necessary, to be used for the purposes 5 designated: 6 For administrative support, and for salaries, 7 support, maintenance, equipment, and miscellaneous 8 purposes: 9 $ 20,637,657 10 2. The department shall not expend more moneys 11 from the fish and game protection fund than provided 12 in this section, unless the expenditure derives from 13 contributions made by a private entity, or a grant or 14 moneys received from the federal government, and is 15 approved by the natural resource commission. The 16 department of natural resources shall promptly notify 17 the legislative fiscal bureau and the chairpersons and 18 ranking members of the joint appropriations 19 subcommittee on agriculture and natural resources 20 concerning the commission's approval. 21 Sec. 8. MARINE FUEL TAX RECEIPTS -- NONCAPITALS 22 AND BOATING FACILITIES AND ACCESS. There is 23 appropriated from the marine fuel tax receipts 24 deposited in the general fund of the state to the 25 department of natural resources for the fiscal year 26 beginning July 1, 1995, and ending June 30, 1996, the 27 following amounts, or so much thereof as is necessary, 28 to be used for the purposes designated: 29 1. For purposes of funding expenditures 30 traditionally funded from marine fuel tax revenues, 31 but not considered as capitals or operations: 32 $ 200,000 33 2. For purposes of maintaining and developing 34 boating facilities and access to public waters by the 35 parks and preserves division: 36 $ 411,311 37 Notwithstanding section 8.33, the unencumbered or 38 unobligated moneys remaining on June 30, 1996, from 39 moneys appropriated in subsection 1, may be expended 40 during the fiscal year beginning July 1, 1996, and 41 ending June 30, 1997, and shall not revert to the 42 general fund until August 31, 1997. 43 Sec. 9. SNOWMOBILE FEES -- TRANSFER FOR 44 ENFORCEMENT PURPOSES. There is transferred on July 1, 45 1995, from the fees deposited under section 321G.7 to 46 the fish and game protection fund and appropriated to 47 the department of natural resources for the fiscal 48 year beginning July 1, 1995, and ending June 30, 1996, 49 the following amount, or so much thereof as is 50 necessary, to be used for the purpose designated: Page 8 1 For the purpose of enforcing snowmobile laws as 2 part of the state snowmobile program administered by 3 the department of natural resources: 4 $ 100,000 5 Sec. 10. VESSEL FEES -- TRANSFER FOR ENFORCEMENT 6 PURPOSES. There is transferred on July 1, 1995, from 7 the fees deposited under section 462A.52 to the fish 8 and game protection fund and appropriated to the 9 department of natural resources for the fiscal year 10 beginning July 1, 1995, and ending June 30, 1996, the 11 following amount, or so much thereof as is necessary, 12 to be used for the purpose designated: 13 For purposes of administration and enforcement of 14 navigation laws and water safety: 15 $ 1,200,000 16 RESOURCES ENHANCEMENT AND PROTECTION 17 Sec. 11. GENERAL APPROPRIATION. Notwithstanding 18 the amount of the standing appropriation from the 19 general fund of the state under section 455A.18, 20 subsection 3, there is appropriated from the general 21 fund of the state to the Iowa resources enhancement 22 and protection fund, in lieu of the appropriation made 23 in section 455A.18, for the fiscal year beginning July 24 1, 1995, and ending June 30, 1996, the sum of 25 $8,000,000, of which all moneys shall be allocated as 26 provided in section 455A.19. 27 ANIMAL INDUSTRY APPROPRIATIONS 28 Sec. 12. LIVESTOCK PRODUCERS ASSISTANCE. 29 1. There is appropriated from the general fund of 30 the state to Iowa state university of science and 31 technology, for the fiscal year beginning July 1, 32 1995, and ending June 30, 1996, the following amount, 33 or so much thereof as is necessary, to be used for the 34 purposes designated: 35 For the administration of the livestock producers 36 assistance program established pursuant to section 37 266.39D, including salaries, support, maintenance, 38 miscellaneous purposes, and for not more than the 39 following full-time equivalent positions: 40 $ 100,000 41 FTEs 1.66 42 2. As a condition of this appropriation, the 43 university shall strive to ensure that the program 44 becomes increasingly self-sufficient. The university 45 shall adopt a plan detailing the manner in which the 46 program will become self-sufficient, including the 47 expected amount of state funds necessary to support 48 the program until it becomes self-sufficient, the 49 sources of revenue expected to contribute to the 50 program, and the amount each source is expected to Page 9 1 contribute to the program. The plan shall be 2 submitted to the legislative fiscal bureau by November 3 1, 1995. 4 3. The provisions of section 8.33 shall not apply 5 to the moneys appropriated in this section. 6 Unencumbered or unobligated moneys remaining on June 7 30, 1999, from moneys appropriated in this section for 8 the fiscal year beginning July 1, 1995, shall revert 9 to the general fund on August 31, 1999. 10 Sec. 13. ORGANIC NUTRIENT MANAGEMENT. 11 1. There is appropriated from the general fund of 12 the state to the department of agriculture and land 13 stewardship for the fiscal year beginning July 1, 14 1995, and ending June 30, 1996, the following amount, 15 or so much thereof as is necessary, to be used for the 16 purposes designated: 17 For deposit in the organic nutrient management fund 18 for administration of the organic nutrient management 19 program, as provided in section 161C.6: 20 $ 400,000 21 2. Notwithstanding section 161C.5, unencumbered or 22 unobligated moneys remaining on June 30, 1999, from 23 moneys appropriated in this section for the fiscal 24 year beginning July 1, 1995, shall revert to the 25 general fund on August 31, 1999. 26 RELATED APPROPRIATIONS 27 Sec. 14. TRANSFERS FROM THE WATER PROTECTION FUND. 28 Notwithstanding section 161C.4 and the reversion and 29 allocation provisions in section 455A.19, subsection 30 1, paragraph "c", of the unencumbered and unobligated 31 moneys remaining on the effective date of this 32 section, in the water protection fund created pursuant 33 to section 161C.4, the following amounts shall be 34 transferred first from the water protection practices 35 account, and if necessary from the water quality 36 protection projects account, which shall be used for 37 the following purposes: 38 1. To the organic nutrient management fund created 39 in section 161C.5 for the purposes of carrying out the 40 organic nutrient management program as provided in 41 section 161C.6: 42 $ 350,000 43 2. To provide financial incentives for soil 44 conservation practices under chapter 161A, as provided 45 in section 1 of this Act: 46 $ 500,000 47 Moneys provided in this section shall be 48 transferred first to the organic nutrient management 49 fund as provided in subsection 1 before remaining 50 moneys are transferred to provide financial incentives Page 10 1 for soil conservation as provided in subsection 2. 2 The provisions of section 8.33 shall not apply to 3 the moneys transferred pursuant to this section. 4 Unencumbered or unobligated moneys remaining on June 5 30, 1999, from moneys transferred pursuant to this 6 section for the fiscal year beginning July 1, 1995, 7 shall revert to the account from which transferred on 8 August 31, 1999. 9 Sec. 15. REVENUE ADMINISTERED BY THE IOWA 10 COMPREHENSIVE UNDERGROUND STORAGE TANK FUND BOARD -- 11 TRANSFER. There is appropriated from the unassigned 12 revenue fund administered by the Iowa comprehensive 13 underground storage tank fund board, to the department 14 of natural resources for the fiscal year beginning 15 July 1, 1995, and ending June 30, 1996, the following 16 amount, or so much thereof as is necessary, to be used 17 for the purpose designated: 18 For administration expenses of the underground 19 storage tank section of the department of natural 20 resources: 21 $ 75,000 22 Sec. 16. TRANSFER -- AIR QUALITY. For the fiscal 23 year beginning July 1, 1995, and ending June 30, 1996, 24 the department of natural resources may transfer up to 25 $281,000 from the hazardous substance remedial fund to 26 support purposes related to carrying out the duties of 27 the commission under section 455B.133, or the director 28 under section 455B.134, or for carrying out the 29 provisions of chapter 455B, division II. 30 Sec. 17. WIND EROSION CONTROL FUND. On the 31 effective date of this section, all unencumbered or 32 unobligated moneys appropriated to the wind erosion 33 control fund, and any unencumbered or unobligated 34 moneys which have been credited to the division of 35 soil conservation of the department of agriculture and 36 land stewardship for purposes of planting and 37 maintaining wind erosion control barriers, as 38 originally provided in 1978 Iowa Acts, chapter 1108, 39 section 7, and subsequently amended, shall be 40 transferred to the road use tax fund created in 41 section 312.1. 42 MISCELLANEOUS 43 Sec. 18. STATE NURSERIES. Notwithstanding section 44 17A.2, subsection 10, paragraph "g", the department of 45 natural resources shall adopt administrative rules 46 establishing prices of plant material grown at the 47 state forest nurseries to cover all expenses related 48 to the growing of the plants. 49 The department shall develop programs to encourage 50 the wise management and preservation of existing Page 11 1 woodlands and shall continue its efforts to encourage 2 forestation and reforestation on private and public 3 lands in the state. 4 The department shall encourage a cooperative 5 relationship between the state forest nurseries and 6 private nurseries in the state in order to achieve 7 these goals. 8 Sec. 19. HUNGRY CANYONS CONFERENCE. 9 1. The department of natural resources in 10 cooperation with the loess hills development and 11 conservation authority, shall sponsor a conference not 12 later than September 1, 1995, regarding the erosion 13 and degradation of stream channels in counties in the 14 deep loess region of western Iowa, and specifically 15 the area referred to as hungry canyons. The 16 conference shall discuss the impacts of the erosion 17 and degradation of stream channels in the area and its 18 adverse effect upon rural infrastructure, including 19 public roads and bridges, agricultural production, 20 stream water quality, and riparian habitat. The 21 conference shall consider impacts of policies of the 22 United States army corps of engineers upon the area. 23 2. Conferees shall include representatives of the 24 department of natural resources, the loess hills 25 development and conservation authority, the division 26 of soil conservation of the department of agriculture 27 and land stewardship, and the state department of 28 transportation. Each soil and water conservation 29 district in the area may elect one commissioner to 30 serve as a conferee. Each county board of supervisors 31 in a county in the area may elect one supervisor to 32 serve as a conferee. The department of natural 33 resources shall invite other interested persons to 34 serve as conferees, including members of Iowa's 35 congressional delegation, the chairperson and ranking 36 member of the standing committee on natural resources, 37 environment and energy of the senate, the chairperson 38 and ranking member of the standing committees on 39 natural resources and environmental protection of the 40 house of representatives, the chairpersons and ranking 41 members of the joint appropriations subcommittee on 42 agriculture and natural resources, members of the Iowa 43 general assembly who represent affected legislative 44 districts, and representatives of the United States 45 army corps of engineers, the United States 46 environmental protection agency, the United States 47 department of interior, and the natural resources 48 conservation service of the United States department 49 of agriculture. 50 3. The department of natural resources shall Page 12 1 report to the general assembly not later than January 2 15, 1996, regarding findings and recommendations of 3 the conferees. 4 Sec. 20. TRANSFER OF MONEYS OR POSITIONS; CHANGES 5 IN TABLES OF ORGANIZATION -- NOTIFICATION. Each 6 fiscal quarter of the fiscal year beginning July 1, 7 1995, the department of agriculture and land 8 stewardship and the department of natural resources 9 shall notify the chairpersons, vice chairpersons, and 10 ranking members of the joint appropriations 11 subcommittee on agriculture and natural resources for 12 the previous fiscal quarter of any transfer of moneys 13 or full-time equivalent positions made by either 14 department which is not authorized in this Act, or any 15 permanent position added to or deleted from either 16 department's table of organization. 17 Sec. 21. TRUST FUND INFORMATION. For the fiscal 18 year beginning July 1, 1995, and ending June 30, 1996, 19 the department of revenue and finance in cooperation 20 with each appropriate agency shall track receipts to 21 the general fund of the state which under law were 22 previously collected to be used for specific purposes, 23 or to be credited to, or be deposited to a particular 24 account or fund, as provided in section 8.60. 25 The department of revenue and finance and each 26 appropriate agency shall prepare reports detailing 27 revenue from receipts previously deposited into each 28 of the funds. A report shall be submitted to the 29 legislative fiscal bureau at least once for each 30 three-month period as designated by the legislative 31 fiscal bureau. 32 Sec. 22. DEPARTMENTAL INFORMATION REQUIRED. 33 1. For the fiscal year beginning July 1, 1995, and 34 ending June 30, 1996, the department of agriculture 35 and land stewardship and the department of natural 36 resources, in cooperation as necessary with the 37 department of management and the department of 38 personnel, shall provide a list to the legislative 39 fiscal bureau, on a quarterly basis, of all permanent 40 positions added to or deleted from the departments' 41 table of organization in the previous fiscal quarter. 42 This list shall include at least the position number, 43 salary range, projected funding source or sources of 44 each position, and the reason for the addition or 45 deletion. The legislative fiscal bureau may use this 46 information to assist in the establishment of the 47 full-time equivalent position limits authorized in law 48 for the departments. 49 2. For the fiscal year beginning July 1, 1995, and 50 ending June 30, 1996, the department of natural Page 13 1 resources shall provide the legislative fiscal bureau 2 information and financial data by cost center, on at 3 least a monthly basis, relating to the indirect cost 4 accounting procedure, the amount of funding from each 5 funding source for each cost center, and the internal 6 budget system used by the department. The information 7 shall include but is not limited to financial data 8 covering the department's budget by cost center and 9 funding source prior to the start of the fiscal year, 10 and to the department's actual expenditures by cost 11 center and funding source after the accounting system 12 has been closed for that fiscal year. 13 3. For the fiscal year beginning July 1, 1995, and 14 ending June 30, 1996, the department of agriculture 15 and land stewardship shall provide the legislative 16 fiscal bureau information and financial data on at 17 least a monthly basis, relating to the internal budget 18 system used by the department. The information shall 19 include but is not limited to financial data covering 20 the department's budget prior to the start of the 21 fiscal year, and to the department's actual 22 expenditures after the accounting system has been 23 closed for that fiscal year. 24 Sec. 23. DIRECTION TO CODE EDITOR -- UPDATE 25 REFERENCES TO UNITS REORGANIZED UNDER THE UNITED 26 STATES DEPARTMENT OF AGRICULTURE. The Code editor is 27 directed, to every extent possible, to update 28 references in the Code relating to units of government 29 under the authority of the United States department of 30 agriculture to conform with the current names of those 31 units. 32 Sec. 24. PREFERENCE PROVIDED -- PERSONS MEETING 33 ELIGIBILITY REQUIREMENTS OF THE GREEN THUMB PROGRAM. 34 In its employment of persons in temporary positions in 35 conservation and outdoor recreation for the fiscal 36 year beginning July 1, 1995, and ending June 30, 1996, 37 the department of natural resources shall give 38 preference to persons meeting eligibility requirements 39 for the green thumb program and to persons working 40 toward an advanced education in natural resources and 41 conservation. 42 Sec. 25. GYPSY MOTH LITIGATION. The department of 43 agriculture and land stewardship and the office of the 44 attorney general shall cooperate in bringing legal 45 action against parties liable for damages caused by 46 the shipment from the state of Michigan of trees or 47 other plants infested with gypsy moths. 48 Sec. 26. SOIL CONSERVATION DIVISION -- USE OF 49 UNOBLIGATED MONEYS FOR THE PURCHASE OF EQUIPMENT. 50 Notwithstanding section 8.33, or 1994 Iowa Acts, Page 14 1 chapter 1199, section 8, subsection 17, and section 2 88, the moneys appropriated to the soil conservation 3 division of the department of agriculture and land 4 stewardship pursuant to chapter 1199, section 8, 5 subsection 17, and section 88, which are not obligated 6 or encumbered on June 30, 1995, for purposes of 7 supporting soil conservation technicians, shall not 8 revert to the general fund of the state but shall be 9 used by the division of soil conservation for the 10 fiscal year beginning July 1, 1995, and ending June 11 30, 1996, for purposes of purchasing equipment for 12 soil conservation field offices. 13 Sec. 27. ANIMAL FEEDING OPERATIONS -- PILOT 14 PROJECTS. There is appropriated from the general fund 15 of the state to the division of soil conservation of 16 the department of agriculture and land stewardship for 17 the fiscal year beginning July 1, 1995, and ending 18 June 30, 1996, the following amount, or so much 19 thereof as is necessary, to be used for the purposes 20 designated: 21 For purposes of supporting pilot projects to 22 determine the impact of plantings, including fast 23 growing trees, surrounding manure storage structures 24 which are connected to or part of an animal feeding 25 operation, in reducing or redirecting the dispersal of 26 odor originating from such structure: 27 $ 50,000 28 The moneys shall be awarded to the owner of an 29 animal feeding operation who applies to the division 30 according to procedures adopted by the division. The 31 division shall provide for an initial application 32 period of sixty days in which not more than one person 33 from each county may be awarded moneys under this 34 section. After the completion of the initial 35 application period, any person may be awarded moneys 36 under this section, regardless of whether another 37 person in the same county has received an award. All 38 moneys shall be awarded on a cost-share basis. 39 However, a person shall not receive more than $1,500, 40 regardless of the number of animal feeding operations 41 owned by the person. 42 The division shall submit a report containing 43 findings and recommendations to the general assembly 44 not later than January 10, 1998. 45 On August 31 following the close of the fiscal year 46 beginning July 1, 1995, and ending June 30, 1996, 47 moneys which are not obligated or encumbered on June 48 30, 1996, shall be deposited into the organic nutrient 49 management fund as created in section 161C.5 for 50 purposes of supporting the organic nutrient management Page 15 1 program. 2 Sec. 28. AIR QUALITY PROGRAM -- NONGENERAL FUND 3 SUPPORT. The department of natural resources for the 4 fiscal year beginning July 1, 1995, and ending June 5 30, 1996, shall not use moneys appropriated from the 6 general fund of the state pursuant to this Act, to 7 support any purpose related to carrying out the duties 8 of the commission under section 455B.133 or the 9 director under section 455B.134, or for carrying out 10 the provisions of chapter 455B, division II. 11 Notwithstanding section 455B.133B, the department 12 may use moneys deposited in the air contaminant source 13 fund created in section 455B.133B during the fiscal 14 year beginning July 1, 1995, and ending June 30, 1996, 15 for any purpose related to carrying out the duties of 16 the commission under section 455B.133 or the director 17 under section 455B.134, or for carrying out the 18 provisions of chapter 455B, division II. 19 Sec. 29. RULES RELATING TO PESTICIDE AND 20 FERTILIZER CONTAMINATED SITES -- ENVIRONMENTAL 21 PROTECTION COMMISSION. The environmental protection 22 commission shall adopt all rules required to establish 23 criteria for the classification and prioritization of 24 sites upon which pesticide or fertilizer contamination 25 has been discovered, as provided in section 455B.601 26 not later than January 1, 1996. 27 STATUTORY CHANGES 28 Sec. 30. 1993 Iowa Acts, chapter 176, section 25, 29 subsection 2, as amended by 1994 Iowa Acts, chapter 30 1198, section 31, is amended to read as follows: 31 2. Notwithstanding section 8.33, unencumbered or 32 unobligated moneys remaining on June 30, 1993, from 33 moneys appropriated pursuant to 1992 Iowa Acts, Second 34 Extraordinary Session, chapter 1001, section 402, may 35 be expended during the fiscal period beginning July 1, 36 1993, and ending June 30,19951996, and shall not 37 revert to the general fund until August 31,19951996. 38 Sec. 31. 1994 Iowa Acts, chapter 1119, section 32, 39 subsection 2, unnumbered paragraph 1, is amended to 40 read as follows: 41 Notwithstanding section 423.24, as amended in this 42 Act, for each fiscal year of the period beginning on 43 July 1, 1993, and endingJuly 1, 1994June 30, 1996, 44 an amount equal to two and one-half percent of the 45 total moneys used to support value-added agricultural 46 products and processes as provided in that section, 47 which would otherwise be allocated to the value-added 48 agricultural products and processes financial 49 assistance fund, shall instead be allocated to the 50 office of renewable fuels and coproducts. The moneys Page 16 1 shall be used for purposes of conducting soydiesel 2 demonstration projects administered by the state 3 department of transportation under the oversight of 4 the renewable fuels and coproducts advisory committee. 5 Sec. 32. 1994 Iowa Acts, chapter 1119, section 32, 6 subsection 2, paragraph b, is amended to read as 7 follows: 8 b. The state department of transportation shall 9 evaluate the performance of vehicles operating on 10 soydiesel fuel, including the rate of repairs on the 11 vehicles and comments of persons operating and 12 maintaining the vehicles. The department shall submit 13 initial findings and recommendations to the renewable 14 fuels and coproducts advisory committee which shall 15 submit a report to the senate and chief clerk of the 16 house, the legislative service bureau, the 17 chairpersons and ranking members of the senate 18 standing committee on agriculture, the senate standing 19 committee on small business, economic development and 20 tourism, the house of representatives standing 21 committee on agriculture, and the house of 22 representatives standing committee on small business, 23 economic development and trade. The department shall 24 submit final findings and recommendations to the 25 renewable fuels and coproducts advisory committee 26 which shall submit a report to the general assembly. 27TheAn initial report shall be due on October 1, 1994.28The final, an interim report shall be due on March 1, 29 1995, and a final report shall be due on October 1, 30 1996. 31 Sec. 33. 1994 Iowa Acts, chapter 1119, section 32, 32 subsection 2, paragraph d, is amended to read as 33 follows: 34 d. Moneys available under this section which 35 remain unexpended or unobligated on June 30, 1994, 36 shall remain available to support the demonstration 37 project and shall not revert pursuant to section 8.33. 38 Moneys remaining unexpended or unobligated on June 30, 3919951996, shall be credited to the value-added 40 agricultural products and processes financial 41 assistance fund as created in section 15E.112. 42 Sec. 34. Section 8.60, Code 1995, is amended to 43 read as follows: 44 8.60 USE OF DESIGNATED MONEYS. 45 Moneys credited to or deposited in the general fund 46 of the state on or after July 1, 1993, which under law 47 were previously collected to be used for specific 48 purposes, or to be credited to, or be deposited to a 49 particular account or fund shall only be used for the 50 purposes for which the moneys were collected, Page 17 1 including but not limited to moneys collected in 2 accordance with any of the following provisions: 3 1. Pari-mutuel regulation fund created in section 4 99D.17, Code Supplement 1993. 5 2. Excursion boat gambling special account 6 pursuant to section 99F.4, subsection 2, Code 7 Supplement 1993. 83. Milk fund created in section 192.111, Code9Supplement 1993.104. Dairy trade practices trust fund pursuant to11section 192A.30, Code Supplement 1993.125. Commercial feed fund created in section 198.9,13Code Supplement 1993.146. Fertilizer fund created in section 200.9, Code15Supplement 1993.167. Pesticide fund created in section 206.12, Code17Supplement 1993.188.3. Motor vehicle fraud account pursuant to 19 section 312.2, subsection 13, Code Supplement 1993. 209.4. Public transit assistance fund pursuant to 21 section 312.2, subsection 15, and section 324A.6, Code 22 Supplement 1993. 2310.5. Salvage vehicle fee paid to the Iowa law 24 enforcement academy pursuant to section 321.52, Code 25 Supplement 1993. 2611.6. Railroad assistance fund created in section 27 327H.18, Code Supplement 1993. 2812.7. Special railroad facility fund created in 29 section 327I.23, Code Supplement 1993. 3013.8. State aviation fund created in section 31 328.36, Code Supplement 1993. 3214. Marine fuel tax fund created in section33452A.79, Code Supplement 1993.3415.9. Public outdoor recreation and resources 35 fund pursuant to section 461A.79, Code Supplement 36 1993. 3716.10. Energy research and development fund 38 created in section 473.11, Code Supplement 1993. 3917.11. Utilities trust fund created in section 40 476.10, Code Supplement 1993. 4118.12. Banking revolving fund created in section 42 524.207, Code Supplement 1993. 4319.13. Credit union revolving fund created in 44 section 533.67, Code Supplement 1993. 4520.14. Professional licensing revolving fund 46 created in section 546.10, Code Supplement 1993. 47 Sec. 35. Section 161C.4, unnumbered paragraph 1, 48 Code 1995, is amended to read as follows: 49 A water protection fund is created within the 50 division. The fund is composed of money appropriated Page 18 1 by the general assembly for that purpose, and moneys 2 available to and obtained or accepted by the state 3 soil conservation committee from the United States or 4 private sources for placement in the fund. The fund 5 shall be divided into two accounts, the water quality 6 protection projects account and the water protection 7 practices account. The first account shall be used to 8 carry out water quality protection projects to protect 9 the state's surface and groundwater from point and 10 nonpoint sources of contamination. The second account 11 shall be used to establish water protection practices 12 with individual landowners including but not limited 13 to woodland establishment and protection, 14 establishment of native grasses and forbs, sinkhole 15 management, agricultural drainage well management, 16 streambank stabilization, grass waterway 17 establishment, stream buffer strip establishment, and 18 erosion control structure construction. Twenty-five 19 percent of funds appropriated to the water protection 20 practices account shall be used for woodland 21 establishment and protection, and establishment of 22 native grasses and forbs. Soil and water conservation 23 district commissioners shall give priority to 24 applications for practices that implement their soil 25 and water resource conservation plan. The fund shall 26 be a revolving fund from which moneys may be used for 27 loans, grants, administrative costs, and cost-sharing. 28 Sec. 36. Section 192.111, subsection 3, Code 1995, 29 is amended by striking the subsection. 30 Sec. 37. NEW SECTION. 192.112 MILK FUND. 31 1. A milk fund is established in the state 32 treasury under the control of the department. The 33 fund shall consist of any money appropriated by the 34 general assembly and any other moneys available to and 35 obtained or accepted by the department from the 36 federal government or private sources for placement in 37 the fund. Fees collected under sections 192.111, 38 192.133, 194.14, 194.19, 194.20, and 195.9 shall be 39 deposited in the fund. All moneys deposited under 40 this section are appropriated to the department for 41 the costs of inspection, sampling, analysis, and other 42 expenses necessary for the administration of this 43 chapter and chapters 194 and 195. 44 2. In each fiscal year, the secretary shall 45 calculate the balance of funds deposited under this 46 section by subtracting all moneys expended for the 47 costs of inspection, sampling, analysis, and other 48 expenses necessary for the administration of this 49 chapter and chapters 194 and 195. If the calculation 50 shows a balance of funds deposited under this section Page 19 1 on June 30 of any fiscal year equal to or exceeding 2 one hundred fifty thousand dollars, the secretary 3 shall reduce the fees provided for in section 192.111 4 and section 194.20 for the next fiscal year in an 5 amount which will result in an ending estimated 6 balance of such funds for June 30 of the next fiscal 7 year of one hundred fifty thousand dollars. 8 3. All moneys in the milk fund are subject to 9 audit by the auditor of state. The milk fund is 10 subject at all times to warrants by the director of 11 revenue and finance, drawn upon written requisition of 12 the secretary. Notwithstanding section 8.33, moneys 13 in the milk fund shall remain in the milk fund and 14 shall not revert to the general fund of the state. 15 Notwithstanding section 12C.7, subsection 2, interest 16 or earnings on moneys deposited in the milk fund shall 17 be credited to the milk fund. 18 Sec. 38. Section 192.133, Code 1995, is amended to 19 read as follows: 20 192.133 LICENSE TERM -- FEES. 21 A license, unless earlier revoked, is valid until 22 July 1 after the date of its issuance. The maximum 23 fee for a license is twenty-five dollars, which shall 24 be paid before the license is issued, and standard 25 test bottles and pipettes shall be furnished at actual 26 cost. Fees collected under this section shall be 27 depositedand used as required in section 192.111in 28 the milk fund established in section 192.112. 29 Sec. 39. Section 192A.30, Code 1995, is amended to 30 read as follows: 31 192A.30 PERMIT FEES. 32 For the purpose of administering and enforcing this 33 chapter, a processor or a person purchasing milk 34 products from a processor for wholesale distribution 35 shall obtain a permit, as provided by departmental 36 rule, before milk products are sold by the person or 37 wholesale purchaser in this state. The processor or 38 wholesale purchaser shall pay to the secretary a 39 permit fee in an amount set by the secretary, not to 40 exceed five mills per hundredweight on milk processed 41 into dairy products as defined in section 192A.1, and 42 sold within the state of Iowa. However, the permit 43 fee for the sale of ice cream or an additive variant 44 of ice cream or nonmilk-fat imitation shall not exceed 45 three mills per gallon. Products upon which fees have 46 been paid are exempt from further fees in successive 47 transactions. The fees for each month thus computed 48 shall be paid to the secretary on or before the 49 twenty-fifth day of the following month. The fees 50 shall be deposited in the milk fund established in Page 20 1 section 192.112. 2Fees paid to the secretary shall be deposited into3the general fund of the state and shall be subject to4the requirements of section 8.60.5 Sec. 40. Section 194.14, Code 1995, is amended to 6 read as follows: 7 194.14 LICENSE TERM -- FEES. 8 A milk grader's license, unless sooner revoked, is 9 valid until July 1 after the date of issuance. The 10 maximum fee for each license is ten dollars, which 11 shall be paid before the license is issued. Fees 12 collected under this section shall be depositedand13used as required in section 192.111in the milk fund 14 established pursuant to section 192.112. 15 Sec. 41. Section 194.19, unnumbered paragraph 1, 16 Code 1995, is amended to read as follows: 17 A vehicle used for the collection of milk for 18 manufacture of dairy products shall first be licensed 19 by the department. A license, unless earlier revoked, 20 is valid until July 1 after the date of its issuance. 21 The maximum fee for a license is twenty-five dollars, 22 which shall be paid before the license is issued. A 23 fee shall not be imposed under this section if the 24 vehicle or its operator has paid the fee imposed upon 25 milk haulers under section 192.111. Fees collected 26 under this section shall be depositedand used as27required in section 192.111in the milk fund 28 established in section 192.112. This section does not 29 apply to individuals transporting their own dairy 30 products. 31 Sec. 42. Section 194.20, Code 1995, is amended to 32 read as follows: 33 194.20 INSPECTION FEES -- GRADE "B" MILK. 34 A purchaser of milk from a grade "B" milk producer 35 shall pay an inspection fee not greater than one-half 36 cent per hundredweight. The fee is payable monthly to 37 the department at a time prescribed by the department. 38 Fees collected under this section shall be deposited 39and used as required in section 192.111in the milk 40 fund established in section 192.112. 41 Sec. 43. Section 195.9, Code 1995, is amended to 42 read as follows: 43 195.9 LICENSE TERM -- FEES. 44 A license, unless sooner revoked, is valid until 45 July 1 after the date of its issuance. The maximum 46 fee for a license is twenty-five dollars which shall 47 be paid before the license is issued. Fees collected 48 under this section shall be depositedand used as49required in section 192.111in the milk fund 50 established in section 192.112. Page 21 1 Sec. 44. Section 198.9, subsection 3, Code 1995, 2 is amended to read as follows: 3 3. Fees collected shall be deposited in the 4general fund of the state and shall be subject to the5requirements of section 8.60commercial feed trust 6 fund established in section 198.9A.Moneysdeposited7under this section shall be used for the payment of8the costs of inspection, sampling, analysis,9supportive research, and other expenses necessary for10the administration of this chapter.11If there is an unencumbered balance of funds from12the fees deposited under this section on June 30 of13any fiscal year equal to or exceeding one hundred14thousand dollars, the secretary of agriculture shall15reduce the per ton fee provided for in subsection 116for the next fiscal year in such amount as will result17in an ending estimated balance of the fees deposited18less costs paid for from those fees for June 30 of the19next fiscal year of one hundred thousand dollars.20The secretary shall publish a report not later than21September 1 of each year. The report shall provide a22detailed accounting of all sources of revenue23deposited under and all dispositions of funds expended24under this section. The report shall detail full-time25equivalent positions used in fulfilling the26requirements of this chapter. The report shall also27indicate to what extent any full-time equivalent28positions are shared with other programs. Copies of29the report issued by the secretary pursuant to this30subsection shall be delivered each year to the members31of the house of representatives and senate standing32committees on agriculture.33 Sec. 45. NEW SECTION. 198.9A COMMERCIAL FEED 34 TRUST FUND. 35 1. A commercial feed trust fund is established in 36 the state treasury under the control of the 37 department. The fund shall consist of any moneys 38 appropriated to the fund by the general assembly and 39 any other moneys available to and obtained or accepted 40 by the department from the federal government or 41 private sources for placement in the fund. Fees 42 collected under section 198.9 shall be deposited in 43 the fund. Moneys deposited in the fund shall be used 44 for the payment of the costs of inspection, sampling, 45 analysis, supportive research, and other expenses 46 necessary for the administration of this chapter. 47 2. If there is an unencumbered balance of moneys 48 in the fund on June 30 of any fiscal year equal to or 49 exceeding one hundred thousand dollars, the secretary 50 of agriculture shall reduce the per ton fee provided Page 22 1 for in section 198.9, subsection 1, for the next 2 fiscal year in such amount as will result in an ending 3 estimated balance of the fees deposited less costs 4 paid for from those fees for June 30 of the next 5 fiscal year of one hundred thousand dollars. 6 3. The secretary shall publish a report not later 7 than September 1 of each year. The report shall 8 provide a detailed accounting of all sources of 9 revenue deposited under and all dispositions of moneys 10 deposited in the fund. The report shall detail full- 11 time equivalent positions used in fulfilling the 12 requirements of this chapter. The report shall also 13 indicate to what extent any full-time equivalent 14 positions are shared with other programs. Copies of 15 the report issued by the secretary pursuant to this 16 subsection shall be delivered each year to the members 17 of the standing committees on agriculture of the house 18 of representatives and the senate. 19 Sec. 46. Section 200.4, subsection 1, Code 1995, 20 is amended to read as follows: 21 1. Any person who manufactures, mixes, blends, 22 mixes to customers order, offers for sale, sells, or 23 distributes any fertilizer or soil conditioner in Iowa 24 must first obtain a license from the secretary of 25 agriculture and shall pay a ten-dollar license fee for 26 each place of manufacture or distribution from which 27 fertilizer or soil conditioner products are sold or 28 distributed in Iowa.SuchThe license fee shall be 29 paid annually on July 1 of each year. The license fee 30 shall be deposited in the fertilizer fund established 31 in section 200.9. 32 Sec. 47. Section 200.8, subsection 3, Code 1995, 33 is amended by striking the subsection. 34 Sec. 48. Section 200.9, Code 1995, is amended to 35 read as follows: 36 200.9 FERTILIZERFEESFUND. 37 1. A fertilizer fund is established in the state 38 treasury under the control of the department of 39 agriculture and land stewardship. The fund shall 40 consist of any moneys appropriated by the general 41 assembly and any other moneys available to and 42 obtained or accepted by the department from the 43 federal government or private sources for placement in 44 the fund. Fees collected for licenses and inspection 45 fees under sections 200.4 and 200.8, with the 46 exception of those fees collected for deposit in the 47 agriculture management account of the groundwater 48 protection fund, shall be deposited in thegeneral49 fundof the state and shall be subject to the50requirements of section 8.60. Fees collected pursuant Page 23 1 to chapter 201 shall also be deposited in the fund. 2 Moneys depositedunder this section tointo the 3generalfund from fees collected pursuant to this 4 chapter shall be used only by the department for the 5 purpose of inspection, sampling, analysis, 6 preparation, and publishing of reports and other 7 expenses necessary for administration of this chapter 8 and chapter 201. The secretary may assign moneys to 9 the Iowa agricultural experiment station for research, 10 work projects, and investigations as needed for the 11 specific purpose of improving the regulatory functions 12 for enforcement of this chapter. 13 2. If there is an unencumbered balance of moneys 14 deposited in the fund from fees collected pursuant to 15 this chapter on June 30 of any fiscal year equal to or 16 exceeding three hundred fifty thousand dollars, the 17 secretary of agriculture shall reduce the per ton fee 18 provided for in subsection 1 and the annual license 19 fee established pursuant to section 201.3 for the next 20 fiscal year in such amount as will result in an ending 21 estimated balance of such funds for June 30 of the 22 next fiscal year of three hundred fifty thousand 23 dollars. 24 3. All moneys in the fund are subject to audit by 25 the auditor of state. The fund is subject at all 26 times to warrants by the director of revenue and 27 finance, drawn upon written requisition of the 28 secretary. Notwithstanding section 8.33, moneys in 29 the fertilizer fund shall remain in the fertilizer 30 fund and shall not revert to the general fund of the 31 state. Notwithstanding section 12C.7, subsection 2, 32 interest or earnings on moneys deposited in the 33 fertilizer fund shall be credited to the fertilizer 34 fund. 35 Sec. 49. Section 201.13, Code 1995, is amended to 36 read as follows: 37 201.13 MONEYS TOGENERALTHE FERTILIZER FUND -- 38 PERIODIC REPORT. 39 The moneys received under this chapter shall be 40 deposited in thegeneral fund of the state and shall41be subject to the requirements of section 8.60.42Moneys deposited under this section shall be used by43the department of agriculture and land stewardship44only for the purpose of inspection, sampling,45analyzing, preparing and publishing of reports, and46other expenses necessary for the administration of47this chapterfertilizer fund as provided in section 48 200.9. The secretary shall issue an annual report 49 showing a statement of moneys received from license 50 and testing fees, and a biennial report which shall be Page 24 1 made available to the public showing the 2 certifications of the effective calcium carbonate 3 equivalent for all agricultural lime, limestone, or 4 aglime certified as provided in this chapter. The 5 report shall list the manufacturers and producers and 6 their locations. Copies of all reports issued by the 7 secretary pursuant to this section shall be sent to 8 the members of the house of representatives and senate 9 standing committees on agriculture. 10 Sec. 50. Section 206.12, subsection 3, Code 1995, 11 is amended to read as follows: 12 3. The registrant, before selling or offering for 13 sale any pesticide for use in this state, shall 14 register each brand and grade of such pesticide with 15 the secretary upon forms furnished by the secretary, 16 and the secretary shall set the registration fee 17 annually at one-fifth of one percent of gross sales 18 within this state with a minimum fee of two hundred 19 fifty dollars and a maximum fee of three thousand 20 dollars for each and every brand and grade to be 21 offered for sale in this state except as otherwise 22 provided. The annual registration fee for products 23 with gross annual sales in this state of less than one 24 million five hundred thousand dollars shall be the 25 greater of two hundred fifty dollars or one-fifth of 26 one percent of the gross annual sales as established 27 by affidavit of the registrant. The secretary shall 28 adopt by rule exemptions to the minimum fee. Fifty 29 dollars of each fee collected shall be deposited in 30 thegeneral fund of the state, shall be subject to the31requirements of section 8.60, and shall be used only32for the purpose of enforcing the provisions of this33chapterpesticide fund established in section 206.12A, 34 and the remainder of each fee collected shall be 35 placed in the agriculture management account of the 36 groundwater protection fund. 37 Sec. 51. NEW SECTION. 206.12A PESTICIDE FUND. 38 1. A pesticide fund is established in the state 39 treasury under the control of the department. The 40 fund shall consist of any moneys appropriated to the 41 fund by the general assembly and any other moneys 42 available to and obtained or accepted by the 43 department from the federal government or private 44 sources for placement in the fund. Fees collected 45 under section 206.12 shall be deposited in the fund. 46 The moneys in the fund shall be used only for the 47 purpose of enforcing the provisions of this chapter. 48 2. All moneys in the pesticide fund are subject to 49 audit by the auditor of state. The fund is subject at 50 all times to warrants by the director of revenue and Page 25 1 finance, drawn upon written requisition of the 2 secretary. Notwithstanding section 8.33, moneys in 3 the pesticide fund shall remain in the fund and shall 4 not revert to the general fund of the state. 5 Notwithstanding section 12C.7, subsection 2, interest 6 or earnings on moneys deposited in the pesticide fund 7 shall be credited to the pesticide fund. 8 Sec. 52. Section 331.427, subsection 2, Code 1995, 9 is amended by adding the following new paragraph: 10 NEW PARAGRAPH. m. Closure and postclosure care of 11 a sanitary disposal project under section 455B.302. 12 Sec. 53. Section 452A.79, unnumbered paragraph 2, 13 and subsections 1, 2, 3, 4, and 5, Code 1995, are 14 amended to read as follows: 15 All moneys derived from the excise tax on the sale 16 of motor fuel used in watercraft shall be deposited in 17 thegeneralmarine fuel tax fundof the state18 established in section 452A.83.Moneys deposited to19the general fund under this section and section20452A.84 are subject to the requirements of section218.60 and are subject to appropriation by the general22assembly to the department of natural resources for23use in its recreational boating program, which may24include but is not limited to:251. Dredging and renovation of natural lakes of26this state.272. Acquisition, development and maintenance of28access to public boating waters.293. Development and maintenance of boating30facilities and navigation aids.314. Administration, operation, and maintenance of32recreational boating activities of the department of33natural resources.345. Acquisition, development and maintenance of35recreation facilities associated with recreational36boating.37 Sec. 54. NEW SECTION. 452A.83 MARINE FUEL TAX 38 FUND. 39 1. A marine fuel tax fund is established in the 40 state treasury under the control of the department. 41 The fund shall consist of any moneys appropriated to 42 the fund by the general assembly and any other moneys 43 available to and obtained or accepted by the 44 department from the federal government or private 45 sources for placement in the fund. Moneys collected 46 pursuant to section 452A.79 shall be deposited in the 47 fund. Moneys collected pursuant to this chapter from 48 the motor fuel tax fund shall be transferred to the 49 fund as provided in section 452A.84. 50 2. Moneys deposited or transferred into the fund Page 26 1 are subject to appropriation by the general assembly 2 to the department of natural resources for its 3 recreational boating program which may include, but is 4 not limited to: 5 a. Dredging and renovation of natural lakes of 6 this state. 7 b. Acquisition, development, and maintenance of 8 access to public boating waters. 9 c. Development and maintenance of boating 10 facilities and navigation aids. 11 d. Administration, operation, and maintenance of 12 recreational boating activities of the department of 13 natural resources. 14 e. Acquisition, development, and maintenance of 15 recreation facilities associated with recreational 16 boating. 17 3. All moneys in the marine fuel tax fund are 18 subject to audit by the auditor of state. The fund is 19 subject at all times to warrants by the director of 20 revenue and finance, drawn upon written requisition of 21 the department. Notwithstanding section 8.33, moneys 22 in the marine fuel tax fund shall remain in the fund 23 and shall not revert to the general fund of the state. 24 Notwithstanding section 12C.7, subsection 2, interest 25 or earnings on moneys deposited in the marine fuel tax 26 fund shall be credited to the marine fuel tax fund. 27 Sec. 55. Section 452A.84, Code 1995, is amended to 28 read as follows: 29 452A.84 TRANSFER TOSTATE GENERALMARINE FUEL TAX 30 FUND. 31 The treasurer of state shall transfer from the 32 motor fuel tax fund to thegeneralmarine fuel tax 33 fundof the stateestablished pursuant to section 34 452A.83, that portion of moneys collected under this 35 chapter attributable to motor fuel used in watercraft 36 computed as follows: 37 1. Determine monthly the total amount of motor 38 fuel tax collected under this chapter and multiply the 39 amount by nine-tenths of one percent. 40 2. Subtract from the figure computed pursuant to 41 subsection 1 of this section three percent of the 42 figure for administrative costs and further subtract 43 from the figure the amounts refunded to commercial 44 fishers pursuant to section 452A.17, subsection 13. 45 All moneys remaining after claims for refund and the 46 cost of administration have been made shall be 47 transferred to thegeneralmarine fuel tax fundof the48state. 49 Sec. 56. Section 455B.183A, subsection 2, 50 paragraph b, Code 1995, is amended to read as follows: Page 27 1 b. The operation of a public water supply system, 2 including any part of the system.The fees may be3based on the type and size of community served by the4system.The commission shall adopt a fee schedule 5 which shall be based on the total number of persons 6 served by public water supply systems in this state. 7 The commission shall calculate all fees in the 8 schedule to produce total revenues equaling four 9 hundred seventy-five thousand dollars for the fiscal 10 year beginning July 1, 1994, and ending June 30, 1995, 11 seven hundred thousand dollars for the fiscal year 12 beginning July 1, 1995, and ending June 30, 1996, nine 13 hundred thousand dollars for the fiscal year beginning 14 July 1, 1996, and ending June 30, 1997, and one 15 million two hundred thousand dollars for each 16 subsequent fiscal year. For the fiscal year beginning 17 July 1, 1994, and ending June 30, 1995, twenty-five 18 thousand dollars shall be deposited in the 19 administration account and four hundred fifty thousand 20 dollars shall be deposited in the public water supply 21 system account. For each subsequent fiscal year, one- 22 half of the fees shall be deposited into the 23 administration account and one-half of the fees shall 24 be deposited into the public water supply system 25 account. By May 1 of each year, the department shall 26 estimate the total revenue expected to be collected 27 from the overpayment of fees, which are all fees in 28 excess of the amount of the total revenues which are 29 expected to be collected under the current fee 30 schedule, and the total revenue expected to be 31 collected from the payment of fees during the next 32 fiscal year. The commission shall adjust the fees if 33 the estimate exceeds the amount of revenue required to 34 be deposited in the fund pursuant to this paragraph. 35 Sec. 57. Section 455E.11, subsection 2, paragraph 36 a, subparagraph (12), subparagraph subdivision (c), 37 Code 1995, is amended to read as follows: 38 (c) Twelve and one-half cents per ton per year is 39 appropriated to the department of natural resources to 40 provide additional toxic cleanup days and for the 41 natural resource geographic information system 42 required under section 455E.8, subsection 6. 43 Departmental rules adopted for implementation of toxic 44 cleanup days shall provide sufficient flexibility to 45 respond to the household hazardous material collection 46 needs of both small and large communities. 47 Sec. 58. EFFECTIVE DATES. 48 1. Sections 14, 17, 19, and 26 of this Act, being 49 deemed of immediate importance, take effect upon 50 enactment. Page 28 1 2. The amendments in this Act to 1993 Iowa Acts, 2 chapter 176, section 25, subsection 2, as amended by 3 1994 Iowa Acts, chapter 1198, section 31, being deemed 4 of immediate importance, take effect upon enactment. 5 3. The amendments in this Act to 1994 Iowa Acts, 6 chapter 1119, section 32, being deemed of immediate 7 importance, take effect upon enactment. 8 4. The amendments in this Act to section 9 455B.183A, being deemed of immediate importance, take 10 effect upon enactment. 11 5. Sections 8.60, 192.111, 192.112, 192.133, 12 192A.30, 194.14, 194.19, 194.20, 195.9, 198.9, 198.9A, 13 200.4, 200.8, 200.9, 201.13, 206.12, 206.12A, 452A.79, 14 452A.83, and 452A.84, Code 1995, as amended or enacted 15 by this Act take effect July 1, 1996. 16 6. This section, being deemed of immediate 17 importance, takes effect upon enactment." 18 2. Title page, by striking lines 1 through 4 and 19 inserting the following: "An Act relating to 20 agriculture and natural resources, by providing for 21 appropriations and revenue, providing related 22 statutory changes, and providing effective dates." Roll call was requested by Running of Linn and Schrader of Marion. On the question "Shall the House concur in the Senate amendment H-3945?" (H.F. 553) The ayes were, 36: Baker Bell Bernau Brand Burnett Cataldo Cohoon Connors Dinkla Doderer Drees Fallon Halvorson Harper Holveck Jochum Koenigs Larkin Mascher May McCoy Mertz Moreland Mundie Murphy Myers Nelson, L. O'Brien Ollie Running Schrader Shoultz Warnstadt Weigel Wise Witt The nays were, 59: Arnold Blodgett Boddicker Boggess Bradley Brauns Brunkhorst Carroll Churchill Coon Cormack Cornelius Daggett Disney Drake Eddie Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Hammitt Hanson Harrison Heaton Houser Hurley Huseman Jacobs Klemme Kreiman Kremer Lamberti Larson Lord Main Martin Metcalf Meyer Millage Nelson, B. Nutt Rants Renken Salton Schulte Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Weidman Welter Van Maanen, Presiding Absent or not voting, 5: Brammer Branstad Corbett, Spkr. Ertl Siegrist The motion failed and the House refused to concur in the Senate amendment H-3945. IMMEDIATE MESSAGE Gipp of Winneshiek asked and received unanimous consent that House File 553 be immediately messaged to the Senate. Unfinished Business Calendar The House resumed consideration of Senate File 142, a bill for an act establishing felonious child endangerment as a nonbailable offense, previously deferred and placed on the unfinished business calendar. Coon of Warren 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. 142) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Brammer Doderer Ertl The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. Ways and Means Calendar House File 164, a bill for an act updating the Iowa Code references to the Internal Revenue Code and providing retroactive applicability and effective dates, was taken up for consideration. SENATE FILE 201 SUBSTITUTED FOR HOUSE FILE 164 Dinkla of Guthrie asked and received unanimous consent to substitute Senate File 201 for House File 164. Senate File 201, a bill for an act updating the Iowa Code references to the Internal Revenue Code and providing retroactive applicability and effective dates, was taken up for consideration. Dinkla of Guthrie offered the following amendment H-3951 filed by him and moved its adoption: H-3951 1 Amend Senate File 201, as passed by the Senate, as 2 follows: 3 1. Page 1, line 16, by striking the word and 4 figures "January 1,1994" and inserting the following: 5 "January 1, 1994April 15,". Amendment H-3951 was adopted. Dinkla of Guthrie offered the following amendment H-3954 filed by him and moved its adoption: H-3954 1 Amend Senate File 201 as follows: 2 1. Page 1, by inserting after line 16 the 3 following: 4 "Sec. ___. Section 422.7, Code 1995, is amended by 5 adding the following new subsection: 6 NEW SUBSECTION. 33. Subtract the amount of the 7 employer social security credit allowable for the tax 8 year under section 45B of the Internal Revenue Code to 9 the extent that the credit increases federal adjusted 10 gross income." 11 2. Page 2, by inserting after line 20 the 12 following: 13 "Sec. ___. Section 422.35, Code 1995, is amended 14 by adding the following new subsection: 15 NEW SUBSECTION. 17. Subtract the amount of the 16 employer social security credit allowable for the tax 17 year under section 45B of the Internal Revenue Code to 18 the extent that the credit increases federal adjusted 19 gross income." 20 3. Title page, line 2, by inserting after the 21 word "Code" the following: ", allowing a deduction 22 for the employer social security credit,". Amendment H-3954 was adopted. Dinkla of Guthrie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 201) The ayes were, 98: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 2: Brammer Ertl The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. HOUSE FILE 164 WITHDRAWN Dinkla of Guthrie asked and received unanimous consent to withdraw House File 164 from further consideration by the House. LEAVE OF ABSENCE Leave of absence was granted as follows: Hahn of Muscatine, for the remainder of the day, on request of Siegrist of Pottawattamie. Unfinished Business Calendar The House resumed consideration of House File 197, a bill for an act relating to the expansion of the volunteer physician program to include other health care providers, previously deferred and placed on the unfinished business calendar. Schulte of Linn offered the following amendment H-3385 filed by him and moved its adoption: H-3385 1 Amend House File 197 as follows: 2 1. Page 2, line 10, by striking the words 3 "licensed physician assistant" and inserting the 4 following: "physician assistant licensed and 5 practicing under a supervising physician pursuant to 6 chapter 148C". Amendment H-3385 was adopted. Schulte of Linn moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (H.F. 197) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Rants Renken Running Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Brammer Ertl Ollie Schrader 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 197; Senate Files 142 and 201. The House resumed consideration of Senate File 407, a bill for an act relating to alkaline manganese batteries, previously deferred and placed on the unfinished business calendar. Cornelius of Jackson 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. 407) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Hahn Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Rants Renken Running Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Brammer Coon Ertl Ollie Schrader The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 225, a bill for an act eliminating requirements for competitive bids regarding the printing of election ballots, previously deferred and placed on the unfinished business calendar. Welter of Jones 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. 225) The ayes were, 79: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Harrison Holveck Houser Hurley Huseman Jacobs Klemme Koenigs Lamberti Larkin Larson Lord Main Martin May McCoy Mertz Metcalf Meyer Moreland Mundie Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Schulte Shoultz Siegrist Thomson Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 18: Bernau Burnett Cormack Fallon Garman Heaton Jochum Kreiman Kremer Mascher Millage Murphy Myers Salton Schrader Sukup Teig Tyrrell Absent or not voting, 3: Brammer Ertl Hahn The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 315, a bill for an act relating to mental health and developmental disabilities assistance by extending a moratorium on the number of intermediate care facility for the mentally retarded beds and requiring certain reporting activi ties of the state-county management committee, and providing an effective date, previously deferred and placed on the unfinished business calendar. Carroll of Poweshiek offered amendment H-3719 filed by the committee on human resources as follows: H-3719 1 Amend Senate File 315, as passed by the Senate, as 2 follows: 3 1. Page 1, by inserting after line 33 the 4 following: 5 "Sec. 100. Section 331.438, subsection 3, 6 paragraph b, Code 1995, is amended to read as follows: 7 b. The management committee shall consist of not 8 more thannineeleven voting members representing the 9 state and counties.as follows: 10 (1) An equal number ofthenot more than nine 11 members shall be appointed by the director of human 12 services and the Iowa state association of counties 13 and one additional member shall be jointly appointed 14 by both entities. Members appointed by the Iowa state 15 association of counties shall be selected from a pool 16 nominated by the county supervisor affiliate of the 17 association with four members from the affiliate. The 18 affiliate shall select the nominees through a secret 19 ballot process. The portion of the committee 20 membership appointed by the Iowa state association of 21 counties is not subject to the provisions of sections 22 69.16 and 69.16A. 23 (2)In addition, theThe committee shallalso24 include one member nominated by service providers and 25 one member nominated by service advocates and 26 consumers, with both members appointed by the 27 governor. 28 (3) In addition, the committee shall include four 29 members of the general assembly with one each 30 designated by the majority leader and minority leader 31 of the senate and the speaker and minority leader of 32 the house of representatives. A legislative member 33 serves in an ex officio, nonvoting capacity and is 34 eligible for per diem and expenses as provided in 35 section 2.10. 36 (4) A member who is not a legislator shall have 37 expenses and other costs paid by the state or the 38 county entity that the member represents. The 39 committee shall establish terms for its members, elect 40 officers, adopt operating procedures, and meet as 41 deemed necessary by the committee." 42 2. Page 3, by inserting after line 22 the 43 following: 44 "Sec. ___. APPLICABILITY. The provisions of 45 section 100 of this Act shall apply to appointments 46 made on or after July 1, 1995, for expired terms and 47 to fill vacancies in the membership of the state- 48 county management committee." 49 3. Title page, by striking lines 4 and 5 and 50 inserting the following: "applying certain Page 2 1 requirements to the state-county management committee, 2 and providing an applicability provision and an 3 effective date." Grundberg of Polk offered the following amendment H-3829, to the committee amendment H-3719 filed by her and Houser and moved its adoption: H-3829 1 Amend the amendment, H-3719, to Senate File 315, as 2 passed by the Senate, as follows: 3 1. Page 1, by inserting after line 4 the 4 following: 5 ""Sec. ___. Section 228.1, subsection 1, Code 6 1995, is amended to read as follows: 7 1. "Administrative information" means an 8 individual's name, identifying number, age, sex, 9 address, dates and character of professional services 10 provided to the individual, fees for the professional 11 services, third-party payor name and payor number of a 12 patient, if known, name and location of the facility 13 where treatment is received, the date of the 14 individual's admission to the facility, and the name 15 of the individual's attending physician or attending 16 mental health professional. 17 Sec. ___. Section 229.24, Code 1995, is amended by 18 adding the following new subsection: 19 NEW SUBSECTION. 3. If all or part of the costs 20 associated with hospitalization of an individual under 21 this chapter are chargeable to a county of legal 22 settlement, the county of legal settlement and the 23 county in which the hospitalization order is entered 24 shall have access to the following information 25 pertaining to the individual which would be 26 confidential under subsection 1: 27 a. Administrative information, as defined in 28 section 228.1. 29 b. An evaluation order under this chapter and the 30 location of the individual's placement under the 31 order. 32 c. A hospitalization or placement order under this 33 chapter and the location of the individual's placement 34 under the order. 35 d. The date, location, and disposition of any 36 hearing concerning the individual held under this 37 chapter. 38 e. Any payment source available for the costs of 39 the individual's care. 40 Sec. ___. Section 230.20, Code 1995, is amended by 41 adding the following new subsection: 42 NEW SUBSECTION. 7. The department shall provide a 43 county with information, which is not otherwise 44 confidential under law, in the department's possession 45 concerning a patient whose cost of care is chargeable 46 to the county, including but not limited to the 47 information specified in section 229.24, subsection 48 3." 49 2. Page 1, by inserting after line 48 the 50 following: Page 2 1 " . Title page, line 3, by striking the word 2 "and" and inserting the following: ",providing for 3 access to certain mental health information by a 4 county responsible for payment of costs, and"." 5 3. By renumbering as necessary. Amendment H-3829 was adopted. Harper of Black Hawk offered the following amendment H-3877, to the committee amendment H-3719 filed by her and moved its adoption: H-3877 1 Amend the amendment, H-3719, to Senate File 315, as 2 passed by the Senate, as follows: 3 1. Page 1, by striking lines 19 through 22 and 4 inserting the following: "ballot process." Amendment H-3877 was adopted. On motion by Carroll of Poweshiek, the committee amendment H-3719, as amended, was adopted. Carroll of Poweshiek 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. 315) The ayes were, 90: Arnold Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Veenstra Warnstadt Weidman Welter Wise Witt Van Maanen, Presiding The nays were, 7: Baker Garman Kreiman Mundie Schrader Vande Hoef Weigel Absent or not voting, 3: Brammer Ertl Hahn The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGES Gipp of Winneshiek asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 225, 315 and 407. The House resumed consideration of Senate File 176, a bill for an act relating to the filing of intergovernmental agreements for the joint exercise of governmental powers in certain counties, previously deferred and placed on the unfinished business calendar. Hanson of Black Hawk 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. 176) The ayes were, 97: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 3: Brammer Ertl Hahn The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 536 WITHDRAWN Grubbs of Scott asked and received unanimous consent to withdraw House File 536 from further consideration by the House. The House resumed consideration of Senate File 406, a bill for an act extending the periods in which a school or school district may apply to the department of education to waive the requirement that the school or school district provide an articulated sequential elementary-secondary guidance program and the requirement that the school or school district provide a media services program, previously deferred and placed on the unfinished business calendar. The following amendments filed by Mascher of Johnson and Cornelius of Jackson on April 4, 1995, were withdrawn by unanimous consent: H-3720 and H-3728. Cornelius of Jackson 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. 406) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Brammer Ertl Hahn Larson Millage The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 176 and 406. RULES SUSPENDED Siegrist of Pottawattamie asked and received unanimous consent to suspend the rules for the immediate consideration of Senate File 311. The House resumed consideration of Senate File 311, a bill for an act relating to symbols indicating medical directives on a validation document for license renewal by mail and on a driver's license or nonoperator's identification card, previously deferred and placed on the unfinished business calendar. Blodgett of Cerro Gordo moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 311) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Brammer Ertl Hahn Ollie The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. HOUSE FILE 219 WITHDRAWN Moreland of Wapello asked and received unanimous consent to withdraw House File 219 from further consideration by the House. HOUSE FILE 162 WITHDRAWN Coon of Warren asked and received unanimous consent to withdraw House File 162 from further consideration by the House. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 311 be immediately messaged to the Senate. The House resumed consideration of Senate File 346, a bill for an act relating to the establishment of practitioner review committees for the purposes of evaluating and monitoring practitioners who self-report physical or mental impairments, previously deferred and placed on the unfinished business calendar. Carroll of Poweshiek 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. 346) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Brammer Brauns Ertl Hahn Larkin The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 346 be immediately messaged to the Senate. The House resumed consideration of Senate File 351, a bill for an act authorizing certain cities to appoint additional members to certain city commissions, previously deferred and placed on the unfinished business calendar. Carroll of Poweshiek 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. 351) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 5: Brammer Brauns Ertl Hahn Shoultz The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 351 be immediately messaged to the Senate. The House resumed consideration of Senate File 197, a bill for an act relating to the confidentiality of financial information provided to the department of agriculture and land stewardship and providing an effective date, previously deferred and placed on the unfinished business calendar. Drake of Pottawattamie moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 197) The ayes were, 96: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 4: Brammer Brauns Ertl Hahn The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 371, a bill for an act relating to prohibiting a polygraph examination of a victim of sexual abuse as a precondition to an investigation by a law enforcement agency, previously deferred and placed on the unfinished business calendar. Schulte of Linn moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 371) The ayes were, 95: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brauns Brunkhorst Burnett Carroll Cataldo Churchill Cohoon Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Disney Doderer Drake Drees Eddie Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Harrison Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weidman Weigel Welter Wise Witt Van Maanen, Presiding The nays were, 1: Fallon Absent or not voting, 4: Brammer Dinkla Ertl Hahn The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 197 and 371. On motion by Siegrist of Pottawattamie, the House was recessed at 11:35 a.m., until 1:00 p.m. AFTERNOON SESSION The House reconvened at 1:16 p.m., Speaker pro tempore Van Maanen of Marion in the chair. QUORUM CALL A non-record roll call was requested to determine that a quorum was present. The vote revealed sixty-five members present, thirty-five absent. LEAVE OF ABSENCE Leave of absence was granted as follows: Cohoon of Des Moines, until his return, on request of Nelson of Pottawattamie. CONSIDERATION OF BILLS Unfinished Business Calendar The House resumed consideration of Senate File 438, a bill for an act relating to juvenile justice including notice requirements for certain hearings and authorizing associate juvenile judges to perform marriage ceremonies, previously deferred and placed on the unfinished business calendar. Schulte of Linn moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 438) The ayes were, 92: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brunkhorst Burnett Carroll Cataldo Churchill Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 8: Brammer Brauns Cohoon Ertl Hahn Harrison Mascher Weidman The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 398, a bill for an act relating to commutation of sentences of persons who have been sentenced to life imprisonment, previously deferred and placed on the unfinished business calendar. Lamberti of Polk offered the following amendment H-3789 filed by the committee on judiciary and moved its adoption: H-3789 1 Amend Senate File 398, as amended, passed, and re- 2 printed by the Senate, as follows: 3 1. Page 1, by inserting after line 17 the 4 following: 5 "Sec. ___. Section 914.2, Code 1995, is amended to 6 read as follows: 7 914.2 RIGHT OF APPLICATION. 8AExcept as otherwise provided in section 902.2, a 9 person convicted of a criminal offense has the right 10 to make application to the board of parole for 11 recommendation or to the governor for a reprieve, 12 pardon, commutation of sentence, remission of fines or 13 forfeitures, or restoration of rights of citizenship 14 at any time following the conviction. 15 Sec. ___. Section 914.3, subsection 1, Code 1995, 16 is amended to read as follows: 17 1.TheExcept as otherwise provided in section 18 902.2, the board of parole shall periodically review 19 all applications by persons convicted of criminal 20 offenses and shall recommend to the governor the 21 reprieve, pardon, commutation of sentence, remission 22 of fines or forfeitures, or restoration of the rights 23 of citizenship for persons who have by their conduct 24 given satisfactory evidence that they will become or 25 continue to be law-abiding citizens." 26 2. By renumbering as necessary. The committee amendment H-3789 was adopted. Lamberti of Polk offered the following amendment H-3956 filed by him and moved its adoption: H-3956 1 Amend Senate File 398, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 1, line 6, by striking the word "ten" and 4 inserting the following: "five". Amendment H-3956 was adopted. Lamberti 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. 398) The ayes were, 93: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Branstad Brunkhorst Burnett Carroll Cataldo Churchill Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 7: Brammer Brauns Cohoon Ertl Hahn Harrison Weidman IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 398 and 438. SENATE AMENDMENT CONSIDERED Houser of Pottawattamie called up for consideration Senate File 462, a bill for an act relating to appropriations for the department of human services and the prevention of disabilities policy council and including other provisions and appropriations involving human services and health care and providing for effective and applicability dates, amended by the House, further amended by the Senate and moved that the House concur in the following Senate amendment H-3910 to the House amendment: H-3910 1 Amend the House amendment, S-3394, to Senate File 2 462, as amended, passed, and reprinted by the Senate, 3 as follows: 4 1. Page 4, line 45, by striking the word and 5 figure "Sec. 200." and inserting the following: 6 "200". 7 2. Page 5, by inserting after line 45 the 8 following: 9 " . Page 10, line 15, by striking the figure 10 "3,895,934" and inserting the following: 11 "2,895,934"." 12 3. Page 7, line 5, by inserting after the word 13 "cases." the following: "The department shall submit 14 a report of the findings of the study to the 15 chairpersons and ranking members of the joint 16 appropriations subcommittee on human services on or 17 before January 1, 1996." 18 4. Page 7, line 8, by striking the figure "100" 19 and inserting the following: "___." 20 5. Page 7, by striking lines 21 through 25. 21 6. Page 7, by striking lines 35 through 44. 22 7. Page 8, line 38, by striking the figure 23 "255C.2" and inserting the following: "225C.2". 24 8. Page 10, by striking lines 25 through 30 and 25 inserting the following: 26 " . Page 45, line 17, by inserting after the 27 word "authorization," the following: "section 3, 28 subsection 200, relating to the nursing home waiver 29 pilot program,"." 30 9. By renumbering as necessary. The motion prevailed and the House concurred in the Senate amendment H-3910, to the House amendment. Houser of Pottawattamie moved that the bill, as amended by the House, further amended by the Senate and concurred in by the House, be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 462) The ayes were, 80: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Bradley Brand Brunkhorst Burnett Cataldo Churchill Connors Corbett, Spkr. Daggett Dinkla Disney Doderer Drake Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Heaton Holveck Houser Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt Ollie Rants Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Van Fossen Vande Hoef Veenstra Warnstadt Weigel Welter Wise Witt The nays were, 13: Branstad Carroll Coon Cormack Cornelius Drees Hurley Lord Main O'Brien Renken Tyrrell Van Maanen, Presiding Absent or not voting, 7: Brammer Brauns Cohoon Ertl Hahn Harrison Weidman The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. IMMEDIATE MESSAGE Siegrist of Pottawattamie asked and received unanimous consent that Senate File 462 be immediately messaged to the Senate. The House resumed consideration of Senate File 428, a bill for an act to provide for the reciprocal rendition of prisoners as witnesses in criminal proceedings and providing an effective date, previously deferred and placed on the unfinished business calendar. Lamberti 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. 428) The ayes were, 92: Arnold Baker Bell Blodgett Boddicker Boggess Bradley Brand Branstad Brunkhorst Burnett Carroll Cataldo Churchill Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Shoultz Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 8: Bernau Brammer Brauns Cohoon Ertl Hahn Harrison Weidman The bill having received a constitutional majority was declared to have passed the House and the title was agreed to. The House resumed consideration of Senate File 457, a bill for an act relating to the civil rights commission concerning the enforcement of civil rights laws, and the promotion and transfer of employed disabled persons, previously deferred and placed on the unfinished business calendar. Nutt of Woodbury offered the following amendment H-3821 filed by the committee on judiciary and moved its adoption: H-3821 1 Amend Senate File 457, as passed by the Senate, as 2 follows: 3 1. Page 6, by striking line 13. 4 2. Title page, lines 2 and 3, by striking the 5 words ", and the promotion and transfer of employed 6 disabled persons". The committee amendment H-3821 was adopted. Nutt of Woodbury moved that the bill be read a last time now and placed upon its passage which motion prevailed and the bill was read a last time. On the question "Shall the bill pass?" (S.F. 457) The ayes were, 91: Arnold Baker Bell Bernau Blodgett Boddicker Boggess Brand Branstad Brunkhorst Burnett Carroll Cataldo Churchill Connors Coon Corbett, Spkr. Cormack Cornelius Daggett Dinkla Disney Doderer Drake Drees Eddie Fallon Garman Gipp Greig Greiner Gries Grubbs Grundberg Halvorson Hammitt Hanson Harper Heaton Holveck Houser Hurley Huseman Jacobs Jochum Klemme Koenigs Kreiman Kremer Lamberti Larkin Larson Lord Main Martin Mascher May McCoy Mertz Metcalf Meyer Millage Moreland Mundie Murphy Myers Nelson, B. Nelson, L. Nutt O'Brien Ollie Rants Renken Running Salton Schrader Schulte Siegrist Sukup Teig Thomson Tyrrell Van Fossen Vande Hoef Veenstra Warnstadt Weigel Welter Wise Witt Van Maanen, Presiding The nays were, none. Absent or not voting, 9: Bradley Brammer Brauns Cohoon Ertl Hahn Harrison Shoultz Weidman The bill having received a constitutional majority was declared to have passed the House and the title as amended was agreed to. IMMEDIATE MESSAGES Siegrist of Pottawattamie asked and received unanimous consent that the following bills be immediately messaged to the Senate: Senate Files 428 and 457. 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 18, 1995, amended and passed the following bill in which the concurrence of the House is asked: House File 460, a bill for an act relating to governmental control of property by allowing governmental entities to enter and test property for condemnation of property for highway purposes, providing for the interest rates assessed for condemnation damages, providing for right-of-way notice filings, and concerning advertising control laws on scenic highways. Also: That the Senate has on April 18, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 554, a bill for an act relating to state and local taxes including appeals of department of revenue and finance actions, the prohibition of unconstitutional or illegal tax collections, assessment procedures pertaining to amended returns, corporate income tax rates, sales tax on test laboratory services, collection of sales tax by out-of-state retailers, interest accrual on sales and use tax refunds, sales tax permit denial for delinquent taxes, bonding provisions for sales tax and environmental protection charge contested case decisions, costs associated with contested case hearings, penalty for underpayment of corporation income and franchise taxes, services subject to use tax, penalty for underpayment of use tax, the repeal of obsolete property tax provisions, and imposition of the drug excise tax on unprocessed marijuana plants and providing effective and applicability date provisions. Also: That the Senate has on April 18, 1995, passed the following bill in which the concurrence of the Senate was asked: House File 556, a bill for an act relating to the definition of entities eligible for property tax exemption for construction of speculative shell buildings. Also: That the Senate has on April 18, 1995, refused to concur in the House amendment to the following bill in which the concurrence of the Senate was asked: Senate File 93, a bill for an act related to criminal offenses against minors and sexually violent offenses and offenders committing those offenses, by requiring registration by offenders, providing for the establishment of a sex offender registry, permitting the charging of fees, and providing penalties. Also: That the Senate has on April 18, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 226, a bill for an act relating to the disposition of valueless mobile homes, modular homes, and manufactured homes. Also: That the Senate has on April 18, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 400, a bill for an act providing for the reincorporation of nonprofit corporations and providing for retroactive applicability and effective dates. Also: That the Senate has on April 18, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 437, a bill for an act relating to the entitlement to benefits and dividends under the Iowa public employees' retirement system. Also: That the Senate has on April 18, 1995, concurred in the House amendment and passed the following bill in which the concurrence of the Senate was asked: Senate File 439, a bill for an act relating to making false reports to law enforcement agencies, making spurious calls to emergency 911 communications centers, or providing false information on citations and establishing penalties and providing a conditional effective date. Also: That the Senate has on April 18, 1995, passed the following bill in which the concurrence of the House is asked: Senate File 475, a bill for an act relating to state financial provisions and providing applicability provisions and effective dates. JOHN F. DWYER, Secretary EXPLANATIONS OF VOTE I was necessarily absent from the House chamber on April 18, 1995. Had I been present, I would have voted "aye" on Senate Files 197, 346, 351, 398, 428, 438, 457 and 462. BRAUNS of Muscatine I was necessarily absent from the House chamber on April 18, 1995. Had I been present, I would have voted "aye" on Senate Files 438, 398, 462, 428 and 457. HARRISON of Scott I was necessarily absent from the House chamber on April 17, 1995. Had I been present, I would have voted "aye" on House File 548. HOUSER of Pottawattamie I was necessarily absent from the House chamber on April 17, 1995. Had I been present, I would have voted "aye" on House File 482. LARSON of Linn PRESENTATION OF VISITORS Siegrist of Pottawattamie presented to the House the Honorable Joan Hester, former member of the House representing Pottawattamie County. The Speaker announced that the following visitors were present in the House chamber: Fifty high school and German exchange students from Urbandale High School, Urbandale. By Churchill and Metcalf of Polk. Eleven seventh and eighth grade students from Sacred Heart School, Ft. Dodge, accompanied by Janet Walkup. By Cormack and Mundie of Webster. Thirty-nine fourth and fifth grade students from Campfire Boys and Girls, Cedar Rapids, Lisbon and Marion, accompanied by Kathy Spalti, Linda Noll, Vicky Parker, Wendy Kroll, Lois Wilson, Debbie Volesky, Kathy Evers and Suzanne Pollard. By Corbett, Brammer, Larson, Schulte, Thomson and Running of Linn. Sixteen eighth grade students from Sacred Heart School, Boone, accompanied by Tim McCloud and Pat Scoles. By O'Brien of Boone. Nineteen students from Tipton Bible School, Tipton, accompanied by Deb and Jim Schneider. By Boddicker of Cedar. Seventy fifth grade students from Edmunds Academy, Des Moines, accompanied by Larry Jones. By Cataldo and Fallon of Polk. CERTIFICATES OF RECOGNITION MR. SPEAKER: The Chief Clerk of the House respectfully reports that certificates of recognition have been issued as follows. ELIZABETH A. ISAACSON Chief Clerk of the House 1995\225 Linda Christena Heithoff, Council Bluffs - For celebrating her 100th birthday. 1995\226 Florence H. Jacobsen, Council Bluffs - For celebrating her 90th birthday. 1995\227 Alvin and Mae Schuldt, Deep River - For celebrating their 70th wedding anniversary. 1995\228 Bertha Jenkins, Council Bluffs - For celebrating her 85th birthday. SUBCOMMITTEE ASSIGNMENTS House File 222 Ways and Means: Disney, Chair; Larson and Myers. House File 561 Ways and Means: Rants, Chair; Jochum and Van Fossen. House File 564 Ways and Means: Rants, Chair; Jochum and Van Fossen. Senate File 2 Ways and Means: Drake, Chair; Jochum and Van Fossen. HOUSE STUDY BILL SUBCOMMITTEE ASSIGNMENT House Study Bill 328 Ways and Means: Van Fossen, Chair; Bernau and Rants. COMMITTEE RECOMMENDATION MR. SPEAKER: The Chief Clerk of the House respectfully reports that the following committee recommendation has been received and is on file in the office of the Chief Clerk. ELIZABETH A. ISAACSON Chief Clerk of the House COMMITTEE ON WAYS AND MEANS Committee Bill (Formerly House Study Bill 327), relating to the electricity purchase or wheeling requirements for alternate energy production and small hydro facilities, providing a methane energy purchase sales tax credit, and providing an effective date. Fiscal Note is not required. Recommended Amend and Do Pass April 18, 1995. AMENDMENTS FILED H-3965 S.F. 358 Thomson of Linn Kreiman of Davis H-3966 H.F. 564 Hanson of Black Hawk Witt of Black Hawk H-3967 S.F. 208 Boddicker of Cedar H-3968 H.F. 511 McCoy of Polk H-3969 S.F. 266 Brunkhorst of Bremer H-3970 S.F. 266 Daggett of Union H-3971 H.F. 460 Senate Amendment H-3972 S.F. 83 Grundberg of Polk Metcalf of Polk Jacobs of Polk Nelson of Marshall Thomson of Linn Lamberti of Polk Hammitt of Harrison Churchill of Polk Witt of Black Hawk H-3973 S.F. 266 Daggett of Union Grundberg of Polk Ollie of Clinton H-3974 S.F. 150 Fallon of Polk H-3975 H.F. 530 Weigel of Chickasaw On motion by Siegrist of Pottawattamie, the House adjourned at 1:50 p.m. until 8:45 a.m., Wednesday, April 19, 1995.
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Iowa General Assembly
Index: House Journal (76th General Assembly: Session 1)
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